Loading...
HomeMy WebLinkAbout16-19 CC Resolution RESOLUTION NO. 16-19 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (PUBLIC STREET DEDICATION) IN CONNECTION WITH THE INTERSTATE 15 1 STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT, PW04-08 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City of Temecula and the California Department of Transportation (Caltrans) have worked cooperatively on the proposed Interstate 15 1 State Route 79 South Ultimate Interchange Project, PW04-08 ("Project"). The Project would modify the existing interchange to address operational deficiencies and accommodate anticipated local and regional traffic increases. Improvements include reconfiguration of the southbound ramps, widening of the northbound ramps, and widening of State Route 79 ' South. C. In 2009, Caltrans approved the Project through approval of the Project Report on October 8, 2009, approval of the Initial Study with Negative Declaration on June 10, 2009 in accordance with the California Environmental Quality Act, and approval of the Categorical Exclusion on June 10, 2009 in accordance with the National Environmental Policy Act. The Project Report, Initial Study with Negative Declaration and Categorical Exclusion (collectively "Negative Declaration and CE") include the real property commonly known as 44987 Old Town Front Street, Temecula, and identified as Riverside County Assessor's Parcel Numbers ("APN") 922-210-057, 922-210-058 and 922-210-059 ("Property"). As part of subsequent, design-level evaluation it was determined that the Project required the full acquisition of the Property due to impacts on the highest and best use of which the Property was operating. Further environmental analysis was completed for the Project in connection with (i) the Environmental Re-Validation and Addendum to the Negative Declaration and CE dated January 2011 , and (ii) the Environmental Re-Validation and Addendum to the Negative Declaration and CE dated March 2015 (collectively "Environmental Re-Validations and Addendums"). These Environmental Re-Validations and Addendums analyzed modifications to the Project, including routing of utility relocations, acquistion of the entire Property, and addition of crosswalks and ADA ramps at Bedford Court and Temecula Parkway. The City acquired the Property pursuant to the Grant Deed ' recorded on September 11, 2013 as Document Number 2013-0442977 of Official Records of the County of Riverside. Resos 16-19 1 D. The northerly property line of APN 922-210-057, where it abuts Temecula ' Parkway west of Old Town Front Street, is approximately coincident with the back of the existing sidewalk. The proposed public street improvements, drainage, public utilities, and appurtenances for Temecula Parkway that will be constructed as part of the Project require an additional 12 feet of right of way beyond the existing sidewalk/property line. It is in the public interest and necessity for the City to dedicate an approximate 12-foot wide portion of APN 922-210-057 located at the northerly property line including corner cut at the intersection of Temecula Parkway and Old Town Front Street for public street, drainage and public utility purposes to construct the Project, as planned and designed. Section 2. Approval of Declaration of Covenants, Conditions and Restrictions (Public Street Dedication). The City Council of the City of Temecula hereby approves that certain Declaration of Covenants, Conditions and Restrictions (Public Street Dedication) ("Declaration"), with such changes as may be deemed necessary by the City Manager to effectuate the Public Street Dedication as are in substantial conformance with the form of such Declaration on file in the Office of the City Clerk. The Mayor is hereby authorized to execute said Declaration on behalf of the City. A copy of the recorded Declaration shall be placed on file in the Office of the City Clerk. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to ' implement the Public Street Dedication, including executing any other documents necessary or convenient to implement the Public Street Dedication contemplated by the Declaration. Section 4. Environmental Findings. The environmental effects of the Project were studied as an integral part of the Negative Declaration and CE and Environmental Re-Validations and Addendums for the Project. The analysis covered the properties required for the Project as well as the properties surrounding the Project. The analysis also covered the utility relocations through the Property and addition of crosswalks and ADA ramps at Bedford Court and Temecula Parkway. The improvements for the Project in the area comprising the Public Street Dedication were analyzed as an integral part of the Re-Validations and Addendums. The City Council finds that no further environmental review is required pursuant to 14 Cal. Admin. Code §§ 15162 and 15163 of the State CEQA Guidelines because none of the conditions stated therein exist. The construction of the Project within the Public Street Dedication area was included in the Re-Validations and Addendums for the Project, and the Public Street Dedication does not result in any changes in the physicial conditions. The dedication of the Public Street Dedication Area is necessary to construct the Project, as planned and designed. The City Council determines that pursuant to the provisions of CEQA, and specifically 14 Cal. Admin. §§ 15162 and 15163, neither a subsequent nor a supplemental Environmental Impact Report or Negative Declaration is required for the Declaration. ' Section 5. Certification. The City Clerk shall certify the adoption of this Resolution. Resos 16-19 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of March, 2016. Michael S. Naggar, Mayor ATTEST Randi Jo ity Clerk [SEAL] Resos 16-19 3 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 16-19 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of March, 2016, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, McCracken, Rahn, Naggar NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ' Randi Johl, City Clerk Resos 16-19 4