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Home My WebLink About2012/11/07 - Agenda Packet city of i� L HC1 U CrAMON GA 10500 Civic Center Drive � Rancho Cucamonga, CA 91730-3801 City Office: (909)477-2700 AGENDAS FIRE PROTECTION DISTRICT BOARD PUBLIC FINANCING AUTHORITY CITY COUNCIL REGULAR MEETINGS 1s'and 3rd Wednesdays 4 7:00 P.M. NOVEMBER 7, 2012 ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room................. 5:00 P.M. Call to Order Public Communications Conduct of Closed Session City Manager Announcements REGULAR MEETINGS Council Chambers .......................... 7:00 P.M. MEMBERS MAYOR L. Dennis Michael MAYOR PRO TEM Sam Spagnolo COUNCIL MEMBERS William Alexander Chuck Buquet Diane Williams CITY MANAGER John R. Gillison CITY ATTORNEY James L. Markman CITY CLERK Janice C. Reynolds '` - INFORMATION FOR THE PUBLIC LEI TO ADDRESS THE FIRE BOARD, AUTHORITY BOARD AND CITY COUNCIL The Fire Board,Authority Board and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate,a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board,Authority Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. If as part of your presentation you would like to display audio or visual material,please see the City Clerk before the meeting commences. Any handouts for the Fire Board, Authority Board or City Council should be given to the City Clerk for distribution. During"Public Communications,"your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period,all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items(with the exception of public hearing items)will be accepted once the business portion of the agenda commences. Any remaining "Public Communications" which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less,as deemed necessary by the Chair,depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing" item or on an "Administrative Hearing Item(s)," your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS-Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter,the City's Public Library(-ies)and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST-Fire Board,Authority Board and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on- demand"from their computers. The added feature of"Streaming Video On Demand"is available on the City's website at www.cityofrc.us/cityhall/council/videos.asp for those with Hi-bandwidth(DSL/Cable Modem)or Low-bandwidth (Dial-up) Internet service. The Fire Board, Authority Board and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m, in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire District Board and the Public Financing Authority Board. Copies of the agendas and minutes can be found @ www.citvofrc.us ® If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA NOVEMBER 7, 2012 A. 5:00 P.M. - CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM 1. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Buquet and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) D. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 8408 ROCHESTER AVENUE; NEGOTIATING PARTIES: NETTIE NIELSEN, COMMUNITY SERVICES DIRECTOR, CITY OF RANCHO CUCAMONGA;, AND BOBBY BRETT, RANCHO BASEBALL, LLC) REGARDING LEASE TERMS - CITY D2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(8)— CITY E. CITY MANAGER ANNOUNCEMENTS F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY BOARD AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 2 CITY COUNCIL AGENDA NOVEMBER 7, 2012 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCE AUTHORITY BOARD AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AUTHORITY BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Buquet and Williams H. ANNOUNCEMENTS/PRESENTATIONS H1. Recognition of the Alta Loma High School Alumni Association, Etiwanda Historical Society, Northtown Housing Development and Fire Station I, for their ongoing stewardship of local Veteran Memorials, and announcement of the 2012 Veterans Day Event on November 11. H2. Recognition of Santa Barbara Townhomes for joining the Healthy RC Smoke-Free Recognition Program. I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Finance Authority Board and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Finance Authority Board and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Finance Authority Board and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 3 CITY COUNCIL AGENDA NOVEMBER 7, 2012 CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by an Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Approval of Minutes: October 17, 2012(Regular Meeting) J2. Approval of Check Register dated October 10, 2012 through October 30, 2012 for the total 1 amount of$246,075.99. J3. Recommendation to reject all bids received for the Generator Upgrade Project at the San 7 Bernardino (172), Jersey(174)and Banyan (175) Stations and the Fire Maintenance Facility and to cancel the Generator Upgrade Project at the San Bernardino (172), Jersey(174) and Banyan (175) Stations and the Fire Maintenance Facility. J4. Approval to adopt an annexation map showing Assessor Parcel Number 1077-401-19 (Joe 9 M. Munoz, Owner), located on Center Dr. between Foothill Blvd. and Center Ave. which is proposed to be annexed into CFD 85-1. RESOLUTION NO. FD 12-050 11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85- 1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 12-6) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 J5. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 13 12-6 (APN: 1077-401-19, Joe M. Munoz, Owner), located on Center Ave., between Foothill Blvd. and Church St. into Community Facilities District No. 85-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 12-051 15 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 12-6) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 4 CITY COUNCIL AGENDA NOVEMBER 7, 2012 K. CONSENT CALENDAR - SUCCESSOR AGENCY K1. Release of Maintenance Guarantee Bond No. 12068441 in the amount of $625,187.43, for 25 the Hellman Avenue Master Planned Storm Drain and Street Improvements— Phase 1 from 91"Street to San Bernardino Road, Contract No. RA10-010. L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY L1. Approval of Minutes: October 17, 2012 (Regular Meeting) M. CONSENT CALENDAR - CITY COUNCIL M1. Approval of Minutes: October 17, 2012 (Regular Meeting) October 15, 2012 (Special Meeting) M2. Approval of Check Register dated October 10, 2012 through October 30, 2012 and payroll 27 ending October 30, 2012 for the total amount of$5,140,734.71. M3. Amendment to the agreement with EV Connect LLC and ClipperCreek Inc., to Participate in Reconnect California Program and Upgrade Four additional Electric Vehicle Charging 79 Stations at Various City Facilities to be Funded by the California Energy Commission. M4. Receive quarterly budget update report. 83 M5. Neighborhood Stabilization Program (NSP) Property Sale DRC2010-00698T — City of Rancho Cucamonga — The sale of 8541 Hamilton Street acquired under the NSP 87 Acquisition/Rehabilitation and Resale activity to Habitat for Humanity consistent with the U.S. Department of Housing and Urban Development NSP guidelines. M6. Consideration of the recommendation from the Park and Recreation Commission regarding 153 the approval of the Annual Street Banner Schedule and Applications for Calendar Year 2013. M7. Approval of plans and specifications for the Etiwanda Creek Park Sports Lighting 171 Replacement Project and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from Account Number 1025001-5607 (Capital Reserve). RESOLUTION NO. 12-164 172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 5 CITY COUNCIL AGENDA fANOO'I(4 ONIA NOVEMBER 7, 2012 M8. Approval of plans and specifications for the Sports Complex Clarifier Replacement Project 177 and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from Account Number 1025001-5602 (Capital Reserve). RESOLUTION NO. 12-165 178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE SPORTS COMPLEX CLARIFIER REPLACEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M9. Accept the Manzanita Drive Storm Drain Improvements, Contract No. 12-043 as complete, 183 release the bonds, accept a Maintenance bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of$254,151.93. RESOLUTION NO. 12-166 186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MANZANITA DRIVE STORM DRAIN IMPROVEMENTS, CONTRACT NO. 12-043, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M10. Approval to renew contract (CO 11-017) with Superior Pavement Markings, Inc. with no fee 187 increase for 2012-2013 for Street Striping and Pavement Marking Services in the amount of $150,000.00 to be funded from Account No. 11773035300 (Contract Services FY 2012-13). M11. Approval to renew contract (CO 10-074) with All City Management Services, Inc. with no 189 fee increase for Fiscal Year 2012-2013 for Professional Crossing Guard Services in the amount of $358,200.00 to be funded from Account No. 10187015300 (Contract Services FY 2012-13). M12. Approval of Improvement Agreement and Improvement Security and ordering the 191 annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Parcel Map 19043 off sites, located on the north side of Amber Lane west of Etiwanda Avenue, submitted by Century Heritage Builders, Inc. RESOLUTION NO. 12-167 194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 19043 OFF SITES RESOLUTION NO. 12-168 195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR PARCEL MAP 19043 FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND g CITY COUNCIL AGENDA NOVEMBER 7, 2012 RESOLUTION NO. 12-169 200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR PARCEL MAP 19043 RESOLUTION NO. 12-170 205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR PARCEL MAP 19043 M13. Approval of drainage reimbursements for the Etiwanda/San Sevaine Area Master Plan for 210 FY 2011/2012 and appropriation of$53,372.14 to Account No. 1116303-5650/1026116-0. M14. Approval of drainage reimbursements for the General City Area Master Plan for FY 211 2011/2012 and appropriation of$153,899.22 to Account No. 1112303-5650/1026112-0. M15. Approval to receive and file Animal Center statistics as of September 2012 and year to date 212 January 1, 2012— September 30, 2012. M16. Consideration of a fiber conduit license agreement between the City of Rancho 215 Cucamonga and Sunesys, LLC a Delware Limited Liability Company for the installation of fiber optic cable using City fiber conduit. L� N. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The President will open the meeting to receive public testimony. N1. Adoption of a resolution making determinations regarding the proposed annexation of 240 territory (LVD Rancho Cucamonga LLC, Owner—APN 0227-012-24 -Annexation No. 12-5) located on the west side of East Ave. south of Lima Dr. to an existing Community Facilities District 85-1, calling a special election and authorizing submittal of levy of special taxes to the qualified electors. RESOLUTION NO. FD 12-052 242 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 12-5) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 7 CITY COUNCIL AGENDA _LICA."iO aVMONGA NOVEMBER 7, 2012 O. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. 01. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 250 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. - A request to construct and operate a funeral home (that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (Note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691)within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located near the southeast corner of Etiwanda Avenue and Candlewood Street - APN:1100-031-07. Related file: Development Review DRC2011-01094D. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) P2. LEGISLATIVE AND REGIONAL UPDATES (Oral) Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING R. ADJOURNMENT I, Debra L. McNay, Assistant City Clerk/Records Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on November 1, 2012, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. O c C • a) F- inic, s_ - X , ilikb. .,..! 0.4 i-.5 i,<Z e 3 sal ii €iaci' .e (c., DNA. sV ! h1 s 2. t NI O * J o°= W a al `.] F-..W 0 . ' Q s m 3 7F, CO 1 CO CZ r-I 8 0 > 0 1 fi — = 0 00 Q CO Cn 2 CY) 1 , •••!.:Z ' ' ii. 11224 . \ —0 mss. CU 4 z . •_V .....-,..,_ v) 11, .. . 0 � O u_ 0 . 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I:4 Z 0) 7:2- i 0 tz it 0 ”= © CD ?I, Q E y U 0 cu Pmy ,c M U CP CD m CO = l'1 CD I CD 4. 0 i'liZ 1:3 w � �e 0 0 October 15, 2012 RANCHO CUCAMONGA CITY COUNCIL SPECIAL MEETING MINUTES A. CALL TO ORDER The special meeting of the Rancho Cucamonga City Council convened in Celebration Hall at the Victoria Gardens Cultural Center, located at 12505 Cultural Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 6:02 p.m. Present were Councilmembers: Bill Alexander, Chuck Buquet, Diane Williams, Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Jeff Bloom, Deputy City Manager/Economic and Community Development; Mark Steuer, Director of Engineering Services; Nettie Nielsen, Community Services Director; Chris Paxton, Human Resources Director; Tamara Layne, Finance Director; Trang Huynh, Building & Safety Services Director; Veronica Fincher, Animal Services Director; Mike Bell, Fire Chief; Jim Frost, City Treasurer and Debra McNay, Records Manager/Assistant City Clerk. B. ITEM FOR DISCUSSION B1. INTRODUCTION TO TECHNOLOGY IN ACTION WORKSHOP John Gillison, City Manager, welcomed everyone and spoke about the booths and displays that were set up to highlight the use of technology in each Department. C. RECESS TO EXPORE BOOTHS AND DISPLAYjjj Mayor Michael recessed the meeting at 6:07 p.m. Reconvene: Mayor Michael reconvened the meeting at 7:13 p.m. D1 . CITY COUNCIL COMMENTS/DEBRIEFING Several drawings were held and prizes were distributed. The Mayor and City Council discussed the positive interactions of the community and staff and the various uses of technology that were highlighted. E. PUBLIC COMMUNICATIONS A member of the public thanked the Mayor and City Council for hosting this very informative workshop. * DRAFT * City Council Minutes—Special Workshop Technology In Action—October 15, 2012 Page 1 of 2 F. ADJOURNMENT Mayor L. Dennis Michael adjourned the meeting at 7:40 p.m. Respectfully submitted, Debra L. McNay, MIMIC Assistant City Clerk/Records Manager Approved: * DRAFT * City Council Minutes—Special Workshop Technology In Action —October 15, 2012 Page 2 of 2 October 17, 2012 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY CLOSED SESSION AND REGULAR MEETINGS MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council and Successor Agency held a closed session on Wednesday, October 17, 2012 in the Tapia Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor L. Dennis Michael. Present were Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services and Jeff Bloom, Deputy City Manager/Economic and Community Development. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items are being considered: D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9059 SAN BERNARDINO ROAD IN THE CITY OF RANCHO CUCAMONGA. NEGOTIATING PARTIES: LINDA DANIELS, ASSISTANT CITY MANAGER AND ORCHARD CAPITAL LP, REGARDING AN EXISTING LEASE.— SUCCESSOR AGENCY D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE ROAD, IDENTIFIED AS 7150 ETIWANDA AVENUE; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA; AND GWEN FROST, PRESIDENT OF THE ETIWANDA HISTORICAL SOCIETY— CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE ROAD, IDENTIFIED AS 7086 ETIWANDA AVENUE; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA; AND GWEN FROST, PRESIDENT OF THE ETIWANDA HISTORICAL SOCIETY— CITY D4. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 8408 ROCHESTER AVENUE; NEGOTIATING PARTIES: NETTIE NIELSEN, COMMUNITY SERVICES DIRECTOR, CITY OF RANCHO CUCAMONGA;, AND BOBBY BRETT, RANCHO BASEBALL, LLC) REGARDING LEASE TERMS - CITY D5. CONFERENCE WITH LABOR NEGOTIATOR CHRIS PAXTON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, EXECUTIVE MANAGEMENT, MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUPS — CITY * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meetings—October 17, 2012 - Page 1 of 8 D6. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 8408 ROCHESTER AVENUE; NEGOTIATING PARTIES: NETTIE NIELSEN, COMMUNITY SERVICES DIRECTOR, CITY OF RANCHO CUCAMONGA;, AND BOBBY BRETT, RANCHO BASEBALL, LLC) REGARDING LEASE TERMS - CITY D7. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HAMILTON STREET, WEST OF CARNELIAN STREET, IDENTIFIED AS 8541 HAMILTON STREET; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, AND JEFFREY A. BLOOM, DEPUTY CITY MANAGER/ECONOMIC AND COMMUNITY DEVELOPMENT, CITY OF RANCHO CUCAMONGA; AND JODY GMEINER, PRESIDENT/CEO, POMONA VALLEY HABITAT FOR HUMANITY—CITY C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No persons were present wishing to speak. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. F RECESS The closed session recessed at 6:30 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meetings of the Rancho Cucamonga Fire Protection District, Financing Authority and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. President/Chairman/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Board Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice President/Vice Chairman/Mayor Pro Tern Sam Spagnolo and President/Chairman/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Jeff Bloom, Deputy City Manager/Economic and Community Development; Bill Wittkopf, Public Works Services Director; Mark Steuer, Director of Engineering Services; Chris Paxton, Human Resources Director; Tamara Layne, Finance Director; Robert Karatsu, Library Director; Trang Huynh, Building & Safety Services Director; Veronica Fincher, Animal Services Director; Mike Bell, Fire Chief; Debra McNay, Records Manager/Assistant City Clerk and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Recognition of Senator Bob Dutton for his service to the community as the 31s' District California State Legislator. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meetings—October 17, 2012 - Page 2 of 8 Mayor Michael presented Senator Bob Dutton a certificate of appreciation for his service to the community. H2. Recognition to Aaron Bishop and Mr. Sanchez for the Veterans Day program at Rancho Cucamonga High School. Mayor Michael presented certificates of appreciation to Mr. Bishop and Mr. Sanchez for their coordination of the Veteran's Day program at Rancho Cucamonga High School. H3. Recognition of Bill Alexander, retiring Commander of the Memorial Honor Detail #18 of VFW Post 8680. Mayor Michael presented a certificate of achievement to Bill Alexander for his efforts with the Memorial Honor Detail #18 at VFW Post 8680. H4. Proclamation declaring October 14-20, 2012 "National Friends of the Library Week". Mayor Michael presented Faith Collari, President of the Friends of the Library, a proclamation declaring October 14 — 20, 2012 at National Friends of the Library Week. Ms. Collari presented a check to the City in the amount of$25,000 for Library services. H5. Recognizing the Lewis Family Playhouse MainStreet Theatre Company for their Ovation Award Nominations. Susan Sluka-Kelley, Supervisor and Mireya "Murry" Hepner, Coordinator spoke about the Lewis Family Playhouse MainStreet Theatre Company receipt of Ovation Award nominations. H6. Presentation of the Achievement of Excellence in Procurement(AEP)Award. Keri Hinojos, Senior Buyer, presented the Mayor and City Council with the Achievement of Excellence in Procurement Award. H7. Presentation and Overview of New Adopted Budget format for Fiscal Year 2012113. (MOVED TO ITEM N3) H8. Animal Center updates on the Furry Friends Festival and Operation Cat Nip. (MOVED TO ITEM N4) I. PUBLIC COMMUNICATIONS 11. Fred Salazar thanked the City Council for their support of the seniors and the staff of the Community Services Department. 12. Floyd Carter, Head Coach for the Stingrays Football Team, noted that the team is traveling to Florida to compete and requested donations. There will be a Goodwill Fundraiser at Etiwanda Creek Park on October 22, 2012. Visit rcfootball.org for more information. 13. Jim Moffatt displayed an ad from a previous election in opposition to Council Member Buquet and compared it with a recent campaign flyer that he received in support of the Council Member. Mr. Moffatt expanded on concerns with past campaigns and recommended that voters take a good look at the Council Member's history before voting for him. 14. Bill Hanlon expressed concerns with the recent debate in which Mayor Pro Tern Spagnolo and Council Member Buquet received the questions before the rest of the candidates. He also compared their candidate statements and noted the inconsistencies between the two documents. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meetings—October 17, 2012 - Page 3 of 8 15. John Lyons indicated that he recently visited the Senior Center and heard from many seniors who supported the City family. The City Council has done an excellent job. He encouraged everyone to vote in November. CONSENT, CALENDARS _ t The following Consent Calendar items are expected to be routine and non- alt They X14} "t J 4 S - A N• ' d I M' will be acted upon by the FjreyBoard/Successor Agency/Authordy boar I/ at one 6me A x,uF 3 F ° *h. �a r wtl tiW me u = u :e� °d 4+utl6uxa 1k. : p without discussomntl",Anyjitem�mayrbe removed by a Fireh Board/Successor Agency/Authonfyry; =v a x uatltlwmi r ibu=q r ru r i d�d i yt,adl Board/Council Member for discussion rw tlbpbighv+=hrr`r ,�+GW+r,7t.r d, "rx.:'€ :fn,:,. i'r CONSENT CALENMFt AFIRE°,;PROTECTION'aDISTRICTTT� , J1. Approval of Minutes: October 3, 2012 (Regular Meeting) J2. Approval of Check Register dated September 26, 2012 through October 9, 2012 for the total of$82,534.11. J3. Approval to receive and file current Investment Schedule as of September 30, 2012. MOTION: Moved by Alexander, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0. �: K# CONSENT CALENDAR= SUCCESSOR7AGENCY{' K1. Release of Maintenance Bond No. 71122828 in the amount of $1,000.00 for the Stadium Door Replacement, Contract No. 2011-081. MOTION: Moved by Buquet, seconded by Spagnolo, to approve the staff recommendation in the staff report. Motion carried 5-0. CONSENT-CALENDAR ,PUBLICf FIIVAN4uCIN4 AUTHORIuT1( L1. Approval of Minutes: October 3, 2012 (Regular Meeting) MOTION: Moved by Alexander, seconded by Buquet, to approve the minutes. Motion carried 5-0. y 'a y R - `p•n}11T;�nw .�k• aeW"YE' a@F'.a. a_ ' x . M. CONSENTCALENDAR CITYCOUNCIL, M1. Approval of Minutes: October 3, 2012(Regular Meeting) M2. Approval of Check Register dated September 26, 2012 through October 9, 2012 and payroll ending October 9, 2012 for the total of$5,321,098.29. M3. Approval to receive and file current Investment Schedule as of September 30, 2012. M4. Consideration of a request from the Friends of the Pacific Electric Trail for City assistance with their 2013 Annual Cucamonga Challenge to be held on May 11, 2013. M5. Release of Maintenance Guarantee Bond No. 7622588 in the amount of $32,347.68, for the Arrow Route Pavement Rehabilitation from Rochester Avenue to Juneberry Drive, Contract No. 11-046. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meetings —October 17, 2012 - Page 4 of 8 M6. Accept the Archibald Avenue Pavement Rehabilitation from Foothill Boulevard to Base Line Road and Church Street Pavement Rehabilitation from Hellman Avenue to Archibald Avenue, Contract No. 12-027 as complete, release the bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of$617,885.70. RESOLUTION NO. 12-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ARCHIBALD AVENUE PAVEMENT REHABILITATION FROM FOOTHILL BOULEVARD TO BASE LINE ROAD AND CHURCH STREET PAVEMENT REHABILITATION FROM HELLMAN AVENUE TO ARCHIBALD AVENUE, CONTRACT NO. 12-027, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. M7. Accept the Lemon Avenue Pavement Rehabilitation from Sapphire Street to Carnelian Street, Contract No. 12-026 as complete, release the bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of$127,365.12. RESOLUTION NO. 12-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LEMON AVENUE PAVEMENT REHABILITATION FROM SAPPHIRE STREET TO CARNELIAN STREET, CONTRACT NO. 12-026, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. M8. Accept improvements, retain the Faithful Performance Bond in lieu of a Maintenance Bond and file a Notice of Completion for improvements for Parcel Map 15550, located on the west side of Wardman Bullock Road, north of Wilson Avenue, submitted by Etiwanda Creek Partners, L.P. RESOLUTION NO. 12-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 15550 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. M9. Approval of Advance Expenditure Agreement No. C13030 and Construction Cooperative Agreement No. R13028 with the San Bernardino County Transportation Authority (SANBAG) for construction phase project management of the Interstate 15 at Base Line Road Interchange Improvement Project and appropriate $100,000 to Account No. 11243035650/1361124-0 from the Transportation Fund balance. M10. Approval of a reimbursement in the amount of $109,473.94 to the County of San Bernardino Flood Control District that will serve to transfer the Regional Mainline Drainage Fees collected by the City of Rancho Cucamonga, as provided.for in Agreement No. CO-02-139 to meet the City's funding obligation for the Etiwanda/San Sevaine Creek Improvement Project, and approval of an appropriation of $109,473.94 to Account No. 1114303-5650/1358114-0 from the Drainage - Etiwanda/San Sevaine (Fund 114) fund balance. M11. Release of Maintenance Bond No. 12077586 in the amount of $1,180.00 for the Public Works Corporate Yard Roofing Repair, Contract No. 2011-076. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meetings—October 17, 2012- Page 5 of 8 M12. Accept the Resurfacing of Tennis Courts at Various Locations Project, Contract No. 12- 044 as complete; release the bonds; approve a Resolution authorizing the Public Works Services Director to file a Notice of Completion, release the retention 35 days after acceptance and approve the final contract amount of$76,031.00. RESOLUTION NO. 12-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE "RESURFACING OF TENNIS COURTS AT VARIOUS LOCATIONS" PROJECT CONTRACT NO. 12-044 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. M13. Approval of Resolutions adopting amendments to the 2012-14 Memoranda of Understanding between the City of Rancho Cucamonga and the Mid-Manager, Supervisory/Professional and General Labor Group, the Executive Management Group and the San Bernardino Public Employees Association. RESOLUTION NO. 12-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE EXECUTIVE MANAGEMENT GROUP FOR THE PERIOD 2012-2014. RESOLUTION NO. 12-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEE LABOR GROUP FOR THE PERIOD 2012-2014. RESOLUTION NO. 12-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION (SBPEA) FOR THE PERIOD 2012- 2014. MOTION: Moved by Spagnolo, seconded by Alexander, to approve the staff recommendations in the staff reports. Motion carried 5-0. N. CITY MANAGER'S STAFF REPORTS - CITY The following items have no legal publication or posting requirements. N1. Library's "Staff Innovation Fund" program update. (PowerPoint) Michelle Perera, Assistant Library Director; Heather Bolton, Secretary; Linda Engelke, Reference Librarian; Wess Garcia Programming Librarian and Margaret Hatanaka, Children's Service Librarian, presented the update. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meetings—October 17, 2012 - Page 6 of 8 N2. Approval of the Rancho Enterprise Geographic Information Systems Connect (REGIS Connect) program of the provision of shared services to other public agencies. Ingrid Bruce, GIS/Special Districts Manager, presented the staff report. In response to Mayor Michael, John Gillison, City Manager, confirmed that the revenue generated would be returned back to GIS and thus reduce their dependency on the General Fund. Also, he requested authorization to approve any agreements with other Agencies. MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendation in the staff report. Motion carried 5-0. N3. (H7.) Presentation and Overview of New Adopted Budget format for Fiscal Year 2012/13. (MOVED TO ITEM N3) Tamara Layne, Finance Director, presented an overview of the new Adopted Budget format for Fiscal Year 2012/13. N4. (1-18.) Animal Center updates on the Furry Friends Festival and Operation Cat Nip. (MOVED TO ITEM N4) Heather Bolton, Secretary, updated the City Council and the audience about the Furry Friends Festival and Operation Cat Nip. O. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. 01. CONSIDERATION OF THE CITY COUNCIL LIBRARY SUB-COMMITTEE'S RECOMMENDATION REGARDING APPOINTMENTS TO THE LIBRARY FUNDATION. Councilmember Williams reported that the Library Sub-Committee is recommending the appointment of Christian Nelson and Heidi Soehnel to the Library Foundation for a three-year term. MOTION: Moved by Spagnolo, seconded by Buquet, to appoint Christian Nelson and Heidi Soehnel to the Library Foundation for a three-year term. Motion carried 5-0. 02. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Mayor Pro Tern Spagnolo and Council Member Buquet addressed the statements made by Mr. Hanlon regarding the candidate forum questions. It was noted that the forum was held by the Alta Loma Riding Club and the questions were included with material provided to the membership. Council Member Buquet addressed the statements made by Mr. Moffatt regarding campaign flings. Council Member Alexander expressed a concern with statements being made about the comments earlier in the evening. He indicated that he had researched the matter and was told that the questions were provided by mistake. Mayor Michael was disappointed with people who criticized elected officials that are doing a good job in the community. Council Member Williams noted that candidates should be able to present their beliefs at forums without advance preparation. Discussion was held. P. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meetings—October 17, 2012 - Page 7 of 8 Q. ADJOURNMENT Mayor L. Dennis Michael adjourned the meeting at 9:02 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meetings—October 17, 2012- Page 8 of 8 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P1 Agenda Check Register 10/10/2012 through 10/30/2012 Check No. Check Date Vendor Name Amoum AP 00329306 2012/10/17 ( ALSCO 241.73 AP 00329306 2012/10/17 ( ALSCO 202.49 AP 00329306 2012/10/17( ALSCO 314.78 AP 00329306 2012/10/17( ALSCO 223.90 AP 00329306 2012/10/17( ALSCO 252.73 AP 00329306 2012/10/171 ALSCO 340.18 AP 00329306 2012/10/171 ALSCO 202.66 AP 00329306 2012/10/17( ALSCO - 99.82 AP 00329306 2012/10/17( ALSCO 206.77 AP 00329320 2012/10/17( CALIFORNIA FIRE CHIEFS ASSOC. 250.00 AP 00329331 2012/10/17 ( CARSON,DANIEL 1,083.40 AP 00329331 2012/10/17( CARSON,DANIEL 75.67 AP 00329341 2012/10/171 CONFIRE JPA 23,430.05 AP 00329341 2012/10/17( CONFIRE JPA 18,744.04 AP 00329341 2012/10/17( CONFIRE JPA 4,686.02 AP 00329345 2012/10/17 f DANIELS TIRE SERVICE 42.00 AP 00329530 2012/10/18( CUCAMONGA VALLEY WATER DISTRICT 1,291.45 AP 00329530 2012/10/18( CUCAMONGA VALLEY WATER DISTRICT 305.43 AP 00329530 2012/10/18( CUCAMONGA VALLEY WATER DISTRICT 55.20 AP 00329545 2012/10/18( UNIFIRST UNIFORM SERVICE 42.05 AP 00329545 2012/10/18 ( UNIFIRST UNIFORM SERVICE 20.71 AP 00329558 2012/10/24 l ALL CITIES TOOLS 75.80 AP 00329558 2012/10/24( ALL CITIES TOOLS 37.34 AP 00329097 2012/10/101 ADAPT CONSULTING INC 655.31 AP 00329100 2012/10/101 AIR&HOSE SOURCE INC. 389.12 AP 00329100 2012/10/10( AIR&HOSE SOURCE INC. 191.65 AP 00329101 2012/10/10( ALL CITIES TOOLS 182.65 AP 00329101 2012/10/10( ALL CITIES TOOLS 89.96 AP 00329102 2012/10/10( ALLSTAR FIRE EQUIPMENT INC 839.91 AP 00329120 2012/10/10( BOUND TREE MEDICAL LLC. 984.98 AP 00329120 2012/10/10( BOUND TREE MEDICAL LLC. 131.40 AP 00329120 2012/10/10( BOUND TREE MEDICAL LLC. 692.72 AP 00329793 2012/10/25 1 CUCAMONGA VALLEY WATER DISTRICT 398.54 AP 00329793 2012/10/25 1 CUCAMONGA VALLEY WATER DISTRICT 134.74 AP 00329125 2012/10/101 CARNES, SANDY 2751 AP 00329125 2012/10/10( CARNES, SANDY 36.43 AP 00329126 2012/10/10( CARQUEST AUTO PARTS 15.06 AP 00329126 2012/10/10( CARQUEST AUTO PARTS 21.53 AP 00329126 2012/10/10( CARQUEST AUTO PARTS 194.04 AP 00329126 2012/10/10( CARQUEST AUTO PARTS 95.57 AP 00329151 2012/10/10( FLEETPRIDE 44.07 AP 00329151 2012/10/10( FLEETPRIDE 54.63 AP 00329155 2012/10/10( FULLER TRUCK ACCESSORIES 4,994.74 AP 00329156 2012/10/10( G AND M BUSINESS INTERIORS 465.87 AP 00329161 2012/10/101 GRAINGER 1,183.80 User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 10/31/: Report: CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 09:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P2 Agenda Check Resister 10/10/2012 through 10/30/2012 Check No. Check Date Vendor Name Amouni AP 00329169 2012/10/10( INFECTION CONTROL EMERGENCY CONCEPTS 60.00 AP 00329176 2012/10/10 ( KME FIRE APPARATUS 980.59 AP 00329176 2012/10/10 ( KME FIRE APPARATUS 482.98 AP 00329176 2012/10/10( KME FIRE APPARATUS 190.55 AP 00329176 2012/10/10 l KME FIRE APPARATUS 93.86 AP 00329176 2012/10/10( KME FIRE APPARATUS 454.57 AP 00329176 2012/10/10( KME FIRE APPARATUS 223.89 AP 00329178 2012/10/10( LIFE ASSIST INC 560.40 AP 00329178 2012/10/10( LIFE ASSIST INC 523.81 AP 00329190 2012/10/10( MIJAC ALARM COMPANY 168.00 AP 00329197 2012/10/10( NEXTEL 162.97 AP 00329201 2012/10/10( OFFICE DEPOT 270.05 AP 00329205 2012/10/10 l PATTON SALES CORP 100.35 AP 00329205 2012/10/10( PATTON SALES CORP 49.42 AP 00329215 2012/10/10( RAYNE WATER CONDITIONING INC 26.25 AP 00329223 2012/10/10( RODRIGUEZ INC,R Y 572.70 AP 00329224 2012/10/10( SAN BERNARDINO CTY 3,168.50 AP 00329224 2012/10/10( SAN BERNARDINO CTY 2,534.80 AP 00329224 2012/10/10 ( SAN BERNARDINO CTY 633.70 AP 00329231 2012/10/10( SONETICS CORPORATION 104.65 AP 00329231 2012/10/10( SONETICS CORPORATION 51.55 AP 00329232 2012/10/10( SOUTH COAST AQMD 115.56 AP 00329232 2012/10/10( SOUTH COAST AQMD 91.90 AP 00329232 2012/10/10( SOUTH COAST AQMD 115.56 AP 00329232 2012/10/10( SOUTH COAST AQMD 310.85 AP 00329236 2012/10/10( SOUTHERN CALIFORNIA EDISON 993.37 AP 00329236 2012/10/10( SOUTHERN CALIFORNIA EDISON 598.74 AP 00329236 2012/10/10( SOUTHERN CALIFORNIA EDISON 1,116.84 AP 00329240 2012/10/10( TERMINIX PROCESSING CENTER 73.00 AP 00329257 2012/10/10 l VAN GAALEN LOCK&KEY 363.56 AP 00329260 2012/10/10( VERIZON CALIFORNIA 12287 AP 00329260 2012/10/10( VERIZON CALIFORNIA 12287 AP 00329261 2012/10/10( VERIZON WIRELESS-LA 1,514.41 AP 00329261 2012/10/10( VERIZON WIRELESS-LA 8258 AP 00329265 2012/10/10 ( VORTEX INDUSTRIES INC 78718 AP 00329267 2012/10/10( WAXIE SANITARY SUPPLY 47788 AP 00329267 2012/10/10( WAXIE SANITARY SUPPLY 47785 AP 00329267 2012/10/10( WAXIE SANITARY SUPPLY 159.29 AP 00329267 2012/10/101 WAXIE SANITARY SUPPLY 28084 AP 00329267 2012/10/10( WAXIE SANITARY SUPPLY 280.84 AP 00329267 2012/10/10( WAXIE SANITARY SUPPLY 93.61 AP 00329273 2012/10/10 ( WINZER CORPORATION 64.14 AP 00329274 2012/10/10( WLC 7,256.54 AP 00329286 2012/10/11 ( DAISY WHEEL RIBBON CO INC 51.97 AP 00329288 2012/10/11 l DAPPER TIRE CO 641.22 User: VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 10/31/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK:Agenda Check Register Portrait Layout Time: 09:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P3 Agenda Check Register 10/10/2012 through 10/30/2012 Check No. Check Date Vendor Name Amount AP 00329288 2012/10/11 ( DAPPER TIRE CO 315.82 AP 00329364 2012/10/171 FLEET SERVICES INC. 184.61 AP 00329364 2012/10/171 FLEET SERVICES INC. 90.92 AP 00329364 2012/10/171 FLEET SERVICES INC. 186.53 AP 00329364 2012/10/171 FLEET SERVICES INC. 91.87 AP 00329365 2012/10/17( FLEETPRIDE 377.26 AP 00329365 2012/10/17 ( FLEETPRIDE 185.81 AP 00329373 2012/10/17( GRAINGER 11.18 AP 00329389 2012/10/17 ( HOYT LUMBER CO., SM 11.63 AP 00329390 2012/10/17( HSBC BUSINESS SOLUTIONS 62.80 AP 00329403 2012/10/17 ( KAMAN INDUSTRIAL TECHNOLOGIES 143.01 AP 00329403 2012/10/171 KAMAN INDUSTRIAL TECHNOLOGIES 70.44 AP 00329411 2012/10/171 LOWES COMPANIES INC. 29.63 AP 00329411 2012/10/171 LOWES COMPANIES INC. 2728 AP 00329411 2012/10/171 LOWES COMPANIES INC. 5.37 AP 00329411 2012/10/171 LOWES COMPANIES INC. 25.85 AP 00329411 2012/10/17 ( LOWES COMPANIES INC. 30.13 AP 00329411 2012/10/17 ( LOWES COMPANIES INC. 6.08 AP 00329411 2012/10/17 ( LOWES COMPANIES INC. 188.99 AP 00329411 2012/10/17 l LOWES COMPANIES INC. 10.21 AP 00329411 2012/10/171 LOWES COMPANIES INC. 19.04 AP 00329411 2012/10/17( LOWES COMPANIES INC. 19.04 AP 00329411 2012/10/171 LOWES COMPANIES INC. 30.08 AP 00329413 2012/10/171 MARIPOSA HORTICULTURAL ENT INC 2,555.24 AP 00329413 2012/10/17 l MARIPOSA HORTICULTURAL ENT INC 2,004.74 AP 00329419 2012/10/17( MK AUTO DETAIL SHOP 83.75 AP 00329419 2012/10/17( MK AUTO DETAIL SHOP 41.25 AP 00329426 2012/10/17( OCCUPATIONAL HEALTH CTRS OF CA 162.97 AP 00329446 2012/10/17 1 RESCUE RESPONSE GEAR LLC 272.54 AP 00329470 2012/10/17 ( SMART AND FINAL 67.34 AP 00329486 2012/10/17 (, TERMINIX PROCESSING CENTER 73.00 AP 00329486 2012/10/17 ( TERMINIX PROCESSING CENTER 81.00 AP 00329486 2012/10/171 TERMINIX PROCESSING CENTER 65.00 AP 00329486 2012/10/171 TERMINIX PROCESSING CENTER 37.00 AP 00329486 2012/10/171 TERMINIX PROCESSING CENTER 37.00 AP 00329500 2012/10/17( VERIZON CALIFORNIA 119.59 AP 00329500 2012/10/17 ( VERIZON CALIFORNIA 42.55 AP 00329500 2012/10/17 ( VERIZON CALIFORNIA 3.94 AP 00329500 2012/10/17( VERIZON CALIFORNIA 40.96 AP 00329500 2012/10/17( VERIZON CALIFORNIA 533.33 AP 00329500 2012/10/171 VERIZON CALIFORNIA 475.64 AP 00329507 2012/10/171 VORTEX INDUSTRIES INC 709.44 AP 00329507 2012/10/171 VORTEX INDUSTRIES INC 1,104.22 AP 00329568 2012/10/241 ARCHITERRA DESIGN GROUP 237.50 AP 00329585 2012/10/24( CARNES, SANDY 88.32 User: VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 10/31/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 09:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P4 Agenda Check Register 10/10/2012 through 10/30/2012 Check No. Check Date Vendor Name Amouni AP 00329617 2012/10/24( FLEET SERVICES INC. 236.61 AP 00329617 2012/10/24( FLEET SERVICES INC. 116.54 AP 00329618 2012/10/24 ( FLEETPRIDE 2742 AP 00329627 2012/10/24 ( GOLDEN STAR TECHNOLOGY INC 11,562.74 AP 00329631 2012/10/24( GRIFFIN, SANDY 26.59 AP 00329637 2012/10/24( HOYT LUMBER CO., SM 22.21 AP 00329637 2012/10/241 HOYT LUMBER CO., SM 1.90 AP 00329642 2012/10/241 INLAND EMPIRE PROPERTY SERVICES INC 315.00 AP 00329642 2012/10/241 INLAND EMPIRE PROPERTY SERVICES INC 1,200.00 AP 00329642 2012/10/24( INLAND EMPIRE PROPERTY SERVICES INC 315.00 AP 00329642 2012/10/24( INLAND EMPIRE PROPERTY SERVICES INC 339.14 AP 00329642 2012/10/24( INLAND EMPIRE PROPERTY SERVICES INC 190.00 AP 00329642 2012/10/24 ( INLAND EMPIRE PROPERTY SERVICES INC 190.00 AP 00329642 2012/10/24 ( INLAND EMPIRE PROPERTY SERVICES INC 190.00 AP 00329659 2012/10/24( KRONOS INC 5,129.34 AP 00329663 2012/10/24( LIGHTHOUSE,THE 274.59 AP 00329663 2012/10/241 LIGHTHOUSE,THE 135.25 AP 00329673 2012/10/24( MARLINK SA INC 135.00 AP 00329683 2012/10/24( MK AUTO DETAIL SHOP 83.75 AP 00329683 2012/10/24( MK AU'rO DETAIL SHOP 41.25 AP 00329708 2012/10/24 ( PH&S PRODUCTS LLC 2,725.00 AP 00329708 2012/10/24 ( PH&S PRODUCTS LLC 1,090.00 AP 00329712 2012/10/241 PROFORMA 917.68 AP 00329719 2012/10/241 RICHARDS WATSON AND GERSHON 1,496.83 AP 00329725 2012/10/24( SC FUELS 858.36 AP 00329725 2012/10/24( SC FUELS 422.77 AP 00329725 2012/10/24( SC FUELS 1,200.00 AP 00329725 2012/10/24 ( SC FUELS 1,992.24 AP 00329725 2012/10/24 ( SC FUELS 1,607.57 AP 00329725 2012/10/24 l SC FUELS 2,391.90 AP 00329725 2012/10/241 SC FUELS 2,391.94 AP 00329729 2012/10/241 SMART AND FINAL 58.44 AP 00329731 2012/10/241 SO CALIF GAS COMPANY 82.68 AP 00329731 2012/10/241 SO CALIF GAS COMPANY 39.41 AP 00329731 2012/10/24( SO CALIF GAS COMPANY 98.58 AP 00329731 2012/10/24( SO CALIF GAS COMPANY 60.09 AP 00329734 2012/10/24( SOUTH COAST AQMD 3,262.34 AP 00329735 2012/10/24 l SOUTH COAST AQMD 3,262.34 AP 00329736 2012/10/241 SOUTH COAST AQMD 3,262.34 AP 00329737 2012/10/24( SOUTH COAST AQMD 3,262.34 AP 00329738 2012/10/241 SOUTH COAST AQMD 823.00 AP 00329743 2012/10/24( SOUTHERN CALIFORNIA EDISON 1,387.86 AP 00329743 2012/10/24( SOUTHERN CALIFORNIA EDISON 2,817.79 AP 00329743 2012/10/24 ( SOUTHERN CALIFORNIA EDISON 1,198.47 AP 00329743 2012/10/24 ( SOUTHERN CALIFORNIA EDISON 2,103.25 User: VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 10/31/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 09:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P5 Agenda Check Register 10/10/2012 through 10/30/2012 Check No. Check Date Vendor Name Amoum AP 00329745 2012/10/24 ( SOUTHERN CALIFORNIA EDISON 15,347.55 AP 00329770 2012/10/24( VERIZON CALIFORNIA 47.67 AP 00329770 2012/10/241 VERIZON CALIFORNIA 41.28 AP 00329770 2012/10/241 VERIZON CALIFORNIA 82.38 AP 00329770 2012/10/241 VERIZON CALIFORNIA 193.76 AP 00329770 2012/10/24( VERIZON CALIFORNIA 176.51 AP 00329770 2012/10/24( VERIZON CALIFORNIA 552.24 AP 00329772 2012/10/24( VORTEX INDUSTRIES INC 1,998.44 AP 00329774 2012/10/24( WAXIE SANITARY SUPPLY 584.82 AP 00329774 2012/10/241 WAXIE SANITARY SUPPLY 584.82 AP 00329774 2012/10/24 ( WAXIE SANITARY SUPPLY 194.94 AP 00329779 2012/10/24( WINZER CORPORATION 126.50 AP 00329779 2012/10/241 WINZER CORPORATION 62.31 AP 00329798 2012/10/291 KILMER, STEPHEN 1,098.64 AP 00329799 2012/10/291 WALKER,KENNETH 320.43 EP 00002875 2012/10/29 l AHUMADA,ALEXANDER R 1,263.69 EP 00002876 2012/10/291 ALMAND, LLOYD 752.86 EP 00002877 2012/10/291 BANTAU, VICTORIA 384.76 EP 00002877 2012/10/291 BANTAU, VICTORIA 842.06 EP 00002878 2012/10/29 ( BAZAL,SUSAN 1,315.75 EP 00002878 2012/10/29( BAZAL, SUSAN 899.65 EP 00002879 2012/10/29( BERRY, DAVID 819.26 EP 00002880 2012/10/29( BILLINGS, ESTER 225.99 EP 00002881 2012/10/29 l CARNES,KENNETH 631.44 EP 00002882 2012/10/291 CLABBY,RICHARD 819.26 EP 00002883 2012/10/291 CORCORAN,ROBERT 1,700.78 EP 00002884 2012/10/29 1 COX,FAYE 165.81 EP 00002885 2012/10/291 COX,KARL 752.86 EP 00002886 2012/10/291 CRANE, RALPH 2,215.40 EP 00002887 2012/10/291 CROSSLAND, WILBUR 443.62 EP 00002888 2012/10/29 l DAGUE,JAMES 1,700.78 EP 00002889 2012/10/29( DE ANTONIO, SUSAN 794.39 EP 00002890 2012/10/29( DOMINICK, SAMUEL A. 1,700.78 EP 00002891 2012/10/29( EAGLESON,MICHAEL 2,244.61 EP 00002892 2012/10/29( FRITCHEY, JOHN D. 631.44 EP 00002893 2012/10/29( HEYDE,DONALD 1,700.78 EP 00002894 2012/10/291 INTERLICCHIA,ROSALYN 739.03 EP 00002894 2012/10/291 INTERLICCHIA, ROSALYN 961.75 EP 00002895 2012/10/291 LANE, WILLIAM 2,244.61 EP 00002896 2012/10/29( LEE,ALLAN 1,405.36 EP 00002897 2012/10/29( LENZE,PAUL E 1,215.87 EP 00002898 2012/10/29( LONGO, JOE 165.81 EP 00002899 2012/10/291 LUTTRULL,DARRELL 631.44 EP 00002900 2012/10/291 MACKALL,BENJAMIN 165.81 EP 00002901 2012/10/291 MAYFIELD, RON 2,913.62 User: VLOPEZ-VERONICA LOPEZ Page: 5 Current Date: 10/31/: Report: CK_AGENDA_REG_PORTRAIT_RC-CK:Agenda Check Register Portrait Layout Time: 09:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P6 Agenda Check Register 10/10/2012 through 10/30/2012 Check No. Check Date Vendor Name Amount EP 00002902 2012/10/29( MCKEE,JOHN 1,451.08 EP 00002903 2012/10/29( MCMILLEN,LINDA 448.17 EP 00002903 2012/10/291 MCMILLEN, LINDA 304.69 EP 00002904 2012/10/29( MCNEIL, KENNETH 2,215.40 EP 00002905 2012/10/291 MICHAEL, L. DENNIS 1,226.82 EP 00002906 2012/10/291 MORGAN,BYRON 2,010.82 EP 00002907 2012/10/29 t MYSKOW, DENNIS 819.26 EP 00002908 2012/10/29( NAUMAN,MICHAEL 819.26 EP 00002909 2012/10/29( NEE,RON 2,913.62 EP 00002910 2012/10/29( NELSON,MARY JANE 165.81 EP 00002911 2012/10/29 ( PLOUNG,MICHAEL J 819.26 EP 00002912 2012/10/29 ( POST,MICHAEL R 1,575.82 EP 00002913 2012/10/29( ROEDER,JEFF 2,244.61 EP 00002914 2012/10/29( SALISBURY,THOMAS 1,774.52 EP 00002915 2012/10/291 SMITH,RONALD 819.26 EP 00002916 2012/10/291 SPAGNOLO, SAM 443.62 EP 00002917 2012/10/291 SPAIN,WILLIAM 631.44 EP 00002918 2012/10/29( SULLIVAN,JAMES 913.52 EP 00002919 2012/10/29( TAYLOR, STEVE 1,215.87 EP 00002920 2012/10/29( TULEY,TERRY 1,700.78 EP 00002921 2012/10/29( VANDERKALLEN,FRANCIS 1,774.52 EP 00002922 2012/10/29( WOLFE,JACKIE 1,051.70 EP 00002923 2012/10/29( YOWELL,TIMOTHY A 2,913.62 Total for Entity: 246,075.99 User: VLOPEZ-VERONICA LOPEZ Page: 6 Current Date: 10/31/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 09:5 P7 STAFF REPORT - FIRE PROTECTION DISTRICT RANCHO Date: November 7, 2012 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Michael Courtney, Fire Facilities Supervisor Pamela J. Pane, Management Analyst II Subject: RECOMMENDATION TO REJECT ALL BIDS RECEIVED FOR THE GENERATOR UPGRADE PROJECT AT THE SAN BERNARDINO (172), JERSEY (174) AND BANYAN (175) STATIONS AND THE FIRE MAINTAINENCE FACILITY AND TO CANCEL THE GENERATOR UPGRADE PROJECT AT THE SAN BERNARDINO (172), JERSEY (174) AND BANYAN (175) STATIONS AND THE FIRE MAINTAINENCE FACILITY RECOMMENDATION: Staff recommends that the Fire Board reject all bids received for the Generator Upgrade Project at the San Bernardino (172), Jersey (174) and Banyan (175) Stations and the Fire Maintenance Facility and cancel the Generator Upgrade Project at the San Bernardino (172), Jersey (174) and Banyan (175) stations and the Fire Maintenance Facility. BACKGROUND/ANALYSIS: Per previous Fire Board action, bids were solicited, received and opened on October 9, 2012, for the subject project. The Engineer's estimate was $250,000.00. One bid was received. Staff has reviewed the bid received and requests the Fire Board reject all bids and cancel the Generator Upgrade Project at the San Bernardino (172), Jersey (174) and Banyan (175) Stations and the Fire Maintenance Facility. The purpose of this project was to comply with the South Coast Air Quality Management District (SCAQMD) Rule 1110.2 — Emissions from Gaseous-And Liquid-Fueled Engines. During a meeting on October 9, 2012, with SCAQMD, City and Rancho Cucamonga Fire Protection District (District) staff, including Deputy Chief Cloughesy and the Fire Facilities Supervisor, it was determined by SCAQMD that the District will be given permission to permit the aforementioned generators in their existing state based on the permitting standards in place when they were originally installed. This decision came after much diligence of staff continuing-to address the issues with the SCAQMD. P8 FIRE DISTRICT GENERATOR UPGRADE PROJECT PAGE 2 NOVEMBER 7,2012 The change in the SCAQMD's decision has resulted in the savings of hundreds of thousands of dollars that would have been spent to upgrade the existing generators. Proper application, registration and fees will need to be completed before receiving the proper permits and are in process. Therefore, the "Generator Upgrade project" can be cancelled with no further restrictions anticipated from the SCAQMD. Respectfully submitted, Mike Bell Fire Chief P9 STAFF REPORT - RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: November 7, 2012 C,UCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II Subject: APPROVAL TO ADOPT AN ANNEXATION MAP SHOWING ASSESSOR PARCEL NUMBER 1077-401-19 (JOE M, MUNOZ OWNER), LOCATED ON CENTER AVE., BETWEEN FOOTHILL BLVD. AND CHURCH ST., WHICH IS PROPOSED TO BE ANNEXED INTO CFD NO. 85-1 RECOMMENDATION Adoption of a resolution adopting Annexation Map No. 12-6 showing property (located on Center Ave. between Foothill Blvd. and Church St.) proposed to be annexed into Community Facilities District (CFD) No. 85-1. BACKGROUND Joe M. Munoz, owner of certain property (APN 1077-401-19) located within the Fire Protection District, is conditioned to annex into Community Facilities District (CFD) No. 85-1. In order to initiate formal proceedings to annex the referenced parcel into CFD No. 85-1, a Resolution adopting an annexation map is presented for Board consideration and approval. The annexation map (Exhibit "A") illustrates the territory proposed to be annexed. The territory is inclusive of the entire development project proposed by the owner. Respectf y submitted, Mike Bell Fire Chief Attachments 1. Annexation Map 2. Resolution No FD 12-050 P10 EXHIBIT 'A' ANNEXATION MAP No. L a_to G CCMIM&N FACBJlIE5=7MCTMO.BSI OF 7NERAN: CtAaWW IF EAWO]ECIK LWRVT COl6 a-S4NBERNARMNO,SWECFCAUFaY AU2 r ArmNIYI r SNM!mwr/O/Aft a[ALS u m x exrtl/r R x rowmnrcm m xAwAe AClLfQtID mrAw)ewam�x dlf/Ei�l BiOd e 4W*rd �� i _- -- ID Lora fl Ate, ft I I ,A�6 �• Atrfmft I �` I a I v I'a I g Vol veo !� Fe" AuwoCS0Y0IDI AiENA7/EL7A11cvnwrcBw yn4mV LE24L CEMOMor aIDw xor¢Rx.a�AnRxwvn ewmsrr�vennr I0f�R1131Cfe rrw a+ncr reAr rB wn nwoC/n vam, Y44.L p'/wMl➢6 OW R !V_� 11ID6 R SVM wwwaam meer.W/Orx HAEAPB HG/86Y1 �r woo anYOrw wr nmu;rou nmry ne r ww�a r a rrm rr z/tclav SPiC R fMMM MI[D u //EHHI QIL/lI AM)x MN YV 9LlIY Llbtl6 R I(M/O!Y RPOIID m 4Na YMICIFD m 0.WMIY MLi/2516141/4 l0-I R x.W00 LiO11OiIA lM IRVM1PSIV lJ CCWIY R SM'4wKr9 SAIL R WkmN r6 WI1 S Mnl.N 4/PLj/IJ N3i .NRgFD BY x @9YID R R[C906'R SLQ'HY M9]6Ip[6'P1Cl A)A.YWM l�H EpRS nrmuluv AA we ArmrAw rAwosx rm. MrMn MLr3 mAnAA bIRxAMpp amrocv nz aola+a/ 61W�II0A81DLYlfM/YRL17ffifB�L? Dfl/m4 mM'R Sw'S1AYiG.NI[R pIOM/Mt A®®OI u wor_R rs RAl4tiyBf i arwn ��u��w��w x wa R x Mr1Y A6Apw mR oA3 r r6 wa aID YY1 wa�ar rry VAS �rVR ID12.V��MwAf�RAr4 RASVma�AO ar.arr woes e®oJ u nrz_u x AAA.o) R MDLAWM RZ ASSC� 0GY6 OtlIDfA MVfJO 6d1101p/lC rOl6Tw LRIT �� SA]C R OWOTOI MIIM1 R SW iWYI�Im 0FAM/EL4HW P11 RESOLUTION NO. FD 12-050 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 12-6) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the 'Board of Directors'), desires to initiate proceedings to annex territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, there has been submitted a map entitled "Annexation Map No. 12-6 to Community Facilities District No. 85-1, Rancho Cucamonga Fire Protection District, County of San Bernardino, State Of California' (the "Annexation Map') showing the territory proposed to be annexed to the District (the "Territory"). NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1: The above recitals are all true and correct. SECTION 2: The Annexation Map showing the Territory proposed to be annexed to the District and to be subject to the levy of a special tax is hereby approved and adopted. SECTION 3: A certificate shall be endorsed on the original and on at least one (1) copy of the Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to the District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. P12 PASSED, APPROVED and ADOPTED this day of .12012. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the_day of 2012. Executed this_day of 2012 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 12-050 - Page 2 of 2 P13 STAFF REPORT - RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: November 7, 2012 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II Subject: APPROVAL TO ADOPT A RESOLUTION OF INTENTION TO ANNEX TERRITORY REFERRED TO AS ANNEXATION NO.1 2-6(APN:107740149—JOE M.MUNOZ,OWNER)LOCATED ON CENTER AVE,BETWEEN FOOTHILL BLVD.AND CHURCH ST. INTO COMMUNITY FACILITIES DISTRICT NO.85-1,SPECIFYING SERVICES PROPOSED TO BE FINANCED,TO SET AND SPECIFYTHE SPECIAL TAXES PROPOSED TO BE LEVIED WITHIN THE ANNEXATION TERRITORYAND SET A TIME AND PLACE FOR A PUBLIC HEARING RELATED TO THE ANNEXATION RECOMMENDATION Adoption of a Resolution of Intention to Annex Territory referred to as Annexation No. 12-6 into Community Facilities District No. 85-1 (the "District"), to specify the services to be financed, to set and specify the rate and method of apportionment of the special taxes proposed to be levied within the territory proposed to be annexed and to set a time and place for a public hearing regarding the annexation. BACKGROUND Joe M. Munoz, owner of certain property (APN 1077-401-19) within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts. In order to initiate formal annexation proceedings, the Fire Board is being asked to adopt a resolution approving an annexation map of the territory proposed to be annexed and a Resolution of Intention to Annex. The Resolution of Intention generally sets forth: (a) the District's intention to annex the Territory to the District; (b) the facilities and services which will, in part, be financed (Exhibit "A" of said Resolution) through the levy of the special tax on the Territory if annexed; (d) the rate and method of apportionment of the proposed special tax (Exhibit "B" of said Resolution); (e) the date, time and location of the public hearing set for December 19, 2012 and (f) election requirements. P14 RESOLUTION OF INTENTION TO ANNEX NOVEMBER 7, 2012 Warren Diven, Special Counsel for the District, has worked with staff to establish the annexation process, timelines and draft resolutions. The resolution is considered to be routine and non-controversial, as the property owners are in support of the annexation procedure. On December 19, 2012, there will be a public hearing for public input/concerns on this matter. Respectfully submitted, Mike Bell Fire Chief Attachments 1. Resolution No FD 12-051 2. CFD 85-1 Map P15 RESOLUTION NO. FD 12-051 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION.NO. 12-6) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, (`Board of Directors'), formed a Community Facilities District pursuant to the terms and provisions of the"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act'). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District'); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the "Territory"); and WHEREAS, a map entitled "Annexation Map No. 12-6 to Community Facilities District No. 85-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the "Annexation Map") showing the Territory proposed to be annexed to the District has been submitted, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the Territory to District, to describe the territory included within District and the Territory proposed to be annexed thereto,to specify the facilities and services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such facilities and services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW,THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: RECITALS SECTION 1: The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2: These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. INTENTION TO ANNEX: DESCRIPTION OF TERRITORY AND THE DISTRICT SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. P16 A description of the Territory is as follows: All that property within the Territory proposed to be annexed to the District, as such property is shown on the Annexation Map as previously approved by this legislative body, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. SERVICES AND FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4: The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as the performance by employees of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the territory within the existing District. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Services. The services proposed to be provided within the Territory and to be financed by the District from the proceeds of special taxes levied within Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference (the"Services"). If and to the extent feasible the services shall be provided in common within the existing District and the Territory. The facilities that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as (a) the acquisition of land for fire stations, (b) design and construction of fire stations and (c) purchase and acquisition of fire suppression apparatus and equipment. The facilities proposed to be financed by the District from the proceeds of special taxes levied in the Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference. If and to the extent that it is feasible the facilities shall be provided in common for the existing District and the Territory. Resolution No. 12-051 - Page 2 of 9 Cdr P17 SPECIAL TAXES SECTION 5: It is the further intention of this Board of Directors body that, except where funds are otherwise available, a special tax sufficient to pay forthe Services, Facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit B (the "Special Tax Formula"),which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services and Facilities in the existing District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the Services and Facilities in the Territory is higher or lower than the cost of providing those Services and Facilities in the existing District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. Resolution No. 12-051 - Page 3 of 9 tY P18 PUBLIC HEARING SECTION 6: NOTICE IS GIVEN THAT ON THE 19th DAY OF DECEMBER 2012,AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA,A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. MAJORITY PROTEST SECTION 7: If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or(d) owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. Resolution No. 12-051 - Page 4 of 9 P19 ELECTION SECTION 8: Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. NOTICE SECTION 9: Notice of the time and place of the public hearing shall be given by the Secretary by publication in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. Resolution No. 12-051 - Page 5 of 9 P20 PASSED, APPROVED and ADOPTED this day of 2012. AYES: NOES: ABSENT: ABSTAINED:. L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the_day of 2012. Executed this day of 2012, at Rancho Cucamonga, California Janice C. Reynolds, Secretary Resolution No. 12-051 - Page 6 of 9 P21 EXHIBIT 'A' COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services (the"Services")that are in addition to those currently provided in or required for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intention of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the "Facilities") that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment,with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Resolution No. 12-051 - Page 7 of 9 P22 EXHIBIT 'B' COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 12-6 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 12-6 for Fiscal Year 2012-2013 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($154.78) Multi-Family 2 DU: 1.75 = ($154.78) 3 DU: 2.25 = ($154.78) 4 DU: 2.65 = ($154.78) 5-14 DU: 2.65 = ($154.78) + {.35 (TU-4) ($154.78)} 15-30 DU: 6.15 = ($154.78) + (.30 (TU-14) ($154.78)} 31-80 DU: 10.65 = ($154.78) + {.25 (TU-30) ($154.78)} 81 — up DU: 23.15 = ($154.78) + {.20 (TU-80) ($154.78)1 Commercial ($154.78) per acre + $.084 per SF Industrial ($154.78) per acre + $102 per SF Note: DU = Dwelling Unit TU = Total Units SF = Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2012 and each July 1S`thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Resolution No. 12-051 - Page 8 of 9 P23 REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; where a "certificate of occupancy" or "utility release' from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services— Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Resolution No. 12-051 - Page 9 of 9 O N co Q 1 Q 'y D O N C U U o AV AJJay'J �. 4 k C i._.._.._.._. J ti.r C Q _ ci Q ! cc L o o m i . _ � �^V ise3 in !AV epuenn43 AV epuM j i i O i eQ AV Jals9yOO8 ny Jalsayooa r• i AV uaMlll!lry I_.._.._.._.._ ^V ualllll!W i i i AV uaneH ny uaneH i i AV esowJaH _ AV esOwJaH ^V ple4!yoJV o ^V PleglyoJV I m i AV uewllaH i AV uewllaH m r AV p eRauln IS uellaweo ! �I III F I Iia r' AV I �� •�� a� sl €gd g L._S .r•�r• C m x U) �E°1�$E�tjfitS5 _..r••�•,• 0) y t O ._.._../.._.._. _.. N PP LL T g z = m9a xs la �� P25 STAFF REPORT - ENGINEERING SERVICES DEPARTMENT RANCHO Date: November 7, 2012 CUCAMONGA To: Mayor and Members of the Successor Agency John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineerom'? Shelley Hayes, Assistant Engineer !�ik Subject: RELEASE OF MAINTENANCE GUARANTEE BOND NO. 12068441 IN THE AMOUNT OF $625,187.43, FOR THE HELLMAN AVENUE MASTER PLANNED STORM DRAIN AND STREET IMPROVEMENTS — PHASE 1 FROM 9T" STREET TO SAN BERNARDINO ROAD, CONTRACT NO. RA10-010 RECOMMENDATION It is recommended that the Successor Agency authorize the City Clerk to release the Maintenance Guarantee Bond No. 12068441 in the amount of $625,187.43, for the Hellman Avenue Master Planned Storm Drain and Street Improvements — Phase 1 from 9`" Street to San Bernardino Road, Contract No. RA10-010. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Garcia Juarez Construction Inc. P. O. Box 309 Brea, CA 92822 Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/JAD/SH:Is P26 VICINITY MAP -- L ,urux n. I 6 I �'"`_.•._� �. J.._:lam •I / Il c—_�Jq_. MMf�pt-z _- UPLAND �� •• { I 11 per 3 "rssree PROJECT hose— ONTARIO is CITY OF RANCHO CUCAMONGA HELLMAN AVENUE MASPER PLANNED STORM DRAIN AM STREET B PROVINIMM PHASE-1 N (FROM 9TH ST. TO SAN HMMMINO RD.) N.T.S. n CITY OF RANCHO CUCAMONGA P27 A$zenda Check Relzister 10/10/2012 through 10/30/2012 Check No. Check Date Vendor Name Amoum AP 00329355 2012/10/17( EN POINTE TECHNOLOGIES SALES INC 4,653.84 AP 00329356 2012/10/17( ERGON ASPHALT AND EMULSIONS 205.36 AP 00329357 2012/10/17( ESTRELLA'S 465.00 AP 00329359 2012/10/17 ( FASTENAL COMPANY 71.86 AP 00329359 2012/10/17 l FASTENAL COMPANY 34.03 AP 00329360 2012/10/17( FEDERAL EXPRESS CORP 21.85 AP 00329360 2012/10/17( FEDERAL EXPRESS CORP 18.73 AP 00329362 2012/10/17( FIRST CLASS HEATING& AIR INC. 6,200.00 AP 00329366 2012/10/17( FLORES,MONICA 180.00 AP 00329373 2012/10/17( GRAINGER 75.51 AP 00329373 2012/10/17( GRAINGER 11.33 AP 00329373 2012/10/17( GRAINGER 127.84 AP 00329372 2012/10/17( GOVERNMENT FINANCE OFFICERS ASSOCIATIC 50.00 AP 00329371 2012/10/17 ( GILKEY,JOHN 200.00 AP 00329370 2012/10/17 ( GATEWAY ACCEPTANCE COMPANY 4,900.04 AP 00329369 2012/10/17( GAIL MATERIALS 546.83 AP 00329368 2012/10/17( FRAZEE PAINT CENTER 828.33 AP 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2012/10/17( INDEPENDENT STATIONERS 39.94 AP 00329395 2012/10/17( INDEPENDENT STATIONERS 1,862.45 AP 00329395 2012/10/17( INDEPENDENI'STATIONERS 68.86 AP 00329395 2012/10/171 INDEPENDENT STATIONERS 102.79 AP 00329395 2012/10/171 INDEPENDENTI'STATIONERS 153.87 AP 00329400 2012/10/17 1 JOHN DEERE LANDSCAPES 411.00 AP 00329399 2012/10/171 JDC INC 8,953.00 AP 00329399 2012/10/171 JDC INC 3,317.00 AP 00329399 2012/10/17( JDC INC 3,620.00 AP 00329398 2012/10/171 INTEGRITY DOOR& HARDWARE INC 1,888.79 AP 00329397 2012/10/17( INLAND VALLEY COUNCIL OF CHURCHES 1,250.00 AP 00329396 2012/10/17 l INLAND FAIR HOUSING AND MEDIATION BOAR 569.72 AP 00329396 2012/10/17( INLAND FAIR HOUSING AND MEDIATION BOAR 635.64 AP 00329395 2012/10/17( INDEPENDENT STATIONERS 67.24 AP 00329408 2012/10/17( LOS ANGELES FREIGHTLINER 3.12 AP 00329407 2012/10/17( LIEBERT CASSIDY WHITMORE 55.00 AP 00329406 2012/10/17( LAKESHORE LEARNING MATERIALS 322.79 AP 00329406 2012/10/17( LAKESHORE LEARNING MATERIALS 125.20 AP 00329405 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62.30 AP 00329411 2012/10/171 LOWES COMPANIES INC. 162.91 AP 00329411 2012/10/17( LOWES COMPANIES INC. 8.17 AP 00329411 2012/10/17( LOWES COMPANIES INC. 1.42 AP 00329411 2012/10/171 LOWES COMPANIES INC. -4.03 User: VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 10/31/: Report: CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 09:2 CITY OF RANCHO CUCAMONGA P29 Agenda Check Register 10/10/2012 through 10/30/2012 Check No. Check Date Vendor Name Amoum AP 00329411 2012/10/171 LOWES COMPANIES INC. 53.61 AP 00329411 2012/10/171 LOWES COMPANIES INC. 4.03 AP 00329411 2012/10/171 LOWES COMPANIES INC. 35.53 AP 00329411 2012/10/171 LOWES COMPANIES INC. 2.42 AP 00329411 2012/10/171 LOWES COMPANIES INC. 345.88 AP 00329411 2012/10/171 LOWES COMPANIES INC. 280.02 AP 00329411 2012/10/171 LOWES COMPANIES INC. 75.83 AP 00329411 2012/10/171 LOWES COMPANIES INC. 33.35 AP 00329411 2012/10/171 LOWES COMPANIES INC. 17.37 AP 00329411 2012/10/17( LOWES COMPANIES INC. 358.15 AP 00329411 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CALIFORNIA EDISON 8,736.57 AP 00329478 2012/10/17( SOUTHERN CALIFORNIA EDISON 3,658.91 AP 00329478 2012/10/17( SOUTHERN CALIFORNIA EDISON 5,973.72 AP 00329478 2012/10/17( SOUTHERN CALIFORNIA EDISON 12,478.45 AP 00329478 2012/10/17 ( SOUTHERN CALIFORNIA EDISON 4,372.43 AP 00329478 2012/10/17 ( SOUTHERN CALIFORNIA EDISON 1,759.39 AP 00329478 2012/10/17 1 SOUTHERN CALIFORNIA EDISON 11,187.15 AP 00329478 2012/10/17 l SOUTHERN CALIFORNIA EDISON 4,960.23 AP 00329478 2012/10/17 1 SOUTHERN CALIFORNIA EDISON 4,823.88 AP 00329478 2012/10/17( SOUTHERN CALIFORNIA EDISON 36.23 AP 00329478 2012/10/17 ( SOUTHERN CALIFORNIA EDISON 14,451.31 AP 00329479 2012/10/17 ( SOUTHERN CALIFORNIA EDISON 117.54 AP 00329480 2012/10/17 ( SOUTHLAND FARMERS MARKET ASSOC INC 276.00 AP 00329480 2012/10/17 ( SOUTHLAND FARMERS MARKET ASSOC INC 211.00 AP 00329480 2012/10/17 ( SOUTHLAND FARMERS MARKET ASSOC INC 186.00 User: VLOPEZ-VERONICA LOPEZ Page: 11 Current Date: 10/31/: Report: CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 09:2 CITY OF RANCHO CUCAMONGA P38 Agenda Check Register 10/10/2012 through 10/30/2012 Check No. Check Date Vendor Name Amoum AP 00329480 2012/10/17 1 SOUTHLAND FARMERS MARKET ASSOC INC 92.00 AP 00329480 2012/10/17( SOUTHLAND FARMERS MARKET ASSOC INC 227.00 AP 00329480 2012/10/171 SOUTHLAND FARMERS MARKET ASSOC INC 130.00 AP 00329481 2012/10/17( SOUTHLAND SPORTS OFFICIALS 368.00 AP 00329482 2012/10/17 ( SPARKLETTS 48.94 AP 00329483 2012/10/17 ( SPOONFACTORY 210.00 AP 00329484 2012/10/17 l STOVER SEED COMPANY 2,909.25 AP 00329485 2012/10/17( SUNGARD PUBLIC SECTOR INC 11,566.00 AP 00329487 2012/10/17( TRAFFIC PARTS 2,097.38 AP 00329488 2012/10/17( U S LEGAL SUPPORT INC 27.50 AP 00329488 2012/10/17 1 U S LEGAL SUPPORT INC 95.66 AP 00329488 2012/10/171 U S LEGAL SUPPORT INC 152.90 AP 00329488 2012/10/171 U S LEGAL SUPPORT INC 75.50 AP 00329488 2012/10/171 U S LEGAL SUPPORT INC 135.50 AP 00329488 2012/10/171 U S LEGAL SUPPORT INC 85.78 AP 00329488 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36.55 AP 00329504 2012/10/17( VERIZON WIRELESS- LA 36.61 AP 00329504 2012/10/17( VERIZON WIRELESS- LA 36.57 AP 00329504 2012/10/17( VERIZON WIRELESS- LA 36.79 AP 00329504 2012/10/17 l VERIZON WIRELESS- LA 36.57 AP 00329504 2012/10/17( VERIZON WIRELESS- LA 36.55 AP 00329504 2012/10/17( VERIZON WIRELESS- LA 36.55 AP 00329504 2012/10/17( VERIZON WIRELESS- LA 75.95 AP 00329504 2012/10/17( VERIZON WIRELESS - LA 36.55 AP 00329504 2012/10/17( VERIZON WIRELESS - LA 36.55 AP 00329504 2012/10/17( VERIZON WIRELESS - LA 36.55 AP 00329504 2012/10/17( VERIZON WIRELESS - LA 36.55 AP 00329504 2012/10/17( VERIZON WIRELESS - LA 36.55 User: VLOPEZ-VERONICA LOPEZ Page: 14 Current Date; 10/31/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK:Agenda Check Register Portrait Layout Time: 09:2 CITY OF RANCHO CUCAMONGA P41 Agenda Check Reeister 10/10/2012 through 10/30/2012 Check No. Check Date Vendor Name Amoum AP 00329504 2012/10/17( VERIZON WIRELESS- LA 34.70 AP 00329504 2012/10/17( VERIZON WIRELESS- LA 36.55 AP 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Time: 09:2 CITY OF RANCHO CUCAMONGA P43 Agenda Check ReEister 10/10/2012 through 10/30/2012 Check No. Check Date Vendor Name Amount AP 00329590 2012/10/241 . 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125.00 AP 00329291 2012/10/11 ( HOLLIDAY ROCK CO INC 769.13 AP 00329291 2012/10/11 ( HOLLIDAY ROCK CO INC 426.99 AP 00329290 2012/10/11 l GENERATOR SERVICES CO 4,032.70 AP 00329290 2012/10/11 l GENERATOR SERVICES CO 2,639.88 AP 00329289 2012/10/11 ( EWING IRRIGATION PRODUCTS 1,066.81 AP 00329289 2012/10/111 EWING IRRIGATION PRODUCTS 245.19 AP 00329289 2012110/11 ( EWING IRRIGATION PRODUCTS 19.93 AP 00329288 2012/10/11 ( DAPPER TIRE CO -496.01 AP 00329288 2012/10/11 ( DAPPER TIRE CO 604.18 AP 00329288 2012/10/11 ( DAPPER TIRE CO 774.54 AP 00329287 2012/10/11 ( DAPPER TIRE CO 365.80 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 478.89 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 216.73 AP 00329285 2012/10/11 l CUCAMONGA VALLEY WATER DISTRICT 130.86 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 1,103.03 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 776.17 AP 00329285 2012/10/11 l CUCAMONGA VALLEY WATER DISTRICT 276.33 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 372.54 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 69.96 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 148.18 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 306.15 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 1,125.49 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 5,654.80 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 1,099.93 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 2,549.75 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 57.74 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 349.82 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 72.19 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 184.46 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 249.00 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 463.77 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 96.94 AP 00329285 2012/10/11 1 CUCAMONGA VALLEY WATER DISTRICT 95.14 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 294.79 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 171.30 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 435.02 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 146.86 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 227.70 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 150.62 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 125.22 AP 00329285 2012/10/11 l CUCAMONGA VALLEY WATER DISTRICT 452.57 AP 00329285 2012/10/11 1 CUCAMONGA VALLEY WATER DISTRICT 298.41 User: VLOPEZ-VERONICA LOPEZ Page: 51 Current Date: 10/31/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 09:2 CITY OF RANCHO CUCAMONGA P78 Agenda Check Register 10/10/2012 through 10/30/2012 Check No. Check Date Vendor Name Amoum AP 00329285 2012/10/11 ( . CUCAMONGA VALLEY WATER DISTRICT 443.17 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 451.10 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 1,226.79 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 1,258.82 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 638.93 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 482.65 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 364.21 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 955.08 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 954.96 AP 00329285 2012/10/11 ( CUCAMONGA VALLEY WATER DISTRICT 848.88 AP 00329268 2012/10/101 WELLS FARGO BANK N A 1,000.00 AP 00329268 2012/10/101 WELLS FARGO BANK N A 1,000.00 AP 00329268 2012/10/10( WELLS FARGO BANK N A 1,000.00 AP 00329268 2012/10/10( WELLS FARGO BANK N A 2,000.00 AP 00329269 2012/10/10( WESCO RECEIVABLES CORP 834.85 AP 00329269 2012/10/10( WESCO RECEIVABLES CORP 1,662.80 AP 00329270 2012/10/10( WESTCOAST MEDIA 450.25 AP 00329270 2012/10/10( WESTCOAST MEDIA 450.25 AP 00329271 2012/10/101 WESTERN HIGHWAY PRODUCTS INC 1,281.49 AP 00329272 2012/10/101 WILSON AND BELL 1,253.02 AP 00329272 2012/10/10( WILSON AND BELL 215.28 AP 00329275 2012/10/10( WORD MILL PUBLISHING 362.50 AP 00329275 2012/10/10( WORD MILL PUBLISHING 362.50 AP 00329275 2012/10/10( WORD MILL PUBLISHING 1,150.00 AP 00329276 2012/10/10( XTREME DETAILING 450.00 AP 00329277 2012/10/10( YAMAHA OF CUCAMONGA 4,999.00 AP 00329278 2012/10/10( ZEE MEDICAL INC 535.00 AP 00329278 2012/10/10( ZEE MEDICAL INC 605.00 AP 00329278 2012/10/10 1 ZEE MEDICAL INC 203.58 AP 00329278 2012/10/101 ZEE MEDICAL INC 766.26 AP 00329279 2012/10/101 ZEP MANUFACTURING COMPANY 2,257.47 EP 00002865 2012/10/10 l FORTISTAR METHANE GROUP LLC 109,093.13 EP 00002865 2012/10/10( FORTISTAR METHANE GROUP LLC 81,228.82 EP 00002866 2012/10/10( RIVERSIDE, CITY OF 6,052.00 EP 00002867 2012/10/10( SHELL ENERGY NORTH AMERICA 169,401.60 EP 00002869 2012/10/17 ( CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 1,405.00 EP 00002869 2012/10/17 ( CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 6,925.00 EP 00002870 2012/10/17 ( CHAFFEY JOINT UNION HS DISTRICT 522.72 EP 00002871 2012/10/17 ( RCPFA 9,738.22 EP 00002872 2012/10/171 VIASYN INC 3,184,00 EP 00002873 2012/10/17( CONSTELLATION ENERGY COMMODITIES GROI 193,704.00 Total for Entity: 4,120,671.45 User: VLOPEZ- VERONICA LOPEZ Page: 52 Current Date: 10/31/: Report CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 09:2 P79 STAFF REPORT C1TY NLINAGER'S OFFICE' -� RANCHO Date: October 31, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Alana Rivadeneyra, Sustainability Coordinator Subject: Amendment to the Agreement with EV Connect LLC and ClipperCreek Inc., to Participate in Reconnect California Program and Upgrade Four Additional Electric Vehicle Charging Stations at Various City Facilities to be Funded by the California Energy Commission RECOMMENDATION It is recommended that the City Council approve Amendment 1 to the agreement with EV Connect LLC and ClipperCreek Inc. for the upgrade of four (4) additional public Electric Vehicle (EV) charging stations using grant funding made available under the California Energy Commission Reconnect grant. BACKGROUND A new generation of electric vehicles has emerged as the leading alternative fuel vehicle for those interested in reducing their dependence on petroleum and its rising cost, and decreasing their vehicle-related emissions that contribute to poor air quality and greenhouse gas emissions. The new electric vehicle technology, and its universal charging compatibility, has been embraced by many of the leading car manufacturers. The public has begun to purchase electric vehicles and efforts to provide a charging infrastructure in major California metropolitan areas are underway. EV charger manufacturer ClipperCreek received California Energy Commission funding through the Reconnect California Program to update existing, yet obsolete, electric vehicle infrastructure that they originally installed. The charging unit to be installed is the ClipperCreek Level II (240 volt) CS- 40 unit which supports existing and proposed rollouts of electric and plug-in hybrid vehicles. This unit will sufficiently charge an electric vehicle in 2 to 3 hours. EV Connect LLC is the grant facilitator and installation company working with ClipperCreek to install these units. Rancho Cucamonga was able to upgrade EV charging stations through this program and in January 2012 seven (7) public EV charging stations were installed at the following locations: Animal Care & Adoption Center (1), Metrolink Station (2), Civic Center public parking lot (1), Archibald Library (1), Heritage Park (1), and Red Hill Park (1). Rancho Cucamonga has the opportunity to upgrade additional public EV charging stations at no cost through the Reconnect California grant. Reconnect grant funds will cover the entire cost of the manufacturer's charging unit and its installation. The City is not responsible for paying any portion of the unit or its installation. Nominal costs to the City include the placement of signs and the cost of energy used. These costs can be absorbed into the existing operational budget. The signs will designate the parking space for electric vehicles only and places a time limit. The signs will also inform the public that the charging stations are part of a grant funded pilot program. P80 AA18NDnIENTTO,r tAGREEMEN"I'wrni EV CONN ECr LLCA ND CLIPPERCRF:IKINC.,TO PAGE2 PARTICIPATE IN M CALIFORNIA PROGRAM QUID UPGRADE FOUR ADDITIONA1.ELEC IZIC VF.I-uCLE CI-IARG ING STATIONS AT VARIOUS CrrY FACILITIES TO BE FUNDED BY TI117 CALIFORNIA ENERGY COMMISSION OCrOB ER 31,2012 The additional four chargers will add to the city's current pilot program to provide public EV charging stations gives the City an opportunity to gauge station usage and demand. The replacement of four (4) charge stations is recommended based on public access and predicted utilization which includes: the Corporate Yard public parking lot (2), Beryl Park West (1), and the Civic Center public parking lot(1). CONCLUSION It is recommended that the City Council approve Amendment 1 to the agreement with EV Connect LLC and ClipperCreek Inc. for the replacement of four (4) additional public charging stations using California Energy Commission Reconnect grant funds at: the Corporate Yard public parking lot (2), Beryl Park West (1), and the Civic Center City Hall public parking lot (1) as part of the EV charging station pilot program. Respectfully Submitted, Alana Rivadeneyra Sustainability Coordinator Attachment: Amendment 1 P81 AMENDMENT NO. 001 to Reconnect California Charge Station and Installation Agreement (CO#2011-188) between ClipperCreek, Inc. (hereinafter"CCP') and City of Rancho Cucamonga (hereinafter the "City") This Amendment No. 001 will serve to amend the Reconnect California Charge Station and Installation Agreement (hereinafter"Agreement'), CO# 2011-188, to incorporate the following: Change Section 2. From, Number of Charge Stations: Seven (7) To,Number of Charge Stations: Eleven (11) Change Exhibit A to add the following locations; One (1) Station at; Beryl Park West 6505 Camelian St. Rancho Cucamonga, CA 91730 Two (2) Stations at; Rancho Cucamonga Corporate Yard 9513 Ninth Street Rancho Cucamonga, CA 91730 One(1) Station at; Rancho Cucamonga Civic Center(City Hall Parking Lot) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Add: This Agreement is effective as of the date of mutual execution (the "Effective Date"), and shall remain in full force and two (2) years from the effective date and after the City has accepted the installation work in writing and has made final payment. All other Terms and Conditions of the original Agreement CO#2011-188, will remain in full effect. Last Revised: 0912812011 Page I of P82 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return two (2) original signed copies to the City no later than November 7, 2012. The City will process both copies for signature and provide CCI with one (1) fully executed copy of the Amendment. ClipperCreek, Inc. City of Rancho Cucamonga By: By: Name Date Name Date Title Title By: By: Name Date Name Date Title Title (two signatures required if corporation) Approval Buyer II, Purchasing Alternate, Risk Management Coordinator Last Revised: 0912812012 Page 2 oj2 P83 STAFF REPORT ri CITY MANAGERS OFFICE RANCHO Date: November 7, 2012 CUCAMONGA To: Mayor and Members of the City Council From: John R. Gillison, City Manager By: Tamara L. Layne, Finance Director Subject: RECEIVE QUARTERLY BUDGET UPDATE REPORT RECOMMENDATION Staff requests that the City Council receive and file the attached First Quarter Budget Report Card for the quarter ended September 30, 2012. The report is intended to provide the City Council with a brief update on the budgetary performance of the City's operating funds which include the City General Fund, the Library Fund, and the Fire District Operating Funds. I:\finance\budget2012\quarterly budget updates to CC\staff report-1Q2011 budget update.doc P84 City of Rancho Cucamonga �_ I Fiscal Year 2012/13 RANCHO First Quarter Budget Report Card C RANCH CA OVERVIEW Gene al rundi s �' n 41�I(� i,k�,yy lY.ID sExpendurelsi 51It�Budg'e�t l.ry.�� ih�I�Ac[uaI ="Exp/Ena Administrative Services 7,147,366 3,597,213 50% This report summarizes the City's overall financial Animal Care and Services 2,694,820 927,331 34% position for the fiscal year through September 30, Building and Safety 2,660,587 1,151,440 43% 2012. The focus of this report is the City's City Clerk 2,290 1,201 52% City Council 138,510 62,993 45% operating budget which is comprised of the City City Management 1,111,030 581,092 52% General Fund, the Library Fund, and the Fire Community Development 168,840 52,672 31% District Operating Funds. The revenue projections Community services 4,226,064 1,590,287 38% and budgets include necessary adjustments for Planning 1,843,390 696,152 38% g y � Planning 1,850,614 619,624 33% encumbrances, carryovers, and any supplemental Police 28,947,291 7,844,280 27% appropriations made by the City Council as of Public Works 9,114,366 4,939,195 54% September 30, 2012. Records Management 548,810 191,733 35% GENERAL FUND Factors contributing to a slightly higher percentage expended/encumbered in the departmental budgets include the following: 1) some contracts cover the General Fund Financial Condition. With 25% of entire fiscal year and must be fully encumbered the year complete, General Fund expenditures are at with a purchase order at the beginning of the fiscal 22% of projections (compared to 23% in the prior year; and 2) certain overhead cost allocations are year) and revenues are at 8% (compared to 7% in completely allocated at the beginning of the fiscal the prior year). Revenues are typically less during year. the first quarter due to the timing of certain key revenues such as franchise fees, property tax, and Some savings may occur by the end of the fiscal sales tax. Both expenditures and revenues are year due to no payments being made for booking explained in more detail below. fees during the current year(so far). Gene"i I Fuiid I YTD Acival* Eerce'tit Top Seven Revenues. The City's top seven Revenues 1 $ 63,351,040 1 $ 5,081,527 8% revenues account for about 88% of total General Ex enditures 1 $ 63,699,708 1 $13,816,056 1 220X Fund revenues (compared to 86% in the prior year). *Includes carryover purchase orders Following is a summary of these revenues as the The expenditures budget and YTD actual figures end of the first quarter: above include carryover purchase orders from the % prior fiscal year and one-time expenditures from Te Seven Revenues.'^ Bud ei ° 'Received reserves for target programs such as Spay/Neuter Sales tar 24,235,300 1,915,308 8% special events planned for the fiscal year. Vehicle license fees- 14,339,310 91,710 1% Franchise fees 5,765,080 0% Excluding these charges, the City adopted a Property tax 4,650,260 0% balanced budget for Fiscal Year 2012/13. Development fees 2,831,540 748,229 267/. Business licenses 2,251,140 420,892 19% Expenditures. Departmental operating Trans.occupancy saxes 1,843,160 515,304 28% -Includes Properly tar in-lieu of VLF expenditures are generally on target as of the end of the first quarter as summarized as follows: Sales Tax. Results to date are closer to budget estimates than it appears. Due to the "Triple Flip," we only receive 75% of our base revenues from State allocations; the remaining 25% is remitted to P85 City of Rancho Cucamonga Fiscal Year 2012/13 RANCHO First Quarter Budget Report Card CUCAMONGA us from the County in February and June via a California Gas Company — until April 2013. complicated estimating formula. After adjusting for Franchise fees from other utilities are remitted this, we have received about 8% of our budgeted approximately 30 days after the end of each quarter. revenues as of the end of the first quarter which is As such, no revenues have been received as of consistent with the prior year. This is due to the September 30, 2012 for the current fiscal year, timing of our receipts from the State and the which is consistent with the prior fiscal year. County. As of the end of the first quarter, we have received one month's allocation of sales tax Property Tax. The first major apportionment of revenues from the State and two months' allocation taxes will occur in December. It should be noted of Prop 172 revenues, which is consistent with the that the current year's budget includes additional prior year. Based on discussions with the City's post-RDA property tax revenues of$772,190 due to sales tax consultant, it appears our sales tax the State's elimination of redevelopment agencies in revenues are continuing to grow from the prior year. February 2012. This portion of the City's property The most recent quarter's results place the City in taxes will be received in January and June as part of the top fifth of all cities in the County of San the County of San Bernardino's distribution of the Bernardino for quarter to quarter growth. Revenues Redevelopment Property Tax Trust Fund (RPTTF). are projected to equal or slightly exceed budget by the end of the fiscal year. Development Fees. Development revenues are coming in as anticipated for the most part with Vehicle License Fees (VLF). As of the end of the collection percentages ranging from 20% to 35%. it first quarter, we have only received one should be noted that development fees are not disbursement of VLF from the State which related received in a linear or proportional manner to excess amounts collected for Fiscal Year throughout the fiscal year 2011/12. This is consistent with the prior year. As a result of SB89 in the prior year, the State took Business Licenses. Business license revenues are away city VLF revenue to save State law on track with projections. The collection enforcement grant programs. The League of percentage is slightly lower than the prior year but California Cities filed a petition in the Sacramento is anticipated to increase with renewed efforts County Superior Court in the prior fiscal year placed into the data sharing agreement with the challenging the constitutionality of the State's State Board of Equalization (SBOE). The data diversion of vehicle license fee (VLF) revenues obtained from the SBOE assists staff with through SB 89 and AB 118 as part of the Fiscal identifying potentially unlicensed businesses Year 2011/12 budget. A decision is expected in the operating within the City. The peak of the renewals next four to six months from the Court. Staff will is not received until January. continue to track any new developments in this area. In spite of the State's takeaway of the City's Transient Occupancy Taxes. TOT revenues are VLF, we will continue to receive the property tax performing consistently with projections and are in-lieu of VLF in February and June. Based on slightly higher than at this time last year. discussions with the City's property tax consultant, it is anticipated that revenues will come in slightly LIBRARY FUND higher than anticipated for the fiscal year. Library Fund Financial Condition. As of the end Franchise Fees. We will not receive the largest of the first quarter, Library revenues are at 2% of components of franchise fee revenues — payments projections (compared to I% in the prior year) and from Southern California Edison and Southern P86 City of Rancho Cucamonga I_ _ I Fiscal Year 2012/13 RANCHO First Quarter Budget Report Card CucAmoNCA expenditures are at 38% (compared to 37% in the prior year). Property tax comprises approximately 91% of the Fire District's operating budget (compared to 82% L"�brar'!�F in l'� q(�kBud"et*.,v1, �YTA Actual!! 'Per'c'ent in the prior year) which includes the General Fund, Revenues $ 3,838,330 1 $ 64,462 2% CFD 85-1, and CFD 88-1. The first major Ex enditures 1 $ 3,945,163 1 $ 1,496,338 38% apportionment of taxes will occur in December. It *Includes carryover purchase orders should be noted that the current year's budget includes additional post-RDA property tax revenues Property tax makes up approximately 84% of the of $2,466,380 due to the State's elimination of Library Fund's budget (compared to 85% in the redevelopment agencies in February 2012. In prior prior year). As noted above, the first major years, these revenues were transferred directly from apportionment of 2012/13 taxes will occur in the Redevelopment Agency to the Fire District and December 2012. The Library's property tax were previously categorized as an operating transfer revenues, however, also include a pass-through in. With the elimination of the Redevelopment from the former Redevelopment Agency. This Agency, the revenue will now be distributed by the pass-through represents approximately 32% of the County out of its Redevelopment Property Tax Library's property tax revenues and will be received Trust Fund (RPTTF) to the Fire District and will be in January and June as part of the County's categorized as property tax revenue. This change in distribution of the Redevelopment Property Tax revenue category results in a higher percentage of Trust Fund (RPTTF). It should be noted that the the Fire District's revenues coming from property current year's budget includes additional post-RDA taxes compared to the prior year. As noted above, property tax revenues of$133,810 due to the State's these revenues will be received in January and June. elimination of redevelopment agencies in February 2012. These revenues will also be distributed from The Fire District's expenditures are on track as of the RPTTF. the end of the first quarter. Factors contributing to a slightly higher percentage SUMMARY expended/encumbered include the following: 1) some contracts cover the entire fiscal year and must Overall, the City's operating budget for be fully encumbered with a purchase order at the expenditures is performing well as of the end of the beginning of the fiscal year; and 2) certain overhead first quarter and is consistent with the prior year. cost allocations are completely allocated at the Generally, revenues are on track or slightly ahead of beginning of the fiscal year. projections and expenditures are on track with or slightly below historical norms. As additional FIRE DISTRICT revenues are received during the second quarter, further analysis can be performed on the revenue Fire District Financial Condition. With 25% of components of the City's operating budget. the year complete, Fire District operating revenues are at 1% of projections (compared to 3% in the prior year) and expenditures are at 20% (compared to 21% in the prior year). F,irelDistric[ BudNt*`3.,. tYTiD Actuate 'P,e"scent Revenues $26,472,670 $ 261,038 1% Ex enditures 1 $26,721,812 1 $ 5,468,362 1 20% *Includes carryover purchase orders P87 STAFF REPORT PLANNING DEPARTMENT RANCHO Date: November 7, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development By: Thomas Grahn, Associate Planner Subject: NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PROPERTY SALE DRC2010-00698T – CITY OF RANCHO CUCAMONGA — The sale of 8541 Hamilton Street acquired under the NSP Acquisition/Rehabilitation and Resale activity to Habitat for Humanity consistent with the U.S. Department of Housing and Urban Development NSP guidelines. RECOMMENDATION: Staff recommends that the City Council approve the sale of 8541 Hamilton Street to the Pomona Valley Habitat for Humanity for occupancy by an income eligible household in the Low Moderate Middle Income (LMMI) category consistent with the US Department of Housing and Urban Development (HUD) Neighborhood Stabilization Program (NSP) guidelines. BACKGROUND: The Housing and Economic Recovery Act of 2008 (HERA) appropriated $3.92 billion in emergency assistance for the redevelopment of abandoned and foreclosed homes and residential properties. Grants under the HERA are considered Community Development Block Grant (CDBG) funds and are implemented by HUD through the NSP. The City's NSP was approved by the City Council on November 5, 2008 and amended on February 17, 2010. The City's NSP contains two housing acquisition activities: 1. Acquisition/Rehabilitation and Resale – First Time Homebuyer Program – The acquisition and rehabilitation of single-family and multi-family homes that will be sold to income eligible homebuyers. NSP guidelines restrict the income to 120 percent of the area median income. 2. Acquisition/Rehabilitation and Reuse – Affordable Housing Program – The acquisition and rehabilitation of single-family and multi-family homes that will be made available to low income housing providers who will rent or sell the units to income eligible tenants. NSP guidelines restrict the income to 50 percent of the area median income. Under HUD NSP regulations, 25 percent of the City's NSP appropriation must apply to this activity. During March 2010, staff began working with the National Community Stabilization Trust (NCST)for the acquisition of foreclosed and abandoned properties. The NCST is a Washington, DC based non-profit organization that facilitates the transfer of foreclosed and abandoned properties from financial institutions nationwide to local housing organizations to promote property reuse and neighborhood stability. The NCST was created to act as a middleman between cities looking to acquire abandoned properties and the lenders seeking to sell them. All properties acquired under the City's NSP program were obtained through our participation with the NCST. Consistent with NSP guidelines, all acquired properties were vacant (either foreclosed or abandoned) and were acquired for a minimum 1 percent below their current appraised value. P88 CITY COUNCIL STAFF REPORT DRC2010-00698T— CITY OF RANCHO CUCAMONGA— NSP PROPERTY SALE November 7, 2012 Page 2 ANALYSIS: The City's NSP program has two separate activities, one being the Acquisition/Rehabilitation and Resale activity where acquired properties are sold directly to income eligible households earning up.to 120 percent of the area median income (AMI). The other activity is the Acquisition/Rehabilitation and Reuse activity where acquired properties are transferred to a low income housing provider who then makes the units available to income eligible households earning up to 50 percent of the AMI. On August 20, 2010, the City acquired 8541 Hamilton Street for $297,500 under the City's NSP Acquisition/Rehabilitation and Resale — First Time Homebuyer'Program, which makes this property available to income eligible households earning up to 120 percent of the AMI. This property is located on the south side of Hamilton Street, west of Carnelian Street. The property contains a two-story, four-bedroom, three-bathroom house, with an attached garage. The house totals 1,871 square feet and the lot totals 7,928 square feet. In order to insure that the property is properly utilized and its disposition meets NSP regulations, staff recommends transferring the title to the Pomona Valley Habitat for Humanity at no cost, thereby making the property available for purchase by an income eligible household. The income eligible household must meet the following income limits. FY 2012 Low Moderate Middle Income Limits San Bernardino-Riverside-Ontario Metropolitan Statistical Area(MSA) Household 1-Person 2-Person 3-Person 4-Person 5-Person 6-Person 7-Person 8-Person Size' Maximum $56,300 $64,300 $72,350 $80,400 $86,850 $93,250 $99,700 $106,150 Household Income 1. The 4 persons per household size is used to calculate the low moderate middle income limit. Once the final 4-person income limit has been established,calculation of income limits for other family sizes is straight-forward. The 1-person family income limit is 70 percent of the 4-person income limit,the 2-person family income limit is 80 percent,the 3-person family income limit is 90 percent, 5-person income limit is 108 percent,the 6-person family income limit is 116 percent,the 7-person family income limit is 124 percent,and the 8-person family income limit is 132 percent of the 4-person income limit. For family sizes larger than 8 persons,the income limit can be calculated by adding an additional 8 percent per person to the next lower limit(e.g.,a 9-person family income limit is 140 percent(132%+8%),and so on.) 2. Maximum household income includes income from all sources for all household members. Under the terms of the Purchase and Sale Agreement, Habitat for Humanity will rehabilitate the house and select the occupant/buyer. Habitat will provide a no interest loan to the eligible buyer secured by the Habitat Promissory Note and Habitat First Deed of Trust in the amount of the purchase price, less any down payment. The Habitat First Deed of Trust shall be, and remain superior to any other financing of the property. Additionally, the eligible buyer shall execute a City Promissory Note and City Second Deed of Trust, in favor of the City of Rancho Cucamonga. The City Second Deed of Trust securing the City Promissory Note shall be recorded against the property concurrently with the close of escrow. The City Second Deed of Trust shall be subordinate to the Habitat Deed of Trust on the property. Habitat for Humanity follows a standard procedure to build (or rehabilitate) and then occupy their houses. Once there is a signed contract between the City and Habitat, their family selection committee will begin their search. The construction manager then begins the process of obtaining permits, having plans approved, securing materials, etc., for their build. The volunteer coordinator begins scheduling volunteers from the community and surrounding neighborhood. Habitat will P89 CITY COUNCIL STAFF REPORT DRC2010-00698T— CITY OF RANCHO CUCAMONGA— NSP PROPERTY SALE November 7, 2012 Page 3 canvas the neighborhood, introduce their project, and offer to the community the opportunity to get involved. Once the house is complete, Habitat will have a house dedication, which is open to the public, and immediately allow the family to move in. Once the family moves in, Habitat will have the property appraised and then work out the selling price. In determining the selling price, Habitat must determine what the family can afford and follow HUD HOME guidelines, which limit the maximum housing cost (principle, taxes, insurance, and utility costs) to 30 percent of the household income. The attached documents provide: • Purchase and Sale Agreement: Details all aspects of the purchase and sale of the property between the City of Rancho Cucamonga and the Pomona Valley Habitat for Humanity. This document essentially requires the buyer to buy and the seller to sell the property under specified terms and conditions. • Habitat Purchase Money Promissory Note: Specifies the terms and conditions for the purchase money loan between the City and Habitat. • Habitat Deed of Trust: Conveys the City's interest in the property to Habitat. • Grant Deed: Specifies that the City grants certain real property to Habitat. • Covenants, Conditions, and Restrictions (CC&Rs): Identifies the specific covenants, conditions, and restrictions applicable to ownership and operation of the property. • Habitat Promissory Note Secured by First Deed of Trust (Purchase Money Loan): Specifies the terms and conditions for the purchase money loan between Habitat and the eligible buyer. • Habitat First Deed of Trust: Deed of Trust between Habitat and the eligible buyer. • City Promissory Note Secured by Second Deed of Trust: Specifies the terms and conditions for the purchase money loan between the City and the eligible buyer. • City Second Deed of Trust: Deed of Trust between the City and the eligible buyer. CONCLUSION: Staff recommends the approval of the attached agreement through minute action, which will allow for the sale of 8541 Hamilton Street to the Pomona Valley Habitat for Humanity consistent with HUD's NSP guidelines and the City's NSP program. Respectfully submitted Je rey oom Deputy City Manager/Economic and Community Development JAB:TG/dl Attachments: Exhibit A— NSP Acquisition/Rehabilitation and Resale Activity Description Exhibit B — Draft Purchase and Sale Agreement with attachments P90 G. NSP INFORMATION RVACTIvITy 1) Activity Name: NSP Acquisition/Rehabilitation and Resale — First Time Homebuyer Program (Activity 1711) 2) Activity Type: NSP Eligible Use—(A) Establish financing mechanism for purchase and redevelopment of foreclosed upon homes and residential properties and (B) Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon; CDBG Eligible Activity — 24 CFR 570.201(a)Acquisition, (b) Disposition, and 570.202 Rehabilitation. 