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16_0105104PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTE'D BY: KECIA HARPER -THEM, CLERK OF THE BOARD RIVERSIDE CO. CLERK OF THE BOARD 4080 LEMON STREET, 1 ST FLOOR CAC P O BOX 1147 — RIVERSIDE, CA 92502 MAIL STOP # 1010 AND WHEN RECORDED MAIL TO: RETURN TO: STOP #1010 RIVERSIDE COUNTY CLERK OF THE BOARD P. O. BOX 1147 — RIVERSIDE CA 92502 2016 °0105104 03/17/2016 02:54 PM ** *Customer Copy Label * ** The paper to which this label is affixed has not been compared with the filed /recorded document Peter Aldana County Of Riverside Assessor— County Clerk— Recorder THIS SPACE FOR RECORDERS USE ONLY RESOLUTION NO. 2016 -034 Title of Document A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND SUMMARILY VACATING THE RIGHT TO ACCEPT AN UNNAMED ALLEY IN THE CORONITA AREA IN SUPPORT OF THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT (AB 14006) (SECOND SUPERVISORIAL DISTRICT) (Transportation Department — Item 2 -5 of 03/15/16) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE C FOR RECORDING INFORMATION r l" I 2 3 4 5 6 7 8 9 10 Board of Supervisors County of Riverside RESOLUTION NO. 2016 -034 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND SUMMARILY VACATING THE RIGHT TO ACCEPT AN UNNAMED ALLEY IN THE CORONITA AREA IN SUPPORT OF THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT (AB14006) (Second Supervisorial District) 12 13 14 15 16 �w w � p7 U) rn 18 WHEREAS, on June 5, 2012, the County of Riverside (County), entered into a cooperative agreement with Riverside County Transportation Commission (ROTC) for State Route 91 Express Lanes and Corridor Improvements; and WHEREAS, the California Department of Transportation (Caltrans) is the lead agency for the State Route 91 Corridor Improvement Project (SR -91 CIP or the Project) under both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA); and WHEREAS, in compliance with the Public Resources Code, Caltrans prepared a Draft Environmental Impact Report/Environmental Impact Statement (Draft EIR/EIS) to analyze the potential environmental effects of the Project; and WHEREAS, Caltrans solicited comments, including details about the scope and content of the 25 26 27 28 environmental information, as well as potential feasible mitigation measures, from responsible agencies, trustee agencies, and the public, in a Notice of Preparation (NOP) for the EIR for the Project that was filed on July 15, 2008 and circulated for a period of 30 days pursuant to CEQA Guidelines sections 15082(a) and 15375; and 03.15.16 2 -5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ffil WHEREAS, approximately 20 written comments letters were received by Caltrans in response to the NOP, which assisted Caltrans in expanding the issues and alternatives for analysis in the Draft EIR/EIS;and WHEREAS, pursuant to Public Resources Code section 21083.9 and CEQA Guidelines sections 15082(a) and 15083, Caltrans held a public seeping meeting on July 29, 2008, to solicit public comments on the Draft EIR/EIS for the Project; and WHEREAS, the Notice of Completion (NOC) of the Draft EIR/EIS was filed by Caltrans with the State Office of Planning and Research (OPR) on May 19, 2011 and was posted by OPR on May 20, 2011, which initiated a 45 -day comment period extending to July 5, 2011; and WHEREAS, Caltrans filed the NOC with the County Clerks in Orange and Riverside Counties on May 19, 2011; and WHEREAS, Caltrans published a Notice of Availability (NOA) under NEPA in the Federal Register on May 26, 2011, for a public review period extending to July 11, 2011; and WHEREAS, pursuant to Public Resources Code section 21092, Caltrans also provide an NOC and NOA to all organizations and individuals who had previously requested such notice; and WHEREAS, Caltrans published a "Draft EIR/EIS Available for SR -91" notice on May 20, 2011, in the Orange County Register, the Press - Enterprise, and the Inland Valley Bulletin, newspapers of general circulation in the Project area, and La Prensa, a Spanish language newspaper of general circulation in the Project area indicating the public review period would be extended to July 5, 2011; and WHEREAS, Caltrans published a second "Draft EIR/EIS Available for SR -91" notice on June 2, and June 3, 2011, in the Orange County Register, the Press - Enterprise, the Inland Valley Bulletin, and La Prensa, indicating the public review period would be extended to July 11, 2011; and WHEREAS, during the 51 -day comment period from May 20, 2011 to July 11, 2011, Caltrans consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and other interested parties pursuant to CEQA Guidelines section 15086; and WHEREAS, all potentially significant adverse environmental impacts of the Project were sufficiently analyzed in the Draft EIR/EIS; and 2 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, during the official public review period for the Draft EIR/EIS, Caltrans received 110 written comment letters and comment cards; and WHEREAS, pursuant to