HomeMy WebLinkAbout1993/07/14 - Agenda Packet CITY OF RANCHO CUCAMONGA
HISTORIC PRESERVATION COMMISSION
AGENDA
WEDNESDAY JULY 14 , 1993 7 : 00 P.M.
RANCHO CUCAMONGA CIVIC CENTER
COUNCIL CHAMBER
10500 CIVIC CENTER DRIVE
RANCHO CUCAMONGA, CALIFORNIA
I. Pledge of Allegiance
II. Roll Call
Commissioner Chitiea Commissioner Tolstoy
Commissioner McNiel Commissioner Vallette
Commissioner Melcher
III. Announcements
IV. Public Hearings
The following items are public hearings in which
concerned individuals may voice their opinion of
the related project. Please wait to be recognized
by the Chairman and address the Commission by
stating your name and address. All such opinions
shall be limited to 5 minutes per individual for
each project. Please sign in after speaking.
A. HISTORIC POINT OF INTEREST DESIGNATION 93-02 -
CITY OF RANCHO CUCAMONGA - A proposal to
designate the site of the C. N. Ross House, a
recently demolished potential local landmark
house which was located at the southeast corner
of Etiwanda and Highland Avenues, a Point of
Historic Interest and establish potential
future environmental mitigation measures -
APN: 227-051-03 .
V. Public Comments
This is the time and place for the general public
to address the Commission. Items to be discussed
here are those which do not already appear on this
agenda.
VI. Commission Business
VII. Adjournment
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: July 14, 1993 r<
TO: Chairman and Members of the Historic Preservation Commission
FROM: Brad Buller, City Planner
BY: Anthea M. Hartig, Associate Planner
SUBJECT: POINT OF INTEREST DESIGNATION 93-02 - CITY OF RANCHO
CUCAMONGA - A proposal to designate the site of the C.N. Ross
House, a recently demolished potential local landmark house
which was located at the southeast corner of Etiwanda and
Highland Avenues, Rancho Cucamonga, as a Point of Historic
Interest - APN: 227-051-03.
BACW.ROUND: At the last meeting of the former Historic Preservation
Commission, this application was initiated by the Commission. The
subject site was previously reviewed by Caltrans historians during their
Historic Resources Survey for the Route 30 Corridor. This previous
study identified the Ross family's home as an important element in the
historic core of the Etiwanda Community (please see Exhibit "HPC-1,"
Historic Resources Survey Form). Although deemed ineligible for the
National Register of Historic Places by the State historians, the
previous Commission and staff found ample evidence to identify the
building as a Potential Local Landmark, as will be discussed below.
The demolition of the C.N. Ross House occurred in June of this year.
The Building Official, using powers defined in the Uniform Code for the
Abatement of Dangerous Buildings, declared in April of this year that
the abandoned house on the southeast corner of Etiwanda and Highland
Avenues had deteriorated to an extent that classified it as dangerous.
The C.N. Ross House is listed as a Potential Local Landmark on the
City's Historic Resources Survey and therefore the Commission determined
that though the house has been demolished, it was still appropriate to
consider an Historic Point of Interest Designation.
SITE LOCATION AND DESCRIPTION:
A. Location and Description: The 10-acre site is located on the
southeast corner of Etiwanda and Highland Avenues. Square-shaped,
the site lacks its original context, a citrus grove, but still
retains most of the Eucalyptus windrows that historically defined
the site.
B. Site Land Use, Zoning, Etiwanda Specific Plan Designations: Per the
Etiwanda Specific Plan, the site's land use is designated Very Low
Residential (0-2 dwelling units per acre) .
J
ITEM A
HPC STAFF REPORT
POI 93-02 - CITY OF R. C.
July 14, 1993
Page 2
C. Surrounding Land Use, Zoning, Etiwanda Specific Plan Designations:
Directly to the north of the site lies the Route 30 corridor right-
of-way, while land to the south and east are also designated Very
Low Residential. To the west lies an existing residential tract
with an underlying land use designation of Low Residential (2-4
dwelling units per acre).
D. Physical Description: The house was a large, two-story building
with a medium hip roof; very similar in design, scale, and age with
its neighbor to the east, the Kemp House (Map Reference No. 41) .