3) National Objective: Beneficiaries of the units acquired through this activity will be restricted to LMMC as defined in the NSP notice. All participants will be restricted to the income level at or below 120 percent of the AML 4) Projected Start Date: 12/01/2008 5) Protected End Date: 06/30/2013 6) Responsible Organization: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact:Tom Grahn, (909)477-2750, tom.grahn @citvofrc.us 7) Location Description: The use of NSP funds will be targeted to those Census Tracts with a high risk factor of foreclosure; this includes Census Tracts 22.03, 21.00, 20.04, 20.05, 13.04, 20.07, 8.12, 20.03, and 20.06. The acquisition of homes in the southwest Cucamonga area (Census Tract 21.00) is encouraged due to the concentration of lower income households. 8) Activity Description: This revised activity is two pronged. Under the first prong, the City will acquire and rehabilitate foreclosed and abandoned single-family and multi-family (e.g., condo and townhome) units and resell them to income eligible homebuyers. The final sales price will be no greater than the initial acquisition and rehabilitation costs; and rehabilitation costs may not exceed 75 percent of the acquisition cost. Under the second prong, the City will continue assist eligible participants in the originally approved NSP First Time Homebuyer program. Under this activity the City will provide up to $80,000 per unit as a silent second, and up to $10,000 for rehabilitation costs towards the purchase of a home. Under the second prong of this activity, the City will continue to assist those persons who have prequalified under the original First Time Homebuyer Program, but have been unable to acquire a home to date. The City will close the application list as of February 26, 2010, and will continue to offer the soft second option to those homeowners who enter escrow prior to March 31, 2010. Those persons unable to enter escrow prior to March 31, 2010 will be allowed to purchase properties under the first prong; however,the soft second option will no longer be available. Any rehabilitation activities associated with these acquired homes will be coordinated through the City's CDBG funded Home Improvement Program. Once the home is acquired, the City will determine the priority of rehabilitation activity, and coordinate rehabilitation improvements with local contractors. Rehabilitation funds are not distributed to the program recipient, but are instead coordinated through the City program. All acquisitions will be for at least 1 percent below the fair market value determined no more than 60 days prior to the offer to purchase. EXHIBITA Substantial Amendment to the Neighborhood Stabilization Program—Page 7 P91 Income eligible participants may not earn greater than 120 percent of the AMI as defined by HUD. The table (see page 12) shows these income limits as adjusted for family size. Additionally, all prospective buyers will be required to attend 8 hours of pre-acquisition HUD certified homebuyer counseling. 9) Total Budget: The initial budget for this program is $1,386,717.00 providing funds for the Acquisition, Rehabilitation and Resale of foreclosed and abandoned homes and First Time Homebuyer assistance (up to $80,000) and rehabilitation funds (up to $10,000) for 15 units. Note that this is the City's primary NSP funded activity and the budget may decrease should additional funds be needed to meet the funding obligations of the Acquisition, Rehabilitation, and Reuse — Affordable Housing Program. 10) Performance Measures: The performance measurement outcomes will be measured by the total number of affordable housing units made available. This activity will assist in the purchase of a minimum of 15 homes to be occupied by persons at or below 120 percent of the AMI. Substantial Amendment to the Neighborhood Stabilization Program—Page 8 P92 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is dated as of 2012, and is entered into by and between POMONA VALLEY HABITAT FOR HUMANITY, a California non-profit corporation ("Buyer" or "Habitat"), and the CITY OF RANCHO CUCAMONGA, a municipal corporation ("Seller" or "City"). RECITALS A. Seller has acquired the Property (as described and defined below) using federal funds (the "NSP Funds") distributed as part of the emergency assistance for the redevelopment of abandoned and foreclosed homes under Section 2301 et seq. of Title 3 of Division B of the Housing and Economic Recovery Act of 2008, as amended by the American Recovery and Reinvestment Act of 2009, H.R. 1, as may be further amended and supplemented from time to time (collectively, the "Act") and the Notice of Allocations, Application Procedures, Regulatory Waivers Granted to and Alternative Requirements for Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes Developers under the Housing and Economic Recovery Act, 2008 issued by the Department of Housing and Urban Development ("HUD") and found at the Federal RegisterNol. 73, No. 194/October 6, 2008/Notices, as the same may be amended, restated or supplemented (the "NSP Regulations"). The Act and the NSP Regulations are hereafter referred to collectively as the "NSP Guidelines". This transaction is intended to comply with the provisions of the NSP Guidelines. B. Seller desires to sell the Property to Buyer subject to and upon the terms and conditions hereinafter set forth, including the requirement that Buyer shall diligently sell the Property in accordance with the CC&R's (as defined in Recital C below). C. In order to comply with the NSP Guidelines, Buyer and Seller must, among other things, execute, acknowledge and record against the Property, concurrently with the sale of the Property by Seller to Buyer hereunder, written "covenants, conditions and restrictions" in the form attached to the end of this Agreement as Exhibit "F" (the "CC&R's"). 1. PURCHASE AND SALE; PURCHASE PRICE; SELLER FINANCING; POST- CLOSING IMPROVEMENTS. 1.1 Purchase and Sale. Upon the terms and subject to the conditions in this Agreement, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the land in the City of Rancho Cucamonga, County of San Bernardino, State of California, described on Exhibit "A" attached hereto (the "Land"), together with Seller's interest in all buildings and other improvements thereon and Seller's interest in all fixtures, furnishings and other tangible personal property situated in or upon or used in connection with the operation or maintenance of the Property (collectively, the "Property"). The Property is located at 8541 Hamilton Street. 1.2 Purchase Price. The purchase price ("Purchase Price") for the Property shall be Two Hundred Ninety Five Thousand Dollars and No/100 ($295,000.00), which shall be paid in 1 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx EXHIBIT B P93 accordance with the terms of a $295,000 promissory note in favor of the Seller described in Section 1.3 below. 1.3 Purchase Money Financing from Seller. Buyer shall execute and deliver to Seller, through Escrow, a promissory note in the form attached hereto as Exhibit "B" (the "Habitat Purchase Money Note"), which shall be secured by a deed of trust on the Property in the form of Exhibit "C" executed and acknowledged by Buyer, delivered to Escrow and recorded at the Close of Escrow (the "Habitat Deed of Trust"). The Habitat Purchase Money Note shall not require installment payments of principal or interest, but shall be due and payable only upon default by Habitat on this Agreement, the Habitat Purchase Money Note, or the Habitat Deed of Trust. The Habitat Purchase Money Note shall be cancelled and the Habitat Deed of Trust reconveyed upon compliance with the terms of Section 8.6 of this Agreement. 1.4 Buyer Repairs and Renovations. Buyer shall complete the work described on Exhibit "D" attached hereto on or before May 31, 2013,but in any event prior to reselling the property. 2. TITLE. 2.1 General. Title to the Property shall be conveyed by Grant Deed in the form attached hereto as Exhibit "D" and shall be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Section 2.3 below) (the "Title Policy") issued by Chicago Title Insurance Company, 535 N. Bedford Blvd., 3rd Floor, Glendale, CA 91203; Title Officer Mary Distin/818-584-0222 ("Escrow Holder" or "Title Company"), with liability in the full amount of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens and encumbrances and other matters affecting title to the Property, except the following (the "Approved Title Exceptions"): (a) Assessments not yet due and payable; (b) The Habitat Deed of Trust; (c) The CC&R's; (d) Items 1 through 8 of Schedule B of the Preliminary Report dated September 21, 2012 issued by the Title Company under Order No. 126082801-A43, providing that all taxes and assessments shall be prorated as of the Close of Escrow. 2.2 Option for ALTA Coverage. Buyer shall have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance. In such event, Buyer shall, at its expense, procure an ALTA survey (the "Survey") and the cost of the ALTA extended coverage shall be borne by Buyer. 3. DOCUMENT DUE DILIGENCE; LEAD DISCLOSURES. 3.1 Seller Documents. Seller shall make available to Buyer for copying, at Buyer's expense, any and all non-privileged material documents in Seller's possession pertaining to the Property. 2 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P94 3.2 Lead Paint Disclosure. Seller represents that the dwelling was constructed on the real property before 1978 and acknowledges receipt of the form attached as EXHIBIT "E" (LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978). 4. ESCROW. 4.1 Escrow Instructions. This Agreement shall constitute escrow instructions and Buyer and Seller shall deposit a copy of this executed Agreement (or copies of executed counterparts) with the Escrow Holder within two (2) business days after the execution of this Agreement. 4.2 Escrow. Buyer and Seller shall promptly open escrow with Escrow Holder. If Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare such escrow instructions on its usual form for the purchase and sale of the Property provided such further escrow instructions are consistent with this Agreement. The further escrow instructions shall incorporate each and every term of this Agreement and shall provide that in the event of any conflict between the terms and conditions of this Agreement and such further escrow instructions, the terms and conditions of this Agreement shall control. 4.3 Close of Escrow. Provided all of Seller's and Buyer's obligations to be performed on or before close of escrow have been performed and all the conditions to the close of escrow set forth in this Agreement have been satisfied, escrow shall close on or before December 13, 2012 ("Closing Date"). If the closing does not occur by the Closing Date for any reason, then subject to Section 23 hereof, any party not then in default may terminate this Agreement by written notice to the other (and if such terminating party is the Buyer, or neither Seller nor Buyer is in default, then the Deposit and any interest thereon shall be returned to the Buyer). All risk of loss or damage (arising after the.Closing Date) with respect to the Property shall pass from Seller to Buyer at the close of escrow. Possession of the Property shall be delivered to Buyer upon the close of escrow. 4.4 Buyer's Deliveries. On or before the close of escrow, Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable): (a) The City Deed of Trust; (b) The CC&R's; (c) All other documents contemplated by this Agreement and required by Escrow Holder to be deposited by Buyer to carry out this escrow. Buyer shall deliver the executed Habitat Purchase Money Promissory Note directly to Seller. 4.5 Seller's Deliveries. Before the close of escrow, Seller shall deposit into escrow the following (properly executed and acknowledged, if applicable) and deliver copies thereof (marked "copy") to Buyer: (a) The Grant Deed conveying the Property to Buyer; (b) Unless Seller is exempt from withholding, a non-foreign affidavit from Seller certifying that Seller is not a "foreign person," "foreign " " " f1'i g gn p gn estate, foreign corporation or 3 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx _ P95 "foreign partnership" or any other foreign entity as such terms are defined in Section 1445 of the Internal Revenue Code and the income tax regulations promulgated thereunder; and (c) Any other documents contemplated by this Agreement or reasonably required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow. 4.6 Conditions to the Close of Escrow. Buyer's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Buyer's benefit and may be waived only by Buyer: (a) Title Company shall have issued or shall have committed in writing to issue the Title Policy to Buyer in the amount of the Purchase Price, showing fee title to the Property to be vested in Buyer, subject only to the Approved Title Exceptions: and (b) Seller shall not be in default under this Agreement. Seller's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Seller's benefit and may be waived only by Seller: (a) Seller shall have been provided by Buyer with reasonable evidence (such as certificates of insurance) that Buyer has obtained all of the insurance required by Section 5 of the City Deed of Trust; (b) Buyer shall not be in default under this Agreement. Waiver of any condition to close of escrow shall not relieve any party for liability resulting from breach of any representation, warranty, covenant or agreement under this Agreement. In the event that the conditions to close of escrow are not timely satisfied for a reason other than a default of Buyer or Seller under this Agreement: (a) This Agreement, the escrow and the rights and obligations of Buyer and Sellers hereunder shall terminate, except as otherwise provided herein; and Escrow Holder, upon such termination, is hereby instructed to promptly return to Buyer funds (and all interest accrued thereon) and documents deposited by Buyer in escrow, and to return to Seller all funds and documents deposited by Seller in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, the amount of any cancellation charges required to be paid by such party under Section 4.10 below). 4.7 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds and instruments described in this Section 4, Escrow Holder shall cause the Grant Deed, Habitat Deed of Trust and then the CC&R's to be recorded in the office of the County Recorder of San Bernardino County, California, and Escrow Holder shall deliver the proceeds of this escrow (less any appropriate charges) to Seller by wire transfer to Seller pursuant to written wire transfer instructions to be delivered by Seller to Escrow Holder. 4 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P96 4.8 Prorations. All taxes and assessments, if any, levied or assessed on or against the Property shall be prorated as of the Closing Date. At the Closing, Buyer shall receive a credit against the Purchase Price equal to all accrued and unpaid taxes and assessments as of the Closing Date (including, without limitation, all taxes and assessments attributable to the year prior to the Closing but not payable until after the Closing and all taxes and assessments attributable to the year in which the Closing occurs but not payable until the following year). The credit for accrued taxes and assessments for which bills have not been issued as of the Closing Date shall be based on the then most recent taxes and assessments (and any known increases or decreases). Taxes and assessments shall be reprorated between Seller and Buyer at the time of issuance of the actual bills therefore and payment of any adjustment based on such reproration shall be paid by the party owing the other based on such adjustment within fifteen (15) days after receipt by such party of copies of the applicable bills. This obligation to reprorate shall survive the Closing. Seller is exempt from property taxes. 4.9 Costs. Buyer shall pay the cost of all endorsements to the Title Policy. Seller shall pay recording charges, all of the escrow fees and documentary transfer taxes in connection with the recordation of the Grant Deed, and the cost of CLTA owner's title coverage. 4.10 Escrow Cancellation Charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. In the event that the escrow shall fail to close for any other reason, Seller shall pay all escrow and title cancellation charges. 4.11 Broker's Commissions. Buyer and Seller represent to one another that no broker or finder has been engaged in connection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction. Each party agrees to indemnify, defend, protect and hold harmless the other and its respective employees, agents, representatives, council members, attorneys, successors and assigns, from and against all claims of any agent, broker, finder or other similar person or entity arising from or in connection with the sale of the Property under this Agreement and based on communications or agreements with the indemnifying party. 5. AS-IS SALE; REPRESENTATIONS AND WARRANTIES. 5.1 No Side Agreements or Representations. Except for the express representations and warranties herein, no person acting on behalf of Seller is authorized to make, and by execution hereof, Buyer acknowledges that no person has made, any representation, agreement, statement, warranty, guarantee or promise regarding the Property or the transaction contemplated herein or the zoning, construction, physical condition or other status of the Property (including, without limitation, the presence, absence, condition or status of any Hazardous Materials or compliance with any Hazardous Materials Laws, or such capitalized terms are defined in Section 5.3 below). No representation, warranty, agreement, statement, guarantee or promise, if any, made by any person acting or purporting to act on behalf of Seller which is not contained in this Agreement or in any amendment hereto will be valid or binding on Seller. 5 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P97 5.2 Buyer Inspections. Buyer hereby represents and warrants to Seller that Buyer has thoroughly inspected the Property. Seller shall not make any improvements or alterations to the Property unless this Agreement is terminated. 5.3 AS IS CONDITION: RELEASE. BUYER ACKNOWLEDGES AND AGREES THAT, SELLER, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE PROPERTY OR ANY MATTER RELATED THERETO, INCLUDING, WITHOUT LIMITATION, THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, AND COMPLIANCE WITH ANY ENVIRONMENTAL LAWS OR THE PRESENCE, ABSENCE, CONDITION OR STATUS OF ANY HAZARDOUS MATERIALS. BUYER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" CONDITION AND BASIS WITH ALL FAULTS, AND THAT SELLER HAS NO OBLIGATIONS TO MAKE REPAIRS, REPLACEMENTS OR IMPROVEMENTS OR REMEDIATE ANY HAZARDOUS MATERIALS. BY INITIALING BELOW, THE BUYER ACKNOWLEDGES THAT (i) THIS SECTION 5.2 HAS BEEN READ AND FULLY UNDERSTOOD, (ii) THE BUYER HAS HAD THE CHANCE TO ASK QUESTIONS OF ITS COUNSEL ABOUT ITS MEANING AND SIGNIFICANCE, AND (iii) THE BUYER HAS ACCEPTED AND AGREED TO THE TERMS SET FORTH IN THIS SECTION 5.3. BUYER'S INITIALS Buyer waives and releases as of the Close of Escrow any and all claims it may have against Seller relating to the physical condition of the Property (including, without limitation, the presence or release of hazardous materials or substances). To the extent of such waiver and release, and excluding fraud, Buyer expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." BUYER'S INITIALS 6 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P98 5.4 Certain Definitions. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof. any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et sec; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et sec ; asbestos and asbestos-containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et sec; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et sec ; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et se q.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et sec; the Clean Water Act, 33 U.S.C. Section 1251 et seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et sec; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et sue; the National Environmental Policy Act, 42 U.S.C. Section 4321 et sue; the Noise Control Act, 42 U.S.C. Section 4901 et seMc; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et sue; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et sec; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et sec; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et sec ; as amended by the Super-fund Amendments and Reauthorization Act, the Emergency Planning and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et sue; the Atomic Energy Act, 42 U.S.C. Section 2011 et seMc; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et secl; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 6. EMINENT DOMAIN OR TAKING; PHYSICAL DAMAGE OR DESTRUCTION. 6.1 If, prior to Close of Escrow, any material portion of the Property is taken or if the access thereto is materially reduced or restricted by eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated taking which has not been consummated, other than any such taking prosecuted by or on behalf of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this option to terminate this Agreement, neither party shall have the right to terminate this Agreement,but the Seller shall assign and turn over to Buyer, and the Buyer shall be entitled to receive and keep, all 7 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P99 awards for the taking by eminent domain which accrue to Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Price. Unless and until this Agreement is terminated, Seller shall take no action with respect to any eminent domain proceeding without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. 6.2 If any material portion of the Property is materially damaged or destroyed due to any cause, natural or otherwise, including, without limitation: (i) any destructive seismic or geological conditions such as any earthquake or tremor, subsidence, or unstable subsurface conditions; or (ii) a material violation of any Environmental Laws known to Seller, Seller shall immediately notify Buyer of such fact (the "Seller Damage Notice"). In such event, Buyer or Seller may terminate this Agreement upon written notice to the other given within ten (10) days after Seller gives the Seller Damage Notice. If neither party terminates this Agreement, then Seller shall assign and turn over, and the Buyer shall be entitled to receive and keep, any insurance proceeds paid to Seller in connection with such damage or destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terms of this Agreement, and Buyer shall use any such payments and proceeds to promptly and diligently repair the damage and shall provide Seller with evidence thereof promptly after written request from Seller from time to time (and the foregoing obligations shall survive the close of escrow). 7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to herein are incorporated in this Agreement as though fully set forth herein. 8. RESALE OF PROPERTY TO ELIGIBLE HOUSEHOLD. 8.1 General. Within ninety(90) calendar days after completion of the rehabilitation of the Property and issuance of a certificate of occupancy by Seller (as approved by the City), Habitat shall sell the Property to an Eligible Household upon the terms and conditions required by this Agreement. Habitat will cause the marketing of the Property to prospective purchasers in the manner customary for Habitat for Humanity Affiliates. Habitat will screen prospective purchasers for eligibility in accordance with this Agreement. 8.2 Resale Restrictions. To ensure affordability, the Habitat shall, impose resale restrictions on the Property sold to an Eligible Household at an affordable housing cost under this Agreement which shall run with the land and ensure that if the residential unit is sold, transferred, refinanced, or otherwise assigned to another, that resale shall be to another Eligible Household as defined in the CC&R's. The restrictions required under this Section shall be imposed through the execution by the Eligible Household of the CC&R's attached hereto as Exhibit "F," and the recordation of such executed CCR's at the close of the Eligible Household Escrow. 8.3 Affordable Purchase Price. The Property shall be sold at an affordable purchase price ("Affordable Purchase Price"). The Affordable Purchase Price must result in an affordable monthly housing cost to the Eligible Household which does not exceed 30% of the 8 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P100 Eligible Household's monthly income. Monthly housing cost shall include mortgage principal, mortgage interest, taxes, insurance, and a reasonable allowance for utilities. 8.4 Eligible Household Requirements. To be eligible as an Eligible Household, each prospective homebuyer must be a person(s) or family who previously resided in the City of Rancho Cucamonga for at least one (1) year (as verified by Developer based on reasonable evidence provided by the household) whose annual income does not exceed one-hundred twenty percent (120%) of area median income for San Bernardino County, adjusted for family size. 8.5 Habitat Financing. Habitat will provide a no interest loan to the Eligible Household secured by the "Habitat Promissory Note" and "Habitat First Deed of Trust" in the amount of the Affordable Purchase Price less any down payment. The Habitat Promissory Note and Habitat First Deed of Trust shall be in the form attached hereto as Exhibit "G" and Exhibit "H", respectively. The Habitat First Deed of Trust shall be, and remain superior to any other financing of the Property. The Habitat Promissory Note and Habitat First Deed of Trust shall be subject to the default, foreclosure, equity sharing and other provisions of the CC&R's. 8.6 City Financing. Each Eligible Household that acquires a Property for an Affordable Purchase Price which is less than the Fair Market Value of the Property or receives assistance through the City's NSP funds shall execute a "City Promissory Note" and "City Second Deed of Trust" in favor of the City, in the form attached hereto as Exhibit "I" and Exhibit "J",respectively. The City Second Deed of Trust securing the City Promissory Note shall be recorded against the Property concurrently with the close of the Eligible Household Escrow. The City Second Deed of Trust shall be subordinate to the Habitat Deed of Trust on the Property. The City Promissory Note shall be in the amount of Two Hundred Ninety Five Thousand and No/100 Dollars ($295,000.00). The City Promissory Note shall be a "silent second" and no installment payments shall be due on the City Promissory Note, except in accordance with the terms of the CC&R's. The City Promissory Note and City Second Deed of Trust shall be subject to the default, foreclosure, equity sharing and other provisions of the CCR's, City Promissory Note and City Second Deed of Trust. At the time of the close of escrow conveying the Property to the Eligible Household City shall deliver the Habitat Promissory Note, marked "paid in full" and signed by City to escrow for delivery to Habitat. At the same time City shall execute and deliver to escrow a fully executed and notarized reconveyance of the Habitat Deed of Trust which shall be recorded at the closing of escrow conveying the Property to the Eligible Household. 8.7 Eligible Household Escrow: Schedule of Performance. Upon approval of an Eligible Household for the purchase of the rehabilitated Property, Developer shall cause an 9 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P101 escrow ("Eligible Household Escrow") to be opened with the approved prospective purchaser and will take all steps necessary to ensure a timely close of the Eligible Household Escrow. The Eligible Household Escrow must close in accordance with Section 8.1 above. Failure to close any Homebuyer Escrow within such period shall constitute a default under this Agreement. Habitat shall be responsible for ensuring that the Eligible Household executes the City Promissory Note, City Second Deed of Trust, and Declaration and that the City Second Deed of Trust and Declaration are recorded against the Property concurrently with the close of the Eligible Household Escrow. 9. ATTORNEYS' FEES. In the event of a dispute between Buyer and Seller regarding any of the terms and provisions of this Agreement, or the transaction described herein, or any action to enforce the terms of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. 10. NOTICES. All notices, requests, demands and other communication given or required to be given hereunder shall be in writing and personally delivered, sent by first class certified mail,postage prepaid, return receipt requested, or sent by a nationally recognized courier service such as FedEx, addressed to the parties as follows: To Seller: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Attention: City Manager With a Copy To: Richards, Watson and Gershon 355 South Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 Attention: Bruce W. Galloway, Esq. To Buyer: Pomona Valley Habitat for Humanity 2111 Bonita Avenue La Verne, CA 91750 Attention: Jody Gmeiner, President (CEO) To Escrow Holder/ Title Company: Chicago Title Insurance Company c/o Chicago Title Escrow Services 535 N Bedford Blvd., 3rd Floor Glendale, CA 91203 Attention: Mary Distin, Title Officer Title Order No. 126082801-A43 10 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P102 Delivery of any notice or other communication hereunder shall be deemed made on the date of actual delivery thereof to the address of the addressee, if personally delivered, and on the date indicated in the return receipt or courier's records as the date of delivery or as the date of first attempted delivery, if sent by certified mail or courier service. Any party may change its address for purposes of this Section by giving notice to the other party as herein provided. 11. ASSIGNMENT. Buyer shall not assign this Agreement or any rights hereunder without the prior, written consent of the City Manager. 12. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their successors and assigns. 13. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. No provision of this Agreement may be amended, supplemented or in any way modified except by an agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement. 14. HEADINGS. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 15. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. Furthermore, executed counterparts of this Agreement may be delivered by facsimile or other reliable electronic means (including emails of pdf documents), and such facsimile or other electronic transmission shall be valid and binding for all purposes when transmitted to and actually received by the other party. Notwithstanding the foregoing, each party delivering executed documents by facsimile or other electronic means agrees to provide the other party with an original, hard copy of the relevant signed documents promptly after the request of the other party. 16. SURVIVAL. Any provision hereof which is executory as of the Closing Date and all representations and warranties shall survive such close of escrow and delivery of the Grant Deed and shall continue to be a binding provision on the parties hereto according to its terms. 17. TIME OF THE ESSENCE. Time is of the essence of each and every provision of this Agreement in which time is a factor(including, without limitation, Section 1.5). 18. THIRD PARTIES. 11 9541 Hamilton Street-Purchase Sale Agmt 11-7.docx P103 Nothing contained in this Agreement, express or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. 19. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the economic terms of the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement. In such case, either party may terminate this Agreement and the escrow upon written notice to the other party given no later than ten (10) business days after the party giving such notice becomes aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to Buyer. 20. ADDITIONAL DOCUMENTS; FURTHER ASSURANCES. Each party hereto agrees to perform any further acts and to execute, acknowledge and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 21. CITY AS SELLER. Buyer acknowledges that Seller is entering into this Agreement in its proprietary capacity such that neither the provisions of this Agreement nor any consent or approval given by Seller under this Agreement, shall waive or modify any of Seller's rights in its governmental capacity. 22. AMENDMENTS. The City Manager of Seller shall have the right to enter into amendments of this Agreement on behalf of Seller without the approval of the City Council provided that such amendments do not decrease the amount of the Note, or otherwise materially affect any of the economic terms of this Agreement (provided that the City Manager shall have the right to reasonably extend the deadline for the Close of Escrow or the Due Diligence Period). 23. INDEMNIFICATION. Buyer shall indemnify, defend (with legal counsel selected by Seller) and hold Seller and its appointed officials, officers, employees, agents and consultants harmless from and against any and all claims, losses, liabilities, actions,judgments, costs and expenses relating directly or indirectly to the Property or Buyer's acts or omissions with respect thereto and which arise after the Close of Escrow. This Section shall survive the Close of Escrow. 24. SELLER DEFAULT; NO DAMAGES. In the event Seller defaults under this Agreement, Buyer shall not be entitled to damages but, at its option and as its sole remedies, may either: (a) terminate this Agreement in which event Seller shall reimburse Buyer for all costs and expenses incurred by Buyer in negotiating and undertaking the transactions contemplated hereby and investigating the Property, including, without limitation, all costs associated with the investigations and other activities described or 12 8541 Hamilton Street-Purchase Sale Agmt I 1-7.docx P104 contemplated under Section 3.3 above; or (b) specifically enforce this Agreement, by legal action or otherwise. In the event of a default by Seller of which Buyer is not aware prior to Closing, including, without limitation, a breach of any representation or warranty not discovered until after Closing, Buyer shall be entitled to exercise any and all rights and remedies at law or in equity. 25. GOVERNING LAW; VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws principles or rules). All legal actions under, or in connection with this Agreement shall be filed and maintained by Buyer and Seller in courts located in San Bernardino County. 26. BUSINESS DAY. If the final day of any period or any date of performance (including the Due Diligence Period) under this Agreement falls on a Saturday, Sunday or legal holiday, then the final day of the period or the date of such performance shall be extended to the next business day. 13 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P105 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BUYER: POMONA VALLEY HABITAT FOR HUMANITY, a California non-profit corporation By: Jody Gmeiner Chief Executive Officer SELLER: CITY OF RANCHO CUCAMONGA, a municipal corporation By: L. Dennis Michael Mayor Attest: Jan Reynolds, City Clerk APPROVED AS TO FORM: Richards, Watson & Gershon By: City Attorney 14 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P106 EXHIBIT "A" DESCRIPTION OF THE LAND LOT 15 OF TRACT NO. 9038, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 126 PAGES 52 AND 53 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. A-1 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P107 EXHIBIT "B" FORM OF HABITAT PURCHASE MONEY PROMISSORY NOTE HABITAT PURCHASE MONEY PROMISSORY NOTE SECURED BY DEED OF TRUST $295,000 Rancho Cucamonga, California , 2012 Borrower and Lender have entered into that certain Purchase and Sale Agreement dated , 2012 between Lender, as seller, and Borrower, as buyer (the "Agreement") for the purchase, rehabilitation and resale of certain real property in the City of Rancho Cucamonga, California. FOR VALUE RECEIVED, POMONA VALLEY HABITAT FOR HUMANITY, a California nonprofit corporation ("Borrower") hereby promises to pay to the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("Lender"), or order, the principal amount of TWO HUNDRED NINETY FIVE THOUSAND AND NO/100 DOLLARS ($295,000.00), as described in the Agreement, plus interest as provided below. This Promissory Note Secured by Deed of Trust (the "Promissory Note") is delivered (and is to be performed) as payment of the purchase price in accordance with the Agreement. 1. Commencing on the date hereof, principal hereunder shall accrue simple interest at the rate of three percent (3%) per annum. 2. There are no installment payments due under this Promissory Note. All principal and accrued interest shall become due and payable on the earlier of the occurrence of a default under the Purchase Agreement or this Promissory Note Secured by Deed of Trust. 3. The outstanding principal may not be prepaid. 4. All sums payable under this Promissory Note are payable to Lender at 10500 Civic Center Drive, P.O. Box 807, Rancho Cucamonga, California 91729-0807, or at such other place as the Executive Director of Lender may inform the Borrower in writing, in lawful money of the United States. 5. The Borrower waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses and pleas on the ground of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice. 6. The Borrower hereby agrees to pay all costs and expenses, including reasonable attorneys' fees, which may be incurred by the holder hereof, in the enforcement of this Note or any term or provision hereof. B-1 8541 Hamilton Street-Purchase Sale Agmt I 1-7.docx P108 7. This Promissory Note is secured by a Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing dated , 2012 executed by Borrower, as trustor, in favor of Lender, as beneficiary. Section 24 of the Deed of Trust provides that if the real property described in the Deed of Trust, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written consent of Lender, then Lender may elect to declare the principal of this Promissory Note and all accrued interest immediately due and payable. 8. The failure of Lender to exercise any right to accelerate described herein (and any deliver in exercise of such right), shall not constitute a waiver of the right to exercise such right. 9. This Promissory Note shall be cancelled and returned to Borrower upon the conveyance of the Property from Borrower to an Eligible Household pursuant to the provisions of section 8.6 of the Agreement. 10. The Promissory Note shall be governed by the laws of the State of California. BORROWER: POMONA VALLEY HABITAT FOR HUMANITY, a California non-profit corporation By: Jody Gmeiner Chief Executive Officer B-2 8541 Hamilton Street-Purchase Sale Agmt 1 1-7.docx P109 EXHIBIT "C" FORM OF HABITAT DEED OF TRUST Recording Requested By, and When Recorded Mail To: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Attn: City Clerk APN: 202-444-04-0-0000 'his document is exempt from the payment of a recording fee pursuant to Government Code Section 27383, HABITAT DEED OF TRUST With Assignment of Rents, Security Agreement, and Fixture Filing This DEED OF TRUST is dated as of , 2012, and is executed by POMONA VALLEY HABITAT FOR HUMANITY, a California nonprofit corporation ("Trustor"), in favor of FIRST AMERICAN TITLE INSURANCE COMPANY, as trustee ("Trustee"), and the CITY OF RANCHO CUCAMONGA, a California municipal corporation, as beneficiary ("Beneficiary"). Trustor grants, transfers, and assigns to Trustee, in trust, with power of sale, and right of entry and possession, all of Trustor's interest in that land in the County of San Bernardino, State of California, described on Exhibit "A" attached hereto; Together with the rents, issues, and profits thereof, subject, however, to the right, power, and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues, and profits; and together with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and all fixtures, including but not limited to all gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers, stoves, ranges,bath tubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantels, cabinets, refrigerators, whether mechanical or otherwise, cooking apparatus and appurtenances, and all shades, awnings, screens, blinds and other furnishings, it being hereby agreed that all such fixtures and furnishings shall to the extent permitted by law be deemed to be permanently affixed to and a part of the realty; and Together with all building materials and equipment now or hereafter delivered to the premises and intended to be installed therein; and C-1 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx Pilo Together with all articles of personal property owned by the Trustor now or hereafter attached to or used in and about the improvements (including buildings) now erected or hereafter to be erected on the lands described which are necessary for the comfortable use and occupancy of such improvements (including buildings) for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating affordable housing, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same are, or shall be attached to the improvements or buildings in any manner. To have and to hold the property hereinbefore described together with appurtenances to the Trustee, its or his successors and assigns (the "Property"). FOR THE PURPOSE of securing and securing payment of a contingent obligation of the Trustor to the Beneficiary in the principal sum of$295,000.00 as evidenced by that certain Promissory Note Secured by Deed of Trust of substantially even date herewith executed by Trustor in favor of Beneficiary, and all modifications, amendments and restatements thereof(the "Purchase Money Note") and which evidences a conditional grant; and any sums payable by Trustor or its successors-in-interest under Section 12 of these certain Covenants, Conditions and Restrictions Affecting Real Property(including Resale Restriction, Exit Fee, and Right of First Refusal) (the "CC&R's"). AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: 1. That it timely perform each and every covenant contained in (and otherwise comply with) the Purchase Money Note, this Deed of Trust and the CC&R's dated concurrently or substantially concurrently herewith, executed by Trustor and recorded in the Official Records of San Bernardino County, California (collectively the "Agreements"), it being understood that the CC&R's and Trustor's obligations thereunder and performance thereof are not, however, secured by this Deed of Trust, but that a default under the CC&R's shall constitute a default under the Note and this Deed of Trust. 2. That this Deed of Trust is executed pursuant to that certain Purchase and Sale Agreement between Trustor and Beneficiary dated 2012. 3. That all rents, profits and income from the Property are hereby assigned to the Beneficiary for the purpose of securing the obligations of Trustor under the Note. Permission is hereby given to Trustor, so long as no default exists hereunder, to collect such rents, profits and income. 4. That upon default under any of the Agreements that is not uncured within any applicable cure period expressly provided in the applicable Agreements, Beneficiary shall be entitled to the appointment of a receiver by any court having jurisdiction, without notice, to take possession and protect the Property and operate same and collect the rents, profits and income therefrom; 5. That the Trustor will keep the improvements now existing or hereafter erected on the Property insured against loss by fire and such other hazards, casualties, and contingencies as C-2 8541 Hamilton Street-Purchase Sale Agmt 11-7.docz Pill may be required from time to time by the Beneficiary (earthquake insurance not required), and all such insurance shall be evidenced by standard fire and extended coverage insurance policy or policies. In no event shall the amounts of coverage be less than one hundred (100%) percent of the insurable value of the improvements, and in default.thereof the Beneficiary shall have the right to obtain such insurance. Such policies shall be endorsed with standard mortgage clause with loss payable to the Beneficiary; 6. To pay, before delinquency, any taxes and assessments affecting the Property including assessments'on appurtenant water stock; when due, all payments due under or secured by encumbrances, charges and liens, with interest, on the Property or any part thereof which appear to be prior or superior hereto; all costs, fees, and expenses of this Trust; 7. To pay when due all claims for labor performed and materials furnished with respect to the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon; not to willfully commit or permit waste thereof; not to willfully commit, suffer or permit any act upon the Property in violation of law and/or covenants, conditions and/or restrictions affecting the Property; 8. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear; 9. Should Trustor fail to do any act as herein provided, then Beneficiary or Trustee, but without obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiary or Trustee being authorized to enter upon the Property for such purposes, may commence, appear in and/or defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; may pay, purchase, contest, or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ counsel, and pay his reasonable fees; 10. The Beneficiary shall have the right to pay fire and other property insurance premiums when due should Trustor fail to make any required premium payments. All such payments made by the Beneficiary shall be added to the principal sum secured hereby; 11. To pay immediately and without demand all sums expended by Beneficiary or Trustee, under permission given under this Deed of Trust, with interest from date of expenditures at the lesser of(i) the maximum rate permitted by applicable law; or (ii) ten percent (10%) per annum; 12. The Trustor further covenants that it will not create, suffer, or permit to be created against the Property any lien or liens and further that it will keep and maintain the property free from the claims of all persons supplying labor or materials which will enter into the rehabilitation or construction of any and all improvements now being rehabilitated or constructed or to be rehabilitated or constructed on the Property, or will cause the release of or will provide a bond against any such liens within ten (10) days of Trustor's receipt of notice of the lien or liens. Nothing herein contained shall be deemed to prohibit the Trustor from contesting the validity or C-3 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P112 amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the Trustor; 13. That the improvements upon the Property, and all plans and specifications, comply with all municipal ordinances and regulations and all other regulations made or promulgated, now or hereafter, by lawful authority, and that the same will comply with all such municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization, bureau, association or office; IT IS MUTUALLY AGREED THAT: 14. Should the Property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner, the Beneficiary shall be entitled subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust, to all compensation, awards, and other payments or relief therefore, and shall be entitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement, in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting the Property, are hereby assigned to the Beneficiary subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust. After deducting therefrom all its expenses, including attorneys' fees, and if Trustor is not in default, Beneficiary shall apply all such proceeds to restoring the Property, or in the event of Trustor's default or in the event Trustor determines not to rebuild, the Beneficiary shall retain the proceeds to the extent of the amount of principal and interest due under the Note. Any balance of such proceeds still remaining shall be disbursed by the Beneficiary to the Trustor. 15. Upon default by Trustor under any of the Agreements which is not cured within any applicable cure period expressly provided in the applicable Agreements, the Beneficiary may (but shall not be obligated to) declare all sums evidenced by the Note immediately due and . payable by delivery to Trustee of written declaration of default and demand for sale, and of written notice of default and of election to cause the property to be sold, which notice Trustee shall cause to be duly filed for record and the Beneficiary may foreclose this Deed of Trust in the manner provided by law. In such event, Beneficiary shall also deposit with Trustee this Deed, the notes and all documents evidencing expenditures secured hereby; 16. After the lapse of such time as may then be required by law following the recordation of the notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, either as a whole or in separate parcels, and in such order as it may determine at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser its Deed conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, may C-4 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P113 purchase at the sale. The Trustee shall apply the proceeds of sale to payment of(1) the expenses of such sale, together with the reasonable expenses of this trust including therein reasonable Trustee's fees or attorneys' fees for conducting the sale, and the actual cost of publishing, recording, mailing and posting notice of the sale; (2) the cost of any search and/or other evidence of title procured in connection with such sale and revenue stamps on Trustee's Deed, if the latter is not paid by buyer; (3) all sums expended under the terms hereof, not then repaid, with accrued interest at the rate specified in the notes; (4) all other sums then secured hereby; and (5) the remainder, if any, to the person or persons legally entitled thereto; 17. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by Beneficiary, containing reference to this Deed and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee; 18. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed is hereby waived to the full extent permissible by law; 19. Upon written request of Beneficiary stating that all obligations secured hereby have been performed, and upon surrender of this Deed of Trust to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the Property then held hereunder. The recitals in such reconveyance of any matters or fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Upon a transfer of the Property from Trustor to an Eligible Household in accordance with the terms of-section 8.6 of the Purchase and Sale Agreement entered into between Trustor and Beneficiary dated 2012, Trustor shall be entitled to a reconveyance of this Deed of Trust; 20. The trust created hereby is irrevocable by Trustor; 21. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall include not only the original Beneficiary hereunder but also any future Developer and holder including pledges, of the notes secured hereby. In this Deed, whenever the context so requires, the masculine gender includes the feminine, and the singular number includes the plural; 22. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law the Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of any action of proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee; C-5 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P114 23. The Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to it at the address provided in the Purchase and Sale Agreement, or to such other address as Trustor may provide in writing to Trustee from time to time. 24. All principal and accrued interest under the Promissory Note shall, at the election of Beneficiary (in its sole and absolute discretion) given by written notice to Beneficiary, become due and payable immediately if the Property, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written approval of Beneficiary. 25. This Deed of Trust is also intended to be and shall constitute both a Security Agreement and a "fixture filing" as defined in the California Commercial Code, the Trustor being the Debtor and the Beneficiary being the Secured Party. Trustor hereby grants Beneficiary a security interest in all fixtures, and in all goods which are or are to become fixtures on the land, for the purpose of securing all indebtedness and other obligations of Trustor now or hereafter secured by this Deed of Trust. The products of such collateral are also covered hereby. This Deed of Trust, as a fixture filing, is to be recorded in the real estate records covering the real property covered hereby. Trustor authorizes Beneficiary to execute, deliver, file and record (as necessary) financing and continuation statements covering such property from time to time in such form as Beneficiary may require to perfect and continue the perfection of Beneficiary's security interest with respect to such property, and to reimburse Beneficiary for any costs incurred in filing such financing statements and any continuation statements. Trustor shall not create or allow the creation of any other security interest in such property. Upon the occurrence of any default by Trustor hereunder, Beneficiary shall have the rights and remedies of a secured party under the California Commercial Code, as well as all other rights and remedies available at law or in equity or as provided herein, all at Beneficiary's option. Trustor and Beneficiary agree that the filing of a financing statement in the records normally having to do with personal property shall never be construed as in any way derogating from or impairing this declaration and the hereby stated intention of the parties hereto that everything used in connection with the operation or occupancy of such property or the production of income therefrom is and, at all times and for all purposes and in all proceedings, both legal and equitable, shall be regarded as real property encumbered by this Deed of Trust and fixture filing, irrespective of whether (a) any such item is physically attached to the buildings and improvements, (b) serial numbers are used for the better identification of certain equipment, or (c) any such item is referred to or reflected in any such financing statement so filed at any time. Such mention in the financing statement is declared to be for the protection of the Beneficiary in the event any court or judge shall at any time hold that notice of Beneficiary's priority of interest must be filed in the Uniform Commercial Code records to be effective against a particular class of persons, including, but not limited to, the federal government and any subdivisions or entities of the federal government. (Signature page follows) C-6 8541 Hamilton Street-Purchase Sale Agmt I 1-7.docx P115 IN WITNESS WHEREOF the Trustor has executed this Deed of Trust as of the day and year set forth above. TRUSTOR: POMONA VALLEY HABITAT FOR HUMANITY, a California non-profit corporation By: Jody Gmeiner Chief Executive Officer C-7 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P116 ACKNOWLEDGMENT State of California ) County of ) On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Signature of Notary Public ACKNOWLEDGMENT State of California ) County of ) On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Signature of Notary Public C-8 8541 Hamilton Street-Purchase Sale Agmt I 1-7.docx P117 EXHIBIT "A" DESCRIPTION OF THE LAND LOT 15 OF TRACT NO. 9038, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 126 PAGES 52 AND 53 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. C-9 8541 Hamilton Street-Purchase Sale Agmt I 1-7.docx P118 EXHIBIT "D" FORM OF GRANT DEED WHEN RECORDED RETURN TO Pomona Valley Habitat for Humanity 2111 Bonita Avenue Laverne, CA 91750 Attn: Jody Gmeiner (CEO) THE AREA ABOVE IS RESERVED FOR RECORDER'S USE No recording fee required; this document exempt from fee pursuant to Section 27383 of the California Government Code GRANT DEED For a valuable consideration, receipt of which is hereby acknowledged. THE CITY OF RANCHO CUCAMONGA, a California Municipal Corporation ("Grantor"), acting to carry out the City of Rancho Cucamonga Acquisition/Rehabilitation and Resale ("ARR") activity adopted pursuant to the Neighborhood Stabilization Program enacted by the United States Legislature as part of the Housing and Economic Recovery Act of 2008 (Pub. L. 110-289, adopted July 30, 2008), as of 2012, hereby grants to Pomona Valley Habitat for Humanity, a California non-profit corporation ("Grantee"), that certain real property described in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"). 1. The Grantee covenants and agrees to use, occupy and maintain the Property only for the acquisition, rehabilitation, and resell of Property to a Qualified Homebuyer approved by the City, all in accordance with the terms and conditions set forth in the certain Purchase and Sale Agreement, dated , 2012 ("Agreement"), the Affordable Housing Covenants, Conditions and Restrictions Affecting Real Property ("Declaration"), and other requirements as set forth herein and therein. All terms used herein shall have the meanings set forth in the Agreement and Declaration. 2. Developer covenants and agrees to comply with all of the covenants contained in the Agreement, Declaration and those contained herein. 3. The Grantee covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property herein conveyed, nor D-1 8541 Hamilton Street-Purchase Sale Agmt I I-7.docx P119 shall the Grantee itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use of occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. All deeds, leases or contracts made relative to the Property, the improvements thereon or any part thereof, shall contain or be subject to substantially the following nondiscrimination clauses: a. In deeds: "The Grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the Grantee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The forgoing covenants shall run with the land." b. In leases: "The Lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the leasing, subleasing, transferring, use of occupancy, tenure or enjoyments of the land herein leased, nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices if discrimination or segregation with reference to the selection, location, number, use of occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." C. In contracts: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection location, number, use or occupancy of tenants, lessees, sublessees,subtenants or vendees in the land." 4. No violation or breach of the covenants, conditions, restrictions, provisions or limitation contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument permitted by the DDA; provided, however, that any successor of Grantee to the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. D-2 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P120 5. The covenants of this Grant Deed shall be binding for the benefit of the Grantor, its successors and assigns, the City of Rancho Cucamonga and any successor in interest to said parties. Such covenants shall run in favor of the Grantor and such aforementioned parties for the entire period during which such covenants shall be in force and effect, without regard to whether the Grantor is or remains an owner of any land or interest therein to which such covenants relate. The Grantor and such aforementioned parties, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or contained in this Grant Deed shall be for the benefit of and shall be enforceable only by the Grantor, its successors and such aforementioned parties. 6. In the event of any express conflict between this Grant Deed, the Agreement or the Declaration, the provisions of this Grant Deed shall control. 7. The Covenants and Conditions of this Grant Deed shall be deemed to be covenants running with the land and shall bind future purchasers, encumbrances and transferees. Executed on in Rancho Cucamonga, California. CITY OF RANCHO CUCAMONGA, a municipal corporation By: L. Dennis Michael Mayor ATTEST: APPROVED AS TO FORM: Jan Reynolds City Attorney City Clerk State of California ) County of Los Angeles ) On before me, (here insert name and title of the officer),personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is we and correct. WITNESS my hand and official seal. D-3 8541 Hamilton Street-Purchase Sale Agmt 1 I-7.docx P121 Signature (Seal) GRANTEE'S ACCEPTANCE OF CONDITIONS, COVENANTS AND RESTRICTIONS The provisions of this Grant Deed are hereby approved and accepted. POMONA VALLEY HABITAT FOR HUMANITY, a California non-profit corporation By: Jody Gmeiner Chief Executive Officer Date: State of California ) County of Los Angeles ) On before me, (here insert name and title of the officer),personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) D-4 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P122 EXHIBIT "E" LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 LEAD WARNING STATEMENT Every purchaser of any interest in residential real property on which a residential dwelling was built before 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead- - based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended before purchase. SELLER'S DISCLOSURE 1. Presence of lead-based paint and/or lead-based paint hazards (check items a or b below): a. Known lead-based paint and/or lead-based paint hazards are present in the housing. If checked, the following explanation is provided: b. _X_ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. 2. Records and reports available to Seller(check item a or b below): a. _X_ Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing. If checked, the following documents were provided: Lead-Based Paint Inspection Report prepared by Home Safe Environmental, dated March 15, 2011. b. Seller has no reports or records pertaining to lead-based paint and/or lead- based paint hazards in the housing. BUYER'S ACKNOWLEDGMENT 1. "Buyer has read the Lead Warning Statement above and understands its contents, and has received copies of all information listed above. 2. Buyer has received the pamphlet Protect Your Family from Lead in Your Home. 3. Buyer has either (check one of the boxes below): received a 10-day opportunity(or mutually agreed-upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. E-1 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P123 AGENT'S ACKNOWLEDGMENT BY AGENT'S EXECUTION BELOW, AGENT ACKNOWLEDGES THAT: Agent has informed Seller of Seller's obligations under 42 U.S.C. §4852d and is aware of his or her responsibility to ensure compliance. CERTIFICATION OF ACCURACY The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. SELLER: BUYER: CITY OF RANCHO CUCAMONGA, POMONA VALLEY HABITAT FOR HUMANITY, a municipal corporation a California nonprofit corporation By: By: L. Dennis Michael Jody Gmeiner Mayor Chief Executive Officer AGENT: E-2 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P124 EXHIBIT "F" FORM OF CC&R'S RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Attn: City Clerk With a Certified Copy to: Pomona Valley Habitat for Humanity 2111 Bonita Avenue Laverne, CA 91750 Attn: Jody Gmeiner (CEO) APN: 202-444-04-0-000 (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) AFFORDABLE HOUSING COVENANTS. CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY THESE AFFORDABLE HOUSING COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY ("CCR's") affect the real property commonly known as 8541 Hamilton Street, Rancho Cucamonga, California, and legally described on Exhibit "A" attached hereto and incorporated herein by this reference. These CCR's are entered into this day of 2012 (the "Effective Date"), by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("City") and Pomona Valley Habitat for Humanity ("Habitat"), together with its successors, assigns and successors-in-interest. These CCR's shall be binding upon and inure to the benefit of subsequent purchasers ("Owners") who sign these CCR's, as indicated on the signature page of these CCR's. RECITALS WHEREAS, the City is a California municipal corporation which has received funds ("NSP Funds") from the United States Department of Housing and Urban Development pursuant to the federal Housing and Economic Recovery Act of 2008 and Neighborhood Stabilization Program for the purpose of acquisition and redevelopment of abandoned and foreclosed homes and residential properties to provide decent, safe, sanitary and affordable housing for low income households in the City; and F-1 8541 Hamilton Street-Purchase Sale Agmt I 1-7.docx P125 WHEREAS, the City desires to increase, improve and preserve affordable homeownership opportunities available to low and moderate income households within the City; and WHEREAS, to promote this goal, the City has established the NSP Acquisition/Rehabilitation and Resale Program (the "City NSP Program") pursuant to which the City will acquire, sell and/or rehabilitate single-family homes for the purpose of occupancy by qualified low income households; and WHEREAS, the City has acquired the land, improvements and fixtures known as 8541 Hamilton Street (the "Property"). The land including the Property is described on Exhibit "A" attached hereto; WHEREAS, the City is selling the Property to Habitat pursuant to a Purchase and Sale Agreement dated , 2012 (the "Purchase Agreement") subject to the condition that Habitat execute, deliver and record these CC&R's which, among other things, impose certain continuing restrictions and obligations related to and on the Property; and WHEREAS, in connection with the sale and as described in the Purchase Agreement, Habitat is delivering a $295,000 purchase money promissory note to City for the purchase price of the Property evidencing a conditional grant made by City to Habitat (the "Purchase Money Loan"), and such promissory note is secured by a deed of trust, assignment of rents, security agreement and fixture filing recorded against the Property ("Deed of Trust"); WHEREAS, Habitat and subsequent purchasers who sign these CCR's agree for themselves, their successors and assigns and all successors-in-interest to all or any portion of the Property that the Property is to be sold and used exclusively as a residence for low, moderate middle income families who previously were residents of the City of Rancho Cucamonga for at least one (1) year, at an Affordable Purchase Price in perpetuity, as more particularly set forth below; and WHEREAS, the City also has an interest in insuring that the Property funded by the Program is properly maintained and remains attractive. NOW, THEREFORE, in consideration of the promises contained below and other good and sufficient consideration, the receipt of which is hereby acknowledged, the City and the Habitat agree that the Property against which these covenants, conditions and restrictions are recorded shall be held, sold and conveyed subject to the following covenants, conditions and restrictions. 27. City of Rancho Cucamonga Supports Affordable Housing. The City supports affordable housing for low-income residents within the City of Rancho Cucamonga as set forth in regulations published in 24 Code of Federal Regulations Part 92. 28. Definitions. For purposes of this Agreement, the following definitions shall apply: F-2 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P126 28.1 Low Moderate Middle Income: A family whose income does not exceed one-hundred twenty percent (120%) of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. 28.2 Eligible Household: A household who previously resided in the City of Rancho Cucamonga for at least one (1) year (as verified by Owner based on reasonable evidence provided by the household) whose annual income does not exceed one-hundred twenty percent (120%) of area median income for San Bernardino County. 28.3 Affordable Purchase Price: The Property shall be sold at an affordable purchase price ("Affordable Purchase Price"). The Affordable Purchase Price must result in an affordable monthly housing cost to the Eligible Household which does not exceed 30% of the Eligible Household's monthly income. Monthly housing cost shall include mortgage principal, mortgage interest, taxes, insurance, and a reasonable allowance for utilities. Developer shall obtain the City's approval of the proposed Affordable Purchase Price for the Property prior to executing a purchase and sale agreement with an Eligible Household. 28.4 Owners: Means any subsequent owners who purchase the property subsequent to Habitat. 29. Term: Affordability Period. The affordability period for these covenants, conditions and restrictions shall continue in perpetuity following the Effective Date. 30. Resale Restriction. Subject to Habitat and City's Right of First Refusal and the Affordability Exit Fee provision described in Paragraph 7 below and repayment of the Purchase Money Loan, the Property may be sold by the Owners during the Affordability Period. 31. Resale/Refinancing Fee. If Owners elect to sell the Property, the Owners shall repay the Purchase Money Loan to the City and shall also pay to the City: (a) One hundred percent (100%) of the Net Sales Proceeds or Refinancing Proceeds (as hereinafter defined) shall be due to the City in the event of a sale or occurring prior to ten (10) years after the Effective Date; (b) Seventy-five percent (75%) of the Net Sales Proceeds or Refinancing Proceeds shall be due to the City in the event of an Ineligible Sale occurring prior to twenty (20) years after the Effective Date; (c) Fifty percent (50%) of the Initial Equity or Refinancing Proceeds shall be due to the City in the event of an Ineligible Sale occurring prior to thirty (30) years after the Effective Date; (d) Twenty-five percent (25%) of the Net Sales Proceeds or Refinancing Proceeds shall be due to the City in the event of an Ineligible Sale occurring prior to forty (40) years after the Effective Date; (e) No Resale/Refinancing Fee shall be due upon any sale occurring after forty (40) years. F-3 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P127 As used herein, the term "Net Sales Proceeds" shall mean (A) the purchase price paid to Owner for the Property less the sum of(i) the balance of the Habitat Purchase Money Promissory Note (which is to be repaid concurrently with the sale); and (ii) deductions by the escrow holder of costs payable by the Owner for brokerage commissions, recording charges, title insurance, escrow fees, and similar reasonable closing costs; less (B) the sum of(i) the loan from City to Owner for the Property; (ii) any additional costs paid by Owner as buyer through the escrow for the purchase of the Property by Owner from Habitat; (iii) actual, documented improvements to the Property paid for by Owner using Owner's own funds (as shown by reasonable evidence delivered to City) that increased the value of the Property, as reasonably determined by City. 32. Right of First Refusal. Habitat and City shall have the right of first refusal if Owners, its successors or its assigns, elect to sell the Property to a party other than an Eligible Household at an affordable purchase price. Habitat shall have the first Opportunity to exercise the Right of First Refusal. Within five (5) business days of receipt by Owner of an offer to purchase the Property, Owner shall give written notice to City and Habitat of the proposed sale of the Property. Habitat shall have fifteen (15) days from receipt of the notice from Owner to give written notice to Owner of its exercise the Right of First Refusal. Habitat may credit the balance of the Habitat Purchase Money Promissory Note against the purchase price. If Habitat does not exercise the Right of First Refusal within that time, the City shall have an additional period of fifteen (15) days to give written notice of City's exercise of the Right of First Refusal. The City may credit the City Promissory Note against the purchase price. 33. Monitoring by the City. On or about July 1 st, of each calendar year, the City will mail a form to the record owner of the Property to confirm that the Property is occupied solely by Eligible Households at an Affordable monthly purchase price. The Owners of the Property shall complete the form and return it to the City within thirty (30) calendar days after receipt of the request from the City. City may also at any time contact the occupants of the Property in order to verify compliance with the Program and these CC&R's. 34. Binding on Successors in Interest. Habitat and the Owners hereby covenant and agree that their heirs, successors and assigns, and every successor in interest to the Property, or any part thereof shall comply with each and every term, covenant, condition and restriction contained herein. These CCR's shall run with the land, any other provision of law notwithstanding, and shall be enforceable by the City in an action for specific performance against the Owners and their successors and assigns. 35. Maintenance of Property. The Owners agree, for itself, its successors and assigns, that they shall maintain the Property, dwelling unit, improvements, landscaping and fixtures in good repair and shall keep the Property free from any accumulation of debris or waste materials, consistent with the customary practice and so as not to create a nuisance, or violate any provision of the City of Rancho Cucamonga Municipal Code (the "Municipal Code"). F-4 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P128 35.1 All exterior painted surfaces shall be maintained at all times in a clean and presentable manner, free from chipping, cracking and defacing marks. Any such defacing marks shall be cleaned or removed within the time as set forth in subparagraph (d) below. 35.2 The Owners shall at all times maintain the front exterior, visible side exteriors and yard in a clean, safe and presentable manner, free from defacing marks or any disrepair. The Owners shall maintain and/or repair the front exterior or rear or visible side yard and exterior of the dwelling unit. 35.3 All graffiti and defacement of any type, including marks, words and pictures, must be removed and any necessary painting or repair completed within one (1) week of their creation or within one (1) week after notice to Owners. 35.4 All driveways must be paved and maintained with impervious material in accordance with the Municipal Code. 36. Remedies for Breach. Upon breach of any of these CCR's, Habitat and the City may exercise any and all remedies available to them at law or equity. These remedies include, without limitation, an action for injunctive relief or specific performance, and accelerating the payment of the Promissory Notes of Habitat or City, as applicable. If the City Manager or his or her designee finds that the conditions of the dwelling unit or the Property constitute a breach of Section 9 of this Agreement, then the City shall so notify the Owners in writing and the Owners shall have five (5) calendar days following this written notice to correct or abate such breach. If the conditions are not corrected to the reasonable satisfaction of the City Manager, then the City, its employees or its agents may enter upon the Property to remedy and abate the conditions creating the breach. Owner shall reimburse City within five (5) business days after written demand for City's costs of remedying the conditions creating the breach, including, without limitation, administrative, overhead, and engineering costs. The obligation to pay such costs shall be secured by the Deed of Trust. The provisions of this Section 10 are supplemental to all other legal rights and remedies available to the City. 37. City and Habitat as Beneficiaries. The City and Habitat are the beneficiaries of the terms and provisions of these CCR's running with the land, both for and in their own right, and for the purposes of protecting the interests of the community and other parties, public or private, for whose benefit these CCR's running with the land have been provided. These CCR's shall run in favor of the City and Habitat without regard to whether they have been, remain, or are an owner or has any interest in the Property or in any other parcel in the City. The City and Habitat shall have the right, but not the obligation, to exercise all rights and remedies and to maintain any actions at law or in equity or any other proceedings to enforce these CCR's. 38. Nonwaiver. The failure of City to enforce any one or more of the covenants, conditions or restrictions contained herein on any one or more occasions shall not constitute a waiver of the City's right to enforce the covenants, conditions and restrictions in the future. F-5 8541 Hamihon Street-Purchase Sale Agmt 11-7.docx P129 39. Noncompliance. In the event of noncompliance with any provision under these CCR's, the City may take any and all enforcement actions provided for by any provision of the Municipal Code, or exercise any other remedy under the law to which the City may be entitled. Should the City bring an action to enforce the terms of these OCR's, the prevailing party shall be entitled to costs of suit, including reasonable attorneys' fees. 40. Deemed Consent. Any person who now or hereafter owns or acquires any right, title or interest in or to the Property shall be deemed to have consented and agreed to every covenant, condition and restriction contained herein whether or not any reference to these CCR's is contained in the instrument by which such person acquired an interest in the Property. CITY OWNER CITY OF RANCHO CUCAMONGA, a POMONA VALLEY HABITAT FOR California municipal corporation HUMANITY, a California nonprofit corporation By: By: L. Dennis Michael Jody Gmeiner Mayor Chief Executive Officer Attest: Jan Reynolds City Clerk Approved as to form: City Attorney ADDITIONAL SIGNATURES OF SUBSEQUENT OWNERS AND PURCHASE FOLLOW ON SEPARATE PAGES F-6 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P130 We, the undersigned are purchasers of the property described in these AFFORDABLE HOUSING COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY. We have read, understand and acknowledge the terms of these AFFORDABLE HOUSING COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY and we agree to be bound by their terms. Purchaser Purchaser Printed Name Printed Name Signature Signature Date: Date: Purchaser Purchaser Printed Name Printed Name Signature Signature Date: Date: F-7 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P131 EXHIBIT "A" TO CCR'S DESCRIPTION OF THE LAND LOT 15 OF TRACT NO. 9038, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 126 PAGES 52 AND 53 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. F-8 8541 Hamilton Street-Purchase Sale Agmt 1 I-7.docx P132 EXHIBIT "G" FORM OF HABITAT PROMISSORY NOTE HABITAT PROMISSORY NOTE SECURED BY FIRST DEED OF TRUST $ Rancho Cucamonga, Califomia , 20_ FOR VALUE RECEIVED, a ("Borrower") hereby promises to pay to POMONA VALLEY HABITAT FOR HUMANITY, a California nonprofit corporation ("Lender"), or order, the principal amount of AND NO/100 DOLLARS ($ ), with no interest. This Habitat Promissory Note Secured by First Deed of Trust (the "Promissory Note") is delivered (and is to be performed) as payment of the purchase price for the Property payable by Borrower to Lender under that certain Purchase and Sale Agreement dated 20_between Lender, as seller, and Borrower, as buyer (the "Agreement"). 1. Borrower shall pay monthly installments of principal in the amount of $ per month on the first day of each month commencing Borrower shall also pay to Lender to be placed in an impound account for the payment of property taxes and property insurance an estimated monthly amount Of , which amount shall be adjusted by Lender as necessary to pay property taxes and insurance on the Property. 2. All payments by Borrower to Lender shall be credited first toward prorated property taxes due, then toward prorated property insurance due, then toward late fees, and then toward principal. 3. This Habitat Promissory Note is secured by a Habitat First Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing dated , 20 executed by Borrower, as trustor, in favor of Lender, as beneficiary. Section 24 of the Habitat First Deed of Trust provides that if the real property described in the Deed of Trust, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written consent of Lender, then Lender may elect to declare the principal of this Habitat Promissory Note and all accrued taxes, insurance fees, and late fees immediately due and payable. Further upon any default of this Note, the CC&R's or the Habitat First Deed of Trust, Lender may elect to declare the principal of this Habitat Promissory Note and all accrued taxes, insurance fees, and late fees immediately due and payable 4. A late fee of may be charged by Lender for each monthly payment which is not received by Lender within days of the payment due date. G-1 8541 Hamilton Street-Purchase Sale Aunt l l-7.docx - P133 5. The outstanding principal may be prepaid. 6. All sums payable under this Promissory Note are payable to Lender at 2111 Bonita Avenue, La Verne, California, 91750, Attn: , or at such other place as the Executive Director of Lender may inform the Borrower in writing, in lawful money of the United States. 7. The Borrower waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses and pleas on the ground of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice. 8. The Borrower hereby agrees to pay all costs and expenses, including reasonable attorneys' fees, which may be incurred by the holder hereof, in the enforcement of this Note or any term or provision hereof. 9. The failure of Lender to exercise any right to accelerate described herein (and any deliver in exercise of such right), shall not constitute a waiver of the right to exercise such right. 10. The Promissory Note shall be governed by the laws of the State of California. BORROWER: By: Print Name: Title: By: Print Name: Title: G-2 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P134 EXHIBIT "H" FORM OF HABITAT FIRST DEED OF TRUST Recording Requested By, and When Recorded Mail To: Pomona Valley Habitat for Humanity 2111 Bonita Ave. Laverne, CA 91750 Attn: APN: 202-444-04-0-000 HABITAT FIRST DEED OF TRUST With Assignment of Rents, Security Agreement, and Fixture Filing This DEED OF TRUST is dated as of 20 , and is executed by ("Trustor"), in favor of FIRST AMERICAN TITLE INSURANCE COMPANY, as trustee ("Trustee"), and the POMONA VALLEY HABITAT FOR HUMANITY a California nonprofit corporation, as beneficiary ("Beneficiary"). Trustor grants, transfers, and assigns to Trustee, in trust, with power of sale, and right of entry and possession, all of Trustor's interest in that land in the County of San Bernardino, State of California, described on Exhibit "A" attached hereto; Together with the rents, issues, and profits thereof, subject, however, to the right, power, and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues, and profits; and together with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and all fixtures, including but not limited to all gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers, stoves, ranges, bath tubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantels, cabinets, refrigerators, whether mechanical or otherwise, cooking apparatus and appurtenances, and all shades, awnings, screens, blinds and other furnishings, it being hereby agreed that all such fixtures and furnishings shall to the extent permitted by law be deemed to be permanently affixed to and a part of the realty; and Together with all building materials and equipment now or hereafter delivered to the premises and intended to be installed therein; and Together with all articles of personal property owned by the Trustor now or hereafter attached to or used in and about the improvements (including buildings) now erected or hereafter to be erected on the lands described which are necessary for the comfortable use and occupancy H-1 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P135 of such improvements (including buildings) for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating affordable housing, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same are, or shall be attached to the improvements or buildings in any manner. To have and to hold the property hereinbefore described together with appurtenances to the Trustee, its or his successors and assigns (the "Property"). FOR THE PURPOSE of securing and securing payment of an obligation of the Trustor to the Beneficiary in the principal sum of$ as evidenced by that certain Promissory Note Secured by Deed of Trust of substantially even date herewith executed by Trustor in favor of Beneficiary, and all modifications, amendments and restatements thereof(the "Habitat Promissory Note") and any sums payable by Trustor or its successors-in-interest under Section 12 of these certain Covenants, Conditions and Restrictions Affecting Real Property (including Resale Restriction, Exit Fee, and Right of First Refusal) (the "CC&R's"). AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: 1. That it timely perform each and every covenant contained in (and otherwise comply with) the Habitat Promissory Note, this Deed of Trust and the CC&R's dated concurrently or substantially concurrently herewith, executed by Trustor and recorded in the Official Records of San Bernardino County, California (collectively the "Agreements"), it being understood that the CC&R's and Trustor's obligations thereunder and performance thereof are not, however, secured by this Deed of Trust, but that a default under the CC&R's shall constitute a default under the Note and this Deed of Trust. 2. That this Deed of Trust is executed pursuant to that certain Purchase and Sale Agreement between Trustor and Beneficiary dated , 20. 3. That all rents, profits and income from the Property are hereby assigned to the Beneficiary for the purpose of securing the obligations of Trustor under the Note. Permission is hereby given to Trustor, so long as no default exists hereunder, to collect such rents, profits and income. 4. That upon default under any of the Agreements that is not uncured within any applicable cure period expressly provided in the applicable Agreements, Beneficiary shall be entitled to the appointment of a receiver by any court having jurisdiction, without notice, to take possession and protect the Property and operate same and collect the rents, profits and income therefrom; 5. That the Trustor will keep the improvements now existing or hereafter erected on the Property insured against loss by fire and such other hazards, casualties, and contingencies as may be required from time to time by the Beneficiary (earthquake insurance not required), and all such insurance shall be evidenced by standard fire and extended coverage insurance policy or policies. In no event shall the amounts of coverage be less than one hundred (100%) percent of the insurable value of the improvements, and in default thereof the Beneficiary shall have the H-2 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P136 right to obtain such insurance. Such policies shall be endorsed with standard mortgage clause with loss payable to the Beneficiary; 6. To pay, before delinquency, any taxes and assessments affecting the Property including assessments on appurtenant water stock; when due, all payments due under or secured by encumbrances, charges and liens, with interest, on the Property or any part thereof which appear to be prior or superior hereto; all costs, fees, and expenses of this Trust; 7. To pay when due all claims for labor performed and materials furnished with respect to the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon; not to willfully commit or permit waste thereof; not to willfully commit, suffer or permit any act upon the Property in violation of law and/or covenants, conditions and/or restrictions affecting the Property; 8. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear; 9. Should Trustor fail to do any act as herein provided, then Beneficiary or Trustee, but without obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiary or Trustee being authorized to enter upon the Property for such purposes, may commence, appear in and/or defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; may pay, purchase, contest, or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ counsel, and pay his reasonable fees; 10. The Beneficiary shall have the right to pay fire and other property insurance premiums when due should Trustor fail to make any required premium payments. All such payments made by the Beneficiary shall be added to the principal sum secured hereby; 11. To pay immediately and without demand all sums expended by Beneficiary or Trustee, under permission given under this Deed of Trust, with interest from date of expenditures at the lesser of(i) the maximum rate permitted by applicable law; or (ii) ten percent (10%) per annum; 12. The Trustor further covenants that it will not create, suffer, or permit to be created against the Property any lien or liens and further that it will keep and maintain the property free from the claims of all persons supplying labor or materials which will enter into the rehabilitation or construction of any and all improvements now being rehabilitated or constructed or to be rehabilitated or constructed on the Property, or will cause the release of or will provide a bond against any such liens within ten (10) days of Trustor's receipt of notice of the lien or liens. Nothing herein contained shall be deemed to prohibit the Trustor from contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the Trustor; 13. That the improvements upon the Property, and all plans and specifications, comply with all municipal ordinances and regulations and all other regulations made or promulgated, now or hereafter, by lawful authority, and that the same will comply with all such H-3 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P137 municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization, bureau, association or office; IT IS MUTUALLY AGREED THAT: 14. Should the Property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner, the Beneficiary shall be entitled subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust, to all compensation, awards, and other payments or relief therefore, and shall be entitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement, in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting the Property, are hereby assigned to the Beneficiary subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust. After deducting therefrom all its expenses, including attorneys' fees, and if Trustor is not in default, Beneficiary shall apply all such proceeds to restoring the Property, or in the event of Trustor's default or in the event Trustor determines not to rebuild, the Beneficiary shall retain the proceeds to the extent of the amount of principal and interest due under the Note. Any balance of such proceeds still remaining shall be disbursed by the Beneficiary to the Trustor. 