HomeMy WebLinkAbout08-036 CC ResolutionRESOLUTION NO. 08-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA CONDITIONALLY ORDERING THE
VACATION OF PORTIONS OF YNEZ ROAD (ABBOTT
CARDIOVASCULAR SYSTEMS, INC., APPLICANT)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, on October 22, 2002, the City of Temecula and Advanced
Cardiovascular Systems, Inc., now known as Abbott Cardiovascular Systems, Inc.
("ACS"), entered into that certain Development Agreement for the development of
approximately 27 acres of real property in the vicinity of Ynez Road, Motor Car
Parkway, Margarita Road and Solana Way ("Development Agreement"). The
Development Agreement was approved by the City Council by its adoption of Ordinance
No. 02-10 and was recorded on February 7, 2003 as Document Number 2003-092775
of Official Records of the County of Riverside. Section 2.13 of the Development
Agreement provides that in order to accommodate traffic and to minimize the
interruption of vehicular traffic on Ynez Road due to the existing surface pedestrian
crossing, the parties wish to provide for the construction by ACS of a private pedestrian
bridge across Ynez Road. Section 2.13.3 of the Development Agreement further
' provides that the City shall convey to ACS sufficient real property interests and shall
carry out necessary vacation proceedings in order to accommodate the bridge. The
terms and conditions of the Development Agreement and the Council's authority to act
in connection therewith were validated by judgment of the Superior Court of the State of
California, County of Riverside, entered on August 15, 2003, in Case No. RIC 387405;
and
WHEREAS, ACS has determined to proceed with development and construction
of the pedestrian bridge. Consistent with Section 2.13.3 of the Development
Agreement, ACS has requested the City to conduct vacation proceedings under
California STREETS AND HIGHWAYS CODE Section 8320, et seq. for the vacation of certain
portions of Ynez Road in the vicinity of Motor Car Parkway. The purpose of the
proposed vacation is to facilitate the construction of the private pedestrian bridge across
Ynez Road that will join ACS facilities on either side of such road. ACS owns the
underlying fee interest in Ynez Road. Vacation of a portion of the airspace above the
road and on and under the surface of a small portion of the median will allow ACS to
construct the bridge and obtain satisfactory title insurance; and
WHEREAS, on February 20, 2008, the Planning Commission of the City of
Temecula reviewed the proposed conditional vacation of portions of Ynez Road, and
determined that said conditional vacation is in conformance with the General Plan of the
City of Temecula and adopted Resolution No. PC 08-11; and
R:/Resos 2008/Resos 0836 1
' WHEREAS, on March 18, 2008, the City Council adopted Resolution No. 08-31,
declaring its intention to consider the conditional vacation of Ynez Road, and setting the
time and place for a public hearing on the matter; and
WHEREAS, notice of the public hearing was posted and published in the manner
regUlred by 18W (STREETS AND HIGHWAYS CODE SeCtIOnS 8320(b), 8322(a) and 8323).
The City Council has conducted the public hearing at the time and place specified in the
notice of hearing and has heard any and all evidence offered by persons interested.
NOW, THEREFORE, BE IT RESOLVED:
1. Notice of the public hearing was posted and published in the manner
required by law (STREETS AND HIGHWAYS CODE S2Ct10nS 8320, 8322 and 8323).
Notices of the conditional vacation were conspicuously posted along Ynez Road in the
areas proposed for vacation at least two weeks prior to April 8, 2008. At least three
(3) notices were posted not more than 300 feet apart in compliance with STREETS AND
HIGHWAYS CODE $eCtlOn 8323.
2. In accordance with the California Environmental Quality Act, Public
Resources Code Section 21000 et seq. ("CEQA"), and the CEQA Guidelines, 14 Cal.
Code Regs. § 15000 et seq. ("CEQA Guidelines"), and the City's local CEQA
Guidelines, the City Council has considered the proposed vacation of portions of the
' public street easement on Ynez Road as described in this Resolution. The City
Council has also reviewed and considered the Mitigated Negative Declaration for the
Development Agreement approved by the City Council on October 22, 2002, including
the impacts and mitigation measures identified therein. Based on that review, the City
Council finds that the proposed vacation does not require the preparation of a
subsequent Environmental Impact Report or Mitigated Negative Declaration as none
of the conditions described in Section 15162 of the CEQA Guidelines [14 Cal. Code
Regs. 15162] exist. Specifically, the City Council finds that the proposed vacation
does not involve significant new effects, does not change the baseline environmental
conditions, and does not represent new information of substantial importance which
shows that the proposed vacation will have one or more significant effects not
previously discussed in the Mitigated Negative Declaration. Accordingly, no further
environmental review is required pursuant to Section 15162 of the CEQA Guidelines
and Section 21166 of the Public Resources Code.