Although no date of construction could be obtained, the house
appeared to have been built just after the turn of the century. The
roof had triangular attic vents on the east and west slopes, and two
"cast stone" concrete block chimneys were placed near the crest; a
third chimney of similar material was on the rear slope of the
roof. The eaves were open, with projecting rafter ends. The house
was sheathed in 2-lap drop siding, and had a slated bay with three
windows on the ground floor of the south elevation. The house had a
symmetrical facade, with the second story consisting of a central
pair of double hung windows, which appear to have provided access to
the upper level porch, flanked by two sets of double-hung windows
with simple surrounds. The main entrance is centered in the lower
level, with the doorway flanked by single, wide 1/1 double-hung
windows. The major alteration was the loss of an impressive, full-
width front porch, which covered the ground floor and had an
encircling railing possibly creating a balcony above. It was
supported by four turned posts, had no railing on the lower level,
and was accessed by single steps in the center and on the sides. It
had been replaced by three hipped canopies over the front windows
and door. At the rear, a one-story addition projected eastward;
with a low gable roof which was made prior to 1936 (according to an
aerial photo taken that year) . Other alterations included the loss
of historic outbuildings and the removal of the surrounding citrus
grove. There are no other features on the property except the
eucalyptus windbreaks.
ANALYSIS:
A. Significance:
Historical and Cultural - San Bernardino County records show that
Charles N. Ross, a local citrus grower, first possessed ownership of
the property on the southeast corner of Etiwanda and. Highland
Avenues in 1895. Ross was one of the Etiwanda Colony's earliest
settlers, as records indicate he owned ten acres of vines and trees
in 1883. He apparently constructed the now demolished home for his
family shortly after the turn of the century. By 1908, he was
president of the Etiwanda Citrus Association; two years later, he
was serving as Vice-President of the organization, now renamed the
Etiwanda Citrus Fruit Growers Association. By 1914, he was
President of the Etiwanda Foothill Citrus Association. He appears
A --?
HPC STAFF REPORT
POI 93-02 - CITY OF R. C.
July 14, 1993
Page 3
to have been a major citrus grower in the community, having owned
several 10-acre parcels; county records show assessments in the
three and four thousand dollar range for his orchards from 1917 to
1923. It is likely he built his large home from the proceeds of his
early successes in the citrus industry. The property remained in
his ownership until 1925, when it was transferred to Harold B. Ross
and other members of the family. In 1936, it became the property of
Stella A. Carter, who appears to have been a member of the family,
possibly a daughter. She was still shown as the owner in 1948.
Architectural - The house was the home of a prominent local citrus
grower and his family. C. Newton Ross appears to have made notable
contributions to local history, especially with regards to the
citrus industry. The house, however, had been altered from his
period of association with it, having lost a major character-
defining element, the large, elegant front porch. Its replacement
by three triangular canopies over the ground floor windows and doors
further detract from the appearance as Ross would have known the
house. Also, an unattractive rear addition had been made, and the
historic outbuildings and groves associated with the property's
significance as a citrus ranch were removed.
Issues - The unfortunate demolition of the Ross House occurred after
the property owners allowed the building to deteriorate to a state
where it represented a danger to the public, according to the
Building Official. As per the Commission and City's policy, Point
of Interest designation can recommend that certain measures be
enacted at the time of development in order to mitigate the loss of
this recognized historic resource.
B. _Environmental Assessment - Point of Interest Designation: Historic
designations are exempt under CEQA per Article 19, Section 15308.
C. Environmental Assessment - Demolition: Possible mitigations that
could be required of a future development project on the Ross House
site include:
1. Reconstruction of the house per recent documentation and
historic written and photographic sources.
2. Contribution of monies toward City preservation projects, i.e.,
the Chaffey-Garcia Barn.
3. Commemoration of the history of the site through an integral
public art program that would include both visual and verbal
interpretation.
4. Commission of a number of oral histories (under five) focusing
on the Ross House site and the citrus heritage of the Etiwanda
community.
HPC STAFF REPORT
POI 93-02 - CITY OF R. C.
July 14, 1993
Page 4
FACTS FOR FINDINGS: Per Section 2.24.090 of the City's Historic
Preservation Commission Ordinance (Ord. 70), the following findings are
made in support of this designation recommendation:
A. Historical and Cultural Significance:
Finding: 1. The proposed Point of Interest is particularly
representative of an historic period, type, style, region, or way of
life.
