CITY OF MENIFEE
SUBJECT: Resolution of Necessity Authorizing the Condemnation of Property for Right-of-Way Purposes on McCall Boulevard
MEETING DATE: October 7, 2026
TO: Mayor and City Council
PREPARED BY: Steven E. Strapac, Assistant City Engineer/City Surveyor REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Adopt a resolution finding and determining that the public interest and necessity require the acquisition of a portion of real property known as Assessor’s Parcel Numbers (APN) 344-120- 007 and 344-120-008, on the vacant land on the north side of McCall Boulevard, east of Chatham Lane and west of Antelope Road, to widen the roadway, relocate utilities and modify traffic signals.
DISCUSSION
Background
McCall Boulevard is identified in the City’s General Plan as ultimately being an urban arterial sixlane major roadway, with a raised median. The street currently exists as a four-lane roadway. As part of the conditions of approval of development, the Menifee Valley Project is required to complete the McCall Boulevard Improvement Project, which consists of widening McCall Boulevard to add additional lanes, modifying traffic signals, and relocating and modernizing certain utilities (Project).
In addition to the Menifee Valley Project, several future projects are in various stages of the development review and construction process that will contribute to future traffic along this corridor. These projects include the Menifee Commerce Center project, located south of Ethanac Road, east of Sherman Road, and north of a major existing Southern California Edison easement, and the Legado Residential Development, located near the intersection of McCall Boulevard and Sherman Road.
The conditioned road widening by the Project requires the acquisition of additional public right-ofway (ROW) from APNs 344-120-007 and 344-120-008, located on the north side of McCall City of Menifee Staff Report
Resolution of Necessity (APNs 344-120-007 and 344-120-008) October 7, 2026
Boulevard on vacant land, east of Chatham Lane and west of Antelope Road, Menifee, CA (Property). The ROW is needed, specifically a 2,300 square foot permanent easement, to accommodate the roadway, utility relocation, and traffic signal improvements that facilitate the Project improvements. The Project also requires an 8,564 square foot temporary construction easement to allow space for construction activities necessary for the Project.
Pursuant to applicable requirements of law, the City has appraised the property interests it seeks to acquire from the Property. Following receipt and review of the respective appraisal information, offer letters were sent to the respective property owners, pursuant to Government Code section 7267.2.
Staff have attempted to negotiate with the Property owners but have not been able to secure a final agreement for the transfer of the required property interests by way of a negotiated agreement.
The proposed resolution would allow the City to proceed with eminent domain processes to acquire the necessary property interests. It is important to note that staff will continue to pursue discussions with the Property owners, in an attempt to reach mutually agreeable terms for the property interests even if the resolution of necessity is adopted.
Analysis
The proposed resolution is a resolution of necessity under California Code of Civil Procedure sections 1245.210, et seq. Such a resolution must be considered and approved by the legislative body prior to any exercise of eminent domain to acquire property. The resolution must be passed by a two-thirds majority, or four affirmative votes of the members of the City Council.
The California Eminent Domain Law provides the findings that must be made in a resolution of necessity. These are:
1. That the public interest and necessity require the project for which the property is proposed to be acquired;
2. That the project is planned in a manner that will create the greatest public good and the least private injury;
3. That the property proposed to be acquired is necessary for the project; and
4. That the offer required by Government Code section 7267.2 has been made to the owner of record.
In addition, the City Council is being asked to make the finding that the City has met all other procedural prerequisites for the exercise of eminent domain on the Property, including a determination that the Project was reviewed under applicable environmental review procedures.
The amount of compensation due to the Property interests involved is not a subject of the resolution of necessity, and therefore not before the City Council as an issue to be considered as part of this resolution.
City of Menifee Staff Report
Resolution of Necessity (APNs 344-120-007 and 344-120-008) October 7, 2026
The Property owners, and/or their representative, have a right to appear and be heard on the matters encompassed within the resolution affecting their Property. As required by the California Eminent Domain Law, the Property owners were given notice of the City’s consideration of the resolution of necessity and notified of their opportunity to appear and be heard on whether the City has undertaken all required steps and met all procedural prerequisites to the exercise of eminent domain to acquire the Property interests proposed to be taken. As of the date of writing this report, the property owners have not contacted the City to request to be heard at the meeting.