3. The City Council of the City of Temecula finds that the proposed conditional
vacation conforms to the General Plan. Section 2.13 of the Development Agreement
provides that in order to accommodate traffic and to minimize the interruption of
vehicular traffic on Ynez Road due to the existing surface pedestrian crossing, the
parties wish to provide for the construction by ACS of a private pedestrian bridge across
Ynez Road. Section 2.13.3 of the Development Agreement further provides that the
City shall convey to ACS sufficient real property interests and shall carry out necessary
' vacation proceedings in order to accommodate the bridge. In approving the
Development Agreement, the City Council found that the Development Agreement is
consistent with the objectives, policies, general land uses, and programs specified in the
R:IResos 2008/Resos 0836 2
' City of Temecula General Plan in that the Development Agreement makes reasonable
provision for the use of certain real property for industrial, commercial and residential
component. The Development Agreement complies with the goals and objectives of the
Circulation Element of the General Plan and the traffic impacts of the development over
the period of the Development Agreement will be substantially mitigated by the
mitigation measures and conditions of approval imposed. The City Council also finds
that the pedestrian bridge supports and serves the project described in the
Development Agreement, which project furthers Goal 1 of the Land Use Element of the
General Plan, to achieve a diverse and integrated mix of residential, commercial,
industrial, recreational, public and open space land uses, and Policy 1.4, "Support
development of light industrial, clean manufacturing, technology, biomedical, research
and development, and office uses to diversity Temecula's economic base." As an
important component of the project contemplated under the Development Agreement,
the pedestrian bridge assists in implementing Policy 1.4. The City Council further finds
that Goal 6 of the Circulation Element of the General Plan seeks enhanced traffic safety
on Ciry streets. Policy 6.3 states, "Require that vehicular, pedestrian and bicycle traffic
be separated to the maximum extent feasible, especially in areas with high traffic
volumes." Ynez Road is a "Principal Arterial" under the Roadway Plan set forth as
Figure C-2 in the Circulation Element. The area of Ynez Road in the vicinity of the
pedestrian bridge experiences high traffic volumes, and traffic safety is an important
issue in particular given the large number of ACS employees who must cross Ynez
Road going to and from work. The pedestrian bridge will help separate vehicular and
pedestrian traffic in an area with high traffic volumes, thus implementing Goal 6 of the
Circulation Element. Further, Section C-17 of the Circulation Element Implementation
Program seeks to allow for safe movement of vehicles, bicycles and pedestrians and
minimize accidents by implementing such measures as developing safe passage routes
and alternatives to crossing busy highways within the City, and constructing pedestrian
crossings over arterial roadways with heavy traffic volumes. The City Council finds that
the pedestrian bridge in this area of heavy traffic volumes is directly consistent with the
Circulation Element Implementation Program.
4. The City Council of the City of Temecula finds, from all the evidence
submitted, that portions of the public street easement on Ynez Road adjacent to ACS
properties on either side of Ynez, south of Overland Drive and north of Motor Car
Parkway are unnecessary for present or prospective public use. Specifically, the City
Council of the City of Temecula finds that the portions of the public street easement
described as Parcel 1 comprising the air space rights, the portions of the public street
easement described as Parcel 2 comprising the vacation of portions needed for the
pedestrian bridge pier, and the portions of the public street easement described as
Parcel 3 comprising the portions needed for the pedestrian bridge footing which are
described collectively on Exhibit "A" and depicted on Exhibits "B", "C" and "D",
respectively, are unnecessary for present or prospective public use. Exhibits "A"
through "D" are incorporated herein by this reference. These portions of the public
street easement described on Exhibits "A" through "D" are referred to collectively below
' as the "Vacation Area". These portions of the public street easement on Ynez Road are
not useful for non-motorized transportation facilities. The City Council further finds that
significant benefit to the community will result from vacation of the Vacation Area, for
R:/Resos 2008IResos OS-36 3
' the reasons set forth in this resolution, and that such vacation is thus in the public
interest. The City Council hereby orders the vacation of the Vacation Area, subject to
the conditions of approval attached as Exhibit "E", which is incorporated herein by this
reference.