Fact/s: The Charles N. Ross House stood as an important reminder of
the early citrus growing era of Etiwanda's history.
Finding: 2. The proposed Point of Interest is an example of a type
of building which was once common but is now rare.
Fact/s: As a grove house once surrounded by acres of citrus trees,
the Ross House represented one of a handful of such homes still in
existence.
Finding: 3. The proposed Point of Interest was connected with
someone renowned or important or a local personality.
Fact/s: Charles Ross came to Etiwanda early in its settlement,
arriving in 1883, only one year after the Chaffey brothers
established the colony. An active grower in and promoter of the
citrus industry, Ross owned several 10-acre parcels and was a key
participant in the growth of the community. His family and
descendants continued to live and work in the community into the
1950x.
Finding: 4. The proposed Point of Interest is connected with a
business or use which was once common but is now rare.
Fact/s: The citrus industry played a critical role in the formation
and growth of the Etiwanda Community. The industry's presence has
declined dramatically in the past forty years.
RECOMMENDATION: Staff recommends that the Commission forward its
approval to the City Council to designate the Ross House as an Historic
Point of Interest and to record for future environmental assessment of a
project on that site the following potential mitigations caused by the
neglect and eventual demolition of the Ross House:
1. Reconstruction of the house per recent documentation and
historic written and photographic sources.
2. Contribution of monies toward City preservation projects, i.e.,
the Chaffey-Garcia Barn.
A
HPC STAFF REPORT
POI 93-02 - CITY OF R. C.
July 14, 1993
Page 5
3. Commemoration the history of the site through an integral
public art program that would include both visual and verbal
interpretation.
4. Commission of a number of oral histories (under five) focusing
on the Ross House site and the citrus heritage of the Etiwanda
community.
Respectful ubmitt ,
Brad Bul r
City Planner
BB:AMH/jfs
Attachments: Exhibit "HPC-1" - State Historic Resources Survey Form
Exhibit "HPC-2" - Photographs
Exhibit "HPC-3" - Site Plan
Resolution of Approval
DEPARTMENT OF TRANSPORTATION
CALIFORNIA DEP TION
ARCHITECTURAL INVENTORY/EVALUATION FORM MAP REFERENCE NO. 40
County-Route-Postmile: SBd 30 0.0/22.8 ( ) LISTED ( ) DETERMINED ELIGIBLE
( ) APPEARS ELIGIBLE ( x ) APPEARS INELIGIBLE
IDENTIFICATION
1.Common Name: Carter House
2.Hlstoric Name: C. N. Ross House L
3.Strest or rural address: 6527 Etiwanda Avenue
City: Rancho Cucamonga (Etiwanda) Zip Code: 91739 County: San Bernardino
4.13arcel Number: 227-051-03 Present Owner: Daniel Massagli
Address: P. O. Box 245 City: Rancho Cucamonga Zip Codi 91730
S.Ownership Is: ( ) Public ( x ) Private
6.Present Use: Residential Original Use: Residential
DESCRIPTION
7a.Archltectural Style: Colonial RevivaVFoursquare"
7b.Brfefly describe the present PHYSICAL CONDITION of the alto or structure and describe any major
alterations from Its original condition:
The house is a large, two-story building with a medium hip roof; it is very similar in design, scale and age with its
neighbor to the east, the Kemp house[Map Reference No. 411. Although no date of construction could be obtained,
the house appears to have been built just after the tum of the century. The roof has triangular attic vents on the
east and west slopes, and two "cast stone"concrete block chimneys are placed near the crest; a third chimney of
similar material is on the rear slope of the roof. The eaves are open, with projecting rafter ends. The house is
sheathed in 2-lap drop siding, and has a slanted bay with three windows on the ground floor of the south elevation.
The house has a symmetrical facade, with the second story consisting of a central pair of double hung windows,
which appear to have provided access to the upper level porch,flanked by two sets of double-hung windows with
simple surrounds. The main entrance is centered in the lower level, with the doorway flanked by single, wide 1/1
double-hung windows. The major alteration is the loss of an impressive,full-width front porch, which covered the
ground floor, and had an encircling railing creating a balcony above. It was supported by four turned posts, and had
a wood floor, it had no railing on the lower level, and was accessed by single steps in the center and on the sides.