15. Upon default by Trustor under any of the Agreements which is not cured within any applicable cure period expressly provided in the applicable Agreements, the Beneficiary may (but shall not be obligated to) declare all sums evidenced by the Note immediately due and payable by delivery to Trustee of written declaration of default and demand for sale, and of written notice of default and of election to cause the property to be sold, which notice Trustee shall cause to be duly filed for record and the Beneficiary may foreclose this Deed of Trust in the manner provided by law. In such event, Beneficiary shall also deposit with Trustee this Deed, the notes and all documents evidencing expenditures secured hereby; 16. After the lapse of such time as may then be required by law following the recordation of the notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, either as a whole or in separate parcels, and in such order as it may determine at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the . sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser its Deed conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, may purchase at the sale. The Trustee shall apply the proceeds of sale to payment of(1) the expenses of such sale, together with the reasonable expenses of this trust including therein reasonable Trustee's fees or attomeys' fees for conducting the sale, and the actual cost of publishing, recording, mailing and posting notice of the sale; (2) the cost of any search and/or other evidence of title procured in connection with such sale and revenue stamps on Trustee's Deed, if the latter is not paid by buyer; (3) all sums expended under the terms hereof, not then repaid, with accrued H-4 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P138 interest at the rate specified in the notes; (4) all other sums then secured hereby; and (5) the remainder, if any, to the person or persons legally entitled thereto; 17. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by Beneficiary, containing reference to this Deed and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee; 18. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed is hereby waived to the full extent permissible by law; 19. Upon written request of Beneficiary stating that all obligations secured hereby have been performed, and upon surrender of this Deed of Trust to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the Property then held hereunder. The recitals in such reconveyance of any matters or fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto;" 20. The trust created hereby is irrevocable by Trustor; 21. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall include not only the original Beneficiary hereunder but also any future Developer and holder including pledges, of the notes secured hereby. In this Deed, whenever the context so requires, the masculine gender includes the feminine, and the singular number includes the plural; 22. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law the Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of any action of proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee; 23. The Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to it at the address provided in the Purchase and Sale Agreement, or to such other address as Trustor may provide in writing to Trustee from time to time. 24. All principal and accrued interest under the Promissory Note shall, at the election of Beneficiary (in its sole and absolute discretion) given by written notice to Beneficiary, become due and payable immediately if the Property, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written approval of Beneficiary. 25. This Deed of Trust is also intended to be and shall constitute both a Security H-5 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P139 Agreement and a "fixture filing" as defined in the California Commercial Code, the Trustor being the Debtor and the Beneficiary being the Secured Party. Trustor hereby grants Beneficiary a security interest in all fixtures, and in all goods which are or are to become fixtures on the land, for the purpose of securing all indebtedness and other obligations of Trustor now or hereafter secured by this Deed of Trust. The products of such collateral are also covered hereby. This Deed of Trust, as a fixture filing, is to be recorded in the real estate records covering the real property covered hereby. Trustor authorizes Beneficiary to execute, deliver, file and record (as necessary) financing and continuation statements covering such property from time to time in such form as Beneficiary may require to perfect and continue the perfection of Beneficiary's security interest with respect to such property, and to reimburse Beneficiary for any costs incurred in filing such financing statements and any continuation statements. Trustor shall not create or allow the creation of any other security interest in such property. Upon the occurrence of any default by Trustor hereunder, Beneficiary shall have the rights and remedies of a secured party under the California Commercial Code, as well as all other rights and remedies available at law or in equity or as provided herein, all at Beneficiary's option. Trustor and Beneficiary agree that the filing of a financing statement in the records normally having to do with personal property shall never be construed as in any way derogating from or impairing this declaration and the hereby stated intention of the parties hereto that everything used in connection with the operation or occupancy of such property or the production of income therefrom is and, at all times and for all purposes and in all proceedings, both legal and equitable, shall be regarded as real property encumbered by this Deed of Trust and fixture filing, irrespective of whether (a) any such item is physically attached to the buildings and improvements, (b) serial numbers are used for the better identification of certain equipment, or (c) any such item is referred to or reflected in any such financing statement so filed at any time. Such mention in the financing statement is declared to be for the protection of the Beneficiary in the event any court or judge shall at any time hold that notice of Beneficiary's priority of interest must be filed in the Uniform Commercial Code records to be effective against a particular class of persons, including, but not limited to, the federal government and any subdivisions or entities of the federal government. IN WITNESS WHEREOF the Trustor has executed this Deed of Trust as of the day and year set forth above. TRUSTOR TRUSTOR Date: Date: Printed Name Printed Name H-6 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P140 ACKNOWLEDGMENT State of California ) County of ) On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Signature of Notary Public ACKNOWLEDGMENT State of California ) County of ) On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Signature of Notary Public H-7 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P141 EXHIBIT "A" DESCRIPTION OF THE LAND LOT 15 OF TRACT NO. 9038, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 126 PAGES 52 AND 53 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. H-8 8541 Hamilton Street-Purchase Sale Agnt 11-7.docx P142 EXHIBIT "I" FORM OF CITY PROMISSORY NOTE CITY PROMISSORY NOTE SECURED BY SECOND DEED OF TRUST $ Rancho Cucamonga, California , 20 FOR VALUE RECEIVED, a ("Borrower") hereby promises to pay to the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("Lender"), or order, the principal amount of TWO HUNDRED NINETY FIVE THOUSAND AND NO/100 DOLLARS ($295,000.00), plus interest as provided below. This Promissory Note Secured by Deed of Trust (the "Promissory Note") is delivered (and is to be performed) as payment of a portion of the purchase price for the Property payable by Borrower to Lender under that certain Purchase and Sale Agreement dated 20_between Lender, as seller, and Pomona Valley Habitat for Humanity (the "Agreement"). Pursuant to the Agreement Pomona Valley Habitat for Humanity purchased the Property from Lender for rehabilitation and resale to Borrower. The Agreement requires that upon resale by Pomona Valley Habitat for Humanity to Borrower, the Borrower must execute this City Promissory Note in favor of Lender. This City Promissory Note is a conditional grant by Lender to Borrower(the "Conditional Grant"). 1. Commencing on the date hereof, principal hereunder shall accrue simple interest at the rate of three percent (3%)per annum. 2. All principal and accrued interest shall become due and payable on the earlier of the occurrence of a default under this City Promissory Note Secured by Deed of Trust ("Note") or the CCR's signed by Borrower in accordance with the Agreement. 3. The outstanding principal may not be prepaid. 4. All sums payable under this Promissory Note are payable to Lender at 10500 Civic Center Drive, P.O. Box 807, Rancho Cucamonga, California 91729-0807, or at such other place as the Executive Director of Lender may inform the Borrower in writing, in lawful money of the United States. 5. The Borrower waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses and pleas on the ground of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice. I-1 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P143 6. The Borrower hereby agrees to pay all costs and expenses, including reasonable attorneys' fees, which may be incurred by the holder hereof, in the enforcement of this Note or any term or provision hereof. 7. This Promissory Note is secured by a City Second Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing dated , 20 executed by Borrower, as trustor, in favor of Lender, as beneficiary. Section 24 of the City Second Deed of Trust provides that if the real property described in the Deed of Trust, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written consent of Lender, then Lender may elect to declare the principal of this City Promissory Note and all accrued interest immediately due and payable. 8. The failure of Lender to exercise any right to accelerate described herein (and any deliver in exercise of such right), shall not constitute a waiver of the right to exercise such right. 9. The Promissory Note shall be governed by the laws of the State of California. BORROWER: Signature Date: Print Name: Signature Date: Print Name: I-2 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P144 EXHIBIT "J" FORM OF CITY SECOND DEED OF TRUST Recording Requested By, and When Recorded Mail To: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Attn: City Clerk APN: 202-444-04-0-000 This document is exempt from the payment of a recording fee pursuant to Government Code section 27383. CITY SECOND DEED OF TRUST With Assignment of Rents, Security Agreement, and Fixture Filing This DEED OF TRUST is dated as of 20, and is executed by ("Trustor"), in favor of FIRST AMERICAN TITLE INSURANCE COMPANY, as trustee ("Trustee"), and the CITY OF RANCHO CUCAMONGA, a California municipal corporation, as beneficiary ("Beneficiary"). Trustor grants, transfers, and assigns to Trustee, in trust, with power of sale, and right of entry and possession, all of Trustor's interest in that land in the County of San Bernardino, State of California, described on Exhibit "A" attached hereto; Together with the rents, issues, and profits thereof, subject, however, to the right, power, and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues, and profits; and together with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and all fixtures, including but not limited to all gas.and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers, stoves, ranges, bath tubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantels, cabinets, refrigerators, whether mechanical or otherwise, cooking apparatus and appurtenances, and all shades, awnings, screens, blinds and other furnishings, it being hereby agreed that all such fixtures and furnishings shall to the extent permitted by law be deemed to be permanently affixed to and a part of the realty; and Together with all building materials and equipment now or hereafter delivered to the premises and intended to be installed therein; and J-1 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P145 Together with all articles of personal property owned by the Trustor now or hereafter attached to or used in and about the improvements (including buildings) now erected or hereafter to be erected on the lands described which are necessary for the comfortable use and occupancy of such improvements (including buildings) for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating affordable rental housing, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same are, or shall be attached to the improvements or buildings in any manner. To have and to hold the property hereinbefore described together with appurtenances to the Trustee, its or his successors and assigns (the "Property"). FOR THE PURPOSE of securing and securing payment of a contingent obligation of the Trustor to the Beneficiary in the principal sum of$295,000.00 as evidenced by that certain City Promissory Note Secured by Deed of Trust of substantially even date herewith executed by Trustor in favor of Beneficiary, and all modifications, amendments and restatements thereof(the "City Promissory Note") and which evidences a conditional grant; and any sums payable by Trustor or its successors-in-interest under Section 12 of these certain Covenants, Conditions and Restrictions Affecting Real Property (including Resale Restriction, Exit Fee, and Right of First Refusal) (the "CC&R's"). AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: 1. That it timely perform each and every covenant contained in (and otherwise comply with) the City Promissory Note, this Deed of Trust and the CC&R's dated concurrently or substantially concurrently herewith, executed by Trustor and recorded in the Official Records of San Bernardino County, California (collectively the "Agreements"), it being understood that the CC&R's and Trustor's obligations thereunder and performance thereof are not, however, secured by this Deed of Trust, but that a default under the CC&R's shall constitute a default under the Note and this Deed of Trust. 2. That this Deed of Trust is executed pursuant to that certain Purchase and Sale Agreement between Pomona Valley Habitat for Humanity and Beneficiary dated , 20_ 3. That all rents, profits and income from the Property are hereby assigned to the Beneficiary for the purpose of securing the obligations of Trustor under the Note. Permission is hereby given to Trustor, so long as no default exists hereunder, to collect such rents, profits and income. 4. That upon default under any of the Agreements that is not uncured within any applicable cure period expressly provided in the applicable Agreements, Beneficiary shall be entitled to the appointment of a receiver by any court having jurisdiction, without notice, to take possession and protect the Property and operate same and collect the rents, profits and income therefrom; J-2 8541 Hamilton Street-Purchase Sale Agmt I 1-7.docx P146 5. That the Trustor will keep the improvements now existing or hereafter erected on the Property insured against loss by fire and such other hazards, casualties, and contingencies as may be required from time to time by the Beneficiary (earthquake insurance not required), and all such insurance shall be evidenced by standard fire and extended coverage insurance policy or policies. In no event shall the amounts of coverage be less than one hundred (100%) percent of the insurable value of the improvements, and in default thereof the Beneficiary shall have the right to obtain such insurance. Such policies shall be endorsed with standard mortgage clause with loss payable to the Beneficiary; 6. To pay, before delinquency, any taxes and assessments affecting the Property including assessments on appurtenant water stock; when due, all payments due under or secured by encumbrances, charges and liens, with interest, on the Property or any part thereof which appear to be prior or superior hereto; all costs, fees, and expenses of this Trust; 7. To pay when due all claims for labor performed and materials furnished with respect to the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon; not to willfully commit or permit waste thereof, not to willfully commit, suffer or permit any act upon the Property in violation of law and/or covenants, conditions and/or restrictions affecting the Property; 8. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear; 9. Should Truster fail to do any act as herein provided, then Beneficiary or Trustee, but without obligation to do so and without notice to or demand upon Truster and without releasing Truster from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiary or Trustee being authorized to enter upon the Property for such purposes, may commence, appear in and/or defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; may pay, purchase, contest, or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ counsel, and pay his reasonable fees; 10. The Beneficiary shall have the right to pay fire and other property insurance premiums when due should Trustor fail to make any required premium payments. All such payments made by the Beneficiary shall be added to the principal sum secured hereby; 11. To pay immediately and without demand all sums expended by Beneficiary or Trustee, under permission given under this Deed of Trust, with interest from date of expenditures at the lesser of(i) the maximum rate permitted by applicable law; or (ii) ten percent (10%) per annum; 12. The Trustor further covenants that it will not create, suffer, or permit to be created against the Property any lien or liens and further that it will keep and maintain the property free from the claims of all persons supplying labor or materials which will enter into the rehabilitation or construction of any and all improvements now being rehabilitated or constructed or to be rehabilitated or constructed on the Property, or will cause the release of or will provide a bond against any such liens within ten (10) days of Truster's receipt of notice of the lien or liens. J-3 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx _ P147 Nothing herein contained shall be deemed to prohibit the Trustor from contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the Trustor; 13. That the improvements upon the Property, and all plans and specifications, comply with all municipal ordinances and regulations and all other regulations made or promulgated, now or hereafter, by lawful authority, and that the same will comply with all such municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization, bureau, association or office. IT IS MUTUALLY AGREED THAT: 14. Should the Property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner, the Beneficiary shall be entitled subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust, to all compensation, awards, and other payments or relief therefore, and shall be entitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement, in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting the Property, are hereby assigned to the Beneficiary subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust. After deducting therefrom all its expenses, including attorneys' fees, and if Trustor is not in default, Beneficiary shall apply all such proceeds to restoring the Property, or in the event of Trustor's default or in the.event Trustor determines not to rebuild, the Beneficiary shall retain the proceeds to the extent of the amount of principal and interest due under the Note. Any balance of such proceeds still remaining shall be disbursed by the Beneficiary to the Trustor. 15. Upon default by Trustor under any of the Agreements which is not cured within any applicable cure period expressly provided in the applicable Agreements, the Beneficiary may (but shall not be obligated to) declare all sums evidenced by the Note immediately due and payable by delivery to Trustee of written declaration of default and demand for sale, and of written notice of default and of election to cause the property to be sold, which notice Trustee shall cause to be duly filed for record and the Beneficiary may foreclose this Deed of Trust in the manner provided by law. In such event, Beneficiary shall also deposit with Trustee this Deed, the notes and all documents evidencing expenditures secured hereby; 16. After the lapse of such time as may then be required by law following the recordation of the notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, either as a whole or in separate parcels, and in such order as it may determine at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser its Deed conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive J-4 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P148 proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, may purchase at the sale. The Trustee shall apply the proceeds of sale to payment of(1) the expenses of such sale, together with the reasonable expenses of this trust including therein reasonable Trustee's fees or attorneys' fees for conducting the sale, and the actual cost of publishing, recording, mailing and posting notice of the sale; (2) the cost of any search and/or other evidence of title procured in connection with such sale and revenue stamps on Trustee's Deed, if the latter is not paid by buyer; (3) all sums expended under the terms hereof, not then repaid, with accrued interest at the rate specified in the notes; (4) all other sums then secured hereby; and (5) the remainder, if any, to the person or persons legally entitled thereto; 17. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by Beneficiary, containing reference to this Deed and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee; 18. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed is hereby waived to the full extent permissible by law; 19. Upon written request of Beneficiary stating that all obligations secured hereby have been performed, and upon surrender of this Deed of Trust to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the Property then held hereunder. The recitals in such reconveyance of any matters or fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto;" 20. The trust created hereby is irrevocable by Trustor; 21. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall include not only the original Beneficiary hereunder but also any future Developer and holder including pledges, of the notes secured hereby. In this Deed, whenever the context so requires, the masculine gender includes the feminine, and the singular number includes the plural; 22. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law the Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of any action of proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee; 23. The Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to it at such address as Trustor may provide in writing to Trustee from time to time. J-5 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P149 24. All principal and accrued interest under the Promissory Note shall, at the election of Beneficiary (in its sole and absolute discretion) given by written notice to Beneficiary, become due and payable immediately if the Property, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written approval of Beneficiary. 25. This Deed of Trust is also intended to be and shall constitute both a Security Agreement and a "fixture filing" as defined in the California Commercial Code, the Trustor being the Debtor and the Beneficiary being the Secured Party. Trustor hereby grants Beneficiary a security interest in all fixtures, and in all goods which are or are to become fixtures on the land, for the purpose of securing all indebtedness and other obligations of Trustor now or hereafter secured by this Deed of Trust. The products of such collateral are also covered hereby. This Deed of Trust, as a fixture filing, is to be recorded in the real estate records covering the real property covered hereby. Trustor authorizes Beneficiary to execute, deliver, file and record (as necessary) financing and continuation statements covering such property from time to time in such form as Beneficiary may require to perfect and continue the perfection of Beneficiary's security interest with respect to such property, and to reimburse Beneficiary for any costs incurred in filing such financing statements and any continuation statements. Trustor shall not create or allow the creation of any other security interest in such property. Upon the occurrence of any default by Trustor hereunder, Beneficiary shall have the rights and remedies of a secured party under the California Commercial Code, as well as all other rights and remedies available at law or in equity or as provided herein, all at Beneficiary's option. Trustor and Beneficiary agree that the filing of a financing statement in the records normally having to do with personal property shall never be construed as in any way derogating from or impairing this declaration and the hereby stated intention of the parties hereto that everything used in connection with the operation or occupancy of such property or the production of income therefrom is and, at all times and for all purposes and in all proceedings, both legal and equitable, shall be regarded as real property encumbered by this Deed of Trust and fixture filing, irrespective of whether (a) any such item is physically attached to the buildings and improvements, (b) serial numbers are used for the better identification of certain equipment, or (c) any such item is referred to or reflected in any such financing statement so filed at any time. Such mention in the financing statement is declared to be for the protection of the Beneficiary in the event any court or judge shall at any time hold that notice of Beneficiary's priority of interest must be filed in the Uniform Commercial Code records to be effective against a particular class of persons, including, but not limited to, the federal government and any subdivisions or entities of the federal government. J-6 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P150 IN WITNESS WHEREOF the Trustor has executed this Deed of Trust as of the day and year set forth above. TRUSTOR TRUSTOR Signature Signature Date: Date: Printed Name Printed Name J-7 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P151 ACKNOWLEDGMENT State of California ) County of On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Signature of Notary Public ACKNOWLEDGMENT State of California ) County of ) On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Signature of Notary Public J-8 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P152 EXHIBIT "A" DESCRIPTION OF THE LAND LOT 15 OF TRACT NO. 9038, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 126 PAGES 52 AND 53 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. J-9 8541 Hamilton Street-Purchase Sale Agmt 11-7.docx P153 STAFF REPORT COMMUNITY SERVICES DEPART\4ENT RANCHO Date: November 7, 2012 CjUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director Yp By: Francie Palmer, Community Services Marketing Manager Subject: CONSIDERATION OF THE RECOMMENDATION FROM THE PARK AND RECREATION COMMISSION REGARDING THE APPROVAL OF THE ANNUAL STREET BANNER SCHEDULE AND APPLICATIONS FOR CALENDAR YEAR 2013 RECOMMENDATION The Park and Recreation Commission recommends that the City Council approve the attached annual street banner schedule for calendar year 2013. BACKGROUND/ANALYSIS Annually, the Community Services Department requests applications for banner displays on Base Line Road and Archibald Avenue. According to City policy, only City sponsored events and activities are eligible to display banners. These groups provide us a ready- made banner at their cost. The Park and Recreation Commission reviewed the street banner applications and schedule for calendar year 2013 at their October 18, 2012, meeting and recommended approval. FISCAL IMPACT No fiscal impact. Respectfully submitted, Nettie Nielsen Community Services Director Attachments Schedule of banner displays for calendar year 2013 P154 Banner Display Schedule 2013 Updated1018 112 Organization Event Event Date Display Dates Location CSD-Registration Spring Registration N/A Feb. 18-March 4 BOTH Quakes 2013 Opening Day April 4,2013 March 25-April 8 BOTH Library National Library Week April 14-April 21,2013 April 8-April 22 BOTH CSD-North Town Cinco de Mayo Event May 4,2013 April 22-May 6 Archibald CSD-Events Cucamonga Challenge/Wellness May 11, 2013 April 29-May 13 Base Line CSD-Registration Summer Registration N/A April 22-April 29 Base Line CSD-Events 4th of July Spectacular July 4,2013 June 3-July 8 - Base Line Fire Car Show June 23, 2013 June 10-June 24 Archibald CSD-Events Concerts&Movies July 8-August 9,2013 July 8-July 29 Base Line CSD-Registration Fall Registration N/A July 22-Aug.5 Archibald - RCPD National Night Out August 6, 2013 July 29-Aug.5 Base Line Fire Open House/Fire Prevention Week October 12,2013 Sept. 30-Oct. 14 BOTH CSD-Events Founders Day Comm. Parade November 9,2013 Oct.21 -Nov. 11 Base Line CSD-Registration Winter Registration N/A Nov. 18-Dec.2 Base Line Fire Spark of Love Toy Drive Nov. 28- Dec.26,2013 Nov.25- Dec.23 Archibald Spark of Love Toy Drive Nov. 28- Dec.26,2013 Dec. 2-Dec. 23 Base Line P155 City of Rancho Cucamonga Community Services Department STREET BANNER APPLICATION Organization: �j�� l� � - epartmenc —6� Contact _ Phone: Off✓-- V__:__ E-mail: Z Gt Address: 2 11140 _ City:N C-------- — State:^_zip: BANNER INFORMATION } EventlProgram: Date of Event/Program: , h �.g Brief description of event: 1-1/V1 Z A n Z Requested'Dates of Banner Display From: To:14,&7M Location: Base Line .Archibald Both Use space below or attach copy of banner layout,artwork and text and colors used Applications will not be processed without proposed text and artwork ist�r �oVj }1�D IZt rp /zi1H- v 5 I have received a copy, have read and understand,and agree to abide by the rules of the City of Rancho Cucamonga Street Banner Polity..) have been fully authorized by the above organization to submit this form and serve as the primary contact.I hereby hold harmless the City of Rancho Cucamonga, its officers,employees and agents from any and all liability for damages or loss or inj either to persons or property which may be sustained while this banner is posted. Signature: Date:} Date Received Date heard by Commission LO-4154 17 Date Reviewed by Staff ''O Recommended by Commission: #Yes #No Staff Reviewer If no,why not recommended New applicant #Yes #No Date heard by Council New Banner #Yes #No Council Action: #Approved #Denied Dates Approved ZI �g 3f Location:Archilp Id Dates Approved _..��_� Location: Base Lin P156 r - City of Rancho Cucamonga Community Services Department STREET BANNER APPLICATION _._ Organization: 1�C�I'1C�1� CUCQh 1 (� Q`JCQ KPH Department �\�i Contact inn Sp _ c Speer- Phone: _ q09 �O `7VV E-mail: _ -s r Address 5108 hoc h P 5, e r Ale city. .Y1C11t� C'.(.�l'Gm�,nna Stater C- z;p:__gl730 BANNER INFORMATION Event/Program:: hC (�' UCt K-eS tMebg. 11 RQ13 opening QC( y Date of Event/Program: Brief description of event: (i CL.KeC bc1scbn l aUl SPgCOr1 homF t7 Y1Pf Requested Dates of Banner Display From:Cr) ),;o13 To: (p1aC{� Location: Base Line Archibal Both Use space below or attach copy of banner layout,artwork and text and colors used .Applications will not be processed without proposed text and artwork a I have received a copy, have read and understand,and agree to abide by the rules of the City of Rancho Cucamonga Street Banner Policy. I have been fully authorized by the above organization to submit this form and serve as the primary contact 1 hereby hold harmless the City Rancho Cucamonga,its officers,employees and agents from any and all liability for damages or loss or in}ury eitperso sot pro a which may be sustained while thisbanner is posted. Signatur /i` / Date: 9�a /'� STAFF fUSE ONLY Date Received Date heard by Commission Date Reviewed by Staff Recommended by Commission:#Yes #No Staff Reviewer If no,why not recommended New applicant #Yes eE No Date heard by Council New Banner #Yesn#N ly�� Council Action: #Approved #Denied Dates Approved !� 25 L412) Location:Archibald Dates Approved 25 Location: Base Line P157 U' vl W Y a O V Md P158 n City of Rancho Cucamonga i . I Community Services Department STREET BANNER APPLICATION Organization: Rancho Cucamonga Public Library Department Library Contact Vivian Garcia Phone: 909-477-2720, ext. 5040 E-mail: vgarcia @cityofrc.us Address: 7366 Archibald Avenue City: .Bancho Cucamonga State: CA Zip: 91730 BANNER INFORMATION Event/Program: National Library Week and/or Telethon 2013 Date of Event/Program: April 14 to April 21 2013 Brief description of event National Library Week – celebrating Libraries Requested Dates of Banner Display From: Aril 11 10: April 22, 2013 Location: ,Base Line Archibald Both Use space below or attach copy of banner layout, artwork and text and colors used Applications will not be processed without proposed text and artwork - White background, black printing with dates of National Library Week. I have received a copy,have read and understand,and agree to abide by the rules of the City of Rancho Cucamonga Street Banner Policy.I have been fully authorized by the above organization to submit this form and serve as the primary contact.I hereby hold harmless the City of Rancho Cucamonga,its officers, employees and agents from any and all liability for damages or loss or injury either to persons or prop rty which may be sustained while this banner is posted. Signature: LtJGa Date: _August ?�a 2012 0 Date Received r� Date heard by Comm!ssion Date Reviewed by 5 ff Z ¢commended by Commission: #Yes #No Staff Reviewer 1— If no,why not recommended New applicant #Yes #No Date heard by Council New Banner #1Ye's ,.No Council Action: #Approved #Denied Dates Approved `'f 'i o� D, Location:Archibald Dates Approved – �� Location: Base Line P159 City of Rancho Cucamonga Community Services Department STREET BANNER APPLICATION Organization: � � �_�` Department: �rjQ�__ ( Y�_�S Contaccl"11 �1 pr�1Q"-&,r z` Phone:_ oq 3Lp3 E-mail: r_ 11 A!e �1► ArpZ @� Address:q-jqj1 Rt"0_( D City: • C-. State: _-M_zip: BANNER INFORMATION Event/Program: G n C-0- alp-, ay Date of Event/Program: / I'_:� / Brief description of event: �•Q AH ni �/ Apr th io 3 n Requested Dates of Banner Display From: To: 5' LD " �3 Location: Base Line Archibald Both Use space below or attach copy of banner layout, artwork and text and colors used Applications will not be processed without proposed text and artwork I have received a copy, have read and understand, and agree to abide by the rules of the City of Rancho Cucamonga Street Banner Policy. I have been fully authorized by the above organization to submit this form and serve as the primary contact. I hereby hold harmless the City of Rancho Cucamonga, its officers, employees and agents from any and all liability for damages or loss or in'ury either to persons or property which may be sustained while this banner is posted. Signatur . Date: STAFF USE ONLY 5 Date Received 2 a04U rn Date heard by Commission Date Reviewed by Staff 13— Recommended by Commission: #Yes #No Staff Reviewer If no, why not recommended New applicant #Yes N® Date heard by Council New Banner #Yes Council Action: #Approved #Denied Dates Approved U(aa- - S�Lp Location:Archibald Dates Approved ------r__ _• Location: Base Line P160 _ City of Rancho Cucamonga Community Services Department STREET BANNER APPLICATION Organization: Cj1 _i D C R• C • Department ContacCme, _��,__K,�y� ±±— Phonne: E-mail: m�1�Sa—keale ,�� y��ys Address: City: _R___G. State:C—zip: __q�,30 BANNER INFORMATION ��' Evenr/Program:rA, o l.1Y Dr)Qn . rl)__� .�\P Yin / 1 ePl\ness Date of Event/Program: vppA J 2D Brief description of eve nx: � P . Y �'�� / y�11 a1�r '-C, CC�,OIL., Requested Dates of Banner Display From: 2 To: A 2 Location Base Line Archibald Both Use space below or attach copy of banner layout, artwork and text and colors used Applications will not be processed without proposed text and artwork I have received a copy, have read and understand, and agree to abide by the rules of the City of Rancho Cucamonga Street Banner Policy. I have been fully authorized by the above organization to submit this form and serve as the primary contact. I hereby hold harmless the City of Rancho Cucamonga its officers, employees and agents from any and all liability for damages or loss or injury either to persons or property which may be sustained while this banner is posted. Signature: _ _ OCt I I Date: ?)J Z1 I 1 -2— STAFF USE ONLY Date Received l ,21`,0Lf'Y%Date heard by Commission [7 Date Reviewed by Staff l7 Recommended by Commission: #Yes #No Staff Reviewer If no,why not recommended New applicant #Yes #No Date heard by Council New Banner #Yes #No Council Action: #Approved #Denied Dates Approved1Location:Archibald Dates Approved A _ q I 2 Location: Base Line P161 City of Rancho Cucamonga r - Community Services Department ra•. STREET BANNER APPLICATION Organisation: I ( U U f C �-- Department LJ� Conta Phone:_ 2-7Q__0 E-mail: {�E�f�l'�1� � Yy7G • L"IBS _._ __ Addres�ss: l2QQ �il�jL ! IcOR�I City 1 'C State: Zip:g J� BANNER INFORMATION Event/Program: A,}'Ylryu'r- Date of Event/Program: Brief description of event �W M M o,i/±� Requested Dates of Banner Display From: I a Z ' To: Location: Base Line Archibald Both t Use space below or attach copy of banner layout,artwork and text and colors used Applications will not be processed without proposed text and artwork _ • �5•►5-tr.� Novt� I have received a copy, have read and understand, and agree co abide by the rules of the City of Rancho Cucamonga Street Banner Policy. I have been fully authorized by the above organization to submit this form and serve as the primary contact. I hereby hold harmless the City of Rancho Cucamonga,its officers, employees and agents from any and all liability for damages or loss or in either to p ons or property which may be sustained while this banner is posted. Signature: Date: Date Received Date heard by Commission Date Reviewed by Staff Recommended by Commission: #Yes #No Staff Reviewer If no,why not recommended New applicant #Yes #No Date heard by Council .� New Banner #Yes #No Council Action: #Approved #Denied • Dates Approved Location:Archibald u` Dates Approved aa — �— vocation: Base Line P162 City of Rancho Cucamonga Community Services Department STREET BANNER APPLICATION Organization: �1�Y�'C R. C . Department l -yen s Contact iS_r-' L _ Phone: 9D9 -1 1 -2-U0- -EA- 22-1 E-mail• 111P,ILS,ca keel b ec +�i o-' RG•U Address: cerl+�,q D City: R. C. State:� zip: G X13 0 'BANNER INFORMATION Event/Program: tfih D-r 1 t Date of Event/Program: — y O t tA i 1 Oj Brief description of event . 411-1 O-F Requested Dates of Banner Display From: UL 63 To: >/ 3> Location: Base Line Archibald a Both Use space below or attach copy of banner layout, artwork and text and colors used Applications will not be processed without proposed text and artwork I have received a copy, have read and understand, and agree to abide by the rules of the City of Rancho Cucamonga Street Banner Policy. I have been fully authorized by the above organization to submit this form and serve as the primary contact. I hereby hold harmless the City of Rancho Cucamonga its offices, employees and agents from any and all liability for damages or loss or injury either to persons or property which may be sustained while this banner is posted. SignatureQ Pz-� Date: STAFF USE ONLY Date Received "Z� Date heard by Commission Date Reviewed by S ff � Recommended by Commission: #Yes #No Staff Reviewer If no,why not recommended New applicant #Yes- #N Date heard by Council New Banner #Yes #N Council Action: #Approved #Denied Dates Approved Location:Archibald Dates Approved �!' ? Location: Base Line P163 _ City of Rancho Cucamonga Community Services Department STREET BANNER APPLICATION Organization: _Ad/',) Deparmenc Contact: ��°�/ }/l/la/C�St➢1 Phone: IWV 171-,-7770 ,,v 3D0Z E-mail: gi c'ALdlpr as Address: /O500 C/;iC City: 4/K✓lo 62'tx /IOYtA2 State:, (W Zip: �Z/2-32 BANNER INFORMATION Event/Program: tl7l r�Af' Alw Date of Event/Program: L,4&?p/�� 3��yyW13 ��// / / G [ Brief description of event tag!2w wolh hT pthl keG 6�-7Qfif �0(Y�LL/rIn SU '12 Requested Dates of Banner Display From: -/0 _To: �� //3 Location: Base Line Archibald oth Use space below or attach copy of banner layout, artwork and text and colors used Applications will not be processed without proposed text and artwork . ��d Q23 ca s4au I have received a copy, have read and understand, and agree to abide by the rules of the City of Rancho Cucamonga Street Banner Policy. I have been fully authorized by the above organization to submit this form and serve as the primary contact. I hereby hold harmless the City of Rancho Cucamonga,its officers, employees and agents from any and all liability for damages or loss or injury either to persons or property which may be sustained while this banner is posted. Signature/ L17� Date: /� /� STAFF USE ONLY Date Received Qj• 1 Date heard by Commission Date Reviewed by Staff )• AA1QLC>hD Recommended by Commission: #Yes #No Staff Reviewer l b I �i 1 C;'^ If no,why not recommended New applicant #Yes No Date heard by Council New Banner #Yes o Council Action: #Approved #Denied y��✓ Dates roved Ulf 1� f+PP � �� Location:Archi Id n�� Dates Approved Location: Base Line '�\ P164 City of Rancho Cucamonga Community Services Department STREET BANNER APPLICATION Organization: l<I l Y p_i IC. C . Department SO w a `7— Contact: M li S KC 11e_±+, Phone:9Qq_4-M- 2 E-mail: QJie ([J('.tG.US' Address: /�Q City: �. G• State:_CAzip: CIII?JO BANNER INFORMATION Event/Program: m D V e j / C O yh� C e_r Date of Event/Program: 1-� " 1 3 — L/01 1 Brief description of event: C fr)nc., i ,t-s �)2 Requested Dates of Banner Display From: �' b " ) To: . 12 Location: Base Line Archibald Both Use space be ow or attach copy of banner layout, artwork and text and colors used Applications will not be processed without proposed text and artwork I have received a copy, have read and understand, and agree to abide by the rules of the City of Rancho Cucamonga Street Banner Policy. I have been fully authorized by the above organization to submit this form and serve as the primary contact. I hereby hold harmless the City of Rancho Cucamonga, its officers, employees and agents from any and all liability for damages or loss or in'u either co persons or property which may be sustained while this banner is posted. - Signature: Date: STAFF USE ONLY Date Received 0 . Date heard by Commission 17 Date Reviewed by Staff I Recommended by Commission: #Yes #No Staff Reviewer If no, why not recommended New applicant #Yes ''#Noy Date heard by Council New Banner #Yes #No Council Action: #Approved #Denied Dates Approved —� Location:Archibald Dates Approved —7 r 2 49 Location: Base Line P165 City of Rancho Cucamonga Community Services Department /s �_I V��_ STREET BANNER APPLICATION Organization: ,� _0+ ' RCi _ t Departmen Contact i_�_ { �j� _ Phone:. E-mail Address: City: ICt� _ State: BANNER INFORMATION Event/Program:51 Date of Event/Program: I Brief description of event 5" Requested Dates of Banner Display From: 'Z To: I 1 3 Location: Base Line Archibald Both Use space below or attach copy of banner layout, artwork and text and colors used Applications will not be processed without proposed text and artwork New -fbr ell fi v� I have received a copy,have read and understand,and agree to abide by the rules of the City of Rancho Cucamonga Street Banner Policy. I have been fully,authorized by the above organization to submit this form and serve as the primary comam I hereby hold harmless the City of Rancho Cucamonga,its officers,employees and agents from any and all liability for damages or loss or id either to p ons or property which may be sustained while this banner is posted. Signature Date: I S StAFF USE ONLY Date Received ss MC15 Date heard by Commiion o1 �}Date Reviewed by S Recommended by Commission: #Yes #No Staff Reviewer _ If no,why not recommended New applicant #Yes #No Date heard by Council New Banner "Yes N C� Council Action: #Approved #Denied Dates Approved / 4- Location:Archibald Dates Approved '— Location:Base Line P166 City of Rancho Cucamonga Community Services Department ? /STRR/E�YET BANNER APPLICATION - Organisation:: 1✓C-/IGHO Department Contact_ Phone: (';0 f77—Z9.'0 E-mail: d?,5 < /fin '� Addre!s: � ��-e� F" _ City. _/" 7c" "L LAC� State: (i%' Zip /p/7c — BAN14ER INFORMATION l / EvendProgram: Date cf.EvendProgram: I1d� �i �U�3 �n tOtt rzq es t2sr an .SU OtQ ,re ee r /+l,,as Bri�d ascription of event l Requea:ed Dates of Baer Display From: J7 /Z3/'_3 To: 06 Loca&m:- .Base line Archibald Both I Use sF ace below or attach copy of banner layout,artwork and text and colors used Applica:ions will not be processed without proposed text and artwork L I have i eceived a copy, have read and understand,and agree to abide by the rules of the City of Rancho Cucamonga Street . Banner Policy.I ha,e been fully authorized by the above organization to submit this form and serve as the primary conam I hereby hold harml:ss the City of Rancho Cucamonga its officers, employees and agents from any and all liabiliy for damages or loss or i��jury yeither to persons or property rich may be sustained while this banner is posted. Signatiret!iC e Date: 9/' M MWL STAFF USE ONLY Date R xeived_ Date heard by Commission Date R Mewed by Staff B 1 ..Recommended by Commission: #Yes #No Staff N viewer _ If no,why not recommended New al,pliant #No Date heard by Council New B inner #No Council Action: kApproved #Denied Dates,lpproved_ Location:Archibald c Dates Approved _ !� '— Loatlon:We Line Z d 699Z-LL4-606 U011% SuepreD BUGMA dL0 L0 Z L L L deS P167 _ City of Rancho Cucamonga Community Services Department STREET BANNER APPLICATION Organization: 1eaa;I ,o acd,2 n 16Pc Department Contact &1W )JPna/iSa9 Phone: 19412 y717-x770 1C.34UZ E-mail: pC. Address::/05/00 Cam" r& /PR City /rQ�x/ra LCKQ/l70Y1A2 State: CW Zip: 9/7i BANNER INFORMATION Event/Program: fi-2e I/)'/ �� Il_ �/ ?l� PFIr, Date of Event/Program: OC><c)lx�r Brief description of event lice �613� Requested Dates of Banner Display From: 1;12� ,30 _To: 4CI,17 1 Location: Base Line Archibald Both Use space below or attach copy of banner layout, artwork and text and colors used Applications will not be processed without proposed text and artwork Z'f.s Fite 1*evw4,;77 Zelelek I have received a copy, have read and understand,and agree to.abide by the rules of the{ity.of Rancho Cucamonga Street - Banner Policy..I have been fully authorized by the above organization to submit this form and serve as the primary contac[.1I' hereby hold harmless the City of Rancho Cucamonga, its officers, employees and agents from any and all liability for damages or loss or injury either o persons�o,r,,proo�,p/erty which may be sustained while this banner is posted. Signaturl1�- 1'b7� Date: STAFF USE ONLY Date Received •q • 12 Date heard by Commission ' Date Reviewed by Staff �•rf% p Recommended by Commission: #Yes #No { Staff Reviewer 1 0 ;2> I If no,why not recommended New applicant #Yes No Date heard by Council New Banner Oyes Council o Council Action: #Approved #Denied ( 1 Dates Approved —y C) — I D/I+ Location:Archibald Dates Approved "I 3U ` Location: Base Line P168 _ City of Rancho Cucamonga Community Services Department STREET BANNER APPLICATION Organization:prjl Dt R• C Departmenc0-� �w �prt�� GV��'CJ. Contactme�l. _� K� the t Phone: IDq- 1+71 -_2 U-0vtx+_ 221 E-mail: 17a2�IS�SkP �s0� R G U� Address: City: R• G• State:_� zip: 1 I,3O BANNER INFORMATION Event/Program: A nJf'X�S Date of Event/Program: ' Brief description of event Para Requested Dates of Banner Display From: 2) To: L 12 I Location: Base Line Archibald Both Use space below or attach copy of banner layout, artwork and text and colors used Applications will not be processed without proposed text and artwork I have received a copy, have read and understand, and agree to abide by the rules of the City of Rancho Cucamonga Street Banner Policy. I have been fully authorized by the above organization to submit this form and serve as the primary contact. I hereby hold harmless the City of Rancho Cucamonga, its officers, employees and agents from any and all liability for damages or loss or injury either to persons or property which may be sustained while this banner is posted. Signature: _. d\ Date:Date: T2 - STAFF USE ONLY Date Received -'t7- -20a mate heard by Commission Dace Reviewed Staff 1 ' Recommended by Commission: #Yes #No Staff Reviewer If no,why not recommended New applicant #Yes < N Date heard by Council New Banner #Yes 9D Council Action: #Approved #Denied Dates Approved i Location:Archibald Dates Approved ' D17-1 — i 1 h ' Location: Base Line P169 City of Rancho Cucamonga Community Services Department n STREET BANNER APPLICATION Organization: C l EA Cf ry Department: _ GrJ� ContaccS�I Z _ Phone: E-mail: Address: - 0 City: 2Yi State: Zi p: BANNER INFORMATION Event/Program: llV I I�3LN df 1_1+ 16 1+7 rn Date of Event/Program: Ii11/r io e j y� 'l }� yrrr I f r y Brief description of event 1 {Z Requested Dates of Banner Display From: II l To Base Line Archibald B th Use space below or attach copy.of banner layout, artwork and text and colors used Applications will not be processed without proposed text and artwork V " ✓> tu.S I have received a copy, have read and understand, and agree to abide by the rules of the City of Rancho Cucamonga Street Banner Policy. I have been fully authorized by the above organization to submit this form and serve as the primary contact.1 hereby hold harmless the City of Rancho Cucamonga,its officers,employees and agents from any and all liability for damages or loss or inj either to persons or property which may be sustained while this banner is posted. Signature: Date: � ' t� ` 12— Date Received Date heard by Commission .� Date Reviewed by Staff Recommended by Commission: #Yes #No Staff Reviewer If no, why not recommended New applicant #Yes #No Date heard by Council New Banner #Yes A101 Council Action: #Approved #Denied Dates Approved \� Location:Archibald Dates Approved ` '— i 2 Z Location: Base Line P170 City of Rancho Cucamonga Community Services Department STREET BANNER APPLICATION Organization: /r///ICfii-7 ///r�mm� / Department Contact ALIW /} J2AI11(0) Phone: lVV67TW770 ,r.30or E-mail: KP�/�.L�7l��Se✓I lr l/�iRC_G/S Address::p/6500 U'/11/G City: /14�o L'L.rainc7?A6( State: e,q Zip: 9/7 BANNER INFORMATION / _ Event/Program: / �K d� 1071-2 Date of Event/Program: �6 Brief description of event �2/ /A �l a rrf a-/./ 4%1'g .( nn oYl S Requested Dates of Banner Display From: To: X120 �26 Location: Base Line Archibald Bot Use space below or attach copy of banner layout,artwork and text and colors used Applications will not be processed without proposed text and artwork �2� DFF a Neu l/�u��PEG Trz) I have received a copy, have read and understand,and agree to abide:by.the rules of the _City of Rancho Cucamonga Stneef: Banner Policy. I have been fully authorized by the above organization to submit this form and serve as the primary contact`T' - hereby hold harmless the City of Rancho Cucamonga, its officers, employees and agents from any and all liability for damages or.loss or injury either to persons or property which may be sustained while this banner is posted. Signatur Date: o � STAFF USE ONLY Date Received B/CL Date heard by Cemmiccinn Date Reviewed by Staff Recommended by Commission: #Yes #No Staff Reviewer 1 If no, why not recommended New applicant #Yes Date heard by Council New Banner #Yes No Council Action: #Approved #Denied Dates Approved I ( I �r�� I z f Z Location:Archibald Dates Approved i— " 2 �� Location: Base Line P171 STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT RANCHO Date: November 7, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director By: Kenneth Fung, Assistant Engineer Subject: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT AND AUTHORIZE THE CITY CLERK TO ADVERTISE THE "NOTICE INVITING BIDS", TO BE FUNDED FROM ACCOUNT NO. 1025001-5607 (CAPITAL RESERVE) RECOMMENDATION Staff recommends the City Council approve the plans and specifications for the Etiwanda Creek Park Sports Lighting Replacement Project and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS Etiwanda Creek Park contains two (2) sports fields. Each field is illuminated by four (4) sets of lighting fixtures mounted on their respective poles. The Sports Lighting Replacement Project consists of the removal and replacement of the existin-lyV;/enty-four year old lighting fixtures and the installation of the new electrical wiring. The new light fixtures will use less energy and still provide the same level of lighting. With the reduction of fixture wattage from 1500-watt to 1000-watt, staff anticipates a reduction in energy consumption of 11% as well as a noticeable decrease in maintenance costs due to the increased longevity of the new fixtures. To minimize the project's impact on team practices, the specifications will require that any sports lighting fixtures removed must be replaced the same working day. Legal advertising is scheduled for November 13, 2012 and November 27, 2012, with a bid opening at 2:00 pm on Tuesday, December 18, 2012, unless extended by Addenda. A mandatory pre-bid job walk is scheduled at 9:00 am on Tuesday, December 4, 2012. Staff anticipates awarding a contract on January 16, 2013. Because of the long lead time between ordering and receiving the lighting fixtures, the lighting fixture replacement work is not expected to commence until April, 2013. The contractor will have 25 working days to complete the work. Res tfully ubmitt d, William Wittkopf, Public Works Services Director WW:kf Attachments: Vicinity Map and Resolution P172 RESOLUTION NO. 12-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT" BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, December 18, 2012, sealed bids or proposals for the "ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT' in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, 'Bid for Construction of the "ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT'. A mandatory Pre-Bid meeting and site tour will be held on Tuesday, December 4, 2012, beginning at 9:00 a.m. at Etiwanda Creek Park. The address of Etiwanda Creek Park is 5939 East Avenue, Rancho Cucamonga, CA 91739. Attendees are required to sign in at the Pre-Bid meeting. Bids from companies that did not have a representative sign in at the Pre-Bid meeting will be rejected. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on Resolution No. - Page 1 of 4 P173 file in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. They can also be found at www.dir.ca,gov/ under the "Statistics and Research" Tab. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. Resolution No. - Page 2 of 4 P174 The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "C-10" License (Electrical Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ciplist.com and signing up, by going to Member Login or Member Signup (it's free), then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho Cucamonga and click on City Projects, then click on the Project of interest under the Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website then printed. Prospective bidders must register for an account on www.ciplist.com to be included on the prospective bidder's list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the Resolution No. - Page 3 of 4 P175 information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciplist.com and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for the "ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT"" may be directed to: Andrew Miller or Kenneth Fung Senior Electrician Assistant Engineer 10500 Civic Center Drive 9153 Ninth Street Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4094 (909) 477-2730 ext. 4139 (e-mail at andrew.miller(cDcitvofrc.us) (e-mail at ken neth.fung()cityofrc.us) All questions regarding this Notice Inviting Bids must be in writing (e-mail is acceptable) and received by the City no later than 5:00 pm on Monday, December 10, 2012. The City is not responsible for questions undeliverable. ADVERTISE ON: November 13, 2012 and November 27, 2012 Resolution No. _- Page 4 of 4 P176 CITY OF RANCHO CUCAMONGA. PROJECT LUMTS Ile IML � k UPLAND m, .K 9 e f Rh &;Vm FONTANA rRT - 9 •I1• Y �M IIKLf Wll.fit ONTARU O CITY OF RANCHO CUCAMONGA VICINITY MAP ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT r P177 STAFF REPORT PUBLIC WORKS SERVICES DEPARnIFNT RANCHO Date: November 7, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director By: Kenneth Fung, Assistant Engineer Subject: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE SPORTS COMPLEX CLARIFIER REPLACEMENT PROJECT AND AUTHORIZE THE CITY CLERK TO ADVERTISE THE "NOTICE INVITING BIDS", TO BE FUNDED FROM ACCOUNT NO. 1025001-5602 (CAPITAL RESERVE) RECOMMENDATION Staff recommends the City Council approve the plans and specifications for the Sports Complex Clarifier Replacement Project and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS After years of use, the existing Sports Complex clarifier has started to deteriorate. To comply with environmental requirements, the clarifier must be replaced. The scope of work includes saw cutting and removing the concrete slab over the existing clarifier, disconnecting the pipes, removing the existing clarifier, installing the new sand oil interceptor, reconnecting the pipes and finally pouring a new concrete slab. The manufacturer has sand oil interceptors in stock so there is no lead time to order the clarifier. Legal advertising is scheduled for November 13, 2012, with a bid opening at 2:00 p.m. on Tuesday, December 4, 2012, unless extended by Addenda. A mandatory pre-bid job walk is scheduled at 9:00 a.m. on Monday, November 19, 2012. Staff anticipates awarding a contract on December 19, 2012. The contractor will have 15 working days to complete the work. RI e/4pu s mi d, William Wittkopf, Public Works Services Director WW:kf Attachments: Vicinity Map and Resolution P178 RESOLUTION NO. 12-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE SPORTS COMPLEX CLARIFIER REPLACEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the .City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "SPORTS COMPLEX CLARIFIER REPLACEMENT PROJECT" BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, December 4, 2012, sealed bids or proposals for the "SPORTS COMPLEX CLARIFIER REPLACEMENT PROJECT" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of,Rancho Cucamonga, California, marked, "Bid for Construction of the ""SPORTS COMPLEX CLARIFIER REPLACEMENT PROJECT". A mandatory Pre-Bid meeting and site tour will be held on Monday, November 19, 2012, beginning at 9:00 a.m. at the Sports Complex. The address of the Sports Complex is 8408 Rochester Avenue, Rancho Cucamonga, CA 91730. Attendees are required to sign in at the Pre-Bid meeting. Bids from companies that did not have a representative sign in at the Pre-Bid meeting will be rejected. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Resolution No. - Page 1 of 4 P179 Cucamonga, California, and are available to any interested party on request. They can also be found at www.dir.ca.gov/ under the "Statistics and Research" Tab. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars Resolution No. - Page 2 of 4 P180 ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "A" License (General Engineering Contractor), Class "B" (General Building Contractor) or Class "C-36" (Plumbing Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ciplist.com and signing up, by going to Member Login or Member Signup (it's free), then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho Cucamonga and click on City Projects, then click on the Project of interest under the Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website then printed. Prospective bidders must register for an account on www.ciplist.com to be included on the prospective bidder's list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the Resolution No. - Page 3 of 4 P181 information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciplist.com and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for the "SPORTS COMPLEX CLARIFIER REPLACEMENT PROJECT"" may be directed to: Delvin Harbour or Kenneth Fung Facilities Maintenance Coordinator Assistant Engineer 9153 Ninth Street 9153 Ninth Street Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 91730 (909) 477-2730, ext. 2389 (909) 477-2730 ext. 4139 (e-mail at delvin.harbour(a)cityofrc.us) (e-mail at kenneth.funq(o)citvofrc.us) All questions regarding this Notice Inviting Bids must be in writing (e-mail is acceptable) and received by the City no later than 5:00 pm on Wednesday, November 21, 2012. The City is not responsible for questions undeliverable. ADVERTISE ON: November 13, 2012 Resolution No. - Page 4 of 4 P182 CITY OF RANCHO CUCAMONGA. olY.0 M UPLAND 4 d I / g 1°^61 k 1/r=Tor MUM PROJECT ....... LOCATION i ONTARIO.. R., � CITY OF RANCHO CUCAMONGA M1 } VICINITY MAP SPORTS COMPLEX CLARIFIER REPLACEMENT PROJECT P183 STAFF REPORT - ENGINF_ERING SERVICES DEPARTbfENT RANCHO Date: November 7, 2012 CjUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer Ra Shelley Hayes, Assistant Engineer 6 Subject: ACCEPT THE MAN2ANITA DRIVE STORM DRAIN IMPROVEMENTS, CONTRACT NO. 12-043 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND, AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $254,151.93 RECOMMENDATION It is recommended that the City Council accept the Manzanita Drive Storm Drain Improvements, Contract No. 12-043, as complete, authorize the City Engineer to file a Notice of Completion, release the Faithful Performance Bond, accept a Maintenance Bond, authorize the release of the Labor and Materials Bond in the amount of $242,517.00 six months after the recordation of said notice if no claims have been received. Also, approve the final contract amount of$254,151.93. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Manzanita Drive Storm Drain Improvements scope of work consisted of the installation of a new storm drain line, placement of concrete curb and gutter along Manzanita Drive and pavement overlay and restriping. Pertinent information of the project is as follows: ➢ Account Numbers: 1112303-5650/1813112-0 ➢ City Council Approval to Advertise: April 4, 2012 ➢ Publish dates for local paper: April 10 and 17, 2012 ➢ Bid Opening: April 24, 2012 ➢ Contract Award Date: May 16, 2012 ➢ Low Bidder: G. Hurtado Construction ➢ Contract Amount: $242,517.00 ➢ 10% Contingency: $24,251.70 ➢ Final Contract Amount: $254,151.93 P184 CITY COUNCIL STAFF REPORT Re: Manzanita Drive Storm Drain Improvements November 7, 2012 Page 2 ➢ Difference in Contract Amount: $11,634.93 (4.8%) The net increase in the total cost of the project is a result of four (4) Contract Change Orders, including the Balancing Statement. The notable changes that were significant to the increase of the Contract amount were: installing a hand rail for safety at a catch basin; installing a concrete collar and additional pipe to avoid a gas line; and delays from unmarked/unknown utility lines. The Balancing Statement accounted for other minor decreases in the bid quantities. Respectfully submitted, Mark A. euer Director of Engineering Services/City Engineer MAS/RMD/SH:ls Attachment P185 ZOO I I ZIMh f ha MU5'CPS',O 1 J WILSON AV N SHARPTR m COTTONW OD STO M D AIN & W SI w PC I ` $ LU w �¢ �MANZA ITADR m T `T\ f%. a ° z 5 NFLOW R ST U T z T T \\ I\T t, CITY OF RANCHO CUCAMONGA a g MANZANITA DRIVE we STORM DRAIN IMPROVEMENT PROJECT NOT TO SCALE P186 RESOLUTION NO. 12-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MANZANITA DRIVE STORM DRAIN IMPROVEMENTS, CONTRACT NO. 12-043, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Manzanita Drive Storm Drain Improvements, Contract No. 12- 043, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the CITY COUNCIL of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. RESOLUTION NO. 12-166 — Page 1 P187 STAFF REPORT ENGINEERING SERVICES DEPARTMENT RANCHO Date: November 7, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jason C. Welday, Traffic Engineer Jarrod L. Alexander, Engineering Technician Subject: APPROVAL TO RENEW CONTRACT (CO# 11-017) WITH SUPERIOR PAVEMENT MARKINGS, INC. WITH NO FEE INCREASE FOR FISCAL YEAR 2012-2013 FOR STREET STRIPING AND PAVEMENT MARKING SERVICES IN THE AMOUNT OF $150,000 TO BE FUNDED FROM ACCOUNT NO. 11773035300 (CONTRACT SERVICES FY 2012-13) RECOMMENDATION It is recommended that the City Council approve a one-year extension of annual contract for Street Striping and Pavement Marking, (CO# 11-017), in the amount of $150,000, with no adjustment of current price schedule categories as requested by Superior Pavement Markings, Inc. BACKGROUND/ANALYSIS The City has completed the first year of our annual "Street Striping and Pavement Marking Maintenance' contract with Superior Pavement Markings, Inc. The current contract was competitively bid in 2011 and provided for yearly extension (for a maximum of 3 years) based on acceptable performance. This company has provided good service and in a timely manner. Also, staff is satisfied with the quality of their work. In light of this favorable service, Superior Pavement Markings, Inc. was requested to submit a Letter of Intent for extending the current contract through fiscal year 2012-13. The one-year extension reflects no increase or change in the current price schedule, or in any other terms of the contract. Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/JCW/JLA:Is P188 AMENDMENT NO. 1 to Professional Services Agreement(CO 42011-017) between Superior Pavement Markings, Inc (hereinafter"Contractor") and City of Rancho Cucamonga (hereinafter the "City") This Amendment No. 1 will serve to amend the Professional Services Agreement (hereinafter "Agreement'), CO# 2011-017, to incorporate the following: Extend current contract 42011-017 through fiscal year 2012-13 All other Terms and Conditions of the original Agreement CO#2011-017, will remain in full effect. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return two (2) original signed copies to the City no later than . The City will process both copies for signature and provide Superior Pavement Markings, Inc with one (1) fully executed copy of the Amendment. Su e ' ment Markin , Inc City of Rancho Cucamonga By. _ -Z— i0//b//Z By: ame�LAVIUF MtT— Date Name Date Stoma r� ey L. D° Lis Michael, Mayor T' 1� e Titl By. By N ame y G/+L S Date Karne Date /�/L3�f�1J6yj Mark A. Steuer, Director of Fngineering Title Title ces ty Engineer (two signatures required if corporation) Approval Buyer 11,Purchasing _Alternate,Risk Management Coordinator Last Revised. 0912812012 Page I of I P189 STAFF REPORT - ENGINEERING SERVICES DEPARTMENT RANCHO Date: November 7, 2012 C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jason C. Welday, Traffic Engineer Jarrod L. Alexander, Engineering Technician Subject: APPROVAL TO RENEW CONTRACT (CO# 10-074) WITH ALL CITY MANAGEMENT SERVICES, INC. WITH NO FEE INCREASE FOR FISCAL YEAR 2012-2013 FOR PROFESSIONAL CROSSING GUARD SERVICES IN THE AMOUNT OF $358,200 TO BE FUNDED FROM ACCOUNT NO. 10187015300 (CONTRACT SERVICES FY 2012- 13) RECOMMENDATION It is recommended that the City Council approve a one-year extension of annual contract for Professional Crossing Guard Services, (CO# 10-074), in the amount of $358,200, with no adjustment of current price schedule categories as requested by All City Management Services, Inc. BACKGROUND/ANALYSIS The City has completed the first year of our annual "Professional Crossing Guard Services' contract with All City Management Services, Inc. The current contract was competitively bid in 2011 and provided for yearly extension (for a maximum of 3 years) based on acceptable performance. This company has provided good service and in a timely manner. Also, staff is satisfied with the quality of their work. In light of this favorable service, All City Management Services, Inc. was requested to submit a Letter of Intent for extending the current contract through fiscal year 2012-13. The one-year extension reflects no increase or change in the current price schedule, or in any other terms of the contract. Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/JCW/JLA:Is P190 AMENDMENT NO. 2 to Professional Services Agreement(CO 42010-047) between All City Management Services, Inc (hereinafter"Contractor") and City of Rancho Cucamonga(hereinafter the "City") This Amendment No. 2 will serve to amend the Professional Services Agreement (hereinafter "Agreement'), CO#2010-047, to incorporate the following: Extend current contract#2010-047 through fiscal year 2012-13 All other Terms and Conditions of the original Agreement CO#2010-047, will remain in full effect. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return two (2) original signed copies to the City no later than 11/1/12. The City will process both copies for signature and provide All City Management Services,Inc with one (1) fully executed copy of the Amendment. All City Manage nt Services, Inc City of Rancho Cucamonga By: By: N ate Name Date L. De<mLS Michael, Mayor Title Title y• r /0// 1Zv By Na 1 e Date Date SO Marls A. Steuer, Director of Engineering Title 0 Title ces 1 y (two signatures required if corporation) Approval Buyer II,Purchasing Alternate, Risk Management Coordinator Last Revised: 0912812012 Page 1 of 1 P191 STAFF REPORT - ENGINEERING SERVICES DEPARTMENT RANCHO Date: November 7, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Betty Miller, Associate Engineer Subject: APPROVAL OF IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR PARCEL MAP 19043 OFF SITES, LOCATED ON THE NORTH SIDE OF AMBER LANE WEST OF ETIWANDA AVENUE, SUBMITTED BY CENTURY HERITAGE BUILDERS, INC. RECOMMENDATION It is recommended that the City Council adopt the attached resolution accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS Tentative Parcel Map 19043, located on the north side of Amber Lane west of Etiwanda Avenue in the Estate Residential Development District (one dwelling unit per acre) within the Etiwanda Specific Plan, was approved by the Planning Commission on December 9, 2009, for the division of 2.43 acres into two parcels. Construction of a single family residence is currently underway on half of the 2.43-acre parcel. The property owners have indicated they intend to process the final map prior to occupying the residence, but reserved the right to dedicated frontage right-of-way by separate document. They have consented to annex to the street lighting and landscape maintenance districts either way. The tentative parcel map applicant obtained the necessary off site right-of-way to extend minimum 28-foot public street improvements east of the project to intersect with Etiwanda Avenue in addition to installing public improvements along the project frontage. The single family residence currently under construction will not receive occupancy until the public improvements have been completed, both on and off site. The Developer, Century Heritage Builders, is submitting an agreement and security to guarantee the construction of the off site improvements in the following amounts: Faithful Performance Bond: $ 43,200.00 Labor and Material Bond: $ 43,200.00 P192 CITY COUNCIL STAFF REPORT Re: Parcel Map 19043 November 7, 2012 Page 2 Copies of the agreement and security are available in the City Clerk's office. Consent and Waiver to Annexation forms signed by the property owners are on file in the City Clerk's office. Respectfully submitted, Mark A.#euer Director of Engineering Services/City Engineer MAS/BM:Is Attachment P193 City of Rancho Cucamonga Engineering Division Vicinity Map v , Project Site El i ❑❑ AMBER LANE p Z' L BANYAN N W+E S Item: 5u>3TPM I90q3 Title: Of--F S( E I MPP-WE MENTS P194 RESOLUTION NO. 12-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 19043 OFF SITES WHEREAS, Tentative Parcel Map 19043, submitted by Hugo Lepe and consisting of two lots, generally located on the north side of Amber Lane west of Etiwanda Avenue, was approved by the Planning Commission of the City of Rancho Cucamonga on December 9, 2009, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Century Heritage Builders, Inc., as developer, has entered into an Improvement Agreement, guaranteed by acceptable Improvement Security, to complete the necessary prerequisite off site improvements to Amber Lane. NOW THEREFORE, the CITY COUNCIL of the City of Rancho Cucamonga hereby resolves that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said agreement on behalf of the City of Rancho Cucamonga, and the City Clerk attest. RESOLUTION NO. 12-167 — Page 1 P195 RESOLUTION NO. 12-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR PARCEL MAP 19043 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act', said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the "District'); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property' (the "Consent and Waiver'); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this Parcel Map 19043 RESOLUTION NO. 12-168 — Page 1 of 5 P196 reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. Parcel Map 19043 RESOLUTION NO. 12-168 — Page 2 of 5 P197 Exhibit A Identification of the Owner and Description of the Property to be Annexed Parcel Map 19043 (SUBTPM19043) The Owner of the Property is: Ofelia Preciado, a single woman as to an undivided 47% interest, and Flavio Cesar Lepe and Gabriela Lepe, husband and wife as joint tenants as to an undivided 53% interest The legal description of the Property is: All of that portion of the east one-half of the south one-half of the north one-half of the south one-half of the northeast one-quarter of Section 29, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Rancho Cucamonga, County of San Bernardino, State of California, according to the official plat thereof described as follows: Commencing at the northeast corner of said east one-half of the south one-half of the north one-half of the south one-half of the northeast one-quarter, said point being on the centerline of Etiwanda Avenue; Thence North 890 20' 04" West along the northerly line of said parcel a distance of 346.35 feet to the Point of Beginning; Thence continuing North 89° 20' 04" West along said northerly line a distance of 320.35 feet; Thence South 0° 39' 56" West at right angles to said northerly line a distance of 330.94 feet to the southerly line of said parcel; Thence South 890 21' 49" East along said southerly line a distance of 320.35 feet; Thence North 0° 39' 56" East at right angles to said northerly line a distance of 330.78 feet to the Point of Beginning. (Said Property is also known as a portion of the south one-half of Lot 9, Block "C" Etiwanda Colony Lands, as per map recorded in Book 2 of Maps, Page 24, records of said county.) Assessor's Parcels Numbers of the Property: 0225-111-37-0000 Parcel Map 19043 RESOLUTION NO. 12-168 — Page 3 of 5 P198 Exhibit B Description of the District Improvements Fiscal Year 2011/2012 Street Light Maintenance District No. 1 (Arterial Streets): Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District') is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed Additions to the Improvements for Project, Parcel Map 19043: None Parcel Map 19043 RESOLUTION NO. 12-168 — Page 4 of 5 P199 Exhibit C Proposed Annual Assessment Fiscal Year 2011/2012 Street Light Maintenance District No.1 (Arterial Streets): The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Parcel Map 19043: EDU Rate per Land Use Basis Factor* EDU` Single Family Parcel 1.00 $17.77 Multi-Family Parcel 1.00 17.77 Commercial Acre 2.00 17.77 Vacant Acre 2.00 17.77 *EDU means Equivalent Dwelling Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 2 Parcels x 1.00 EDU Factor x $17.77 Rate Per EDU = $35.54 Annual Assessment Parcel Map 19043 RESOLUTION NO. 12-168 — Page 5 of 5 P200 RESOLUTION NO. 12-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR PARCEL MAP 19043 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 7 (North Etiwanda) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property' (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this Parcel Map 19043 RESOLUTION NO. 12-169— Page 1 of 5 P201 reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. Parcel Map 19043 RESOLUTION NO. 12-169— Page 2 of 5 P202 Exhibit A Identification of the Owner and Description of the Property to be Annexed Parcel Map 19043 (SUBTPM19043) The Owner of the Property is: Ofelia Preciado, a single woman as to an undivided 47% interest, and Flavio Cesar Lepe and Gabriela Lepe, husband and wife as joint tenants as to an undivided 53% interest The legal description of the Property is: All of that portion of the east one-half of the south one-half of the north one-half of the south one-half of the northeast one-quarter of Section 29, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Rancho Cucamonga, County of San Bernardino, State of California, according to the official plat thereof described as follows: Commencing at the northeast corner of said east one-half of the south one-half of the north one-half of the south one-half of the northeast one-quarter, said point being on the centerline of Etiwanda Avenue; Thence North 890 20' 04" West along the northerly line of said parcel a distance of 346.35 feet to the Point of Beginning; Thence continuing North 890 20' 04" West along said northerly line a distance of 320.35 feet; Thence South 00 39' 56" West at right angles to said northerly line a distance of 330.94 feet to the southerly line of said parcel; Thence South 89° 21' 49" East along said southerly line a distance of 320.35 feet; Thence North 0° 39' 56" East at right angles to said northerly line a distance of 330.78 feet to the Point of Beginning. (Said Property is also known as a portion of the south one-half of Lot 9, Block "C" Etiwanda Colony Lands, as per map recorded in Book 2 of Maps, Page 24, records of said county.) Assessor's Parcels Numbers of the Property: 0225-111-37-0000 Parcel Map 19043 RESOLUTION NO. 12-169— Page 3 of 5 P203 Exhibit B Description of the District Improvements Fiscal Year 2011/2012 Street Light Maintenance District No. 7 (North Etiwanda): Street Light Maintenance District No. 7 (North Etiwanda) (the "Maintenance District') is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day Creek Channel and north of Highland Avenue within the incorporated area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the North Etiwanda area. Proposed Additions to the Improvements for Project, Parcel Map 19043: 3 streetlights on Amber Lane Parcel Map 19043 RESOLUTION NO. 12-169— Page 4 of 5 P204 Exhibit C Proposed Annual Assessment Fiscal Year 2011/2012 Street Light Maintenance District No. 7 (North Etiwanda): The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda) for Parcel Map 19043: EDU Rate per Land Use Basis Factor* EDU* Single Family Unit 1.00 $33.32 Multi-Family Unit 1.00 33.32 Commercial/ Industrial Acre 2.00 33.32 Vacant Acre, 2.00 33.32 *EDU means Equivalent Dwelling Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 2 Parcels x 1.00 EDU Factor x $33.32 Rate Per EDU = $66.64 Annual Assessment Parcel Map 19043 RESOLUTION NO. 12-169— Page 5 of 5 P205 RESOLUTION NO. 12-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR PARCEL MAP 19043 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Landscape Maintenance District No. 7 (North Etiwanda) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property' (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this Parcel Map 19043 RESOLUTION NO. — 12-170 — Page 1 of 5 P206 reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. Parcel Map 19043 RESOLUTION NO. — 12-170 — Page 2 of 5 P207 Exhibit A Identification of the Owner and Description of the Property to be Annexed Parcel Map 19043 (SUBTPM19043) The Owner of the Property is: Ofelia Preciado, a single woman as to an undivided 47% interest, and Flavio Cesar Lepe and Gabriela Lepe, husband and wife as joint tenants as to an undivided 53% interest The legal description of the Property is.: All of that portion of the east one-half of the south one-half of the north one-half of the south one-half of the northeast one-quarter of Section 29, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Rancho Cucamonga, County of San Bernardino, State of California, according to the official plat thereof described as follows: Commencing at the northeast corner of said east one-half of the south one-half of the north one-half of the south one-half of the northeast one-quarter, said point being on the centerline of Etiwanda Avenue; Thence North 890 20' 04" West along the northerly line of said parcel a distance of 346.35 feet to the Point of Beginning; Thence continuing North 890 20' 04" West along said northerly line a distance of 320.35 feet; Thence South 00 39' 56" West at right angles to said northerly line a distance of 330.94 feet to the southerly line of said parcel; Thence South 890 21' 49" East along said southerly line a distance of 320.35 feet; Thence North 00 39' 56" East at right angles to said northerly line a distance of 330.78 feet to the Point of Beginning. (Said Property is also known as a portion of the south one-half of Lot 9, Block "C" Etiwanda Colony Lands, as per map recorded in Book 2 of Maps, Page 24, records of said county.) Assessor's Parcels Numbers of the Property: 0225-111-37-0000 Parcel Map 19043 RESOLUTION NO. — 12-170— Page 3 of 5 P208 Exhibit B Description of the District Improvements Fiscal Year 2011/2012 Landscape Maintenance District No. 7 (North Etiwanda): Landscape Maintenance District No. 7 (North Etiwanda) (the "Maintenance District') represents landscape sites throughout the Etiwanda North Area. The various sites maintained by the district consist of parkways, median islands, paseos, street trees, community trails and Etiwanda Creek Park. Proposed Additions to the Improvements for Project, Parcel Map 19043: 10 street trees on Amber Lane Parcel Map 19043 RESOLUTION NO. — 12-170 — Page 4 of 5 P209 Exhibit C Proposed Annual Assessment Fiscal Year 2011/2012 Landscape Maintenance District No. 7 (North Etiwanda): The following table summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda) for Parcel Map 19043: EDU Rate per Land Use Basis Factor* EDU* Single Family Parcel 1.00 $307.05 Multi-Family Parcel 1.00 307.05 Commercial/ Industrial Acre 2.00 307.05 Vacant Acre 0.25 307.05 *EDU means Equivalent Dwelling Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 2 Parcels x 1.00 EDU Factor x $307.05 Rate Per EDU = $614.10 Annual Assessment Parcel Map 19043 RESOLUTION NO. — 12-170— Page 5 of 5 P210 STAFF REPORT - ENGINEERING SERVICES DEPARTMENT Date: November 7, 2012 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Dan James, Senior Civil Engineer Subject: APPROVAL OF DRAINAGE REIMBURSEMENTS FOR THE ETIWANDA/SAN SEVAINE AREA MASTER PLAN FOR FY 2011/2012 AND APPROPRIATION OF $53,372.14 TO ACCOUNT NO. 1116303-5650/1026116-0 RECOMMENDATION It is recommended that the City Council approve by minute order an appropriation of $53,372.14 to Account No. 1116303-5650/1026116-0 for Etiwanda Master Plan Drainage Reimbursement Agreements for FY 2011/2012. BACKGROUND/ANALYSIS Etiwanda Master Plan Drainage Reimbursement Agreements are based on the net Etiwanda Drainage funds received each fiscal year. The remaining funds in the Etiwanda drainage Fund will be utilized for City projects. Annually, at the end of each fiscal year, after the City's financial books are closed, fifty percent (50%) of all Etiwanda Drainage fees collected during the fiscal year are set aside into a "planned drainage reimbursement fund." The developers who are required by the City to construct planned drainage facilities necessary for proper drainage of their subdivisions enter into a Reimbursement Agreement with the City. The planned drainage reimbursement fund is divided between all these developers with the numerator being the original reimbursement sum for the developer and the denominator is the total of the original reimbursement sums for all developers who are eligible to share in the planned drainage reimbursement fund for said fiscal year. There are three active agreements with developers with a total outstanding reimbursement amount of $1,040,086.27. The total amount due to be reimbursed this fiscal year is $53,372.14. Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS:DJ:alrw P211 STAFF REPORT - ENGINEERING SERVICES DEPART'AIENT Date: November 7, 2012 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Dan James, Senior Civil Engineer Subject: APPROVAL OF DRAINAGE REIMBURSEMENTS FOR THE GENERAL CITY MASTER PLAN FOR FY 2011/2012 AND APPROPRIATION OF $153,899.22 TO ACCOUNT NO. 1112303-5650/1026112-0 RECOMMENDATION It is recommended that the City Council approve by minute order an appropriation of $153,899.22 to Account No. 1112303-5650/1026112-0 for General City Master Plan Drainage Reimbursement Agreements for FY 2011/2012. BACKGROUND/ANALYSIS General City Master Plan Drainage Reimbursement Agreements are based on the net General City Drainage funds received each fiscal year. Annually, at the end of each fiscal year, after the City's financial books are closed, twenty-five percent (25%) of all General City Drainage fees collected during the fiscal year are set aside into a "planned drainage reimbursement fund." The developers who are required by the City to construct planned drainage facilities necessary for proper drainage of their subdivisions enter into a Reimbursement Agreement with the City. The planned drainage reimbursement fund is divided between all these developers with the numerator being the original reimbursement sum for the developer and the denominator is the total of the original reimbursement sums for all developers who are eligible to share in the planned drainage reimbursement fund for said fiscal year. There is one active agreement with a developer with a total outstanding reimbursement amount of$660,781.83. The total amount due to be reimbursed this fiscal year is $153,899.22. Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/DJ:ls P212 STAFF REPORT ANrnLL CARL AND SERVICES RANCHO Date: November 7, 2012 CUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager From: Veronica Fincher, Animal Services Director Subject: Approval to receive and file Animal Center statistics as of September 30,2012 and Year to Date January 1, 2012 — September 30, 2012 RECOMMENDATION Staff recommends the City Council receive and file the Animal Center statistics as of September 30, 2012 and Year to Date statistics January 1, 2012 — September 30, 2012. BACKGROUND/ANALYSIS The Animal Center tracks monthly statistics as a means of monitoring our Center's operations. Once approved, these statistics will be placed on the City's website. The Animal Center started September 2012 with 392 dogs and cats and 15 small mammals (rabbits, hamsters, birds, and wildlife). Throughout the month, the Center impounded and-cared for an additional 516 dogs and cats and 23 small mammals. Of that number, 389 dogs and cats were adopted, rescued, sent to foster homes or were returned to their owners. Additionally, 76 dogs and cats were euthanized (14%). As of September 30th, the Center's population was 435 dogs and cats and 14 small mammals. This number is significant as the Center's capacity of care is around 350 animals. Some year to date highlights included our live release rate remains consistant at 81% for dogs and cats and our euthanasia rate remains consistent at 14% plus or minus 3%. For comparison, the average euthanasia rate in San Bernardino County in 2011 (data from annual health reports) was 35- 45%. t. Respectfu y submitted, Veronica iricher Animal Services Director Attachments: Animal Center Statistics September 2012 and Year to Date January 1, 2012 — September 30, 2012. i P213 t _ — City of Rancho Cucamonga Animal Care and Adoption Center _ Month of September 2012 - Mild officer Calls•- - — — --- ,Assist Police,Fire,Other Officer T-- • I I Deceased Animal Pick Up 80 RANCHO Ilnvestigutc Bark 30 CUCAvIGNGA llmcstigmc Neglect % 14 _jhwestigwe Oihcr(In,D ile.Inr.Ahmd.In, ietkring.Muni Vid,aioi¢) 39 - a _ !Stray(respond to aggressive and free marring animals) 1 I041 �VV-gi0 Wild Animals ( 31 _Other(leash,mv violations,palm,.goarantincs.rescue,admin)j 419 _ IITotal Field Calls 728 t". r * ` ' AaiiimFL'kenses'Soldi- ._1029 Licenses 6781 . Animal Center Statistics. _' - •DOG CAT - Sm.MunnanisIW0d0fe. Tonal Adim l A. 194 198 j IS I 407 —Ilntake(Live Animal) B. I From Public(stray or abandoned,wild) ---_--_I 172 j_--199 390---- C. lFmm Owner/Guardian _ _ _I_ 14 _! 11 I 3 _I 28 D. !Adoption Returns — i 13_ _�_ 0 __1---� 0 ! 13 E. IRelurned from Foster Carc__ __ __ _ I 4 _ 83 _I 0__� 87 F. 101her(Born at Center.Transfened t2 Ccnlcr_from other Shelter), 0 —� 10 i 0 i 10 G. iOwner Requcsled Euthanasia __—_�--6 —_ --4 i —1 11 H! ---- N: Tamidathke, _ .._ _. _ __ _. 209 -____ 307, - _`23!" 5391 _ _ !Outcome jAdoptions Offsite Adoptions ) G !_ 5 0 i_ 31 _ Adoptions from Animal Center � 86 G3 —j--_--G "!-- 155 -_ '` TotefAdapdans• _ - _-__. . .92' .`. 88i.. _. 6; - 186' LITNR or Relocate(feral cuts,wild animals released) 0 14 K. Transferlu Corrccl Animal L_ISeat to Poster Home b _ I 92 3 I 103 M.1 Rescue Partner _ _ - '9 —i�.7I__ 1 —.I__ 37 N. Reunited with Owner 48 -0 49 - S9 _ ^� v 91 i_ , ?.;400 MtEuthnnized _. P. IMedienl(agcyinjured.sick) !._ _—_G I _ 54 r II �'__ 71 Q.IOther(aggressive,unudoplable,hehavioesrytce, feral) _ i Gu ! 0 _� _ 0 _j_- �G R. Owner Requested Euthunusiu i 6 4 —��.- S:, 7omb&u[hanasia . '•- -.� . :_ - .. lA:: ' •Sfl. 12r _ 77 $A .-. •.• ; ;Died.Escu I ad,ur M 6—__ issin _—'._. 9 T. - —_ V.Ttding Shcher Count as of Se Iembcr iEo—i 2 i 2O5 230 I 14 449 i ! s P214 City of Rancho Cucamonga Animal Care and Adoption Center _ _ January 1, 2012 - September 30, 2012 field Officer Calls _I Assist Police,Fire.Other Officer —_ -- _ I 55 Deceased Animal_Pick Up _ I 772 Investigate Bark 255i jjenctta I_ GDCA AIONGA fInvestigate Ncglttl 107 �`� ,1v+� �r• t r' (lnvestiga¢Oamrltnv.Bi¢,6rv.Aland.Inv.Tn6cr(nF Muni Viulauons) I - 5471 e,AY� _ Stray(respond to aggressive and free manning animals) I_ 1136 - _�Wild Animals _ _----- I 224 , (Other(leash law violations.learol_quarantines,rescue,admin) 2391 —i- ITolal Field Calls 5,4871 _ Aturasl Licenses Soldi 'Dog Licenses _ 75571___— _ Anitui Statlstic`s - DOG` CAT' - Totdl!Anrnnls_� A. 1 Ending Shelter Count as of December 31,2011 176 i 91 267 1 Ilnlake(Live Anlmal) —_------ —�I-- - --_----- B. Ifmm Publie lstray m abandoned) -- - 16'_7 1571 I 319ft C. fmm Owmr/Gunrdt m 147 I 9U 237 - D: jAduptionRetums ��_ 'IG 61 157 E. iRewnrad(Yom Paster Care_ _ i 67 { 447 514 F. IDlbcr(Bonn m Ccnmr,'I'mnslcrnd to Ccutcr fmm other Shdar)_j 37�--1 63 _ -j — 100 O.jOa•ncr Requested Euthanasia 36 _..._. _ 13 � _..49 fi:.Totnl•Inthke - 2010 '2245 4251 I_jAdopliotts j-945696 j 1641 1. ITNR or Relocate(Feral Cats,Bum Cats)_ I U 1_171 I 171 R ITmnsfer to Correct Annual Shelter(jurisdiction) 6 I 2 i 8 L. :Sent m iSe to Poster Hoe _._70 j 548 j---618 M ( --- Rescue P;mner I 323 234 I 557 N.`eunited with Omer 395 I 16_ _ 411 h w_ O 'Total-Live Outcome .3406 �___ Eulhanized P. (_Medical(age.injured.sickl I 578 j 32S { 403___ C_;Other(aggnssivc.unndopmble.behavior.spimfcml) II_U5 32 1 _ 137 _ -- R. {Owner RequesLLd Euthanasia i 36 — I— 13 — 49 — 5: Total Euthanesid _ ... ._ ___.._ 219 - � 370 589 ;,_ • T. (Died.Escaped,or Missing __— I 16 68 04 U.{InvenicuT Error l DuplicaLc ID Numb ts) _ I 7 I I _) _ _ _ 8 V. Euthanasia Rate SI(H-G) _ I 11.1°% j 16.6% } 14.0% W. LIw Release Rite_(OgH GU)=,%Live.Release)_ _ter - 8B%v'_ I 75% _ T X. Endin_c$heher Count ns of 5cptctnbcr 311.'_tl l'_ _ P5 ._ i- 230 I 435 — — _ L •Additionally.the Animal Center tool:in 294 small ni anmals(birds,hamsters.rabbits.wildlife)of which 146 whne adopted,i Ncuc,l in released back into the wild. P215 STAFF REPORT ADMINISTRATIVE SERVICES RANCHO Date: November 7, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager By: Sigmund M. Dellhime, Information Services Project Coordinator �&,Ld Subject: CONSIDERATION OF A FIBER CONDUIT LICENSE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND SUNESYS, LLC A DELWARE LIMITED LIABILITY COMPANY FOR THE INSTALLATION OF FIBER OPTIC CABLE USING CITY FIBER CONDUIT RECOMMENDATION It is recommended that the City Council approve a fiber conduit license agreement between the City of Rancho Cucamonga and Sunesys, LLC for the installation of fiber optic cable using City fiber conduit. BACKGROUND In March 2012 Sunesys representatives met with staff from the Engineering Department and Information Services to review the availability of existing dark (i.e., unused) fiber conduit available for license. Over several meetings, Sunesys representatives and City staff identified a route approximating eight thousand five hundred eighty-three (8,583) lineal feet in length on Base Line Road between Day Creek Boulevard and Mountain View Drive as suitable for license. In the ensuing months, staff prepared a draft license agreement and engaged in negotiations with Sunesys. The culmination of those negotiations is presented here in the form of a License Agreement for City Council consideration. A brief history of the company notes that Sunesys, a subsidiary of Quanta Services, began operating as Coleman Excavating in 1979 and eventually became Sunesys in 1986. Its western regional office is in Corona, California. Sunesys is a telecommunications services and dark fiber provider offering design, construction and project management of large-scale fiber optic cable deployments primarily catering to education and health institutions. ANALYSIS Sunesys is currently under contract with the Etiwanda Unified School district to design and install a private fiber optic communications network interconnecting District facilities and linking them to the Internet. As part of this project, Sunesys conducted a survey of the City to determine the availability of existing dark fiber conduit available for license as an affordable alternative to installing their own fiber conduit. Beginning in the early 1990's, the City began installing dark fiber optic conduit along select major routes within the city in conjunction with other public work infrastructure projects. Key to this process was the understanding that the most significant costs in building a fiber optic conduit network were labor and trenching. The City determined it was prudent to install multiple conduits within each trench to accommodate future demand. P216 The license agreement between the City and Sunesys is to license one-third (1/3) of a four inch (4") conduit approximating eight thousand five hundred eighty-three (8,583) lineal feet in length on Base Line Road between Day Creek Boulevard and Mountain View Drive. The license term is for ten (10) years with the option to extend it for one (1) additional five (5) year term. In consideration for the licensed conduit Sunesys will: • Pay rent to the City in the sum of one dollar and twenty-five cents ($1.15) per lineal foot per year. Commencing with the second year of the license term, and upon each year thereafter, rent shall increase by an amount equal to one percent (1%) of the rent for the previous year; • Pay to the City a one-time ten thousand dollar ($10,000) administrative fee; and, • Perform repairs to a an existing fiber optic cable vault in the City at an estimated value to the City of$2,000 The attached Agreement is non-exclusive with Sunesys, meaning if other businesses want to license City-owned fiber optic conduit for similar purposes, the City can enter into Agreements with them. The Council will note that the City entered into a similar agreement with Crown Castle NG West Inc. in September of this year for the use of other fiber conduit in the City. It is becoming evident that the installation of dark fiber conduit over the last several decades was a prudent decision as it is now facilitating the development of private high-speed internet services in the City, preventing the need for additional trenching in our City streets, and generating revenue to the City's General Fund. Respectfully submitted, Lori Sassoon, Deputy City Manager P217 FIBER CONDUIT LICENSE AGREEMENT This Fiber Conduit License Agreement ("Agreement" or "License") is made and entered into this seventh day of November, 2012 ("Effective Date"), by and between Sunesys, LLC a Delaware limited liability company, hereinafter referred to as "Licensee", and the City of Rancho Cucamonga, a municipal corporation, hereinafter referred to as "City'. RECITALS A. City is the owner of certain real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, including fiber conduit located within the Public Right-of-Way (collectively, "Property"). B. Licensee installs and operates hybrid fiber high speed communications networks to provide high speed Internet access to the public and businesses. Licensee desires to install such a network in, around and upon City's Property, as specifically depicted in the network site plan set forth in the "Network Site Plan", attached hereto as Exhibit "A". C. In order to operate the network depicted in Exhibit A ("Network"), Licensee desires to install, operate and maintain the communications equipment and fiber optic cable described in the "Technical and Equipment Requirements Description" attached hereto as Exhibit "B" (collectively, "Equipment")) within and upon the Property in accordance with the Network Site Plan. D. Licensee and City desire to enter into this License Agreement in order to set forth terms and conditions applicable to Licensee's use of the Property and installation, operation, and maintenance of the Network. AGREEMENT NOW, THEREFORE, CITY and LICENSEE hereby agree as follows: 1. PROPERTY TO BE LICENSED 1.1. General. The City licenses for Licensee's use, one (1) innerduct inside of one (1) four inch (4") City- owned conduit located on Base Line Road between Etiwanda Avenue and Mountain View Drive ("City Conduit") in a route approximating Eight Thousand Five Hundred Eighty-Three (8,583) lineal feet in length and which is more particularly described in Exhibit A ("Licensed Innerduct"). 