5. The conditions of approval provide for certain rights in the City of Temecula in
the event of an extended, uncured period of non-use of the pedestrian bridge by ACS or
its successors. Such rights include a power of termination under specified
circumstances, under which the City could take steps to have title to the Vacation Area
revert to the City. The power of termination constitutes an interest in real property, to be
the subject of reasonably satisfactory title insurance. The City Council finds that an
extended period of non-use could result in the need for the City to take the steps
described in the referenced conditions of approval in order to protect the public health,
safety and general welfare. The City Council's determination that the Vacation Area is
unnecessary for present or prospective public use is based, in part, upon the City's
reversionary interest in the event of non-use of the pedestrian bridge. In such
circumstances, the Vacation Area would remain unnecessary for public use, but the City
Council finds that the public interest is best served by the City's reservation of the right
to exercise the power of termination in order to address circumstances that could
otherwise constitute blight or a public nuisance.
6. The vacation ordered herein shall occur upon completion of the conditions of
approval set forth in Exhibit "E", excepting those conditions which are identified for
completion or applicability at a later time.
7. The City Clerk is authorized and directed to certify the adoption of this
resolution and to cause a certified copy hereof to be recorded in the official records of
Riverside County, California, upon written confirmation from the City's Director of Public
Works/City Engineer that all conditions of approval required to be completed before
recordation have been met.
8. In the event the conditions required to be completed before recordation have
not been met within two years after the date of adoption hereof, this resolution shall be
automatically terminated and be of no further force or effect.
R:/Resos 2008/Resos 0636 4
' PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
8th day of April, 2008.
~~
Michael aggar, Mayor
ATTEST:
SusanJones,
City C r
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify
that the foregoing Resolution No. 08-36 was duly and regularly adopted by the City
Council of the City of Temecula at a meeting thereof held on the 8`h day of April,
2008, by the following vote:
AYES: 4 COUNCILMEMBERS: Comerchero, Edwards, Roberts, Naggar
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Washington
ABSTAIN: 0 COUNCILMEMBERS: None
Susan W. ones, MMC
City Clerk
R:/Resos 2008/Resos 08-36 5
' EXHIBITS A THROUGH D
LEGAL DESCRIPTIONS AND PLAT MAPS
1028039-1
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1
FOR STREET VACATION OF AIR SPACE RIGHTS
FOR PEDESTRIAN BRIDGE PURPOSES
A VOLUME OF AIItSPACE OVER THAT PORTION OF TRACT N0.3334 RECORDED IN
BOOK 54 OF MAPS AT PAGES 25 - 30 AND THAT PORTION OF THE GRANT OF
EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES, RECORDED
FEBRUARY 9, 1993 AS DOCUMENT NO. 50724 OF OFFICIAL RBCORDS, IN THE
OFFICES OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA LYING BELOW AN ELEVATION OF 1089.00 FEET AND ABOVE AN
ELEVATION OF 1071.50 FEET PER THE RIVERSIDE COUNTY BENCH MARK
DESIGNATED AS "T-46-81 RESET 1997", HAVING AN ELEVATION OF 1097.163,
ESTABLISHED ON JUNE 12, 1997, ON FII.E WITH THE COUNTY OF RIVERSIDE,
BEING MORE PARTICULARLY DESCRE3ED AS FOLLOWS AND MORE CLEARLY
SHOWN ON E7GIIBIT "B° ATTACHED HERETO AND MADE A PART HEREOF:
COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD (134.00 FEET
WIDE) AND MOTOR CAR PARKWAY (60.00 FEET WIDE PRIVATE ROAD AND
UTILITIES EASEMENT) AS SHOWN ON PARCEL MAP 23354 RECORDED IN BOOK
' 152 , OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY
RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH
10°12'45" WEST A DISTANCE OF 64.87 FEET TO THE TRUE POINT OF BEGINNIIVG;
THENCE LEAVING SAID CENTERLINE OF YNEZ ROAD SOUTH 79°47'54" WEST A
DISTANCE OF 67.00 FEET TO THE WESTERLY RIGHT-0F-WAY OF SAID YNEZ
ROAD AS SHOWN ON SAID DOCUMENT N0.50724;
THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-0F-WAY NORTH 10°12'45"
WEST A DISTANCE OF 13.50 FEET;
THENCE LEAVING SAID WESTERLY RIGHT-0F-WAY NORTH 79°47'54" EAST A
DISTANCE OF 134.00 FEET TO THE EASTERLY RIGHT-0F-WAY OF SAID YNEZ
ROAD AS SHOWN ON THE GRANT OF EASEMENT FOR PUBLIC ROAD AND
DRAINAGE PURPOSES, RECORDED FEBRUARY 9, 1993 AS DOCUMENT NO. 50718
OF OFFICLAI, RECORDS, IN THE OFFICES OF THE COUNTY RECORDER OF THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY SOUTH 10°12'45"
EAST A DISTANCE OF 13.50 FEET;
THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY SOUTH 79°47'54" WEST A
DISTANCE OF 67.00 FEET TO THE TRUE POIIVT OF BEGINNING.