The facts supporting the various findings included within the resolution of necessity are recited in more detail in the text of the resolution itself. Generally, the public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the improvement of McCall Boulevard in the manner contemplated by the Project. The Project is designed to relieve regional traffic congestion, improve traffic flow, and improve safety for the current and future residents and businesses within the Project region. The Project is located in a manner most compatible with the greatest public good and least private injury, in that it requires only minor acquisitions of permanent easements and temporary construction easements that are necessary to accommodate road widening, utility relocations, and traffic signal improvements.
The Property to be taken for the Project is necessitated by the widening of McCall Boulevard, as part of the impacts from the Menifee Valley Project.
The Project is designed in a manner compatible with the greatest public good, in that the Project will enhance connectivity between Menifee Road and Interstate 215, as the proposed improvements will enable traffic to transition more efficiently and reduce traffic congestion through road widening and increased lane counts. In addition, the Project will also relocate and modernize certain utilities and traffic signals. This will enhance the utility of the area and help improve traffic circulation and safety. The Property is necessary for the proposed Project in order to mitigate the impacts of traffic in the area.
The environmental effects of the Project were studied and analyzed as an integral part of the environmental review for the Menifee Valley Project. The City of Menifee was the lead agency for this environmental review under the California Environmental Quality Act (CEQA).
The City publicly noticed its decision to prepare an Environmental Impact Report (EIR) and hold a public scoping meeting for the Menifee Valley Project by noticing the California Governor’s Office of Planning and Research and distributed the Notice of Preparation (NOP) to various agencies and surrounding property owners and residents in accordance with CEQA requirements.
The NOP comment period was from March 10, 2022 to April 8, 2022. On March 29, 2022, the City held a duly noticed public scoping meeting at the Menifee City Hall regarding the preparation of the EIR and provided an opportunity for members of the public to comment on the scope of environmental issues to be addressed in the EIR. The City prepared a final EIR, consisting of all the comment letters received during the 45-day public review and comment period on the draft EIR, written responses to those comments, and revisions and errata to the draft EIR.
On February 21, 2024, the City Council adopted Resolution No. 24-1397, making the findings necessary to adopt the Finding of Facts, Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program, approve certifying the Environmental Impact Report, and directing staff to file a Notice of Determination in compliance with CEQA.
City of Menifee Staff Report
Resolution of Necessity (APNs 344-120-007 and 344-120-008) October 7, 2026
In adopting Resolution No. 24-1397, the City Council found that the benefits of the Project outweigh the unavoidable environmental impacts and render acceptable each of the unavoidable adverse environmental impacts. These benefits, as described in the Findings of Fact and Statement of Overriding Consideration, include that the Project is consistent with and will contribute to achieving the goals and objectives established by the General Plan, will attract businesses that can expedite the delivery of essential goods to consumers and businesses in Menifee and beyond the City boundary, and will provide improved infrastructure that will enhance the quality of life for the City’s residents by linking land use, transportation, and infrastructure development.
On February 4, 2026, the City Council adopted an Addendum to the Final Environmental Impact Report for the Menifee Valley Project. The Addendum was required by the California Department of Fish and Wildlife to elaborate on and analyze record information on potential impacts to the Crotch’s bumble bee. A Notice of Determination was subsequently filed in compliance with CEQA.
The City Council has the option of either passing or refusing to pass the proposed resolution. If the resolution is passed, City Staff and Special Counsel will proceed to initiate eminent domain proceedings, which ultimately would lead to a determination of the fair market value of the property interests proposed to be taken through court proceedings. If the City Council does not pass the resolution, the City can either (i) commit to acquiring the identified right of way from the property owners only by negotiated acquisition, (ii) decide not to implement the Project, or (iii) provide alternative direction to Staff.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no additional fiscal impact associated with this action. All costs associated with the eminent domain process, or any property purchase to support the Project, would be borne entirely by the developer. The developer would deposit funds with the City as the public agency exercising its legal authority to acquire private property for public use. The eminent domain proceedings are ultimately expected to lead to a determination of the fair market value of the property interests proposed to be taken. Notably, however, the City had the Property appraised for purposes of its Government Code section 7267.2 offer. The City’s independent appraisal valued the permanent easement at $805.00, and a temporary construction easement cost for a period of twelve months at $13,874.00, for a rounded total of $14,700.00, as of February 13, 2026. Additional costs would be incurred in legal fees, appraisal fees, and court costs relating to the initiation of eminent domain proceedings if the Resolution is approved and the matter proceeds to court.
ATTACHMENTS
1. Project Area Aerial
2. Resolution
3. Notice of Public Hearing
4. Offer for Acquisition by City of Menifee