1.2. Non-Exclusive License. The City reserves the right to license use of the remaining innerducts within the City Conduit that are not licensed to the Licensee to other licensees, on such terms and conditions as City, in its sole discretion, may deem appropriate. 1.3.Connection to City's Property. Licensee shall not connect to or with City's network or any City communication facility unless otherwise agreed to in writing by City. 1 P218 2. TERM OF LICENSE The term of this License shall be 10 years, unless sooner terminated, or extended as provided below, commencing on the Effective Date. Upon written agreement of the parties' representatives executed prior to the expiration of the initial term hereof, this License may be extended for one (1) additional five (5) yearterm. 3. PERMITTED USE OF LICENSED PROPERTY 3.1. Licensee shall use the City Conduit and Licensed Innerduct in accordance with all applicable federal, state and local laws and solely for the purpose of installing, utilizing, maintaining and/or replacing telecommunications fiber optic cable. 3.2. This License Agreement does not constitute a Right-of-Way Use Agreement between the City and Licensee. Licensee may not exercise rights under this Agreement until the Licensee, at the Licensee's sole responsibility and expense, enters into a Right-of-Way Use Agreement with the City. 3.3.Licensee represents and warrants that it has all consents and authorizations necessary for Licensee to enter into this Agreement and use the City Conduit and Licensed Innerduct as provided herein. 3.4.Licensee may contract with qualified contractors for the performance of any installation, maintenance, and repair services authorized by this Agreement, but shall remain ultimately and primarily responsible for the performance of such services in accordance with the requirements of this Agreement. 3.5.Conditions applicable to use of the City Conduit and Licensed Innerduct. 3.5.1. Licensee shall use the Property depicted in the Network Site Plan solely to install, maintain and operate the Equipment and Network. 3.5.2. Licensee shall be permitted to install the Equipment only where specifically shown on the Network Site Plan as agreed upon by both parties and in accordance with the "CITY FIBER SPECIFICATIONS AND STANDARDS", attached hereto as Exhibit "C". 3.5.3. Licensee shall be permitted to operate, maintain, repair and replace the Equipment and/or optic fiber during the term of this Agreement and any extension hereof. 3.5.4. Licensee shall not commence any construction of any improvements or install any Equipment without having first obtained City's written approval of plans for such construction, alterations or additions. Any review and approval by City of Licensee's plans shall not constitute a representation by 2 P219 City that the plans or any improvements described therein comply with applicable laws, regulations or with any engineering or other standards. 4. DISCLAIMER OF WARRANTIES 4.1. Licensee acknowledges that City has not inspected the Property and has made no representation or warranty to Licensee regarding the condition of any portion of the Property or the suitability thereof for the uses permitted hereunder. To the fullest extent permitted by law, City makes no, and disclaims any, express or implied warranty as to the condition of the Property, and shall have no duty (i) to inspect the Property and (ii) to warn any person of any latent or patent defect, condition or risk that might be incurred in the exercise of the rights granted herein. Licensee has inspected the Property, or has been given a reasonable opportunity to inspect the Property but declined to do so, and, by entering into this Agreement, accepts the Property for the uses permitted herein, in "AS-IS" condition, subject to all existing fault?; and hazards. Licensee agrees to accept and bear all risks concerning its use of the Property and the condition thereof, and waives all claims against City for any damage to Licensee's vehicles, property and/or persons sustained on the Property, except to the extent caused by the sole, active negligence or willful misconduct of City. 4.2. EXCEPT AS SET FORTH IN THIS AGREEMENT, CITY MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE PROPERTY OR THE CAPABILITIES, CHARACTERISTICS, AVAILABILITY OR USE THEREOF, AND/OR AS TO SERVICES PERFORMED BY CITY OR ITS AGENTS IN CONNECTION THEREWITH. CITY SPECIFICALLY DISCLAIMS, AND LICENSEE HEREBY WAIVES, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. 5. COMPENSATION In consideration of City leasing to Licensee and Licensee leasing from City the Licensed Innerduct: 5.1. Licensee agrees to pay City a license fee, without prior notice or demand by City, the sum of One Dollar and Fifteen Cents ($1.15) per lineal foot of the Licensed Innerduct, per year, paid in equal monthly installments in advance on or before the first day of each month during the term of this License. If the Effective Date is other than the first day of a calendar month, or if this License is terminated before expiration of any month, the license fee payment shall be prorated for the remaining fractional month of this License. Said license fee shall be paid to Licensee, without deduction or offset, in lawful money of the United States of America, at 10500 Civic Center Drive, Rancho Cucamonga, California 91729, Attn: Finance Department, or at such place as City may designate, in writing. 3 P220 5.1.1. Commencing with the second year of the term, and upon each year thereafter, the license fee shall be increased by an amount equal to one percent (1%) of the license fee for the previous year. 5.1.2. For the purposes of offsetting costs to City in negotiating and administering this License, and not as an additional license fee, within thirty (30) days of the Effective Date hereof, Licensee shall pay City a one- time administrative fee in the amount of Ten Thousand Dollars ($10,000.00). 5.1.3. Licensee agrees to replace the telecommunications vault located north of Base Line Road and west of Day Creek Boulevard identified as Vault "I" in Exhibit A at their sole expense. 5.1.4. If the City Conduit does not contain previously installed innerduct, then at its sole expense, Licensee will install three (3) one and one quarter inch (1'/4") HDPE High Density Polyethylene innerducts in one of the spare City-owned conduits as determined by the City, in accordance with industry standards. 5.1.5. Licensee hereby acknowledges that late payment by Licensee to City of the license fee or other sums due hereunder will cause City to incur costs not contemplated by this License, the exact amount of which will be difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of the license fee or a sum due from Licensee shall not be received by City or City's designee within ten (10) days after written notice that said amount is past due, the Licensee shall pay to City a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the cost that City will incur by reason of the late payment by Licensee. Acceptance of such late charges by City shall in no event constitute a waiver of Licensee's default with respect to such overdue amount, nor prevent City from exercising any of the other rights and remedies granted hereunder. 5.1.6. Licensee shall provide maintenance and repair of the City's Licensed Innerduct as determined to be necessary by City. 5.1.7. Licensee shall provide at least seventy-two hours' notice prior to conducting any repairs, maintenance, or other work that may interrupt functionality of City's network or the normal use of City streets or other City property, except where such repairs or other work are necessitated by an emergency due to acts of nature or of third parties, including any Licensee contractor. 5.1.8. Licensee shall comply with all applicable local, state, and federal laws and regulations in the installation, maintenance and operation of Licensee's fiber optic cable, as provided in this Agreement. 4 P221 5.1.9. Not later than 30 days after construction and installation of the fiber optic cable, Licensee shall provide City a contact person available "24/7" for access, repairs, and maintenance of the Licensed Innerduct and/or the Equipment. 5.2.City shall, without charge to Licensee: 5.2.1. Provide routine maintenance and repair of the City's Conduit unless such need for repair is caused by Licensee or its subcontractors. 5.2.2. Provide Licensee a contact person for access, repairs and maintenance of the Property. 6. TERMINATION: BREACH: AND ABANDONMENT 6.1.Termination In addition to the termination of this License in accordance with Section 2, either party may terminate this License by giving not less than one hundred eighty (180) days written notice to the other party. Such termination shall relieve both parties of any further obligations under this License (except for such indemnities and other obligations reasonably intended to survive termination), although each party shall continue to have any and all remedies for any breach of an obligation hereunder which occurred prior to the date of termination. Upon termination or expiration, Licensee shall abandon in place, or remove all of its equipment and restore all Property to its original condition. City shall retain ownership of the City Conduit and the Licensed Innerduct. 6.2.Abandonment Should Licensee, for any reason, abandon all or part of its use of capacity or Equipment installed pursuant to this Agreement, then the provisions below shall apply. "Abandon" shall be defined for the purposes of this Agreement as failure to use the Licensed Innerduct for more than three years or at such time that notice of abandonment is provided by Licensee. 6.2.1. If the City rejects all or a portion of the proposed transfer of abandoned Equipment from Licensee, then Licensee shall remove any Equipment it proposed to abandon which was rejected by City, within ninety (90) days of the date of City's written rejection. If the Licensee fails to remove the abandoned rejected Equipment, then City may remove it at Licensee's expense, invoice Licensee for all costs, and Licensee shall pay the same within thirty (30) days of receipt of the City's invoice. 6.2.2. At the time of any accepted abandonment, Licensee shall have no further rights with respect to the abandoned capacity or Equipment. As such time, City-shall have authority to remove, reuse, re-license, or resell the abandoned capacity and/or Equipment. 5 P222 6.2.3. Unless expressly rejected by the City in writing within 60 days of written abandonment notification or City's determination of abandonment based on non-use, ownership of Licensee's abandoned Equipment shall be deemed transferred to the City. 7. RELOCATION AND DISPLACEMENT OF LICENSEE's EQUIPMENT Should City determine it necessary to relocate the Licensed Innerduct, or any of Licensee's Equipment, Licensee shall relocate that Equipment and/or Licensed Innerduct at the Licensee's sole cost and expense, whenever City reasonably determines that the relocation is required for any of the following purposes: (i) if required for the construction, completion, repair, relocation, or maintenance of a City project; (ii) because the equipment is interfering with or adversely affecting proper operation of City-owned property; or (iii) to protect or preserve the public health and safety. If the Licensee fails to relocate any Equipment and/or Licensed Innerduct as requested by the City within a reasonable time under the circumstances described above, then City may relocate the Equipment and/or Licensed Innerduct at Licensee's sole cost and expense, without further notice to Licensee. To the extent the City has actual knowledge thereof, the City will endeavor promptly to inform the Licensee of the displacement or removal of any conduit or vault within which any Licensee Equipment and/or the Licensed Innerduct is located. 8. LIMITATION OF INTEREST CONVEYED BY THIS AGREEMENT No interest of any nature whatsoever in any City property, other than that of a license as described herein, shall be acquired by the Licensee as a result of the execution of this Agreement. 9. NO THIRD PARTY BENEFICIARIES No provision of this Agreement shall in any way inure to the benefit of a third person (including without limitation the public at large) so as to constitute any such third person being deemed a third party beneficiary of this Agreement, nor shall any provision herein give rise to any cause of action in any person other than the City and Licensee. For the purposes of this Section, the term "third person" shall not include any person or entity to be indemnified, defended, and held harmless by Licensee pursuant to Section 11. 10.INSURANCE 10.1.Liability Insurance. Licensee shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of rights hereunder by Licensee, and/or its agents, representatives, employees or contractors. 10.2.Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6 P223 10.2.1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 10.2.2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 10.2.3. Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. 10.3.Minimum Limits of Insurance. Licensee shall maintain limits no less than: 10.3.1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 10.3.2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. 10.3.3. Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 10.4.Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. 10.5.Other Insurance Provisions. 10.5.1. The commercial general liability and automobile liability policies are to contain the provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Licensee; products and completed operations of Contractor; premises owned, occupied or used by Licensee; and/or automobiles owned, licensed, hired or borrowed by Licensee. The coverage shall be at least as broad as the coverage provided to Licensee, and shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City or agency officials which are not also limitations applicable to the named insured. 10.5.2. For any claims related to this Agreement, Licensee's insurance coverage (except Workers' Compensation) shall be primary insurance as respects City, its officers, officials, employees, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. Any insurance or self-insurance maintained by City, its officers, officials, 7 P224 employees, designated volunteers or agents serving as independent contractors in the role of City, or agency officials shall be in excess of Licensee's insurance and shall not contribute with it. 10.5.3. Licensee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 10.5.4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after thirty (30) days prior written .notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Licensee shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. 10.5.5. Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 10.5.6. Each insurance policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. 10.5.7. Each insurance policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. 10.5.8. Each insurance policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. 10.6. Evidence of coverage. Prior to exercising any rights under this Agreement, the Licensee shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Licensee exercises any rights hereunder. Licensee shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 11.INDEMNIFICATION 111.To the maximum extent permitted by law. the Licensee shall hold harmless, defend, and indemnify City, and its elected officials, officers, employees, 8 P225 servants, volunteers, and agents serving as independent contractors in the role of city or agency officials, (collectively, "Indemnitees"), with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to liability for death or injury to any person and injury to any property, arising out of or related to acts, omissions or willful misconduct of the Licensee or any of its officers, employees, contractors, , or agents, or arising out of or related to any violation by Licensee of any local, State or federal law, statute or regulation while exercising rights under this Agreement, but excluding those Claims arising out of the sole, active negligence or willful misconduct of any of the Indemnitees. Licensee shall reimburse all reasonable defense costs and expenses, including actual attorney's fees and experts' costs incurred by any Indemnitee in connection with such defense. 11.2 Non-waiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Licensee because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subrogation Except as otherwise expressly provided in this Agreement, Licensee, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Licensee. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Licensee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 12 OWNERSHIP OF LICENSEE EQUIPMENT All Equipment installed by Licensee under this Agreement shall be owned by and deemed to be under the legal control of Licensee. Licensee shall have the right, upon termination or expiration of this Agreement, to remove the Equipment, excepting fiber optic lines, cables, innerducts and conduits if required by City, provided such removal is done at Licensee's sole cost and expense and is accomplished in a neat and workmanlike manner. Licensee shall repair any damage to any portion of the Property caused by Licensee in connection with such removal. If Licensee fails to remove the Equipment upon expiration or termination of this License, then City may cause removal and disposal of same in any manner, and Licensee will reimburse City for the costs of 9 P226 such removal and disposition within thirty (30) days of receipt of an invoice from City specifying such costs. 13 ASSIGNMENT Licensee shall not assign this Agreement, any rights hereunder, or subcontract any required performance, without the prior written consent of City. A sublicense of the use of one or more fibers installed in the Licensed Innerduct shall not be considered to be an assignment, subletting or subcontracting of the rights granted to Licensee hereunder. 14 NOTICES Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person or by reputable courier or overnight delivery service, or by pre-paid certified mail, and addressed to the party for whom intended, as follows: It to CITY: City of Rancho Cucamonga If to Licensee: Sunesys, LLC Attn: Senior Vice President — Operations 185 Titus Avenue Warrington, PA 18976 With a copy to: Sunesys, LLC Attn: Senior Counsel 185 Titus Avenue Warrington, PA 18976 Any party may from time to time, by written notice to the other as provided above, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed served or delivered forty-eight hours after mailing thereof. 15 HAZARDOUS SUBSTANCES Licensee shall not transport, use, generate, store or dispose of any Hazardous Material on, under, about or around the Property. As used herein, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the State of California to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. 10 P227 16 PERMITS AND FEES Licensee shall pay for and obtain all permits, approvals, and inspections, including encroachment permits, necessary for Licensee's intended use of the Property pursuant to this Agreement. If the CITY determines that Licensee's activities authorized by this Agreement require environmental review under the California Environmental Quality Act (CEQA), then Licensee shall be responsible to pay all costs incurred by the CITY in connection with such review, including preparation of environmental review documents, and all costs of any required mitigation measures. 17 GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of California. Venue for any legal action arising out of this Agreement shall be the Superior Court of the County of San Bernardino. 18 ATTORNEYS' FEES If any arbitration, litigation, action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, in relation to a breach of this Agreement or pertaining to a declaration of rights under this Agreement, the prevailing party will be entitled to recover from the losing party such amount as the court may adjudge to be reasonable attorneys' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom, together with its other litigation costs and expenses. 19 SUCCESSORS This Agreement, and each and every covenant and condition herein, shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto, subject to the restrictions on assignment set forth herein. 20 PARTIAL INVALIDITY If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then, upon the parties' agreement, such portion shall be deemed modified to the extent necessary in such court's opinion to render such portion enforceable and, as so modified, the remainder of this Agreement shall continue in full force and effect. 21 WAIVER; CONSENT Either party may specifically and expressly waive in writing any rights under, or breach of, this Agreement, but no such waiver shall constitute a further or continuing waiver of any rights, or preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any provision previously breached or waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in is P228 the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. 22 CAPTIONS The captions of the paragraphs and sections of this Agreement are for convenience or reference only and shall not affect the interpretation of this Agreement or limit or amplify any of its terms or provisions. 23 EXHIBITS The following attached Exhibits are incorporated herein by this reference: A. Network Site Plan (upon preparation and acceptance by the CITY); B. Technical and Equipment Requirements Description; C. City Fiber Specifications and Standards. 24 ENTIRE AGREEMENT This Agreement contains all agreements, promises and understandings between the City and Licensee regarding Licensee's use of the Property and the installation of Licensee's Equipment, and no agreements, promises or understandings not set forth herein will be binding upon either City or Licensee. Any addition, variation or modification of this License shall be void and ineffective unless made in writing and signed by the parties hereto. The provisions of this Agreement shall govern over any inconsistent provision contained in any Exhibit. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. SUNESYS, LLC City of Rancho Cucamonga By: By: Title: Title: By: Title: (two corporate signatures required) 12 P229 EXHIBIT A NETWORK SITE PLAN Network Site Plan shall be provided by Licensee within thirty (30) days of the Effective Date, whereupon the same shall be deemed to be incorporated herein by reference. 1831 W 1 P"ST. UPLPNO,CA 51786 . ep r PRO^R=My ❑...0, ,e.l 0 1 M .�. AU .p p� � LON6111 f.M1AL O e INFORMATION � ETIWANDP SD vux..� ;� 0 wwrtury n6AF Mdio EtnvuonnrF 1 13 P230 EXHIBIT B TECHNICAL AND EQUIPMENT REQUIREMENTS DESCRIPTION § ° SUNESTS TO SUNESYS TO i 'J PLACE SWAT I.D. LEASEI , Ypfi CORE GRILL - I99 w I P"ST. UPLAND.CF 91788 ° MH T O a • MH r O S • .. PLACE A P SUNESYS TO AY I.D. LE SE e r.! LD.�LEASEt sunesys PD.�LEASE SE I PROPRMARY ANll i CGNFIDCh-TIAt. .` INFORAAT106 ETI WANDA SD ETMAf•N<.� I o �• 14 P231 I — _ TO:MN^C 8 F^ _ V � . SUNESYS TO M PLACE 3 WAY �Qi �L4 Bly. I.D. LEASE, TO:VAULT-W nn_µ ° E SUNESYS IP21 ST. TO LEASE NPt N0,c 91788 00 --EXISTING I.D. I - 0 O- SD.-LESEI MH i MH 3 ILacE3War SUNESYS TO �� PLACE 3 WAY ee a$SS I.D.-LEASEt 1'IEOpRIGTFRT 4A'D CONFID INFORMATION ATION ETIWANDA SD SELINE tinvusxnvE ro �I MH M H "E" _ ..�.. T2oo• -- 3 SUNESYS TO PLACE WAY =�3 SUNESYS TO LD.-LEASEI ��1 • PLACE 3 WAY yy � -`�^- I.D. LEASE, i'gay � 192t Wil�"6T. �-N� 11PLPN0•Ch91iBP I� M O MH 3O MH Fog X, go 0 o v V O Ll r - \ x SUNESYS TO w^ 1.Y SUNESYS TO �5�, s PLDACLE3 WA Ili 1 '/'�G PLACE ASE I S V I I e S Y s IIN PLACE Eerie, Rxorxarnxr yu CONPID INFORNATION TTIOF ETIWANDA SD Bl5¢NE0.O[0.0M Mp1NTaix vlEW IXt TO M ..F" G -7 15 P232 SUNESYS TO Y PLACE 3 �- D.CLEAS! IWI W I I'"ST. UPNNp,CA 91)86 P M H OO Y O "H" O AL SUESYS TO CONE DRILL s u n e s Y s PROPRIETARY AU CONPIDEM'IAL INFORMATION ETIWANDA SO B+.E1W RD10CN— ' x E AUDAw+ve To m TO:VAULT'1' - - PROPOSE ROPOSE - -- TO INSTALL E S P O^CONDUIT O �O � R O �._ uPOin o.CA' Ogee SUNESr OQ III TO LEASE TO LEASE EXISTING I.D. EXISTING I.D. s� u atu6� VAULT "D" AULT "I" — sune s Y s PapPRiernnr AM) CONFIDENTIAL 1 0. INFORMATION I ETIWANDA SO 620' ❑ s x 5 �.sIrNEADP,ON- 11Q•rtNx NEW pi TO VA ILT U� 200. vA '125\ 6 16 P233 EXHIBIT C CITY FIBER SPECIFICATIONS AND STANDARDS Section 1: Fiber Optics. Connections between buildings shall be with 62.5/125 micron multimode fiber-optic cable or single mode. New connections must test Acceptable IEEE fiber loss specifications (see diagram) Bend radius: For fiber optic cables not in tension, the minimum bend radius is 10 x diameter: cables loaded in tension may not be bent at less than 20 x diameter Fiber Loss Table The numbers listed are averages. Numbers for your installation will vary. Fiber Core Fiber Splice Connector Fiber Wavelength/Mode Attenuation Attenuation Attenuation Attenuation Diameter (per km) (per km) (per connector) (per km) 1300 nm/single- 3 dBm 06 dBm N/A mode 1550 nm/single- 2 dBm 06 m mode These numbers are typical for IEEE specifications. TIA specs = 160. ISO specs = 200. Section 2: Standards. Technical Specifications for the Installation of Fiber Optic Cable 1.0 Introduction City of Rancho Cucamonga Information Services Division currently specifies the installation of 62.5/125 micron multimode and 9/125 micron singlemode fiber optic cable to support data communication services on the city backbone. The following specifications for the selection and installation of fiber-optic cable and associated hardware are intended to ensure a reliable and consistent fiber optic media infrastructure for the city backbone. 2.0 Fiber Cable Specifications Fiber installed on the city backbone must meet or exceed the following specifications. 17 P234 2.1 Multimode Fiber Installed cable shall be 62.5/125micron core/cladding, enhanced grade, multimode, and graded index glass fiber. All materials in the cable shall be dielectric. 2.1.1 Performance Installed fiber must meet or exceed the following performance specifications. Wavelength (nm) Max. Min. Bandwidth Attn.(dB/Km) (Mhz"Km) 850 1 3.0 200 1,300 0.9 500 2.1.2 Cable Construction (Multimode) Installed cable must be manufactured to meet or exceed the following specifications: 2.1.3 Outside Plant Cable (Multimode) Outside plant cable shall be used for all applications where cable is to be run in underground conduits. Outside plant cable may not be used for interior applications and shall meet the following specifications: a. Gel filled buffer tube, 250 um, acrylate b. EIAITIA-598 color coding for fiber optic cable c. Flooded core d. Capable of bend radii as small as 20 x outside cable diameter (under installation load) and 10 x outside cable diameter (long term load) e. Capable of a minimum crush resistance of 850 lb./in. 2.1.4 Recommended Suppliers Corning and Berk-Tech fiber are currently recommended for installation on City's backbone. Cable from other manufacturers will be considered. All cable installed must be cleared by the Rancho Cucamonga Information Services Division prior to installation. 2.2 Singlemode Fiber Installed cable shall be 9/125 micron core/cladding, singlemode, and graded index glass fiber. All materials in the cable are to be dielectric. 2.2.1 Performance (Singlemode) Installed fiber must meet or exceed the following performance specifications. 18 P235 Fiber cable types Wavelength Max. Attn. (nm) (dB/Km) Singlemode; Outside 1,310 0.35 plant 1,550 0.2 2.2.2 Cable Construction (Singlemode) Outside plant cable shall be used for all applications where cable is to be run in underground conduits. Outside plant cable may not be used for interior applications and shall meet the following specifications: a. Gel filled buffer tube, 250 um, acrylate b. EIA/TIA-598 color coding for fiber optic cable c. Flooded core d. Capable of bend radii as small as 20 x outside cable diameter (under installation load) and 10 x outside cable diameter (long term load) e. Capable of a minimum crush resistance of 850 lb./in 3.0 Installation Standards 3.1 Underground Inter-Building Cable All fiber cable is to be protected with inner duct. After installation, inner ducts are to be permanently labeled as containing fiber optic cable. All cable and innerduct are to be fully supported throughout its entire run. At no time shall more than 400 pounds of tension be placed on any fiber cable while it is being pulled through tray or conduit. It is preferred that all fiber cable be pulled with hand power only. If power winches or mechanical advantage devices are used to pull cable, a tensionometer must be used to insure that maximum tension is not exceeded. Alternatively, a "mechanical fuse" rated at 350 pounds may be included in the linkage. Torsion shall be avoided by the use of a swivel at the cable end. While under tension, a minimum bend radius of 20 times the outside cable diameter will be maintained through the use of pulleys and sheaves where required. After pulling, no bend may have a radius, at rest, of less than 10 times the outside cable diameter. 3.1.1 Labeling Labeling on cabinets shall be accomplished by a P-touch (Brother Labeler) or similar machine. Use black on white tape. Labels shall identify the far end location, each bulkhead shall be individually lettered A, B, C, D, etc. Labels shall also include the Building and Strand counts. A plastic self-laminating 2" X 3.5 tag (PANDUIT Brand P/N PST-FO) with the legend "CAUTION FIBER OPTIC CABLE" will also be placed approximately 2 feet from 19 P236 each end of the fiber cable, outside of the fiber termination box. The proper fiber information (end location to end location and fiber strand count) will be written on the tag with a permanent marker. CAUTION: FIBER O_.P'TOC CABLE TYPE AM COUNT 3.1.2 Conduit Assignments The City of Rancho Cucamonga Information Services Division has a conduit management system in force. Scope of Work for cable installation, supplied by The City of Rancho Cucamonga Information Services Division for each project, will specify which conduits are to be used for cable installation. 4.0 Termination Standards Fiber shall be terminated by or under close supervision of a certified Fiber Optic Installer. The preferred certification is the CORNING S-07 or S-07+. Proof will be required upon request. Fiber shall be terminated with SC style connectors unless otherwise specified. All loose buffer tube gel filled cables will have CORNING Brand or equivalent fan-out kits installed. A fan out kit will always be used, never install fiber terminators directly onto the loose tube fiber. Note: Failure to comply will be corrected at the contractor's expense. 4.1 Fiber Organizers Fiber cables are to be terminated in one of two types of enclosures. RCIS may specify either wall-mounted or rack-mountable stand-alone units for installation. Rack mounted units made by ADC, Avaya, or an equivalent, will be acceptable. The final choice of fiber organizer shall be cleared with The City of Rancho Cucamonga Information Services Division prior to installation. Each enclosure shall be labeled with a machine made label with permanent black ink on a white background. Labels shall identify the cable and the Strand's within the cable in the format " Cable-C (Al — H96), Cable-B (J97 — D192), and Cable-A (E193 — M288)". In addition, each FIC shall be labeled on the face plate with the identifiers of the cables it contains. 20 P237 CITY ARCH F61-F62 CABLE-C(Ai-H98) PUBLIC ARCH F63-F64 CABLE-B(J97-D192) IEtC.0 P,RCHF,',.9-F66 CABLE-A(E193-A1288) A D C D E F 4 H J H L Y 1.12 13-2121-35 37d8 19.0 01.72 n.y 0)-06 97.106 109-IM 1211]2 111.149 4 8 C 0 E F 4 H J H L H M M M M G 165156 W.166 169.160 181.107 , 191.M 201.216 • 217.=0 229.2M 241-212 261.204 M4.276 271.2" Each fiber optic strand shall be labeled with a unique identifier at the SC coupler in the FIC. Connectors shall be labeled on the identifying sheets on the front of the FIC. Each fiber shall be labeled where it enters the back of the coupler panels. The identifier shall be in the format Cable Sequence#-tube/bundle- Pair#- Feed/Return -fiber strand #. For example, "OOA-brown-019-F- 0037 and OOA-brown-019-F-0038" 4.2 Connectors and Splices Fiber ends are to be terminated in SC-type connectors with composite ferrules. They must be of the "epoxy and polish". All changes shall be cleared with RCIS prior to installation. If it is necessary to splice pigtails onto an existing, partially terminated fiber cable, the splice type utilized must conform to whatever is already in use at that location. Clearance from RCIS must be obtained before installing any type of splice. Note:Mechanical Splices will only be allowed if express permission is given by City Information Services. Otherwise, the use of mechanical splices is prohibited. 4.3 Miscellaneous At each end of the cable, sufficient slack (15 - 30') shall be left to facilitate reasonable future relocation of the FIC. Slack shall be mounted on walls or upper ladder racks according to RCIS' direction. At each vault, sufficient slack (5%) of the run from prior or next valet will be left to facilitate future maintenance and splicing (i.e. 1000' feet distance will render to 50' feet slack). Slack 21 P238 shall be installed in the figure 8 according to The City of Rancho Cucamonga Information Services Division direction. 5.0 Testing 5.1 Before Installation Each individual fiber in a cable will be tested with an OTDR for length and transmission anomalies while on the reel before installation (provided by the contractor and/or exist at the yard). 5.2 After Installation and termination 5.2.1. All single mode and multi mode fiber strands shall be tested end-to-end for bi- directional attenuation, 850 nm/1300 nm for multimode and 1310 nm/1550 nm for singlemode fibers. Tests should be conducted in compliance with EIA/TIA-526-14 or OFSTP 14, Method B, according to the manufacturer's instructions for the test set being utilized. 5.2.2. Tests must ensure that the measured link loss for each strand does not exceed the "worst case" allowable loss defined as the sum of the connector loss (based on the number of mated connector pairs at the EIA/TIA-568 B maximum allowable loss of 0.75 dB per mated pair) and the optical loss (based on the performance standard above, 2.1.1 and 2.2.1). 5.2.3. After the cable is in place it shall be tested in the following manner: a. After termination, each fiber shall be tested with an ODTR for length, transmission anomalies, and end-to-end attenuation. Results are to be recorded and supplied to The City of Rancho Cucamonga Information Services Division in the form of hard- copy printouts or photographs of screen traces. b. After termination and bulkhead mounting, each terminated fiber is to be tested for end-to-end loss with a power meter/light source. As above, results are to be recorded and supplied to The City of Rancho Cucamonga Information Services Division. c. The maximum allowable attenuation for any splice or termination is 0.3 dB. 5.2.4. The contractor shall review all end faces of field terminated connectors with a fiber inspection scope following the final polish. Connector end faces with hackles, scratches, and cracks chips and or surface pitting shall be rejected and repolished or replaced if repolishing will not remove the end face surface defects. The recommended minimum viewing magnifications for connector ends are 100X for multimode fiber and 200X for singlemode fiber. 6.0 Conduit 6.1 General Underground Conduit New or remodeled buildings on the campus will provide entrance conduits in the size and quantity specified by this section of the standard. These conduits will extend beyond the foundation to 1) nearest existing manhole 2) location of a proposed manhole to be placed as a 22 P239 part of the building project or 3) to a point beyond landscaped and/or paved areas, if the entrance will be direct buried. 6.1.2 Size All conduits will be 4-inches inside diameter. 6.1.3 Type Conduit will be DB-100 PVC. 6.1.4 Quantity A minimum of four 4-inch conduit is required. If fiber cables are required, a conduit will be chosen (clockwise from top) and install a minimum of three inner ducts. 6.1.5 Separations All conduits paralleling power and other foreign conduits and pipes carrying gas, water, oil, or sewer will have a minimum separation of 12-inches of firm earth. This separation may be reduced to 4- inches if the entrance conduit is completely encased in 4-inches of concrete. Crossing separations may be treated in the same manner with the concrete encasement extending a minimum of 3-feet either side of the crossing. 6.1.6 Bends Bends in underground conduit are undesirable and are to be avoided. When required, bends and sweeps will be limited to the equivalent of no more than two 90 bends. 6.1.7 Miscellaneous All outside plant inner-duct is to be orange, schedule 40 or better and a minimum size of 1 V diameter. A minimum of tree spare innerducts shall be placed with the innerduct being used, for future use. All spare conduits and innerducts will have mule-tape or a pull string provided for future use. At points were the inner-duct needs to be spliced proper fittings will be used, either a threaded screw on watertight splice or heat fusion type splice. All unused conduits in outdoor pull boxes will be properly plugged with removable watertight JACK-MOON plugs. All OSP work will be properly documented and the Auto-CADD information including cable depths and accurate routing will be provided to The City of Rancho Cucamonga Information Services Division in both electronic and hard copy versions. Any deviation from these test procedures must be approved in writing in advance by the City of Rancho Cucamonga Information Services Division. 23 P240 STAFF REPORT ' RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ' RANCHO Date: November 7, 2012 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II Subject: ADOPTION OF A RESOLUTION MAKING DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (LVD RANCHO CUCAMONGA LLC, OWNER —APN: 0227-012-24—ANNEXATION NO. 12-5) LOCATED ON THE WEST SIDE OF EAST AVE. SOUTH OF LIMA DR., TO AN EXISTING COMMUNITY FACILITIES DISTRICT, CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RECOMMENDATION Consideration of adoption of a resolution making determinations and authorizing the submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (LVD Rancho Cucamonga LLC, Owner—Annexation No. 12-5) to existing Community Facilities District No. 85-1 ("CFD No. 85-1") and calling a special election for such purpose. BACKGROUND LVD Rancho Cucamonga LLC, property owner, has submitted a proposal to subdivide a vacant parcel of approximately 1.91 acres on the west side of East Ave., south of Lima Dr. (APN 0227-012-24; the "Annexation Area") and is conditioned by the City and Fire District to annex to the existing Community Facilities District (CFD) 85-1 in order to mitigate the development's impact upon fire protection services. On October 3, 2012, the Board initiated formal annexation proceedings pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act") by adopting Resolution No. FD 12-048 approving an Annexation Map (Exhibit "A") of the territory proposed to be annexed and the Resolution of Intention to Annex APN 0227-012- 24 the existing CFD 85-1. This Resolution, among other things, declared the intention of the Board of Directors to levy a special tax within the Annexation Area to finance fire protection and suppression services and setting a public hearing regarding the proposed annexation to be held on November 7, 2012. P241 Annexation of Territory to an existing CFD 85-1 November 7, 2012 Through adoption of this resolution before the Board this evening, the Board will accomplish the following: • Make certain determinations as set forth in the resolution • Call for a special election to be conducted on November 14, 2012 • Authorize submittal of the levy of the special tax to qualified electors of the Annexation Area at such special election ANALYSIS The annexation of the Annexation Area into CFD No. 85-1 will satisfy the conditions of development relating to mitigating impacts upon fire protection services. LVD Rancho Cucamonga LLC, property owner, is in full support of the annexation of the property being annexed. Pursuant to the Mello-Roos Act, whenever there have been less than 12 persons registered to vote within the Annexation Area for each of the 90 days preceding the public hearing pertaining to such annexation, the vote shall be by the landowners within the Annexation Area. Therefore, in the current circumstances, the election will be a landowner's vote, the landowner having one vote per acre or portion thereof of land within the Annexation Area. LVD Rancho Cucamonga LLC, owner of the property within the Annexation Area, has executed a "Consent and Waiver" of time frames relating to the election. Exhibit "A" of the Resolution sets forth the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area which is consistent with the special tax levied upon all territory currently within CFD No. 85-1. At the special election to be held on November 14, 2012, the landowner(s) will be entitled to cast its ballot. The Board Secretary will then canvas the ballot, if received. At the next Board meeting, the Board will consider adopting the resolution declaring the election results and the annexation of the Annexation Area to CFD No. 85-1. If 2/3 of the votes are cast in favor of the levy of the special tax, the Board may declare the property to be annexed. The Public Notice regarding the Public Hearing has been advertised in the Inland Valley Daily Bulletin. Respectfully submitted, OBell Fire Chief Attachments 1. Annexation Map 2. Resolution No. FD 12-052 3. CFD No. 85-1 Map P242 RESOLUTION NO. FD 12-052 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 12-5) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY WHEREAS,the BOARD OF DIRECTORS(the"Board of Directors')of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT(the"Fire Protection District"), RANCHO CUCAMONGA, CALIFORNIA, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the "Act'). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District'); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District,the extent of the territory to be annexed (the"Annexation Area"), the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half(1/2) or more of the area of land within the Annexed Area orwithin District; and, WHEREAS, inasmuch as there have been less than twelve(12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS The above recitals are all true and correct. SECTION 2. DETERMINATIONS It is determined by this Board of Directors that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety(90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; P243 C. the time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of this resolution; and E. the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3. BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public services described in Section 4 below are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map entitled "Annexation Map No. 12-5 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map"), a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. SECTION 4. DESCRIPTION OF SERVICES The services that are authorized to be financed from the proceeds of special taxes levied within the District are certain services which are in addition to those services required for the territory within the District and will not be replacing services already available. A general description of the services authorized to be financed by the District is as follows: The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such services. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within the District are the types of services proposed to be financed from the special taxes proposed to be levied within the Annexation Area. If and to the extent possible such services shall be provided in common with District and the Annexation Area. SECTION 5. SPECIAL TAX Except where funds are otherwise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for the services described in Section 4 that are required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A" which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. Resolution No. FD 12-052 - Page -2 P244 The special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable,this Board of Directors may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. SECTION 6. SPECIAL TAX ACCOUNTABILITY MEASURES Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this Board of Directors hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes section in Section 5. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075.3. SECTION 7. ELECTION The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 14th day of NOVEMBER 2012, and said election shall be a special election to be conducted by the Secretary(hereinafter"Election Official'). If the proposition forthe levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on"Annexation Map No. 12-5 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California' (the"Annexation Map") pursuant to the rate and method of apportionment of special taxes(the_"Special Tax Formula") set forth Resolution No. FD 12-052 - Page -3 P245 in Resolution No. FD 12-044 to finance fire suppression and protection services and administrative expenses? SECTION 9. VOTE The appropriate mark placed in the voting square after the word"YES'shall be counted in favor of the adoption of the proposition, and the appropriate.mark placed in the voting square afterthe word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 10. ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots,tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. Resolution No. FD 12-052 - Page -4 P246 PASSED, APPROVED, AND ADOPTED this day of 2012. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the day of 2012. Executed this day of 2012 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 12-052 - Page -5 P247 EXHIBIT "A" COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 12-5 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 12-5 for Fiscal Year 2012-2013 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($154.78) Multi-Family 2 DU: 1.75 = ($154.78) 3 DU: 2.25 = ($154.78) 4 DU: 2.65 = ($154.78) 5-14 DU: 2.65 = ($154.78) + {.35 (TU-4) ($154.78)} 15-30 DU: 6.15 = ($154.78) + {.30 (TU-14) ($154.78)} 31-80 DU: 10.65 = ($154.78) + {.25 (TU-30) ($154.78)} 81 — up DU: 23.15 = ($154.78) + {.20 (TU-80) ($154.78)} Commercial ($154.78) per acre + $.084 per SF Industrial ($154.78) per acre + $.102 per SF Note: DU = Dwelling Unit TU = Total Units SF = Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2012 and each July 1s'thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Resolution No. FD 12-052 - Page -6 P248 REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall be granted a reduction in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; where a "certificate of occupancy" or"utility release" from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services — Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Resolution No. FD 12-052 - Page -7 N N COON O E LO F ^ J 00 O N a T O N ° U U o yr O ny AJJ940 � h O y ..- - -• a C4�' � t� O k C ! J ti.f n cQ a � m tj C w x //�� _ •V Q I N C L 3 1 m Q 0 o LL Q �.._""AV lse3 in my epuenn!13 ny epueM43 i i O i V i l6 NaaJo Ae(] ny Jalsayooa ny Jalsayoob ny ua>I!II!W ------------._ AV uaN!II!W i i i ny uaneH i ny uaneH i ny esowJaH ny esowJaH ny PIe4!yojV i ny Pleq!yoJV i ny uewllaH - ny uewllaH ny p e(au!n IS ue!laweo ! e €€•ig}}g °E � �•.�'•I•� ..' a�s'��a to r.._.._. CY ny anOJq .i J t f:elj ; w 16 LL N T w m d 8a 4 g e m of = Ek�iF Sp E4 °egg O =8 November 7,2012—City Council Meeting Item 01 (Additional attachments follow page 1188) Appeal of the Planning Commission's denial of P250 Conditional Use Permit DRC2011-01094-HMR Architects for SCI Funeral Services,Inc. / STAFF REPORT a PLANNING DEPARTMENT 1-%1 J NOTE: Speaker cards from RANCHO Public Hearing also follow page 1188 CUCAMONGA Date: November 7, 2012 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development By: Mike Smith, Associate Planner Subject: APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. - A request to construct and operate a funeral home (that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located near the southeast corner of Etiwanda Avenue and Candlewood Street - APN:1100-031- 07. Related file: Development Review DRC2011-01094D. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends that the City Council hold a public hearing on the applicant's appeal, and after considering all testimony and evidence presented, and uphold the Planning Commission's decision to deny Conditional Use Permit DRC2011-01094 and direct staff and the City Attorney to prepare the appropriate Resolution. ALTERNATIVE ACTION: Alternatively, the City Council may decide after the public hearing to grant the applicant's appeal and approve Conditional Use Permit DRC2011-01094. BACKGROUND: On July 25, 2012, the Planning Commission conducted a public hearing on the Conditional Use Permit (CUP) application. Following staffs report, testimony from the public, and deliberation on the project, the Commission voted to deny the CUP and directed the staff to prepare and agendize a Resolution of Denial for review at the following meeting. On August 8, 2012, the Planning Commission reviewed and approved the Resolution of Denial. On August 20, 2012, the City Clerk's office received an appeal of the Planning Commission decision. ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, staff determined that with the imposition of mitigation measures related to, for example, air quality (including greenhouse gases) and hydrology/water quality there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program was also prepared to ensure implementation of, and compliance with, the mitigation measures for the project. P251 CITY COUNCIL STAFF REPORT DRC2011-01094—SCI FUNERAL SERVICES, INC. November 7, 2012 Page 2 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to a) all property owners within a 660-foot radius of the project site and b) all property owners who are not within 660 feet of the project but are in the area south of Base Line Road, east of Victoria Park Lane, north of Church Street, and west of 1-15 Freeway. All correspondence received after the Planning Commission public hearing and prior to the final preparation of this City Council Staff Report is attached. Any additional correspondence received following production of the agenda will be presented to the City Council at the meeting on November 7, 2012. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: Site - Vacant—Office Professional (OP) District, Etiwanda Specific Plan North - Single-Family Residences — Low Medium (LM) Residential District, Etiwanda Specific Plan South - Office Buildings Office Professional (OP) District, Etiwanda Specific Plan East - 1-15 Freeway West - Single-Family Residences — Mixed Use (MU) District, Victoria Planned Community B. General Plan Designations: Site - Office North - Low Medium Residential South - Office East - not applicable West - Mixed Use C. Site Characteristics: The project site is a vacant, irregularly-shaped parcel of approximately 164,200 square feet (3.77 acres) located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street (Exhibit A of Attachment B). As part of the proposal, the applicant has submitted a Lot Line Adjustment (Related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line (that separates the subject parcel and the parcel to the south and reduce the land area of the project site - see dashed line on Exhibit B of Attachment B). Following the adjustment, the rectangular parcel will have an area of approximately 101,000 square feet (2.32 acres) with overall dimensions of approximately 350 feet (east to west) by approximately 307 feet (north to south). To the west across Etiwanda Avenue and north across Candlewood Street of the project site are single-family residences. On the east is the 1-15 Freeway. South from the project site are two small buildings — a post office and an office, while immediately to the northwest of the project site is the historic Cour House. Neither the office buildings, nor the Cour House are part of this project. The subject property is generally level with a southeasterly slope; the elevations at the northwest and southeast corners are approximately 1,265 feet and 1,255 feet, respectively. P252 CITY COUNCIL STAFF REPORT DRC2011-01094—SCI FUNERAL SERVICES, INC. November 7, 2012 Page 3 PROJECT DESCRIPTION AND SUMMARY: .A. General Plan and Development District (Zoning): The General Plan designation of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional. The General Plan designation of the properties to the north is Low Medium Residential. The General Plan designation of the properties to the west is Mixed Use. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use (MU) District, Victoria Planned Community. Mortuaries, including funeral homes, are permitted in this development district (zone) subject to the review and approval of a Conditional Use Permit by the Planning Commission. There are no changes to the General Plan, development district/zoning, and/or Etiwanda Specific Plan that are required in order for this proposal to be considered. Crematories are not permitted at this location per Section 17.102.070 of the Development Code which specifies that crematoriums must be located east of Interstate 15 and south of Arrow Route, and located a minimum of 1,000 feet from public schools, community centers, or libraries, and any residentially zoned property. B. Protect Proposal and Operating Characteristics: The applicant, SCI (Service Corporation International) Funeral Service Inc., proposes to construct and operate a one-story funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet (Exhibit B of Attachment B). Services to be provided at the funeral home will be limited to arrangement of services, wakes/visitations, and funerals. Pre-funeral services — including preparation of the deceased, embalming, and body dressing — and post-funeral services — including cremation and burial — would not be allowed. If a wake or visitation is scheduled in the evening and a funeral service scheduled the following day, then the remains of the deceased would be stored temporarily on-site. The proposed operating hours are between 8:00 a.m. and 5:00 p.m. (Monday through Friday) and between 10:00 a.m. and 4:00 p.m. (Saturday and Sunday). If an evening visitation is requested to occur prior to a funeral service that will occur the following day, the visitations will be conducted between 6:30 p.m. and 8:00 p.m. There will be up to four (4) employees (Exhibit D of Attachment B). The funeral home will be comprised of the following rooms (see also Exhibit C of Attachment B): P253 CITY COUNCIL STAFF REPORT DRC2011-01094—SCI FUNERAL SERVICES, INC. November 7, 2012 Page 4 Name of Room Floor Area SF Function Lobby 522.75 Initial gathering area and chapel overflow Reception 72 Receptionist Arrange 165 Funeral arrangements Manager/Arrange 165 Manager's office (funeral arrangements as needed Staff 340 Administrative support clerical, accounting, etc. Hospitality 414 Gathering room during visitations Selection 370 Retail display area of caskets, urns, etc. Visitation 2 rooms 735 Viewing of the deceased Receiving 340 Delivery of the deceased Chapel 1,872 Memorial services Courtyard 417 Outdoor hospitality Miscellaneous Restrooms, utilities, storage, and hallways As noted previously, activities such as embalming, cremations, and/or burials will not occur on-site. Burials/interment will occur at cemetery locations chosen by the deceased and/or the family of the deceased. Embalming and cremations will occur off-site at specific locations identified by SCI Funeral Services, Inc. as follows (see also Exhibit D of Attachment B): Activity Location Draper Mortuary Embalming and 811 N. Mountain Avenue, Ontario Body Dressing Atcheson & Graham Mortuary 7944 Magnolia Avenue, Riverside Cremations Mt. View Mortuary and Cemetery 570 E. Highland Avenue, San Bernardino Funeral services and associated activities are anticipated to occur an average of three (3) times per week. The duration of a funeral service will vary. After the funeral service, if the family of the deceased chooses to do so, there will be an escorted funeral procession to the cemetery. C. Design and Technical Characteristics: The funeral home is proposed to be located generally at the front center of the project site (Exhibit B of Attachment B) and will comply with the development standards applicable to this zoning district as described in Sections 5.23.309 (Setbacks) and 5.24.304 (Etiwanda Avenue Overlay Setbacks) of the Etiwanda Specific Plan. Specifically, the proposed setbacks from the property lines at Etiwanda Avenue and Candlewood Street are approximately 93 feet and 127 feet, respectively. The building is proposed to be approximately 59 feet from the south property line and 195 feet from the re-aligned east property line (following the aforementioned lot line adjustment). The building is proposed to be approximately 33 feet from the common property line that is shared with the Cour House property. P254 CITY COUNCIL STAFF REPORT DRC2011-01094—SCI FUNERAL SERVICES, INC. November 7, 2012 Page 5 As the building is proposed to be plotted generally at the front center of the site, the majority of the parking will be located on the east side of the site, to the rear of the building. Two vehicle access driveways are proposed - a main driveway at Etiwanda Avenue and a secondary driveway at Candlewood Street. Drive aisles will connect the subject site with the adjoining parcels with the intent of allowing shared/reciprocal access in the future. Landscaping will be provided throughout the parking lot and perimeter of the project site (Exhibit F of Attachment B) including a large area of approximately 65 feet (east to west) by approximately 240 feet (north to south) that will be used for on-site retention of storm water. D. Floor/Area Analysis: Per Chapter 2, Figure LU-2 of the General Plan, the maximum floor area ratio (FAR) in the Office land use category is 100 percent. The net area of the project site will be approximately 101,000 square feet (subject to the approval of Lot Line Adjustment SUBLLA#691). Following the completion of the funeral home, the building coverage (including the porte-cochere) will be 8,282 square feet. Therefore, the floor area ratio for this site will be 8.2 percent, which is substantially less than the allowable maximum floor area ratio. E. Parking Calculations: The parking calculation for the proposed funeral home is one (1) parking stall per 35* square feet of assembly room, e.g. chapel, or floor area per Table 17.64.050-1 of the Development Code. Type Floor Parking # of Spaces Area # of Spaces Provided of Use (SF) Ratio Required Funeral Home 6,911 n/a n/a Chapel 1,872 1/35* 53 75 *At the time the application for the proposed funeral home was reviewed by the Planning Commission, the parking requirement was based on a ratio of one (1) parking stall per 25 square feet of assembly room floor area. Following the adoption of the updated Development Code effective September 4, 2012, the ratio was changed to one (1) parking stall per 35 square feet of assembly room floor area. F. Design Review Committee: The project was reviewed by the Design Review Committee (Munoz, Wimberly, and Granger) on March 20, 2012 (Exhibit G of Attachment B). The Committee reviewed the application and deemed it acceptable for forwarding to the Planning Commission for review and action subject to standard/special conditions of approval. G. Grading and Technical Review Committees: The project was reviewed by the Grading and Technical Review Committees on March 20, 2012. Both Committees deemed it complete for forwarding to the Planning Commission for review and action subject to standard/special conditions of approval. P255 CITY COUNCIL STAFF REPORT DRC2011-01094—SCI FUNERAL SERVICES, INC. November 7, 2012 Page 6 H. Neighborhood Meeting: For infill projects that are adjacent to residential areas, the applicant is required by the Planning Department to conduct a neighborhood meeting to explain the project, present drawings, and obtain input from surrounding residents. On March 8, 2012, the applicant conducted a neighborhood meeting at Etiwanda Gardens Community Center located at 7576 Etiwanda Avenue. Although there are 105 individuals, not including duplicates, listed on the sign-in sheet (Exhibit H of Attachment B), staff estimates there were at least 200 individuals in attendance. After approximately 10 minutes of the applicant presenting the proposal, those in attendance clearly indicated that they were opposed to the project. The regular presentation of the project was discontinued, and the remainder of the neighborhood meeting was devoted to receiving verbal comments from the attendees and fielding questions about the development process. Staff's response to the comments is outlined in on pages 6 — 9 of the Planning Commission Staff Report dated July 25, 2012 (Attachment C). The applicant's summary of the neighborhood meeting is attached (Exhibit I of Attachment B). I. Planning Commission Meeting: On July 25, 2012, the Planning Commission conducted a public hearing on the proposed applications. The following are the general issues raised by individuals at the Planning Commission public hearing (expanded list in Exhibit H): 1. Residential neighborhood compatibility — the funeral home is not compatible with, and/or is not suitable within, an area that is dominated by residential development; 2. Impact on property values - the presence of the funeral home will cause a decrease in property values; 3. Psychological effects — the presence of the funeral home will have a detrimental effect on the mental well-being of the residents as funeral homes are associated with death. 4. Addition of cremations and embalming — the potential for the addition of cremations and embalming in the future, and concerns about the potential aesthetic and environmental impacts caused by cremations and embalming; 5. Traffic circulation — the timing of the processions, effect of processions on regular traffic, increased congestion that inhibits site access, the safety of drivers and pedestrians, increased traffic affecting access to homeowners' properties, and impact on traffic during the mornings and afternoons when parents are dropping-off or picking-up their children at school; 6. Parking — during funerals there will not be a sufficient number of parking spaces on- site and vehicles will be parked on the street; 7. Crime — the presence of the funeral home will lead to criminal activity at the funeral home and/or during funeral services; P256 CITY COUNCIL STAFF REPORT DRC2011-01094—SCI FUNERAL SERVICES, INC. November 7, 2012 Page 7 J. Staff Analysis: The following is an analysis of the issues raised by individuals in attendance at the Planning Commission public hearing. Also included is a discussion of documents/information received from the applicant (or their representatives) relating to traffic and real estate values that was provided after the Planning Commission public hearing. New public testimony and documents received from the neighborhood are also included as Attachments N, O and P. 1. Residential neighborhood compatibility — the funeral home is not compatible with, and/or is not suitable within, an area that is dominated by residential development; Analysis: The Development Code and the Etiwanda Specific Plan, consistent with the City's General Plan, regulate where various uses, including funeral homes, can be located. Both documents identify various areas within the City that are suitable for commercial uses. The General Plan designation of the project site is Office Professional. The zoning of the project site is Office Professional (OP) District, Etiwanda Specific Plan. Mortuaries, including funeral homes, are permitted in this development district (zone) subject to the review and approval of a Conditional Use Permit by the Planning Commission. There are no changes to the General Plan, development district/zoning, and/or Etiwanda Specific Plan that are required in order for this proposal to be considered. The uses that are permitted are established based on the service of the use to the larger community of Rancho Cucamonga and the suitability of the use within the context of its location. For uses that require a Conditional Use Permit, compatibility of the use with its surroundings is paramount. If the proposed use is not consistent with the intent of Section 5.23.311 of the Etiwanda Specific Plan in which it is stated, "where proposed commercial or office professional development abuts on an established existing use of equal or lesser intensity, or a school, church, or other sensitive land use, such new development shall recognize and respect existing conditions and uses, and shall be designed with sensitivity to minimize impact on the existing uses,"then the project should not be approved. 2. Impact on property values - the presence of the funeral home will cause a decrease in property values; Analysis: It is difficult to assess the impact of a land use on property values as there are many variables. Staff recognizes that the property values have been impacted by the state of the economy and the housing market. In general, it can be expected that a specific land use/project could negatively affect property values if it causes, for example, significant air pollution; negative aesthetic impact; damage to biological habitat; loud noise and/or vibrations; or a substantial increase in traffic. The funeral home is not expected to have a significant impact on the above-stated elements. It is recognized, however, that associations with death can create a stigma that negatively impacts residential property value. Thus, the fact that a large number of existing homeowners in the vicinity of the project site have testified to the negative psychological effects they have and will experience due to the presence of P257 CITY COUNCIL STAFF REPORT DRC2011-01094—SCI FUNERAL SERVICES, INC. November 7, 2012 Page S a funeral home in their neighborhood, suggests it is reasonable to conclude that potential buyers will have this same concern and that residential property values in the area may suffer as a result. The applicant submitted on October 16, 2012 a report (prepared by Cushman & Wakefield and dated May 2, 2012) that analyzes the impact on real estate values caused by funeral homes (Attachment 1). The consultant selected four funeral homes operated by SCI Funeral Services, Inc. in Long Beach, California; Surprise, Arizona; Dallas, Texas; and San Antonio, Texas. The report concludes that there was no adverse impact on home values in the vicinity due to the funeral homes. Staff does not believe, however, that funeral homes studied in the report are comparable to the proposed project in this case. Unlike the project site in this case, the other locations are situated along major streets, several hundred feet from residences, and/or located in areas with a greater concentration of non-residential development. Furthermore, the report analyzes the average sales prices for the residences within a radius of 0.5 mile and 3 miles of each funeral home. As the residences are not in the immediate vicinity of the funeral homes, it is difficult to determine if any change in sale prices is the direct result of the presence of the funeral homes. On balance, staff believes that the documented concerns of residents that the presence of a funeral home will stigmatize their neighborhood provides substantial evidence that the project would have a negative impact on home values. Therefore, the finding cannot be made in this case that "the proposed project will not be detrimental or materially injurious to properties or improvements in the vicinity," which is one of the required findings for approval of a CUP. 3. Psychological effects — the presence of the funeral home will have a detrimental effect on the mental well-being of the residents as funeral homes are associated with death. Analysis: Living within proximity to a funeral home can serve as a constant reminder of death that is discomforting to some people and in some cases cause mental strain and depression. This is particularly important if the location in question is dominated by a residential neighborhood where death and elements of death are contrary to the expectations of a residential environment. The level of discomfort will vary from person to person but can be significant. Moreover, there are no means to mitigate the problem. In this case, the Planning Commission received extensive testimony from current residents that the proposed project would negatively impact their well-being and mental health. Staff therefore believes that the project would conflict with General Plan Policy LU-1.1 which is aimed at protect(ing]" neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment." 4. Addition of cremations and embalming — the potential for the addition of cremations and embalming in the future, and concerns about the potential aesthetic and environmental impacts caused by cremations and embalming; P258 CITY COUNCIL STAFF REPORT DRC2011-01094—SCI FUNERAL SERVICES, INC. November 7, 2012 Page 9 Analysis: The proposal does not include cremation and/or embalming services. Per Section 17.102.070 of the updated Development Code (in effect as of September 4, 2012) crematoriums must be located east of Interstate 15 and south of Arrow Route, and located a minimum of 1,000 feet from public schools, community centers or libraries, and any residentially zoned property. The applicant could apply to add embalming at a future date should the current request be approved. However, the addition of embalming would require the submittal of an application to modify the Conditional Use Permit. The application would be subject to consideration by the Planning Commission at a noticed public hearing. 5. Traffic circulation — the timing of the processions, effect of processions on regular traffic, increased congestion that inhibits site access, the safety of drivers and pedestrians, increased traffic affecting access to homeowners' properties, and impact on traffic during the mornings and afternoons when parents are dropping-off or picking-up their children at school; Analysis: A traffic impact analysis prepared by Albert Wilson & Associates, the applicant's traffic engineer, was prepared on May 11, 2012 (Exhibit J of Attachment 8). According to the report, the typical duration time for an escorted procession to pass through a particular point, such as a street intersection, will be dependent on the number of vehicles in the procession. Assuming that there would be an average of three (3) persons per vehicle, with the seating capacity of the funeral home of 168 persons, this equates to fifty-six (56) vehicles (16813 = 56). The traffic engineer estimates that it would take four (4) seconds per vehicle to pass a particular point. Therefore, it would take a procession of 56 vehicles approximately 3 minutes and 44 seconds to pass a particular point along the procession route. If there is no procession, then the use of the public streets will occur in a normal manner. In response to concerns about increased traffic congestion due to funeral procession or associated activities during the mornings and afternoons when parents are dropping-off or picking-up their children at school, the applicant submitted an addendum to the traffic impact analysis prepared by the same traffic engineer on October 11, 2012 (Attachment M). The addendum states, "the occurrence of funeral activities during school peak hour period will not have an adverse impact on traffic circulation in the immediate vicinity of the project." The City's Traffic Engineer, Jason Welday, reviewed both reports. He also conducted three (3) inspections in the project area to observe the existing traffic conditions in the vicinity of the project site, and to verify the data provided in the report and the addendum. He conducted all of these inspections in the afternoon at the same time that parents would be picking-up their children at school. He concluded that the analyses in both documents were accurate and agrees with the conclusions. 6. Parking — during funerals there will not be a sufficient number of parking spaces on- site and vehicles will be parked on the street; P259 CITY COUNCIL STAFF REPORT DRC2011-01094—SCI FUNERAL SERVICES, INC. November 7, 2012 Page 10 Analysis: The parking calculation for the proposed funeral home is one (1) parking stall per 35 square feet of assembly room, e.g. chapel, or floor area per Table 17.64.050-1 of the Development Code. At the time the application for the proposed funeral home was reviewed by the Planning Commission, the parking requirement was based on a ratio of 1 parking stall per 25 square feet of assembly room floor area. Following the adoption of the updated Development Code effective September 4, 2012, the ratio was changed to one (1) parking stall per 35 square feet of assembly room floor area. The parking that is required for the funeral home using the new ratio is 53 parking stalls. The proposed parking lot will have 75 parking stalls. 7. Crime — the presence of the funeral home will lead to criminal activity at the funeral home and/or during funeral services; Analysis: Staff is not aware of an increase in criminal activity or criminal presence during comparable funeral services elsewhere in the City. As there are no funeral homes in the City, staff contacted the Police Departments of comparably-sized cities — Ontario, Pomona, and Fontana — for discussion of this matter. The crime analysts from each of these departments stated they have no record of any criminal activity that is specific to funeral homes in their respective cities. Instead, the criminal activity that did occur was low-level crimes such as vehicle burglaries and petty theft. Although these crimes can occur in a variety of commercial and residential environments and are not directly attributed, or limited, to funeral homes, it is uncertain if the City will have a similar experience with this proposed funeral home at this location. K. Planning Commission Decision: After the Commission closed the public hearing, they discussed the above-noted issues and details of the proposed project. Following these deliberations, the Commission voted 3 to 2 in favor of the denial and directed staff to prepare a Resolution of Denial for review at the following meeting. On August 8, 2012, the Planning Commission reviewed the item and voted 3 to 1 to adopt the Resolution of Denial, which contained the following findings: 1. The proposed project is not consistent with the objectives of the General Plan. The proposed project conflicts with Goal LU-1 of the General Plan requiring that land use development should "ensure established residential neighborhoods are preserved and protected, and local and community-serving commercial and community facilities meet the needs of residents." Specifically, the proposed project conflicts with Policy LU-1.1 which is aimed at "protect[ing]" neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment'; and 2. The proposed project is not in accord with the objectives of the Etiwanda Specific Plan, and the purposes of the district on which the site is located. Per Section 5.23.311 of the Etiwanda Specific Plan, "where proposed commercial or office professional development abuts on an established existing use of equal or lesser intensity, or a school, church, or other sensitive land uses, such new development shall recognize P260 CITY COUNCIL STAFF REPORT DRC2011-01094—SCI FUNERAL SERVICES, INC. November 7, 2012 Page 11 and respect existing conditions and uses, and shall be designed with sensitivity to minimize impact on the existing uses"; and 3. The proposed project is not in compliance with each of the applicable provisions and goals of the Etiwanda Specific Plan. Section 5.23.201 of the Etiwanda Specific Plan states the following: "No uses shall be permitted and no process, equipment, or materials shall be employed which are found to be detrimental to the public health, safety, or welfare by reason of odor, fumes, dust, smoke, cinders, dirt, refuse water- carried wastes, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature, or to involve a hazard of fire or explosion" and; 4. The proposed project, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Section 5.23.201 of the Etiwanda Specific Plan states the following: "No uses shall be permitted and no process, equipment, or materials shall be employed which are found to be detrimental to the public health, safety, or welfare by reason of odor, fumes, dust, smoke, cinders, dirt, refuse water-carried wastes, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature, or to involve a hazard of fire or explosion." CONCLUSION: Staff recommends that the City Council hold a public hearing on the applicant's appeal, and after consideration of all evidence and testimony presented, deny the applicant's appeal, and uphold the Planning Commission's decision to deny Conditional Use Permit DRC2011-01094. Respectfully submitted, re . B om Deputy City Manager/Economic and Community Development JAB:MKS/DWG/vv Attachments: Attachment A— Applicant's Appeal Letter from Grisham and Savage, dated August 20, 2012 Attachment B — Exhibits from Planning Commission Staff Report, dated July 25, 2012 Attachment C — Planning Commission Staff Report, dated July 25, 2012 (with all attachments) Attachment D — Planning Commission Resolution of Denial No. 12-36 Attachment E — Planning Commission Minutes, dated July 25, 2012 and August S, 2012 Attachment F— Planning Commission Sign-In Sheet for Hearing on July 25, 2012 Attachment G — Item Submitted (Vacant Land List) to Planning Commission Hearing on July 25, 2012 Attachment H — Matrix of General Concerns/Statements from Attendees and Correspondence Presented at the July 25, 2012, Planning Commission Hearing Attachment I — Residential Home Value Impact Study (prepared by Cushman &Wakefield, May 2, 2012) P261 CITY COUNCIL STAFF REPORT DRC2011-01094—SCI FUNERAL SERVICES, INC. November 7, 2012 Page 12 Attachment J — Aerial Photos of Existing Funeral Home Locations (from Google Maps) Attachment K— Correspondence from the Applicant (Discussing Impacts on Property Values) for the November 7, 2012, City Council Hearing Attachment L — Fact Sheet (prepared by the Applicant) Attachment M —Traffic Impact Analysis Addendum (prepared by Albert Wilson & Associates, October 11, 2012) Attachment N — Correspondence from Property Owners and Residents (Opposed to the Project) for the November 7,2012 City Council Hearing (received after the Planning Commission public hearing) Attachment O — Supplemental Petition from Property Owners (received after the Planning Commission public hearing) Attachment P - Neighborhood Funeral Home Analysis (prepared by Property Owners) Attachment Q — Correspondence from Property Owners and Residents (In Favor of the Project) for the November 7, 2012 City Council Hearing (received after the Planning Commission public hearing) P262 GRESHAM I SAVAGE I' :Iecc ni ;,m But I'll dinogrrrc (911916u0-IA49 jni {91U),�9U�'S% ATTORNEYS Al LAW August 20, 2012 VIA HAND-DELIVERY City of Rancho Cucamonga .a. cg tr' 9 E Attn: City Clerk � � '"'>f s ry t�x�n 10500 Civic Center Drive Rancho Cucamonga, CA 91729-0807 Re: Notice of Appeal of Planning Commission Determination re Resolution No. 12-36, and Conditional Use Permit DRC2011-01094 Dear City Clerk and Members of the City Council: This firm has been engaged to represent SCI California Funeral Services, Inc. ("SCI") and its project management consultant, HMR Architects ("HMR") with regard to the Planning Commission approval of Resolution 12-36, and the denial of the Condition Use Permit Application No. DRC2011-01094. On behalf of our client, SCI and HMR, and pursuant to Rancho Cucamonga Municipal Code Section 17.02.080, this letter hereby serves as the formal notice of appeal by SCI and HMR of the Planning Commission's August 8, 2012 denial of CUP DRC2011-01094 and Resolution No. 12-36 setting forth the findings for the denial of the CUP. Attached please find check no. 3938990 in the amount of$2,328.00 for the filing fee of such appeal. The CUP in this case is an application for the development and operation of a 2.32 acre parcel located adjacent to the I-15 freeway along Etiwanda Avenue for the use of a funeral home, including services, visitations and funerals (the "Project'). The proposed use is permitted within the zoning for the property with a CUP. A Mitigation Negative Declaration was prepared as a part of the Project, finding that no significant impacts would result from the proposed land use. In the Staff.Report prepared for the Planning Commission, the Staff recommended approval of the CUP, with conditions. The Design Review Committee also deemed the Project acceptable. As part of the Project, the applicant will be required to complete the additional lanes along Etiwanda Avenue as well as underground the electrical wires along the block, in addition to providing the proposed improvements to the vacant parcel, itself. The Project will also provide additional direct and indirect employment opportunities for residents from both the construction and operation of RIVERSIDE 3750 University Avenue, Suite 250 • Riverside, California 92501 v SAN BERNARDINO 550 East Hospitality Lane, Suite 300 - San Bernardino, California 92408 RCN DIEGO Sol W. Broadway, Suite 800 - San Diego, California 92101 �.1 ATTACHMENT A P263 City of Rancho Cucamonga August 20, 2012 Page 2 the Project. Despite the Project's consistency with zoning and land use regulations for the Parcel, the Planning Commission voted to deny the CUP based upon four findings. Specifically, the Planning Commission found: 1. The Project is inconsistent with Goal LU-1 and Policy LU-1.1 of the General Plan protecting residents of negative impacts on the residential living environmental; 2. The Project is not in accord with the objectives of the Etiwanda Specific plan, Section 5.23.311 related to compatible land uses; 3. The Project will be detrimental to the public health, safety or welfare under Section 5.23.201 of the Etiwanda Specific Plan related to odor, fumes, dust, smoke, cinders, dirt, refuse water, waste, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature, or involved in a hazard of fire or explosion; and 4. The Project will be detrimental to the public health, safety or welfare, generally, under the Etiwanda Specific Plan. The findings of the Planning Commission are not supported by substantial evidence and, in fact, the proposed use is expressly permitted in the zoning for the property in question. The only proposed evidence to support the findings of the Planning Commission is the alleged "emotional stress" of the neighbors and, again without any factual support, the alleged reduction in market value of neighboring residences. The proposed Project and request for CUP meets each of the requirements set forth in Rancho Cucamonga Municipal Code Section 17.04.030. The Project is consistent with the General Plan and the Etiwanda Specific Plan. The Staffs original recommendation for approval was further supported by the Mitigated Negative Declaration of environmental impacts. No support exists for the assumption that the proposed use will result in a decline in property values and, as will be presented separately, evidence does exist that funeral service uses do not cause declines in surrounding property values. Nor, given a survey of other property uses within the neighborhood, are claims of "emotional stress" sufficient to support the denial of a permitted land use. The Resolution of Denial No. 12-36, and findings set forth therein, demonstrate that the Planning Commission acted in an arbitrary and capricious manner in making its P264 City of Rancho Cucamonga August 20,2012 Page 3 decision by showing a clear bias against the Project, a disregard of the substantial evidence presented that would have allowed all necessary findings for approval to be made, and reliance upon unsubstantiated testimonial evidence and factual misstatements. We will provide additional support for the basis of this appeal, which demonstrates that the Planning Commission's decision should be reversed wholly. We welcome the opportunity to appeal to the City Council. Very tru ours Jennifer M.Guenther, of GRESHAM SAVAGE NOLAN &TILDEN, A Professional Corporation JMG:vw Enclosure P265 Mayor L. DENNIS MICHAEL•Mayor Pro fem SAM SPACNOLO { council Mmben WILLIAM J.ALEXANDER, CHUCK BUQUET, DIANE WILLIAMS City Manager JOHN R CILLISON 7 THE CITY OF RANCHO CUCAMONGA RANCHO CUCAMONGA August 13, 2012 HMR Architects Attn: Bill Reseigh 221 Main Street, Suite I Huntington Beach, CA 92648 SUBJECT: RESOLUTION OF DENIAL FOR DRC2011-01094 Dear Applicant: The Planning Commission denied the above-described project at its meeting of August B, 2012. A copy of the signed resolution is enclosed. The decision of the Planning Commission is final following a ten-day appeal period that ends August 20,2012. Appeals must be filed in writing to the City Clerk, state the reason for the appeal, and be accompanied by a $2,328 filing fee. If you have any questions, please call our office at (909) 477-2750. Sincerely, PLANNING DEPARTMENT Lo5J. Sc rader PIRnninn rnmmiI;cinn ..RAnrAtnry THE BACK OF THIS CHECK HASA FACSIMILE:WATERMARK-CAN BE SEEN AT AN ANGLE REAL ESTATE 11@ NO. 3938990 1929 ALLEN PARKWAY HOUSTON, TX 77019 PORTER TEXAS ..Nv10tItJt 08/16/12 3938990 *•****2328.00 PAYTWO THOUSAND THREE HUNDRED TWENTY—EIGHT AND 00/100--------------------- r CITY OF RANCHO CUCAMONGA 3273463 TO 10500 CIVIC CENTER DRIVE MW THE ORDER RANCHO CUCAMONGA i CA 91730 By and/or the Comp y OF United States Cf America By and For the Company SECURE PEXTURES INCLUDE IAICROPRINTING-VOID FEATURE PANTOGRAPH ENDORSENIENT BACKER P266 I CITY OF RANCHO CUCAMOHSA — CITY HALL FINANCE DEPARTMENT IB508 CIVIC CENTER DRIVE RANCHO CUCAMOHOA CA 91730 RECEIPT. CR17177677 2}DATE: 08/20/12 CASHIER ID: FINCHTR TIME: 15:33:06 BATCH ID: CSF08201 APPEAL DRC2811-01694 Planning Fees 21328.N 1881880 450 CK I . TOTAL PAID- ---~^---- -�+328.00 RECEIVED FROM: REAL ESTATE I ' ilk d..�F,b, ✓�r'z��`-��.�°q'"�5's� � m '� ��."t � `��`'�' I INN�� "•,^ "*r„r��Y 3� �.. v�s'F�: -:..sue. i �.,"z'��.vt h�ca �N�� y mss'.-.��-r�'�* -r��r�?�: z`�e'"�.L,.. i 3 t '.� .4•y-�-r �s'> mot'.'L+�st',�a �.? v� s �"�a4..R..•=.,�.bG .z- y... 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I`,+RVlln i fs� r r. l Z�+ M1eA£CnnR NONSE wiw 0 a a•d Fla (jE .$ �I i 3 -�( _J_ 4' }I'� FIRESTATION 15a` 6 { y n F 1" ^ d 4` s [ > w ER $ a a s J > r S vJRj 4 "-6• "r,.re•„ @ NO.T dd., 4 ° a •° [ 5 7 mArAT vS i a _• r W NO AFVSERLIA ��.9 wsn• _- _ A f PROJECT SITE � I ; "IJ HISTORK 5� a ££ t� 7Q WINFAY 5 '� ,',�i r f 0 .-�" � � .•"li�,A '��„��f :o P � [ � � e% �� i rrrr _IS >F r�wn� ..VI ORIA GARDEN c�LruRaVi euNEl �o � r - g t rAw� "...a+a.w/ ✓'n~r fY� - ..... 4 CEMER.y` U9RARY 9BASSzZ Uffla I �OTE j 1 9 66 N#IIPU u' i1 n....0� Wa.un I—'EP/CENTER °`� 'F�• l• i ” Ie I E[EF ANWALLARES (} AOOFTIONLENTER I i; iQ 'SAN P$'&RNAT- I _ EXHIBIT A �►TTacHMENT , mi, 44 P 69 s k¢ k C k C C W W� �mm a 4 d [o iM S ��o e w CO Si �Zo o 3iggs°y 8g6 Q CL SL 'S'•Ji FW- /✓/ d� y vvv 9Wrnen9 i rol cOC 3 ,1f.10.00 N m ry W i e _awaT_ .w d o - __ _______________ �._ _________.� \ gg z \ I tl o ppi tlf P - anG � i + I I n iT n il I e0 °I I o �B b QM.60. 0a00N� .109 —^ } . ..9P 0 n Q 1 ;aZO= a l I ' < U ab a f' z a 6 '9fl ___ __ 9'9b M .60,oao0 N ggaA yy A�.i a 6U 3nN3AV VONVMLL3 - fa€ EXHIBIT B A & B 15 Z E�``gCita,i$ 0 y R OO�9YtQ 4�iY6� pypy �� O � I ® . a C9 k j3 4 z_ J EXHIBIT C A & B 18 P271 1 January 23, 2012 City of Rancho Cucamonga Department of Planning and Zoning 10500 Civic Center Drive Rancho Cucamonga, Ca 91730 RE: New Funeral Home at SE Comer of Etiwanda Ave.& Candlewood St. To Whom It May Concern: This letter serves as a narrative of day-to-day operations for the proposed funeral home as referenced in the application for a Conditional Use Permit. The proposed hours of operation are Monday-Friday 8:00am to 5:00pm with four(4)employees on staff and 10:00 am to 4:00pm on Saturday and Sunday with a reduce staff. During a funeral service there will be additional staff provided as needed based on the size and type of service. Services will be sporadic, with an anticipated maximum of three per week, and will generally occur between the hours of 10:30am and 4:00pm. Visitations, when requested, are usually held the evening prior to a service from 6:30-8:00pm and typically have 30 persons in attendance at any given time during the visitation. It is anticipated that the Fire Dept.will have access to the site via Candlewood, future access to the historical house on the comer and access from Etiwanda. It is anticipated that limited if any visitor traffic will enter or exit the funeral home parking from or to Candlewood given the.main entrance/exit is at Etiwanda. The funeral home facility will not include a'Prep Room',the traditional area where embalming and body dressing is performed. All body prep of the deceased will be performed at one of our"Central Prep'facilities which handle all of our embalming and body prep for our funeral and cemetery operations in the Inland Empire. The majority of body prep and dressing for this funeral home will occur at our prep facility located within Draper Mortuary at 811 North Mountain Ave., Ontario or as a back-up location at our prep center within Atcheson&Graham Mortuary at 7944 Magnolia Ave, Riverside. This funeral home at Etiwanda Ave.and Candlewood Street will not have a crematory. All cremations will be performed at our crematory located at Mt. View Mortuary&Cemetery at 570 East Highland Ave. San Bernardino, CA. Routine deliveries will be made via both Candlewood St.and Etiwanda. The delivery of the deceased to the funeral home will be by an enclosed van or funeral hearse directly to a roll-up delivery door located at the back of the building and unloaded inside the building. The loading and unloading door will be approximately 210 feet the centerline of Candlewood and approximately 250'from the nearest residential lot At the completion of a funeral services the casket will be loaded into the hearse under the cover of the pone cochere which is 175 feet from Candlewood and separated from residential lots by another commercially zoned lot. The deceased will arrive on the day of a visitation or funeral service or possibly the evening before if the funeral service will be performed in the morning. Potentially a deceased could be at the funeral for two nights in the event the family schedules two evenings of visitations and a funeral service the next day or if for scheduling requirement the funeral is set for two days after an evening visitations. In cases where the deceased is housed at the funeral home overnight the deceased will be embalmed. A motor escort will be present at the funeral home to lead a procession to the cemetery, as well as providing for traffic control on Etiwanda Ave. where the procession will exit directly onto Etiwanda traveling either North or South depending on the route to the cemetery. In the event, the family chooses not to have a motor escort to the cemetery,than a map to the cemetery will be provided and participants will proceed in advance to the cemetery. The hearse will then proceed without escort to the cemetery at the appropriate time to arrive at the scheduled grave side service. Clearly there will be no procession in the event the deceased is or has been a cremated. At the and of a funeral service the number of people and vehicles leaving the facility will be to that of a small neighborhood church after a Sunday service, lasting an average of five(5) minutes. Sincerely, Dann C. Narveson,Vice President SCI California Funeral Services, Inc. SCI MANAGEMENT L.P. 1929 ALLEN PARKWAY•P.O.BOX 130548 •HOUSTON,TX 77219-0548•(713) 525-7380• FAX (713) 525-3008 www.dignitymemotial.com EXHIBIT D Azs ��,- �� 1 I •• .. it r ••-• ••. III�I �IIIIIIIIIIII•�'�� Ih�,i�` .EG.6 eee2 - Il�I!!IIIIII�': 1111111 I 1 1 , ED I;;II 6D I i I ME. II Ni IIII-�1: IIN Im D aD — •1 -.1 – C – :s _IIl — -III €`,.. i III 11.1111111 Rr Ti 1. I um I E I'ial �r . 11111111111 '` c D 0 I „ lei I NiNiiii 1111MM 1111111116... � I ' I I (Iiilllllll 111'�il� !4i^iPii. 1 �tiel 01 .�_ Illllllnnll:�;� rll'�� lu -- �o „11111 IIII '`I • •�_ �'.II IIIIIIIIRi111O^$=;? 1 � .II.. Illllllllllll.:e ",II \.. 11111111111• I I 1 I 1 0 IIII III II II IIII TE II 1 I I I �111111 I :'•, II•., r . !.. !ie•I if':I II 1111111T .I 1. - - I 1. — I — I�ulolllll _III 'I — II — I n J z Z D m Q Z Q LL J � a U 0 0 a j i a W ) S W o N g•ea � o G f w & e e g A & B 21 T_ t P274 i¢zE Y€ '9a8 3j§ §fga gei <fi i§e r lilt to SSS u S u 5 e @ & �.. {sp9Eg l8 4�� Ppgpg3 Pi Oil 4eiat i.zi g @q @s3ti- aiQi =ge S Eq `�;ez 8� _ @{{g{ ae S 9� Q 8Y66 a it. vv R o y { S S�a�€ x7vS6 p��g� if fd s7 g= € @y' e e�a2i o= �sp`F ysyp F u iii " x3A� �+.e4 IQ{q��: sc(pe : s s e �i {3 6 aQ9:l° 4y9�t ig, -9g s ill IM, ny IN 43g it g c g i "s = i9 4e9G {E£ �} 6 g4 S �'� 3 o S 6 ° € g• �; ��' g �ig y e1 7�•s_PS 9li'll € '3 § 'tl� P{ It il@ § $ y{ it �svks t f U .�I {, ?�>i {Qi99� EE66 E C Q o � is'ss� @fggqQ°y9 4` J8 E N ou m K O w 1 = N s it Ali I I III LL o U LLLf Imo ' " �` p� lil II Ili o O _______________ ____ ___ _ _ _ __ ______ _ __ ._ __ _ __ _ __ _ _ _ __ _ _ O N - _ _ - - - _ - - - _ _ - _ 'C r 311N--------3 £ (D 56 y U E� F; O > Is '' 6 EXHIBIT F Ja A & B 16 � v,l;,,J- 111• M f Y�� `^l f 1 II M4i f TYL� 1 e o- 'F'bryv2f{ df I'�- r k t ,.+ f�y�i s'yr, = -. �.iL �v2 t` [ '.��P x 'Y'� t :'t' cs ��s 'C. yR>.�'"..� tr�� • - 11 w .Ir ° r 1 f: 1 1mil, t Y slim, k >U + oh, E �p1 b �a � 1,t�� i' �' .t��i.Y, Y,pil r Cy ..r^p^^•t y r+?dY tbo d�CRSrlg P C'•llaa-�` �Ij Z�M�3FE°.