' PARCEL 2
FOR STREET VACATION OF Aat SPACE RIGHTS
FOR PEDESTRIAN BRIDGE PIER
A VOLUME OF AIRSPACE OVER THAT PORTION OF LOT "H° OF TRACT NO. 3334,
RECORDED IN BOOK 54 OF MAPS AT PAGES 25 - 30 IN THE OFFICES OF THE
COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
LYING BELOW AN ELEVATION OF 1071.50 FEET AND ABOVE AN ELEVATION OF
1053.00 FEET PER THE RIVERSIDE COUNTY BENCH MARK DESIGNATED AS "T-46-
81 RESET 199T', HAVING AN ELEVATION OF 1097.163, ESTABLISHED ON JUNE 12,
1997, ON FII.E WITH THE COUNTY OF RIVERSIDE, THE TOP OF SAID PORTION
BEING RECTANGULAR AND THE BOTTOM OF SAID PORTION BEING CIRCULAR,
THE SIDBS OF SAID PORTION BEING IN A STRAIGHT LINE BETWEEN THE TOP
AND BOTTOM EDGES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
AND MORE CLEARLY SHOWN ON EXHIBIT "C" ATTACHED HERETO AND MADE A
PART HEREOF:
BOTTOM DESCRD'TION (at elevation 1053.00):
COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD AND MOTOR
CAR PARKWAY AS SHOWN ON PARCEL MAP NO. 23354 RECORDED IN BOOK 152
OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDER
OF SAID COUNTY OF RIVERSIDE;
' THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH
10°12'45" WEST A DISTANCE OF 71.87 FEET;
THENCE LEAVING SAID CENTERLINE NORTH 79°4T 15" EAST A DISTANCE OF 6.00
FEET TO THE TRUE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING
THE CENTER OF A 3.00 FOOT RADIUS EASEMENT.
TOP DESCRII'1TON (at elevation 1071.50):
COMMENCING AT THE CENTERLINE IlVTERSECTION OF YNEZ ROAD AND MOTOR
CAR PARKWAY AS SHOWN ON PARCEL MAP NO. 23354 RECORDED IN BOOK 152
OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDER
OF SAID COUNTY OF RIVERSIDE;
THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH
10°12'45" WEST A DLSTANCE OF 65.12 FEET;
THENCE LEAVING SAID CENTERLINE OF YNEZ ROAD NORTH 79°4715".EAST A
DISTANCE OF 2.50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 79°4754" EAST A DISTANCE OF 7.00 FEET;
' THENCE NORTH 10°12'06" WEST A DISTANCE OF 13.00 FEET;
2
THENCE SOUTH 79°4754° WEST A DISTANCE OF T.00 FEET;
' THENCE SOUTH 10°12'06" EAST A DISTANCE OF 13.00 FEET TO THE TRUE POINT
OF BEGINMNG.
PARCEL 3
FOR STREET VACATION OF RIGHTS
FOR PEDESTRIAN BRIDGE FOOTING
A VOLUME OF SPACE UNDER THAT PORTION OF LOT "H" OF TRACT NO. 3334,
RECORDED IN BOOK 54 OF MAPS AT PAGES 25 - 30 IN THE OFFICES OF THE
COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
LYING BELOW AN ELEVATION OF 1053.00 FEET AND ABOVE AN ELEVATION OF
953.00 FEET PER THE RIVERSIDE COUNTY BENCH MARK DESIGNATED AS "T-46-81
RESET 1997", HAVING AN ELEVATION OF 1097.163, ESTABLISHED ON JUNE 12,
1997, ON FILE WITH THE COUNTY OF RIVERSIDE, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS AND MORE CLEARLY SHOWN ON EXHIBIT "D"
ATTACHED HERETO AND MADE A PART HEREOF:
COMMENCING AT THE CENTERLINE IN'T'ERSECTION OF YNEZ ROAD AND MOTOR
' CAR PARKWAY AS SHOWN ON PARCEL MAP NO. 23354 RECORDED IN BOOK 152
OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDER
OF SAID COUNTY OF RIVERSIDE;
THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH
10°12'45" WEST A DISTANCE OF 71.87 FEET;
THENCE LEAVING SAID CENTERLINE NORTH 79°47' 15" EAST A DISTANCE OF 6.00
FEET TO THE TRUE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING
THE CENTER OF A 3.00 FOOT RADIUS EASEMENT.