CEQA Guidelines sections 15088 and 15089, Caltrans prepared and completed the Final EIR/EIS, which consists of written responses to all comment letters received by Caltrans during the official public review period and revisions to the Draft EIR/EIS; and WHEREAS, pursuant to Public Resources Code section 21092.5, Caltrans provided copies of the written responses to all commenting public agencies; and WHEREAS, the Final EIR/EIS consists of the Final EIIUEIS and the Draft EIR/EIS (as modified by the Final EIR); and WHEREAS, in its role as lead agency, Caltrans approved the Project on August 8, 2012, and filed and posted a Notice of Determination (NOD) on or about August 16, 2012; and WHEREAS, all requirements of CEQA were satisfied in the Final EIR/EIS, which is sufficiently detailed so that all the potentially significant environmental effects of the Project, as well as feasible mitigation measures and a range of potentially feasible alternatives capable of eliminating or reducing those effects, have been adequately evaluated; and WHEREAS, RCTC is a responsible agency under CEQA for the funding and implementation of the Project; and WHEREAS, RCTC adopted Resolution No. 12 -028 on November 14, 2012, considering the Final EIR/EIS, adopting responsible agency findings pursuant to CEQA, adopting a mitigation and monitoring reporting program, adopting a statement of overriding considerations, and approving the Project; and WHEREAS, RCTC Resolution No. 12 -028 is incorporated herein by reference; and WHEREAS, the County has been asked to issue certain limited approvals for the Project, specifically including Summarily Vacating the Right to Accept an Unnamed Alley in the Coronita Area in support of the Project as depicted on the Exhibit (plat) attached hereto; and WHEREAS, the County has more limited approval and implementing authority over the Project and thus serves only as a responsible agency for the Project pursuant to the requirements of CEQA; and WHEREAS, all the aforementioned federal and state environmental documents and associated materials, including the Final EIR/EIS, Mitigation Monitoring and Reporting Program, supporting 3 documentation, hereinafter collectively be referred to as the "Documents ", and the Documents taken 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 together, thoroughly address the environmental effects of the County's limited implementation of the Project, namely Summarily Vacating the Right to Accept an Unnamed Alley; and WHEREAS, pursuant to CEQA, the County is acting as a responsible agency for considering the Documents determined to be adequate and adopted by Caltrans; and WHEREAS, Summarily Vacating the Right to Accept an Unnamed Alley is a project within the SR -91 CIP and was analyzed in the Documents; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; WHEREAS, the Unnamed Alley, lying between Ridgeview Terrace and Frontage Road shown on Parcel Map 4691, filed in Book 7, Page 77, Records of Riverside County, California, and said Unnamed Alley was dedicated but not accepted by Declaration of Dedication recorded June 1, 1964, filed in Book 3709, Page 239, Official Records of Riverside County, California, and; WHEREAS, applicable procedures pertaining to summary vacations were followed pursuant to the County's adopted "Resolutions for Fixing Procedures to Vacate and Accept County Highways and Property Offered for Dedication "; NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by the Board of Supervisors of the County of Riverside ( "Board "), assembled in regular session on March 15, 2016 at or after 9:00 a.m., in the meeting room of the Board of Supervisors located on the I" floor of the County Administrative Center, 4080 Lemon Street, Riverside, California, based upon the evidence and testimony presented on the matter, both written and oral, including the Documents, as it relates to Summarily Vacating the Right to Accept an Unnamed Alley for the Project, that: 1. Pursuant to Section 8334(a) of the Streets and Highways Code that said Unnamed Alley is excess and is no longer required for public street or highway purposes, and the right to accept this portion is hereby summarily vacated. 2. This unnamed alley is unnecessary for present or prospective public use, including use as a non - motorized transportation facility. SEE PLA "f ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF; 4 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXCEPTING AND RESERVING from the vacation an easement for any existing public utilities and public service facilities, together with the right to maintain, operate, replace, remove or renew such facilities, pursuant to Section 8340 of the Streets and Highways Code. 3. Incorporation of Recitals The above recitals constitute findings of the Board with respect to the Project and are incorporated herein. 