N it has been replaced by three hipped canopies over the front windows and door. At the rear, a one story addition
projects eastward;it has a low gable roof, and was made prior to 1936, as it appears on an aerial photo taken that
Year. Other alterations include the loss of historic outbuildings and the removal of the surrounding citrus grove.
There are no other features on the property except the eucalyptus windbreaks.
8. Construction data
Estimated: (1905) Factual: ( )
9. Architect: Unknown
10. Builder: Unknown
11. Approx.property size
Acreage: 10
12. Date(s)of enclosed photograph(s):
January 27, 1989
EXHIBIT "HPC- 1 "
P.O.I. 93-02
- 13.Conditlon: Excellent ( ) Good ( ) Fair (x ) Deteriorated ( )
14.Atterations: Removal of front porch, canopies added over front windows, removal of grove and outbuildings
15.Surroundings: (Check more than one if necessary) Open land ( x ) Scattered buildings ( ) Densely built-up ( )
Residential ( x ) Industrial ( ) Commercial ( ) Other:
16.Threats to site: None known ( ) Private Development ( ) Zoning ( ) Vandalism ( ) Public Works Project (x )
Other:
17.1s the structure: On its original site? ( x ) Moved? ( ) Unknown? ( )
18.Related features: Eucalyptus windbreaks
SIGNIFICANCE
19.8riefly state historical and/or architectural Importance(Include dates, events,and persons associated with
the site):
The property was traced back through San Bernardino County Assessor lot books to 1895, when it was owned by
Charles Newton Ross, a local citrus grower. The lot books for the Etiwanda Colony lands are unusual in that same
improvements are shown in the 1890s; a small improvement is shown on the property through Assessor's Year
1901, which has increased roughly seven-fold by 1915, when listing improvements resumed. The house appears to
have been constructed shortly after the turn of the century,judging by its architectural character. (CONTINUED)
Location sketch map(draw&label
site and surrounding streets,roads,
and prominent landmarks): See Map 3
20.Main theme of the historic resource: (If more than one
is checked, number in order of importance.)
Architecture ( ) Arts & Leisure ( )
EconomicOndustrial ( ) Exploration/Settlement ( )
t Government ( ) Military ( ) Religion ( )
Social/Education ( )
21.Sources (List books, documents, surveys, personal
interviews and their dates.)
1 Etiwanda. The First 100 Years, Etiwanda Historical Society, 1982;9
History of Etiwanda. by Robert L. Hickcox, 1981 (MS copy in City of
Rancho Cucamonga Planning Department historical survey files).
"Designated and Potential Historical Site List", City of Rancho
Cucamonga, March 1988; City historical survey property file for 6527
Etiwanda Avenue, Planning Department, City of Rancho Cucamonga;
San Bernardino County Assessor, Lot Books 4(old series,
1895-1916),3, 15, 33, 64, 95 and 122(1917-1948).
Fairchild Aerial Photo Collection, Whittier College (Photos C-4061-15,
1936; C-5042-19, 3/13/1938).
22.Date form prepared: February 21, 1989
By: Aaron A. Gallup
Organization: Cakrans
Address: 1120 N Street
City: Sacramento Zip Code: 95814
Phone: (916) 920-7672
------
CONTINUATION SHEET MAP REFERENCE NO. 40
19.9rlefly state historical and/or architectural Importance(include dates, events,and persons associated with
the site):
C. Newton Ross was one of the early settlers in the Eitwanda Colony;the Ontario Fruit Grower of March 13, 1883
noted he owned 10 acres of vines and trees in Etiwanda (Hickoox, p. 118). In 1894 he is listed as a shareholder in
the Etiwanda Fruit Company (Hickcox, p. 243), and was active in the promotion of the local citrus industry. By 1908,
he was president of the Etiwanda Citrus Association;two years later, he was serving as vice-president of the
organization, now renamed the Etiwanda Citrus Fruit Growers Association. By 1914, he was president of the
Etiwanda Foothill Citrus Association. He appears to have been a major citrus grower in the community, having
owned several 10-acre parcels;county records show assessments in the three and four thousand dollar range for
his orchards from 1917 to 1923. It is likely he built his large home from the proceeds of his earty successes in the
citrus industry. The property remained in his ownership until 1925, when it was transferred to Harold B. Ross and
other members of the family. In 1936, it became the property of Stella A. Carter, who appears to have been a
member of the family, possibly a daughter. She was still shown as the owner in 1948.