�rt= . ME n T �3 s. Z y Jt xj M t ff , NOM 0 P276 DESIGN REVIEW COMMENTS 7:00 p.m. Mike Smith March 20, 2012 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. - A request to construct and operate a funeral home that will not include a crematory, nor conduct embalming, with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (Note: The final area of the parcel is subject to the outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located near the southeast corner of Etiwanda Avenue and Candlewood Street - APN: 1100-031-07. Related file: Development Review DRC2011-01094D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2011-01094D - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. - A review of a proposed funeral home that will not include a crematory, nor conduct embalming, with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (Note: The final area of the parcel is subject to the outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located near the southeast comer of Etiwanda Avenue and Candlewood Street - APN: 1100-031-07. Related file: Conditional Use Permit DRC2011-01094. (Mike/Carlo) Background: Previously, on the subject parcel and the parcel to the south (APN: 1100-041-01) an office/retail development comprised of seven (7) buildings with a combined floor area of approximately 56,000 square feet was approved by the Planning Commission (Related file: Development Review DRC2004-00716). The approval of this development application expired on April 27, 2010. Site Characteristics: The project site is a vacant, irregularly shaped parcel of approximately 164,200 square feet (3.77 acres) located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street. As part of the proposal the applicant has submitted a lot line adjustment (related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line that separates the subject parcel and the.parcel to the south and reduce the land area of the project site (Exhibit A). Following the adjustment, the rectangular parcel will have an area of approximately 101,000 square feet (2.32 acres) with overall dimensions of approximately 350 feet (east to west) by approximately 307 feet (north to south). To the west, across Etiwanda Avenue, and north, across Candlewood Street, of the project site are single-family residences. To the east is the 1-15 Freeway. To the south of the project site, are two small buildings — a post office and an office, while immediately to the northwest of the project site is the historic Cour House. Neither the office buildings nor the Cour House are part of this project. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low-Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use (MU) District, Victoria Planned Community. The subject property is generally level with a southeasterly slope; the elevations at the northwest and southeast comers are approximately 1,265 feet and 1,255 feet, l respectively. J EXHIBIT G A & B160 P277 DRC ACTON AGENDA DRC2011-01094 AND DRC2011-01094D - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC March 20, 2012 Page 2 1 Design Parameters: The applicant proposes to construct a one-story funeral home of 6,911 square feet. The proposed funeral home will be located generally at the 'front' center of the project site and will comply with the development standards applicable to this zoning district as described in Sections 5.23.309 (Setbacks) and 5.24.304 (Etiwanda Avenue Overlay Setbacks) of the Etiwanda Specific Plan. Specifically, the proposed building will be setback from the property lines at Etiwanda Avenue and Candlewood Street by approximately 93 feet and approximately 127 feet, respectively. The proposed building will be approximately 59 feet from the south property line and approximately 195 feet from the re-aligned east property line (following the aforementioned lot line adjustment). The proposed building will be approximately 33 feet from the common property line that is shared'with the Cour House property. The architecture of the proposed building will be consistent with the general design requirements outlined in Section 5.42.600 of the Etiwanda Specific Plan. The proposed building will be designed in the California Bungalow style. Incorporated into the architecture will be traditional materials such as river rock, wood siding, and decorative details such as wood brackets and rafter tails at the roof eaves and decorative trim around the windows. All materials and details will be applied on all elevations of the building. The roofing will be composition shingle. The building will have a well articulated profile. At the front entrance on the west side of the building, there will be a prominent focal point featuring a 24-foot high entry portico with a low-pitched roof, decorative support columns, and a large paned window above it. On the north side, there will be a porte-cochere of 1,371 square feet. This feature will have a low-pitched roof and decorative support columns. At the south side of the building, there will be a patio with a lattice cover. Because of the raised roof over the attic, the roof line will be varied; a set of dormers will be included on this raised portion of the roof. Loading and unloading will be via a roll-up door at the east side of the building. All HVAC equipment will also be located at the east side of the building. The architecture of the building will be consistent with the design goals and policies of the Design Review Committee and Planning Commission including "360-degree architecture" and extensive use of high quality materials. . Furthermore, the architecture of the building will complement the single-family residences that front the street along Etiwanda Avenue and the historic Cour House. As the building will be plotted generally at the front center of the site, the majority of the parking will be located on the east side of the site, to the rear of the building. Two vehicle access driveways are proposed - a main driveway at Etiwanda Avenue and a secondary driveway at Candlewood Street. Landscaping will be provided throughout the parking lot and perimeter of the project site. At the east (rear) side of the project site, the applicant proposes to have a large area of approximately 65 feet (east to west) by approximately 240 feet (north to south), which will be landscaped and otherwise left undeveloped to allow for on-site retention of stone water and future expansion of the parking lot. Drive aisles will connect the subject site with the relatively undeveloped parcel (APN: 1100-041-01) to the south/east with the intent of allowing reciprocal access in the future. Another drive aisle will connect with the Cour House property with the intent of fulfilling the development plans of that property that were approved by the Planning Commission (Related file: Landmark Alteration Permit DRC2003-01046). Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major Issues: The following broad design issues will be the focus of Committee discussion regarding this project. None. A & B161 P278 DRC ACTON AGENDA DRC2011-01094 AND DRC2011-01094D - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC March 20, 2012 Page 3 Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues. 1. The decorative trim around the windows and doors shall be constructed of real wood and not foam. 2. The river rock veneer shall be constructed of real river rock as opposed to a synthetic or man-made veneer. 3. Incorporate 36-inch high stone walls or bermed landscaping along Candlewood Street frontage to screen the parking lot. 4. The trash enclosure shall be constructed per City standard and shall incorporate some of the materials used on the building including real river rock veneer. Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion. 1. All ground-mounted equipment and utility boxes, including transformers, back-flow devices, etc., shall be screened by a minimum of two rows of shrubs spaced a minimum of 18 inches on center. This equipment shall be painted forest green. 2. The Double-Detector Check (DDC) and Fire Department Connection (FDC) shall be screened with a 4-foot high decorative block wall, subject to the review and approval by the Planning Department and Fire Construction Services. 3. All doors shall match the color of the adjacent wall. 4. All signs are subject to the City's Sign Ordinance. Staff Recommendation: Staff recommends that the project be approved and forwarded to the Planning Commission for review and action. Design Review Committee Action: The Committee approved the project as presented subject to the Secondary and Policy Issues identified by staff. Members Present: Munoz, Wimberly, Granger Staff Planner: Mike Smith A & B162 P279 03/08/12 NEIGHBORHOOD MEETING SIGN-IN SHEET DRC2011-01094 DRC2011-01094D NAME ADDRESS PHONE. . 30 . . ._ M - ,_ - - - kac. Qnlrn.u.--__ yvoW.)-C Faomcs war ei,n.t.ti` Lfci I r. to tomtit, -tia .s.. ... :.. Pri- !G. G• ea,njO F � np 1444 a P P.G. On.snr fd6'c4 /2956 FyEi2y YET, R.C. -- Ant, ttJtt coral tauwahot O r — Awe n 9r Cc/ma In ,z 9E1 SPri• % //leun'iarn Dr J04 1 -54.11 (reft: e rd CAE, — - — race M44r/z /so36 kileacketit Oa, a • :■t—. _ • . . :r• 1i.. s!r4 � , C�L ��11r/�1�) �/�� 111 s ire �., i��'rt / �EM�� :,. ..r.^ 4 e Hafer.-, 12- 4 Cobs/rg , ,r.. , :. :�� 1 t tvAtm tn fta\ kepty 73 )V. VAA—nuts Pi, — --��-,, *L .C_• /Z-t) -cia at Ili+. i .1 BMW- maisIMIMMirti' Of VI- — PAGF� 1 f� 4 p� Inn 6 • D� laktke.-huaget Oa 46-WA °"it q: EXHIBIT H A & B 27 Lei Ma 1.141 V • • . . - 1 I 1 • . . - Offill •• N ME'+. L • i _ '. F- L • OW loop i s • i1�///Ilia / iYri. ��J►.' 1 J . 1 1 P281 03/08/12 NEIGHBORHOOD MEETING SIGN-IN SHEET DRC2011-01094 DRC2011-01094D NAME ADDRESS PHONE u �A "rrL 1522) 5244*ttr tv!�j �fto tl� s E Oeo o " d771-461,1dr4L '72Y 7;0.a aud*&tr bl.�, v4 ` P L, rGww:oO r ca 7 r-m Jon 7 t QOW M1 U& C . .0111- ` ' tQ-crrn — RQ. I C✓ 753 fi a P1 RA2, C 173 oar a/ a-0 Lt,t' 2. .—zt-- (%a - Czmo C 70 �i+M • .v�aosT IZV6 'Z/G 417j� z 1 4 r- t'.t'. 50 u7 12. u DR. & CA Y 3 PAGE;oMt>- w tsc� M�CLv�# r7g2.o 13U .k. Wa� , T(Tz-A q. {-73Aw Je5`3e Oft:Z 75 Z3 �`�n'�a.b..d wa.y , Pte,.,cw C�ca.rer,py CA-, 9173°I 733& sU f?f ►� C c ! gtz31 Gtf tstU� —Gjk 12-T�o n1aq CTi, Q+jat CucA,,., A & B29 Naw- c HdldhrrR� 1- t to y, CA //Aw1YA w��pp�t� CI- '9k-73 i 1� 1Lgf� Otr� 2c gi 73°t � 161u►�u - l2�bfe 4 t� v-�7= �C Ci iZ3� 7510 G''rQvAwI ;Pl RC, 9113 9 )(iC.'COQ1Pr YYl(}}�Ny/} -7544 C4ffik1i)g-42� VL Rc 4 1}3q EIEZ2c�ru f►'tG rV�(Jf -7540 C,1-4v-PPO P-f) PL, )cc 91-731 Hollis Barak .75V/ EXZ )OZ- RC 91739 slf„2l� vunw, 75�/ Xf>u2 P / l2C 9/739 Tf^Vi pw�lley X331 shcl�rp �o Rc kz 911n) � �7e6a a� �ai iJ en \�e�a 3 e -133 \ Vu.62d o'Al. L t,( _ {uS4�wA1JT �iKUH AHI flvq{ C�`-fvi c- Aa 2c 81-737 i i i i I s A & 830 � P283 MU 7HMR Architects AIA 221 main street suite i huntington beach california 92648 (714) 536.2009 fax (714) 536-3669 March 16, 2012 City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, Ca 91730 Attn: Mike Smith Re: DRC 2011-01094/01094D: Neighborhood meeting. Mike, I have attached the sign-in sheet for our neighborhood meeting that took place on March 8`h I will summarize the meeting. Brad Buller (Applicant's local representative), who acted as master of ceremonies for the meeting made the introduction of the project team. The project team consisted of Dann Narveson (Applicant's corporate representative), myself(Architect) and Glen Abercrombie (Applicant's local representative). Also in attendance was the Owner's traffic consultant. Dann Narveson spoke first and was interrupted within 5 minutes of his presentation by public opposition to the entire concept of a funeral home at the subject site. Brad Buller then proceeded to ask for specific questions from the public. The next 90 minutes consisted of more statements than questions and the general tone of the remainder of the meeting was that the public does not want a funeral home in this location. The meeting was then adjourned after no more public questions arose. The applicant was not able to present the project's operations, architecture, traffic or public improvements and was not asked any questions that related to any of these subjects directly. If you would like to discuss the meeting or have any questions about our project please contact me. Sincerely, HMR Architects IV� ___ William Reseigh EXHIBIT I A & B 31 P284 PROJECT DISCRIPTION The proposed project is a development of multi-use facility on a 4.9 acre parcel. The project is comprised of the construction of a funeral home on 2.32 acre.The funeral home shall have 168 seat chapel and a gross floor area of 6911 S.F. There is a future plan to construct an office building complex with a total gross floor area of 24,100 SF on 2.58 acre remainder parcel. The concept grading plan provided as exhibit 2 in this report shows separate full access driveways for each of the.proposed facility. Each facility has one driveway omEtiwanda Avenue and another on Candlewood Avenue. No common driveway for the.facRities is proposed .The drfvewayfor the office building complex at Etiwanda Avenue,will be located at the same location as an existing post office driveway. ANALYSIS METHODOLOGY The traffic anafys'ts:of trips generated:bythe 4.9 acre development is.done by determining the operating condition of the intersection of Etiwanda Avenue at Candfewood Avenue during the street am and pm peak hours forthe.following time frames/scenarios: • Existing year.2012 without Project traffic • Project.full development.in year 2013 with project traffic The analysis of the funeral home driveway.at Etiwanda Avenue driveway is performed with the chapel filled to capacity and without funeral.procession-The analysis.for 2013 project opening year condition assumesahatthe peak hour of generator corresponds to the street peak hour. The analysis of the funeral home escort procession traffic as it impacts thru traffic an Etiwanda.Avenue is:performed:using-data from.a model .facility at 124 S. Citrus Avenue, Covina,California:The estimated time of road closure atthe funeral home driveway, .is determined`by:prorating data from the.model on the proposed facility on the basis of the chapel capacity. Signalized intersection capacity software is used to determine possible queue on Etiwanda Avenue during the closure- The Transportation Research Board—Highway Capacity.Manual (HCM(,2000 Update, or most recent release is used for the operational analysis of intersection. Un-signalized intersections are analyzed using Chapter 17 of the Highway Capacity Manual. This study is also prepared consistent with 'Level of Service Definition &Procedures" below. Level of Service Definitions and Procedures Roadway operations and relationship between capacity and traffic volumes are generally expressed in terms of level of service (which is defined using the letter grades A through F).These levels recognize that while an absolute.limit exists as to the amount of traffic traveling through a given intersection (the 2 EXHIBIT J A & B174 P285 absolute capacity);the conditions that motorists experience rapidly deteriorate as traffic.approaches the absolute capacity. Under such conditions, congestion is experienced.There is general instability in the traffic flow,which means that relative small incidents (e.g., momentary engine stall) can cause considerable fluctuations in speeds and delays.This near-capacity situation is labeled Level of Service (LOS) 'E'. Beyond LOS E,capacity has been exceeded,and arriving traffic will exceed the ability of the intersection to accommodate it. Upstream queues will then form and continue to expand in length until demand again declines. A complete description of.the meaning of level of service can be found in the Highway Research Board.SpecafReport 209, Highway Capacity Manual.The manual establishes levels of service A through F. Table A provides brief descriptions of the six levels of service, as abstracted from the Manual. TABLE A-Level of Service Definitions LOS Description A No approach phase is fully utilized by traffic and.no-vehicles waits longerthan:one red indication.Typical ly;.the approach appears:quite open, turns are made easily and nearly all drivers find freedom of operation. 8 This.service level represents stable operation,where an occasional approach phase is fully utifized.anda substantial number are approaching.full use. Many drivers begin to-feel restricted.within platoons:of vehicles. C This level still represents stable operation conditions. Occasionally drivers may have to wait through more than one red signal indication,and backups may develop behind turning vehicles. Most.drivers fell somewhat restricted, but.not objectionably so. D This level encompasses a zone of increasing restriction approaching instability at the intersect ion. Delays to.approaching vehicles may be substantial during short.peaks periods; however, enough cycles with lower demand occur to permit periodic clearance of developing queues,thus preventing excessive backups. E Capacity occurs at the upper end of this service level. It represents the most vehicles any that any particular intersections approach can accommodate. Full utilization of every signal is seldom attained no matter how great the demand. 3 J A & B 175 P286 F This level describes forced flow operations at low speeds, where volumes exceed capacity. These conditions usually result from queues of vehicles backing up from a restriction downstream.Speeds-are reduced substantially and stoppages may occur for short or long periods of time due to the congestions. In the extreme case, both speed and volume can drop to zero. Table B shows the level of service criteria for un-signalized and signalized intersections. Table B—Level of service Criteria for unsignalized and Signalized!Intersections Level of Unsignalized Intersection Average Signalized Intersection Average.Daily Service Daily,;per:Vehicle)sec) per Vehicle(sec) A 510 < 10 B >10 and<_ 15 >16.ant1<20 C >15 and 525 >20arid5 35 D >25 and<_35 >35.and 5 55 E >35 and:5 50 > 55 and 5 80 F >50 >80 Level of Service Threshold Criteria Intersections under City of Rancho Cucamonga jurisdiction operating at LOS "E" or"F" are required to be mitigated to LOS "D"or better. EXISTING STUDY AREA CONDITION The project study area condition describes roads that may potentially be impacted by the project. 4 ___ A & B176 P287 Existing.Roadway Systems Regional access to the site is derived from Interstate 15 and 210.The closest freeway access ramps are located on Baseline Avenue to the north and Foothill.Blvd to the south. Major streets and highways in the immediate'site vicinity are Etiwanda.Avenue, classified 4-lane secondary highway with bike lane, and Church Street also a.Gty classified.secondary highway. Church Street is further classified as a functionally tertiary road in the City General plan. Etiwanda Avenue within the project limits is to be developed tothe general plan designation.The study intersection traffic control and lane configuration are provided in exhibit 3. Existing 2012 Traffic Volumes Existing.2012'turning movement counts a the study intersection was performed:on Tuesday January 31,2012.The count sheets are contained in Appendix A. Exhibit 4A and 4B provide the existing intersection.tuming movement volumes. PROJECT TRIP GENERATION Tables land 2 provide the trip generation.There is no land use category.for the Funeral Home use.of a commercial facility. Most funeral homes are also worship centers to provide religious services.The weekday peak:hour:traffic was therefore computed using the Institute of Transportation Engineers :(ITE),Trip:Generation(S`h Edition ).average rates for'Land.Use.560' (Church)to represent the funeral home land use..Land'Use 710(General Office Building) is used forthe office complex. In order tD determine the delay to traffic as a:result of temporary interruption of traffic to allow for funeral.procession,Custer Christiansen Mortuary in the-city of Covina was selected as a model site. A funeral .procession:event was videotaped.The videotape is provided as a.part ofthis report.Table 3, provides traffic data information generated from the model event. TRIP DISTRIBUTION&.ASSIGNMENT Trip distribution pattern for this.project traffic was developed to reflect existing traffic volume distribution at study intersection. Exhibits SA and 5B represent the trip distribution and assignments. FUTURE STUDY AREA CONDITION Future Etiwanda Avenue at the project frontage will be widened to provide a two lane north bound with two-way left turn median. Exhibits 6 provides the lane configuration and controls at the study intersection and analysis driveway. The future traffic volumes without the project were generated using an expansion factor of 2%yearly growth projected to year 2013. 5 _ A & B177 P288 APPROVED AND PENDING PROJECTS No project identified in the City of Rancho Cucamonga is pending with any significance to impact the study intersection during the time frames represented in this report. TRAFFIC ANALYSIS Appendix.B provides the operational analysis worksheets for the analysis scenarios discussed in the analysis methodology section of this report.Table 4, summarizes the analysis-results except for the result of the funeral procession traffic analysis. Contemporary operational analysis,provided on Table 4 show thatthe addition of project traffic will have insigmncant impact.on the study intersection and funeral driveway. The proration of data from the model facility to:the proposed funeral.home.facility-and.subsequent analysis, provides the following: • IT TOOK YMINS OF-ROAD CLOSURE AT THE MODEL LOCATION TO PASS 30 VEHICLES IN A PROCESSION AT THE LOCATION WITH 105 SEATS IN.THE CELAPEL AND 115 ATTENDEES. IT WILL THEREFORE TAPE A_pPROXMATELY )MINTS AND 44 SECS TO PASS 56 VEHICLES (USING 3 PERSONS PER VEHICLE AND 1,68 PERSON CHAPEL CAPACITY). USING SIGNALIZED INTERSECTION ANALYSIS TO SIMULATE THE ROAD CLOSURE FOR THE FUNERAL PROCESSION, THE MA aMUM NI LAMER OF QUEUED VEHICLES DURING THE PEAK HOURS IS.EXPECTED TO BE 18. TRAFFIC SAFETY'ISSUES . The.locations of the:prdject driveways are expected to comply with city.developmerrtstandards and general plan requirements. Candlewood Avenue is classified a.local residential Street. With new driveways on Candlewood, it is recommended that the road.be.provided a centerline striping within.the project frontage.The centerline will mitigate,potential presence of commercial type traffic and subsequent increase in ADT on the minor road. There is no sight distance issue between the new driveways and the existing traffic movements on Candlewood Avenue. CIRCULATION IMPROVEMENTS Provide centerline striping on Candlewood Avenue within the project frontage on Candlewood Avenue. 6 A & 6178 P289 SUMMARY&CONCLUSIONS This section of the report summarizes the report and provides a conclusion of the traffic analysis on the proposed funeral home project. 1. Traffic operational analysis is performed at the intersection of Etiwanda Avenue and Candlewood Avenue and at the driveway of the proposed funeral home on Etiwanda Avenue. 2. The analysis includes the examination of the study locations under the following scenarios: • Existing 2012 am and pm peak hour conditions,at the intersection of.Etiwanda Avenue and Candlewood.Street. • Future 2013 am:and pm peak.hour.conditions at the intersection of Etiwanda . Avenue.and:Candlewood 'Street and:at the proposed funeralihome driveway on Etiwanda.Avenue.This analysis assumes the absolutely worse conditionthatthe funeral home activities occur at.peak:hour. It also assumes that there is-no funeral,procession in this scenario. • The driveway condition during.funeral:procession during the am and pm peak hour. 3. In the project opening 201 3. the project traffic will insioificandyimpact.the study intersections.and.the funeral home driveway witliout.the funeral procession-activity: 4. It took.2 minutes of road closure at the model locatiomto pass 30.vehicles in a procession at a location with chapel capacity of 105 seats and 1:15 registered attendees in the funeral services. by proportions ity..it will:therefore take:approximately 3mms:and 44 seconds to Pass 56,vefiicles (using 3 persons per vehicle and 168 person.chapel<capacity) 5. using signalized intersection analysis to simulate:the road closure for the funeral procession, the maximum number of queued vehicles during the peak hours.is expected to be 18. 6. Aeenterline:striping on'Candlewood Avenue, within the project frUntage is recommended to mitieate.the impact of the presence of commercial traffic. P290 STAFF REPORT PLANNING DEPART\{E\T DATE: July 25, 2012 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: Jeffrey A. Bloom, Interim Planning Director BY: Mike Smith, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. - A request to construct and operate a funeral home (that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (Note: Final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located near the southeast comer of Etiwanda Avenue and Candlewood Street - APN: 1100-031-07. Related file: Development. Review DRC2011-01094D. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2011-01094D - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. - A review of a proposed funeral home (that will not include a crematory, a cemetery, nor conduct embalming)with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (Note: Final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan located near the southeast comer of Etiwanda Avenue and Candlewood Street - APN: 1100-031-07. Related file: Conditional Use Permit DRC2011-01094. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends approval of Conditional Use Permit DRC2011-01094 and Development Review DRC2011-01094D by adoption of the attached Resolutions of Approval with Conditions and issuance of a Mitigated Negative Declaration of environmental impacts. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: Site - Vacant— Office Professional (OP) District, Etiwanda Specific Plan North - Single-Family Residences — Low Medium (LM) Residential District, Etiwanda Specific Plan South - Office Buildings — Office Professional (OP) District, Etiwanda Specific Plan East - 1-15 Freeway West - Single-Family Residences — Mixed Use (MU) District, Victoria Planned Community B. General Plan Designations: Site - Office North - Low Medium Residential South - Office East - not applicable West - Mixed Use ATTACHMENT C Items A & B P291 PLANNING COMMISSION STAFF REPORT DRC2011-01094 AND DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 2 C. Site Characteristics: The project site is a vacant, irregularly-shaped parcel of approximately 164,200 square feet (3.77 acres) located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street (Exhibit B). As part of the proposal, the applicant has submitted a Lot Line Adjustment (Related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line (that separates the subject parcel and the parcel to the south and reduce the land area of the project site - see dashed line on Exhibit B). Following the adjustment the rectangular parcel will have an area of approximately 101,000 square feet (2.32 acres) with overall dimensions of approximately 350 feet (east to west) by approximately 307 feet (north to south). To the west across Etiwanda Avenue, and north across Candlewood Street of the project site, are single-family residences. To the east is the 1-15 Freeway. To the south of the project site are two small buildings - a post office and an office, while immediately to the northwest of the project site is the historic Cour House. Neither the office buildings, nor the Cour House are part of this project. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use (MU) District, Victoria Planned Community. The subject property is generally level with a southeasterly slope; the elevations at the northwest and southeast corners are approximately 1,265 feet and 1,255 feet, respectively. ANALYSIS: A. Background: On November 11, 2011, HMR Architects, on behalf of SCI (Service Corporation International) Funeral Service Inc., submitted Conditional Use Permit and Development Review applications for review by the City according to the procedures described in Section 17.04.030 and 17.06.010 of the Development Code. The Etiwanda Specific Plan (adopted in 1983) permits the operation of "mortuaries" in the Office Professional (OP) District provided that a Conditional Use Permit application for the use has been reviewed and approved by the Planning Commission. Similarly, the construction is permitted provided that a Development Review application for the building also has been reviewed and approved by the Planning Commission. Once deemed "Complete," the City is obligated by State law to process these applications. The applications were deemed "Complete" on February 13, 2012. Because the use is permitted with a Conditional Use Permit and construction is permitted with a Development Review, the City cannot decline to process these types of applications or make a decision on the applications without a review and action by the Planning Commission. B. General Land Use and Operating Characteristics: The applicant, SCI (Service Corporation International) Funeral Service Inc., proposes to construct and operate a one-story funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet (Exhibit D). The funeral home will provide services for the deceased and their families. Services offered will be limited to arrangement of services, wakes/visitations, and funerals. Pre-funeral services, such as the preparation of the deceased such as embalming and body dressing, and/or post-funeral services, such as cremation and/or burials, are not proposed. If there is a wake/visitation scheduled in the evening and a funeral service scheduled the following day, then the deceased will be stored temporarily on-site. The proposed operating- hours are between 8:00 a.m. to 5:00 p.m. (Monday through Friday) and between 10:00 a.m. to 4:00 p.m. (Saturday and Sunday). If an evening visitation is requested to occur prior to a funeral service A & B 2 P292 PLANNING COMMISSION STAFF REPORT DRC2011-01094 AND DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 3 that will occur the following day, the visitations will be conducted between 6:30 p.m. and 8:00 p.m. There will be up to four (4) employees (Exhibit L). The funeral home will be comprised of the following rooms (see also Exhibit F): Name of Room Floor Area SF Function Lobby 522.75 Initial gathering area and chapel overflow Reception 72 Receptionist Arrange 165 Funeral arrangements Manager/Arrange 165 Manager's office funeral arrangements as needed Staff 340 Administrative support clerical, accounting, etc. Hospitality 414 Gathering room during visitations Selection 370 Retail display area of caskets, urns, etc. Visitation 2 rooms 735 Viewing of the deceased Receiving 340 Delivery of the deceased Chapel 1,872 Memorial services Courtyard 417 Outdoor hos itali Miscellaneous Restrooms, utilities, storage, and hallways As noted previously, activities such as embalming, cremations, and/or burials will not occur on-site. Burials/interment will occur at cemetery locations chosen by the deceased and/or the family of the deceased. Embalming and cremations will occur off-site at specific locations identified by SCI Funeral Services, Inc. as follows (see also Exhibit L): Activity Location Draper Mortuary Embalming and 811 N. Mountain Avenue, Ontario Body Dressing Atcheson & Graham Mortuary 7944 Magnolia Avenue, Riverside Cremations Mt. View Mortuary and Cemetery 570 E. Highland Avenue, San Bernardino Funeral services and associated activities are anticipated to occur an average of three (3) times per week. The duration of a funeral service will vary. After the funeral service, if the family of the deceased chooses to do so, there will be an escorted funeral procession to the cemetery. According to a traffic impact analysis prepared by Albert Wilson & Associates on May 11, 2012 (Exhibit S), the typical duration time for an escorted procession to pass through a particular point, such as a street intersection, will be dependent on the number of vehicles in the procession. Assuming that there would be an average of three (3) persons per vehicle, with the seating capacity of the funeral home of 168 persons, this equates to fifty-six (56) vehicles (168/3 = 56). The traffic engineer estimates that it would take four (4) seconds per vehicle to pass a particular point. Therefore, it would take a procession of 56 vehicles approximately 3 minutes and 44 seconds to pass a particular point along the procession route. If there is no procession, then the use of the public streets will occur in a normal manner. C. General Design and Technical Characteristics: The proposed funeral home of 6,911 square feet will be located generally at the front center of the project site (Exhibit D) and will comply with the development standards applicable to this zoning district as described in A & B 3 P293 PLANNING COMMISSION STAFF REPORT DRC2011-01094 AND DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 4 Sections 5.23.309 (Setbacks) and 5.24.304 (Etiwanda Avenue Overlay Setbacks) of the Etiwanda Specific Plan. Specifically, the proposed building will be setback from the property lines at Etiwanda Avenue and Candlewood Street by approximately 93 feet and approximately 127 feet, respectively. The proposed building will be approximately 59 feet from the south property line and approximately 195 feet from the re-aligned east property line (following the aforementioned lot line adjustment). The proposed building will be approximately 33 feet from the common property line that is shared with the Cour House property. The architecture of the proposed building (Exhibit H) will be consistent with the general design requirements outlined in Section 5.42.600 of the Etiwanda Specific Plan. The proposed building will be designed in the California Bungalow style. Incorporated into the architecture will be traditional materials such as river rock and wood siding and decorative details such as wood brackets and rafter tails at the roof eaves and decorative trim around the windows. All materials and details will be applied on all elevations of the building. Roofing will be composition shingle. The building will have a well articulated profile. At the front entrance on the west side of the building, there will be a prominent focal point featuring a 24-foot high, entry portico with a low-pitched roof, decorative support columns, and a large paned window above it. On the north side, there will be a porte-cochere of 1,371 square feet. This feature will have a low- pitched roof and decorative support columns. At the south side of the building there will be a patio with lattice cover. Because of a raised roof over the attic, the roof line will be varied; a set of dormers will be included on this raised portion of the roof. Loading and unloading will be via a roll-up door at the east side of the building. All HVAC equipment will also be located at the east side of the building. The architecture of the building will be consistent with the design goals and policies of the Design Review Committee and Planning Commission including 360-degree architecture and extensive use of high-quality materials. Furthermore, the architecture of the building will complement the single-family residences that front the street along Etiwanda Avenue and the historic Cour House. As the building will be plotted generally at the front center of the site, the majority of the parking will be located on the east side of the site, to the rear of the building. Two vehicle access driveways are proposed - a main driveway at Etiwanda Avenue and a secondary driveway at Candlewood Street. Landscaping will be provided throughout the parking lot and perimeter of the project site (Exhibit E). At the east (rear) side of the project site, the applicant proposes to have a large area of approximately 65 feet (east to west) by approximately 240 feet (north to south) that will be landscaped and otherwise left undeveloped to allow for on-site retention of storm water. Drive aisles will connect the subject site with the relatively undeveloped parcel (APN: 1100-041-01) to the south/east with the intent of allowing reciprocal access in the future. Another drive aisle will connect with the Cour House property with the intent of fulfilling the development plans of that property that were approved by the Planning Commission (Related file: Landmark Alteration Permit DRC2003-01046). D. Floor/Area Analysis: Per Chapter 2, Figure LU-2, the maximum floor area ratio (FAR) in the Office land use category is 100 percent. The net area of the project site will be approximately 101,000 square feet (subject to the approval of Lot Line Adjustment SUBLLA#691). Following A & B 4 P294 PLANNING COMMISSION STAFF REPORT DRC2011-01094 AND DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 5 the completion of the funeral home, the building coverage (including the porte-cochere) will be 8,282 square feet. Therefore, the floor area ratio for this site will be 8.2 percent. E. Parking Calculations: The parking calculation for the funeral home is one (1) parking stall per 25 square feet of assembly room, e.g. chapel, or floor area per Section 17.12.040(B)(1)(1) of the Development Code. Type Floor Parking # of Spaces of Use Area Ratio Required #of Spaces Provided Funeral Home 6,911 n/a n/a Chapel 1,872 1/25 75 75 F. Design Review Committee: The project was reviewed by the Design Review Committee (Munoz, Wimberly, and Granger) on March 20, 2012 (Exhibit Q). The Committee reviewed the application and deemed it acceptable for forwarding to the Planning Commission for review and action. The Committee observed that the architecture of the funeral home incorporated the design features that convey the characteristics of the Etiwanda area and was consistent.with the design goals and policies of the Design Review Committee and Planning Commission including 360-degree architecture and extensive use of high-quality materials. The applicant agreed to complete or comply with the remaining design revisions identified in the Design Review Committee comments such as using real wood for the decorative trim around the windows and doors, using real river rock on the veneers, constructing a 36-inch high stone walls or bermed landscaping along Candlewood Street frontage to screen the parking lot. Incorporated into the Resolution of Approval are a set of special conditions stating that these remaining issues shall be addressed in the plans submitted for plan check. G. Grading and Technical Review Committees: The project was reviewed by the Grading and Technical Review Committees on March 20, 2012. Both Committees deemed it acceptable for forwarding to the Planning Commission for review and action. Staff has included in the Resolution of Approval each Committee's standard and special conditions. H. Neighborhood Meeting: On March 8, 2012, the applicant conducted a neighborhood meeting at Etiwanda Gardens Community Center, which is located at 7576 Etiwanda Avenue across the street and to the north of the project site. The representatives of the applicant who were in attendance were Mr. Dann Narveson and Mr. Glen Abercrombie of SCI, Inc.; Mr. Brad Buller; Mr. William Reseigh of HMR Architects; and Mr. Chidin Onumonu of Albert Wilson & Associates (traffic engineering consultant). Staff members in attendance were Mike Smith, Associate Planner, and Dan James, Senior Engineer. Although there are 105 individuals, not including duplicates, listed on the sign-in sheet (Exhibit M) there were at least 200 individuals in attendance based on a visual headcount conducted by the applicant's representative, Mr. Brad Buller. After approximately 10 minutes of the applicant presenting the proposal, those in attendance clearly indicated that they were opposed to the project. The regular presentation of the project was discontinued, and the remainder of the neighborhood meeting was devoted to receiving verbal comments from the A & B 5 P295 PLANNING COMMISSION STAFF REPORT DRC2011-01094 AND DRC2011-01094D —HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 . Page 6 attendees and fielding questions about the development process. The general comments from the public attending the meeting (and from mailed/e-mailed correspondence submitted to staff — Exhibit O) are summarized as follows with staff's response in italics; the applicant's summary of the meeting is attached (Exhibit N): 1. Neighborhood compatibility — the suitability of a funeral home in an area dominated by residential development. The Development Code and the Etiwanda Specific Plan, consistent with the City's General Plan, regulate where various uses including funeral homes can be located. Both documents identify various areas within the City that are suitable for commercial uses. The uses that are allowed are established based on the service of the use to the larger community of Rancho Cucamonga and the suitability of the use within the context of its location. Funeral homes are permitted with a Conditional Use Permit in the Office Professional (OP) District, Etiwanda Specific Plan (Exhibit R). There are no changes in the General Plan, development districvzoning, and/or Etiwanda Specific Plan that are required in order for this proposal to be considered. There are existing facilities such as churches that commonly provide funeral services in residential neighborhoods or in proximity to residential neighborhoods throughout the City. Although facilities that provide funeral services exclusively are not present in the City, it is expected that the proposed funeral home will operate in a similar manner as a similarly sized church would operate during a funeral service with similar associated characteristics such as funeral processions, large gatherings of people, and wakes/visitations. The proprietor of Etiwanda Gardens attended the neighborhood meeting (as the host) and at that time, he stated that funeral services are currently conducted at Etiwanda Gardens within the immediate neighborhood. Some of the other attendees acknowledged awareness of this fact. Some members of the public indicated they are not opposed to Etiwanda Gardens conducting funerals because that facility also serves as a setting for weddings, banquets, and other community gatherings, i.e. Etiwanda Gardens is not used exclusively for the purpose of funerals. 2. Limited public notification - some attendees stated that they did not receive a mailed notification about the neighborhood meeting and that awareness of the project occurred unofficially, i.e. heard through "word of mouth" or flyers produced by other property owners/residents. Existing State law requires notice of public hearings to all property owners within a radius of 300 feet from a property that is the subject of the hearing. Per City Council Ordinance No. 768 that was adopted on September 6, 2006, the radius for notification purposes for any project within the City that requires a public hearing is 660 feet (118 mile). Although a neighborhood meeting is not a public hearing, as it is an informal meeting conducted by the applicant, the applicant sent mailed notifications of the meeting to all property owners according to the requirements of this Ordinance. Furthermore, the applicant voluntarily included with the notification a copy of the letter submitted to the City that describes the project. In response to public comments, Staff increased the coverage of the mailed public hearing notifications to include all property owners in the area south of Base Line Road, east of Victoria Park Lane, north of Church A & B 6 • P296 PLANNING COMMISSION STAFF REPORT DRC2011-01094 AND DRC2011-01094D- HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 7 Street, and west of 1-15 Freeway. Also, all individuals who submitted comments to the City via e-mail received a copy of the public hearing notification via e-mail. 3. Cremations and embalming - objections against cremations and/or embalming at the funeral home, and concerns about the potential aesthetic and environmental impacts caused by cremations and embalming. The proposal does not include cremation and/or embalming services. Each room and its corresponding function have been identified on the Floor Plan. Cremations and/or embalming will not be possible within the funeral home as there is no available floor area specified in the building for either purpose including storage and/or the equipment. The applicant has not requested to perform these services and the draft Resolution of Approval prohibits them. In addition, per Development Code Amendment DRC2009- 00691 reviewed and approved by the Planning Commission on March 24, 2010, and Ordinance No. 830 adopted by the City Council on May 19 2010, crematoriums are only permitted in General Industrial (GI) District (Subarea 14) - this restriction is reflected in Table 17.30.030 of the current Development Code (Exhibit T). Per Section 17.108.070 of the updated Development Code, crematoriums will be required to be a minimum of 1,000 feet from any residentially zoned property(Exhibit U). 4. Previously approved development on the project site - some attendees stated that they were told that an office project was to be constructed at the project site. On April 27, 2005, the Planning Commission reviewed and approved a proposal to construct seven (7) buildings with a combined floor area of approximately 56,000 square feet that was to be comprised of retail and professional office uses (Related files: Development Review DRC2004-00716, Conditional Use Permit DRC2004-01094, and Tentative Tract Map SUBTT17096). This office project was to be constructed on two existing parcels - the parcel upon which the funeral home is proposed (APN: 1100-031-07) and the adjoining parcel to the south (APN: 1100-041-01) - with a combined area of approximately 207,000 square feet (4.76 acres) (Exhibit V). Precise grading plans were submitted to the City for plan check by the Building and Safety Department on September 29, 2005, and again on May 22, 2006. Building construction plans were submitted to the same department on November 15, 2005, and again on April 6, 2006. For reasons not known to the City, neither the precise grading nor the building construction plans were ever resubmitted in order to obtain approval which would have allowed grading and construction to commence. Approvals for both Development Review and Conditional Use Permit applications expire five (5) years after they are granted. As building permits were not issued and/or the land use did not commence, the approval for both the subject Development Review and the Conditional Use Permit expired on April 27, 2010. The approvals for tentative Tract/Parcel Maps expire three (3) years after they are granted. As the final tract map was not submitted for review and approval by the City Council and the applicant did not request any time extensions, the approval for the tentative tract map expired on April 27, 2008. A & B 7 P297 PLANNING COMMISSION STAFF REPORT DRC2011-01094 AND DRC2011-01094D - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 8 5. Traffic circulation - the timing of the processions, relationship of the processions with traffic, and the safety of drivers and pedestrians. If there is an escorted procession, the typical duration time for a procession to pass through a particular point, such as a street intersection, will be dependent on the number of vehicles in the procession. Based on the size of the chapel within the proposed funeral home, the applicant's traffic engineer estimates that the size of the procession would be fifty-six (56) vehicles. He estimates that it would take approximately 3 minutes and 44 seconds, or four (4) seconds per vehicle, for the procession to pass a particular point along the procession route. If there is no procession, then the use of the public streets will occur in a normal manner. Staff expects the characteristics of non-escorted traffic will be similar to the characteristics of the traffic that would occur following the end of religious services at, for example, a church. The most direct routes to any cemetery would be via Etiwanda Avenue north to Base Line Road or via Etiwanda Avenue south to Foothill Boulevard. The nearest schools to the project site are Perdew Elementary School approximately 775 feet to the southeast at 13051 Miller Avenue and Grapeland Elementary School approximately 2,400 feet to the north at 7180 Etiwanda Avenue. These schools start classes Monday through Friday at 8:15 a.m. (gates open at 7:50 a.m.) and end at 2:45 p.m., except on "minimum days" when classes end at 1:15 p.m. (Exhibit X). The traffic that will be generated by the funeral home is consistent with the traffic volume expected for these three streets and the level of service (LOS) of each street will not be significantly impacted. The intersections of Etiwanda Avenue with Base Line Road, Church Street/Miller Avenue, and Foothill Boulevard are controlled by traffic signals. Per the Engineering Department, the applicant will be required to widen Etiwanda Avenue where it adjoins the project site so that it will have two (2) northbound lanes. The construction of improvements along the east side of Etiwanda, including curb, gutter, and sidewalk, also will be required. There are already two (2) southbound lanes, and improvements, such as curb, gutter, and sidewalk, on the west side of the street. 6. Crime - the presence of the funeral home will lead to criminal activity, such as gang relations during services for individuals with gang affiliations, at the funeral home and/or during funeral services. Staff is not aware of an increase in criminal activity or criminal presence during comparable funeral services elsewhere in the City. As there are no funeral homes in the City, staff contacted the Police Departments of comparably-sized cities - Ontario, Pomona, and Fontana - for discussion of this matter. The crime analysts from each of these departments stated they have no record of any criminal activity that is specific to funeral homes in their respective cities. Instead, the criminal activity that did occur was low-level crimes such as vehicle burglaries and petty theft. These crimes can occur in a variety of commercial and residential environments and are not directly attributed, or limited to, funeral homes. A & B 8 P298 PLANNING COMMISSION STAFF REPORT DRC2011-01094 AND DRC2011-01094D - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 9 7. Impact on property values - the presence of the funeral home will cause a decrease in property values. It is difficult to assess the impact of a land use on property values as there are many variables. Staff recognizes that the property values have been impacted by the state of the economy and the housing market. In general, it can be expected that a specific land use/project will negatively affect property values if it causes, for example, significant air pollution; negative aesthetic impact; damage to biological habitat; loud noise and/or vibrations; or a substantial increase in traffic. The funeral home is not expected to have a substantial impact on property values because it will not have a significant impact on the above-stated elements. The proposed funeral home will not include a crematorium which could affect air quality. The building will incorporate design elements that will be consistent with the architecture of the homes in the neighborhood, lighting will be required to comply with the City's standards for overall height and luminosity, and there will not be a cemetery on-site which could cause visual distress. The project site does not contain biologically sensitive habitat nor will any existing trees be removed. Noise and vibrations are not typical characteristics of funeral homes. Lastly, traffic generated by this project is within the expected capacity of the surrounding streets. 8. Psychological effects - the presence of the funeral home will make homeowners and their families uncomfortable as it will be a constant reminder of death. Staff recognizes that a funeral home may make some individuals uncomfortable. This level of discomfort will vary from person to person. There is no means to measure this discomfort and no means to mitigate it. Staff can only analyze a project based on land use factors and design merits of the project. Etiwanda Gardens located immediately to the northwest of the project site and other facilities such as churches located throughout the City conduct funerals. There is no history of any concerns with the funeral operations of these other facilities in similar proximity to residential land uses. I. Land Use Compatibility: The project will be consistent with the development district of the site and the surrounding development districts. The funeral home will provide a service to the community. Staff does not expect any practical negative impacts. The Development Code specifies performance standards applicable to all commercial uses and locations that must be complied with. There are no identified conflicts with these development standards. In the event that there are any violations for these performance standards, the Code Enforcement Department can be contacted to correct the problem. If necessary, the matter may be brought to the attention of the Planning Director and/or Planning Commission for further review and action. J. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, Staff determined that, with the imposition of mitigation measures related to, for example, air quality (including greenhouse gases) and hydrology/water quality there would be no substantial evidence that the project would have a significant effect on the environment. Based on that A & B 9 P299 PLANNING COMMISSION STAFF REPORT DRC2011-01094 AND DRC2011-01094D—HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 10 determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Dailv Bulletin newspaper, the property was posted, and notices were mailed to a) all property owners within a 660-foot radius of the project site and b) all property owners who are not within 660 feet of the project but are in the area south of Base Line Road, east of Victoria Park Lane, north of Church Street, and west of 1-15 Freeway (Exhibit W). A total of 620 notices were mailed; this number does not include duplicate notices where the same individual or entity owned multiple properties in the above-noted notification area. Also, all individuals who submitted comments to the City via e-mail received a copy of the public notice via e-mail. All correspondence received prior to the final preparation of this Staff Report is attached (Exhibit O). A petition signed by individuals opposed to the proposed project is also attached (Exhibit P). Respectfully submitted, effre Interim Planning Director JAB:MS/ge Attachments: Exhibit A - Aerial Map Exhibit B - Location Map Exhibit C - Site Utilization Map/Overall Site Plan Exhibit D - Site Plan Exhibit E - Landscape Plan Exhibit F - Floor Plan Exhibit G - Roof Plan Exhibit H - Elevations Exhibit 1 - Building Sections Exhibit J - Grading Plan and Sections Exhibit K - Photometric Plan Exhibit L - Description of Operations (prepared by the Applicant) Exhibit M - Neighborhood Meeting Sign-In Sheet Exhibit N - Neighborhood Meeting Summary (prepared by the Applicant) Exhibit O - Correspondence from Property Owners Exhibit P - Petition from Property Owners Exhibit Q - Design Review Committee Action Comments Exhibit R - Development Code and Etiwanda Specific Plan Land Use Tables for Commercial/Office Districts Exhibit S - Traffic Impact Analysis (excerpt; prepared by Albert Wilson Associates) Exhibit T - Ordinance No. 830 Exhibit U - Section 17.108.070 of the Updated Development Code (draft) Exhibit V - Site Plan for Development Review DRC2004-00716 A & B 10 P300 PLANNING COMMISSION STAFF REPORT DRC2011-01094 AND DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 11 Exhibit W - Mailed Notification Map Exhibit X - Etiwanda School District Calendar for 2012-2013 Exhibit Y - Initial Study Parts 1 and 2 Draft Resolution of Approval for Conditional Use Permit DRC2011-01094 Draft Resolution of Approval for Development Review DRC2011-01094D A & B 11 luonclitionai Use Perrinit L-)RC2011 -01094 Development Review DRC2011 -01094[) P301 Bungalow Way Everymay Ct. -1Z W P ark, LU Candlewood St. i MRS -2 t p rqject Site ;-P 1 IBC t . ZN Yl, A,Z, I. EXHIBIT A A & B 1 "Ere., A � i P302 �! f I , s FWf ONi$ f + No b ..:......' Y Grunt« 't�. a 1 nON _ IN 14 42 a `Aj is�g� e.._•1' g£ �� ^ i € Pr{- � -_��- ?_ „� ( 1 1 Q �S, yi.. xa �IZt�a`wow".j -- .n ,w,wiwmigs '•,.,.'. 4 D1 vd ✓ .—e' I'_._ r I I•. N t•: wf 3J Lw� W �]kC wmn4 [EwxNLHAFFEY-ISLE 9I E .f iA "^ µnn•� �1 I Kat�a xn n HOUSE a..A 1 9 nI4 � m c It fgb . i a j e.. 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I. 1—. i _. _��.,__ - ,-?•m• `�--` I"� 3FlN3AV VONYMII3 '- ---1 EXHIBIT J 23 1,n-uo g eR mml xm Od MOH IYUNN MUM A N 0. 313 A~d�U61 SN011036 a p C) 1N3YQOVN" IDS U t d 6RIA J as diJ y is j3LE C) vi L) Ill V, 'ILL, T—r A 24 5 ❑ 1j P314 u o E. � .L i ilil U o° � r1 S ilii Co o S tl�,ii m l� _— � � 1a•t �itl OG i 1 i.l K iii# ° • f. 'rt TT nll; . lPl . _ . Fr - hI II fl k 1: 711 ul . . . . :. . ..jj . . . . . . . . . . . 'a2 ° I. .� . . . . Cam;: . . . . . . . s s 0 U =/�/U Yd. J EXHIBIT K A & B 25 P315 x January 23,2012 City of Rancho Cucamonga Department of Planning and Zoning 105DO Civic Center Drive Rancho Cucamonga, Ca 91730 RE: New Funeral Home at SE Corner of Etiwanda Ave. & Candlewood St. To Whom It May Concern: This letter serves as a narrative of day-to-day operations for the proposed funeral home as referenced in the application for a Conditional Use Permit. The proposed hours of operation are Monday-Friday 8:00am to 5:00pm with four(4)employees on staff and 10:00 am to 4:00pm on Saturday and Sunday with a reduce staff. During a funeral service there will be additional staff provided as needed based on the size and type of service. Services will be sporadic, with an anticipated maximum of three per week, and will generally occur between the hours of 10:30am and 4:00pm. Visitations,when requested, are usually held the evening prior to'a service from 6:30-8:00pm and typically have 30 persons in attendance at any given time during the visitation. It is anticipated that the Fire Dept. will have access to the site via Candlewood, future access to the historical house on the comer and access from Etiwanda. It is anticipated that limited if any visitor traffic will enter or exit the funeral home parking from or to Candlewood given the.main entrance/exit is at Etiwanda. The funeral home facility will not include a'Prep Room',the traditional area where embalming and body dressing is performed. All body prep of the deceased will be performed at one of our'Central Prep"facilities which handle all of our embalming and body prep for our funeral and cemetery operations in the Inland Empire. The majority of body prep and dressing for this funeral home will occur at our prep facility located within Draper Mortuary at 811 North Mountain Ave., Ontario or as a back-up location at our prep center within Atcheson&Graham Mortuary at 7944 Magnolia Ave, Riverside. This funeral home at Etiwanda Ave.and Candlewood Street will not have a crematory. All cremations will be performed at our crematory located at Mt View Mortuary& Cemetery at 570 East Highland Ave. San Bernardino, CA. Routine deliveries will be made via both Candlewood St.and Etiwanda. The delivery of the deceased to the funeral home will be by an enclosed van or funeral hearse directly to a roll-up delivery door located at the back of the building and unloaded inside the building. The loading and unloading door will be approximately 210 feet the centedine of Candlewood and approximately 250'from the nearest residential lot At the completion of a funeral services the casket will be loaded into the hearse under the cover of the Porte cochere which is 175 feet from Candlewood and separated from residential lots by another commercially zoned lot. The deceased will arrive on the day of a visitation or funeral service or possibly the evening before if the funeral service will be performed in the morning. Potentially a deceased could be at the funeral for two nights in the event the family schedules two evenings of visitations and a funeral service the next day or if for scheduling requirement the funeral is set for two days after an evening visitations. In cases where the deceased is housed at the funeral home overnight the deceased will be embalmed. A motor escort will be present at the funeral home to lead a procession to the cemetery, as well as providing for traffic control on Etiwanda Ave. where the procession will exit directly onto Etiwanda traveling either North or South depending on the route to the cemetery. In the event, the family chooses not to have a motor escort to the cemetery, than a map to the cemetery will be provided and participants will proceed in advance to the cemetery.The hearse will then proceed without escort to the cemetery at the appropriate time to arrive at the scheduled grave side service. Clearly there will be no procession in the event the deceased is or has been a cremated. At the end of a funeral service the number of people and vehicles leaving the facility will be to that of a small neighborhood church after a Sunday service, lasting an average of five (5) minutes. Sincerely, Dann C. Narveson,Vice President SCI California Funeral Services, Inc. SCI MANAGEMENT L.P. 1929 ALLEN PARKWAY•P.O.BOX 130548 •HOUSTON,TX 77219-0548•(713) 525-7380"FAX (713) 525-3008 www.di&mitymemofiat.com EXHIBIT L A P316 03/08/12 NEIGHBORHOOD MEETING SIGN-IN SHEET DRC2011-01094 DRC2011-01094D NAME ADDRESS PHONE. u . 30 As & rear tick tlAttrais---- i yVD"✓a-c P-Lo tEES '7¢d r Ern rmar Lf�/ /c%ta/.GSt_ cbrcws/4,s 79'4" sPe GA'f> ° 9'7" d P . J 11, - , !i; 17! 0 i4 yr " Lt Via' .. .. 2astrerto 1444 C.asSa . P 1.6. &ataxia ffldsreit /2916 SPECit Yes: Rec. GC AN, tatt 1-w.wtot D - /�f✓En St. G'erota I„ f: Pe/ Sprine! frlouattin br r,-.„ k Jew 1>ftI Crest eld et. -- j1ruce Ma r{'ut.t z 113031 41e2ck'oe (Jo t ■ ' s&C flaffsmui 12)3% Colvur4j i '1 sit k IL l. . _k . 4 . . 7 . I X161 . grY Lie4v ' 61 7 Es— �" 1 lath _ti hui l a-�193 8 bra +- PAGE 1 {� en� ] �"r4 :cq T.e}�,c 4,,.t ` 7 Ui6 &bars, en'- '( C"{ • EXHIBIT M A & 827 . - r r r • . iy �7L4r U bF lap EMIL 19 tr ► i .M M M IN _ , MA 1 r Mir rr i • � t P318 03/08/12 NEIGHBORHOOD MEETING SIGN-IN SHEET DRC2011-01094 DRC2011-01094D NAME ADDRESS PHONE eE 1 a �D Li-om 711 K I oz,Ly,-*lua G - 2 rpt� r d'7,—�6/JZ 76? ,,�,3.aDP,C- 06 C. /'.0 iii,ft " A^ s tJ '. rr er,:op ea 7 5'. Po r^/7 7 ! 4i!;d ef t P.fZ I L 12P C . .01173 2 I'f. 1 — R e. r C✓ 76.31 Evbtpa Pf R ,C. C441731 G; E � ele-97 l°i Joe E eaa 70/s Leo .+4 PAgl7g Lt,e' 2. G-ll_ r'Z - ��rno vJ� c " •�1^na r one c LA AN Z l G! 4&_50d !4=uT 12.0,5 w OR. &C CA 1,17 Pac ' a Llscn tu�CLv # '?u2b 6 � aw !rvat� , .0 C q { 73 JeGS-o OrV7_ 752.3 Zonga.lo,.i w.,-J , Ple.cwo C�cau.en8. CA-, 8175°1 1% 1. C eua�ttslkt 7338 �1 rl C c !�gl-c3� GifRtsiU�ffi' —G�J { �c r<1A- C�l, �f>xcxi�GpucAAvL A & B29 �(n�l0 wW-a 1 ACN-cX� 1 vi© l 17�4 t�4iS\ T-je A af, �C� C t-7 3 i g l �AG:A A..1 f2g{I 1 aAX" D�Y� i2c Jca g173°1 ►^i nw'"e'"4- iLl��ZrL . e,clI-M.1 A T7�osrelf -75/0 6r�w v-1 ?/. Rc� 9713 9 ft7OeAA- YnC++ffAI'if� -7540 C4f41vJfrOrW R Rc gi � 3q H-EZ.wru M4ff-C N (lh -7 o V'.?O Q-1) PL >°C 9t-73c7 PurCgR 75V/ �x6u,e PLj RC 9173 ! g �5�/ 2C 9/73y s#;P/e uiL f , Dt4 dvQy 9-331 5hc}y7p � a Rc c eMl 5he(6yD`- ij3v,RG (: �M) `1 D6,,* ►� J iJ en H4.a e Z3 S4c�� AL. �'t(, Q C _ q�13g _ -Hu ., HwANT sIW4H AHI 13.091 CAL-Otv c- A2 12:c '71137 i i I i I 1 i A & B30 P320 E D7HMR Architects AIA 221 main street suite i huntington beach california 92648 (714) 536-2009 fax (714) 536.3669 March 16, 2012 City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, Ca 91730 Attn: Mike Smith Re: DRC 2011-01094/01094D: Neighborhood meeting. Mike, I have attached the sign-in sheet for our neighborhood meeting that took place on March 8th I will summarize the meeting. Brad Buller (Applicant's local representative), who acted as master of ceremonies for the meeting made the introduction of the project team. The project team consisted of Dann Narveson (Applicant's corporate representative), myself(Architect) and Glen Abercrombie (Applicant's local representative). Also in attendance was the Owner's traffic consultant. Dann Narveson spoke first and was interrupted within 5 minutes of his presentation by public opposition to the entire concept of a funeral home at the subject site. Brad Buller then proceeded to ask for specific questions from the public. The next 90 minutes consisted of more statements than questions and the general tone of the remainder of the meeting was that the public does not want a funeral home in this location. The meeting was then adjourned after no more public questions arose. The applicant was not able to present the project's operations, architecture, traffic or public improvements and was not asked any questions that related to any of these subjects directly. If you would like to discuss the meeting or have any questions about our project please contact me. Sincerely, HMR Architects William Reseigh EXHIBIT N A & B 31 P321 Planning Department, City of Rancho Cucamonga Attention: Mike Smith P.O. Box 807 Rancho Cucamonea, CA 91729 ATTENTION RANCHO CUCAMONGA PLANNING COMMISSION: Buildine a FUNERAL HOME amongst historic homes. the historic Joseph Filippi Winery, the historic Barbara's Tea House, the banquet hall Etiwanda Gardens, upscale mall Victoria Gardens, and residential homes valued from 5500,000 to 1.5 million dollars will MORIFY and UPSET local businesses and home owners. Dear Mike Smith and fellow Rancho Cucamonea Planning Commission. Please do not allow a funeral home to be built in the this beautiful community (Southeast corner of Etiwanda Avenue and Candlewood Street - APN: 1 100-031-07). No other city in the world could combine historic homes, the historic Joseph Filippi Winery, the historic Barbara's Tea House, the banquet hall Etiwanda Gardens, upscale mall Victoria Gardens, and residential homes valued from $500,000 to 1.5 million dollars in one marvelous place. You have done a wonderful job of creating this city and you owe it to yourselves, the businesses, and the residents who have bought into your vision to protect what you have created. My family and I have invested in Rancho Cucamonga, twice in our lifetime. We would not live anywhere else in the Inland Empire, but this consideration of building a funeral home mortifies and upsets us! My family and I DO NOT WANT A FUNERAL HOME BUILT NEXT TO OUR HOME! Since hearing word of a funeral home being considered for development next to our home; my family has stopped all improvements on our home. There is no point investing or raising a family next to a funeral home. Likc every community with a funeral home, this community will become depressed and abandoned. The funeral home will likely do well because of the surrounding beautiful community; but the local businesses will undoubtedly suffer and deteriorate. I foresee the banquet hall Etiwanda Gardens (across the street) becoming the 2nd funeral home, if this one is allowed to be built. This funeral home is EXPLOITING our vulnerable and beautiful community during our city's difficult financial crisis. I urge you to defend the businesses and residents who have invested in your vision to create the most desirable community in the Inland Empire. Sincerely, Dr. Nelson Butay, D L-enh Phui, Hailey Butay (3 yrs), and Adam Butay (1 yr) , Rancho Cucamonga, CA 91739 EXHIBIT O A & B32 CITY OF RANCHO cuuktoNew2 JUL 162012 RECEIVED - PLANNING July 13, 2012 Planning Department City of Rancho Cucamonga P. O. Box 807 Rancho Cucamonga, CA 91729 RE: Permit DRC201 1-01 094 HMR ARCHITECTS FOR SCI FUNERAL SERVICE Dear Sir, My name is Charles Kao. I'm the home owner located at 12816 Crestficld, Rancho Cucamanga, CA 91739. About quarter mile from the said HMR site. I want to express my disappointment and strongly oppose against the proposed DRC2011-01094 HMR ARCHITECTS FOR SCI FUNERAL SERVICE Permit case. Since I'm travelling can can't attend the July 28,2012 public hearing. Please register my rejection vote. It's a bad environment violation in the residential area. My California driver license 1. Phone# is Please keep me posted on this event and let me know anything I can do to block this permit from passing. Also, please use this letter as my vote against it. Many Thanks, // Charles Kao Home Owner, Rancho Cucamonga, CA 91739 A & B 33 P323 Victoria Bloom, Ph.D. clinical Psychobgist License No.PSY14866 Newport Beach, CA 92663 ( Mr. Michael Smith MY OF RANCHO CUCAMONGA Rancho Cucamonga Planning Department 10500 Civic Center Drive JUL 1 .s 2012 Rancho Cucamonga, CA 91730 July 9, 2012 RECEIVED . PLA*,NG Dear Mr. Smith: I am writing on behalf of clients that I treat, regarding, as I understand it, a proposal to construct a funeral home in their neighborhood. I am treating my clients for issues revolving around grief and loss, and I believe the proposed facility, sited near their home so they encounter it on a daily basis, would be particularly disruptive to their states of mind and course of treatment. Severe psychological trauma can be devastating and last many years. Additionally, it is my opinion that the proposed facility could have a negative impact on any other resident dealing with any of a host of psychological problems including anxiety, depression, trauma, and grief. It should be noted that these are not uncommon psychological problems. I urge you to give consideration to my clients' situation, and identify alternative sites. Thank you for your time and attention. Sincerely, Victoria Bloom, Ph.D. A & B34 P324 LOSQUADRO City of Rancho Cucamonga Monday, July 9, 3012 Planning Commissioner Richard Fletcher PO Box 807 Rancho Cucamonga CA 91730 Re: SCI Funeral Home.planned for Etiwanda Ave. Mr. Fletcher, interest Sunday's Daily Bulletin quotes you as stating you "have not been approached with concerns about this project". Over 300 residents verbalized their concerns about the funeral home at the March meeting at Etiwanda Gardens. I was there. The SCI and City teams present were inundated with concerns from the residents. At one point, a resident asked a City representative if"you would like a funeral home in your neighborhood?" and the rude response of"I didn't buy property near a vacant lot served only to increase the opposition's rancor. The residents spoke vehemently against the use of the property for a funeral home. The only glimmer of hope was the willingness of one resident to help the SCI team locate a more suitable location. Many of us were hopeful that was an option under consideration. In addition to the property devaluation and the "haunting factor"as mentioned in the newspaper story, the opposition stated several other reasons the neighborhood objects to a funeral home: 1) The traffic during school days backs up the full t/2 mile below Baseline on Etiwanda every morning for an hour,and every afternoon for an hour,for dual-school drop-offs and pick-ups. 2) The already high traffic levels on the Etiwanda Corridor brings shoppers, diners and movie-goers to Victoria Gardens and Bass Pro Shop, which creates more than enough traffic and noise on this busy street. 3) The traffic on Etiwanda and surrounding streets will increase due to funeral visitations and processions. The processions will become a daily visual nuisance and traffic nightmare for the residents. 4) The noise from the 15 freeway is so loud and bothersome, that more noise from funeral home vehicles, guests and processions is unwarranted and punitive to this community. 5) 'It is incompatible to place a funeral home within t/z mile of the 604 Kindergarten through 5" grade students that attend Grapeland Elementary School on Etiwanda Avenue, 6) It is incompatible to place a funeral home within 1,000 6h, 7b, and 8th grade students attending Etiwanda Intermediate just North of Grapeland. 7) Edwanda Gardens provides luncheons, weddings and occasional funeral services. It seems their modest involvement in providing funeral services is unobtrusive, and not an issue for the neighbors. Further, the Gardens' ability to provide this service more than adequately handles the funeral needs of our neighborhood. A city-wide need can be met elsewhere. The intrusion of a funeral home and its related activities into this family-oriented community is an unnecessary detriment to the families living here. The tax-paying property owners of this neighborhood deserve the respect of the City. My community should not bear the burden of the Planning Commission's desire for a funeral home. Sincerely, a ua CITY OF RANCHO CUCAWWGA i cc: City Council Members JUL 11 2012 7441 HavenhurstAP�CB 35ancho Cucamonga CA 9 ED- PLANNING P325 untitled July 3 , 2012 Planning Department City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA, 91729 This letter is in response to the ,public hearing for a request to construct SCI Funeral Service . I .am-AGAINST to this proposal from the beginning.I live in the area across this proposed funeral home. our family home vallue is already greatly affected by the negative effect of bad economy and a bad housing market. Then you are are going to add this funeral home to this residentialarea. what would be left of us after many years . This funeral home wil_1 add to more reduction to the valueof our family home. what would happen also to the school close to it like the Grapeland Elementary which is rank # 1 in the state California. My child and all the other students effort will be gone to waste if you allow this f.home to be constructed in the said.The students will never forget this and it will have a negative effect on the way they study and the inspiration to be the best. Because people will give them a remark of a school near the funeral home. Even now my two other children doesn't like the idea of seeing the sign of a proposed SCI funeral home site whenever we passed by Etiwanda Ave. They said it is creepy and SAD. The church is different than a funeral home TOTALLY different if you think we are close to sacred Heart church. A church holds every function, wedding, baptism and funeral like happy and sad events but Funeral Home does sad events only and it will greatly affect the peaceful and happy community where my children will grow. so.a-.big "'NO".to this funeral home.They can go somewhere where they are far from a nice and quiet residential area where we live in. I am doing this letter to protect the future of my children and my family. ResRectfully yours, Mrs . Leonila He��rm s lla and family Rancho Cucamonga, CA, 91739 CITY OF RANCHO CUCAMOMA JUL 0 9 2012 RECEIVED - PLANNING Page 1 A & B36 i age, i ut: P326 Smith, Michael From: Sheila Hernandez( Sent: Thursday, July 05, 2012 2:39 PM To: Smith, Michael Subject: NO MORTUARY ON ETIWANDA! To Rancho Plannine Division To Michael Smith, Dear Mr. Smith; This letter is to inform you that I totally object to the project planned to put in a Funeral Home at Etiwanda Avenue next to the Post Office. After speaking to my neighbor about this who had spoken to you, she said you had instructed to write a letter to let you know how we feel about the proposed Funeral Home. WE OBJECT!Mfl NO FUNERAL HOME/MORTUARY ON ETIWANDA—HOW SICKENING! A plan for such a business is absolutely objectionable,unreasonable, illogical, and irritating beyond belief that this city will stop at nothing to allow yet another business and into a NEIGHBORHOOD WITH KIDS AND THE ADULTS WHO BOUGHT IN to experience even more traffic and of such an onerous foundation to be part of a family neighborhood! Who thought of this? Who there at your office would trade places with even one person this would affect? NO ONE that's who. The idea of tending to the dead is a horrific enough idea but to place in such an area is an outrage!!! I went to school, worked hard, and decided to move here with my family after much consideration from friends, real estate agents,talking to the local schools, and looking at the area in general. We moved with the boom, and thought we were "really" getting in to a nice, small-town community and feel in general to the immediate surrounding area. We attended a wedding at the Etiwanda Gardens, and have since been to memorials and funeral services there. That one comer area alone at Etiwanda Gardens leaves a feeling when driving by of the family and friends we have LOST, and whose services were held there in a really bad way. I CAN'T IMAGINE HAVING A FUNERAL HOME ON THE OTHER SIDE OF THE STREET! I CAN'T IMAGINE WHAT THIS WOULD DO TO THE ETIWANDA GARDENS WHEN HAVING A WEDDING OR TRYING TO COORDINATE ANYTHING AND DIRECTING THEM ACCORDING TO BEING `ACROSS THE STREET FROM THE FUNERAL HOME!" Oh my god--really? SICKENING. I don't want a double-sided psychological event going on when having to travel down Etiwanda Avenue. We moved here to be around other people, and even with the freeway 210 having opened and so many extra people we were told would never be here from all the extra living arrangements being made by this city in the form of too many apartments, condo's, and houses—the idea of having a home dedicated to dealing exclusively with the dead and services that go along with that being just feet or even a mile from my home, is psychologically damaging and too much to take or ask from any resident here. 7/10/2012 A & B 37 P327 You people are slimy, that you would try to sneak this in without everyone knowing about it! BECAUSE EVERYONE WHO DOES KNOW ABOUT IT DOESN'T WANT IT HERE! I can't even imagine what those living across the streets in the immediate vicinity would be forced to deal with in seeing the cars, hearses—traveling with the dead bodies inside not to mention the coroner vans, etc. How the hell did idea get this far? NO ONE has thought this through. NO ONE WANTS TO LIVE NEAR A CORONER/FUNERAL/MORTUARY OR CEMETERY FEEL— IN THEIR NEIGHBORHOOD! STOP THIS NOW!!! S. Hernandez , Etiwanda, CA 91739 7/10/2012 A & B 38 r HaO 1 W 4 P328 Smith, Michael From: Chris Downey [ Sent: Thursday, July 05, 2012 3:23 PM To: Smith, Michael Subject: re: NO mortuary on etiwanda and candlewood! Hi Michael. I AM DEEPLY OPPOSED TO MORTUARY PROJECT! SHAME ON YOU FOR NOT LETTING MORE PEOPLE KNOW ABOUT THIS--AS IT WILL AFFECT MANY, MANY, MANY MORE PEOPLE THAN THE FEW YOU NOTIFIED! IT WILL AFFECT THE ENTIRE AREA! IT WILL CHANGE HOW THIS AREA IS COMPLETELY AND WHO WANTS TO PASS THAT KIND OF CRAP BUSINESS BY ON THEIR WAY TO A DAY OUT AT THE MALL, TO THE POST OFFICE, TO SCHOOL WITH THEIR KIDS, OR ANYWHERE ELSE? GROSS. THIS BUSINESS HAS REAL AUDACITY IN TRYING TO SNEAK IN AN NOT TELL ANYONE ABOUT IT--SHAME ON ALL OF YOU,-YOU LIVE NEXT TO SOMETHING LIKE THIS! AND YES, WE ALL KNOW THIS KIND OF BUSINESS NEEDS TO EXIST--BUT FOR THE WORST PART OF LIFE--AND THEY NEED TO GO BE NEAR SOME OTHER CITY OR A CEMETERY--NOT A 'FREAKING NEIGHBORHOOD! I was told to email you so here it is. I put it together late last night and am very upset about this proposal. This is completely ludicrous to try to introduce this type of business into a neighborhood and outrageously insensitive. i don't know if you want it as an attachment or here in an email so I went ahead and cut and pasted It here...I was an am obviously VERY UPSET about this and was TO THE RANCHO CUCAMONGA CITY COUNCIL, Michael Smith and anyone else this involves... I COMPLETELY OBJECT TO THE MORTUARY PROPOSAL IN RANCHO CUCAMONGA ETIWANDA ON ETIWANDA AVENUE!!!! MY ENTIRE FAMILY OPPOSES THIS MORTUARY AND I AM GLAD WE CAME TO KNOW ABOUT IT BEFORE IT IS TOO LATE! (NOT THAT THIS CITY DID ANYTHING TO TRY TO BRING IT TO ANYONE'S ATTENTION IT HAD TO BEYOND THE TINY SECTION OF LAND WHEN IT WILL IN FACT RUIN THE LIVES, PROPERTY VALUES, AND AREA IN GENERAL WAY PAST THE NOTIFICATION AREA!!!) TO BE UP THIS LATE AT NIGHT HAVING TO CONSIDER THIS OBSCENE PLAN TO PUT A FUNERAL HOME AT THE AREA OF ETIWANDA AND CHURCH, LEAVES ME MORE THAN UPSET. I AM SO PISSED OFF HAVING TO DEAL WITH HOW UPSET MY WHOLE FAMILY IS AND NOW THEY SAY I HAVE TO SEND A LETTER TO TRY TO MAKE DIFFERENCE---WHICH I DONT MIND DOING UNDER CERTAIN CIRCUMSTANCES, BUT TO THINK OF THE "WHY- I HAVE TO BE DOING THIS IS MORE THAN UPSETTING! I WORK 14 HOUR DAYS AND HOPE MY CITY WILL KNOW HOW TO HANDLE ITS JOB WITHOUT FORCING ME TO BE PART OF IT---I DONT SEE THEM HAVING TO DO, INTERVENE, OR "HELP" ME DO MY JOB, BUT HERE I AM WITH THE REST OF THE COMMUNITY PROTESTING AND HAVING TO HELP THE CITY UNDERSTAND SOMETHING THEY SHOULD HAVE KNOWN FROM THE OUTSET--TO NOT PUT THIS B.S. BUSINESS IN THIS AREA---AND HERE I AM ON THE 4TH OF JULY WRITING THIS OUT SO YOU HAVE IT BY THURSDAY! AND WE DONT THINK FOR A MOMENT THAT THESE FUNERAL/MORTUARY PEOPLE DONT KNOW WHAT THEY ARE DOING IN TRYING TO INSERT THEMSELVES HERE INTO THIS COMMUNITY INTO A SINGLE-FAMILY NEIGHBORHOOD THE WAY THEY ARE---THAT ALONE IS DESPICABLE!!!!HHH THEY QUOTE THEMSELVES AS "COMPASSIONATE,- IF THAT WERE TRUE THEY WOULD NEVER TRY TO GET INTO AN AREA LIKE THIS. COMPASSIONATE, MY ASS, THESE MONEY MONGERS ARE HERE FOR ONE REASON ONLY—TO MAKE MONEY OFF THE PEOPLE OF THE ETIWANDA AREA OF RANCHO 7/10/2012 A & B 39 1 4"l. L Vl T P329 CUCAMONGA AND WE DON'T WANT THEM HERE. I USE ETIWANDA AVENUE ALL THE TIME TO VISIT MY FAMILY, GO TO THE POST OFFICE, GO TO THE MALL, GET TO THE FREEWAY, ETC. AS IT IS A MAINSTAY OF THE COMMUNITY, ALREADY.! EVERYONE TRAVELS ETIWANDA AVENUE INCLUDING THE SCHOOL KIDS AND THIS IDEA IS SO OBSCENE! KIDS...REALLY? HAVING TO SEE DEATH AND HEARSES AND CARS AND LIMO'S AND EVERYTHING ASSOCIATED WITH INCREASED TRAFFIC AND DECREASED SAFETY FOR THEM AS THEY TRAVEL ON FOOT TO AND BACK FROM SCHOOL??? AND PUTTING THE PARENTS IN THE SITUATION OF HAVING TO RIDE BY THIS ON A TWICE-DAILY RUN??? THIS IS NOT WHAT THEY SIGNED UP FOR WHEN THEY BOUGHT INTO THIS AREA---AND YOU KNOW Inn IN FACT, YOU COUNTED ON THEM COUNTING ON EXACTLY WHAT THEY BOUGHT INTO---A PRIVATE, SINGLE-FAMILY HOME NEIGHBORHOOD THEY COULD RAISE THEIR FAMILIES IN WITH ALL THE PERSONAL, SOCIAL, ECONOMICAL. CULTURAL AND WHATEVER OTHER VALUES THEY WOULD BRING WITH THEM. THAT RUNS PART AND PARCEL WITH SELLING A HOUSE---YOU ARE SELLING A LIFESTYLE—A STORY THEY CAN COUNT ON TO LIVE WITHIN. AND WHAT ABOUT THE DEVALUATION OF THE PROPERTY VALUES THAT WILL NEVER COME BACK AFTER PUTTING IN SUCH A DISCONCERTING, FREAKY, DARK, HAUNTING, NOBODY-WANTS-IT- HERE BUSINESS??? HAVE YOU EVEN THOUGHT ABOUT THAT? WE DON'T WANT IT AND HAVE EVERY RIGHT TO LIVE WITHOUT THE ENCUMBRANCE OF A BUSINESS LIKE THIS ACROSS THE STREET FROM ANY OF US! AGAIN—HAVING SOLD REAL ESTATE I UNDERSTAND HOW DEEPLY CONNECTED THE HOME BUYER IS TO THE ENTIRE PROCESS WHICH ENTAILS MANY QUESTIONS AND NECESSARY ANSWERS. AND EVERY ANSWER HAS MEANING TO SOMEONE DECIDING ON WHERE THEY WILL LIVE!!! AND AFTER THEY GET IN, SETTLE INTO THE HOME AND THE AREA—THE LAST THING THEY NEED TO DEAL WITH IS THINKING THEY DON'T WANT TO LIVE THERE, OR THINKING ABOUT HAVING TO MOVE OUT! AFTER MAKING SUCH A HUGE COMMITMENT—A COMMITMENT THEY EXPECT THE CITY TO RETURN AND ONE THE CITY NEEDS TO RETURN!!! BEING AT HOME SHOULD BRING WITH IT THE FEELING OF "HOME," —SAFETY, SECURITY, COMFORT, AND THE CONNECTION ONLY HOME CAN BRING. IT'S BEEN THAT WAY FOREVER AND IT WILL ALWAYS BE THIS BUSINESS IS INSTIGATORY IN NATURE, IS BAITING TO THE HEARTS OF THOSE IMMEDIATELY LIVING NEXT TO THAT LAND, IS INCOMPREHENSIBLY DISRESPECTFUL, IS SELFISH, UNDERMINING, AND THE CITY IS BULLYING THE RESIDENTS WHO SUPPORT IT. THIS BUSINESS GIVES NO COMFORT—ONLY PSYCHOLOGICAL DETRIMENT AND HAS NO BUSINESS BEING IN OUR NEIGHBORHOOD!!!! GET OUT!!!! I WORK HARD ALL DAY AND HAVE TO COME HOME AND TO DEAL WITH THIS. WHO IS IT THAT EVEN LET THIS PLAN GET THROUGH TO THIS STAGE? Did you really think we wouldn't care THAT YOU ARE ATTEMPTING TO CHANGE THE ENTIRE FEEL OF THE AREA MANY HOMEOWNERS SPENT T00 CLOSE TO A MILLION DOLLARS TO BUY INTO? YOU DONT PUT A MORTUARY OF ALL THINGS INTO A NEIGHBORHOOD---YOU ARE NOT THINKING HERE!!!! EVERYONE IN THIS AREA IS AND WOULD BE AFFECTED BY THE IDEA OF PUTTING SUCH AN INAPPROPRIATE BUSINESS IN A FAMILY RESIDENTIAL NEIGHBORHOODM I AM ALSO VERY SICKENED BY THE OBSCENE IDEA TO MAKE MONEY OFF DEATH IN THE MIDDLE OF SUCH A FAMILY-SINGLE-FAMILY-HOME NEIGHBORHOOD—FULL OF CHILDREN, SCHOOLS, FAMILIES JUST TRYING TO GET BY, WHO WERE ALL PROMISED IN THE PURCHASE THAT THIS AREA WOULD STAY COMPLETELY FAMILY ORIENTED IN ONLY PUTTING IN MORE HOMES—WHICH WAS WHAT RANCHO CUCAMONGA IS ALL ABOUT. NOW THEY ARE ABOUT MAKING MONEY NO MATTER WHAT. YOU CANNOT CHANGE AN ENTIRE AREA'S WAY OF LIFE AND MAKE THEM HAVE TO DEAL WITH 7/10/2012 A & B 40 I aac J VlY P330 SUCH A BUSINESS THAT HAS NO BUSINESS EVEN ASKING TO BE IN A FAMILY RESIDENTIAL NEIGHBORHOOD!!!!!!!! GO AWAY WE DON'T WANT YOU HERE!!!!!!!!!!!!! NOWHERE IN THIS AREA DO WE NEED TO FEEL THE PRESENCE OF A MORTUARY!!!! MYSELF AND MY FAMILY DO NOT WANT A FUNERAL HOME OF ANY KIND ANYWHERE NEAR THIS NEIGHBORHOOD. THIS IS A THOROUGHFARE TO THE VICTORIA GARDENS, SCHOOLS, CHURCH, BUSINESSES, THE POST OFFICE, ETC. IT IS COMPLETELY INCOHERENT THINKING TO PUT IN A BUSINESS THAT IS OF PURE DEATH AND THE LOSS OF A LOVED ONE ON A CONTINUOUS BASIS, EVERY SINGLE DAY, HAVING THE POTENTIAL FOR MULTIPLE SERVICES A DAY INTO A FAMILY NEIGHBORHOOD!!!!!!!! IT IS INCONCEIVABLE HOW YOU TRIED TO PUT THIS IN AND DIDN'T SAY ABSOLUTELY NO AT THE VERY OUTSET! HOW COULD YOU EVEN THINK TO ALLOW THIS KIND OF BUSINESS IN? ETIWANDA GARDENS IS BAD ENOUGH, BECAUSE THEY DO THOSE KIND OF SERVICES AND IT LEAVES A BAD FEELING ABOUT THE PROPERTY-ONE YOU DONT WANT TO GO BACK TO-LIKE HAVING TO GO TO A CEMETERY BECAUSE IT IS ALL ABOUT LEAVING SOMEONE YOU LOVE BEHIND AND EVERYTHING DEATH ENCOMPASSES. AND THIS NEW MORTUARY WOULD BE LIKE NO OTHER BUSINESS-NO OTHER BUSINESSEH DEATH IS DEATH AND LIFE IS LIFE AND NO ONE ALIVE WANTS TO BE AROUND DEATH AND WE DON'T HAVE TO BEHH WHOEVER ON THE CITY COUNCIL WHO THINKS THIS IS O.K., CAN PUT IT ACROSS THE STREET FROM THEIR HOUSE AS LONG AS THEY DONT LIVE ANYWHERE NEAR USHH HOW CAN YOU BE SO INSENSITIVE? OR THINK THIS WOULDN'T MATTER? HOW CAN YOU THINK TO DO THIS TO TAX-PAYING RESIDENTS YOU REPRESENT? HOW CAN YOU THINK TO PUT THIS NEXT TO FAMILIES? HOW CAN YOU THINK TO PUT THIS NEXT TO CHILDREN? HOW CAN YOU THINK TO PUT THIS NEXT TO SCHOOLS? HOW CAN YOU THINK TO PUT THIS IN FRONT OF PEOPLE ON A DAILY BASIS AND_FORCE THEM TO BE PUT IN TOUCH WITH THEIR MORTALITY JUST BY HAVING TO SEE IT EVERY SINGLE DAY FOR THE REST OF THE TIME THEY LIVE HERE? PEOPLE BOUGHT IN THIS AREA WERE PROMISED HOUSES ONLY IN THIS AREA!!!!! YOU CANT TO THIS TO US!!!!!!!! AND YOU OUGHT TO BE ASHAMED OF YOURSELVES!!!!!!!!!!!!!! THERE IS POTENTIAL FOR ENORMOUS TRAFFIC PROBLEMS DEPENDING ON HOW MANY FAMILY MEMBERS PER SERVICE AND HOW MANY SERVICES PER DAY! AND THAT IS ONLY THE BEGINNING. AND ONCE YOU LET IT IN YOU CANT TAKE IT BACK!!! STOP THIS NOW PLEASE!!HW! TO HAVE TO SEE HEARSES OF ALL THINGS, EVERY SINGLE DAY AT ANY GIVEN POINT IN A DAY IS REALLY BEYOND WORDS AND A DISGUSTING THING TO PUT IN FRONT OF PEOPLE-YOU CANNOT MAKE THE PEOPLE LIVING IN THIS AREA, WHERE PROPERTY VALUES WILL ABSOLUTELY DROP EVEN FURTHER BEING FORCED TO BE ACROSS THE STREET FROM DEATH ON A DAILY BASIS, EVERY DAY WATCHING HEARSES, LIMO'S, ANY OTHER VEHICLES FOR DEAD BODY CARRYING, AND MOURNING PEOPLE FILING IN AND OUT AS THEIR DAILY "NEW" WAY OF LIFE BEING FORCED UPON THEM BY THE CITY OF RANCHO CUCAMONGA IS JUST TOO SICKENING. JUST THINKING ABOUT THIS IS NAUSEATING AND ANXIETY PRODUCING! WE ARE ALREADY TAX-PAYING RESIDENTS-WHERE, IF WE 7/10/2012 A & B 41 r aac -r i -r P331 WOULD HAVE KNOWN THIS WAS EVEN A CONSIDERATION IN YOUR PLANS WOULD NEVER HAVE MOVED HERE. EVER!!!! THIS WAS FALSE ADVERTISING. A PLACE YOU CALL HOME IS SUPPOSED TO BE FREE OF ANY NEGATIVE, FEELINGS THAT WOULD LEAVE A HOMEOWNER NOT WANTING TO GO HOME-TO BE AFRAID OF GOING HOME BECAUSE OF THE INSENSITIVE BUSINESS OWNERS ACROSS THE STREET...HAVE YOU THOUGHT THAT IT MIGHT BE A VERY BAD DECISION TO PUT IN A BUSINESS LIKE THIS WITH SO MANY PEOPLE ---EVERYONE IN THE COMMUNITY---VOTING AGAINST IT??? THEY JUST MIGHT HAVE SOMETHING TO LOSE... YOU ARE DISGUSTING FOR EVEN ALLOWING THIS PROJECT TO GET THIS FAR! NO FUNERAL HOME IN ETIWANDA, RANCHO CUCAMONGA—STOP THIS NOW!!!!!!!!!!!!!!!!! Chris Downey, Rancho Cucamonga, CA 7/10/2012 A & B 42 P332 Smith, Michael From: ly downey[ Sent: Saturday, June 30, 2012 9:02 PM To: Smith, Michael Mr. Michael Smith,AND EVERYONE ELSE WHO NEEDS TO SEE THIS I EXTREMELY OPPOSE THE MORTUARY PROPOSAL AT ETIWANDA AND CANDLEWOOD AVENUES. Please stop this project immediately for the psychological sake of all the residents of Etiwanda who will be traumatized by this and it will extend deeply into the community FAR beyond just the streets of its existence. AND THE FUNERAL HOME COMPANY KNOWS THIS AND STILL DOESN'T CARE ABOUT THE COMMUNITY OF PEOPLE IT WILL HOLD IN ITS GRIP OF FEAR AND OVERWHELM AND BECAUSE THIS IS A BUSINESS LIKE NO OTHER---THIS CITY NEEDS TO STOP THIS PLAN IMMEDIATELY. THIS IS COMMON SENSE---NO ONE WANTS TO LIVE NEAR A MORTUARY AND IT IS PSYCHOLOGICALLY DETRIMENTAL TO THE COMMUNITY AS A WHOLE. There is nothing like a lifeless body. It can never come back and to those who lost it will define a moment they will never be the same from. It will define a moment they never want to relive and never want to be part of in all the arrangements that have to be made to take care of someone they love who now no longer breathes. It is completely traumatic and horrible and painful and everything that death brings to the door of the people it will,when it will. Some feel they can barely breathe at the thought of losing someone and some don't ever recover to how they were before. This cannot be underestimated or overlooked. The psychology of death is a study in itself and something you only want to think about when you have to and not a moment sooner. The torment left behind and the twisting pain, are things you can try• to run from but it holds you wherever you try to outrun it. And to be faced with death on a daily basis as a community at large is a petrifying thought. Nothing on television can prepare you for what you would see in real life and no one wants to think about the end of their own. I am in Cancer treatment and think about death more often than I would like and understand TOO fully the moments of life needing to be kept as just that—alive and without fear. I live on and off with my daughter constantly as my health needs in the Etiwanda area off the street of Etiwanda. I was with my daughter the other day when we discovered the sign with the word "funeral"in front of the word "home." We had never seen that before, though we travel this road often. It is the way we get to the Victoria Gardens mall and to the Post Office. It also sits across the street from where my Uncle's services were performed at Eriwanda Gardens, so even coming down that street is painful enough from just that memory alone, let alone the idea of what you have planned. And your sign hasn't been up for 7/2/2012 A & B 43 P333 7 months. Many of us have talked about that in the recent days and we remember there used to be a sign with some mention of what seemed to be an "alcohol permit" being sought last year? Now it will be unbearable. DO NOT ALLOW THIS HUGE MONEY-PROFIT-MAKING-COMPANY-TAKING-CARE-OF- DEAD-PEOPLE BUSINESS TO COME INTO THIS CITY INT THIS AREA—SOMEONE SHOULD BE ASHAMED OF THEMSELVES INCLUDING THE PEOPLE TRYING TO COME IN. I TRY TO NOT THINK ABOUT DEATH,BUT PUTTING IN SOMETHING LIKE THIS WOULD FLAVE ME THINKING ABOUT IT EVERY DAY JUST KNOWING IT WAS THERE IS TOO MUCH. I STARTED SHAKING WHEN I SAW IT. THIS IS VERY REAL AND YOU HAVE TO TAKE THIS INTO CONSIDERATION FIRST AND FOREMOST WHEN THINKING ABOUT THIS PROJECT---MY DAUGHTER AND SON-IN-LAW WERE PROMISED ONLY THE AREA TO BE SINGLE-FAMILY-RESIDENCES ONLY---I REMEMBER GOING WITH HER TO ALL THE HOMES IN THE AREA BEFORE DECIDING ON THE ONE SHE CHOSE AND IT WAS ALL EVERY REAL-ESTATE AGENT WOULD TALK ABOUT IN IT BEING A GREAT FAMILY ORIENTED COMMUNITY---NEVER EVER WAS THERE ANY TALK RE: ANYTHING OUTSIDE OF SINGLE-FAMILY HOMES,AND NOW YOU HAVE A TASTE OF A BIG-BUSINESS WANTING TO COME IN—A VERY HIGHLY PROFITABLE BUSINESS WHO IS ALREADY SHOWING THEY DONS'CARE ABOUT THE VERY PEOPLE THEY WOULD BE STEPPING ON. HOW SICKENING. I DON'T WANT TO DIE. NO ONE WANTS TO DIE. AND UNTIL WE HAVE TO WE DON'T WANT TO THINK ABOUT IT AND BE FACED WITH THE CARS AND TRAFFIC AND HEARSES—CARS YOU WILL ONLY SEE HAVING ONLY ONE PURPOSE—WHICH IS TO TRANSPORT DEAD PEOPLE—ON THE STREETS AS CASUAL TRAFFIC. THIS MORTUARY DOES NOT BELONG IN THIS AREA. THIS MORTUARY DOES NOT BELONG IN A RESIDENTIAL NEIGHBORHOOD. THIS AFFECTS MORE PEOPLE WHO DON'T EVEN KNOW ABOUT IT AND ANY PERMIT THAT ALLOWS YOU TO ONLY NOTIFY A CERTAIN PERIMETER DOESN'T MATTER BECAUSE EVERYONE PASSING ON ETIWANDA WILL BE AFFECTED. YOU DON'T WANT SCHOOL CHILDREN TO BE FORCED TO SEE THIS KIND OF THING ON A DAILY BASIS AND IT COULD BE A VERY DANGEROUS SITUATION WITH INCREASED TRAFFIC. KIDS AND PEOPLE OF ALL AGES DON'T HAVE GOOD FEELINGS ASSOCIATED WITH HEARSES,VANS,FUNERAL PROCESSIONS, ETC. BECAUSE THEY EXIST FOR ONLY ONE REASON—TO TRANSPORT A DEAD PERSON—AND THAT BUSINESS DOES NOT BELONG HERE IN THIS AREA AT ALL. BRINGING ONE'S MORTALITY TO THE FOREFRONT OF THEIR EVERY DAY LIFE IS EXCRUCIATING AND THE ABSOLUTE INSENSITIVITY THAT HAS BEEN ALLOWED FOR IT TO GET THIS FAR IS REPREHENSIBLE. 7/2/2012 A & B 44 rage � 01 w P334 MY DAUGHTER WHEN SHE WAS LITTLE UNDERSTOOD WHAT THOSE CARS MEANT BECAUSE OF HER GRANDFATHER'S PASSING AND SHE HAS BEEN AFFECTED BY THEM EVER SINCE. PEOPLE ARE PEOPLE AND LINE PEOPLE SHOULD NOT BE FORCED TO BE AROUND DEAD ONES AND MOURNING FAMILIES AS A WAY OF LIFE. SOMEONE HASN'T THOUGHT THIS THROUGH. THIS WILL BRING DOWN PROPERTY VALUES. THIS WILL UPSET THE COMMUNITY UNNECESSARILY AND DISRESPECT AND INSULT OUR CULTURAL AND OTHER VALUES. I DON'T WANT TO DIE,AND I DON'T WANT TO BE FACED WITH HAVING TO SEE "THAT" PART OF IT-IN FRONT OF ME ON A CONSTANT BASIS. THIS ISN'T RIGHT. THE ONLY PEOPLE WHO HAVE TO DEAL WITH DEATH IN THIS WAY DAILY DO SO BY CHOICE IN THEIR JOB OF WORKING FOR SUCH A COMPANY AND SHOULD KNOW BETTER THAN TO FORCE THEIR WAY OF LIFE ON INNOCENT NEIGHBORHOODS OF PEOPLE WHO BOUGHT HERE WITH THE PROMISE OF THERE BEING NOTHING FOR THEM TO WORRY ABOUT. NOW YOU ARE GIVING THEM SOMETHING TO WORRY ABOUT. LEAVE THAT PARCEL OF LAND TO ITS OWN. THIS IS WRONG FOR RANCHO CUCAMONGA. THIS WAS A WRONG IDEA FROM THE BEGINNING. I WANT YOU TO KNOW I HATE THIS AND HATED HAVING TO WRITE THIS LETTER BECAUSE OF WHAT IT BROUGHT UP IN ME TO HAVE TO DO IT. I AM IN A CANCER RESEARCH STUDY AT USC AND EVERY TIME I HAVE TO FOR MY CAT SCAN AND BLOOD WORK I AM TERRIFIED OF WHAT THEY WILL FIND. I DON'T WANT TO THINK ABOUT THIS EVERY DAY----HOW INSENSITIVE CAN YOU BE??? TO THE VERY CITIZENS WHO GIVE YOU YOUR JOB BY HAVING BOUGHT INTO THE CITY THAT EMPLOYS YOU ALL? WHAT ARE YOU THINKING? THIS IS A TERRIBLE IDEA. THIS IS WRONG BEYOND WORDS. AND I DON T CARE ABOUT THOSE WHO DON'T HAVE THE SAME SENSITIVITIES AS I DO—YOU ARE SUPPOSED TO CARE ABOUT YOUR RESIDENTS AND THIS IS A NO-BRAINER REALLY. YOU CAN'T PUT DEATH IN FRONT OF SO MANY---YOU ARE STEPPING ON MANY PEOPLE'S PERSONAL, CULTURAL,AND RELIGIOUS VALUES THEY WERE RAISED WITH LET ALONE THOSE WHO JUST DON'T WANT TO BE THAT CLOSE TO DEATH! IT IS EASY TO UNDERSTAND. THERE IS NOTHING LIKE DEATH. IT IS THE VERY END OF YOUR LIFE WITHOUT THE CHANCE TO COME BACK IT IS FOREVER,AND IT IS A HORRIBLE THOUGHT. 