4. Consideration of the Final EIR/EIS and Adoption of Findings Regarding CEQA Compliance As the decision - making body for the County, and in the County's limited role as a responsible agency under CEQA, the County has received, reviewed, and considered the information contained in the Documents for the Project. Summarily Vacating the Right to Accept an Unnamed Alley for the Project is within the scope of the Documents, and taken together, the environmental effects of the Project have been adequately addressed in the Documents. Based on this review, the County finds that, as to those potential environmental impacts within the County's powers and authorities as responsible agency, that the Documents for the Project contains a complete, objective, and accurate reporting of those potential impacts and reflects the independent judgment and analysis of the County. 5. CEQA Findings on Environmental Impacts In its limited role as a responsible agency under CEQA, the County finds that there are no feasible alternatives or feasible mitigation measures in its powers that would avoid or substantially lessen the Project's potentially significant environmental impacts but still achieve most of the Project's objectives. The County further finds that the mitigation measures imposed by the lead agency are sufficient to reduce potentially significant impacts to a level of less than significant except as described in the Documents. As such, the County concurs with the environmental findings adopted by Caltrans as lead agency and RCTC as another responsible agency, which can be found in the Office of the Riverside County Transportation Department located at 3525 14`' Street, Riverside, CA 92501 and therefore the County adopts those findings as its own and incorporates them herein. 6. Mitigation Monitoring and Reporting Program When considering alternatives and mitigation measures, a responsible agency is more limited than a lead agency. A responsible agency has responsibility for mitigating or avoiding only the direct or indirect environmental effects of those parts of the project that it decides to carry out, finance, or approve. Here, the County is responsible for Summarily 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Nil Vacating the Right to Accept an Unnamed Alley. Specifically, RCTC is in the process of acquiring the underlying fee title to the Unnamed Easement area and will be incorporating this area into the project and a soundwall will be built by the Project. Since the County has no jurisdiction or authority to construct the soundwall there are no identified mitigation measures for which the County is responsible. The County has reviewed the Mitigation Monitoring and Reporting Program (MMRP) as it relates to Summarily Vacating the Right to Accept an Unnamed Alley for the Project which was prepared for the Project and approved by the lead agency, which is attached to the written findings adopted by Caltrans as the lead agency and ROTC as another responsible agency which can be found in the Office of the Riverside County Transportation Department located at 3525 14` Street, Riverside, CA 92501. 7. Adoption of Statement of Overridinp Considerations. The County declares that pursuant to CEQA Guidelines section 15093, the County has balanced the benefits of the Project against any unavoidable environmental impacts in determining whether to approve its limited portion of the Project, namely, Summarily Vacating the Right to Accept an Unnamed Alley. If the benefits of the Project outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." The County declares that the Final EIR/EIS prepared by Caltrans for the Project has identified and discussed significant effects which may occur as a result of the Project. With the implementation of existing regulations, and Compensatory Mitigation, Mitigation Measures, and other Conditions discussed in the Final EIR/EIS and included in the MMRP, the environmental effects of the Project can be mitigated to less than significant levels, except for unavoidable significant impacts related to: a. Long -term traffic related noise. b. Permanent impacts to 0.02 acres of oak woodland habitat c. Cumulative impacts related to the human environment (conversion of farmlands to nonagricultural uses; community character and cohesion and property acquisition; traffic during construction; and visual and aesthetic resources), the physical environment (water quality and storm water runoff, paleontological resources, air quality during construction, and noise during operations), and the biological environment (natural communities, plant species, animal species, wetlands and other waters of the United States, threatened and endangered species, and invasive species) ri 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 W.2 d. Resulting adverse effects on human beings as a result of the cumulative impacts on the human, physical, and biological environment. Although extensive measures addressing these effects of the Project on the environment are provided in the Final EIR/EIS,those measures are not sufficient to avoid or reduce the Project effects described above to below a level of significance under CEQA (Caltrans