The house was the home of a prominent local citrus grower and his family. C. Newton Ross appears to have made
notable contributions to local history, especially with regard to the citrus industry. The house, however, has been
substantially altered from his period of association with it, having lost a major character-defining element, the large,
elegant front porch; its replacement by three triangular canopy over the ground floor windows and doors further
detract from the appearance as Ross would have known the house. Also, an unattractive rear addition has been
made, and the historic outbuildings and groves associated with the property's significance as a citrus ranch have
been removed. The house now stands alone on a large, bare lot, and does not convey the sense of time and place
required by the National Register. Although the house may have had some local significance for its direct
association with C. N. Ross, it has been so substantially altered that it no longer meets the criteria of the National
Register of Historic Places.
Map Reference No . 40
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ITEM: O.S. 93'02
Cit? ! oa`a TITLE: 5171F, N
a
EXHIBIT:PA;C-3SCALE:
RESOLUTION NO. 93-06
A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
POINT OF INTEREST NO. 93-02 TO DESIGNATE THE C. N. ROSS HOUSE
SITE, LOCATED AT 6527 ETIWANDA AVENUE, AS AN HISTORIC POINT OF
INTEREST - APN: 227-051-03.
A. Recitals.
(i) The City has filed an application for an Historic Point of
Interest Designation as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Historic Point of Interest
Designation is referred to as "the application."
(ii) On July 14, 1993, the Historic Preservation Commission of the
City of Rancho Cucamonga conducted a duly noticed public hearing on the
application.
(iii) All legal prerequisites to the adoption of this Resolution have
occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined and resolved by the
Historic Preservation Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part "A," of this Resolution are true and correct.
2. The application applies to approximately 10 acres of land,
basically a square configuration, located at the southeast corner of .Highland
and Etiwanda Avenues.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing on July 14, 1993, including written
and oral staff reports, together with public testimony, and pursuant to
Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Commission
hereby makes the following findings and facts:
A. Historical and Cultural Significance:
Finding: 1. The proposed Point of Interest is
particularly representative of an historic period, type,
style, region, or way of life.
Fact/s: The Charles N. Ross House stood as an important
reminder of the early citrus growing era of Etiwanda's
history.
AIV
HPC RESOLUTION NO. 93-06
POI 93-02 - CITY OF R.C.
July 14, 1993
Page 2
Finding 2. The proposed Point of Interest is an example
of a type of building which was once common but is now
rare.
Fact/s: As a grove house once surrounded by acres of
citrus trees, the Ross House represented one of a handful
of such homes still in existence.
Finding 3. The proposed Point of Interest was connected
with someone renowned or important or a local personality.
Fact/s: Charles Ross came to Etiwanda early in its
settlement, arriving in 1883, only one year after the
Chaffey brothers established the colony. An active grower
in and promoter of the citrus industry, Ross owned several
10-acre parcels and was a key participant in the growth of
the community. His family and descendants continued to
live and work in the community into the 19509.
Finding 4. The proposed Point of Interest is connected
with a business or use which was once common but is now
rare.
Fact/s: The citrus industry played a critical role in the
formation and growth of the Etiwanda Community. The
industry's presence has declined dramatically in the past
forty years.
4. This Commission hereby finds that the project is considered
exempt under the California Environmental Quality Act of 1970 per Article 19,
Section 15308.
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby resolves that pursuant to Chapter
2.24 of the Rancho Cucamonga Municipal Code, that the Historic Preservation
Commission of the City of Rancho Cucamonga hereby recommends approval of
Historic Point of Interest Designation 93-02 on this 14th day of July 1993.
6. The Chairman of this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 14TH DAY OF JULY 1993.
HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Larry T. McNiel, Chairman
HPC RESOLUTION NO. 93-06
POI 93-02 - CITY OF R.C.
