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HomeMy WebLinkAbout05-094 - Resolutions RESOLUTION NO. 05-094 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED IMPROVEMENTS TO AND WIDENING OF BASE LINE ROAD (PORTIONS OF ASSESSOR'S PARCEL NUMBER 1100-011-02) 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 improvements to and widening of Base Line Road (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. (Eminent Domain Law), 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 City seeks to acquire an approximate 0.127-acre (5,544 square foot) permanent street easement on the real property commonly known as 13025 Base Line Road, and identified as Assessor's Parcel Number 1100-011-02 in connection with the improvements to and widening of Base Line Road ("Subject Property Interests"). The legal description of the Subject Property Interests is attached as Exhibit "A" to this Resolution and the Subject Property Interests are depicted on the diagram attached as Exhibit "B" to this Resolution. Exhibits "A" and "B" are incorporated herein by this reference. The Subject Property Interests are required to facilitate the widening of and improvements to Base Line Road, which is a public use. SECTION 4: The proposed Project is consistent with and is a proposed component of the City's General Plan and of the Etiwanda Specific Plan. The street improvements comprising the proposed Project were placed as a condition of approval on Tentative Tract Map No. SUBTT16454 ("Tentative Tract Map"). The Resolution No. 05-094 Page 2 of 9 improvements to and widening of Base Line Road are consistent with the City's designation of Base Line Road as a "major divided arterial" in the Circulation Element of the General Plan. The proposed Project would improve and widen Base Line Road in the Tentative Tract Map development project area in accordance with both the City's "major divided arterial" standards and with Etiwanda Specific Plan Figure 5-21. The proposed Project would protect the existing curb and gutter and sidewalk along Base Line Road in the Tentative Tract Map development project area, or repair the same, as required. The proposed Project would also provide curb, gutter, curvilinear sidewalk and asphalt pavement along Base Line Road in the Tentative Tract Map development project area as required. Third, the proposed Project would provide a landscaped median on Base Line Road to the easterly limits of the Tentative Tract Map development project and would protect and reconstruct the existing median in Base Line Road as needed to relocate the median break from Emmett Way to Shelby Place (formerly known as Street "A"). In addition, the proposed Project would provide 9500 Lumen HPSV streetlights along the Base Line Road frontage. It would also provide a bus bay at the southeast corner of Base Line Road and Etiwanda Avenue. In addition, the proposed Project would protect the existing R26 "No Stopping" signs, or replace these, as required. It would also protect traffic signal equipment at Base Line Road and Etiwanda Avenue, or relocate or replace this equipment, as required. Further, the proposed Project would provide a Class II Bike Lane on both sides of Base Line Road from Etiwanda to the east boundary of the Tentative Tract Map development project and provide a traffic signal at the intersection of Base Line Road and the proposed entrance of the Tentative Tract Map development project. Finally, the proposed Project would modify the westbound Base Line Road left-turn lengths at Etiwanda Avenue, as required, and would require the dedication of additional right-of-way as needed at intersections. The Subject Property Interests are needed to complete the proposed improvements along the frontage of Base Line Road between Emmett Way and Shelby Place. These improvements will further the public health and safety by ensuring adequate traffic circulation in the area. The proposed Project is also in the interest of the public health and safety because it ensures that the level of service along the intersections of Base Line Road in the vicinity of the proposed Project area are maintained at a level of Service "D" or better, consistent with policy 3.5.1 of the General Plan. This standard helps; ensure that traffic moves safely and efficiently throughout the community and that traffic delays are kept to a minimum. Resolution No. 05-094 Page 3 of 9 SECTION 5: The potential environmental impacts of the proposed Project were studied and analyzed as an integral part of the Planning Commission's analysis of the potential environmental impacts of the Tentative Tract Map pursuant to the requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000, et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000, et seq. The Planning Commission studied the potential environmental impacts of the proposed Project on August 27, 2003 when it considered the Tentative Tract Map and adopted Resolution No. 03-118. Pursuant to Resolution No. 03-118, the Planning Commission determined and resolved, based on the substantial evidence presented