EXHIBIT "B"
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EXHIBIT "D"
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' EXHIBIT "E"
CONDITIONS OF APPROVAL
ACS shall have the exclusive use of the pedestrian bridge, and shall have the right to
restrict access to authorized persons. ACS shall own the bridge, and City shall have
no ownership interest therein.
2. ACS shall indemnify City as to the construction and operation of the bridge,
consistent with the terms of an operating memorandum under Section 6.2 of the
Development Agreement in a form mutually agreeable to the City and ACS and in
form satisfactory to the City Attorney.
3. ACS shall be responsible for all costs for design and construction of the bridge
(including relocation of utilities, as necessary).
4. ACS shall protect any public utilities in the vicinity of the Vacation Area during
construction of the piers, bridge abutments and similar supporting structures. Any
damage to existing utilities shall be repaired or reconstructed, and any necessary
temporary or permanent relocation shall be conducted, in a manner satisfactory to
the affected utility at ACS's sole cost and expense.
' 5. The vacation shall not impede Fire Department access to the pedestrian bridge or its
appurtenant structures.
6. ACS shall be responsible for all costs for maintenance of the bridge and for removal
upon cessation of use.
7. The City of Temecula reserves a power of termination as set forth in this condition of
approval.
a. After a period of three (3) years of continuous non-use of the pedestrian bridge
constructed in the Vacation Area, the City may (but is not required to) take the
steps set forth in this condition, within the time allowed by law. As used here,
"continuous non-use' means that the pedestrian bridge has not been used to
access or provide utility or other services to the real property on either end of the
bridge during the period in question.
b. If the City determines that there have been three (3) years of continuous non-use
and wishes to proceed under this condition, it shall provide ACS with written
notice of its determination and an opportunity to cure the alleged non-use. If
ACS is no longer the record owner of the property on each side of the bridge at
that time, the City shall provide notice to the then-record owner(s). Such notice
shall provide ACS a ninety (90) day period within which to make use of the
bridge. Notice shall be given, and days hereunder shall be counted, in the
manner set forth in the Development Agreement.
1028039-1
' c. If the City determines that ACS has not made reasonably frequent use of the
bridge within the ninety (90) day period, the City Council shall consider the matter
at a public meeting, and shall provide written notice to ACS (or the then-current
owner(s)) at least thirty (30) days in advance of such consideration. If at the
conclusion of its consideration the City Council determines that (a) there has
been a three (3) year period of continuous non-use, and (b) that no reasonably
frequent use was made during the ninety (90) day cure period, then the Council
may adopt a resolution authorizing the exercise of the City's power of
termination.
d. The provisions of Development Agreement Section 12, Judicial Review, shall
apply to the exercise or attempted exercise of the City's power of termination
hereunder, or as to any other dispute under these conditions of approval,
including (without limitation) resolution of claims through a general reference in
accordance with Code of Civil Procedure Sections 638 through 645.1 or any
successor statutes, and the right of the prevailing party to attorneys' fees and
costs. In any reference or proceeding, the City shall have the burden of proof to
demonstrate the fact of continuous non-use of the pedestrian bridge.
8. Nothing in this Resolution or conditions of approval shall affect the City's jurisdiction
to take appropriate action to abate a public nuisance for disrepair of the bridge or for
any other matter, as authorized by applicable law.
9. To the extent permitted by law, the provisions of this Resolution, including these
' conditions of approval, shall constitute covenants that shall run with the land for the
benefit thereof, and the benefits and burdens of this Resolution and conditions of
approval shall bind and inure to the benefit of the City and ACS and their respective
successors in interest. As used in these conditions of approval, "ACS" shall mean
the owner(s) of the real property on either end of the bridge, adjacent to Ynez Road.
If such property is at any time under the ownership of more than one person, then
the obligations of such owners hereunder shall be joint and several.
Condition 2 (as to execution of the required operating memorandum) shall be completed prior to
recordation. The remaining conditions are long-term in nature and shall apply beyond
recordation.
1028039-1