July 14, 1993
Page 3
ATTEST•
Brad Buller, Secretary
I, Brad Buller, Secretary of the Historic Preservation Commission of the City
of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly
and regularly introduced, passed, and adopted by the Historic Preservation
Commission of the City of Rancho Cucamonga, at a regular meeting of the
Historic Preservation Commission held on the 14th day of July 1993, by the
following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Ito
Law Offices of
Schwartz, Wisot & Rodov
A Professional Corporation
315 South Beverly Drive Gp
BRUCE E. SCHWARTZ Suite 315 �
EC E1VC�Cp•M2323
VALERIE WISOT Beverly Hills, California 902121L3 �Op`v,S��N TFAX: (310) 556-2308
VALENTINA RODOV xj� P` PNG1elephone: (310) 277
Pt<y1N ' Voice Mail: 205
3
July 9 , 1993
Refer to File No.
VIA FACSIMILE AND FIRST CLASS MAIL
Rancho Cucamonga Historic
Preservation Commission
Planning Division
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga , CA 91730
Re: Historic Point of Interest Designation
93-02 -- City of Rancho Cucamonga
APN: 227-051-03
6527 Etiwanda Avenue, Rancho Cucamonga
Ladies and Gentlemen:
This office represents the owners of the real property
referenced above, located at the southeast corner of Etiwanda and
Highland Avenues, Rancho Cucamonga, California (the "Property" ) .
The Property owned by our clients is an approximately 10 acre
parcel of vacant land. The only existing structure located on the
property was demolished pursuant to requirements imposed by the
City of Rancho Cucamonga ("City") as set forth in documentation
dated February 24 , 1993 and February 27 , 1993 , copies of which are
attached hereto for your reference. Demolition was effected as
mandated by the City, according to a demolition permit duly issued
by the City.
After demolition of the structure, my clients received notice
of your meeting scheduled for July 14 , 1993 . We have been advised
that at the July 14 meeting proposals to designate the Property as
an Historic Point of Interest and to establish potential future
environmental mitigation measures will be considered.
City of Rancho Cucamonga
Historic Preservation Committee
July 8 , 1993
Page 2
In a telephone conversation with Larry J. Henderson, Principal
Planner for the City, on June 29 , 1993 , I inquired of Mr. Henderson
as to the authority relied on by the City and the Historic
Preservation Commission, if any, to propose designation of the
Property as an Historic Point of Interest and mitigation measures
at this time. I was advised by Mr. Henderson that such measures
would be proposed pursuant to the provisions of "CEQA, " the
California Environmental Quality Act (Public Resources Code,
Section 21000-21177) , even though it is my understanding, as
confirmed by Mr. Henderson, that no "project" as defined by CEQA
guidelines has been proposed by the landowners.
Our clients object to the designation of the Property as an
Historic Point of Interest, and to the establishment of "potential
future environmental mitigation measures" regarding their property
based upon the grounds set forth in this letter. This letter shall
serve as formal objection by my clients to any such action being
taken by the City or your Commission at the July 14 , 1993 meeting,
or at all . The objections of the landowners are as follows:
1. The designation of the Property as an Historic Point of
Interest would be a violation of the Historic Preservation
Commission Ordinance of Rancho Cucamonga, Section 2 . 24 . 090.
Section 2 . 24 . 090 sets forth the landmark designation review
criteria which the Historic Preservation Commission and the City
Council shall consider as a guide in making a determination in
designating an historic landmark. Because the Property is nothing
but raw land, it is not representative of any historical period,
type, style, region or way of life. It is not an example of a type
of "building which :•aas once common but is now rare. " The Property
is not of greater age than most of its kind, nor is the Property
connected with a business or use which was once common but is now
rare. There is no architect or builder who is related to the
Property who was important, nor is the site the location of an
important historic event or building. There is no historic
architectural or engineering significance of the Property, nor does
the Property materially benefit the historic character of the
neighborhood. The Property does not in its location represent any
established or familiar visual feature of the neighborhood,
community or City. (See Ord. 70 S9 , 1979 . )
City of Rancho Cucamonga
Historic Preservation Committee
July 8, 1993
Page 3
By copy of this letter, I invite the City Attorney of the City
of Rancho Cucamonga to advise me as to the authority under which
common, ordinary and raw land may be designated as an historic
landmark in the State of California or the City of Rancho
Cucamonga.
