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HomeMy WebLinkAbout02-291 - Resolutions RESOLUTION NO. 02-291 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE EXTENSION, CONSTRUCTION AND IMPROVEMENTS ALONG 6TH STREET AND SANTA ANITA AVENUE THE CITY OF RANCHO CUCAMONGA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: SECTION 1: The City of Rancho Cucamonga is a municipal corporation, in the County of San Bernardino, State of California. SECTION 2: The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for a permanent street easement in connection with the proposed street extension, construction and improvements along 6th Street and Santa Anita Avenue (the "Project') and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure Section 1230.010 et seq., including but not limited to Sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. SECTION 3: The real property interests sought to be taken are a permanent street easement in connection with the extension, construction and improvements along 6th Street and Santa Anita Avenue, and identified as Assessor's Parcel Numbers 0229-271-22 and 0229- 283-26 in the City of Rancho Cucamonga, County of San Bernardino ("Subject Property Interests'). The legal description of the Subject Property Interests is attached as Exhibit 1" to this Resolution and the Subject Property Interests are depicted on the diagram attached as Exhibit "2" to this Resolution. Both Exhibits are incorporated herein by this reference. The Subject Property Interests are required to facilitate the extension, construction and improvements along 6th Street and Santa Anita Avenue, which is a public use. Resolution No. 02-291 Page 2 of 9 SECTION 4: The proposed Project is consistent with the City's General Plan. The proposed Project would extend 6th Street in an east/west direction from the Day Creek Channel bridge, east of Hyssop Drive to the AT & SF railroad spur line, improving 6th Street in accordance with City "Secondary Arterial" standards. In addition, the proposed Project would extend Santa Anita Avenue northerly from 6th Street, improving Santa Anita to full width in accordance with the City "Industrial Local" standards. These improvements will further the public health and safety by ensuring adequate streets and adequate traffic circulation in the area. Recent and proposed industrial development in the vicinity of the proposed Project makes the construction of the proposed Project necessary. SECTION 5: The potential environmental impacts of the proposed Project were studied and analyzed as an integral part of the Planning Commission's adoption on February 27, 2002 of Resolution No. 02-32, approving Tentative Parcel Map No. 15665 (referred to hereafter as "Tentative Parcel Map"). The street improvements that make up the proposed Project were exacted as a condition to the approval of the Tentative Parcel Map. In accordance with Public Resources Code Sections 21000, et seq. and California Environmental Quality Act ("CEQA") Guidelines Section 15061 and 15315, the City as a responsible agency under CEQA for the Tentative Parcel Map development project determined that the Tentative Parcel Map is exempt from CEQA pursuant to a categorical exemption and the application of that categorical exemptions is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300. Pursuant to Resolution No. 02-32, the Planning Commission determined and resolved that based on the substantial evidence presented to the Commission during the February 27, 2002 public hearing including written and oral staff reports that (1) The proposed Tentative Parcel Map is consistent with the objectives of the General Plan and Development Code; (2) the site of the proposed Tentative Parcel Map development is physically suitable for the proposed future industrial development; and (3) the proposed subdivision will not cause substantial environmental damage or public health problems or have adverse effects on abutting properties. Further, the Planning Commission in Resolution No. 02-32 found that the Tentative Parcel Map is categorically exempt per class 15, Minor Land Divisions pursuant to CEQA Guidelines section 15315 based on the facts and information contained in the staff report dated February 27, 2002, together with all written and oral reports included for the environmental review in connection with the Tentative Parcel Map application. Resolution No. 02-291 Page 3 of 9 Accordingly, based on the findings and conclusions set forth in Resolution No. 02-32, the Planning Commission approved the Tentative Parcel Map, subject to the conditions set forth in the Resolution and in the Standard Conditions attached to Resolution No. 02-32 and incorporated therein. Specifically, the Planning Commission approved the Tentative Parcel Map subject to several