7/2/2012 A & B 45 Fage 4 of 4 P335 I AM MORE THAN UPSET BY THIS--WHAT KIND OF BUSINESS OWNERS COULD BE THIS INSENSITIVE TO AN ENTIRE AREA OF PEOPLE BY EVEN PUSHING TO GET A PROJECT LIKE THIS THROUGH WITHOUT EVEN A THOUGHT TO ALL THE RESIDENTS OF THE AREA THEY WOULD BE PUSHING THEMSELVES IN FRONT OF ON AN HOURLY AND DAILY BASIS WITHOUT CARE TO ANYONE HAVING TO WATCH FUNERAL PROCESSIONS AS THE "NEW'VIEW FROM THEIR PROPERTY, OR JUST DRIVING DOWN THE STREET? SCI THAT'S WHO!!! THIS IS SO SICKENING!!!!!!!!! THERE IS.NO CARING IN PROFITEERING AND I JUST NEVER SAW RANCHO CUCAMONGA AS A PLACE THAT WOULD ALLOW THIS TO HAPPEN. THESE PEOPLE MAKE ME SICK!!!! THIS IS SO BEYOND DISRESPECTFUL---EXPECT A FIGHT AGAINST THIS. STOP THIS PROJECT NOW!!!!!!!!!!!!!!!!!!!!!!!! HELP US MICHAEL!!! PLEASE HELP US NOW!!!!! L. Downey Etiwanda, CA 91739 A & B46 7/2/2012 Page 1 of 3 P336 Smith, Michael From: VANDM Angelo [ Sent: Saturday, June 30, 2012 6:50 PM To: Smith, Michael Subject: ETIWANDA MORTUARY ABSOLUTE OPPOSITION Mr. Michael Smith Sir, I work at Victoria Gardens and am very upset to know about this proposal to build a funeral home close to where I work. I AM SAYING I OPPOSE THIS ETIWANDA MORTUARY PROJECT COMPLETELY AS DOES MY ENTIRE FAMILY WHO WORKED VERY HARD TO MAKE A LIFE HERE NEVER TO HAVE TO COME ACROSS SOMETHING LIKE THIS. THIS IS AWFUL, PLEASE SIR. I come from a background in Los Angeles where gun-fighting and gang activity is the norm. When my parents divorced, my mom did everything she could to get us into a better area. We moved to Ontario first, and then to "older" Rancho Cucamonga before it was what it is today. I remember how grateful my sister and I were moving to a place we didn't have to be afraid of in the middle of nowhere, a .place we didn't have to hear the sirens coming to, a place where the coroner or mortuaries weren't being called out to come take who were our neighbors and friends, away in their van while we sat behind iron-barred, windows hoping the next bullet wouldn't take anyone inside our own house. There is a very distinct feeling being in that type of existence so close to death. It feel hopeless and scary. I have a very bad attachment to anything death, including police cars, hearses, the coroner, funerals in general, and I can't even watch the CSI type shows. I lived too much of what would be considered a crime scene to want to watch it on t.v. This brings to why I am writing to you. A very nice client of the shop that I work at, came in and told me she had seen a sign on her way to the mall that said they wanted to build a funeral home on the way to the mall. The first feeling I had was that I jumped back, like a smack to my stomach and memories. It reminded me of being at home off Vermont. I hadn't thought of that in a long 7/2/2012 A & B 47 Page 2 of') P337 time. The girl standing next to me heard part of what we were talking about and she jumped back too and her face went bad upset. We don't want this anywhere here. So many of us use Etiwanda Avenue to go to home and work and the post office as do so many of the clients in our stores here at Victoria Gardens, they come to shop with us using that street. I was surprised I did not see the sign myself to say what it did. I am used to seeing new homes signs that look just like that for so many years. My client who told me had also not ever seen it before and was very upset while she was in the store trying to shop. She said she was going to call and get information and then call me back. She did and gave me your information to tell you how I feel. I hope you care how I feel. I would care how you feel. I grew with the gangs who didn't care about how anyone felt. I don't want to feel that kind of loss of control over where I live again. As someone who works, shops, lives and does business in Rancho Cucamonga, who comes from the background I did, who come so far and works very close to where this new project is asking to be located, I can only PLEAD TO YOU IN MOTION NOT TO PUT IT IN. FOR ME PERSONALLY it will be like living the nightmares I had to live in Los Angeles, and for the rest of the people I cared about who I had to leave behind, no matter what it looks like, or what it calls itself, it will be there to deal with dead bodies and that being so close makes me feel nervous°and scared'andthat won't go away. , I don't like that feeling. I don't want to feel that feeling. I don't want this project at all being put in. YOU REALLY DON'T KNOW how many people you will be affecting by putting something like that in who would be forced to pass by it on their way to a day out, but after seeing it might feel different. YOU DON'T WANT RANCHO CUCAMONGA BEING ASSOCIATED WITH DEATH---YOU WANT IT TO BE CONNECTED TO THE VICTORIA GARDENS AND THE NICE HOMES AND THE NICE WAY OF LIFE—THE SAFE PLACE IT HAS BEEN AND WHAT MY FAMILY SEES RANCHO CUCAMONGA AS BEING AND THE OPPOSITE OF WHAT IT WOULD BE IF YOU LET THE MORTUARY IN. I don't want a mortuary a block away from where I work or near where I live it is sickening to me and brings up too much. Even though I tell my client I will write she does not know my story but now you do. I am 7/2/2012 A & B 48 ra�c � ui � P338 begging you on the life I was lucky enough to leave behind not to put me near death. It is scary and brings back very bad memories to me to know this project would even be considered for such a prominent area— it doesn't belong—it is dead people being mingled in with live people. That isn't right. Please don't. Death is not for the living neighborhoods. Death is a sadness you try to escape and stay away from. HELP US, PLEASE HELP US. Victor and Mary Angelo Please, this has really rattled my mom and other people I work with. Please help while you still can. This is awful, oh god, please help my family. 7/2/2012 A & B 49 Page 1 of 1 P339 Smith, Michael From: Christine Curless Sent: Friday, June 29, 2012 9:55 AM To: Smith, Michael Subject: Mortuary in Rancho Cucamonga My name is Christine Curtess and I am a resident and real estate agent in Rancho. Is this a god idea to have this structure at this location. What happened to the location on Basline in Old Rancho. I am appalled that something like this is taking place in the newer pat of Rancho. This is not a landmark and will stick out like a sore thumb. Sincerely, Christine Curtess 7/2/2012 A & B 50 P340 Smith, Michael From: • Gary D. Olson[ Sent Wednesday,June 27, 2012 1:51 PM To: Smith, Michael Subject: Mortuary Project on Etiwanda Ave Michael, I live and work in Rancho Cucamonga. My home is located just off Etiwanda Avenue at 12783 Rock Garden Court,and my business is located near Foothill and Rochester at 11830 Sebastian Way,Suite 101. I recently noticed a sign indicating that somebody wishes to locate a mortuary on Etiwanda Avenue in Rancho Cucamonga. I would.like to voice my strongest opposition to this. The area in question is almost 100%residential with three schools mixed in.A residential area is no place for such an operation.The very thought of placing a mortuary here is ludicrous and idiotic.I do not wish to debate zoning laws and regulations.This is where my family lives) I do not wish them to be forced to see an operation totally and completely associated with DEATH-the most frightening event of our lives. A mortuary would degrade quality of life for those of us forced to see It every day.Additionally, a mortuary would bring our property values down even more. In addition to my written opposition,I would like to state that I'm ready to do everything legally possible to oppose this project, and there are many others in the area who feel the same. My hope is that someone in Rancho Cucamonga's chain of approval(you, perhaps?)will be sensible and put a stop to this NOW,and start working to get the project moved to a more suitable location. • Sincerely, • Gary Olson Cell • Gary D. Olson Farmers Insurance Group, Agent A & B 51 7/10/2012 ra�c � uii P341 Smith, Michael From: Pam Hermosilla [ To: Smith, Michael Subject: That funeral home is a terrible idea. To Community Development: Isn't building a funeral home in a residential area just depressing and unattractive? I strongly disagree to the establishment of this, and I am sure many of the home owners and families in this area do too. Sincerely, A Rancho Resident 7/10/2012 A & B 52 P342 Smith, Michael From: yvonne flores [ Sent: Friday, March 30, 2012 2:20 PM To: Smith, Michael Subject: Proposed Funeral Home at Etiwanda & Candlewood, City of Rancho Cucamonga I attended the community meeting held at Etiwanda Gardens Community Center on March 8 and was very disturbed about the plans to build a mortuary so close to the residential dwellings. Why here??? Right now it is a nice and quiet neighborhood then we'll have all sorts of traffic congestion and the idea alone of a mortuary not even two blocks away just does not feel right to me. Please, please the City of Rancho Cucamonga has to deny their petition. We DO NOT want them in our neighborhood!!! Appreciate your advising me of any more meetings and/or gatherings at city hall so we can put in our two cents worth. Thanks. 7/10/2012 A & B 53 P343 Michael.Smithna cityofrc.us APR 0 4 2012 Dear Planning Department: RECEIVED - PLXNNING Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my. neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services w Raise *.he question of hearth risk (wheiher perceived or-factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. Sincerely, A & B54 P344 � Mike Smith & James Troyer City Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 CITY C3� �f�Cq � � Rancho Cucamonga, CA, 91730 Michael.Smith(a�cityofrc us APR 0 9 2012 Dear Planning Department: RECEIVED - PANING Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral .home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. Sincerely, A & B55 C P345 Smith, Michael From: Sent: Sunday, March 25, 2012 4:43 PM To: Smith, Michael; Troyer, James; Schrader, Lois; Gillison, John; Victorino, Valerie; Michael, Dennis Cc: neighborhoodfuneralhome @yahoo.com Subject: Conditional Use Permit DRC201 1-D1094 March 25,2012 Michael Smith Associate Planner 10500 Civic Center Drive Rancho Cucamonga, CA 91730 . RE: Proposed SCI Funeral Home in Residential Neighborhood (Candlewood/Etiwanda) Dear Mr. Smith et. al, I am sending you a formal complaint, not only about the proposed funeral home at a site that is bounded by residential homes and a school nearby, but also about the City's absence of concern for those living in the area. My fiance and I purchased a home that is 1100 feet from the planned site just two years ago. Even though the City may think that only homeowners within 660 feet are impacted by a funeral home and the traffic it generates, that is far from being the case. Candlewood is the street that I use to come home from work and I would be impacted by any such business that is placed on the property. It is also a route I take on the weekends as well. So, I consider myself to be very much affected by any funeral home that is placed in my neighborhood. The funeral home would also create an unsafe situation for our kids, as children walk along Etiwanda to and from school. Not to mention, there are usually kids in the area right across the street from the site. For these reasons, I attended the meeting on March 8th, 2012 that the City didn't notify me was taking place (although I had contacted you directly to ask about any meetings.You would think as the associate planner you would have taken that opportunity to tell me about the community meeting, but because I live over 660 feet away, I was not informed; despite the fact that I reached out to you and asked for information on any meetings addressing this proposal. For this reason, I am ever grateful to some of my concerned neighbors who put the word out and left flyers in the neighborhood telling us all about the meeting. This oversight by a City representative and SCI, created distrust from the onset; a feeling that was shared by many at the March 81h meeting. Several of the neighbors that are right across from the proposed site, didn't receive notices. How can such a large organization like SCf hire a company to communicate the meeting in this way? Or was it the City's responsibility to do so?You would think that SCI &the City of Rancho Cucamonga have the resources to do better. Certainly, if you use their logic, they've done this before and should be experts at it. Unless, you really didn't want the neighbors to show up and let you hear our unified voices. It also makes one think about how poorly SCI conducts business if this is its "standard protocol." With respect to trust, I have to relay to you, your fellow planning commission members, and City officials, that SCI is not a company that 1 would trust in my neighborhood or in any part of Rancho Cucamonga/Etiwanda. I don't care how badly they want a Rancho Cucamonga address as they stated in the meeting. Upon doing some research, I have found their business practices to be highly questionable. SCI has been under investigation for poor business management, unethical disturbance of human remains, unlawful practices involving embalmment, and negligence. There are cases either pending or settled (with a judgment against SCI) in several states 4/2/2012 A & B 56 P346 including California, Virginia, Texas (funeralgate), and Massachusetts, to name a few. In the case of a pending class action lawsuit in California, "the Plaintiffs have presented evidence sufficient for the case to proceed to trial, including internal notes from SCI showing that the company was aware that human remains were being thrown in mass graves in order to make new graves 'fit'."And this is a company that the City would like to have in our community??? I think not! I know that SCI's plans do not currently request any embalmment or preparation of bodies at the proposed site, but a company who bends the rules, violates the law, and basic rights of human decency can't be trusted in any capacity! Whether or not they own and operate the planned site or contract it out, they've shown that they are poor owners and managers of what they call "death care services." I want to make it very clear, that we are not ignorant about the type of people that come to funeral homes. Yes, there are the law-abiding citizens, but there are also gang members and unsavory people as well. My fiance is a police officer and.he has told me how as part of his job, he has gone to funerals to find out the identity of gang members. At times, rivals have shown up to settle a score when they knew that another gang was having a funeral for a member. This is not something we need or want in our community! As it is, the construction going on at Baseline and Shelby has drawn undesirables who have burglarized several homes in the area and broken into vehicles. Because of the economy, home values have dropped. Placing a funeral home in a neighborhood has been known to cause home values to drop 15% or more. We don't want our home values to decline even further. There are several homes for sale in the area, if you are in high favor of"funeral homes" in such close proximity to residences, come purchase a home here and see how you like having your children walk and play near a funeral parlor and then to add further insult, watch your home values take a dive. Our community IS NOT in favor of having a funeral parlor near our homes! Put a stop to this. A concerned voter and resident. Andrea Salgado cc: L. Dennis Michael, Mayor John Gillison, City Manager James Troyer, Planning Director Lois Schrader, Planning Commission Secretary Valerie Victorino 4/2/2012 A & B 57 Tajinder Kaur P347 March 21, 2012 Mike Smith & James Troyer CITY OF RANCHO CUCAMONGA City Planner City of Rancho Cucamonga MAR 2 7 2012 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 RECEIVED - PUMINr( � Michael.Smith(o)cityofrc.us Dear Planning Department: Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative_I beg`of you to not let this project move forward. Sincerely, A & B58 Bhupinder Jalota P348 CITY OF RANCHO CUCAMONGk March 21, 2012 MAR 2 6 2012 Mike Smith & James Troyer City Planner RECEIVED _ PLANNING of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a)cityofrc.us Dear Planning Department: Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. fhis funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes,that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. incerely, A & B59 �n� U C UY P349 Harisk,howdary March 22, 2012 CITY OF RANCHO CUCAMONGA Mike Smith & James Troyer City Planner City of Rancho Cucamonga MAR 2 6 2012 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 RECEIVED _ PLANNING Michael.Smith(a)cityofrc.us 61�S�3iVH Dear Planning Department: Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the.two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. Sincerely, (; A & B60 CITY OF RANCHO CUCAMMA P350 Ranch Cucamonga, CA 91739 RECEIVED r PLANNING Mike Smith & James Troyer !E City Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a)cityofrc.us Dear Planning Department: Re: File Numb . ape As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. A & B 61 CITY Gf RANCHO WCk A P351 F ;I Mike Smith & James Troyer DECEIVED - ICI.. ,WING City Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smithno cityofrc.us Dear Planning Department: Re: File Numbe . As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. A & B62 P352 Smith, Michael From: yvonne Flores [ Sent: Friday, March 30, 2012 2:20 PM To: Smith, Michael Subject: Proposed Funeral Home at Etiwanda & Candlewood, City of Rancho Cucamonga 1 attended the community meeting held at Etiwanda Gardens Community Center on March 8 and was very disturbed about the plans to build a mortuary so close to the residential dwellings. Why here??? Right now it is a nice and quiet neighborhood then we'll have all sorts of traffic congestion and the idea alone of a mortuary not even two blocks away just does not feel right to me. Please, please the City of Rancho Cucamonga has to deny their petition. We DO NOT want them in our neighborhood!!! Appreciate your advising me of any more meetings and/or gatherings at city hall so we can put in our two cents worth. Thanks. ��( 4/2/2012 A & B 63 P353 4M. -te- o r"- cL N V/ —beg _j�cLa —pp rc) ve -tkle e-r hvm e- plait . V-o L /rL MAR 1q 2 --- ----RECEIVED - PLANNING A & B 64 P354 March 15, 2012 City of Rancho Cucamonga Mike Smith Associate Planner 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: File No 0 } = 9 , SCI 9 ce In Fun c. Dear Mr. Smith, You are in a position today to have a significant impact on the quality of life for the resident of Rancho Cucamonga that live in the vicinity of the proposed site for a funeral home. This letter is to let you know that I am adamantly oppose to the proposal for SCI to build a funeral home on the corner of Etiwanda Ave and Candlewood Street. Having a funeral home so close to me will only remain me of death being a few steps way. That can cause one a lot of psychological discomfort There is also safety issue to consider with an increase in traffic flow. The site is situated between two elementary schools. What can and will happen when school lets out and there is a flow of traffic leaving the site. With the housing crises that have caused homes to depreciate by more than fifty percent, the funeral home will only further depreciate the value of the homes in the neighborhood. We have work very home to be able to purchase a home in the great city of Rancho Cucamonga. We enjoy living here and raising our son. That could change if you allow SCI to build their funeral home here. I urge you to strongly oppose the filing. In doing so you will help preserve the peace of mind of all those living in and around the neighborhood. I thank you for consideration in denying SCI proposal. Sincerely, CITY OF RANCHO CUCAMONGA — MAR 19 2012 RECEIVED - PLANNING A & B65 P355 AlONCaA March 13, 2012 �} f MAR 19 2012 Mike Smith & James Troyer RECEIVED - PLANNING City Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(c).citvofrc.us Dear Planning Department: Re: File Number 09 o^ -I As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: •` Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk(whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. . Sincerely, A & B66 P356 Smith, Michael From: IeeLukelidalin [ Sent: Sunday, March 18, 2012 6:56 PM To: Smith, Michael Subject: Objection on the Project for funeral home home Tt1�Q((. Q�� 01�V Dear Mike Smith: 1� I live in 12929 Quail Ct.Rancho Cucamonga. I am writing this letter to let you know that i don't agree on the idea for set up a funeral home at the corner of the community It will effect the value of the property which has been decreased so lot already.It will do no good for the kid cause the traffic will be increased. and also,this is the residential area,we don't like the idea for anv commercial at all. Thank you for your reconsideration.Please let us know if we have to vote any petition or the schedule for the,new hearing on the issue. regards, doom, 3/]9/2012 A & B 67 Smith, Michael P357 From: a Sent: un ay, Mar '2 1.2:18 PM To: Smith, Michael Subject: No funeral home at Etiwanda&Candlewood (ZQI • 414,114 0147f L I don' t want a funeral home built in my neighborhood. Sent from my Verizon Wireless B1ackBerry 1 A & 868 P358 Smith, Michael From: Sent: Saturday, March 17,2012 3:32 PM To: Smith, Michael Subject: NO Funeral Home! Against funeral home in Rancho File Number DRC2011-01094& 010 Attachments: I Funeral HomeStopSCLetter.doc Re: File Numb(41�� a na 4 Dear Mike/Planning Department: As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. Our area is residential area with excellent school district. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood. .: • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Please! Please! Please!!! WE BEG YOU.... Sincerely,, . our 3/19/2012 A & B 69 P359 March 16, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a7citvofrc.us Dear Planning Department: Re: File Num R _:D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: Increase traffic flow Potentially attract gang retaliation at rival gang member's.services Raise the question of health risk (whether perceived or factual) Irreparable further the depreciation in property value as much as 15% in some studies Change the tone and ambiance of the neighborhood Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B70 Paso A & B 71 Page 1 of 2 P361 Smith, Michael From: Jenifer Molineux [ Sent: Friday, March 16, 2012 5:34 PM To: Smith, Michael Subject: STOP SCI FUNERAL HOME Importance: High Date 3/16/2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith ancityofrc.us Dear Planning Department: Re: File Numb - As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Et[wanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance Cinterference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: Increase traffic flow Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15%u in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. 3/19/2012 A & B 72 P362 sinccrc�y, " A Local Resicicnt Remember not only to say the riggbt t6ingg in t6c right Place, but far more difficult still,to leave unsaid the wrong thing at the tempting moment" —E)cnjamin Franklin Logo-wshadow2 3/19/2012 A & B 73 P363 Smith, Michael From: hiufai yan [ Sent: Friday, March 16, 2012 4:07 PM To: Smith, Michael Subject: Proposal of Funeral Home next to U.S. Post Office at 7615 Etiwanda Avenue Mike Smith, Associate Planner Planning Department / Community Development, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 March 16, 2012 099 Proposal of Funeral Home next to U.S. Post Office at 7615 Etiwanda Avenue I am writing to oppose the above proposal. I am the resident and owner of 2 houses, 12815 Golden Leaf Drive and 13118 Gabay Court , both are within walking,-distance to the proposed site. I am very worry about the impact of the funeral home to my properties. Both properties are all my life savings and one of them is a rental property that plays a major part of my income. According to this article, '7 neighborhood threats to your home' s value' by Brian O'Connell of MainStreet (http://realestate.msn.com/7-neighborhood-threats-to-your-homes- value?gtl=35011&gt1=35012) , . . .certain commercial facilities nearby, such as a power plant or funeral home, can reduce the value of surrounding homes by as much as 15v I believe nobody will like to see their property value reduced and income decreased. I urge the City Planning Department to agree with me and my neighbors to oppose the . funeral home project at the aforementioned site. Thank you for your consideration and understanding, 1 A & B74 P364 T H E C I T Y O F RANCH0 C U C A M 0 N G A Memorandum TO: Mayor, and Members of the City Council City Manager John R. Gillison Assistant City Manager Linda Daniels / FROM: Donna Kendrena, Executive Assistant DATE: March 15, 2012 SUBJECT: FUNERAL HOME PROPOSAL / ETIWANDA AVENUE ' I received a call from residen 09-565-6431 who wanted to voice her APPROVAL of the proposed uneral Home on Etiwanda Avenue. She attended the meeting on March 8th and was appalled at the behavior of some of the attendees. She would have liked to have been able to hear the complete presentation, but because of the rude and disruptive behavior of several people that just wasn't possible. She added that the Funeral Home would be a great addition to the City citing that we do not have this convenience and she recently used the services of the same company in Upland and they handled everything perfectly. She repeated several times how disappointed she was with the meeting because of the "evil forces" in the room, and hopes the Council will consider the Funeral Home as a potential business in RC. Cc: James Troyer, City Planner' " CR OF RANCHO COCA BA MAR ; MIL) RECEIVED - PLAN- 'N7 A & B75 March 14, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Dear Planning Department: Re: File Mumb� �r As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • increase taffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the Question of health risk (whether perceived or factual) • irreparable further the depreciation in property value as much as 45% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely,/ � A & B76 Page 1 of' l COUNCIL E-MAIL P366 Distributed isiz. From: Wenjun Hang [ Sent: Friday, March 09, 2012 10:52 PM To: City Council Subject: Importance: High I am writing this letter to you in hope that you can support me and my neighbors say NO to the proposed Funeral Home at the corner of Etiwanda Ave and Candlewood St.l strongly oppose to this propose.A funeral home is not a good use of this land. I cannot imagine living so close to a funeral home.My family and my neighbors do not need a funeral home to remind us of death on a daily basis.We don't want to live in a depressed area. I understand that it may bring revenue to our city in the short run.However, this proposed development will negatively affect our city in the long run for the below reasons: *Lower Property Values —no one want to buy houses near a funeral home. *Higher Traffic Risk for Children -two schools located on the Etiwanda Ave *Possible Health/Mental Problems — uncomfortable feeling of having a funeral home neighbor *Worst Feng Shui —funeral home release negative energies (illness/death) to the neighborhood I love my neighborhood, and I am proud of being a resident of Rancho Cucamonga. I've talked to several neighbors.None of them agree with this propose. We need your help and supporl need you to protect us. Please vote NO to this proposed funeral home development. Thank you! Sincerely, Wenjun (Grace) Hang 3/12/2012 A & B 77 P367 March 11, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a)citvofrc.us Dear Planning Department: Re: File Numb As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by.the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B78 P368 Smith, Michael From: ken hong [ Sent: Tuesday, March 13, 2012 5:50 PM To: Smith, Michael Subject: Re: no to funeral home Ken Hong 7331 Shelby Place #35 Rancho Cucamonga, CA 91739 kenhongdc @yahoo.com March 12, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith ancityofrc.us Dear Planning Department: Re: File Numbe 9 As you are aware'°l!PFuneral Services nc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St, Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: 1. Increase traffic flow 2. Potentially attract gang retaliation at rival gang member's services 3. Raise the question of health risk (whether perceived or factual) 4. Irreparable further the depreciation in property value as much as 15% in some studies 5. Change the tone and ambiance of the neighborhood 6. Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would, not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, R A � From: "Smith, Michael" <Michael.Smith @cityofrc.us> To: ken hong <kenhongdc @yahoo.com> Sent: Tuesday, March 13, 2012 2:36 PM Subject: RE: no to funeral home 3/19/2012 A & B 79 P369 Rancho Cucamonga, CA 91739 March 11, 2012 CITY OF RANCHO CUCAMONU Mike Smith Associate Planner MAR 15 2012 City of Rancho Cucamonga r n/ p 10500 Civic Center Drive P.O. Box 807 RECEDED - PLANNING Rancho Cucamonga, CA, 91730 Michael,Smith(a)cityofrc.us Dear Planning Department: Re: File Numbe s As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of. his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services Raise the question of health risk (whether perceived or factual) Irreparably further the depreciation in property value as much as 15% in some studies Change the tone and ambiance of the neighborhood Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B80 P370 Rancho Cucamonga, CA 91739 !larch 11, 2012 CITY OF RANCHO CUCAMONGA Mike Smith Associate Planner MAR 15 2012 City of Rancho Cucamonga Rancho Civic Cucamonga,Drive P.O. Box 807 RECEIVED . PLANNING Rancho Cucamon a, CA, 91730 Michael.Smith(a)citvofrc.us Dear Planning Department: Re: File Numb As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of nis or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparably further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B 81 P371 Israel Garcia March 13, 2013 C1TY OF PANCHO CUCAMOKA Mike Smith, Associate Planner MAR 15 2012 City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 �� it/ Rancho Cucamonga, CA, 91730 IA C _ PLANNING Michael.Smith(abcityofrc.us Dear Planning Department: Re: File Numberb01D9 - sue.. As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B82 P372 (_aura Rocha Maez CITY OF RANCHO CUCAPdMA lancho Cucamonga, CA 91739 MAR 14 2012 March 13, 2012 RECEIVED r ®t �I_El9 NNING Mike Smith k Ind Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a)cityofrc.us Dear Planning Department: Re: File Numb b � 94a&. flD9 , As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of 'pis or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that andowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B83 P373 Ron Maez Rancho Cucamonga, CA 91739 March 13, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a)citvofrc.us Dear Planning Department: Re: FileftgWC 2U11�01D 0 As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B84 P374 Rancho Cucamonga, CA 91739 CITY OF RANCHO CUCAMONGA 1 March 2012 MAR 14 2012 Mike Smith Associate Planner RECEIVED - PLANNING City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(d.)cityofrc.us Dear Planning Department: Re: File Number owl, ?`.01C19 0�094Dm ^;; As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. -his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of As-or her land)' for me, and'the overwhelmingly majority of`my neighbors: This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely y_M Sun A & B85 P375 Araceli R. Hernandez CITY OF RANCHO CUCAMONGA Rancho Cucamonga, CA 91739 March 13, 2012 MAR 14 2012 Mike Smith Associate Planner RECEIVED - PLANNING City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael,Smith(a)cityofrc.us Dear Planning Department: Re: File NumberD4�9Az& D7094D°°> As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner, of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that, landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B86 race 1 01 1 P376 Smith, Michael From: Tim Truong [ Sent: Thursday, March 08, 2012 11:14 PM To: Smith, Michael Cc: neighborhoodfuneralhome @yahoo.com Subject: Re: Funural Home in our Neighborhood Wo "t, ofastf .01 Hi Mike, I attend the meeting this evening, my address at 7502 Bungalow Way, my phone number 909-684-7646. This funeral home IS NOT a good ft in our neighborhood. We DON'T want them in our neighborhood. This will create traffic congestion, kid scare to go out and play, my property value will drop big time. So please have this funeral home some where else and GET OUT OF OUR NEIGHBORHOOD. Best Regards, 3/13/2012 A & B 87 • P377 Smith, Michael From: Marquez,Alex [ To: Smith, Michael Cc: 'Pali Marquez' Subject: CSI Funeral Home Der2eq. Qf r . Olegt.+t) Michael, Judging from the reaction of the local residents last night in response to the development of the CSI funeral.home on Etiwanda, I wanted to also express our opposition to the development of this business. I don't feel my family and neighbors should be subjected to having this type business in our neighborhood. It will create traffic,bring in undesirables into our neighborhood,and create a somber feeling ih the area. It isn't a good "fit"for our neighborhood at all. • • Since we moved in to the area,I always envisioned having a park built there.It is a good spot, but of course since it is private land that would be a difficult task. Please let this notice serve as an opposition to this business being brought in to our neighborhood. If you have any questions, please call meat' . • Thank you • Yi Rancho Cucamonga,CA • This communication,together with any attachments or embedded links,is for the sole use of the intended recipientls)and may contain information that is confidential or legally protected.If you are not the intended recipient,you are hereby notified that any review,disclosure,copying,dissemination, distribution or use of this communication is strictly prohibited.If you have received this communication in error,please notify the sender immediately by return e-mail message and delete the original and all copies of the communication,along with any attachments or emoodded links,from your system. • • • • • • A & 8 88 3/13/2012 Page 1 of 1 P378 Smith, Michael From: edward kim Sent: Friday, March 09, 2012 10:30 AM To: Smith, Michael Subject: Opposition to the funeral home Etiwand and Candlewood p109q➢ Hello Michael, I am a concern resident that will be greatly affected by the proposed Funeral Home project at Etiwand and Candlewood. I am emailing you to voice my disagreement for the funeral home project at the Etiwand and Candlewood location. 1 The area of the proposed project is a established residential community. Funeral home will have great impact in home values (in dollars and desirableness). 2 There are 2 elementary schools within one mile from the projected lot. There is great deal of foot traffic from students in this area. 3 There will be increased/major traffic issues if the funeral home was to be placed in the location. 4 Major emotional and psychological hardships experienced by the residence near the funeral home. Please inform me of any up coming meeting so that I can actively participate in rejecting the proposed funeral home project. Thank you, 3/13/2012 A & B 89 P379 Friday, March 91h, 2012 Re: SCI Funeral Home TfC20I If •0110q4 , - (71 oa4T,,) To Whom It May Concern, This letter is to express my opposition on the proposed project (SCI Funeral Home at the corner of Etiwanda Ave and Candlewood St). I oppose this project for the following reasons: • The psychological discomfort of having a funeral home so close would be a continuous reminder of death which undermines the comfort sought in home ownership. • It would increase traffic flow. • Funeral processions interfering with me exiting.my neighborhood. • Funeral services could bring undesirable people into our neighborhood. • Fear of the Funeral Home implementing a Prep room in the future and the City approving it, • It would lower property values. • If I ever needed to sell my home (due to unforeseen circumstances) it would be more difficult to find a buyer because most people do not want to live near mortuaries. • If this project is approved l will consider selling my home if financially possible. .I will not live so close to a funeral home. If other neighbors do the same, it will affect the market values of our homes. Thank you for your time. 4 7467 Crawford PI A & B90 rage i o1 i P380 Smith, Michael From: WEIDE SHI [ Sent: Monday, March 12, 2012 9:05 AM To: Smith, Michael Subject: Please Stop SCI Funeral Home Dear Planning Department: Re: . i EN KtCt-516,01 19'4 �909�D`-1r` As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candiewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk(whether perceived or factual) Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Thank you! Sincerely, ,s 3/13/2012 A & B 91 P381 Smith, Michael From: Wenjun Hang [ Sent: Monday, March 12, 2012 10:34 AM To: Smith, Michael Subject: NO to Funeral Home Dear Planning Department: Re Ftilelo "(7A9�3E(t9 tt As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance Cinterference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Thank you! Sincerely, : ira>gara rF..Wyb 3/13/2012 A & B 92 Margot A. Mugica P382 Rancho Cucamonga, Ca. 91739 March 11, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(c)cityofrc.us Dear Planning Department: Re: As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a ontinuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, nrs ilea A & B93 2 s . ,,, , ' P383 • • Smith, Michael From: Sent: Monday, March 12, 2012 1:44 PM To: Smith, Michael t Subject: Re; SCI Funeral Home (111(.0104, • oIDrr4p City of Rancho Cucamonga Planning Dept. 10500 Civic Center Drive Rancho Cucamonga, CA 91730 To the city planning department; We strongly and completely oppose the building of the SCI Funeral Home at the proposed site on Etiwanda Ave. in the city of Rancho Cucamonga. The psychological discomfort of a funeral home in this neighborhood would be a constant reminder of death. The influx of traffic,the lower property values, the likelihood of a gang element being introduced into this area due to this business are all valid reasons to oppose this project. • The law recognizes that landowners have the right to the unimpaired condition of the property and the right to reasonable comfort, this business would create so many unreasonable issues.The purpose of a funeral home in this area is absolutely unnecessary due to the fact that directly across the street from the proposed site is Etiwanda Gardens -a multiple use facility that would include funerals. • Had we have been informed of such a project,we would have never purchased a home in this vicinity. We feel it is unreasonable for the city of Ranch Cucamonga to even consider this project. The city of Rancho Cucamonga must update its zoning laws(last updated in 1983)and take into consideration there now exist family neighborhoods, a strong community bound together, where there was once nothing but vacant land. • • Etiwanda, CA 91739 • • A 3/1312012 rage 1 of 1 P384 Smith, Michael From: Jessika Sent: Monday, March 12, 2012 5:27 PM To: Smith, Michael Subject: Re: Form Letter To Stop SCI Funeral Home w2m. r • Q1Oltr�> 12790 Golden Lef Dr. Rancho Cucamonga, Ca 91739 Smava(a),s emprau tiliti e s.com 3/11/2012 Mike Smith Associate Planner - City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smithe.ci , ofrc.us Dear Planning Department: Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: Inerense traffic flow Potentiallv attract gang retaliation at rival gang member's services Raise the question of health risk (whether perceived or factual) Irreparable further the depreciation in property value as much as 15% in some studies Change the tone and ambiance of the neighborhood Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. 3/13/2012 A & B 95 P385 Sincerely, 3/13/2012 A & B 96 Page 1 of 2 P386 Smith, Michael From: Jesse Ortiz[ Sent: Monday, March 12, 2012 7:45 PM To: Smith, Michael Subject: Re: proposed development D Qml • 01 DTI{ , •QI ➢ Mike, i would like to write on behalf of the proposed development of a single story funeral home that is proposed just behind my property. I recently attended the neighborhood meeting and was not surprised by the outcome of my neighbors. many of my concerns were brought up in this meeting such as the reduced price value of my house.. after doing some math i found that my house value could drop a potential $80,000. I also noticed that this could cause a larger amount of traffic in the neighborhood. my main concern is the safety of my children, i do not feel safe having my children play outside next to such a type of facility. i along with many others believe that this just is not the place to build a funeral home. i will not allow it to be built and am prepared for whatever must be done to stop it. i do apologize for any inconvenience this may cause you but i must look out for the psychological impact this may have on my children and family as a father all i want is the best for my kids. sincerely, From: "Smith, Michael" <Michael.Smith @cityofrc.us> To:jesse_ortiz420 @yahoo.com Cc: "Henderson, Larry"<Larry.Henderson @cityofrc.us>; "Victorino, Valerie" <Valerie.Victorino @ cityofrc.us> Sent: Tuesday, January 17, 2012 8:49 AM Subject: RE: proposed development Hello, Julio I have received your correspondence regarding the proposed funeral home, Conditional Use Permit DRC2011- 01094 and Development Review DRC2011-01094D. At this time, the project is currently being reviewed by the City and no public hearing has been scheduled. I will incorporate your e-mail as an exhibit in the Staff Report that will be presented to the Planning Commission as part of their review of the proposal. When the project is scheduled for a public hearing, you will receive a notice of the public hearing in the mail if your property is within 660 feet of the project site. Also, there will be a notice posted on the two signs that have been erected on the property and a notice will be printed in the local newspaper. The meetings are held on the 2nd and 4th Wednesdays of the month at 7:00pm at the City Council Chambers. In the meantime, you can always contact me periodically to determine the status of the application. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4317 michael.smith@cityofrc.us From: Victorino, Valerie On Behalf Of Planning, City Sent: Tuesday, January 17, 2012 6:56 AM To: Smith, Michael Cc: Henderson, Larry 3/13/2012 A & B 97 C ag c G u l . P387 Subject: FW: proposed development • Please assist. Valerie Victorian, CAP-OM Secretary Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4327 (909)477-2847 fax valerie.victorino(o7citvofrc.0 s • From: Jesse Ortiz [ Sent: Monday, January 16, 2012 5:13 PM To: Planning, City Subject: proposed development • To whom it may concern, my name is Julio Aguero I recently contacted someone in regards to my concerns about the proposed development of a single'story funeral home that is to be built just next to my house. My concerns are that this development will cause heavy traffic near my home witch is located in a residential community. i am new to the area and love the price value of the area. A huge concern of mine would be the value of my house to be lowered because of this facility. also i do not like the fact of raising my two children next to a facility that stores dead bodies i Was asked from the person i talked too to write a letter regarding my concerns i would greatly appreciate it if you could please give me a call back thank you, -Julio Aguero • A & B 98 3/13/2012 rage i or P388 Smith, Michael From: Adela Luna Sent: Tuesday, March 13, 2012 7:43 AM To: Smith Michael Subj 7531 Exbury Place Rancho Cucamonga. CA. 91739 (adelama64(a)hotmail.com) March 12, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Dear Planning Department: Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to ourneighborhood. It would: Increase traffic flow Potentially attract gang retaliation at rival gang member's services 3/13/2012 A & B 99 P389 Raise the question of health risk (whether perceived or factual) Irreparable further the depreciation in property value as much as 15% in some studies Change the tone and ambiance of the neighborhood Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, Sent from my iPhone 3/13/2012 A & B100 P390 Smith, Michael From: denise arkle Sent: Tuesday, March 13, 2012 8:16 AM To: Smith, Michael Subject: Funeral home Attachments: ATT00001.txt T*C4eu• 0109¢ , • QIO24t) Mr. Smith, I live on Crawford street near where the funeral home is going up and I would not want that to happen. I do not want my home down down in value anymore then it has and would love to see something more positive go there. Park, restaurant, strip mall, anything else!! I have researched and heard a lot about this funeral home being close to fontana and how this could bring gang activity by my house!!! I live in rancho for a reason and not fontana!!! I have two small boys under two years old and I would not want this around them. My husband is gone for work a lot and I do not feel safe with that information. Please reconsider this and make something useful there!!! NO on the funeral home!!!!!! 3/13/2012 A & B101 P391 Rancho Cucamonga, Ca91739 Andyiayayadi(a)hotmail.com March 13, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a)cityofrc.us Dear Planning Department: 1 L Q'J+ y Re 1je a _�RO201y1101'094 'D 1094D �a As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference.with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, Ati•idryTJ�ay �Wh A & B102 P392 Rancho Cucamonga, Ca91739 March 13, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(d)citvofrc.us Dear Planning Department: Re: 1rzD10109x4 & 171(793D� . As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious.impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, e#aaavala A & 6103 rage i Or i P393 Smith, Michael From: khushwant singh [ Sent: Friday, March 09, 2012 10:23 PM To: Smith, Michael Subject: Funeral home PFC2011.010CP4 . (3I0941) MY NAME IS KHUSHWANT S AHI.I LIVE AT 13091 COLONIAL DR. ETIWANDA CA 91739.I STRONGLY OPPOSE FUNERAL HOME IN OUR NEIGHBORHOOD.PLEASE CONVEY MY FEELINGS TO CITY AUTHORITIES. THANKS Ii l 3/12/2012 A & B104 P394 March 4, 2012 Dear Planning & Zoning Commissioner City of Rancho Cucamonga, tgC2211 . 0,094 , • QIO9t1� We are Danny and Jennie Dang, homeowners at 12880 Spring Mountain Drive, Rancho Cucamonga. We are the proud grandparents of three grandchildren (4, 3, and 2 years of age) whom we take care of every day at our residence. We are writing this letter to express our concerns regarding the proposed funeral home business at the corner of Etiwanda and Candlewood streets, located within 150 feet of residential neighborhoods. • As .property owners in Rancho Cucamonga we strongly object the proposed development of a funeral .home in our.neighborhood. We love -our ,community.and neighborhood. We feel a funeral'home detracts:from-our great-community and the benefits-are far,outweighed by.the traffic issues and depreciation.of our property.associated with-allowing•this•development. This . is a lively and upbeat area that Will not receive.any added benefit by-allowing a funeral-home to be-established. This business will bring added traffic:congestion, and.general somberness that will detract from our-neighborhood. Furthermore, we feel the increased-traffic will create an . unsafe condition for our three grandchildren. We ask for :your consideration of our .concerns regarding :parking, traffic issues, property • depreciation and daily melancholy atmosphere this proposed funeral home. -development • would create in•our.residential communities.: We thank you for your consideration. Sincerely, • ; • A & B105 • P395 Smith, Michael From: LINDA CORTEZ[Icortezzl4 @msn.com] Sent: Saturday, March 10, 2012 12:10 PM To: Smith, Michael Cc: Icortezzl4@msn.com Subject: SCI Funeral Services rjQ('2v►(. vioftf • oiaNp Hello Mr.Smith, Wanted to email you on the views that my husband, Gilbert A. Martinez and I, Linda Cortez hold. This Funeral home would bring down the value of our homes further than where it stands now....I can't even refinance as I am underwater with my mortgage and what I owe! I can't afford to lose more value to our home. The traffic at Etiwanda and Candlewood Drive would be such a burden,it takes awhile now to turn south on Etiwanda from Candlewood, and cant imagine what the traffic would be if the Funeral Home succeeds on building there. I personally don't want to view hearses driving right in front of my neighborhood and taking away my picturesque community. The impact to the kids coming and going to school,yikes! Please keep us informed to any/and all meetings that will take place so we can be sure to be there, and make sure our voice is heard. Thank you, Ke ,. 331 Shelby Place #106 Etiwanda, CA 91739 "I have noticed that everyone that is for abortion is already alive."---Ronald Reagan 3/12/2012 A & B 106 r A$c I M 1 P396 Smith, Michael From: Melody Li Sent: Sunday, March 11, 2012 4:34 PM To: Smith, Michael Subject: Re: File Num D , -vj Q1094 & 010941 Dear Planning Department: As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Avenue and Candlewood Street. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Thanks and regards, 3/12/2012 A & B 107 l 6L'G 1 W l P397 Smith, Michael From: Pam Wehmeyer[ Sent: Sunday, March 11,2012 5:08 PM To: Smith, Michael Cc: Pam Wehmeyer, sbwehmeyer @yahoo.com Subject: Re: File Num BC Q9.f't�A094'& 4,D.�.%CI Funeral Services Inc proposed funeral home..: Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O.Box 807 Rancho Cucamonga,CA,91730 Dear Planning Department: Re: File Number DRC2011.01094&01094D As you are aware SCI Funeral Services Inc.is proposing a funeral home at the corner of Etfwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors.This law recognizes that landowners,or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would!. increase traffic flow Potentially attract gang retaliation at rival gang member's services Raise the question of health risk(whether perceived or factual) Irreparable further the depreciation in property value as much as 15%in some studies Change the tone and ambiance of the neighborhood Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community.As our city representative l beg of you to not let this project move forward. Also, as real estate brokers, we know for a fact that there are certain cultures who represent a large number of the buying pool who will NOT live anywhere near something that represents death.We have no doubt in this would immediately negatively affect property values in OUT neighborhood. We have already experienced a huge drop in values due to the economy, and allowing this type of business in this particular location would cause irreparable damage to values in our neighborhood. There are other suitable locations for this type of business. We look forward to your response and the outcry of the community regarding this matter. Sincerely, a Rancho Cucamonga,CA 91739 Pam Wehmeyer, Broker (909)200-5430 www PamsProperties.com REO & Distressed Property Certified Fine Homes &Relocation Specialist DRE 1453068 3/12/2012 A & B108 P398 Rancho Cucamonga, CA 91739 1 March 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a)citvofrc.us Dear Planning Department: Re: WgN a mbe01JRC201t=0109W` 1094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a . continuous reminder of death that undermines the comfort and repose sought in home ownership. -his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of is or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful .possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, . gap A & 8109 Page ] of 1 P399 • Smith, Michael From: hotmail-liangan [ • Sent: Sunday, March 11, 2012 1:30 AM To: Smith, Michael Cc: neighborhoodfuneralhome @yahoo.com Subject: NO 4WC?-01U•61A6.4 . C71(n41) Hello Mike, We strongly disagree with the project of the FUNERAL HOME which proposed to be built at the across of Etiwanda Ave and the road-15. Please note the place of the FUNERAL HOME should be far away from the residential area. Best Re•ards,• • • • • • • • • • • • • • • • A & 110 3/12/2012 B ai c I vt l P400 • Smith, Michael From: hotmail-zds [ Sent: Sunday, March 11, 2012 1:28 AM To: Smith, Michael Cc: neighborhoodfuneralhome @yahoo.com Subject: NO NO NO %ern 1, a it*4 • QIMtn) Hello Mike, We strongly disagree with the project of the FUNERAL HOME which proposed to be built at the across of Etiwanda Ave and the road 15. Please note the place of the FUNERAL HOME should be far away from the residential area. Best Regards, Rancho Cucamonga,•CA 91739 • • • • 3/12/2012 A & B111 1-WIC 1 ur 1 P401 • • Smith, Michael From: Sent: Sunday, March 11, 2012 8:19 PM To: Smith, Michael Subject: Funeral Home Attachments: Stop SCI Funeral Home Letter.doc ' MIKHAIL ZEEB RANCHO CUCAMONGA, CA 91739 Date: 3-11-12 Mike Smith Associate Planner • City of Rancho Cucamonga • 10500 Civic Center Drive P.O. Box 807 • Rancho Cucamonga, CA, 91730 Michael.Smith@cityofrc.us • • Dear Planning Department: Ia�33`� De 2CZ,1 • As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Efiwanda Ave and • Candlewood St. • • Having this funeral home so close would pose a severe psychological discomfort and would be a continuous • reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference'with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in Its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. • Sincerel ' Rancho Cucamonga, Ca 91739 • 3/12/2012 A & B 112 Gilbert D. Mugica P402 12940 Evermay Ct. Rancho Cucamonga, Ca. 91739 �DMugica @Yahoo.com March 11, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(c),citvofrc.us Dear Planning Department: ` Re IQAmmber DRC2011=Q1094 &'Qa1094D - As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a -)ntinuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, er,F•D mgggmmn� A & B113 .1 4L'L I VI P403 Smith, Michael From: Hotmail( Sent: Sunday, March 11, 2012 10:31 PM • To: Smith, Michael Subject: NO NO NO Prfrep{•Ott{ , • 0WQ4P Hello Mike, • We strongly disagree with the project of the FUNERAL HOME which proposed to be built at the across of Etiwanda Ave and the road 15. Please note the place of the FUNERAL HOME should be far away from the residential area. Best Regards, o an„g " Rancho Cucamonga, CA 91739 Minn • • • • • • • 3/12/2012 A & B114 March 5, 2012 CITY OF RMCHO CiUCAMONGA P404 TO: Michael Smith, MAR 0 6 2012 City of Rancho Cucamonga Associate Planner SUBJECT: VAN= { r , 1 RECEIVED - PLANNING Our name is Pedro and Diana Romero and we are the residents of 7415 Crawford PI, Rancho Cucamonga, CA. Our residence is located within the neighborhood where a Funeral Home (File# DRC 2011-01094) is being proposed. We are very disappointed that the City of Rancho Cucamonga Planning Department is considering granting a conditional permit to build a "Funeral Home" in a predominantly residential area. Although the location of the proposed funeral home is mainly located in a zoning code of OP (Office Professional) under the "Etiwanda Specific Plan", the site of the proposed development encompasses a single family residential lot located at the intersection of Etiwanda Ave and Candlewood St. In addition, zoning of OP pertains to the description of office professional; a funeral home is not considered an office professional. Hence, a development of this category is not suitable for this land use unless the "conditional" permit is approved. During a visit to the City of Rancho Cucamonga Planning Department website, we found the following description for the Planning Department and as a constituent and taxpayer I agree with it. However, I would like for the Planning Department to execute the below stated functions in this case. The Planning Department functions as the professional and technical advisor to the Planning and Historic Preservation Commission and the Citv Council on policy matters and issues concerning the physical development of the community; to encourage proactive long-range planning, to recognize and solve problems before they occur and take advantage of opportunities while they exist; to promote citizen awareness in support of community goals, objectives, policies, and programs; and to actively promote retail expansion by attracting new stores, restaurants, and services to the community". As your statement indicates, please support the community goals concerning the physical development of our area and encourage proactive, not retroactive long-term planning. Our community is in the need of constructive developments not the destructive ones. After investing very large amounts of money into affording our neighborhood, we would be very disappointed to have a "Funeral Home' that will depreciate the values (Exhibit"A") of our houses even further. Be aware of our situation in regards to property values, traffic, parking, noise, and loitering which this development will produce and don't fall for the short term solution of attracting tax dollars that will destruct the peace and value of our community. A development of this nature will completely disrupt the peacefulness of our community. For instance, since there are various existing major traffic generators (Victoria Gardens shopping mall, four schools, four churches, and Etiwanda Gardens) within a mile radius of the proposed development site, adding this funeral home will generate extreme traffic conditions during a funeral service. In fact, during a funeral procession we would have to hold off exiting our community since our exits will be impacted by traffic. Additionally, the left turn lane on Church Ave/Miller Ave (East) onto the single lane of Etiwanda Ave (North) will be severely impacted because a turning pocket does not exist and Etiwanda Ave bottle necks at this location (Exhibit „B"). In conclusion, we feel that our local government should reconsider expediting such a conditional construction permit, please recognize and solve the problem before it occurs. In an effort to prevent a corporation from destroying not only the values of our homes but the tranquility of our community as well, we expect our local government to represent our community in this issue. Sincerely, r~ 19iar� [3l1IErAs 0 _ _ =. A & B115 ond P405 ! Neighborhood O6—zts 0� � �0� � �� values | \ � � 0�l7'2011 � ! Real Estate. Horne Sates, Selkinganyna, neiukbnhhoud�. real estal,earism CnijwoUBankp, � Neighborhood effects oR property Vaiue5 ' September 27� 2on � � When looking m buy akome. people may not he aware m the effect certain factors car have vn home value.Asmoc�care asaxnmeraner can put in-to ensuring a � property stays in good d,ape and maintaining nhouse,the neighborhood iu also u �actor. l., _'=r' " � ~`~~/'~m~ '~~' ~r~~~``~�~~`~r~'~~ ~� Home~~buyers~h~~~~- aware o this when bmking for a home m negotiating a purchase,and may.wishm consider resale os well, particularly ifthoydonot intend m stay long. What makes o neighborhood bad One real estate agent tn|d/WainSnon{znmu neighbor may negatively affect nearby hnmophresifheoVoeshishome'*oJtp/uppearaonnbecomaunp|easan|, u||vvvy plants,o become vve,yrnwnvr leaves puini peeling or partially-done o^the iexterior. Noiahbors who have constant vi d visitors porked cars, make noise, have disruptive pets or otherwise make'living nearby unpleasant can also have a nouatior effect on home value,even if some a',these-factors are harder(ojudge for prospective home buyers visiting aproperty. |nvestnpeWa notes vacant homes can also lower nearby values,since they tend to fall into disrepair without residents caring for them.Even ifaxecaN home does not cause more serious problems, !t remains unpleasant m|onk:nt ifnNdoaned or maintained Many nf these problems Gan be spotted simply driving through vr walking around n neighborhood, Runknyo.com suggests.rIM|oi|in common for a neighborhood to have some homes which are less attractive than others, ora few residents who are s|ighl|y behind nn lawn rare,the overall pattern can Warn Potnniia|buyers. [ } / 11 Finding n good neighborhood Home buyers can bok for a number oK factors h order iohelp spot good neighborhoods Which will not drop their property values;Aside from nearby power plants, landfills and other unattractive facilities, closed schools are amajor factor, VainSxeet.comepm`s. Baokiate.rnm suggests home buyers look,for neighborhoods with access to employment.nnnv:\hnmajorfacmniohomeva|uosUoive'shymwos` esea/rh ifacilities, government seats and locations home(n creative industries tend iodo well long-term. Othor factors which tend tn correlate with value are Pmrinhyh good schools and nearby parks. -actors like these may ho signs u(good neighborhoods orreasnnstho area is desirable. so home buvers who do their research and learn what to look for can ' find a home that will stay valuable after they buy||and understand what they're poyipgin,. | � / _AH1_9}][ «Aw ---- ik��n/p/v/ cold�t|l6ank�r �oo�rcx\_�s�o/��\t �ztuod n_ynvy,nT_/uu:s 031/06/2012 ' W ..m, .�pnai s ric �-, +.a., aeulasvA ZlX . 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Dear Sirs, We are living in Rancho Cucamonga Homes community (many hundreds of residence) next to Etiwanda Ave and Candelwood Ave. We selected moving in this city because Rancho Cucamonga has long tradition of forming partnerships to achieve goals for Bringing Health Home. But,just some weeks ago, one vacant land filing for FUNERAL HOME next to Etiwanda Ave and the 1511 Freeway. What is the funeral home? Why the city will allow a FUNERAL HOME open in the central area of so many hundred residences surround. 1) The Victoria Garden (the open air mall) is quite close to the funeral home, no one will like to shop there. 2) National Fish Co, (Restaurant) is just crossing the street, what an eating atmosphere? 3) FUNERAL HOME is just next to 15`h Freeway, also next the post office and high traffic Etiwanda Ave., and it definitely will increase the traffic burden badly. 4) The City Council's long term commitment to a "Healthy RC" will never come true, if a FUNERAL HOME burring bodies, all the residences, shoppers, travelers, visitors .etc will smell the unhealthy harmful air eventually. 5) The home value will be significantly dropped in RC city, particularly in the adjacent area of the funeral home. Sincerely yours, A & 6121 • 1 - •1 rGUd rn ,7 fi � i � � F. 1 1 � fP � IJY 1' u• �"- i 'k.-.._�: �!.^^�I I .a m 7 k' .o- 1 1� �, :1�,�� C d p Si v f C' `F .1 U 1 i 1 =Cantl'.crcud S4 .r. uu.ty iA nnan'Cr�� rSPnn?I oun.auri 11 3 _f I i c 4 c Svleel RoseU •=F r � - rr. ' de �. Church" P412 Smith, Michael From: Smith, Michael Sent: Tuesday, January 17, 2012 8:49 AM To: Cc: Henderson, Larry; Victorino, Valerie Subject: REE: proposed development Hello, Julio I have received your correspondence regarding the proposed funeral home, Conditional Use Permit DRC2011- 01094 and Development Review DRC2011-01094D. At this time, the project is currently being reviewed by the City and no public hearing has been scheduled. I will incorporate your e-mail as an exhibit in the Staff Report that will be presented to the Planning Commission as part of their review of the proposal. When the project is scheduled for a public hearing, you will receive a notice of the public hearing in the mail if your property is within 660 feet of the project site. Also, there will be a notice posted on the two signs that have been erected on the property and a notice will be printed in the local newspaper. The meetings are held on the 2nd and 4th Wednesdays of the month at 7:00pm at the City Council Chambers. In the meantime, you can always contact me periodically to determine the status of the application. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4317 michael.smith @cityofrc.us From: Victorino, Valerie On Behalf Of Planning, City Sent: Tuesday, January 17, 2012 6:56 AM To: Smith, Michael Cc: Henderson, Larry Subject: FW: proposed development Please assist. Vaier-iC Victorino, CAP-OM Secretary Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4327 (909)477-2847 fax valeri e.victori no[a)cityofrc.us From: Jesse Ortiz [mailto:jesse_ortiz420 @yahoo.com] 2/8/2012 A & B 123 rage or • P413 Sent: Monday, January 16, 2012 5:13 PM To: Planning, City • Subject: proposed development • To whom it may concern, my name is Julio Aguero I recently contacted someone in regards to my concerns about the proposed development of a single story funeral home that is to be built just next to my house. My concerns are that this development will cause heavy traffic near my home witch is located in a residential community. i am new to the area and love the price value of the area. A huge concern of mine would be the value of my house to be lowered because of this facility. also i do not like the fact of raising my two children • next to a facility that stores dead bodies i was asked from the person i talked too to write a letter • regarding my concerns i would greatly appreciate it if you could please give me a call back thank you, -Julio Aguero • • • • • • 2/8/2012 A & 6124 Smith, Michael P414 From: Smith, Michael Sent: Monday, January 09, 2012 7:58 AM n: ' Subject: RE: Proposed funeral home Hello, Andrea As the application is sti 11 in the initial stages of the review process, it has not been scheduled for a public hearing at this time. Therefore, there is no deadline at the moment. However, please submit any correspondence to me at the address below as soon as possible. Also, please include the file number for the project: Conditional use Permit DRC2011-01094 and Development Review DRC2011-01094D. In the meantime, you can always contact me periodically to determine the status of the application. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4317 michael.smith @cityofrc.us a -----Original Message----- From: iconic624880mypacks.net [mailto:iconic62488@mypacks.net] Sent: Friday, January 06, 2012 1:30 PM '^o: Smith, Michael abject: RE: Proposed funeral home Can you tell me the closing period/deadline to get a letter to the Council regarding this project? . - Thank you, Andrea Salgado 1 A & B125 P415 Smith, Michael From: Smith, Michael Sent: Wednesday, January 04, 2012 9:09 AM To: ' Cc: Victorino, Valerie Subject: RE: Proposed funeral home Hello, Mr. /MS. Salgado The project, Conditional. Use Permit DRC2011-01094 and Development Review DRC2011-01094D, a request to construct and operate a funeral home with a floor area of 8,282 square feet on 2 . 32 acres of land within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan located near the southeast corner of Etiwanda Avenue and Candlewood Street, is currently being reviewed by the City and at this time no public hearing has been scheduled. When the project is scheduled for a public hearing, you will receive a notice of the public hearing in the mail if your property is within 660 feet of the project site. Also, there will be a notice posted on the two signs that have been erected on the property and a notice will be printed in the local newspaper. The meetings are held on the 2nd and 4th Wednesdays of the month at 7:0Opm at the City Council Chambers. If you like, at this time you can provide a letter discussing your concerns about the project. This letter will be included as an exhibit in the Staff Report that will he prepared for the Planning Commission. Please send the letter to the address provided below and include the project file numbers - DRC2011-01094 and DRC2011-01094D. If you have any questions, please let me know. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive - Rancho Cucamonga, CA 91730 (909)" 477-2750 ext. 4317 michael.smith@cityofrc.us -----Original Message----- From: Victorino, Valerie On Behalf Of Planning, City Sent: Tuesday, January 03 , 2012 7 :18 AM To: Smith, Michael Subject: FW: Proposed funeral home Valerie Victorino, CAP-OM Secretary Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4327 (909) 477-2847 fax valerie.victorino @cityofrc.us -----Original Message----- From: iconic62488 @mypacks.net (mailto:iconic62488 @mypacks.net] Sent: Tuesday, December 27, 2011 11:42 AM To: Planning, City Subject: Proposed funeral home 1 A & 6126 Lear City Planning Manager, P416 Will there be an application review or hearing for the proposed site of a mortuary/funeral home on Candlewood Street in Etiwanda. As a concerned citizen, I do not like the idea of a funeral home being built right across the street from residential properties. I live in he tract nearby and have many concerns regarding this idea. Will there be a hearing that e (residents of the impacted area) can attend and voice our concerns? Sincerely, A. Salgado 2 A & B127 Page 1 of ) P417 Smith, Michael From: Smith, Michael Sent: Thursday, January 05, 2012 6:28 PM To: 'S,E LOPEZ' Subject: RE: Proposed Project case #2011-0194 Attachments: 211108-A1.O.PDF Hello, Sal See attached. If you have any questions, let me know. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4317 michael.smith@cityofrc.us From: S,E LOPEZ [ Sent: Wednesday, January 04, 2012 7:16 PM To: Smith, Michael Subject: RE: Proposed Project , case # 2011-0194 Thank you for the documents. Also let me know if you are not able reproduce the map for email or if you need me to pick it up. ---------- Original Message ---------- From: "Smith, Michael <Michael.Smith @cityofrc.us> To: "S,E LOPEZ" <secoversl @netzero.net> Subject: RE: Proposed Project , case # 2011-0194 Date: Wed, 4 Jan 2012 18:10:37 -0800 Hello, Sal Per your request, see attached. If you have any questions, let me know. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4317 2/8/2012 A & B 128 Page 2 of 2 P418 michael.smith @cityofrc.us From: S,E LOPEZ [ Sent: Wednesday,January 04, 2012 5:39 PM To: Smith, Michael Subject: Re: Proposed Project , case # 2011-0194 Hi Michael, Here is my email. I look forward receiving the public record regarding the proposed project for a Funeral Home. Regards. 2/8/2012 A & B 129 P419 Smith, Michael From: Smith, Michael Sent: Wednesday, January 04, 2012 9:09 AM To: ' Cc: Victorino, Valerie Subject: RE: Proposed funeral home Hello, Mr./MS. Salgado The project, Conditional Use Permit DRC2011-01094 and Development Review DRC2011-01094D, a request to construct and operate a funeral home with a floor area of 8, 282 square feet on 2 .32 acres of land within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan located near the southeast corner of Etiwanda Avenue and Candlewood Street, is currently being reviewed by the City and at this time no public hearing has been scheduled. When the project is scheduled for a public hearing, you will receive a notice of the public hearing in the mail if your property is within 660 feet of the-.,project site. Also, there will be a notice posted on the two signs that have been erected on the property and a notice will be printed in the local newspaper. The meetings are held on the 2nd and 4th Wednesdays of the month at 7 :OOpm at the City Council Chambers. If you like, at this time you can provide a letter discussing your concerns about the project. This letter will be included as an exhibit in the Staff Report that will be prepared for the Planning Commission. Please send the letter to the address provided below and include the project file numbers - DRC2011-01094 and DRC2011-01094D. If you have any questions, please let me know. Thanks. Mike.Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4317 michael.smith @cityofrc.us -----Original Message----- From: Victorino, Valerie On Behalf Of Planning, City Sent: Tuesday, January 03, 2012 7 :18 AM To: Smith, Michael Subject: FW: Proposed funeral home Valerie Victorino, CAP-OM Secretary Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4327 - - (909) 477-2847 fax valerie.victorino @cityofrc.us -----Original Message----- From: iconic62486@mypacks.net [mailto:iconic62488 @mypacks.net) Sent: Tuesday, December 27, 2011 11:42 AM To: Planning, City Subject: Proposed funeral home 1 A & B130 Dear City Planning Manager, P420 Will there be an application review or hearing for the proposed site of a mortuary/funeral home on Candlewood Street in Etiwanda. As a concerned citizen, I do not like the idea of a funeral home being built right across the street from residential properties. I live in `ie tract nearby and have many concerns regarding this idea. Will there be a hearing that (residents of the impacted area) can attend and voice our concerns? Sincerely, A. Salgado 2 A & B131 rage i or i P421 Smith, Michael From: Smith, Michael Sent: Tuesday, December 06, 2011 11:37 AM To: ' Subject: Conditional Use Permit DRC2011-01094 and Development Review DRC2011-01094D /// Funeral Home at Etiwanda and Candlewood Hello, John My contact info: Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4317 michael.smith@cityofrc.us From: Kendrena, Donna Sent: Tuesday, December 06,3011-10:40 AM To: 'johnphai @live.com' Subject: Applicant for Funeral Home Hi John, I just spoke to Mike Smith in our Planning Department and he assured me that the Funeral Home application was just received on November 151 and is at the very beginning of the approval process. He encouraged me to have you send a letter/e-mail with your concerns so that the Planning Commission is aware of how,the Community feels about the project. Another piece of good news. . . .the application does not ask for any cremation services on the property,just a funeral home. Mike has requested additional information from the applicant to clarify all property uses and will be happy to speak to you at anytime about the project. He can be reached at 909-477-2700 x 4317. 1 hope that eases your mind for now, but please send the e-mail or letter as we discussed as it will be extremely helpful during the approval process. Sincerely, (Donna Kendrena,CP-09K Executive Assistant to the City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 919-2615 (909)477-2846 FAX donna.kendrena(Zi)ct ofrc.us 2/8/2012 A & B132 P422 William And Stefanie Isaacs Rancho Cucamonga,CA 91739 January 1st, 2011 CITY OF RANCHO AA A Mr. Mike Smith Planning Dept JAN 1 0 2012 City of Rancho Cucamonga NG 10500 Civic Center Dr. RECEIVED - PLANNING Rancho Cucamonga, CA 91730 9C r (7 Dear Mr. Smith, RE: REFERENCE COMPLAI " `''"'" 'ST THE PROPOSED DEVELOPMENT OF A SINGLE STORY FUNERAL HOME BY SO FUNERAL SERVICS,INC. • On behalf of our entire neighborhood and the neighbors residing in our quiet enclave (on Evermay and Exbury) opposite the site mentioned above, we wish to vehemently object to the proposed citing of a funeral home in our neighborhood and to urge you not to approve the request for the following reasons: 1. A funeral home poses serious safety and environmental concerns in a neighborhood with many young elementary and secondary school students like ours. The chemicals involved in processing dead bodies are not healthy and children who play around the proposed site may be exposed to those chemicals. 2. A funeral home in our neighborhood will attract an unusual amount of traffic in our quiet, family-oriented neighborhood, which would lead to automobile accidents involving our children who play outside our homes. 3. Locating a funeral home in our neighborhood will expose our children to different types of people, including child molesters and gang members who may need the services of the funeral homes. The sight of gang bangers recruiting new members near a funeral home, as well as carrying out illegal activities near a funeral home is not uncommon in California. 4. Locating a funeral home in our neighborhood will have serious negative impact on. the values of our homes. Our homes will be grossly devalued by the presence of a funeral home next door. 5. Without any knowledge of other structures that might be built next to the funeral home, we are led to believe that the funeral home may be one of the numerous high traffic businesses (including a half way home) that might be cited at the site. We want to see the comprehensive master plan for the entire plot of land. A & B133 P423 As parents of four little children, we are very concerned about the health of our children growing up and being exposed to the dangerous chemicals used in processing dead bodies in a funeral home,particularly at the formative stages of their lives. We are also aware that a former employee of the city of Rancho Cucamonga has been retained to lobby for the authorization of the funeral home with a total disregard to the wishes and feelings of the neighborhood. This action is likely to expose the city of Rancho to a liability lawsuit. We are pleading with you to use your good office to save our children and neighborhood with the attendant menace of building a funeral home in a neighborhood we cherished and care so much for. Thank you in advance for a favorable consideration of our request. Please, feel free to contact us for any discussion on this issue.We can be reached at(714) 293-6113. Mull :: 01 I iam at dam' tefanie Isaacs Concerned Home Owner(Name) (Signature) (phone#) Concerned Home Owner (Name) (Signature) (phone#) • Concerned Home Owner(Name) (Signature) (phone#) Concerned Home Owner (Name) (Signature) (phone#) A & B134 P424 • Christopher&Chimezie Ikeanyi Rancho Cucamonga, CA 91739 December 14, 2011 CITY OF FARM CUCANONGA Mr. Mike Smith Planning Dept. JAN 4 ZOIi City of Rancho Cucamonga 10500 Civic Center Dr. RECE? . `{4'4a Rancho Cucamonga, CA 91730 • Dear Mr. Smith, RE: REFERENCE COMPLAI `" ' SST THE PROPOSED DEVELOPMENT OF A SINGLE STORY FUNERAL HOME BY SCI FUNERAL SERVICS, INC. On behalf of our entire neighborhood and the neighbors residing in our quiet enclave (on Evermay and Exbury) opposite the site mentioned above, we wish to vehemently object to the proposed citing of a funeral home in our neighborhood and to urge you not to approve the request for the following reasons: 1. A funeral home poses serious safety and environmental concerns in a neighborhood with many young elementary and secondary school students like ours. The chemicals involved in processing dead bodies are not healthy and children who play around the proposed site may be exposed to those chemicals. 2. A funeral home in our neighborhood will attract an unusual amount of traffic in our quiet, family-oriented neighborhood, which would lead to automobile accidents involving our children who play outside our homes. • • 3. Locating a funeral home in our neighborhood will expose our children to different types of people, including child molesters and gang members who may need the services of the funeral homes. The sight of gang bangers recruiting new members • near a funeral home, as well as carrying out illegal activities near a funeral-home is not uncommon in California. 4. Locating a funeral home in our neighborhood will have serious negative impact on the values of our homes. Our homes will be grossly devalued by the presence of a funeral home next door. 5. Without any knowledge of other structures that might be built next to the funeral • home, we are led to believe that the funeral home may be one of the numerous high traffic businesses (including a half way home) that might be cited at the site. We want to see the comprehensive master plan for the entire plot of land. • • A & 6135 P425 As parents of four little children, we are very concerned about the health of our children growing up and being exposed to the dangerous chemicals used in processing dead bodies in a funeral home, particularly at the formative stages of their lives. We are also aware that a former employee of the city of Rancho Cucamonga has been retained to lobby for the authorization of the funeral home with a total disregard to the wishes and feelings of the neighborhood. This action is likely to expose the city of Rancho to a liability,lawsuit. We are pleading with you to use your good office to save our children and neighborhood with the attendant menace of building a funeral home in a neighborhood we cherished and care so much for. Thank you in advance for a favorable consideration of our request. Please, feel free to contact us for any discussion on this issue. We can be reached at (909) 917-6705. Respectfully, . Christopher and Chimezie Ikeanyi Concerned Home Owners ■ 'u , HoLI5J 'S „TLGa (phone#) Concerned Home Owner (Name) (Signature) (phone#) Concerned Home Owner(Name) (Signature) (phone#) • Concerned Home Owner(Name) (Signature) (phone#) If %II eamtf we A & B13 � CA gm , RICKY THAI P426 Rancho Cucamonga, Ca 91739 City of Rancho Cucamonga Planning Division CITY OF RANCHO CGCAhx 44GA 10500 Civic Center Drive Rancho Cucamonga,CA 91730 (909)477-2750 DEC 1 4 2011 iry� December 8, 2011 ` ECEIVED - PLANNING Re: Objection to, nv,n n,yes Inc's Proposed Development of Funeral Home I e ct: rRE201r1tW09 4e-C S:. To Whom It May Concern: Following SCI Funeral Services Inc's ("SCI")placement of a public billboard notice of their planning application (DRC2011-01094), I wholeheartedly object to SCI's referenced planning application for a proposed nine thousand square feet (9000 sqft)single story funeral home and the following to be taken into account during your consideration of their proposal. Obscurity of the Project SCI's proposal fails to properly provide detailed instructions on their use of the property as well as, but not limited to,the functionality and purpose of having a 9,000 sqft facility. Their company provides a large range of services including but not limited to providing family members of the deceased a proper site to conduct memorial services, cremation services, specialized cultural and/or religious services, etc. Suitability The area mainly consists of residential properties newly developed within the past decade.These residences are valued at a minimum of$750,000.Construction of a mortuary directly adjacent to these new residences would not only decrease the real estate value but may make it more difficult for property owners to market their property in the future. Secondly,SCI's proposal to develop adjacent to a historical building may be a cause for concern.The impact of such a construction is unknown at this time. • Environmental Impact • There is a potential environmental impact should crematory services be provided by SCI. It is well known that a crematoria discharges potential air pollutants hazardous to the health and safety of the general 1/3 A & B137 RICKY THAI P427 Rancho Cucamo 739 EMAIL: public.These crematorium emissions, in the form of a gas, include, but not limited to, carbon monoxide, unburned hydrocarbons, nitrogen oxides, lead,sulfur dioxide,volatile organic compounds, lead, etc. Nitrogen oxide,sulfure oxide,volatile organic compounds and unburned hydrocarbons are known carcinogens. Organic compounds such as benzenes,furans, and acetone are also emitted and react with hydrogen chloride and hydrogen fluoride under combustion conditions to form polychlorinated dibenzodioxins and polychlorinated dibenzofurans, both of which are carcinogens.Any machineries used to filter crematorium fumes have little effect on the toxins released. • Scientific studies of cremation emissions have demonstrated each cremation uses around 20 liters of fuel and half a kilo of activated carbon for cleaning the flue gases; 160kg of carbon dioxide per deceased body being released into the atmosphere;and a high level of mercury released into the atmosphere. As the development is within a close proximity to residential homes, it places residents and their •children at risk for cancer. Lead is well known to cause neurological deficits in children. Mercury released as a gaseous substance into the air would eventually contaminate water supplies and soil. It is known to cause embryological defects in fetuses and neurological deficits and respiratory symptoms in children. Noise is also a potential environmental problem.The area consists of mainly residential buildings. Building a 9,000 sqft mortuary would only increase the amount of visitors at a minimum of fifty individuals per service. Traffic The neighborhood has already been affected by the number of vehicles.SCI's development would only exacerbate the situation and bound to put further pressure on the parking spaces available. It may also cause the roads to become congested. Congestion leads to access and no parking space for visitors' • vehicles or delivery vehicles.The estimated number of visitors during a memorial service is unknown. Would such traffic be a cause for concern for residents who are disabled or in need of emergency services? Residential Home Impact The development would be unacceptably close to our residents. It is incompatible with the area. The notion of residing near a mortuary and/or crematoria is an unpleasant one. It violates the residents' rights and impairs them from enjoyment of their residential property and neighborhood. It is well beyond words and as a matter of fact depressing to observe memorial services at least once a week in a residential area.The psychological impact is unknown. Are there residents with post-traumatic stress disorder?That we do not know. Are there residents with chronic anxiety and fear of death?That we do not know.The direct images may inflict emotional and psychological stress. Additionally, the reactions of prospective homebuyers may make it much more difficult for a homeowner to sell his or her home. Pennsylvania State University and the University of Wyoming • 2/3 A & 8138 • RICKY THAI p428 • Rancho Cucamonga,Ca 91739 EMA published an article describing the economic impacts of developing a mortuary and/or crematory service operations adjacent to residential homes.The home values deplete over the years impacting the homeowners and could not be rectified (Agee, Mark D and Crocker,Thomas D (2010). Directional heterogeneity of environmental disamenities:the impact of crematory operations on adjacent residential values. Applied Economics,42:14, 1735-1745, 2010) • In summary We fully accept and are aware of any assertion that, by offering a mortuary oronsite cremation services, they are meeting a community need that is growing. However, the development of it in our neighborhood consisting mainly of residential homes is unacceptable. • In light of these many valid concerns, I respectfully submit that this proposal be refused planning permission. Yours faithfully, • omeowner • • • • 3/3 A & 8139 P429 Christopher &Chimezie Ikeanyi Rancho Cucamonga, CA 91739 December 12, 2011 OF RANCHO frUCAGA • • Mr. Mike Smith Planning Dept. DEC 16 ZD11 • City of Rancho Cucamonga 10500 Civic Center Dr. RECEIVED - PLANNING Rancho Cucamonga, CA 91730 Dear Mr. Smith, • RE: REFERENC COMP • • INST THE PROPOSED DEVELOPMENT OF A SINGLE • STORY FUNERAL HOME BY SCI FUNERAL SERVICS, INC. On behalf of our entire neighborhood and the neighbors residing in our quiet enclave (on Evermay and Exbury) opposite the site mentioned above, we wish to vehemently object to the proposed citing of a funeral home in our neighborhood and to urge you not to approve the request for the following reasons: 1. A funeral home poses serious safety and environmental concerns in a neighborhood with many young elementary and secondary school students . like ours. The chemicals involved in processing dead bodies are not healthy and children .who play around the proposed site may be exposed to those chemicals. 2. A funeral home in our neighborhood will attract an unusual amount of traffic in our quiet,-family-oriented neighborhood, which would lead to automobile accidents involving our children who play outside our homes. 3. Locating a funeral home in our neighborhood will expose our children •to • different types of people, including child molesters and gang members who may need the services of the funeral homes. The sight of gang bangers recruiting new members near a funeral home, as well as carrying out illegal activities near a funeral home is not uncommon in California. 4. Locating a funeral home in our neighborhood will have serious negative impact on the values of our homes. Our homes will be grossly devalued by the presence of a funeral home next door. S. Without any knowledge of other structures that might be built next to the • funeral home, we are led to believe that the funeral home may be one of the numerous high traffic businesses (including a half way home) that might be cited at the site. We want to see the comprehensive master plan for the entire plot of land. • A & B140 P430 As parents of four little children, we are very concerned about the health of our children growing up and being exposed to the dangerous chemicals used in processing dead bodies in a funeral home, particularly at the formative stages of their lives. We are also aware that a former employee of the city of Rancho Cucamonga has been retained to lobby for the authorization of the funeral home with a total disregard to the wishes and feelings of the neighborhood. This action is likely to expose the city of Rancho to a liability lawsuit. We are pleading with you to use your good office to save our children and neighborhood with the attendant menace of building a funeral home in a neighborhood we cherished and care so much for. Thank you in advance for a favorable consideration of our request. Please, feel free to contact us for any discussion on this issue. We can be reached at (909) 917-6705. Respectfully, cerned Home Owners A & 8141 P431 Neighborhood Petition T" Stop S I Funeral Home File Number DRC2 4 & 01094D �.ti.2�'ncN ?y 1�.�.v�•.��S�tt�ll;�l�xQ , u'H'r eSYa'.Yljroy�d� # �4 ��e', a +aisi�`r�:�•4•'��ia s Th1s funeral home would change the tone and ambiance of thepneighborhootl Threaten theriencleve and would have:a deletesious:im act..,Please si n tails, etition A da'et No. Date Name Address Comments Si nature CRY OF RWI 10 WeA11111OW 46A L 1' 2012 RECEIVED - PLANNI G EXHIBIT P A & 6142 P432 Neighborhood Petition To Stop SCI Funeral Home File Number DRC2011 -01094 & 01094D .t.kis neral '-'o'�m: would"-ch4iigelthe' tone"and d,a' rnbiarice of the ndi6 -b6eh6od.,:Threaten'','th'e',enclaVb-66d �I ........... i..... ...... e wou avb:ii,del6t6�,ious,;,im0iidt.i;Pi6ii6`� i fi,,t is�rpetition:and J"t'.v6"u"-r- No. Date IName Address Comments Si nature CITY OF RANCHO CUCAMONGA III] I & nA4n A & 8143 P433 Neighborhood Petition To Stop SCI Funeral Home File Number DRC2011 -01094 & 01094D �Thls",funeral-home* would change the tone and imbiince .o"I the-neighborhood . Threaten the enclave and WOU id-have. dieter!ous in p act.2 i ease;sidn this,p&i4 na id Aet yc&,V6i&6 No. Date Name Address Comments Signature CrTY 3FTMM"UUWMGX JUL 16 2012 RECEIVED - PLANNING - A & B 144 rtcase teL your voice oe neare ar tom me community in preventing S;Ul runeral Services... Page 1 of 5 P434 Home>Categories>Other>Please let your voice be heard and join the community in preventing SCI Funeral Services Inc.from building a proposed funeral home at the comer of E Please let your voice be heard and join the community in preventing SCI Funeral Services inc. from building a proposed funeral home at the corner of E Sign Blog Signatures Email friends Sign Petition Peas: 1 , 2 , 3 Now! Name:Tim Truong on Feb 26,2012 Sponsored links Comments:I VOTE NO TO THIS PROJECT.NO NO NO NO THIS IS A HOME PROPERTY NOT SOME KIND OF FUNERAL HOME.I DONT WANT TO SEE THIS HAPPEN.I VOTE NO!NOI NO! Flag 2 Name:XuanZhang on Feb 26,2012 Comments:NO NOT SUPPORT FOR THIS PROJECT THIS MIGHT HURT THE NEIGHBORHOOD NO Flag 3 Name: Douglas Ueda on Mar 1,2012 Comments: Flag 4 Name:Lory Ueda on Mar 1,2012 Comments: Flag 5 Name:Kimie Leho on Mar 3,2012 Comments:I DO NOT SUPPORT SUPPORT THIS FUNERAL HOME PROPOSAL. Flag 6 Name:Jennie Deng on Mar 3,2012 . Comments:Please do not build a funeral home among our residential neighborhood.I STRONGLY OPPOSE THIS FUNERAL HOME PROPOSAL. Flag 7 Name: Danny Deng on Mar 3,2012 Comments:NO NO NO!TO FUNERAL HOME. Flag a Name:Jane Mrotek on Mar 3,2012 Comments:I am totally against having a funeral home within a residential neighborhood community. Flag 9 Name: Christian Leho on Mar 3,2012 Comments:Due to cultural beliefs,funeral home in the residential area will not bring good positive Abe to the neighborhood.There are just too many negative aspects about R.I strongly oppose this proposal.Thank you for starting this petition. I hope that it will be in favor of our community. Flap A & 6145 http://wwm,.ipetitions.com/petition/no-to-sci-funeral-home/signatures 7/18/2012 Y,cvcuuu�; o%.i PUBVIdl 3erv1(;CS... rage _ of P435 10 Name:George Sandoval on Mar 4,2012 Comments:No hearses through my neighborhood!!!!! Flag 11 Name:Wendy Sandoval on Mar 4,2012 Comments: Please keep our children safe!!!!! Flag 12 Name:Wendy Sandoval on Mar 4,2012 Comments: Please keep our children safe!!!!! Flag 13 Name:Jose Torres on Mar 5,2012 Comments: Flag 14 Name:Ati Karizi on Mar 5,2012 Comments: Flag yg Name:Mark Horvath on Mar 6,2012 Comments: - Flag 16 Name:Anonymous on Mar 6,2012 Comments: NO funeral home in our lovely neighborhood please! Flag 17 Name:Lisa McClough on Mar 6,2012 Comments:Absolutely no funeral home. Flag 18 Name:James McClough on Mar 6,2012 Comments: Flag 19 Name:Jacqueline Wells on Mar 6,2012 Comments: Flag 20 Name:Anonymous on Mar 6,2012 Comments:This is an unfavorable business for our community. Flag 21 Name:Alena Paulson on Mar 6,2012 Comments:traffic is already terrible with the surrounding schools,access to the freeway and Efiwanda would be a nightmare.This area cannot handle any more congestion,please do not allow this project to go through Flag 22 Name: Brian Paulson on Mar 6,2012 Comments:No Funeral Homes by where my children play!!! Flag A & B146 http://www.ipetitions.com/petition/no-to-SCi-funeral-home/signatures 7/18/2012 FlcQJC lcL yVW VVl1:G uc 11CMU MIU JVUL we lUIIIIIIL11ll LY III YI'CVCI1L1Ilg Jl.l raneral zerVlCes... rage J of D P436 23 Name:Sean Xu on Mar 6,2012 Comments: Flag 24 Name:Mikhail Zeeb on Mar 6,2012 Comments:This funeral home is not a good fit or conducive to our neighborhood.It would increase traffic flow,lower property values and the health risk(whether perceived or factual)would causes irreparable depreciation as much as 17%in some studies. Flag 25 Name: Ken Hong on Mar 6,2012 Comments:No funeral homes in my neighborhood.Bad for the kids. Flag 26 Name: Mira Nam on Mar 6,2012 Comments:scary scary scary!i haven't been able to sleep just thinking-about a funeral home planning to come to my home. Flag 27 Name:Ho Nam on Mar 6,2012 Comments:i strongly oppose building a funeral home here.funeral homes should be close to cemeteries,thank you. Flag 28 Name:Anonymous on Mar 6,2012 Comments:While I support bringing more businesses/revenues into our City,I will not lend my support to this project because the location alone is terrible! Etiwanda is a major street but it is predominantly lined with single family homes and counts with dozens of kids walking to/from school daily.Adding more traffic to this location would increase their safety risk and become an eyesore for an otherwise nice neighborhood.Additionally,there are several homes for sale(one right across the street from the proposed site)that would be in jeopardy of not selling,dropping to an even lower - value or staying on the market for an unforseeable amount of time should a funeral home be built. Flag 29 Name:Chimezie Ikeanyi on Mar 6,2012 Comments:Building a funeral home so close to my home will not only increase traffic flow,lower property value and health risk,my children will be severly affected by it because they will be scared to go outside and play.So this will have a negative psychological effect on them. Flag 30 Name:Christopher Ikeanyi on Mar 6,2012 Comments:I am vehemently against building a funeral home right in front of my home.It is a horrible idea and will destroy our familyoriented neighborhood. Flag 31 Name:Maria Davis on Mar 7,2012 Comments:My 13 year old son has developed anxiety.when we were driving by the propose site one of my older kids made a comment and not long after that he start it asking questions about death and we're to the point where he has to have an evaluation to see if he needs counseling. Flag 32 Name:Anonymous on Mar 7,2012 Comments: Flag 33 Name:Howard Nguyen on Mar 7,2012 Comments:This neighborhood does not need a funeral home.Home owners are suffering enough from the economy;please don't place more stress on us with a creepy home of the dead just around the comer. & B147 http://www.ipetitions.com/pf,tition/no-to-sci- ncral-nome/signatures 7/18/2012 -- , �. . a JUL" u,V wuuttuutty in preventing Dui Funeral Jervtces... Page 4 of 5 P437 34 Name: Matthew Wysocki on Mar 7,2012 Comments: Flag 35 Name: Don Hathaway on Mar 7,2012 Comments: Flag 36 Name:Sergio Castillo on Mar 7,2012 Comments: Flag 37 Name:Gladstone Rennie on Mar 7,2012 Comments: No to SCI Funeral Services Flag 38 Name: Frank Jou on Mar 7,2012 Comments: I am glad that we have this website to work together about this issue.My neighbor Kathy told me this issue two weeks ago because she received mail.But I didn't.So I made about 60 copies and passed to my nearby street(Crestfield and Gold Leaf and wild horse)house by house on these passed two weekend when I walked dog.I talked many people and just 2 out of 60 t received the mail.The rest like me didn't know this till I talked to them.It seems funeral company did this on purpose just mailed few household and claimed they inform all community.Anyway, I am now glad more people aware and we need to work It together to oppose this plan in order not keep our community better value and nice.Thanks again whoever created this site for community.See all of my community friends on Thursday 6pm on 03/08/12. Flag 39 Name:Jorge Borda on Mar 7,2012 Comments: Flag 40 Name:Martha Godinez on Mar 7,2012 Comments: Flag 41 Name: Lory San Gabriel on Mar 7,2012 Comments: Flag 42 Name:Yesenia Gomez on Mar 7,2012 Comments: Flag 43 Name: Lindsay P.on Mar 8,2012 Comments:NO!1 This is a residential neighborhood and no place for a funeral home! Flag 44 Name: Carol Pike on Mar 8,2012 Comments:A funeral home has no place in a residential neighborhood for all the reasons listed in the petition. Flag 45 Name:Chad'ze Li on Mar 8,2012 Comments: Flag A & 8148 http://www.ipCtitiOnS.com/petition/no-to-SCi-funeral-home/signatures 7/18/2012 r,casc tct your voice oe neara ano loin me community in preventing SCI I•uneral Services... Page 5 of 5 P438 46 Name:Philip Emohick on Mar 8,2012 Comments: Flag 47 Name: Diego H Sevilla on Mar 8,2012 Comments:No funeral home in my Neighborhood!!!Why?Because my wifa and I worked very hard to buy a nice home with all our savings and sacrificed a lot to get here.Never would we have considered this location knowing of any present or future funeral home in the area Flag 48 Name:Vince Palmer on Mar 8,2012 Comments: Flag 49 Name: Laura Roche on Mar 8,2012 Comments:I do NOT want my property value to go down and I do NOT want any more traffic in that area!! Flag s0 Name:Araceli R.Hernandez on Mar 8,2012 Comments:NO to a funeral home.Traffic is already bad and there are too many kids walking to and from school and Victoria Gardens.ABSOLUTELY NOT. Flag Page: 1 2 3 A & B149 http://www.ipetitions.com/petition/no-to-sci-funeral-home/signatures 7/18/2012 _ _____ __. �..