2 . The designation of the Property as an Historic Point of
Interest, with accompanying imposition of potential future
environmental mitigation measures would be violative of the due
process, equal protection and just compensation protections
afforded by the U. S. Constitution, Amendments 5 and 14 , and the
California Constitution, Article 1, Section 19 . As set forth in
the opinion of Foster v. U. S. (1979) 607 F. 2d 943 , 221 Ct. Cl. 412 ,
on remand to Cl. Ct. 426 (see also, William C. Haas & Co. , Inc. v.
City and County of San Francisco (1979) 605 F. 2d 1117 , certiorari
denied 100 S. Ct. 1315 , rehearing denied 100 S. Ct. 1867) , regulation
by a governmental entity where action is such that it deprives the
owner of all or most of the use of his property may be so
substantial and affect the character that it cannot be done without
compensation. Regulation which destroys a major portion of land ' s
value denies a property owner of all economical viable use of the
land. Lockary v. Kayfetz (1990) 917 F. 2d 1150 . Where the
government regulates the use of property, compensation is required
under the taking provisions of the California and United States
Constitutions if the regulation deprives the owner of economic use
of the property in such a manner as to unfairly single out the
property owner to bear the burden that should be borne by the
public as a whole. Yee v. City of Escondido ( 1992) 112 S . Ct. 1522 .
For example, a finding that a zoning change from commercial to
residential resulted in an unconstitutional taking was made in
D'Addario v. Planning and Zoning Commission of Town of Darion
(1991) 593 A. 2d 511 , when the change significantly reduced the
value of the landowner ' s property, and there would be minimal harm,
if any, to the public if the zoning change was not effected.
3 . The steps proposed for your July 14 , 1993 meeting
indicate implementation of a plan which will invade valuable
property interests of my clients in an immediate and tangible
fashion. Such action would be violative of the due process
provisions of both the United States and California Constitutions
in that such action does not reasonably relate to a legitimate
governmental purpose, especially in light of the fact that the
Property fails to meet the criteria set forth in the City ' s own
statute. Further, because demolition of the structure previously
City of Rancho Cucamonga
Historic Preservation Committee
July 8 , 1993
Page 4
located on the Propery was required by the City, it is illogical
that the City would now choose to designate raw land which has no
unique character as historical . The City' s conduct in first
requiring demolition after years of effort by the landowners to
keep the structure secure from vandals, and thereafter attempting
to designate the land as "historical" appears to be an inconsistent
pattern of behavior which constitutes harrassment of the owners.
4 . The proposed action would constitute an appropriation of
a valuable property right which specifically affects the
landowners, to their detriment.
5. The actions as set forth in the Notice of the July 14 ,
1993 hearing would be premature, especially with respect to
enactment of environmental mitigation measures, pursuant to the
provisions of CEQA, as no "project" has been proposed by the
landowners.
Should any of the Commission wish to discuss the objections
set forth in this letter with me in more detail , I would be happy
to discuss it with that member upon the consent of the City
Attorney, or to discuss any questions directly with the City
Attorney. I do request, however, that no member of the City
contact my clients directly to discuss the matter.
Very truly yours,
SCHWARTZ, WISOT & RODOV
A P fessional Law Corporation
VALERIE WISOT
VW: lsr
cc: City Council, City of Rancho Cucamonga
c/o Mayor Dennis L. Stout
(VIA FACSIMILE & US MAIL)
City Attorney - City of Rancho Cucamonga
(VIA FACSIMILE & US MAIL)
Clients (VIA FACSIMILE & US MAIL)
T H E C I T Y O F
Q A N C H -o -C U C A M o N G A
February 24, 1993
Hong-Yu Chiu
Hsien-Chang Lee
30251 Avenida Selecta
Palos Verdes, CA 90274
RE: Substandard and Dangerous Building at 6527 Etiwanda Ave.
APN# 227-051-03
"FINAL NOTICE"
Again, it has come to the attention of this division that the building
referenced above, which is apparently owned by you, exists in a substandard
and dangerous condition. The violations remain the same; the structure is
abandoned, the board-up material has been partially removed and the doors and
windows remain unlocked and unsecured. The interior of the building has been
further vandalized; these continuing conditions render the structure an
attractive nuisance and in violation of Section 1001 of the Uniform Housing
Code, 1991 Edition.
The structure has been posted "Do Not Enter Unsafe To Occupy. . . . . ." ; In
addition, a Notice of Pendency has been filed with the county recorder' s
office.