Statement of Overriding Considerations, page 1, and Section 4.2.5, page 4 -41, in the Final EIR/EIS). The County, as a responsible agency, declares that Caltrans, as lead agency, has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts listed above. To the extent any mitigation measures could not be incorporated, such mitigation measures are infeasible because of specific economic, legal, social, technological, and other considerations and the benefits of the Project outweigh the unmitigated impacts. The County finds that improvements on State Route 91 are necessary to address existing and projected deficiencies regarding mobility, access, goods movement and freeway capacity on the project segment of State Route 91, which is the only major highway that links Riverside and Orange counties. The Project is intended to achieve the following specific objectives: a. Improve the vehicle, person, and goods movement within the SR -91 corridor to more efficiently serve existing and future travel demand between and within Riverside and Orange counties. b. Provide improvements along the SR -91 and I -15 transportation corridors as well as to related local roads, and to reduce diversion of regional traffic from the freeways into the surrounding communities. Caltrans and RCTC, have previously identified the following benefits of the Project compared to the No Build Alternative which meet the project objectives, and which override the unavoidable significant adverse environmental impacts of the Project: a. Improved travel times and speeds compared to the No Build Alternative b. Improved safety compared to the No Build Alternative C. Correction of existing roadway operational deficiencies compared to the No Build Alternative 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 d. Support of existing, approved and planned land uses compared to the No Build Alternative C. Improved system linkages and regional goods movement compared to the No Build Alternative f Air Quality improvements compared to the No Build Alternative These benefits listed above are discussed in more detail in Caltrans Statement of Overriding Considerations and RCTC's Resolution 12 -028, incorporated herein by reference, and are also found by the County to be benefits of the Project that override the unavoidable significant adverse environmental impacts of the Project. BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that, as required by State I CEQA Guidelines section 15096 and in its limited role as responsible agency under CEQA, the Board hereby Summarily Vacates the Right to Accept an Unnamed Alley in the Coronita Area for the Project. BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that the Board hereby directs the Clerk of the Board to file a Notice of Determination with the Riverside County Clerk and also with the Governor's Office of Planning and Research within five (5) working days of the approval of the Project. BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that the documents and materials that constitute the record of proceedings on which these findings are based are located at the I offices of the Clerk of the Board of Supervisors for the County at 4080 Lemon St., I" Floor, Riverside, CA 92501 and the County Transportation Office, 3525 14` Street, Riverside, CA 92501. BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that the Clerk of the Board shall sign this Resolution to attest and certify to the passage and adoption thereof and to cause a certified I copy of this resolution to be recorded in the Office of the Recorder of the County of Riverside, California. ROLL CALL: Ayes: Jeffries, Tavaglione, Washington, Benoit and Ashley Nays: None Absent: None The foregoing is certified to be a true copy of a resolution duly adopted by said Board of Supervisors on the date therein set forth. KECI HARPER -IHEM, Cler n ot said Board By �V g Dep t 03.15.16 2 -5 EXHIBIT " A " WARDLOW ROAD Vacation of the Right to Accept T J II an Unnamed Alley in the Coronita Area A . . , .S. SECTION 27,28 T 3S, R. 7W S.B.M. PM 4691 STATE H1GHiVAY g1 PM 7/77 Parcell - - -- - - 7 - - - -- _�— _- FRONTAGE ROAD PM 18618 PM 114(92 -93 /Parr.P1 1 I o— M _ rarcel z rm 5c5a UN NAMED PM 1 I 2/51 Parcel 3 ALLEY 2 <v RiOGF� /F,. l m \ BOG i -Area of Vacation 20' I Q co o" T - 1 4- Unnamed Alley, Dedicated, Not Accepted, i Per Declaration of Dedication.' Recorded 6/1/1964 Inst_# 671 SHEET 1 OF 1 PETER ALDANA [recorder P.O. Box 751 — EF} FFNT- Y- OT- RI- V- TsRSt;DE-- -- - - - - -- a"�P��d e.�A32�42-0 ASSESSOR - COUNTY CLERK- RECORDER (951) 486 -7000 w. vw.nversideacrxoai CERTIFICATION Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the following is a true copy of illegible wording found in the attached document: (Print or type the page numbers) and wording below C , FJ iCATION O = S -A,i fcr fs';e reside �cln r oa�d of Su?ernsors (-_ bs z=ed on S UP Date: Signature: Print Name: Karen Barto Board Assistant, Riverside Co unty Clerk of the Board ACR 601 (Rev. 09/2005) Available in Alternate Formats