conditions, including the following conditions, which make up the proposed Project: a) "Santa Anita Avenue shall be improved full width in accordance with City 'Industrial Local' standards including a.c. pavement, curbs, gutters, 9500 lumens HPSV street lights, traffic signs, and striping as follows: Q "The developer shall acquire off-site rights-of-way for Santa Anita Avenue, north of 6th Street, across the SCE and MWD corridors, prior to final map approval. If the developer is unable to obtain the rights-of-way, the developer may request the City to assist the developer with the acquisition of the off- site property interests, in conjunction with the standard condition regarding condemnation. In the event the developer or the City is not able to acquire the necessary off-site rights-of-way, the final map shall be disapproved per Chapter 4, Article 1, Section 66473 of the Subdivision Map Act. ii) "The proposed Santa Anita Avenue, north of 6th Street, shall be constructed full width to the northerly property line of Parcel 2. Since that exceeds 600 feet in length, the developer will need to provide an emergency access easement from Parcel 1 to Parcel 2, to the satisfaction of the Rancho Cucamonga Fire District and the City Engineer. iii) "Street trees, property line, adjacent sidewalk, and drive approaches shall be installed upon development. b) "Improve 6th Street in accordance with City 'Secondary Arterial' standards including a.c. pavement, curbs, gutters, 9500 lumens HPSV street lights, traffic signs, and striping as follows: I) "Provide 'side by side' left-turn lanes between the two Santa Anita Avenue intersections (100-foot right-of-way: 14 foot eastbound through, 12-foot eastbound through, 12-foot eastbound left-turn, 12- foot westbound left-turn, 12-foot westbound through, 14-foot westbound through curb-to-curb, and 12-foot parkways). Resolution No. 02-291 Page 4of9 ii) "Complete 6th Street to full width from the existing Day Creek Channel Bridge, east of Hyssop Drive to AT&SF railroad spur line. Provide a barricade at the railroad tracks. The developer will receive Transportation Development Fee credit for the middle 38 feet of pavement and required traffic signals. iii) "Street trees, property line, adjacent sidewalk, and drive approaches shall be installed upon development." In reviewing this Resolution of Necessity, City Planning Staff analyzed all of the environmental documentation prepared in connection with Planning Commission Resolution No. 02-32 and the Planning Commission staff report dated February 27, 2002. Pursuant to this review, on October 22, 2002, Planning Staff concluded pursuant to the criteria of CEQA Guidelines Section 15162 and Public Resources Code Section 21166 that no substantial changes have occurred in the Tentative Parcel Map, of which the proposed street improvements are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Tentative Parcel Map and the conditions imposed as part of its approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. SECTION 6: The real property interests sought to be taken run across right of way owned by Southern California Edison, which is used for high tension electrical transmission lines and towers. The Proposed Project will not unreasonably interfere with or impair the continuance of the existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. SECTION 7: The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described on Exhibits "A" and "B" attached hereto is necessary for the proposed project; D. The proposed project will not unreasonably interfere with or impair the continuance of the existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510; and Resolution No. 02-291 Page 5 of 9 E. The offer required by Section 7267.2 of the Government Code was made to the owners of record. SECTION 8: The City has complied with the notice requirements of Code of Civil Procedure Section 1245.235. SECTION 9: The findings and declarations contained in this Resolution are based upon the record before the City Council on November 6, 2002, which includes the Staff Report dated November 6, 2002 and all documents referenced therein, including the environmental documents referenced above, and any testimony, records, and documents produced at the hearing, all of which are incorporated herein by this reference. SECTION 10: The City Council of the City of Rancho Cucamonga hereby authorizes and directs the City Attorney and staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. SECTION 11: This Resolution shall take effect upon adoption. Please see the following page for formal adoption,certification and signatures Resolution No. 02-291 Page 6 of 9 PASSED, APPROVED, AND ADOPTED this 6'h day of November 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None c CCL William J. Alexand ,'Mayor ATTEST: De ra J. Adanj5AMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 6`h day of November 2002. Executed this 7th day of November 2002, at Rancho Cucamonga, California. ) �Q� aotq�� Debra J. Adam , MC, City Clerk Resolution No. 02-291 Page 7 of 9 EXHIBIT"A" PARCEL"A" That portion of the southwest quarter of Section 8, Township 1 South, Range 6 West, San Bernardino Meridian,described as follows: BEGINNING at the northeast comer of Parcel 16 of Parcel Map No. 4749, as shown by map on file in Book 47 of Parcel Maps at pages 28 and 29 thereof, Records of San Bernardino County, California; Thence South 89"53'37"West along the boundary line of said Parcel 16 and along the south line of that certain parcel of land conveyed to Southern California Edison Company by deed recorded February 28, 1961 in Book 5363 at page 108 thereof, Official Records of San Bernardino County, California, a distance of 350.18 feet to the southwest comer of said parcel so conveyed, said comer also being an angle point in the boundary line of said Parcel 16; Thence North 00" 14' 24" East along said parcel so conveyed and along said boundary line,a distance of 989.32 feet to a point hereinafter referred to as Point "A",said point being on the south line of that certain parcel of land conveyed to Southern California Edison Company by deed recorded December 23, 1960 in Book 5312 at page 66 thereof, Official Records of San Bernardino County,California; Thence North 89"48'29" East along said south line, a distance of 66.00 feet to a point on a line parallel with and distant east 66.00 feet, measured at a right angle, from said boundary line of Parcel Map No. 4749 and from the west line of said parcel so conveyed to Southern California Edison as aforesaid and recorded February 28, 1961; Thence South 00' 14'24" West along said parallel line,a distance of 772.60 feet to the beginning of a tangent curve,concave to the west,having a radius of 633.00 feet; Thence southerly along said curve,to the right,through a central angle of 12"50'40", an arc distance of 141.91 feet,the radial line from said point bears North 76°54'56"West; Thence South 33" 02' 39" East, a distance of 33.19 feet to the beginning of a non- tangent carve, concave to the north, having a radius of 813.00 feet, the radial line from said point bears North 13' 16'22"East; Thence easterly along said curve,to the left,through a central angle of 13" 20' 11 an arc distance of 189.24 feet; Thence North 89° 56' 11" East, tangent to said curve, a distance of 94.16 feet to a point on the east line of said parcel so conveyed to Southern California Edison as aforesaid and recorded February 28, 1961; m-rsa.�grscE 1 Albert A. Webb Associates Resolution No. 02-291 Page 8 of 9 Thence South 000 14'07" West along said east line, a distance of 26.20 feet to the POINT OF BEGINNING. Containing 1.68 Acres,more or less. PARCEL"B" BEGINNING at Point "A" hereinabove referred to, said point being on the south line of that certain parcel of land conveyed to Southern California Edison Company by deed recorded December 23, 1960 in Book 5312 at page 66 thereof, Official Records of San Bernardino County,California; Thence North 00" 14'24"East,a distance of 394.54 feet to a point on the north line of said parcel so conveyed; Thence North 89" 54' 06" East along said north line of said parcel so conveyed, a distance of 66.00 feet; Thence South 00" 14' 24" West, a distance of 394.43 feet to a point on said south line of the parcel so conveyed; Thence South 89°48'29" West along said south line,a distance of 66.00 feet to the POINT OF BEGIN IING. Containing 0.60 AC,more or less. ATTACHED HERETO AND MADE A PART HEREOF IS A SKETCH ENTITLED EXHIBIT "B". PREPARED UNDER MY SUPERVISION: LAND S4P z�QJ om�top Matthew E.Webb, L.S. 5529 ate N0. 5529 Prepares by: XP. 9-30-04 (1�L Checked by: �q�i aK- CALl�~P 01-134eg'tscf: 2 Albert A. Webb Associates Resolution No. 02-291 Page 9 of 9 EXHIBIT "B" DEDICATION lalr� CRY Of RANCHO . 4. CEU�AAC ,MONGA FORSTR ARGHWAYS D (RELATED PURPOSESW PLIEZOM TO SOVrhmm Mr. G-70-04 crm.+ ' PA9 0120 firm Ca AHN 0220-27$-22 pr.%ma s PT. 'A' .089'4829£I ---- 1 P.O.B. 1 PAR. B DEDICATION LOT 03 Later 03 CRY OF RANCHO CUCA,MONGA FOR STREETS ANRELATED EDr5 $ ---- PURPOSESS --� PMo Lar 02 o IU L O2 CURVE DATA 0PM 0 R L G� b� LOOT 01 O N89.4029E 65101 QAPQ ® 12MD•40' Si310' 14181' © M3'0239E 3919' �_ 7V ® 1920'11' 813.00' 1®24' "W3W7V7350.10' ® 900'14 W'N 2620'M79'54TNiE 6610' S-21,2991 6580' A L 01 R T A. P.O.B. t B PAR. A WE K K N.E. COR. BB PAR 16 A S SO CIAT E S SECTION 8. TOWNSHIP 1 SOUTH. Tmcmmwo mxu�a.,as RANGE 6 WEST. S. B.M. o. 3 SOUTHERN CALIFORNIA EDISON CO. 4 o THIS PLAT 15 SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. SHEET 1 OF 1 Na. 01-wn C9 I SGd.E:1'=200• c�o BY ons SUBJECT: EASEMENT PLAT