to the Planning Commission during the public hearing, including written and oral staff reports and public testimony, that (1) the Tentative Tract Map was consistent with the General Plan, Development Code, and any applicable specific plans; (2) the design or improvements of the Tentative Tract Map was consistent with the General Plan, Development Code, and any applicable specific plans; (3) the site was physically suitable for the type of development proposed; (4) the design of the subdivision was not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; (5) the Tentative Tract Map was not likely to cause serious public health problems; and (6) the design of the Tentative Tract Map would not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. Further, in adopting Resolution No. 03-118, the Planning Commission found that based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment on the Tentative Tract Map development application, there was no substantial evidence that the Tentative Tract Map development project would have a significant effect upon the environment. The City prepared a Mitigated Negative Declaration for Tentative Tract Map SUBTT16454, Conditional Use Permit DRC2003-00478, and Development Review DRC2003-00101 ("Mitigated Negative Declaration"). The County Clerk duly posted the Notice of Determination pursuant to the requirements of CEQA. After considering the evidence before it at its August 27, 2003 meeting, the Planning Commission adopted the Mitigated Negative Declaration and Mitigation Monitoring Program attached to Resolution No. 03-118 and found that there was no substantial evidence that the Tentative Tract Map development project would have a significant effect up on the environment. In adopting the Mitigated Negative Declaration and the Mitigation Monitoring Program, the Planning Commission made the following findings: Resolution No. 05-094 Page 4 of 9 (a) That the Mitigated Negative Declaration had been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA Guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflected the independent judgment of the Planning Commission; and, further, that the Planning Commission had reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application; (b) Although the Mitigated Negative Declaration identified certain significant environmental effects that would result if the Tentative Tract Map development project was approved, all significant effects had been reduced to an acceptable level by imposition of mitigation measures on this development project, which were listed in Resolution No. 03-118 as conditions of approval; and (c) Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission found that in considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the Tentative Tract Map development project, there was no evidence that the proposed Tentative Tract Map development project would have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission thereby rebutted the presumption of adverse effect as set forth in Section 753.5(c- 1-d) of Title 14 of the California Code of Regulations. Accordingly, based on the findings and conclusions set forth in Resolution No. 03-118, the Planning Commission approved the Tentative Tract Map, the Mitigated Negative Declaration, and the Mitigation Monitoring Program, subject to the conditions set forth in the Resolution and in the Standard Conditions attached to Resolution No. 03-118. Specifically, the Planning Commission approved the Tentative Tract Map subject to several conditions, including the improvements to and widening of Base Line Road that comprise the proposed Project. Resolution No. 03-118 also found that the Tentative Tract Map development project design was consistent with the Etiwanda Specific Plan and the Basic; Development Standards therein. For example, the Tentative Tract Map development project would create opportunities wherein a population diverse in terms of income, age, occupation, race, ethnic background, lifestyle, Resolution No. 05-094 Page 5 of 9 values, interests, and religion may interact, exchange ideas, and realize common goals by creating single-family detached homes with differing price ranges adjacent to other single-family detached homes and multiple family attached homes. In addition, the Planning Commission found the Tentative Tract Map development project would encourage opportunities to mix different, but compatible, land uses and activities, adding single-family detached residences adjacent to proposed multiple-family attached residences. The Planning Commission also found that residential land uses are considered compatible with the Etiwanda Specific Plan as opposed to more intense commercial uses. Finally, the Planning Commission found that the Tentative Tract Map development project would organize land uses to avoid creating nuisances among adjacent land uses. This is consistent with the City's General Plan intent for the Low-Medium Residential District, and would result in an orderly transition in density from the Medium Residential District to the northeast