Section 1101 of the Uniform Housing Code requires that the Building Official
make certain determinations and take certain action to bring about abatement
of dangerous buildings . Accordingly, because of these continuing dangerous
conditions, this office is requiring that the building be razed and completely
removed.
All necessary permits must be obtained no later than March 15, 1993, and all
work must be completed thirty (30) days from the date of permit issuance. If
this condition is not remedied by the dates indicated, this office will
proceed with abatement under the Uniform Housing Code. Section 1101 (4ii ) ,
and assess the cost as a lien against the property.
Mayor Dennis L. Stout Councilmember Diane Williams
Mayor Pro-Tem William J. Alexander _ Councilmember Pamela J. Wright
Jack Lam, AICP, City Manager Councilmember Charles J. Buquet II
10500 Civic Center Drive P O. Box 807 Rancho Cucamonga,CA 91729 (714)989-1851 FAX(714)987-6499
Hong-Yu Chiu
February 24, 1993
Page 2
Any person having record title and interest in this matter may appeal this
notice, provided the appeal is made in writing as provided in the Uniform
Housing Code, 1991 Edition, within thirty (30) days from receipt of this final
notice.
Failure to appeal will constitute a waiver of all rights to an administrative
hearing and determination of the matter. If you have any questions regarding
this matter, please call this office at 989-1863 Extension 2223.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Building and Safety
Jerry R. Grant, Building Official
Carlos H. Silva , Sr.
Rehabilitation Specialist
CS:ll
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When Recorded Mail To: City of Rancho Cucamonga Building and Safety Division10500 Civic Center Dr.Rancho Cucamonga, CA 91730
NOTICE OF PENDENCY OF PROCEEDING UNDER SECTION-. 202—OF THE HDlISINS
CODE FOR T11E CITY OF RANCHO CUCAHONGA AS AMENDED AND A00PTED BY
ORDINANCE 497 OF THE CITY OF RANCHO CUCAMONGA TO CAUSE THE ABATEMENT
OF UNSAFE BUILDINGS
NOTICE IS HEREBY GIVEN that a proceeding, entitled as above, has been
commenced by the undersigned Building Official of the City of Rancho Cucamonga
against the recorded owner of the property and improvements thereon
hereinafter described and against the holder of any mortgage or deed of trust
or other lien or encumbrance of record, the owner of the holder of any lease
of record and the holder of any other estate or interest of record in or to
said improvements or the land on which it is located; that said proceeding is
now pending and is taken pursuant to the Provisions of Section 202 of the said
Housing Code, that this proceeding affects the interest of the recorded owner
of the said property and improvements and the interest of the holder of any
mortgage or deed of trust or other lien or encumbrance of record, the owner or
holder of any lease of record and the holder of any other estate, or interest
of record in the property or improvements thereon and that the object of said
proceeding is to secure the repair or demolition and removal of said
improvements.
The property and said improvements are located within the corporate limits of
the City of Rancho Cucamonga , County of San Bernardino, State of Califcr^ip
The undersigned certifies that he has found and determined that said
improvements are substandard under the provisions of Section 202 of the said
Housing Code and that the following named is the owner of record of said
property and improvements.
NAME OF LEGAL OWNER: Chiu Hong Yu Etal, Lee Hsien Chang
ASSESSOR'S PARCEL NUMBER: 0227-051-03
ADDRESS: 6527 Etiwanda Ave .
DATED: This . . . . . . . , 27th. . . . . . . Day of . . .Januar. . . . . . . . . . . . . 19 . 93. . . . .
C/
e, y Gr Building Official
cxty ofrancho Cucamonqa
, ( _.i'E OF CALIFORNIA
COUNTY OF SAN BERNARDINO
-7
On this : . . . . . . .day of . . . . 19 7-3. before me , ,JAN SUTTON,
Deputy City Clerk of the City of Rancho Cucamonga , personally appeared . . . . .
Jerry Grant proved to me on the basis of satisfactory evicence to be the
person who executed this instrument as Building Official of the City of Rancho
Cucamonga , a municipal corporation existing and organized under the laws of
the State of California , and acknowledged to me that the City of Rancho
Cucamonga executed it.
Jan Sutton
Deduty City Clerk
City of Rancho Cucamonga