adjacent to the I- 15 Freeway. All of the environmental documentation prepared in connection with Planning Commission Resolution No. 03-118, including any staff reports in connection with Resolution No. 03-118, the Mitigated Negative Declaration, Mitigation Monitoring Program, and Notice of Determination have been reviewed by City staff in connection with the proposed Resolution of Necessity and on March 8, 2005, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that there have been no substantial changes in the Tentative Tract Map of which the proposed Project is an integral part, and no new information of substantial importance has been obtained that would require further environmental analysis. These environmental findings are the appropriate environmental findings for the proposed acquisition of the Subject Property Interests. The General Plan, Etiwanda Specific Plan, Planning Commission Resolution No. 03-118, the Mitigated Negative Declaration, Notice of Determination, Mitigation Monitoring Program and all environmental documentation concerning the Tentative Tract Map and all Resolutions and project documents regarding the Tentative Tract Map are on file in the City Planning Department and are incorporated in this Staff Report by this reference. SECTION 6: The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The public interest and necessity require the Project; Resolution No. 05-094 Page 6 of 9 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 Exhibit "A" and depicted on Exhibit "B" attached hereto is necessary for the proposed Project; D. The offer required by Section 7267.2 of the Government Code was made to the owners of record. SECTION 7: The City has complied with the notice requirements of Code of Civil Procedure Section 1245.235. SECTION 8: The findings and declarations contained in this Resolution are based upon the record before the City Council on March 16, 2005, which includes the Staff Report dated March 16, 2005 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 9: The City Council of the City of Rancho Cucamonga hereby authorizes and directs the City Attorney's office 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 10: This Resolution shall take effect upon adoption. Please see the following page for formal adoption,certification and signatures Resolution No. 05-094 Page 7 of 9 PASSED, APPROVED, AND ADOPTED this 201h day of April 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None CPQ William J. Al ander, Mayor ATTEST: Kath n . Sott, CMC, Deputy City Clerk I, KATHRYN L. SCOTT, DEPUTY 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 201h day of April 2005. Executed this 216' day of April 2005, at Rancho Cucamonga, California. oq6J.# Kath yn L. S ott, CMC, Deputy City Clerk Resolution No. 05-094 Page 8 of 9 EXHIBIT"A" DEDICATION FOR BASE LINE ROAD (APN 1100-011-02) BEING THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 3928, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP THEREOF FILED IN BOOK 37, PAGE 28, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINMNG AT THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, SOUTH 01°09'56" WEST 41.56 FEET; THENCE NORTH 41006'05"WEST 35.12 FEET TO A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF BASE LINE ROAD AS SHOWN ON SAN BERNARDINO COUNTY ROAD DEPARTMENT MASTER PLAN AMENDMENT NO. SV-403; THENCE ALONG SAID PARALLEL LINE, SOUTH 89047'25"WEST 117.24 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE, NORTH 89052'32" WEST 114.63 FEET; THENCE SOUTH 41°33'42" WEST 34.75 FEET TO A POINT IN A LINE PARALLEL WITH AND 10.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID PARCEL 1; THENCE SOUTH 8959'22"WEST 20.00 FEET TO A POINT IN THE WESTERLY LINE OF EMMETT WAY, 30.00 FEET WIDE, AS SHOWN ON SAID PARCEL MAP; THENCE ALONG LAST- MENTIONED WESTERLY LINE, NORTH 0000'38"WEST 40.18 FEET TO A POINT IN THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID PROLONGATION AND NORTHERLY LINE, NORTH 89047'25"EAST 298.87 FEET TO THE POINT OF BEGINNING. CONTAINING 5,544 SQUARE FEET OF LAND, MORE OR LESS. SEE EXHIBIT`B"ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY MADOLE AND ASSOCIATES, INC. OF THE INLAND EMPIRE \ i\l LA N s. WILLIAM ROARO JA P.L.S. 4756 �SS� Y,OARO/�..�?� EXPIRATION DATE: 9/30/2005 Ci I.N. 652-1668 February 24, 2004 rw Page 1 of I Resolution No. 05-094 Page 9 of 9 EXHIBIT "B" ADDITIONAL STREET DEDICATION 0 00 RE.' PCL. 1, P.M. .3928 n w J Q U !n t BASE LINE ROAD ¢ BASELINE ROAD PER /PER P.M. 3928 SAN BERNARDINO CO, ROAD ( - DEPT. MASTER PIAN i N89'4725 E AMENDMENT N0. SV-403 +o* wk ' 89-725'EN0pg09}='5 6— E 9'4725 N89'S23 "W e 2 988 �� 8 52=32." `•,N8'9;4,7'25'E P.O.B. 114.63 NO'0036"W N41:06'05"W' NO1'09'S6E 40.18' 35.72' I N413�3'42 E 41.56' ADDITIONAL DEDICATION 34.75 40' 0 N89'59'22'E NE COR. PCL. 1, 20.00' .M 39 8 PCL 1 w 03 I 32' 32' Ln P. M. No. 3928 m (Z N 3 10• P. M. B. 37/28 `x W I D=5'29'07" L=35.42 R=370 vi r=17.72 TR. 16 4 N .6 'E 192 M.B. 298 70-77 m Page 1 of 1 0 No. 4756 ASSOCIATES, INC. * Exp: 9- 05 F7�CHO CW l�1-f_ WCYIOXG G 91]]0�Y (9G9) Y,9-1]11