__ . .,___ „_ .._�_ �_.. i.,__. .._._ _............. � ,..r..., w,,.,,,b �.�. , uaa,.am .aw vawa... ♦ aka, i w P439 Home>Categories>Other>Please let your voice be heard and join the community in preventing SCI Funeral Services Inc.from building a proposed funeral home at the comer of E Please let your voice be heard and join the community in preventing SCI Funeral Services Inc. from building a proposed C uneral home at the corner of E Sign ' 3109 Sionatures Email friends Sign Petition Pace: 1 , 2 3 Now! 51 Name: Ron Maez on Mar 8,2012 Sponsored links Comments: NO to a funeral home so close to a tranquil beautiful neighborhood.NO to property values going down because of a funeral home. NO!!I!!! Flag 52 Name:Wenjun Hang on Mar 8,2012 - Comments : NO!NO!NO! Flag 53 Name:Wenjun Hang on Mar 8,2012 Comments:NO!II Flag 54 Name:Weide Shi on Mar 8,2012 Comments:No funeral home in our neighborhood! Flag 55 Name:Albert Miau on Mar 8,2012 Comments:No to funeral home Flag 56 Name: Kathy Miau on Mar 8,2012 Comments:Let's preserve the value of our homes; no to funeral home Flag 57 Name:Chien Tu on Mar 8,2012 Comments: Flag 56 Name: Raquel Wysocki on Mar 8,2012 Comments: Flag 59 Name: Gilbert Mugica on Mar 8,2012 Comments: Flag A & 6150 http://vvwvv.ipetitions.com/petition/no-to-Sci-funeral-home/signatures/page/2 7/18/2012 r IUd.0 IU1 your VV UU LIU UUMU a«uJt,u ute wuttlluntty in prevennng Dui runerai �ervlees... rage 2 of o P440 60 Name: Kaniz Rahman on Mar 8,2012 Comments: I do not want SCI Funeral Services Inc near my home. I am totally against it!This will reduce our property value and please do not let them build a funeral home on this site.Thank you. Flag 61 Name:Anne Diaz on Mar 8,2012 Comments:NO funeral home-it is a residential area with enough traffic.And no need to lower property value in this area. Flag 62 Name:Araceli Hernandez on Mar 8,2012 Comments: Flag 63 Name:Emie on Mar 9,2012 Comments:No Funeral Home Flag 64 Name: Francisco Oaxaca on Mar 9,2012 Comments:I am opposed to this proposed project. It is an inappropriate use in the proposed location. Flag 65 Name:Charles Pike on Mar 9,2012 Comments: - Flag 66 Name:LINH TRI on Mar 9,2012 Comments:I DO NOT WANT FUNERAL HOME NEAR OUR AREA. It will cause too much traffic .when a funeral is one it ways.Buyers will not want to buy a home near funeral home.It is my religious believes that to be near funeral home"deaths"is bad.I am so against this.I live on Sonoma Creek Court. Flag 67 Name: Howard Vo on Mar 9,2012 Comments:NO FUNERAL HOME.Just bad in every ways for our neighborhood. Flag 68 Name:Joo Y Shono on Mar 9,2012 Comments: Flag 69 Name:Andy Jayadi on Mar 9,2012 Comments:no to funeral home Flag 70 Name: Ilene Setiawan on Mar 9,2012 Comments:no funeral home,it is bad for neighborhood and traffic Flag 71 Name: Carolyn Ybarra on Mar 9,2012 Comments: Flag 72 Name: Edward Kim on Mar 9,2012 Comments:No way to the funeral home! Flao ,A & B 151 w http://ww .ipetitions.com/petition/no-to-sci-funeral-nome/signatures/page/2 7/18/2012 .W ill Picvciuuug JL,i rwicral Jcrvjues... rage i Or J P441 73 Name:Edward Kim on Mar 9,2012 Comments: No way to the funeral home! Flag 74 Name:Edward Kim on Mar 9,2012 Comments: No way to the funeral home! Flag 75 Name:Julie Lopez on Mar 9,2012 Comments: Flag 76 Name: Sylvester Maya on Mar 9,2012 Comments: I am opposed to this proposed development. It is not a goad fit for my neighborhood. Flag 77 Name:&Sylvester Maya on Mar 9,2012 Comments:I am opposed to this proposed development. Flag 78 'Name:Pam Wehmeyer,Home Owner&Real Estate Broker on Mar 10,2012 Comments:I'm a homeowner,but also Real Estate Broker-many cultures will NOT consider living in my development if funeral home happens because they will not live near anything related to death, Values will plummet again-a more suitable location should be chosen-this type business does not require a premium location to be successful. Flag 79 Name:Steve Wehmeyer, Homeowner&Real Estate Broker on Mar 10,2012 Comments: Flag Bo Name:Yusuke Shono on Mar 10,2012 Comments: Flag 81 Name:Juan Barayoga on Mar 12,2012 Comments: Flag 82 Name:Veejay Bareyoga on Mar 12,2012 Comments: Flag 83 Name: Sharon Goodman on Mar 12,2012 Comments:I live very near the site of the proposed funeral home. I DO NOT want this in our neighborhood!!! Flag 84 Name: Randy Goodman on Mar 12,2012 Comments: I am against this! Flag A & B152 http://wv c-A,.ipetitiOnS.com/petitiOn/no-to-sci-funeral-home/signatures/page/2 7/18/2012 JvL u � ,UU ui uau y ui PICVCIIL1I19 3%-1 r tuleraf >eTV1ceS... rage 4 of J P442 85 Name:Manak Sethi on Mar 12,2012 Comments:NO to the funeral home Flag 86 Name: Rishu Marwaha on Mar 12,2012 Comments: Flag 87 Name:Linda Cortez on Mar 12,2012 Comments:Well first of all, I know death is a part of life.....like It or not....but to be reminded each time I leave my neighborhood,and the traffic is will create does not make sense to me.The kids lots of them who cross Candlewood and have to see that from day to day,just have to say,glad mine are all grown up and gone.Please,there is too much land in Rancho Cucamonga,that would be better suited for a funeral home,but definately not and Etiwanda Ave and Candlewood St.Thank you, Flag Be Name:Anonymous on Mar 13,2012 Comments: _ Flag 89 Name:Seema Hireni on Mar 14,2012 Comments: Flag 90 .. Name:Ll en Hsieh on Mar 15,2012 - Comments: No to funeral home ' Flag 91 Name:Nancy A.McBeth on Mar 15,2012 Comments:There are several empty lots in Rancho Cucamonga where putting a funeral would be more appropriate.For instance,the comer of Baseline&Day Creek. The proposed location is located within a residential area. Flag 92 Name:Claudia Lim on Mar 15,2012 Comments:No funeral homes in my neighborhood please. Flag 93 Name: Hsieh, Lifen on Mar 16,2012 Comments: Flag 94 Name:Fung SiuChung on Mar 16,2012 Comments: Flag 95 Name:Mind Pham on Mar 16,2012 Comments: Flag 96 Name: Uriel Ojeda on Mar 17,2012 Comments: Flag 97 Name:Tim Dudley on Mar 18,2012 Comments:I do not want a funeral home in my neighborhood. I attended the community meeting held on 3-8-12 hald of Efiwanda Gardans Community Cantor.SCI Haims there's a nned in Rancho h //v✓ww.i etitions.com/ etition/no-to-sci-q & B 153 ttP: P p funeral-nome/signatures/page/2 7/18/2012 —� •— �-•�• •a..•. �.. .......0 uaau�uua uaa. wuuttuuu)' ul p1'CVC11L1I1g Jl.d runeral Aemces... Page of 5 P443 ^ 98 Name:Tim Dudley on Mar 18,2012 Comments:I don't want a funeral in my neighborhood. Flag 99 Name:Charlene Garrett on Mar 19,2012 Comments: Flag 100 Name:David Kang on Mar 20,2012 Comments:No to SCI Funeral Services Inc. in the neighborhood! Flag . Page: 1 2 3 A & 6154 http://www.ipetitions.com/petition/no-to-sci-funeral-home/signatures/page/2 7/18/2012 y„rU VU �c U�,IIU ru a.ru JUu, uio wiuluruntty to prevennng �,�J runeraf Jemces... vage 1 of P444 Home>Cateaories>Other>Please let your voice be heard and join the community in preventing SCI Funeral Services Inc.from building a proposed funeral home at the comer of E Please let your voice be heard and join the community in preventing SCI Funeral Services Inc. from building a proposed funeral home at the corner of E Sign Blog Signatures Email friends Sign Petition Paae: 1 , 2 , 3 Now! 101 Name: MH Choudhury on Mar 21,2012 Sponsored links Comments:Even though one day we all have to leave this wonderful world but please we do not want a funeral home next to our neighborhood for a constant reminder!Please build It somewhere else.Thanks, Flag- 102 .. Name: Grace Buonavita-Sevilla on Mar 21,2012 Comments:My family and I are opposed to the development of a funeral site in my neighborhood. My property value has plummeted as a result of the economy and this would wipe out any possibility of a recovery.Grace Saville Flag 103 Name:Jeffrey Char on Mar 22,2012 Comments:no funeral home! Flag 1D4 Name:Dominic Melillo on Mar 25,2012 - Comments:Concerned about property values,as well as traffic Flag 105 Name: Masudur Rahman on Apr 6,2012 Comments:While I am respectful of a funeral home service,I strongly oppose the idea of SCI Funeral Services Inc establishment at the comer of Etiwanda Ave and Candlewood St.The psychological discomfort of a consmat reminder of death in the neighborhood will have detrimental emotional effect on children and adults alike.There are two elementary schools in the area and our children will be subject to this exposure daily.This is would be unhealthy,cause public nuisance, deprive us of our right to the unimpaired condition of our property and reasonable comfort of our living. I am vehemently opposed to SCI Funeral Services Inc's proposal. Flag 106 Name: Rains Huang on Jun 27,2012 Comments: Flag 107 Name:Gary Olson on Jun 29,2012 Comments:I live in Etiwanda and wish to add my name to the petition in strong opposition to the Funeral Home project planned for Etiwanda Avenue near Church Street in Rancho Cucamonga.If approved,this operation will degrade quality of life and further lower our already-devastated property values. Please let me know what I can do to help stop this inappropriate proposal.Thank you.Gary Olson Flag AA& B 155 bttp://WWW.ipetitiOnS.corn/petitiOn/no-to-sci- eral-nome/signatures/page/3 7/18/2012 . ....-�. . y.... ........ ..�...,wu auu JIiu Ulc Wlllillwiliy ill prcvenorig oui r uneral Jervices... l aae 2 of 5 P445 106 Name:Susan Olson on Jun 29,2012 Comments: I am absolutely outraged at the city allowing this proposal to get this far!This is a sickening undermine to those who live in this neighborhood,and will be devastating to the area in general. It will become known as the"area by the mortuary."No one who bought into this area with their hard earned money,who now have mortgages they are upside down on,who are just trying to get by with their day-today struggles,now have this project in front of them to have to worry about. And all this after being told by every real-estate agent around(because that was what they were told by the city)that this area would be residential housing ONLY.Period.Not to mention the psychological impact of undermining those who find beyond offensive,the very presence of a hearse at any time in their[He sharing the road,let alone having to be FORCED TO WATCH THEM NOW DAY IN AND DAY OUT.This proposal has not taken into account the quality of life issues,the extreme psychological toll It will take on those having to watch in as many services as they might have in a day,the additional traffic,hearses going in and out,possible coroner vans,funeral motorcades on their way to the cemeteries,along with the traumatized and somber family and friends in the processions that can be as long and constant as the circumstances allow. I cannot believe this has been allowed to get this far and this is sickening, I have NEVER been allowed a comfortable moment and have in fact been extremely undermined psychologically when I have to see a hearse. Hearses are used for only ONE purpose-to transport dead people. This will increase traffic in an area where there are pedestrians,children walking to and from school,and people who walk for exercise. NO ONE will want to be anywhere near this kind of business and It isthe homeowners who would be stuck in a sickening way of life by feeling confined to not going outdoors and being able to use their own streets to walk on without feeling encroached upon by the business across the street.THIS TYPE of business changes the way people feel about their own lives and no one should be FORCED TO THINK ABOUT DEATH ALL DAY LONG-THIS IS TORTURE AND SO INCREDIBLY SELFISH- . ALL PARTIES INVOLVED.This proposal needs to be moved to a suitable location SOMEWHERE ELSEI!!I!!!HIM GET THE HELL OUT OF RANCHO-WE DON'T WANT YOU HERE AND YOU SHOULD BE MORE SENSITIVE CONSIDERING WHAT YOU DO FOR A LIVING TO EVEN THINK OF COMING INTO A NEIGHBORHOOD THE WAY YOU HAVE.AND TO OUR CITY COUNCIL- , GROW A BACKBONE AND DECIDE YOU ALREADY GET ENOUGH IN THE MILLIONS OF PROPERTY TAX DOLLARS TO TRY TO DO SOMETHING LIKE THIS TO YOUR TAX-PAYING RESIDENTS WHO WERE LOYAL ENOUGH TO BUY HERE AND NOW YOU WANT TO DO THIS? STOP THIS NOW! Flag 9 109 Name:L Downey on Jun 29,2012 Comments:This is outrageous and needs to be stopped.People work hard in choosing exactly where they live and NO ONE wants to live near a mortuary.NO ONE.PUT it next door to one of the city council members'homes and see how fast they will find another location...Rancho Cucamonga does NOT NEED ANOTHER MORTUARY AND DEFINITELY NOT IN ETIWANDA!!!!They are being COMPLETELY INSENSITIVE AND GREEDY.This kind of business is necessary when and where it is necessary,but it is NONE of those things here.There is a LOT of money they want to cash in on trying to make here in an area like pristine Efiwanda—make no mistake—WE DON"r NEED THEM— THEY NEED US,AND ARE TRYING TO MAKE A POINT THAT IS A LIE.THE PEOPLE DO NOT WANT THEM HERE.This is so psychologically upsetting to even think about.The people in Etiwanda and Rancho Cucamonga deserve better and more people who WILL BE AFFECTED BY THIS are not being told for only one reason—they don't want opposition-and being in this business they ALREADY KNOW THEY WOULD HAVE OPPOSITION SO THEY DONT GO OUT OF THEIR WAY TO INFORM THE PUBLIC AT LARGE WHO WOULD BE AFFECTED BY ALL OF THIS AND IT IS WELL MORE THAN THE 660 FEET OF NECESSARY-TO-INFORM GUIDELINES.THE CITY MUST LISTEN TO THEIR COMMUNITY-THE SAME ONES WHO VOTED FOR THEM,AND THE SAME ONES WHO PAY THE TAXES THAT PAY THEIR SALARIES.THIS IDEA NEEDS TO BE SCRAPPED AND PUT NOWHERE ELSE IN THE AREA-1 DONT WANT TO LIVE NEAR DEATH AND NEITHER DO ANY OF MY NEIGHBORS!!I walk on Etiwanda for exercise and see the school children and the traffic going to the schools,churches and mall.This would be catastrophic to the area's already declining property values,let alone the cultural issues dealing with death,fears everyone has on some level re:death,and not wanting to have dead people thisclose to where they live,not wanting hearses driving around and funeral parties on their way to the cemetery.This is NO WAY TO LIVE.This is no way to treat the hard-working,tax-paying, voting,residents just trying to live their lives in a world where their home is sometimes their only refuge...even as they try to make payments on homes they are upside-down on.This area was specifically sold as'residential only," and that is the predicate upon which people bought into and now own all the homes they do in this area and of which so many are upside down and this idea would plunge them even further into an untenable situation they could never get out of.WHY WOULD THE CITY PUT THE VERY PEOPLE WHO PUT THIS AREA ON THE MAP,WHO PUT THEM IN OFFICE,WHO MADE THIS AREA THE BEAUTIFUL AREA IT IS-DO THIS TO US?WHY?HOW COULD IT HAVE EVEN BEEN A THOUGHT?WHO WANTS TO HAVE TO PASS A MORTUARY TO GET TO A FUN DAY WITH FRIENDS AT THE MALL?It takes my appetite away.You can't do this to us-how could you live with yourselves?And a group of us only found out by chance this was happening the other day because we happened to notice for the first time,the sign so very"not in front so everyone could see"sign and the word"funeral"in front of the word'home."We were shocked,and this sign has not been up as long as they are saying,and with all the building going on for as many years as it has been,It is quite possible that for everyone passing It,it becomes"more of the same"of what they have come to A & 8156 http://www.ipetitions.com/petition/no-to-sci-funeral-home/signatures/page/3 7/18/2012 rtease !et your voice De neara ano,join me community in preventing S(:1 funeral Services... Page 3 of 5 P446 110 Name: C Downey on Jun 29,2012 Comments: Flag 111 Name:Steve Wysocki on Jul 11,2012 Comments: Flag 112 Name:Melani Sue Wysocki on Jul 12,2012 Comments: Flag 113 Name:Sonia Hernandez on Jul 13,2012 Comments:stop this project now!this is awful and not what I bought here to live by! I don't want to be near this! Flag 114 Name:Victor Angelo on Jul 13,2012 Comments:I don't want to live,work,shop,or be anywhere near a mortuary!What is wrong with you people at the city? Flag 115 Name:Mary Angelo on Jul 13,2012 Comments:STOP THIS PROJECT–NO MORTUARY IN ETIWANDA!GO FAR,FAR AWAY! Flag 116 Name:Liz Knight on Jul 13,2012 Comments:NO MORTUARY ANYWHERE IN ETIWANDA—NOWHERE IN ETIWANDA!!!THIS IS A PLACE FOR FAMILY,SHOPPING,GOING OUT,AND LIVING—NOT DEATH,NOT HEARSES, NOT LIMOS CARRYING SAD, GRIEVING FAMILIES.NOT HERE NOT EVER!It is hard enough on the people who made this area so nice and to totally downgrade it as a place for the dead who do not belong with the living?!!!!!!!!!!!Get out!This area has been special for too many years before It was even developed into what It is today and to desecrate the families who moved here with the understanding they would be unto themselves as single family residents only without having to worry about something SO HORRIFIC!NO MORTUARY ANYWHERE IN ETIWANDA—WE DONT NEED ANOTHER FUNERAL HOME!AND TO THINK THEY ARE STILL PLOWING THROUGH WITH THIS EVEN THOUGH THEY KNOW HOW WE ALL FEEL ABOUT THEM BEING HERE—AND BRINGING IN AN ELEMENT WE DON'T NEED!Who knows what kind of people will be involved with coming to this area to"see"their dead whoever...disgusting! Flag 117 Name:Beckka Ebbenkamp on Jul 13,2012 Comments:NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO!!!!!NO MORTUARY ANYWHERE IN RANCHO CUCAMONGA, ETIWANDA,ALTA LOMA,OR ANYWHERE ELSE NEAR HERE...WE DON'T NEED IT!WE ALREADY HAVE THE TWO WE NEED.GO AWAY YOU MONEY MONGERS!THIS MAKES ME SICK. Flag 118 Name:Karen Miller on Jul 13,2012 Comments: I HAVE HAD my business here in Rancho Cucamonga very close to Etiwanda and Church for many years. I DO NOT WANT THIS MORTUARY HERE! I do not want my clients having to go by that location and have to think about death.This is NOT a.business for Etiwanda/Rancho Cucamonga. It will bring down values of properties,and everything around It.Mortuaries are not synonymous with bringing ANYTHING good to an area.They are in it for the money and take advantage of people when they are most vulnerable.This business is only here because they want to get a stronghold in the area and screw the community.Not this time. NO MORTUARIES ANYWHERE IN RANCHO CUCAMONGA—WE DO NOT HAVE A NEED AND ESPECIALLY ANYWHERE AROUND HERE.WE HAVE OTHER CHOICES WHEN IT COMES TO THIS SUBJECT and forcing people to live near something so vile and upsetting on a daily basis,7 days a week,as their"new" way of4ife is disgusting.SHAME ON YOU SCI_YOU-KNOW WE DONT WANT YOU HERE.THERE WERE ENOUGH PEOPLE WHO SHOWED UP AT YOUR MEETING TO TELL YOU HOW THEY FELT.GUESS ALL THAT COMPASSION AND INTEGRITY ON YOUR WEBSITE ONLY APPLIES & 9157 http://wa>v,.ipetitions.com/petition/no-to-sci- eras-rime/signatures/page/3 7/18/2012 nuu Jvu, uic wuuuwutJ iii ptevectting Jl,l runeral Jervices... rage 4 Of J P447 119 Name:Diana Wills on Jul 13,2012 Comments:We don't want this here!! Flag 120 Name:Diana Wills on Jut 13,2012 Comments: We don't want this here!! Flag 121 Name:James Lani on Jul 13,2012 Comments: Because of the nature of the business,I do believe the existing homeowners in the surrounding area have great weight in allowing this project to continue.If they don't want it,then neither do I. Flag 122 Name: M Kestennann on Jul 14,2012 Comments: I live with my niece many months of the year when I come home and I have kidney disease and am awaiting transplantation surgery. I am scared most of the time I won't get a kidney in time and could absolutely NOT BEAR to be around,near,or forced to see death around me at all times.I walk Etiwanda with my niece,we go to shopping,out for a meal,and It would just change how I feel about my chances.You are asking TOO MUCH from humanity to put up with such a SELFISH proposal to shove death into the faces of those who live there,and who have made that area what it is.You funeral homelmortuary people are very forceful,pushing,sickening,and black-hearted to do this when the community has already spoken—and we SAID NO! Flag 123 Name: Leon And Katie Salajan on Jul 15,2012 Comments: I do not agree with this proposal and believe it will psychologically effect young and old people.We deserve the right to live in our home and be free of the sight of death everyday.I am terribly sadden for the young children who will have to face this sight often, Flag 124 Name: Laura Losquadro on Jul 16,2012 Comments: Flag 125 Name: Gee Kim on Jul 17,2012 Comments: Please do not allow a funeral home to be built in our neighborhood.This will NEGATIVELY impact the neighborhood in many ways! Flag 126 Name:Samuel Kim on Jul 17,2012 Comments:This is a family neighborhood and a funeral home is not a good not a good fit here. Flag 127 Name: Julie Lopez on Jul 17,2012 Comments: Flag 128 Name:Monica on Jul 17,2012 Comments: No!!!!!!!This would not be good for this c Flag 129 Name: Mary Szitkar on Jul 17,2012 Comments:no mortuary Flag 130 Name: Michael Bushnell on Jul 17,2012 Comments:We do not want this funeral home going in. A & B158 http://w>wwr.ipetitions.com/petition/no-to-sci-funeral-home/signatures/page/3 7/18/2012 1�t y„W vu,�c uu riuwu auu Jvut utc wruutuur y to prevennng runerat �!,ervtces... rage D of P448 131 Name:Anonymous on Jul 17,2012 Comments:we support this petition.building a funeral home in this area could cause property values in the area to drop.In addition,It will create traffic problems. Flag 132 Name: MEREDITH YOUNG on Jul 17,2012 Comments: No funeral home please!!!!!!!!!!! - Flag 133 Name: David J. Lord on Jul 17,2012 Comments: Flag 134 Name:CHARLES RITZ on Jul 17,2012 Comments: Flag 135 Name:Owen St Germain on Jul 18,2012 Comments: I live directly across the street on Etiwanda from this proposed site and I don't want this to be built here. Flag 136 Name:Jung Kim on Jul 18,2012 Comments: Flag 137 Name: Kestermann on Jul 18,2012 Comments:Please remove my email address from your computer. This is a one time vote. Flag Page: 1 2 3 q & B159 http://w,✓m.ipetitions.com/petition/no-to-sci-funeral-nome/signatures/page/3 7/18/2012 P449 DESIGN REVIEW COMMENTS 7:00 p.m. Mike Smith March 20, 2012 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. - A request to construct and operate a funeral home that will not include a crematory, nor conduct embalming, with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (Note: The final area of the parcel is subject to the outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located near the southeast corner of Etiwanda Avenue and Candlewood Street - APN: 1100-031-07. Related file: Development Review DRC2011-01094D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC201 1-0 1 094D - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. - A review of a proposed funeral home that will not include a crematory, nor conduct embalming, with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (Note: The final area of the parcel is subject to the outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located near the southeast comer of Etiwanda Avenue and Candlewood Street - APN: 1100-031-07. Related file: Conditional Use Permit DRC2011-01094. (Mike/Carlo) Background: Previously, on the subject parcel and the parcel to the south (APN: 1100-041-01) an office/retail development comprised of seven (7) buildings with a combined floor area of approximately 56,000 square feet was approved by the Planning Commission (Related file: Development Review DRC2004-00716). The approval of this development application expired on April 27, 2010. Site Characteristics: The project site is a vacant, irregularly shaped parcel of approximately 164,200 square feet (3.77 acres) located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street. As part of the proposal the applicant has submitted a lot line adjustment (related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line that separates the subject parcel and the parcel to the south and reduce the land area of the project site (Exhibit A). Following the adjustment, the rectangular parcel will have an area of approximately 101,000 square feet (2.32 acres) with overall dimensions of approximately 350 feet (east to west) by approximately 307 feet (north to south). To the west, across Etiwanda Avenue, and north, across Candlewood Street, of the project site are single-family residences. To the east is the 1-15 Freeway. To the south of the project site, are two small buildings — a post office and an office, while immediately to the northwest of the project site is the historic Cour House. Neither the office buildings nor the Cour House are part of this project. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low-Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use (MU) District, Victoria Planned Community. The subject property is generally level with a southeasterly slope; the elevations at the northwest and southeast corners are approximately 1,265 feet and 1,255 feet, respectively. EXHIBIT Q A & B160 P450 DRC ACTON AGENDA DRC2011-01094 AND DRC2011-01094D - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC March 20, 2012 Page 2 Design Parameters: The applicant proposes to construct a one-story funeral home of 6,911 square feet. The proposed funeral home will be located generally at the 'front' center of the project site and will comply with the development standards applicable to this zoning district as described in Sections 5.23.309 (Setbacks) and 5.24.304 (Etiwanda Avenue Overlay Setbacks) of the Etiwanda Specific Plan. Specifically, the proposed building will be setback from the property lines at Etiwanda Avenue and Candlewood Street by approximately 93 feet and approximately 127 feet, respectively. The proposed building will be approximately 59 feet from the south property line and approximately 195 feet from the re-aligned east property line (following the aforementioned lot line adjustment). The proposed building will be approximately 33 feet from the common property fine that is shared with the Cour House property. The architecture of the proposed building will be consistent with the general design requirements outlined in Section 5.42.600 of the Etiwanda Specific Plan. The proposed building will be designed in the California Bungalow style. Incorporated into the architecture will be traditional materials such as river rock, wood siding, and decorative details such as wood brackets and rafter tails at the roof eaves and decorative trim around the windows. All materials and details will be applied on all elevations of the building. The roofing will be composition shingle. The building will have a well articulated profile. At the front entrance on the west side of the building, there will be a prominent focal point featuring a 24-foot high entry portico with a low-pitched roof, decorative support columns, and a large paned window above it. On the north side, there will be a porte-cochere of 1,371 square feet. This feature will have a low-pitched roof and decorative support columns. At the south side of the building, there will be a patio with a lattice cover. Because of the raised roof over the attic, the roof line will be varied; a set of dormers will be included on this raised portion of the roof. Loading and unloading will be via a roll-up door at the east side of the building. All HVAC equipment will also be located at the east side of the building. The architecture of the building will be consistent with the design goals and policies of the Design Review Committee and Planning Commission including "360-degree architecture" and extensive use of high quality materials. . Furthermore, the architecture of the building will .complement the single-family residences that front the street along Etiwanda Avenue and the historic Cour House. As the building will be plotted generally at the front center of the site, the majority of the parking will be located on the east side of the site, to the rear of the building. Two vehicle access driveways are proposed - a main driveway at Etiwanda Avenue and a secondary driveway at Candlewood Street. Landscaping will be provided throughout the parking lot and perimeter of the project site. At the east (rear) side of the project site, the applicant proposes to have a large area of approximately 65 feet (east to west) by approximately 240 feet (north to south), which will be landscaped and otherwise left undeveloped to allow for on-site retention of storm water and future expansion of the parking lot. Drive aisles will connect the subject site with the relatively undeveloped parcel (APN: 1100-041-01) to the south/east with the intent of allowing reciprocal access in the future. Another drive aisle will connect with the Cour House property with the intent of fulfilling the development plans of that property that were approved by the Planning Commission (Related file: Landmark Alteration Permit DRC2003-01046). Staff Comments: The following comments are intended to provide an outline for Committee discussion. Maior Issues: The following broad design issues will be the focus of Committee discussion regarding this project. None. A & B161 P451 DRC ACTON AGENDA DRC2011-01094 AND DRC2011-01094D - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC March 20, 2012 Page 3 _Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues. 1. The decorative trim around the windows and doors shall be constructed of real wood and not foam. 2. The river rock veneer shall be constructed of real river rock as opposed to a synthetic or man-made veneer. 3. Incorporate 36-inch high stone walls or bermed landscaping along Candlewood Street frontage to screen the parking lot. 4. The trash enclosure shall be constructed per City standard and shall incorporate some of the materials used on the building including real river rock veneer. Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion. 1. All ground-mounted equipment and utility boxes, including transformers, back-flow devices, etc., shall be screened by a minimum of two rows of shrubs spaced a minimum of 18 inches on center. This equipment shall be painted forest green. 2. The Double-Detector Check (DDC) and Fire Department Connection (FDC) shall be screened with a 4-foot high decorative block wall, subject to the review and approval by the Planning Department and Fire Construction Services. 3. All doors shall match the color of the adjacent wall. 4. All signs are subject to the City's Sign Ordinance. Staff Recommendation: Staff recommends that the project be approved and forwarded to the Planning Commission for review and action. Design Review Committee Action: The Committee approved the project as presented subject to the Secondary and Policy Issues identified by staff. Members Present: Munoz, Wimberly, Granger Staff Planner: Mike Smith A & 6162 Rancho Cucamon o Development Code Section 17.]0.010 P452 CHAPTER 17.10 Commercial/Office Districts Section 17.10.010 - Purposes and General Plan Consistency A. The following objectives have been formulated for the commercial and office districts for the implementation of the General Plan goals and objectives. 1. Provide appropriately located areas for office uses, retail stores, and service establishments to meet the needs of the community. 2. Promote and encourage office and commercial locations and designs to be conveniently accessible by bicycle and foot, as well as by automobile. 3. Promote and encourage office and commercial uses to be designed.in centers or like groups for the convenience of the public and to avoid creating nuisances among adjacent land uses. 4. Use and promote open spaces and landscaping to create a visually pleasing environment, as well as to distinguish city and neighborhood boundaries. 5. Intensified or regional-related commercial uses shall be organized and designed to promote maximum opportunity for transit usage. 6. It is intended that commercial/office uses shall be organized and designed to promote maximum opportunity for transit usage. 7. Commercial and office development shall exhibit the highest standards of site planning, architecture, and landscape design. Section 17.10.020 - Commercial Office Districts These districts have been created for implementation of the goals, objectives, and land use designations of the General Plan. A. Office/Professional District (OP). This district is intended primarily for the development of professional/administrative offices and personal services rather than commodities. Site development regulations and performance standards are designed to make such uses relatively compatible with residential uses. B. Neighborhood Commercial District (NC1. This district is intended to provide areas for immediate day-to-day convenience shopping and services for the residents of the immediate neighborhood. Site development regulations and performance standards are intended to make such uses compatible to and harmonious with the character of surrounding residential or less intense land use area. C. General Commercial District (GC). This district is intended for general commercial activities and services of a more intensive nature. These uses would be located primarily along major transportation routes and would include major shopping facilities, major service-oriented EXHIBIT R 17 ,0_, 10108 A & B163 Rancho Cucamonga Development Code Section 17 10 030 P453 uses, major financial and corporate headquarters which are designed to serve the City or the region as a whole. Section 17.10.030 - Use Regulations Uses listed in Table 17.10.030 shall be allowable in one or more of the commercial districts as indicated in the columns beneath each commercial district. Where indicated with the letter T." the use shall be a permitted use in that district. Where indicated with the letter "C," the use shall be a conditional use subject to the Conditional Use Permit process. In the event there is difficulty in categorizing a given use in one of the districts, the procedure outlined in Section 17.02.040 shall be followed. Table 17.10.030 - Use Regulations for Commercial/Office Districts P= Permitted Use C= Conditional Use Permit Required Use Ithe NC GC A. Offices and Related Uses 1. Administrative and executive offices. P P 2. Artist and photographic studios, not including P P sale of equipment or supplies. 3. Clerical and professional offices. P P P 4. Financial services and institutions, including drive- through P P P banks. 5. Medical, dental, and related health services (non- animal related), including laboratories and clinics; P P P only the sale of articles clearly incidental to the services provided shall be ermitted. 6. Prescription pharmacies, (also when located within a building containing the offices of 5 or more P P P medical ractitioners 7. Public buildings (city and county buildings, special P P P districts, and post office), 8. Public utility service offices. P P P 9. Public safety facility (police, fire, ambulance and C C C paramedics). 10. Related commercial uses (blueprinting, stationary, quick copy, etc.) when incidental to an office P P P building or complex. B. General Commercial Uses 1. Antique shops. P P 2. Animal Care Facility (animal hospital, veterinarian, commercial kennel, grooming). a, Excluding exterior kennel, pens, or runs. C P P b. Including exterior kennel, 2ens or runs. C 3. Apparel stores. P P 4. . Art, music, and photographic studios and supply P P P stores. 17.10-2 10108 A & 6164 Rancho Cucamonga Develol2ment Code Section 17.10.030 P454 Use OP NC GC 5. Appliance stores and repair. P P 6. Arcades (see special requirements per Section 17.10.030 FA. C C 7. Athletic and Health Club, gyms, and weight reducing clinics. P P p 8. Automotive sales and services (including motorcycles, boats, trailers, and campers). a. Sales. C C b. Rentals. C C. Repairs (major engine work, muffler shops, painting, body work, and C upholstery). d. Coin-op washing. C C C e. Automatic washing. C C C f. Service or gasoline dispensing stations (including minor repair such as tune-ups, C C P brakes, batteries, tires, mufflers). g. Parts and supplies. P _ P h. Tire sales and service (no outdoor stora e . P 9. Bakeries (retail only). P P 10. Barber and beauty shops. P P P 11. Bicycle shops. P P 12. Blueprint and photocopy services. P P P 13. Book, gift and stationary stores (other than adult related material . P P P 14. Candy stores and confectionaries. P P 15. Catering establishments. P 16. Cleaning and pressing.establishments. P P P 17. Carpenter shop or cabinet shop. P 18. Cocktail lounge (bar, lounge, tavern) including related entertainment. a. Operated independent of a restaurant. C C b. Accessory to a restaurant. C C C 19. Commercial recreation facilities. a. Indoor uses such as bowling, theaters, billiards, etc. C C P b. Outdoor uses such as golf, tennis, C C C basketball, baseball, trampolines, etc. 17.10-3 10/08 A & B165 Rancho Cucamonea Development Code Section 17 10 030 P455 Use OP NC GC 20. Dairy product stores. p p 21. Delicatessens. p p 22. Department stores. p 23. Drive-in businesses, including theaters. (other than C C fast food restaurants). 24. Drug stores and pharmacies. P P P 25. Equipment rental yards. C 26. Electronic goods (i.e. N's, stereos, radios, VCR's) P P sales and service. 27. Fast-food restaurants. C C P 28. Feedffack stores. p p 29. Florist shops, p p p 30. Food stores and supermarkets. p p 31. Furniture stores, repair and upholstery. P p 32. General retail stores. P p 33. Hardware stores. P p 34. Home improvement centers. a. Material stored and sold within enclosed P P buildings. b. Outdoor storage of material such as C lumber and building materials. 35. Hotels and Motels. C p 36. Ice Machines (outdoor). p p 37. Janitorial services and supplies. p p 38. Jewelry stores. p p 39. Laundry self-service. P p 40. Liquor stores. C C 41. Kiosks for key shops, film drops, etc. in parking lots. P P 42. Locksmith shop. P p 43. Massage establishments. C 45. Mortuaries and cemeteries. C C C 46. Music, dance, and martial arts studio. p I p 47. Newspaper and magazine stores. P p p 17.10-4 10/DB A & 6166 . Rancho Cucamonga Development Code --- P456 Seciion 17.10. Use OP NC GC 48. Nurseries and garden supply stores; provided, in the NC district, all equipment, supplies and material are kept within an enclosed area, and provided that P P fertilizer is stored in packaged form on y. 49. Office and business machine stores. P P P 50. Office supply stores. P P 51. Parking facilities (commercial)where fees are charged. P P 52. Pawn shops. C 53. Pet shop. P P 54. Political or philanthropic headquarters. P P P 55. Plumbing shop and supplies. P 56, Photocopy. P P P 57. Printing shops. P 59. Restaurants (other than fast food). a. With entertainment and/or cocktail lounge and bar. C C C b. Incidental serving of beer and wine but without a cocktail lounge, bar, P P P entertainment, or dancin . 60. Shoe stores, sales and repair. P P 61. Second-hand store. C C 62. Shopping Center subject to provisions in Section 17.10.030-F.4. C C 63. Spiritualist readings or astrology forecasting. P 64. Sporting goods stores. - P p 65. Stamp and coin shops. P P 66. Swimming pool supplies. P P 67. Tailor. P p 68. Taxidermists. P 69. Thrift store. C C 70. Toy stores. P P 71. Travel agencies. P P P 72. Transportation facilities (train and bus, taxi depots). C C C 73. Truck and trailer rental, sales and service. C 17.10-5 10/08 A & 8167 Rancho Cucamoneo Development Code P457 Section 17 10 030 Use OP INC GC 74. Variety stores. P P C. Public and semi-public uses 1. Day Care Facilities. C C C 2. Convalescent facilities. P P 3. Hospitals. C C 4. Private and public clubs and lodges, including YMCA, YWCA, and similar youtri group uses. C C C 5. Educational institutions, parochial, private (including colleges and universities). C C C 6. Libraries & museums, public or private. P P P 7. Parks and recreation facilities, public or private. C C C 8. Public utility installations. C C C 9. . Vocational or business trade schools. C C C 10. Churches, convents, monasteries, and other religious institutions. C C C 11. Emergency Shelters C D. Accessory Uses 1. Accessory structures and uses customarily incidental to a permitted use and contained on the same site. P P P 2. Accessory structures and uses customarily incidental to a conditional use and contained on the C C C same site. 3. Caretakers residence. P P P 4. Amusement Devices, per Section P P E. Temporary Uses 1. Temporary uses as prescribed i P P and subject to those provisions. C C 2. Temporary offce modules, subje Section 17.10.030-F.3. P=Permitted Use C= Conditional Use Permit Required 17.10-6 10/08 A & 8168 P458 Etiwanda Specific Plan Part II Chapter 5 ETIWANDA SPECIFIC PLAN (ESP) USE DISTRICT NC FC GC OP Administrative,business,and professional offices P P P Ambulance services .. . . . . . . . . . . . . . . . C C Antique shops . : . . . . . . . . . . . . . . . ... . . P P Amusement enterprises such as fairs, merry-go-rounds, Ferris wheels or carousels, and similar uses operated on a temporary basis . . . . . . . . . . . . . . . . . . . C C Apparel stores P p Art and artist's supply.stores P p P Art galleries and stores selling objects of art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P p Automobile rental agencies _ p P Automobile repairs (major engine work, muffler shops, painting, body work, and upholstery) . . . . . . .'. . . . . . . . . . . . . . . . C Automobile sales and service agencies p p Automobile supply stores . . . . . . .. . . . . p p p Automobile upholstery and top shops . . - p Automobile washing, including use of mechanical conveyors, blowers, and steam cleaners ... . . . . . . . . . . . . . . . . . . C C Automobile washing, self-service . . . . . . C C C Bakeries, baking of items for sale on premises only . . . . . . . . . . . . . . . . . . . WP _ p Barbershops and beauty shops . . . . . . p P Bicycle shops . . . . . . . . . . . . . . . . . . . . p Blueprint and photocopy services . . . . p P Book stores Bowling alleys . . . . . . . . . I . . . . . . . . . . p Business and office services . . . . . . . . p p 5-13 8/94 A & B169 P459 Etiwanda Specific Plan Part II Chapter 5 USE DISTRICT NC FC GC OP Camera and photography shops and studios . . . . . . . . . . . . . . . . . . . . . . . . . . P P P Candy stores and confectionaries . . . . . P - P Carpet and rug sales and installation . . . P P Catering services . . . . . . . . . . . . . . . . . . P P China and glassware stores . . . . . . . . . . P P Christmas tree sales lots operated on a temporary basis . . . : . . . . . . . . . . . . . . . P P P Churches . . . . . . . . . . . . . . . . . . . . . . . . C C C Cigar stores and smoke shops . . . . . . . . P P C Cleaning establishments and laundries, self-service or coin-operated . . . . . . . . . P P P Cleaning and laundering services and pickup agencies without bulk cleaning P P P Cocktail lounges . . . . . . . . . . . . . . . . . . . C C Commercial recreation indoor facilities (bowling, theaters, billiards) . . . . . . . . . . - P Curtain and drapery shops . . . . . . . . . . . P - P . Delicatessens and specialty food stores P - P C Department stores,junior . . . . . . . . . . . . C - Drug stores and pharmacies . . . . . . . . . P - P P Electrical equipment sales and repair shops . . . . . . . . . ... . . . . . . . . . . . . . . . . - P Electronic parts and equipment sales . . P P P Equipment rental agencies with no outside storage . . . . . . . . . . . . . . . . . . . . . . . . . . P P P Financial institutions, including banks, savings and loan associations, finance companies, and credit unions . . . . . . . . . P P P Floor coverings shops . . . . . . . . . . . . . . P P Florists . . . . . . . . . . . . . . . . . . . . . . . . . . P P P P Food stores . . . . . . . . . . . . . . . . . . . . . . P P Furniture repair and upholstery shops . . P Furniture stores . . . . . . . . . . . . . . . . . . . P P Gift shops and greeting card shops . . . . P P P 5-14 8/8/94 A & 13170 P460 E,iwanda Specific Plan Par,I1 Chapter i USE DISTRICT INC FC GC OP Glass replacement and repair shops . . . P Hardware stores and home improvement centers . . . . . . . . . . . . . ... . . . . . . . . . . . Heating and ventilating shops, not including sheet metal fabrication . . . . . . P Hobby shops . . . . . . . . . . . . . . . . . . . . . P P Hotels and motels . . . . . . . . . . . . . . . . . . P P Household appliance sales and repair shops . . . . . . . . . . . . . . . . . . . . . . . . . . . P P Ice cream stores and soda fountains . . . P P Interior decorating shops P P C Janitorial services and supplies . . . . . . . P P Jewelry stores . . . . . . . . . . . . . . . . . . . . P P Leather goods and luggage stores . . . . . P P Linen supply services . . . . . . . . . . . . . . . P Liquor stores . . . . . . . . . .. . . . . . . . . . . . C C Locksmiths . . . . . . . . . . . . . . . . . . . . . . . P P Medical and dental offices and clinics . . C P P Messenger services . . . . . . . . . . . . . . . . P P P Mortuaries P C Motorcycle sales and services . . . . . . . . P P Music and dance studios P P Music stores . . . . . . . . . . . . . . . . . . . . . . P P Musical instrument repair shops . . . . . . P P Nurseries and garden supply stores in a building or fully screened enclosure with no fertilizer products in bulk form . . . . . . P P P Nurseries and garden supply stores . . . P P Office and business machine stores . . . P P Office supply stores . . . . . . . . . . . . . . . . P P Optician and optometrical shops . . . . . . P P P Paint, glass, and wallpaper stores . . . . . P P Pet and bird stores . . . . . . . . . . . . . . . . . P P 5-15 8194 A & B171 P461 Etiwanda Specific Plan Part 11, Chapter 5 USE DISTRICT NC FC GC OP Phonograph record stores . . . . . . . . . . . P P Photographic developing and printing . . P P P Pinball and electronicgames arcades C C Printing, publishing, lithography, and engraving . . . . . . . . . . . . . . . . . . . . . . . . - P Private recreation buildings, or facilities C C Public utility or public service structures and installations . . . . . . . . . . . . . . . . . C P . Radio, stereo, and television sales and repair . . . . . . . . . . . . . . . . . . . . . . . . . . . P P Realtors and real estate offices . . . . . . . P P P P Restaurantswith incidental serving of beer and wine, but without a cocktail lounge, bar, entertainment, or dancing . . . . . . . . P P P P• Restaurants having drive-in, drive- through, or walk-up service C • P P Restaurants, cocktail lounges, bars, dancing,or other establishments providing live entertainment . . . . . . . . . . . . . . . . . . C G C Secretarial services . . . . . . . . . . . . . . . P P. P Service or gasoline stations (including minor repair such as tune-ups, brakes, batteries, tires, mufflers) . . . . . . . . . . . . . C P P C Shoe stores and shoe repair shops . . . . P - P Sporting goods stores . . . . . . . . . . . . . . P - P Stationery stores . . . . . . . . . . . . . . . . . . P - P P Swimming pool service and sales . . . . . P - P Tailor shops . . . . . . . . . . . . . . . . . . . . . . P - P Theaters and auditoriums within buildings - - P P Toy stores . . . . . . . . . . . . . . . . . . . . . . . . P - P Travel agencies and bureaus . . . . . . . . . P - P P Typewriter sales&service establishments P - P P Variety stores . . . . . . . . . . . . . . . . . . . . . P - P 5-16 8/94 A & 6172 P462 Etiwanda Specific Plan Part II Chapter 5 USE DISTRICT INC FC GC OP Veterinarian's offices and small animal hospitals, including short term boarding of animals and incidental care such as bathing and trimming;with all operations conducted within a building which is completely enclosed, soundproofed, and air conditioned . . . . . . . . . . . . . . . . . . . . P Watch and clock repair shops . . . . . . . . P p Wholesale business establishments without warehousing or distribution . . . . P Yardage goods stores .`. . . . . . . . . . . . P P .300 Common Provisions Applicable to All Commercial and Office Districts The following regulations shall apply in all Commercial and Office Districts: .301 Parking and Loading: Off-street parking and loading facilities shall be provided for each use as prescribed in the Development Code. .302 Signs: No sign, outdoor advertising structure, or display of any type shall be permitted except as prescribed in Article 5.25.406 and the City Sign Ordinance. 303 Service Areas, Refuse Collection Areas, and Trash Bins: All service areas, refuse collection areas, and trash bins shall be completely screened by a solid wall or fence not less than 6 feet in height, or shall be enclosed within a building. Exterior trash bin enclosures shall be constructed to conform to City specifications. .304 Exterior Lighting: Exterior lighting shall be arranged or shielded in such a manner as to contain the direct illumination on the site and to avoid glare in nearby residential areas. .305 Exterior Mechanical Equipment: All exterior mechanical, heating, and air conditioning equipment shall be screened from view. .306 Business Activities, Services, and Processes: 5-17 4/96 A & B173 P463 PROJECT DISCRIPTION The proposed project is a development of multi-use facility on a 4.9 acre parcel. The project is comprised of the construction of.a funeral home on 2.32 acre. The funeral home shall have 168seat chapel and a gross floor area of 6911 S.=. There is a future plan to construct an office building complex with a total gross floor area of 24,100 SF on 2.58 acre remainder parcel. The concept grading plan provided as exhibit 2 inthis report shows separate full access driveways for each ofthe.proposed facility. Each facility has one driveway onEtiwanda Avenue and another an Candlewood Avenue. No common driveway for the.facifities is proposed.The driveway for the office building complex atEtiwanda Avenue; will be located at the same location as an existing post office driveway. ANALYSIS METHODOLOGY The traffic analysfs:of trips generated bythe 4.9 acre development is.done by determining the operating condition of the intersection of Etiwanda:Avenue at Candle Avenue during the street am and pm peak{lours for the.following time frames/scenarios: • Existingyeac2012 without:projecttrafric + Projectfull development,in year,2013 with project traffic The analysis of the funeral home driveway-at Etiwanda-Avenue driveway is performed with the chapel filled tocapacity and without funeral:procession.The analysis for.2013 project opening year condition assumes thatthe peak:hourof generator corresponds to.the street peak hour. The analysis of the funeral home escort procession traffic as it impacts thru traffic on Etiwanda.Avenue is performed using data from.a model .facility at 124 S. Citrus Avenue,Covina,California.The estimated time of road closure..at:the funeral home driveway, is determined by prorating data from the.model on the proposed facility on the basis of the chapel capacity. Signalized intersection capacity software is used to determine possible queue on Etiwanda Avenue during the closure. The Transportation Research Board—Highway Capacity.Manual (HCM), 2000 Update, or most recent release is used for the operational analysis of intersection. Un-signalized intersections are analyzed using Chapter 17 of the Highway Capacity Manual. This study is also prepared consistent with 'Level of Service Definition& Procedures" below. Level of Service Definitions and Procedures Roadway operations and relationship between capacity and traffic volumes are generally expressed in terms of level of service (which is defined using the letter grades A through =).These levels recognize that while an absolute.limit exists as to the amount of traffic traveling through a given intersection (the 2 EXHIBIT S __._.. ___A & B 174 P464 absolute capacity);the conditions that motorists experience rapidly deteriorate as traffic.approaches the absolute capacity. Under such conditions, congestion is experienced.There is general instability in the traffic flow, which means that relative small incidents (e.g., momentary engine stall) can cause considerable fluctuations in speeds and delays.This near-capacity situation is labeled Level of Service (LOS) 'E'. Beyond LOS E, capacity has been exceeded, and arriving traffic will exceed the ability of the intersection to accommodate it. Upstr=_am queues will then form and continue to expand in length until demand again declines. A complete description of the meaning of levelof service can be found in the Highway Research Board.Special Report 209, Highway Capacity Manual.The manual establishes levels of service A through F.Table A provides brief descriptions of the six levels of service, as abstracted from the Manual. TABLE A-Level of Service Definitions LOS .Description :A :No approach phase is fully Utilized by.traffic and.no.vehicles.waits longerthanone red _ indication.Typically,the approach appears-quite open,turnsrare made easily and nearly all drivers find freedom of operation. B This.service level represents stable operation,where an occasional approach phase is fully. .utilized.and<a substantial number are approaching.full use.:Manydrivers:begin'to.feel restricted within platoons:ofvehicles. C This.le'vel still represents stable operation conditions..Occasionally drivers may have to wait through more than one red signal indication,and:backups may develop behinciturning vehicles. Most drivers fell somewhat restricted, but not objectionably so. D This level encompasses a zone of increasing restriction approaching instability at the intersection. Delays to.approachingvehicles may be substantial during short peaks periods; however, enough cycles with lower demand occur to permit periodic clearance of developing queues,thus preventing excessive backups. E Capacity occurs at the upper end of this service level. It represents the most vehicles any that any particular intersections approach can accommodate. Full utilization of every signal is seldom attained no matter how great the demand. 3 _— A & B175 P465 F This level describes forced flow operations at low speeds,.where volumes exceed capacity. These conditions usually result from queues of vehicles backing up from a restriction downstream.Speeds.are reduced substantially and stoppages may occur for short.or long periods of time due to the congestions. In the extreme case, both speed and volume can drop to zero. Table B shows the level of service criteria for un-signaliz=_d and signalized intersections. Table B—Level of. service C.iteriaafor unsignaii>_ed and Signaiizedantersections Level of Unsignaiized lntersection Average Signalized Intersection Average.Daily Service Daily,;per Vehicle (sec) per Vehicle sec) A -10 d0 B >10 and 5 15 >10.and5 20 C >15 and 5 25 >20 and <35 D >25 and <_35 >35.and <55 E I > 35 and_< 50 > SS and 580 F >50 >80 Level of Service Threshold Criteria Intersections under City of Rancho Cucamonga jurisdiction operating at LOS "E" or"F" are required to be mitigated to LOS "D"or better. EXISTING STUDY AREA CONDITION The project study area condition describes roads that may potentially be.impacted by the project . 4 _ A & 8176 P466 Existing.Roadway Systems Regional access to the site is derived from Interstate 15 and 210.The closest freeway access ramps are located on Baseline Avenue to the north and Foothjll.Blvd to the south. major streets and highways in the immediate site vicinity are Etiwanda.Avenue, classified 4-lane secondary highway with bike lane, and Church Street also aCity classified-secondary highway. Church Street is further classified as a functionally tertiary road in the City General plan. Etiwanda Avenue within the project limits is to be developed to the general plan designation.The study intersection traffic control and lane configuration are provided.in exhibit 3. Euisting.2012 Traffic Volumes Existing 2012 turning movement count at study intersection was performed:on Tuesday January 3'1,2012.The count sheets are contained in Appendix A. Exhibit 4A and 413 provide the existing intersection.tuming movement volumes. P.ROJECTTRIP GENERATION Tables land 2 provide the trip generation.There is no land use.category for the Funeral Home use:of a commercial facility. Most funeral homes are also worship centers to provide religious.services..The weekday:peak:hour traffic was therefore computed using the Institute of Transportation Engineers (ITE),Trip.Generation(sv Edition ):average rates for'Land:Use.560' (Church)to represent the funeral home land use..Land Use 710(General office Building) is used forthe office complex. In order to determine the delay to traffic as a:result of temporary interruption of traffic to allow for funera 1.procession,Custer Christiansen Mortuary in the-city of Covina was selected as a model site. A funeral .processionevent was videotaped.The videotape is provided as a part ofthis report.Table 3, provides traffic data information generated from She model event. TRIP DISTRIBUTION&:ASSIGNMENT Trip distribution pattern for this project traffic was developed to reflect existing traffic volume distribution at study intersection. Exhibits 5A and 5B represent the trip distribution and assignments. FUTURE STUDY AREA CONDITION Future Etiwanda Avenue at the project frontage will be widened to provide a two lane north bound with two-way left turn median. Exhibits 6 provides the lane configuration and controls at the study intersection and analysis driveway. The future traffic volumes without the project were generated using an expansion factor of 2%yearly growth projected to year 2013. 5 A & B 177 P467 APPROVED AND PENDING PROJECTS No project identified in the City of Rancho Cucamonga is pending with any significance to impact the study intersection during the time frames represented in this report. TRAFFIC ANALYSIS Appendix.B provides the operational analysis worksheets for the analysis scenarios discussed in the analysis methodology section of this report.Table 4,summarizes the analysis results except for the result of the funeral procession traffic analysis. Contemporary operational.analvsis;provided on Table 4 show that the addition of Project traffic will have insignificant impacton the study intersection.and funeral driveway. The proration of.data from the:model facility tothe propose d.funeralihome.facility andsubsequent analysis, provides the following: • IT TOOK 2'NUNS OF ROAD CLOSURE AT THE MODEL LOCATION TO PASS 30 VEHICLES TN A PROCESSION AT THE LOCATION WITH 105 SEATS ]N:TNE CELAPEL AND 115 ATTENDEES.IT WILL THEREFORE TAPE A.PPI20XIIvIA.TELy 3IvIINS .AND 44 SECS TO PASS 56 VEHICLES (US ;PERSONS PER VEHICLE AND 1.65 PERSON CHAPEL CAPACITY). USING SIGNALIZEDTNTERSECTION:ANA-LyS15 TO.SIMULATE T13E ROAD CLOSURE FOR THE FUNEgAI,PROCESSION, .THE MAXIMUMNUM13ER OF QUEUED VEHICLES DURING THE PEAK HOURS IS EXPECTED TO BE I.S. TRAFFIC'SAFETY ISSUES , The locations of the:project driveways are expe.cte.d to comply with city.development:standards and general plan requirements. Candlewood Avenue is classified a.local residential Street. With new driveways on'Candlewood, it is recommended that the road.be.provided a:centerline striping within the project frontage. The centerline will mitigate potential presence of commercial type traffic and subsequent increase in ADT on the minor road. There is no sight distance issue between the new driveways and the existing traffic movements on Candlewood Avenue. CIRCULATION IMPROVEMENTS Provide centerline striping on Candlewood Avenue within the project frontage on Candlewood Avenue, 6 A & 8178 P468 SUMMARY&CONCLUSIONS This section of the report summarizes the report and provides a conclusion of the traffic analysis on the proposed funeral home project. 1. Traffic operational analysis is performed at the intersection of Etiwanda Avenue and Candlewood Avenue and at the driveway of the proposed funeral home on Etiwanda Avenue. 2. The analysis includes the examination of the stud% locations under the following scenarios: - • :Existing 2012 am and pm peak hour conditions at the intersection of Etiwanda Avenue and Candlewood Street. • Future 2013,am.and pm peak hour conditions at the intersection of Etiwanda Avenue and Candlewood 'Street and:at the proposed funeral home driveway on Eiiwanda:Avenue.?his analysis:assumesthe absolutely worse conditionthatthe I uneral borne activities occur at peak:hour. lt.also assumes that there is.no funeral procession in this scenario. . • The driveway condition during.funerai procession during the am and pm peak .hour. 3. In the project openina 01 , the prect:trafic will insignificantly impaofahe study intersections,and.fhe funeral home an—ywithoul.the:funeral procession..aetivity: 4. It took minutes of road closure at the model location-to pass 30 vehicles in a procession at a location with chapel:capaciry,of 105 seats and 1:15 re;istered attendees in the funeral services. by proportionality:-it will:therefore<take:approximately 3mins:and 44 seconds to pass s6 vehicles (using 3 persons per vehicle and l 08 person chapel capacity) 5. using analacsis to simulate the road closure for the funeral procession, the maximum number of queued vehicles during the peak hours is expected to be 18. 6. A centerline striping on'Candlewood Avenue, within the.project frontaee is recommended to mitieate the impact of the presence of commercial traffic- 7 -- — 9 _6179 P469 ORDINANCE NO. 830 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT .DRC2009-00691, AMENDING TABLE 17.30.030 USE REGULATIONS -FOR INDUSTRIAL DISTRICTS BY REMOVING FUNERAL AND CREMATORY SERVICES AS A CONDITIONALLY PERMITTED USE IN SUBAREA4 (GENERAL INDUSTRIAL DISTRICT) AND .SUBAREA 6 (INDUSTRIAL PARK DISTRICT), ADDING CREMATORY SERVICES AS A_ CONDITIONALLY PERMITTED USE IN SUBAREA 14 (GENERAL INDUSTRIAL DISTRICT) AND MODIFYING THE ` DEFINITION OF FUNERAL AND CREMATORY SERVICES UNDER SECTION 17.30.030, AND MAKING FINDINGS. IN 'SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga -filed an application for Development Code Amendment DRC2009-00691, as, described in the title of this 'Resolution. .Hereinafter in this Resolution, the subject Development Code Amendment is referred to as"the application." 2. In order to protect the public health,.safety, and welfare, on August 5, 2009, the.City :Council adopted a 45-day Interim Ordinance to prohibit the establishment and/or operation of human and animal crematories in any land use zone within the City of Rancho Cucamonga. The purpose of the Interim Ordinance was to permit staff adequate time to analyze the land use impacts of crematoriums and to 'find potentially suitable locations within- the City of Rancho Cucamonga. 3. in order to protect the public health, safety, and welfare and as permitted under Government Code Section 65858 and following an ,advertised public, hearing,. on September 2,2009, the City Council extended the Interim Ordinance an additional 10 months and 15 days. The extension of the Interim Ordinance maintains the current prohibition until August 2, 2010: The purpose of the Interim Ordinance-extension was to permit staff adequate time to continue,to,analyze the land use impacts of..crematoriums and to find potentially suitable locations within the City of Rancho Cucamonga. 4. On Feb 17, 2010, the City Council by minute action approved the initiation of Development Code Amendment DRC2009-00691. 5. On March 24, 2010, the Planning Commission of the City.of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above ref_erericed Development Code Amendment bRC2009-00691 and, following the :conclusion thereof, adopted its Resolution No. 10-14, recommending that the Cfty'Council of the City of Rancho Cucamonga adopt Development Code Amendment DRC2009-00691. 6. On May 5, 201 D the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 7. All legal prerequisites prior to the adoption of this Ordinance.have occurred. EXHIBITT A & B180 P470 B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on May 5, 2010, including written and oral staff reports, together with public`testimony, the City Council hereby specifically finds as follows: a. The application applies to the property located within the City; and b. An Initial Study was prepared for:the code amendment and the Initial Study finds that that ail environmental impacts from the code amendment are either of no impact or less than significant impact; therefore the proposed amendment will not have a significant impact on the environment; and C, This .amendment does not conflict with the Land Use :Policies of the General Plan and will provide for development within Subarea 14 of the Industrial Districts in a manner consistent with the General Plan and with related development. Subarea 14 is zoned General Industrial and is geographically suitable to conditionally permit crematoriums since it:is adjacent to only one other Subarea, (Subarea 15 - Heavy Industrial). There are no existing sensitive uses within Subarea 15 that .would be adversely impacted by a 'future crematory use within Subarea 14; and d. This amendment does promote the goals .and objectives of the Development Code. Specifically, the Industrial Districts have a stated .objective to organize land uses in a logical manner that avoids nuisance impacts between land uses. There are .no existing or planned sensitive uses, including, but not limited to, hospitality or restaurants uses that would. be adversely affected by being in the proximity of 2 future crematory; and e. The proposed amendment will not be detrimental to the public :health, safety, or welfare or materially injurious to properties or improvements in the vicinity: The proposed text amendment will conditionally permit.future crematories within Subarea.14. Subarea 14 is zoned General Industrial, and future crematories will require a public hearing and air quality analysis to ensure that all impacts are:mitigated to a less than significant level; and f. The subject application is consistent with the objectives the Development Code, as the Development Code seeks a variety of industrial uses that will rServe the City .of Rancho Cucamonga and San .Bernardino County. The text amendment will provide for crematories within Subarea 14 with an approved Conditional Use Permit in a geographic location that is suitable because of its industrial land use composition; and g. The proposed amendment is in conformance with the,General Plan. The General Plan strives for land uses that serve local and regional needs. The City of Rancho Cucamonga presently does not have a crematory or a cemetery, and modern crematories provide one of several options for the final disposition of human or animal remains. SECTION 3: Based upon the facts and information contained in the proposed.Negative Declaration, together with all written and oral reports included for the environmental.assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: Ordinance No. 830— Page 2 of 5 A & 8181 P471 a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination., a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. b. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration and, based on the whole record before it, finds: (i)that the Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Negative Declaration reflects the independent judgment and analysis of the City Council_. Based on these findings, the City Council adopts the Negative Declaration. C. The custodian of:records for the Initial Study, Negative Declaration and all other materials which.constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public :review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (9D9) 477-2750. SECTION 4: Based upon the findings and conclusions set forth'in Sections 1, 2 and 3 above, 'this 'Council hereby approves Development Code Amendment DRC2009-00691 as follows: SECTION 5: Table 17:30:030 Use Regulations for Industrial Districts, is hereby amended to read,in words and figures, as shown in.the attached Exhibit"A." SECTION 6: The following Land Use Type Definition found in Section 17.30:030-D-4-z is hereby amended to read as follows: Crematory Services: Activities typically include, but are not'limited to, services 'involving the care, preparation, and disposition of human and/or animal remains by means of cremation. 'Uses typically include, but are not limited to: crematories and crematories with embalming services. SECTION 7: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of .any court of competent.jurisdiction, or preempted by legislative enactment, such decision or .legislation shall not affect the validity of the remaining portions of this Ordinance. The :City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 8: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within '15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City.of Rancho Cucamonga, California. Please see the'foflowing pege for formal adopgon,certification and signarpres Ordinance No. 830-Page 3 of 5 A & B182 P472 PASSED, APPROVED, AND ADOPTED.this 19" day of May 2010. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None. ABSENT: None ABSTAINED: None Donald J. Kurth, M. ., Mayor ATTEST: a ice C. Reynolds, City C rk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of'the City of Rancho'Cucamonga held on the 5'" day of May 2010, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 19'' day of'May 2010. Executed this 20`° day of May 2010,. at Rancho Cucamonga, California. zo /12inice C. Reynolds, City erk Ordinance No.830 Page 4 of 5 A & B183 P473 Rancho Cucamonga Development Code Section 17.30.030 Table 17.30.030 Continued - Use Regulations for Industrial Districts USE 7YPE - LAND USE It, at GI GI GI GI IP I7P{WIMUN) GIIGII IP IGIIGIIHI IP IP MWOb I$I7eaRErs NO l 213' 4 5 6 7 BI a Ilp ltt 72I19I791616 17 18 CDl'�OL[iG1,iYU Aoun Ernertacrnenl I A I A I Ai A I A I A I A I A A A AgrlcunumuNurmry Supplies&semcec PIP P P P IPI .I P ° Annual Care f p Aulamourm Fleet Smrnpe C C I C I c c c c I c Automotive FuePoq sernm I c C I c C i c l P C I C I P Automotive Rental I I AunornCA 0111-ight Truck Repair—Minor P P P P PI I I P I P I P I P Auerrmllyw7ruck Repair—Major P P P P I P I P P I I:P P_I Automolive Sales and Leasing Automotive Servbe'Coutt P P Aummo P P I :c P ,gip p I p I . . d ve-sarvloe Swum c C' C I ,Z . BulldIng Contractors Greve 6 Ymttt I C C C C C C C 'P 'P: p IC : Building Coraredore Stomp,VeN � iP P F P' .P' Building Maintenance Services I P P :',xd�R•:it . Building S'Ught EOuiPmeol Supples6 Sales P P' 'P. P' P` P' Buelneas:Supply As 6SerWcas P TD .P' P P: P' P Business buppod'.Seruo¢s P P I'P' P• P' P p p fl f . Cammun'w^atton'Servicas _ P P' P' P p C.LP P I.P C P' P P P. P p - '• P. .P P P P P P' -P P P CanrtainmenSeles&Sarvicen C' C C. P: p c c' Entertainment CC .c C Q Emonsw luipact conmren>ial c C' G. '.C_ Feet Fow Set% c. C C I C I C, .. Fimm�clal,.fnwrartce&Real Ecmle Services P 'P -P" P. Food 66evele Soles P C G- P P ' e f Dremaio[y SerNcrs an rPme , on—Is '. c. HolegMatel C P C 0 p Indoor.Wholeselre Rata:Commemaj Laundry Senkne; MetlkalMedlh'Cam Senmm Persona:Sandcec +P P P P PIP I R I P Petrolaum Products Storage Recreation Faculties C �C C G Repair Services c C C' C' C C C I,P C C p p p .. Resntverrm P P P_ C. P P -I:P P I P Restaurants with Bar or.Emerteienant C LC. PIP P I PIP. . 'I p. Specislty;Buldinp Supplies;&Horne improvemmn Waehotmo-Styla Rrnea'Marrhmdisirng•• .I P p C I . I C I NOTES: IP Industrial Perk P Permtfted Use HO - Haven Avenue Overlay District C ' GI General lndusiral conditionally PennMed Uee .MINI Minimum Impact Heavy Industrial Nan-Marked uses-notpenrittled HI - Heavy Industrial A - Adult Enlaneinment Ztming'Pennit Requiretl • MU/OS - Mixed LISWDpen Speroe . Ancillary uses Gmiled to 20 perent of the P. acres ied wllh Master Plan approval for 35 floor area par Section 17.9D OB0.5A. Refer to Subarea 12 Special Considerations acres minirwm for addllional restrictions 17.30.8 11101 FX.HIBIT A Ordinance No. 830-Page 5 of 5 A & 8184 P474 1D 1594 North Batavia, Orange, CA 92867 TEL 714.685.0123 • FAX 714.685.0125 5/29/12 City of Rancho Cucamonga(Landlord) 10500 Civic Center Drive, Rancho Cucamonga,CA 91729 ATTN: City Manager RE:Cell Site Agreement-SB35XC032/Cox PCS Assets,L.L.C.and the City of Rancho Cucamonga/dated 4-15-2000 located at 5546 Beryl St.,Rancho Cucamonga,CA 91737(Site) City Manager, This letter is to advise you that it will be necessary,within the near future,for Sprint Nextel(Tenant)to make certain physical modifications to equipment within Tenant's Premises at the above-referenced location. These improvements are being undertaken in order to ensure the continued technical and economic feasibility,of Tenant's facility,and are needed for Tenant to make optimal use of the site for the purposes intended by the Agreement As described below, these modifications should have no significant impact on Landlord's property or operations. However, in accordance with the Site Agreement,Tenant requests that Landlord acknowledge notice of, and consent to,the following modifications: Swap out of obsolete electronics cabincts,antenna and other equipment at the site. This may include replacement of cabling and mounting apparatus within the existing lease area. Landlord's acknowledgement of notice and consent will not increase the size or amount of space being used by Tenant under the Agre cnt unless specifically stated above. Please indicate your acknowledgement and consent by signing below and returning one copy of this letter to me at the address set forth above. Thank you in advance for your prompt attention to this matter. Regards, William Daley Land Use Planner Reliant Land Services,Inc. 1594 North Batavia Orange,CA 92667 702-557-2170 Cell Bill.Da lev(a)rlsu Sa.ep m ACKNOWLEDGED AND AGREED TO This_day of ,2012. By: Name: Title: • This consent is oniv as landlord on the property and is not to be considered in anv way as a Plannine approval of the proposed modification.Sprint Nextel will need to submit to the Communitv Development Department for anv Land Use/Planning and Buildine Permit approvals. A & B185 Rancho Cucamonga Development Code Article V Chapter 17.108 ' p P475 1. Enclosed Activities. All activities shall be completely enclosed within the building for the use. 2. Collection/Receiving Area. A dedicated collection area shall be established separate from the main patron entrance and may be located on the front, side or rear of the building. If the collection area is located in the front of the building, the bulk donation area shall be shielded from public view. Adequate directional signage shall be provided from the main entrance to the use to direct individuals to the collection area. The collection area shall be noticed to prohibit depositing goods when the store is closed. 3. Site Maintenance. Management shall be responsible for the removal of litter from the subject property, adjacent property, and streets that results from the thrift store (with adjacent property owner consent). Section 17.108.070 Crematoriums A. Applicability. The development standards of this Section shall apply to all crematoriums in the City. B. Location.All crematoriums shall be located consistent with the following standards: 1. Located east of Interstate 15 and south of Arrow Route. 2. Located a minimum of one thousand feet (1,000') from public schools, community centers or libraries, and any residentially zoned property. EXHIBIT U 17.108.3 A & 8186 P476 P477 ! V�AMU 119L w ! I► j 1 jj t1( �-n 0118doaa Vann VNEHL H 'siuti! ;! �I 30VT-HA Vanln VMU a Its'1 ,� i m No ►1i! II loll,�II!l►11 n ' ti tti►j E' pI!, ! 'j�i �! 'lll i In ► 1 _— I � �! II!j I� 6=ti ls��j' ��s► !Ij i � 'lll� ►'18l�jii?yl�lil�ji�uUPINHE ![ I P.° °' Ib \ \\ JGi� it 11 .,t:" � �•'�, `,,� \\; gg [ 1 #11 LU ED CL cc IF t M E B - E Lil EXHIBIT V A & 8187 s _ P478 Of € � , z . 8 ? z E e e �y D. ' L 11•, N we'3a15aoolu i D M dada NOW dish y...Rf .�I f 171 l � 1 .(11,(11 £ARE 1(4 . t>Je+no-Fer o •� .1.7.1' t � wRESiER ,i \ i W l _ ' CL a < V m z, O mg O � dOj 1� r'fi.1a 0 Z �•! gyp• fie' V r ' A ..CD , ` T I ON AV13 ` l W Jn O s 3 c 5 %�•• � �pf. `_/� s.. _ , >.add di._. a.�W+t. Z r u AR :XHIBIT W •-rRESERVE 1 � � 1 �% � �` A18 18 , f ƒ ƒ ( - 0 k m § « � 2w ; 2 « a / � , � ° 2E! - : � § - ; E « ^ £ © ` - . m mom § � i \fo ) »# ® ƒ y | Z / » < R 30) 00 < ! _ _ c � . � zo ». - . « a@ _ ° o f , � f - « - e = Ea >_ r , � 2 § £ >� 322 � ƒ ff | � - \ ■ f f - �� ■ ka � e7t � ® { $ � fi3 » { & t - r � eea ■ 3uj =u0=5 = LUw0 Ems - » ` e = E • a ° , § 0Z ik � � 5 \ k � � E } » \ ) f2 \ ! } k ± j2 \ 2 § k mom , y � , z98 „ � } < ? § � y , Co , . . i222 � 2 � ? « G2 ■ roaGmz � eaC3 � & l ; ef . e � = # = ■ ; } { \ \ / LL / j \ / LLj / ■ � = � m A � � , � A © , � , = ■ , e = : Q • ! , � � , ! � � � , } k & , / 2 U. \ / j LL M ~ U. M � � . / , , , ■ \ „ � r � � / / } 2 M 2 P-4 � � � � co ° k ] k12 � � � � � � C) o LL ae / 2 ■ � � = am ' ■ � \ � , 2 = : {§ ■ S . {ƒƒ / \ \ � - a / ` � § { k ■�; em ' � , ` ) k ° ; / © \ \ 0 ' } , ; ! \ ; � \ b : R EXHIBIT X qf- P480 Nov o 1 2011 ENVIRONMENTAL INFORMATION FORM (Part I - Initial Study tp City of Rancho Cucamonga I Fra3e iyp!61'0"t cle y u5mg ink. We the tab key to move from one line to the next line.) Planning Department (909)477-2750 The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies,Ordinances,and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. Upon review of the completed Initial Study Part I and the development application, additional information such as, but not limited to, traffic, noise, biological, drainage, and geological reports may be required. The project application will not be deemed complete unless the identified special studies/reports are submitted for review and accepted as complete and adequate. The project application will not be scheduled for Committees' review unless all required reports are submitted and deemed complete for staff to prepare the Initial Study Part II as required by CEQA. In addition to the filing fee, the applicant will be responsible to pay or reimburse the City, its agents, officers, and/or consultants for all costs for the preparation, review, analysis, recommendations, mitigations, etc., of any special studies or reports. GENERAL INFORMATION: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at the time of submittal, City staff will not be available to perform work required to provide missing information. Application Number for the project to which this form pertains: +�9u�] Project Title: Funeral Home Name 8 Address of project owner(s): SCI Funeral Services, Inc. 1929 Allen Parkway, Houston, Tx 77019 Name &Address of developer or project sponsor.' SCI Funeral Services, Inc. 1929 Allen Parkway,Houston, Tx 77019 Contact Person&Address: HMR Architects, 221 Main Street, Huntington Beach, Ca 92648 Study Partl.doc Page 1 of 10 EXHIBIT Y A & 9190 P481 Name&Address of person preparing this form (r/different from above): Telephone Number 714-330-5888 PROJECT •R • DESCRIPTION: Information indicated by an asterisk(')is not required of non-construction CUP's unless otherwise requested by staff `1; Provide a full scale(8-1/2 x 11)copy of the USGS Quadrant Sheet(s)which includes the project site, and indicate the site boundaries. rovide a set of color photographs that show representative views into the site from the north, south, east, and west, views into and from the site from the primary access points that serve the site;and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location(describe) Soutwest Comer of Etiwande Ave. and Candlewood Street. Vacant parcel South of the existing historical residence located on the actual corner 4) Assessors Parcel Numbers(attach additional sheet if necessary): 1100-031-07 'S) Gross Site Area(adsq. ft.): 2.32 acres '6) Net Site Area(total site size minus area of public streets&proposed 2.15 acres dedications). 7 Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): none 8 Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental I:IPLANNING\FINAL\FORMS\COUNTER\Inftial Study Padl.doc Page 2 0110 A & 6191 agencies in order to fully implement the project: P482 Conditional User Permit 9 Describe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals,mature trees,trails and roads,drainage courses,and scenic aspects. Describe any existing structures on site(including age and condition)and the use of the structures. Attach photographs of significant features described. In addition,cite all sources of information(i.e.,geological and/or hydrologic studies,biotic and archeological surveys, traffic studies) Vacant land, with no structures, trails, roads or scenic aspects Site is relatively flat with a Southwest slope. 10 Describe the known cultural and/or historical aspects of the site. Cite all sources of information(books,published reports and oral history): None known. We have met with the Historical Society and received positive feedback regarding the proposed use. I.PLANNING\FINAL\FORMS\COUNiER%Initial Study Parti.doe Page 3 of 10 A & 6192 P483 11 Describe any noise sources and theirlevels that now affect the site(aircraft, roadway noise, etc.)and how they will affect proposed uses: Adjacent freeway noise will not affect day-to-day operations. 12 Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment. Attach additional sheets)if necessary. The proposed use is for a Funeral Home. See attached narrative from SCI Funeral Services in regards to day-to-day operations etc. There are no plans for future development at this time. 13 Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use(residential,commercial,etc.),intensity of land use(one-family,apartment houses, shops, department stores, etc.)and scale of development(height. frontage, setback, rear yard, etc.): North: Single-family residential South: Commercial East: Freeway West: Single-family residential h osed ro ect change the attem scale or character of the surrounding general area of the project? 14 Will the Prof P I 9 P � 9 9 P / No IIPLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 4 of 10 A & 8193 P484 15 Indicate the"of short-term and long-term noise to be generated,including source and amount. How will these noise levels affect adjacent properties and on-site uses? What methods of soundproofing are proposed? Exiting of a funeral procession (auto noise) will be the only short-term noise generated.Also see mitigation in the attached narrative by SCI Funeral Services. '16, Indicate proposed removals and/or replacements of mature or scenic trees: None proposed. IT Indicate any bodies of water(including domestic water supplies)into which the site drains: None 18 Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga Valley Water District at 987-2591. a. Residential(gal/day) Peak use (gal/Day) b. CommerciaUlnd (gat/day/ac) Peak use (gal/min/ac) 19 Indicate proposed method of sewage disposal. ❑ Septic Tank ❑� Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarification,please contact the Cucamonga Valley Water District at 987-2591. a. Residential(gaUday) 25 b. CommerciaUlndusNal(gaUday/ac) RESIDENTIAL PROJECTS: 20, Number of residential units: Detached(indicate range of parcel sizes, minimum lot size and maximum lot size: Attached(indicate whether units are rental or for sale units): I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 5 of 10 A & 6194 P485 21 Anticipated range of sale prices and/or rents: Sale Price(s) $ to $ Rent(per month) $ to $ 22, Specify number of bedrooms by unit type: 23, indicate anticipated household size by unit type 24 Indicate the expected number of schoolchildren who will be residing within the project Contact the appropriate School Districts as shown in Attachment 8: a. Elementary: b. Junior High: c. Senior High COMMERCIAL INDUSTRIAL, AND INSTITUTIONAL PROJECTS 25, Describe type of use(s)and major function(s)of commercial, industrial or institutional uses: Funeral Home. No preparation of the deceased will be done on-site. 26, Total floor area of commercial, industrial, or institutional uses by type: 8282 0. 27, Indicate hours of operation: g — 'SDNi �f 2�L1OQA'l COcTV 28J Number of employees: Total: 4 7 Maximum Shift. Time of Maximum Shift: During a service. See narrative. I\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 6 of 10 A & B195 P486 29 Provide breakdown ofanticipatedjob classifications, including wage and salary ranges. as well as an indication of the rate o hire for each classification(attach additional sheet if necessary). 30, Estimation of the number of workers to be hired that currently reside in the City: '31 For commercial and industrial uses only, indicate the source, type, and amount of air pollution emissions. (Data should b( verified through the South Coast Air Quality Management District, at(818)572-6283): See attached reports ALL PROJECTS 32 Have the water,sewer,fire,and flood control agencies serving the project been contacted to determine theirability to provide adequate service to the proposed project? If so, please indicate their response. None 33 In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials' Examples of hazardous and/or toxic materials include, but are not limited to PCB's;radioactive substances;pesticides an( herbicides;fuels,oils,solvents, and other flammable liquids and gases. Also note underground storage of any of the above Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, i known. None known I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 7 of 10 A & 8196 P487 34, Will the proposed project involve the temporary orlong-term use,storage, or discharge of hazardous and/or toxic materials including but not limited to those examples listed above? If yes,provide an inventory of all such materials to be used am proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown an( labeled on the application plans. No 35 The applicant shall be required to pay any applicable Fish and Game fee. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission/Planning Director hearing: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability that the facts, statements,and information presented are true and correct tot he best of my knowledge and belief. I further understand that add Tonal informs 'on sy be required to be submitted before an adequate evaluation can be made by the City of Rancho Cucam ga. Date. 101 Signature. Title: I:\PLANNIN GIPINALIPORMS\COUNTERUnNaI Silky Partl.00c Page B of 10 A & 8197 P4881 'ATE OF CALIFORNIA 7.5 MIN RENT OF WATER RESOURCES 2452 11 NE 451 452 7 NGIA PEAK) 449 R.6 W. 32130" 7L 1,--- —- - — —m— / SOO-rHERN II 350-7i, 1 --. K A A Well II y_ tiw PROJECT SITE 70 0— a 5 ---------- - --4f) 0 41 1207 1007 R1 vn LAN6 P-00 we 2 -------- Ta-- vleo ft ttgg u ARROW ROUTE • w )So ing) 41- EKA ST Rochester *we ter Tank II - --------------------- 1100 if FEEDER ------------------II 'I ar: Joao 1E i Nate( 070, !, 1` C a I iii I nk SEE= 105 .2 1050 os RANCHO CORP BDY BOUNDARY SAN,BERNARDIN Z- 98 A\ "A SLAG 11 s W Yl 51 X1, i, .. X "All N w b� _ r si`F T � , ! r ,a � fisQ !AF ! 444 2 � 5 f y' l i Apr' :• It ZY a, r r� / •,y. , 1 � � � �. a' w •, ,tip�sri I�g .` �•. S F I 1 1 � fli y w W 1 r 1 4 = _n 1 g l; n ' .e kf�•s, - y(4, a I u •1 r ' i � ^fL r z {"•tom �f`� y•'� � , flu, a�C Al i—Sys 6 3• �t % k .fir ' a tri �• �;""i��{R qtr •m#� ��f' — . ,� tae ?/I "+�{�L�>. �,/i •F:; �-:' i i 11 is - i f 203 P494 City of Rancho Cucamonga 91 ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: Development Review DRC2011-01094D and Conditional Use Permit DRC2011-01094 2. Related Files: n/a 3. Description of Project: DEVELOPMENT REVIEW DRC2011-01094D - A request to construct a funeral home (that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porto cochere of 1,371 square feet on a vacant parcel of 2.32 acres (Note: Final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan located near the southeast comer of Etiwanda Avenue and Candlewood Street-APN: 1100-031-07. CONDITIONAL USE PERMIT DRC2011-01094-A request to operate a funeral home(that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porto cochere of 1,371 square feet on a vacant parcel of 2.32 acres (note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan located near the southeast comer of Etiwanda Avenue and Candlewood Street-APN: 1100-031-07. 4. Project Sponsor's Name and Address: Bill Reseigh HMR Architects, AIA 221 Main Street, Suite I Huntington Beach, Ca 92648 5. General Plan Designation: Office 6. Zoning: Office Professional (OP) District, Etiwanda Specific Plan 7. Surrounding Land Uses and Setting: The project site is a vacant, irregularly shaped parcel of approximately 164,200 square feet (3.77 acres) located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street. As part of the proposal the applicant has submitted a lot line adjustment (Related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line that separates the subject parcel and the parcel to the south and reduce the land area of the project site. Following the adjustment, the rectangular parcel will have an area of approximately 101,000 square feet(2.32 acres)with overall dimensions of approximately 350 feet (east to west) by approximately 307 feet (north to south). To the west, across Etiwanda Avenue, and north, across Candlewood Street, of the project site are single-family residences. To the east is the 1-15 Freeway. To the south of the project site are two small buildings— a post office and an office, while immediately to the northwest of the project site is the historic Cour House. Neither the office buildings nor the Cour House are part of this project. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use (MU) District, Victoria Planned Community. The subject property is generally level with a A & B 204 P495 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 2 southeasterly slope; the elevations at the northwest and southeast comers are approximately 1,265 feet and 1,255 feet, respectively. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Mike Smith, Associate Planner (909) 477-2750 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): GLOSSARY—The following abbreviations are used in this report: CVWD—Cucamonga Valley Water District EIR— Environmental Impact Report FEIR— Final Environmental Impact Report FPEIR - Final Program Environmental Impact Report NPDES —National Pollutant Discharge Elimination System NOx—Nitrogen Oxides ROG— Reactive Organic Gases PM10— Fine Particulate Matter RWQCB— Regional Water Quality Control Board SCAQMD—South Coast Air Quality Management District SWPPP— Storm Water Pollution Prevention Plan URBEMIS7G— Urban Emissions Model 7G ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact," 'Potentially Significant Impact Unless Mitigation Incorporated,"or"Less Than-Significant-Impact'as indicated by the checklist on the following pages. (x) Aesthetics (x) Agricultural Resources (x)Air Quality ( ) Biological Resources (x) Cultural Resources (x) Geology & Soils (x) Greenhouse Gas Emissions ( ) Hazards &Waste Materials (x) Hydrology&Water Quality ( ) Land Use & Planning ( ) Mineral Resources (x) Noise ( ) Population & Housing ( ) Public Services ( ) Recreation (x)Transportation/Traffic ( ) Utilities & Service Systems ( ) Mandatory Findings of Significance A & B 205 P496 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 3 DETERMINATION On the basis of this initial evaluation: (x) I find that although the proposed project o Id have a significant effect on the environment, there will not be a significant effect in this ca ause revisions in the project have been made by, or agreed to, by the project proponent. I VEGATIVE DECLARATIO w'I be prepared. Prepared By: Date: 2 Reviewed By:0 Date: A & B 206 P4.97 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC201 1-0 1 094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 4 B66 Then S""A.em Less Issues and Supporting Information Sources: Folenlielrn v�nh Then PP 9 S,pn¢anl MdipNlon Sig n fi an1 No Im ed Ineo teo ecl Im it EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ( ) ( ) ( ) (✓) b) Substantially damage scenic resources, including, but ( ) ( ) ( ) (✓) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or ( ) ( ) ( ) (✓) quality of the site and its surroundings? d) Create a new source of substantial light or glare, ( ) ( ) (✓) ( ) which would adversely affect day or nighttime views in the area? Comments: a) There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Figure LU-6. b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga. C) The project site is located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street and is characterized by single-family residential development to the north and west. To the east is the Ontario Freeway (1-15). To the south of the project site are two small buildings — a post office and an office, while immediately to the northwest of the project site is the historic Cour House. Neither the office buildings nor the Cour House are part of this project. The visual quality of the area will not degrade as a result of this project because the architecture of the proposed building will incorporate the design theme prevalent within the surrounding community, will have extensive landscaping (including a significant number of trees) where there is currently none, and perimeter conditions will be improved with the addition of sidewalks and associated public right-of-way features. City standards require the developer to underground existing and new utility lines and facilities to minimize the unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project would increase the number of street lights and security lighting used in the immediate vicinity. The design and placement of light fixtures will be shown on Site Plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. A & B 207 P498 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 5 Less TNa $Ignig nl Leas Issues and Supporting Information Sources: °oten1"°Y "V_ Tw $igndmanl Mitlgamn $ignifimnt No Im d I tetl I eel Im an 2. AGRICULTURAL RESOURCES. Would the project. a) Convert Prime Farmland, Unique Farmland, or ( ) ( ) (✓) ( ) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ( ) ( ) ( ) (✓) Williamson Act contract? C) Conflict with existing zoning for, or cause rezoning of, ( ) ( ) ( ) (✓ ) forest land (as defined in Public Resources Code section 12220 (g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104 (g))? d) Result in the loss of forest land or conversion of forest ( ) ( ) ( ) (✓) land to non-forest use? e) Involve other changes in the existing environment, ( ) ( ) ( ) (✓) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The project site is located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street and is characterized by single-family residential development to the north and west. To the east is the Ontario Freeway (1-15). To the south of the project site are two small buildings—a post office and an office while immediately to the northwest of the project site is the historic Cour House. Neither the office buildings nor the Cour House are part of this project. There are approximately 209 acres of Farmland of Local Importance, Prime Farmland, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga according to General Plan Table RC-2. Concentrations of Important Farmland are sparsely located in the southern and eastern parts of the City that is characterized by existing and planned development. Farmland in the southern portion of the City is characterized by industrial, residential, and commercial land uses and Farmland in the eastern portion of the City is within the Etiwanda area and planned for development. Further, a large number of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FPEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. A & B 208 P499 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 6 Less Than Signl .M Les¢ Issues and Supporting Information Sources: Potmlally wrt Than PP 9 Slgn'.m md'g bon SlgnA.nt No Im ad Inco real Im ad Im d C) There are no lands within the City of Rancho Cucamonga that is zoned as forest land or timberland. Therefore no impacts would occur related to the conversion of forest land to non-forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. No mitigation is required. d) There are no lands within the City of Rancho Cucamonga that qualify as forest land or timberland. Therefore no impacts would occur related of the loss or conversion of forest land to non-forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. e) The project site is located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street and is characterized by single-family residential development to the north and west. To the east is the Ontario Freeway (1-15). To the south of the project site are two, small buildings — a post office and an office while immediately to the northwest of the project site is the historic Cour House. The nearest agricultural use is a nursery about 1/2 mile to the north-northwest of the project site. Furthermore, there are no lands within the City of Rancho Cucamonga that qualify as forest land. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the ( ) ( ) ( ) (✓) applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality ( ) (✓) ( ) ( ) violation? C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ( ) ( ) ( ) (✓) ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant ( ) (✓) ( ) ( ) concentrations? e) Create objectionable odors affecting a substantial ( ) ( ) ( ) (✓) number of people? Comments: a) As noted in the General Plan FPEIR (Section 4.3), the proposed project would not interfere with the ability of the region to comply with Federal and State air quality standards for Criterion 1 Increase in the Frequency or Severity of Violations (local air quality impacts) or Criterion 2 Exceed Assumptions in the AQMP (consistency with the 2003 AQMP). Therefore, the project is consistent with the 2003 AQMP and is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. b) Both the State of California and the Federal Government have established health-based ambient air quality standards (AAQS) for seven air pollutants. These pollutants include ozone (03), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (S02), coarse A & B 209 P500 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 7 Less Then Signigranl Leas Issues and Supporting Information Sources: POt8rewly Mh 'hen Sqr cam MNgetw SiWdcsnt No a Incorpmted i n i particulate matter with a diameter or 10 microns or less (PM10), fine particulate matter less than 2.5 (PM2.0 microns in diameter and lead. Among these pollutants, ozone and particulate matter (PM,o and PM2.5) are considered regional pollutants, while the others have more localized effects. In addition, the State of California has set standards for sulfates, hydrogen sulfide (1-12S), vinyl chloride, and visibility reducing particles. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. The City of Rancho Cucamonga area is within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The California Clean Air Act (CCAA) provides the SCAQMD with the authority to manage transportation activities at indirect sources. Indirect sources of pollution are generated when minor sources collectively emit a substantial amount of pollution. Examples of this include motor vehicles at an intersection, a mall, and on highways. SCAQMD also regulates stationary sources of pollution within in jurisdictional area. Direct emissions from motor vehicles are regulated by the Air Resources Board (ARB). The combination of topography, low mixing height, abundant sunshine, and emissions from the second largest urban area in the United States gives the Basin the worst air pollution problem in the nation. The Basin experiences a persistent temperature inversion (increasing temperature with increasing altitude); this inversion (coupled with low wind speeds) limits the vertical dispersion of air contaminants, holding them relatively near the ground. Pursuant to the Federal Qlean Air Act (CAA) of 1970, the EPA established national ambient air quality standards (NAAQS) for six major pollutants, termed criteria pollutants: ozone (03), coarse particulate matter with a diameter or 10 microns or less (PM15), fine particulate matter less than 2.5 (PM2,5) microns in diameter, carbon monoxide (CO), nitrogen dioxide (NO2). sulfur dioxide (S02), and lead. Criteria pollutants are defined as those pollutants for which the Federal and State governments have established AAQS, or criteria, for outdoor concentrations in order to protect public health. Data collected at permanent monitoring stations are used by the EPA to classify regions as "attainment" or "non-attainment depending on whether the regions met the requirements stated in the primary NAAQS. Non-attainment areas have additional restrictions as required by the EPA. The EPA has designated the Southern California Association of Governments (SCAG) as the Metropolitan Planning Organization (MPO) responsible for ensuring the Basin's compliance with the CAA. The South Coast Air Basin is in Non-Attainment Status for Ozone, PM10 and PM2.5. Specific criteria for determining whether the potential air quality impacts of a project are significant are set forth in the SCAQMD's CEQA Air Quality Handbook. The criteria include daily emissions thresholds, compliance with State and national air quality standards, and consistency with the current AQMP. As prescribed by SCAQMD, an air impact study was prepared by Michael Brandman Associates on November 21, 2011 that utilizes the Califomia Emissions Estimator Model Version 2011.1.1 (CalEEMod) methodology and CEQA Air Quality Handbook, April 1993 to evaluate short-term construction emissions and short-term construction emissions for localized significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Green House Gas Emissions. A & B210 P501 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 8 Lr Ttan siytlfimm Lees Issues and Supporting Information Sources: Polo w#y w"' Then PP 9 sgp.nt Mit,petlon sipnirm" No I d I t W Im cd I y �misslona(poundsparday)., Source ROG/VOC 'N0 CD ''' So: PM�o PMzs Grading 5.19 40.45 24.52 0.04 4.80 3.50 Building Construction 6.31 34.94 24.75 0.04 2.86 2.32 Paving 4.59 27.51 18.18 0.03 2.63 2.41 Coating 41.40 3.98 3.03 0.00 0.45 0.37 Maximum Daily 52.30 71.43 45.96 0.07 5.94 510 Emissions Significance Threshold 75 100 550 150 150 55 Significant Impact? No No No No No No ROG=reactive organic gases;VOC =volatile organic compounds; NOx=oxides of nitrogen;CO =carbon monoxide; SOx=oxides of sulfur, PMto and PM2 s= particulate matter Short-Term (Construction) Impacts Equipment Exhausts and Related Construction Activities Construction activities produce combustion emissions from various sources such as site grading, utility engines, on-site heavy-duty construction vehicles, asphalt paving, and motor vehicles transporting the construction crew. Exhaust emissions from construction activities envisioned on-site would vary daily as construction activity levels change. The use of construction equipment on-site would result in localized exhaust emissions. Fugitive Dust Fugitive dust emissions are generally emissions are generally associated with land clearing and exposure of soils to the air and wind, and cut-and-fill grading operations. Dust generated during construction varies substantially on a project-by-project basis, depending on the level of activity, the specific operation, and weather conditions at the commencement of construction. Construction emissions can vary greatly depending on the level of activity, the specific operations taking place, the equipment being operated, local soils, weather conditions and other factors. The proposed project will be required to comply with SCAQMD Rules 402 and 403 to control fugitive dust. Architectural Coatings Architectural coatings contain VOCs that are similar to ROCS and are part of the 03 precursors. There will be a commercial building proposed for the project. Based on the proposed project, it is estimated that the proposed buildings will result in approximately 41.40 Ibs of VOC per day during the coating phase. The emissions would occur after grading activities, near the end of the construction period. Therefore, this VOC emission is the principal air emission and is less than the SCAQMD VOC threshold of 75 Ibs/day. Emissions associated with architectural coatings could be reduced by using pre- coated/natural-colored building materials, using water-based or low-VOC coating, and using coating transfer or spray equipment with high transfer efficiency. For example, a high-volume, low-pressure (HVLP) spray method is a coating application system operated A & B211 P502 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 9 L.I.Tun S,gnfum Leas Issues and Supporting Information Sources: Pm�.rlb M9" T'" pp g S,gnifir t Mingaion $,gnfmam No Im w Jr4orpm1w impw mo.m at air pressure between 0.1 and 10 pounds per square inch gauge (psig), with 65 percent transfer efficiency. Manual applications such as paintbrush, and roller trowel, spatula, dauber, rag, or sponge have 100 percent transfer efficiency. Odors Heavy-duty equipment in the project area during construction would emit odors. However, the construction activity would cease to occur after individual construction is completed. The proposed project is a funeral home for the principal purpose of visitation of the deceased (that have been prepared off-site at other locations) and funeral services. There will be no cremation, embalming, or burials on-site and, therefore, no chemicals, materials, and/or equipment for such activities on-site. No other sources of objectionable odors have been identified for the proposed project, and no mitigation measures are required. In compliance with SCAQMD Rule 402, the proposed uses are not anticipated to emit any objectionable odors. Therefore, objectionable odors posing a health risk to potential on-site and existing off-site uses would not occur as a result of the proposed project. Naturally Occurring Asbestos The proposed project is located in San Bernardino County, and it is not among the counties that are found to have serpentine and ultramafic rock in their soils. In addition, there has been no serpentine or ultramafic rock found in the project area. Therefore, the potential risk for naturally occurring asbestors (NOA) during project construction is small and less than significant. 2010 General Plan FPEIR Air Quality Analysis and Mitigation Measures (short term) Short-Term (Construction) Emissions Continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project-specific basis and in conformance with the General Plan FPEIR. Therefore, the following mitigation measures as identified in the FPEIR shall be implemented to reduce impacts to less-than-significant levels: 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. A & 8212 P503 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 10 Less Then S,9h,fi enl Less Issues and Su ortin Information Sources Polenlially With Then PP g Sigm4ranl Mitigation S.pndcant No Imoacl I. arabtl Imoect Imoad 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM1, emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM, emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. A & B213 P504 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC201 1-0 1 094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 11 Less Thai S,gnffim l Los Issues and Supporting Information Sources: PeteNmlly "r"" Thin Srgndinnt Wigshon &gmcont No Jmp.d I aced I t Im d 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Air Quality based on the future build-out of the City. Based upon on the Urban Emissions Model (URBEMIS7G) estimates in Table 4.3-3 of the General Plan (FPEIR), Nitrogen Dioxide (No2), Ozone (03), and Particulate Matter (PM2.5 and PM,g) would exceed SCAQMD thresholds for significance; therefore, they would all be cumulatively considerable if they cannot be mitigated on a project basis to a level less-than-significant. Operational Emissions (Winter) Emission (pounds per day) Source ROGNOC NOx CO sox PM10 PM2.5 Vehicles 0.57 1.66 5.26 0.01 1.03 0.10 Energy 0.00 0.01 0.01 0.00 0.00 0.00 Area 184 0.00 0.00 0.00 0.00 0.00 Sources Total 2.41 1.67 5.27 0.01 1.03 0.10 Significant 55 55 550 150 150 55 Threshold Significant No No No No No No Impact Operational Emissions (Summer) Emission (pounds per day) Source ROGNOC NOx CO Sox PM10 PM2.5 Vehicles 0.57 1.57 5.67 0.01 1.02 0.09 Energy 0.00 0.01 0.01 0.00 0.00 0.00 Area 1.84 0.00 0.00 0.00 0.00 0.00 Sources Total 2.41 1.58 5.68 0.01 1.02 0.09 A & 8214 P505 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 12 Lees Than SipMiunl Less Issues and Supporting Information Sources: Potentlaay wen Teen PP g $Ignfi6M Mlt paaon S nl No a Irc aIBC Im ad Im d Significant 55 55 550 150 150 55 Threshold Significant No No No No No No Impact Long-Terre (Operational) Impacts Long-Term Project Operational Emissions Long-term air pollutant emission impacts are those associated with stationary sources and mobile sources involving any project-related changes. The proposed project would result in a net increase in commercial activity in the project area; therefore, the proposed project would result in net increases in both stationary and mobile source emissions. The stationary source emissions would come from additional natural gas consumption for the on-site building and electricity for the lighting in the building and at the parking area. Based on trip generation factors discussed in the Traffic Impact Analysis prepared by Albert Wilson & Associates on May 11, 2012 and the An Quality and Greenhouse Gas Analysis prepared by Michael Brandman Associates on November 21, 2011, long-term operation emissions associated with the proposed project, calculated with the California Emissions Estimator Model Version 2011.1.1 (CalEEMod), shows that (the increase of all criteria pollutants as a result of the proposed project would be less than the corresponding SCAQMD daily emission thresholds. Therefore, project-related long-term air quality impacts would not be significant. Mitigation measures would not be required. 2010 General Plan FPEIR Air Quality Analysis and Mitigation Measures (long term) Long-Term (Operational) Emissions - The General Plan Final Program Environmental Impact Report(FPEIR) analyzed the impacts of Air Quality based on the future build out of the City. In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 4.3-3 of the General Plan FPEIR; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The following mitigation measures as identified in the FPEIR shall be implemented: 10) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 11) Provide preferential parking to high occupancy vehicles and shuttle services. 12) Schedule truck deliveries and pickups during off-peak hours. 13) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 14) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. A & B215 P506 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 13 Leas Than Sigmkc Lau Issues and Supporting Information Sources: pmWtolly ""I" T SignMfi l Mllpalidl SiMn plMnm No In W I m d 15) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 16) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 17) All industrial and commercial facilities shall designate preferential parking for vanpools. 18) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 19) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 20) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 21) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. After implementation of the preceding mitigation measures, the General Plan FPEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the General Plan FPEIR (Section 4.3). C) As noted in the General Plan FEIR (Section 4.3), continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FPEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 114 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located within 1/4 mile of sensitive receptors —single-family residences generally in all directions. The proposed project is a funeral home for the principal purpose of visitation of the deceased (that have been prepared off-site at other locations) and funeral services. There will be no cremation, embalming, or burials on-site and, therefore, no chemicals, materials, and/or equipment for such activities on-site. No other sources of objectionable odors have been identified for the proposed project. Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan. During construction, there is the possibility of fugitive dust to be generated from grading A & 6216 P507 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 14 Less Then SiBnRiasm Less Issues and Supporting Information Sources: P°'e"°"r """ Then PP 9 Sgnffimu md,w6on Sigrifiamn No 1 a In et" I ct 1.d the site. The mitigation measures listed under b) above and the following mitigation measure will reduce impact to less-than-significant levels. 22) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. e) Construction Odors (short-term) may include odors associated with equipment use including diesel exhaust or roofing, painting and paving. These odors are temporary and would dissipate rapidly. Operation Odors (long-term) are typically associated with the type of use. The proposed project is a funeral home for the principal purpose of visitation of the deceased (that have been prepared.off-site at other locations) and funeral services. There will be no cremation, embalming, or burials on-site and, therefore, no chemicals, materials, and/or equipment for such activities on-site. No other sources of objectionable odors have been identified for the proposed project. No adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project. a) Have a substantial adverse effect, either directly or ( ) ( ) ( ) (✓) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat ( ) ( ) ( ) (✓) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? C) Have a substantial adverse effect on federally O O O (✓) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native ( ) ( ) ( ) (✓) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ( ) ( ) ( ) (✓) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (✓) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? A & 6217 P508 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 15 Less Then SiprBmaM Less Issues and Supporting Information Sources: pot MtiMhlen s, ant Ne Imnep 1n 2tetl etl Im Lt Comments: a) The project site is located in an area developed with residential and commercial uses. The site has been minimally disrupted for construction of paved areas for parking and access to the Cour House and the office buildings to the south. Also, there has been construction of some public right-of-way improvements along the project perimeter at Etiwanda Avenue and Candlewood Street. According to the General Plan Figure RC-4, and Section 4.4 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources, therefore, development will not adversely affect rare or endangergd species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. b) The project site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. C) No wetland habitat is present on-site. As.a result, project implementation would have no impact on these resources. d) The City is primarily located in an urban area that does not contain large, contiguous natural open space areas. Wildlife potentially may move through the north/south trending tributaries in the northern portion of the City and within the Sphere of Influence. Therefore no adverse impacts are anticipated. e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. f) Neither the City nor the SOI are within an adopted HCP, NCCP, or other approved State Habitat Conservation Plan area. The project site is not located within a local conservation area according to the General Plan, Open Space and Conservation Plan, Figure RC-1. No conflicts with habitat conservation plans will occur. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ( ) ( ) ( ) (✓) significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the ( ) (✓) ( ) ( ) significance of an archeological resource pursuant to § 15064.5? C) Directly or indirectly destroy a unique paleontological ( ) (✓) ( ) ( ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred ( ) ( ) ( ) (✓) outside of formal cemeteries? Comments: a) The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). Immediately to the northwest of the project site is the historic Cour House. However, the Cour House is A & 6218 P509 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Pape 16 Less Then Sig,;-nl Less Issues and Supporting Information Sources: Pp18n1v1y wnn Than pp 9 Signfi ant Miupa ion Sg Yfionl No Im ad I teE I ep I C not part of this project, nor is there any improvements proposed with this project that will directly affect the Cour House. There will be no impact. b) There are no known archaeological sites or resources recorded on the project, however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FPEIR (Section 4.6). Construction activity, particularly grading, soil excavation, and compaction, could adversely affect or eliminate existing and potential archaeological resources. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Cultural Resources based on the future build out of the City. The following mitigation measures as identified in the FPEIR shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. Prepare a mitigation plan consistent with Section 21063.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying a in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. C) The General Plan FPEIR (Section 4.6) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the research performed at the Natural History Museum of Los Angeles County and the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the Sphere-of-Influence, including the project site, however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last 'Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per the Public Safety Element of the General Plan; therefore, the following mitigation measures shall be implemented: A & B219 P510 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 17 Less TM Sgr%M a Less Issues and Supporting Information Sources: poaemi•uy wen Tnen s.gnd,.t Mdpeoon sign oam No 1 d In M d Impav Impad 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. d) The proposed project is in an area that has already been disturbed by residential and commercial development. The project site is located in an area developed with residential and commercial uses. The site has been minimally disrupted for construction of paved areas for parking and access to the Cour House and the office buildings to the south. Also, there has been construction of some public right-of-way improvements along the project perimeter at Etiwanda Avenue and Candlewood Street. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. A & B 220 P511 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 18 Lae.Tmn svwl¢ [ L.S. Issues and Supporting Information Sources: Pmena.11y WM Then PP 9 sign'.n( Maigauon S�grAwN No imp= Inm .t. ad Im ect 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ( ) ( ) ( ) (✓) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ( ) ( ) ( ) (✓) iii) Seismic-related ground failure, including ( ) ( ) ( ) (✓) liquefaction? iv) Landslides? O O O (✓) b) Result in substantial soil erosion or the loss of topsoil? O (✓) O ( ) C) Be located on a geologic unit or soil that is unstable, ( ) ( ) ( ) (✓) or that would become unstable as a result of-the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table ( ) ( ) ( ) (✓) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use ( ) ( ) ( ) (✓) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5.1 of the General Plan FEIR. The Red Hill Fault passes within 2 miles northwest of the site, and the Cucamonga Fault Zone lies approximately 3.75 miles to the north. These faults are both capable of producing Mw 6.0-7.0 earthquakes. Also, the San Jacinto fault, capable of producing up to M„„7.5 earthquakes is approximately earthquakes, is 15.5 miles northeasterly of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code will ensure that geologic impacts are less-than-significant. b) The City of Rancho Cucamonga is within a designated Soil Erosion Control Area Exhibit 4.7-4 of the General Plan FPEIR. The proposed project will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of A & 8221 P512 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 19 Less Than Significant Less Issues and Supporting Information Sources: Posen°ally we Than PP 9 Significant Mitigation Si gnificant Ne Im act Inco rated Im ad Im ecl dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PMfg emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PMfg emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PMfg emissions. C) The General Plan FPEIR (Section 4.7) indicates that there is a potential for the hillside areas at the northern end of the City and in the SOI for slope failure, landslides, and/or erosion. Areas subject to slope instability contain slopes of 30 percent or greater. Landslides may be induced by seismic activity, rain, or construction. The City Hillside Development Regulations prohibits the development within slopes of 30 percent or greater and limit the number of units that could be constructed within the Hillside Residential and Very Low Density Residential designations in the Hillside areas. The site is not within an Earthquake hazard zone or other unstable geologic unit or soil type according to General Plan FPEIR Exhibit 4.7-2. Soil types on-site consist of Tujunga Loamy Sand (TuB) Soil association according to General Plan FPEIR Exhibit 4.7-3. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on-site consist of Tujunga Loamy Sand (TuB) Soil association according to General Plan FPEIR Exhibit 4.7-3. These soils are typically stable. No adverse impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. A & B 222 P513 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 20 Leas Then Sipnifiunl Leas Issues and Supporting Information Sources: 5"p°,1"Iamt m lgw� S.gnffi Ve No I.PW ocorpomled Im 1 C 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or ( ) ( ) (✓) ( ) indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of ( ) ( ) (✓) ( ) greenhouse gases? Comments: a) Regulations and Significance -The Federal government began studying the phenomenon of global warming as early as 1979 with the National Climate Protection Act (92 Stat. 601). In June of 2005, Governor Schwarzenegger established California's Green House Gas ("GHG") emissions reduction target in Executive Order (EO) S-3-05. The. EO created goals to reduce GHG emissions for the State of California to 2000 levels by 2010; GHG emissions reduced to 1990 levels by 2020; and GHG emissions reduced to 80 percent below 1990 levels by 2050. Additionally, on December 7, 2009, the U.S. Environmental Protection Agency (USEPA) issued findings regarding GHGs under rule 202(a) of the Clean Air Act: (1) that GHGs endanger human health; and (2) that this will be the first steps to regulating GHGs through the Federal Clean Air Act. The USEPA defines six key GHGs (carbon dioxide [CO21, methane [CH41, nitrous oxide [N201, hydroflourocarbons [HFCs], perflourocarbons [PFCs], and sulfur hexafluoride [SF61. The combined emissions of these well-mixed greenhouse gases from new motor vehicles and engines contribute to GHG pollution. The western states, including Arizona, California, New Mexico, Oregon, Utah, and Washington, already experience hotter, drier climates. California is a substantial contributor of GHGs and is expected to see an increase of three to four degrees Fahrenheit("F) over the next century. Assembly Bill (AB) 32 requires that the California Air Resources Board (ARB), the lead agency for implementing AB 32, determine what the statewide GHG emission level was in 1990 and approve a statewide GHG emissions limit (427 million metric tons of CO2 equivalent) to be achieved by 2020 and prepare a Scoping Plan to outline the main strategies for meeting the 2020 deadline. Significant progress can be made toward the 2020 goal through existing technologies and improving the efficiency of energy use. Other solutions would include improving the State's infrastructure and transitioning to cleaner and more efficient sources of energy. The ARB estimates that 38 percent of the State's GHG emissions in 2004 was from transportation sources followed by electricity generation (both in-State and out-of-State) at 28 percent and industrial at 20 percent. Residential and commercial activities account for 9 percent, agricultural uses at 6 percent, high global warming potential gases at 3 percent, and recycling and waste at 1 percent. It is not anticipated that any single development project would have a substantial effect on global climate change but that GHG emissions from the project would combine with emissions across California, the United States, and the world to cumulatively contribute to global climate change. Therefore, consistent with the ARB's Climate Change Scoping A & B223 P514 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Pape 21 Lass Than Signdcant Les' Issues and Supporting Information Sources: Potentially wen Than PP 9 Significant Mitigation SignMoont No Into orates Im ed Im d Plan, the proposed project was evaluated for consistency with the Early Action Measures (Scoping Plan is a recommendation until adopted through normal rulemaking). The proposed project is assessed by determining its consistency with the 37 Recommended Actions identified by ARB. In compliance with Senate Bill (SB) 97 and CEQA, the project has been analyzed based on a quantitative based standard (CEQA 15064.4). Additionally, the ARB was directed through SB 375 to develop regional GHG emission reduction targets to be achieved within the automobile and light truck sectors for 2020 and 2035. SCAQMD and ARB maintain ambient air quality monitoring stations in the Basin. The stations closest to the project site are the Upland station and the Fontana-Arrow Highway station. The Upland station monitors all criteria pollutant except PM10, PM2.5, and S02 which are monitored at the Fontana-Arrow Highway station. The ambient air quality in the project area for CO, NO2, and S02 are consistently below the relevant State and Federal standards (based on ARB and EPA from 2007, 2008, and 2009 readings). Ozone, PM10, and PM2.5 levels all exceed State and Federal standards regularly. Proiect Related Sources of GHG's - Based on the Guidelines for the Implementation of California Environmental Quality Act, Appendix G, a project would normally be considered to have a significant effect on air quality if the project would violate any ambient air quality standards, contribute substantially to an existing air quality violation, expose sensitive receptors to substantial pollutant concentrations, or conflict with adopted environmental plans and goals of the community. However, neither the CEQA statutes, Office of Planning and Research (OPR) guidelines, nor the draft proposed changes to the CEQA Guidelines prescribe thresholds of significance or a particular methodology for performing an impact analysis. Significance criteria are left to the judgment and discretion of the Lead Agency. Project related GHG's would include emissions from direct and indirect sources. Based on the Air Quality Analysis prepared by Michael Brandman Associates on November 21, 2011, the project would result in the following emissions of carbon dioxide [CO2], methane [CH4], nitrous oxide [N20], hydroflourocarbons [HFCs], (perflourocarbons [PFCs], and sulfur hexafluoride [SF6]). As seen in the tables below, the proposed project would result in a total of 13.80 MTCO2eglyr from construction activities and 40.88 MTCOZeq/yr for area sources and 108.96 MTCOZeq/yr for mobile sources. Total project related emissions would result in 163.64 MTCO2eq/yr (construction, operational, and mobile combined). Short Term (Construction) GHG Emissions - The General Plan FPEIR (Section 4.5) indicates that GHG emissions result from construction activities associated with diesel-powered construction equipment and other combustion sources (i.e. Generators, workers vehicles, material delivery, etc.). The GHG emitted by construction equipment is primarily carbon dioxide (CO2). The highest levels of construction related GHG's occur during site preparation including demolition, grading, and excavation. Construction related GHG's are also emitted from off-site haul trucks and construction workers traveling to the job site. Exhaust emissions from construction activities would vary each day with the changes in construction activity on-site. The combustion of fossil-based fuels creates GHG's such as CO2, Cho, and N20. CH4 is emitted during the fueling of heavy equipment. Construction greenhouse gas emissions are: A & B224 P515 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Pape 22 Less Than Slpnlpwnt Less Issues and Supporting Information Sources: Polenpant wns Than PP 9 SiImpadnl Mitipatian 9pn cant No Im ad In Ietl Im eel 1 etl Source Totals for 2012 Totals for 2013 MTCO e MTCO2e Grading 18.39 - Building Construction 226.07 44.75 Paving 65.36 51.27 Coating - 8.04 Combined Total 413.90 Average (30 years) 13.80 Although the emissions are less than the de facto SCAQMD threshold of 3,000 MT/year, the following mitigation measures shall be implemented to further reduce impacts to less-than-significant levels: 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contactor shall select construction .equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. Long-Term (Operational) GHG's Emissions - The primary source of GHG emissions generated by the proposed project would be from motor vehicles, combustion of natural gas for space and water heating, as well as off-site GHG emissions from generation of electricity consumed by the proposed land use development over a long term. CEQA requires the Lead Agency to review the project for "adequacy, completeness, and a good faith effort at full disclosure," to determine potential impacts of GHG's. Therefore, the project has been analyzed based on methodologies and information available to the City at the time this document was prepared. Estimates are based on past performance and represent a scenario that is a worst case with the understanding that technology changes A & B225 P516 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 23 Leu TM Sig��t Leu Issues and Supporting Information Sources: se%taIm MNw s.Ti.W No a nwWaW I n ad may reduce GHG emissions in the future. To date, there is no established quantified GHG emission threshold, but the de facto screening threshold is 3,000 MT/year. Operational greenhouse gas emissions are: Source Emissions MTCO e Mobile 108.96 Natural Gas 1.62 Electricity 25.91 Water Transport 9.85 Waste 3.50 Subtotal—Operations Total 149.84 Subtotal—Construction Total (Average 13.80 30 years) Total (Operations + Construction) 163.64 The project involves the construction of a funeral home(that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porto cochere of 1,371 square feet on a vacant parcel of 2.32 acres and, therefore, would result in an increase in the net increases of both stationary and mobile source emissions. The majority of energy consumption typically occurs during project operation (more than 80 percent and less than 20 percent during construction activities). The proposed project will incorporate several design features that are consistent with the California Office of the Attorney General's recommended measures to reduce GHG emission including: water efficient landscaping; shade trees in the parking lot; a bike rack; construction of and corresponding accessibility to, public sidewalks; and preferential parking for carpools/vanpools. The project is consistent with the California Environmental Protection Agency Climate Action Team proposed early action measures to mitigate climate change included in the CARB Scoping Plan mandated under AB 32. The developer of the project will be required to provide water efficient landscaping; shade trees in the parking lot; a bike rack; construction of and corresponding accessibility to, public sidewalks; and preferential parking for carpools/vanpools. Additionally, the City is participating in the development of a Sustainable Communities Strategy (SCS) with SANBAG for the San Bernardino County area pursuant to Senate Bill (SB) 375. The proposed project will result in 163.64 MTCOZeq/yr total project-related emissions without reduction from project design features. The long-term operation greenhouse gas emissions of the project will contribute to area pollutants but will not exceed the A & B 226 P517 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 24 Lass Than SipnRram Lees Issues and Supporting Information Sources' Polentiauy Wun nan PP g SpnlLwnl Maipaapn Slpnifi ant No Impact Inm atep Impart Impad SCAOMD's threshold of 3,000 MT/year. To further reduce the emissions, the following mitigation measures shall be implemented: 7) Construction and Building materials shall be produced and/or manufactured locally. Use "green Building Materials" such as materials that are resource efficient, recycled, and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation • Limit air leakage through the structure • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances • Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems • Install light colored "cool" roofs and cool pavements Install solar or light emitting diodes (LED's)for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following; • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance.. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, deal flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non- vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. A & B227 P518 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Pape 25 Laaa Then Sigh cant Leas Issues and Supporting Information Sources: FctaM jy Mh Than sloN nl Muipeam Sign ,cant No tea Im a b) The project proposes the construction of a funeral home (that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porto cochere of 1,371 square feet on a vacant parcel of 2.32 acres (note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691). No other applicable plans, policies, or regulations adopted for the purpose of reducing GHG emission apply to the project. The 2010 General Plan Update included adopted policies and Standard Conditions that respond to the Attorney General and the California Air Pollution Control Officers Association (CAPCOA). The General Plan policies and Standard Conditions guide infill and sustainable development reliant on pedestrian connections, re-use and rehabilitation of existing structures, link transportation opportunities, promote development that is sensitive to natural resources and incentivizes denser mixed use projects that maximizes divers opportunities. The proposed project includes water efficient landscaping; shade trees in the parking lot; a bike rack; construction of and corresponding accessibility to, public sidewalks; and preferential parking for carpools/vanpools and, therefore, is consistent with the policies of the General Plan. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of GHG's and determined that GHG emissions would be cumulatively considerable, which would be a significant unavoidable adverse cumulative impact. A Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project would not hinder the State's GHG reduction goals established by Assembly (AB) 32 and therefore would be a less-than-significant impact. 8. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C) Emit hazardous emissions or handle hazardous or ( ) ( ) ( ) (✓) acutely hazardous materials, substances, or waste within 114 mile of an existing or proposed school? d) Be located on a site which is included on a list of ( ) ( ) ( ) (✓) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, ( ) ( ) ( ) (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓) would the project result in a safety hazard for people residing or working in the project area? A & B 22 P519 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 26 Less $Ignlfi.Lani X986 Issues and Supporting Information Sources: P0Im 1-1KC lly w nn Tn I SlUW nl K%gatmn Sigmfic. , m , No Im CI g) Impair implementation of or physically interfere with an ( ) ( ) ( ) (✓) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including ( ) ( ) ( ) V)where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: ` a) Development within the City may utilize or generate hazardous materials or wastes. This is usually associated with individual households, small business operations, and maintenance activities like paints, cleaning solvents, fertilizers, and motor oil or through construction activities that would use paints, solvents, acids, curing compounds, grease, and oils. These materials would be stored and used at individual sites. The City participates in a countywide interagency coalition, which is considered a full-service Hazardous Materials Division that is more comprehensive that any other in the State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant. In any event, the proposed project is a funeral home for the principal purpose of visitation of the deceased (that have been prepared off-site at other locations) and funeral services. There will be no cremation, embalming, or burials on-site and, therefore, no chemicals, materials, and/or equipment for such activities on-site. No adverse impacts are expected. b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition, which is considered a full service Hazardous Materials Division that is more comprehensive than any other in the State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less-than-significant. In any event, the proposed project is a funeral home for the principal purpose of visitation of the deceased (that have been prepared off- site at other locations) and funeral services. There will be no cremation, embalming, or burials on-site and, therefore, no chemicals, materials, and/or equipment for such activities on-site. No adverse impacts are expected. C) There is a school located within 114 mile of the project site. About 0.15 mile to the south to southeast is Perdew Elementary School at 13051 Miller Avenue. The project will be required to comply with the existing State and Federal standards on the use and transport of hazardous materials. Typically, the uses proposed do not create objectionable odors. In any event, the proposed project is a funeral home for the principal purpose of visitation of the deceased (that have been prepared off-site at other locations) and funeral services. There will be no cremation, embalming, or burials on-site and, therefore, no chemicals, materials, and/or equipment for such activities on-site. No adverse impacts are expected. A & B229 P520 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 27 Loss Then sipnilre t Less Issues and Supporting Information Sources: °O'e"'°'h `"`" "18" PP g ftnBimnt md,g " significant Na as ncprpwfie i d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspections did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. e) The site is not located within an Airport Land Use Plan according to the General Plan Figure PS-7 and General Plan FPEIR Exhibit 4.8-1 and is not within 2 miles of a public airport. The project site is located approximately 5 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is located approximately 2-1/2 miles to the west of the City's westerly limits. No impact is anticipated. g) The City has a developed roadway network that provides emergency access and evacuation routes to existing development. New development will be located on a site that has access to existing roadways. The City's Emergency Operation Plan, which is updated every three years, includes policies and procedures to be administered by the City of Rancho Cucamonga in the event of a disaster. Because the project includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. h) Rancho Cucamonga faces the greatest ongoing threat from wind-driven fires in the Very High Fire Hazard Severity Zone found in the northern part of the City; however, the proposed project site is not located within a Very High Fire Hazard Severity Zone according to General Plan Figure PS-1. 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge ( ) (✓) ( ) ( ) requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the ( ) ( ) ( ) (✓) production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the ( ) ( ) ( ) (10 course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase ( ) ( ) ( ) (✓) the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? A & B 230 P521 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 28 Leas mw sgn,.M Leas Issues and Supporting Information Sources: Pmnffi.y vmn Then PP 9 slp"mwm Mllipe(ion sipnifwnt No I eh Inw etetl Irtwect Impel e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater ( ) ( ) ( ) (✓) drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ( ) ( ) ( ) (✓) g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood ( ) ( ) ( ) (✓) Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ( ) ( ) ( ) (✓) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ( ) ( ) ( ) (✓) flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ( ) ( ) ( ) (✓) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The project is designed to connect to existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit. The State Water Resource Control Board (SWRCB), through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit. The General Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: • Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) to prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. • Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. • Perform inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare an SWPPP. To comply with the NPDES, the construction contractor of the project will be required to A & B231 P522 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2 01 1-01 094D AND CONDITIONAL USE PERMIT DRC2011-01094 Pape 29 Lass Then Sib^ificanl Less Issues and Supporting Information Sources: Pmantialy wim Then Signff,., Miligellan Significenl No Im acY Inm omtea Im ad Im ad prepare an SWPPP during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff. Prior to issuance of Building Permits, the applicant will be required to submit for approval a Water Quality Management Plan (WQMP) that identifies Best Management Practices (BMPs) to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads, and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials. Practices such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures are required to control additional storm water effluent: Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. Post- Construction Operational: A & B 232 P523 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 30 Less Than sigh cant Lees Issues and Supporting Information Sources: satin l Melg at,on s�grdcanl N. lm,.d relaC 1 ad Im ad 6) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. b) According to CVWD, approximately 35 percent of the City's water is currently provided from water supplies coming from the underlying Chino and Cucamonga Groundwater Basins. CVWD complies with its prescriptive water rights as managed by the Chino Basin Watermaster and will not deplete the local groundwater resource. The proposed project will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Figure RC-3. Development of the site will require the grading and excavation, but would not affect the existing aquifer, estimated to be about 300 to 470 feet below the ground surface. As noted in the General Plan FPEIR (Section 4.9), continued development citywide will increase water needs but will not be a significant impact. CVWD has plans to meet this increased need to the year 2030. No impacts are anticipated. C) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on the site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on-or off-site. No impacts are anticipated. e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result in substantial additional sources of polluted runoff. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, A & B233 P524 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 31 Less Then SlgM.M Less Issues and Supporting Information Sources: P°tanueuy vnth Than S,gn,ficenl Mitigation Significant No Im act Incur oreted Im ad Im ad increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts. The site is for new development, therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. The following mitigation measures shall be implemented: 8) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 9) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NO[) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. g) No housing units are proposed with this project — this is not a residential project. No adverse impacts are expected. h) The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No adverse impacts are expected. i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to adequately convey floodwaters from a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Figure PS-6. The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No adverse impacts are expected. j) There are no oceans, lakes, or reservoirs near the project site; therefore, impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. A & B 234 P525 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC201 1-01 094 Page 32 Less Tlnn significenl Lass Issues and Supporting Information Sources: 'a'ff`ray po T '° PP 9 silmpfi l ,,p"n SigMina No Im en 1 eE Im a I p 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C) Conflict with any applicable habitat conservation plan or natural community conservation plan? Comments: a) The project site is located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street and is characterized by single-family residential development to the north and west. To the east is the Ontario Freeway (1-15). To the south of the project site are two small buildings — a post office and an office, while immediately to the northwest of the project site is the historic Cour House. Neither the office buildings, nor the Cour House are part of this project. This project is a commercial development and, therefore, will not be similar in size to any of the existing residences in the immediate vicinity. However, the architecture of the building will be consistent with the Etiwanda Specific Plan and the architecture of the single-family residences to the north and the west. The building will be similar in function to Etiwanda Gardens, a multi-purpose facility located to the northwest (across Etiwanda Avenue) that is used for weddings, funerals, family functions, etc. The project will become a part of the larger community. No adverse impacts are anticipated. b) The project site land use designation is Office Park (OP) District, Etiwanda Specific Plan. The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection, SCAG's Compass Blueprint, or SCAG's Regional Comprehensive Plan. The proposal is to construct and operate a funeral home (that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porto cochere of 1,371 square feet on a vacant parcel of 2.32 acres (note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691). The development of the site with a funeral home will be consistent with the land use designations as described in the Etiwanda Specific Plan and the General Plan. The building setbacks, lot coverage/floor area ratio, overall layout of the site including plotting of the building and parking area, on-site and off-site traffic circulation, and landscaping are consistent with the Etiwanda Specific Plan and the General Plan. As such, no impacts are anticipated. C) The project site is not located within any habitat conservation or natural community plan area. According to General Plan Figure RC-4 and Section 4.10 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. A & B 235 P526 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 33 Lee.Then SiBnihont Lees Issues and Supporting Information Sources: Pctentie0y WKh Than ftnlecent mdoeWn SiOnlficenl No Im ed Incorpmfled Im Im d 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ( ) ( ) ( ) (✓) resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important ( ) ( ) ( ) (✓) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure RC-2 and Table RC-1; therefore, there is no impact. b) The site is not designated by the General Plan, Figure RC-2 and Table RC-1, as a valuable mineral resource recovery site; therefore, there is no impact. 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general ( ) (✓) ( ) ( ) plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ( ) ( ) ( ) (✓) ground bome vibration or ground bome noise levels? C) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing ( ) ( ) ( ) (✓) without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels ( ) (✓) ( ) ( ) existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the ( ) ( ) ( ) (✓) project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in ( ) ( ) ( ) (✓) the project area to excessive noise levels? Comments: a) The project site is within an area of noise levels exceeding City standards according to General Plan Figure PS-9 at build-out. The project site is within the 70dba CNEL noise contour of the Ontario Freeway (1-15) which is located to the east of the project site. However, the proposal is to construct and operate a funeral home. Per Figure PS-8: Noise Compatibility Matrix, new construction of commercial buildings and commercial activity is "conditionally acceptable' provided that the building has closed windows and fresh air supply systems or air conditioning. The normal operations associated with this A & B236 P527 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 34 Le.°Trten S,9Nfiont Less Issues and Supporting Information Sources: P,p,fi.y vmm Tn°n pP g SII.P.d l Mllipalien Signl6oeN No Im eG Into orated Im eG IM p. type of project normally do not induce noise. Construction related activities such as the use of earthmoving and construction equipment, arrivalldeparture of contractors' vehicles and material delivery vehicles, and the construction of the building itself may create noise impacts. However, these impacts will be short term and less than significant when the activities are conducted in compliance with the mitigation measures listed below and the Development Code. Exterior. 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. b) The proposal is to construct and operate a funeral home (that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porto cochere of 1,371 square feet on a vacant parcel of 2.32 acres (note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691). The normal operations associated with this type of project normally do not induce ground bome vibrations. Construction related activities such as the use of earthmoving and construction equipment, arrival/departure of contractors' vehicles and material delivery vehicles, and the construction of the building itself may create vibration impacts. However, these impacts will be short term and less-than-significant when the activities are conducted in compliance with the mitigation measures listed below and the Development Code. C) The primary source of ambient noise levels in Rancho Cucamonga is traffic. Because the project will not significantly increase traffic as analyzed in Section 16 Transportation/Traffic, it will likely not increase ambient noise levels within the vicinity of the project. d) The General Plan FPEIR (Section 4.12) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 3) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 4) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times A & B 237 P528 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 35 Lee.Thai $,W,.n1 lees Issues and Supporting Information Sources: slwB B1m gn '"'" SiIMPWm colTolon SlImpw No I I etl I I may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards,then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment but do not address the potential impacts because of the transport of construction materials and debris. The following- mitigation measures shall then be required: 5) Haul truck deliveries shall not take place between the hour; of 6:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is not located within an Airport Land Use Plan and is not within 2 miles of a public airport. The Project is located approximately 6 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2-1/2 miles to the west of the City's westerly limits. No impact is anticipated. 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and O O O (✓) businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing ( ) ( ) ( ) (✓) elsewhere? C) Displace substantial numbers of people, necessitating ( ) ( ) ( ) (✓) the construction of replacement housing elsewhere? Comments: a) The project is located in a predominantly developed area and will not induce population growth. Once constructed, the proposed project will have a limited number of employees; hence, will not create a demand for additional housing as a majority of the employees will likely be hired from within the City or surrounding communities. No impacts are anticipated. A & B 238 P529 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 36 Lo Than SlBnirKarB Less Issues and Supporting Information Sources: Pn:".-1'y wCIM Then PP 9 SiB^��^I MIBBBLnn Sit% enl No Im n I IBC I IM PL b) The project site is commercial and therefore contains no existing housing units. Because the property is vacant there will be no displacement of housing or people. Therefore no adverse impact is expected. C) The project site is commercial and is vacant land. No impacts are anticipated. Because the property is vacant there will be no displacement of housing or people. Therefore no adverse impact is expected. 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ( ) ( ) ( ) (✓) b) Police protection? ( ) ( ) ( ) (✓) C) Schools? ( ) ( ) ( ) (✓) d) Parks? ( ) ( ) ( ) (✓) e) Other public facilities? ( ) ( ) ( ) (✓) Comments: a) The project site is located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street and would be served by a fire station, Fire Station #3, located about one (1) mile from the project site to the northwest at 12270 Fire House Court. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project to lessen the future demand and impacts to fire services. No impacts are anticipated. b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. C) The site is in a developed area currently served by the Etiwanda School District and the Chaffey Joint Union High School District. The project will be required to pay School Fees as prescribed by State law prior to the issuance of Building Permits. No impacts are anticipated. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park, Victoria Arbors Park, is located approximately 0.5 mile from the project site to the west at 7429 Arbor Lane. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels-of-service, which could cause the need to construct new facilities. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. A & B 239 P530 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 37 Lass Then Sip snl Las I s Issues and Supporting Information Sources: P osnt wm, Tisn Spnifiwnt Milpslion Sipni6nm No Im eq Into aleE Im scl 1 e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FPEIR (Section 4.14), there will be a projected increase in library space demand but with the implementation of standard conditions the increase in Library Services would be mitigated to less-than-significant impact. Additionally, the Paul A. Biane Library has an additional 14,000 square foot shell of vacant library space that is planned for future Library use. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Therefore no adverse impact is expected. 15. RECREATION. Would the project: a) Increase the use of existing neighborhood and ( ) ( ) ( ) (✓) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ( ) ( ) ( ) (✓) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park, Victoria Arbors Park, is located about 0.5 mile from the project site to the west at 7429 Arbor Lane. This project is not proposing any new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. b) See a) response above. A & B 240 P531 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 38 Less Tha .$Ig1YTI X896 Issues and Supporting Information Sources: PotenMlly w Ten SignM.m mmgmm S,gnifi®m No Im am In W Im ❑ Im am 16. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant ( ) ( ) (✓) ( ) components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to a level of service standards and travel demand measures, or other ( ) ( ) (✓) ( ) standards established by the county congestion management agency for designated roads or highways? C) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ( ) ( ) ( ) (✓) location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or ( ) ( ) ( ) (✓) incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ( ) ( ) ( ) (✓) f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian ( ) ( ) ( ) (✓) facilities, or otherwise decrease the performance or safety of such facilities? Comments: a) Implementation of the proposed project will generate 311 vehicle trips daily. The proposed project is to construct and operate a funeral home (that will not include a crematory, a cemetery, nor conduct embalming)with a floor area of 6,911 square feet and a porto cochere of 1,371 square feet on a vacant parcel of 2.32 acres (Note: Final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691). The Institute of Transportation Engineers (ITE) Trip Generation (81" Edition) for churches (the closest equivalent to a funeral home as a land use category for funeral homes for trip generation purposes is not available) estimates that each seat within the chapel area of the funeral home will generate 1.85 trips daily. Note that because of the nature of the operation of the funeral home, instead of traffic being generated continuously throughout the day, the traffic that will be generated will occur in pulses, i.e. the heaviest traffic will occur during funeral processions. Furthermore, the number of occupants in a vehicle will be higher as the attendees to funeral services will be associated with the deceased and each other (friends, family, etc.) and will likely carpool in greater numbers than would otherwise be expected for a typical office or commercial development. According to the Traffic Impact Analysis prepared by Albert Wilson & Associates, assuming three (3) persons per vehicle and a chapel capacity A & B241 P532 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 39 Lea,Then sig,wfi a l Leas Issues and Supporting Information Sources: sw�wt Muw s,sAncam Na Impact Into ,lad imp= Im ad of 168 seats, there will be 56 vehicles per funeral procession. These processions are expected to occur about three (3) times per week. All other traffic generated by this use will be limited to the employees (less than ten (10), typically four(4)) and during visitations (of the deceased). For the purposes of the analysis and determination of potential impacts, the traffic consultant assumed that the funeral processions would occur during peak AM and PM hours. As noted in the General Plan FPEIR (Section 4.16), continued development will contribute to the traffic load in the Rancho Cucamonga area. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. The project is in an area that is mostly developed with street improvements existing or included in project design. The project will not create a substantial increase in the number of vehicle trips, traffic volume, or congestion at intersections. The project site will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards. In addition, the City has established a Transportation Development fee that must be paid by the applicant prior to issuance of Building Permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. b) The Rancho Cucamonga Traffic Model estimates that each chapel seat will generate 0.61 two-way peak hour trips daily. Note that because of the nature of the funeral home's operations, instead of traffic being generated continuously throughout the day, the traffic that will be generated will occur in pulses, i.e. the heaviest traffic will occur during funeral processions. Furthermore, the number of occupants in a vehicle will be higher as the attendees to funeral services will be associated with the deceased and each other (friends, family, etc.) and will likely carpool in greater numbers than would otherwise be expected for a typical office or commercial development. According to the Traffic Impact Analysis prepared by Albert Wilson & Associates, assuming three (3) persons per vehicle and a chapel capacity of 168 seats, there will be 56 vehicles per funeral procession. These processions are expected to occur about three (3) times per week. All other traffic generated by this use will be limited to the employees (less than ten (10), typically four (4)) and during visitations (of the deceased). For the purposes of the analysis and determination of potential impacts, the traffic consultant assumed that the funeral processions would occur during peak AM and PM hours. In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these development impact fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement. This project will be required, as a condition of approval, to pay the adopted transportation development fee prior to issuance of building permit. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the level of service standards on adjacent arterials. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. No impacts are anticipated. C) Located approximately 5 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. A & B 242 P533 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 40 Leaa Than Sipmfiranl Issues and Po°ntiely w"" 'hw Su pp ortin g Information Sources: S Sip fi am No Im ea Inco eletl I act 1 h d) The project is in an area that is mostly developed. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontages of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. e) The project will be designed to provide access for all emergency vehicles during construction and upon completion of the project and will therefore not create an inadequate emergency access. No impacts are anticipated. D The design of the project includes, or the project will be conditioned to provide, features supporting transportation and vehicle trip reduction such as a bike rack and preferential parking for carpoolslvanpools. Because of the nature of the operation of the funeral home, the incidence of carpooling will be higher as the attendees to funeral services will be associated with the deceased and each other (friends, family, etc.) and each vehicle will likely have more occupants than would otherwise be expected for a typical office or commercial development. No impacts are anticipated. 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the ( ) ( ) ( ) (✓) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing ( ) ( ) ( ) (✓) facilities, the construction of which could cause significant environmental effects? C) Require or result in the construction of new storm water drainage facilities or expansion of existing ( ) ( ) ( ) (✓) facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or ( ) ( ) ( ) (✓) are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected ( ) ( ) ( ) (✓) demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ( ) ( ) ( ) (✓) disposal needs? g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (✓) regulations related to solid waste? Comments: a) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-1 and RP-4 treatment plants. The RP-1 capacity is sufficient to exceed the additional development within the western and A & B243 P534 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 41 Less Than S,p ,d nl Lesc Issues and Supporting Information Sources: Potwhally wa man PP 9 s SiBnifieant No Im ecl Into atetl Im d 1 ap southern areas of the City. The RP-4 treatment plant has a potential ultimate capacity of 28 mgd which is considered more than adequate to capacity to treat all increases in wastewater generation for build-out of the General Plan. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at ` capacity. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. C) All runoff will be.conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of Grading Permits. The impact is not considered significant. d) The project is served by the CVWD water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. e) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. No impacts are anticipated. f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. No impacts are anticipated. g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. A & B244 P535 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 42 Less Then Sgnificanl Less Issues and Supporting Information Sources: Fotetaalty wen Then PP 9 SiBnificenl Mhwton Swificant No Im ed I ele0 lnyd Im act 18. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, ( ) ( ) ( ) (✓) reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection ( ) ( ) ( ) (✓) with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? C) Does the project have environmental effects that will cause substantial adverse effects on human beings, ( ) ( ) ( ) (✓) either directly or indirectly? Comments: a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Figure RC4. Additionally, the area surrounding the site is developed. Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site. No impacts are anticipated. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2010 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to Aesthetics, Agriculture and Forest Resources, Air Quality, Climate Change and Mineral Resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. C) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air.quality would be short term and would cease once A & B 245 P536 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 43 construction activities were completed. Mitigation measures contained in this Initial Study will ensure impacts are at less-than-significant levels. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier PEIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): (T) General Plan FPEIR (SCH#2000061027, Certified May 19, 2010) (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (T) Master Environmental Assessment for the 1989 General Plan Update (SCH#88020115, certified January 4, 1989) (T) Etiwanda Specific Plan EIR (SCH #82061801, certified July 6, 1983) (T) Air Q ;ality and Greenhouse Gas Analysis Michael Brandman Associates, November 21, 2011 (hardcopy to South Coast Air Quality Management District; all others refer to attached CD) (T) Traffic Impact Analysis Albert Wilson &Associates, May 11, 2012. Revised June 28, 2012 A & B 246 P537 Initial Study for City of Rancho Cucamonga DEVELOPMENT REVIEW DRC2011-01094D AND CONDITIONAL USE PERMIT DRC2011-01094 Page 44 APPLICANT CERTIFICATION 1 certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby a ree to the pr sed mitigation measures to avoid the effects or mitigate the effects to a point wher ea noAignifi t environmental effects would occur. �q Applicant's Signature: i Date: 6> / �7 Print Name and Title: A & B 247 P538 City of Rancho Cucamonga in MITIGATION MONITORING PROGRAM Project File No.: Development Review DRC2011-01094D/Conditional Use Permit DRC2011-01094 This Mitigation Monitoring Program(MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management-The MMP will be in place through all phases of the project. The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation)that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants'fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action,what action will be taken and when,and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 A & B248 P539 Mitigation Monitoring Program DRC2011-01094D AND DRC201 1-01 094—HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed,as determined by the project planner or responsible City department,to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits. 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Project File No.: Development Review DRC2011-01094D and Conditional Use Permit DRC2011-01094 Public Review Period Closes: July 25, 2012 Project Name: Project Applicant: Bill Reseigh, HMR Architects, AIA Project Location (also see attached map): Located within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan near the southeast corner of Etiwanda Avenue and Candlewood Street - APN: 1100-031-07. Project Description: A request to construct and operate a funeral home (that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porto cochere of 1,371 square feet on a vacant parcel of 2.32 acres (note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. FINDING This is to advise that the City of Rancho Cucamonga,acting as the lead agency,has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted,the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909)477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. July 25. 2012 Date of Determination Adopted By A & B261 RESOLUTION NO. 12-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2011-01094, A REQUEST TO CONSTRUCT AND OPERATE A FUNERAL HOME (THAT WILL NOT INCLUDE A CREMATORY, A CEMETERY, NOR CONDUCT EMBALMING) WITH A FLOOR AREA OF 6,911 SQUARE FEET AND A PORTE-COCHERE OF 1,371 SQUARE FEET ON A VACANT PARCEL OF 2.32 ACRES (NGTC F- n ^L_nom• SU�4494-)WITHIN THE ETIWANDAAVENUE OVERLAY DISTRICT IN THE OFFICE PROFESSIONAL (OP) DISTRICT OF THE ETIWANDA SPECIFIC PLAN, LOCATED NEAR THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND CANDLEWOOD STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1100-031-07. A. Recitals. 1. HMR Architects, on behalf of SCI Funeral Services, Inc., filed an application for the issuance of Conditional Use Permit DRC2011-01094, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 25th day of July 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning 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. Based upon the substantial evidence presented to this Commission during the above-referenced meeting on July 25, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a vacant, irregularly-shaped parcel located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street; and b. The parcel is approximately 164,200 square feet (3.77 acres) in area. As part of the proposal, the applicant has submitted a Lot Line Adjustment(Related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line. Following the adjustment the rectangular parcel will have an area of approximately 101,000 square feet (2.32 acres)with overall dimensions of approximately 350 feet(east to west) by approximately 307 feet (north to south); and A& B262 P553 RESOLUTION NO. 12-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2011-01094, A REQUEST TO CONSTRUCTAND OPERATE A FUNERAL HOME WITH A FLOOR AREA OF 6,911 SQUARE FEET AND A PORTE-COCHERE OF 1,371 SQUARE FEET ON A VACANT PARCEL OF 2.32 ACRES (NOTE: FINAL AREA OF THE PARCEL SUBJECT TO OUTCOME OF LOT LINE ADJUSTMENT SUBLLA#691) WITHIN THE ETIWANDA AVENUE OVERLAY DISTRICT IN THE OFFICE PROFESSIONAL (OP) DISTRICT OF THE ETIWANDA SPECIFIC PLAN, LOCATED NEAR THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND CANDLEWOOD STREET; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1100-031-07, A. Recitals. 1. HMR Architects, on behalf of SCI Funeral Services, Inc., filed an application for the issuance of Conditional Use Permit DRC2011-01094, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 25th day of July 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning 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. Based upon the substantial evidence presented to this Commission during the above-referenced meeting on July 25, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a vacant, irregularly-shaped parcel located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street, and b. The parcel is approximately 164,200 square feet (3.77 acres) in area. As part of the proposal, the applicant has submitted a Lot Line Adjustment(Related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line. Following the adjustment the rectangular parcel will have an area of approximately 101,000 square feet (2.32 acres) with overall dimensions of approximately 350 feet (east to west) by approximately 307 feet (north to south); and C. To the west across Etiwanda Avenue and north across Candlewood Street of the project site, are single-family residences. To the east is the 1-15 Freeway. To the south of the A & B 262 PLANNING COMMISSION RESOLUTION NO. 12-34 P554 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 2 project site are two, small buildings—a post office and an office,while immediately to the northwest of the project site is the historic Cour House; and d. Neither the office buildings, nor the Cour House identified above are part of this project; and e. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM)Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use(MU)District, Victoria Planned Community; and f. The proposal is to construct and operate a one-story funeral home of 6,911 square feet. Operations will be limited to the arrangement of services, wakes/visitations, and funerals for the deceased and their families. Pre-funeral services, such as the preparation of the deceased, embalming, and body dressing,and/or post-funeral services, such as cremation and/or burials, are not proposed; and g. The proposed hours of operation are between 8:00 a.m. to 5:00 p.m. (Monday through Friday)and between 10:00 a.m.to 4:00 p.m. (Saturday and Sunday). Evening visitations,if requested, will be conducted between 6:30 p.m. and 8:00 p.m. Funeral services and associated activities are anticipated to occur a maximum of three (3)times per week. The duration of a funeral service will vary; and h. The proposed funeral home will have up to four(4) employees; and i. After the funeral service, if the family of the deceased chooses to do so,there will be an escorted funeral procession to the cemetery. According to a traffic impact analysis prepared by Albert Wilson&Associates on May 11, 2012,the typical duration time for an escorted procession to pass through a particular point is approximately 3 minutes and 44 seconds, or four(4) seconds per vehicle,and is based on the assumption that there would be an average of three(3)persons per vehicle. As the funeral home's seating capacity of 168 persons,this equates to fifty-six(56)vehicles (168/3 = 56); and j. If there is no funeral procession, then the use of the public streets will occur in a normal manner; and k. This application is in conjunction with Development Review DRC2011-01094D;and I. The parking calculation for the funeral home is one (1)parking stall per 25 square feet of assembly room, e.g. chapel, or floor area per Section 17.12.040(B)(1)(1)of the Development Code. With a chapel of 1,872 square feet, 75 parking stalls are required for the funeral home, and 75 parking stalls have been provided. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed project is consistent with the objectives of the General Plan. The proposed project is a one-story funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet The underlying General Plan designation is Office; and A & B 263 PLANNING COMMISSION RESOLUTION NO. 12-34 P555 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 3 b. That the proposed project is in accord with the objectives of the Development Code, the Etiwanda Speck Plan, and the purposes of the district in the site is located. The proposed project is a one-story funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use (MU) District, Victoria Planned Community; and C. The proposed project is in compliance with each of the applicable provisions of the Development Code and the Etiwanda Specific Plan. The project will comply with the requirements for site development such as building;,parking, and landscape setbacks; maximum building height; parking; landscaping; and access. The project will comply with the requirements for design including incorporating architecture that is compatible and consistent with the architecture of the surrounding neighborhood and the use of materials, finish, trim, and colors of high quality and appeal; and d. The proposed project, together with the conditions applicable thereto,will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The project site is vacant;the proposed land use is consistent with the land uses within the community where it is located, and the expectations of the community. The proposed funeral home will not include a crematorium, which could affect air quality by emitting particulate matter or odors. The building will incorporate design elements that will be consistent with the architecture of the homes in the neighborhood. Lighting will be required to complywith the City's standards for overall height and luminosity. There will not be a cemetery on-site that could cause visual distress. The project site does not contain biologically sensitive habitat, nor will any existing trees be removed. Noise and vibrations are not typical characteristics of funeral homes. Lastly, traffic generated by this project is within the expected capacity of the surrounding streets. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration,togetherwith all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that,with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it,finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii)that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the A & B 264 PLANNING COMMISSION RESOLUTION NO. 12-34 P556 DRC2011-01094 — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 4 Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The Custodian of Records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planninq Department 1) Approval is for the construction and operation of a funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet on a vacant parcel within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan located near the southeast corner of Etiwanda Avenue and Candlewood Street - APN: 1100-031-07. 2) Approval of this request shall not waive compliance with any sections of the Development Code, Etiwanda Speck Plan, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 3) Approval of this request does not include pre-funeral services,such as the preparation of the deceased such as embalming and body dressing, and/or post-funeral services, such as cremation and/or burials. These activities are prohibited. 4) The hours of operation shall be between 8:00 a.m. to 5:00 p.m. (Monday through Friday) and between 10:00 a.m. to 4:00 p.m. (Saturday and Sunday). Evening visitations shall end no later than 8:00 P.M. 5) The funeral home shall operate in conformance with the performance standards as defined in the Development Code. If the operation of the funeral home causes adverse effects upon the adjacent land uses, then the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible revocation of the Conditional Use Permit. A & B 265 P557 PLANNING COMMISSION RESOLUTION NO. 12-34 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 5 6) Any modification or intensification of the use including: a change in the operating hours;the addition of any activities not specifically approved with this Conditional Use Permit;interior modifications such as, but not limited to, an expansion of the floor area of the building, revisions to the floor plan, increase in the number of seats within the chapel; exterior modifications such as, but not limited to, expansion of the parking lot, revisions to the exterior of the building, installation of roof-mounted equipment or projections; and/or other modifications/intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval bythe Planning Commission prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. 7) Easements shall be provided to the owners)of the adjoining parcels to the northwest and south (APN: 1100-031-06 and 1100-041-01) to allow joint access to Etiwanda Avenue and Candlewood Street via the proposed driveways and drive aisles of the project site. Documents for this easement shall be submitted for review by the City and the easement recorded with the County of San Bernardino (and other agencies/entities as may be required)prior to the issuance of Grading and Building Permits. 8) A minimum of 75 parking stalls shall be provided. 9) The output surface (face) of all lamp heads on wall-mounted light fixtures and the light standards shall be parallel to the ground in order to eliminate glare and minimize lighting on adjacent properties. The maximum height of light standards, including the base,measured from the finished surface is 15 feet. 10) The Etiwanda Avenue stone curbing shall be restored or reconstructed in conformance with adopted City standards acceptable to the Historic Preservation Commission. Photographic documentation of the condition of the curbing shall be provided prior to issuance of Construction Permits per Section 5.25.304 of the Etiwanda Specific Plan. 11) Outdoor storage of operating equipment,supplies, materials, and trash is prohibited. 12) All signs shall comply with the City's Sign Ordinance and Section 5.25.406 of the Etiwanda Specific Plan. 13) All Conditions of Approval for Development Review DRC2011-01094D shall apply. Engineering Department 1) Install public improvements on Etiwanda Avenue frontage (one-half street) per City "Secondary Arterial" standards and the Etiwanda Specific Plan (Fig. 5-23); including pavement to centerline of street, A & 8 266 P558 PLANNING COMMISSION RESOLUTION NO. 12-34 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 6 cobble curb and gutter, 5-foot wide property line adjacent sidewalk, drive approaches, streetlights and street trees as follows and to the satisfaction of the City Engineer. Extend improvements across the adjacent north property - APN: 1100-031-06 and join with Candlewood Street improvements. a) Provide 9500 Lumen HPSV street lights in accordance with City street lighting standards. b) Install Commercial Drive Approaches with a minimum width of 35 feet in accordance with City Standard Plan No. 101, Type-C. c) Provide access easement for adjacent south property fronting Etiwanda to allow them adequate access to Etiwanda Avenue through the south drive approach. d) Install cobble curb with a 10-inch curb face. e) Provide signing, striping, and protect existing R26 "No Parking" signs or replace. f) Provide a Class II Bike Lane on Etiwanda Avenue. g) Install street trees along the project frontages per the attached "Street Tree Requirements Form". Revise the existing improvement plans as needed. 2) Prior to the issuance of a Building Permit, the proposed lot line adjustment is to be recorded with the County of San Bernardino. 3) Dedicate additional right-of-way on Etiwanda Avenue to achieve a total of 50 feet measured from centerline of street (APN: 1100-031-07). Dedication shall extend north across APN: 1100-031-06 to Candlewood Street. 4) Provide shared access 26-foot driveway on the south property line (Etiwanda) with the adjacent south parcel. A 26-foot easement for a joint use driveway and shall be provided prior to the issuance of Building Permits, whichever occurs first. 5) Dedicate additional right-of-way on Candlewood Street to achieve a total of 30 feet measured from the centerline of the street. Dedication to extend across APN: 1100-031-06 to and joining with the comer cutoff with Etiwanda Avenue. Vacate any excess right-of-way across APN: 1100-031-01 as well. 6) If garage on APN: 1100-031-06 is removed by others prior to Building Permit issuance, complete the installation of sidewalk on Candlewood Street prior to a Building Permit issuance. A & B 267 PLANNING COMMISSION RESOLUTION NO. 12-34 P559 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 7 7) Provide an easement to accept cross-lot drainage from the NAP parcel (APN: 1100-031-06). 8) The existing overhead utilities (telecommunications and electrical, except for the 66 kV electrical)on the project side of Etiwanda Avenue shall be under-grounded along the entire project frontage,extending to the first pole off-site (north and south), prior to public improvement acceptance or occupancy,whichever occurs first. All services crossing Etiwanda Avenue shall be under-grounded at the same time. The developer may request a reimbursement agreement to recover one-half the City adopted cost for under-grounding from future development(redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City,all rights of the developer to reimbursement shall terminate. 9) Prior to the issuance of Building Permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50 percent of all wastes generated during construction and demolition are diverted away from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first Building Permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. Building and Safety Prior to issuance of a Grading Permit 1) The applicant shall provide a copy of EPA Form 7520-16(Inventory of Injection Wells) with the Facility ID Number assigned to the Building and Safety Official prior to issuance of the grading permit for any underground Water Quality Management Plan (WQMP) Best Management Practices (BMPs). 2) Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent. 3) Prior to removing fences or walls along common lot lines and prior to constructing walls along common lot lines the applicant shall provide a letter from the adjacent property owner(s) allowing work on the adjacent property. 4) Prior to the issuance of a Grading Permit the applicant shall provide to Building and Safety Services Director a copy of the City of Rancho Cucamonga's Memorandum of Agreement for Storm Water Quality Management Plan for review prior to recordation of the document. The A & B 268 P560 PLANNING COMMISSION RESOLUTION NO. 12-34 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 8 Memorandum of Agreement for Storm Water Quality Management Plan shall be recorded prior to issuance of a Grading Permit. 5) The land owner shall provide an inspection report on a biennial basis for any proposed underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 6) Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number(WDID). 7) A Grading Bond will be required to be submitted to the Building and Safety Official for review and approval prior to issuance of a grading permit. 8) All roof drainage flowing to the public right of way(Etiwanda Avenue) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. Prior to issuance of a Wall Permit 1) On engineered bio-retention basin retaining walls along the property boundary, the structural calculations for the wall shall assume a level toe/heel at the adjacent off-site property(i.e. a manufactured slope is not present). In addition,the wall calculations and design shall include hydrostatic forces and shall be sealed so as to be "water tight." 2) A copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. Water Quality Management Plan 1) A Storm Water Quality Management Plan shall be approved by the Building and Safety Official and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a Grading Permit. 2) The Water Quality Management Plan prepared by an unknown entity dated January 11,2012, has been reviewed and deemed"Incomplete" dated January 24, 2012. The following corrections are required prior to the final approval of the WQMP: Page Section Item Cover The engineer of record must wet sign and seal the document. A-4 1.2 Please include the " DRC " number in this section. A & B 269 PLANNING COMMISSION RESOLUTION NO. 12-34 P561 DRC2011-01094- HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 9 -Page Section Item 1.4 Please include the Santa Ana River Reach 3 (SAR3) which contains bacteria and pathogens in this section. A-8 2.2 In the table item 1.A and 1.0 is correct. Item 1.81 should be marked "no", or as an option you may complete the table starting on page A-10 of the document. A-13 3.1.1 A sentence reads "Ultimately, a portion of that easterly strip might be constructed as a parking lot." Please address if the proposed BMPs will still work with the additional impervious area and will the 27 percent landscaping coverage remain or will the landscaping coverage be reduced. A-13 3.1.1 A sentence reads"The swale will slow down the runoff and will infiltrate most of the low flow into its sand-mix section." Please provide a detail of this swale. It is our understanding that this WQMP document will move forward of the grading plan. Therefore details of all BMPs are required to allow for future inspections by the City and for review during the permitting process to determine if the proposed precise grading plan meets the requirements of this WQMP document. A-14 3.1.1 Two sentences read"The area reserved . . . parking stalls in the future." Please address how the additional impervious pavement will affect the Water Quality Management Plan requirements and the proposed BMP devices. A-16 3.1.2 A sentence reads "All areas of the side including . . ." A side of what? Please define a "side." A-17 3.1.2 A sentence reads "Only if necessary will a portion of the landscaped area be converted to parking stalls." Please address how the additional impervious pavement will affect the Water Quality Management Plan requirements and the proposed BMP devices. 3.2 We thank you providing a copy of the educational materials in this WQMP document. However we have some questions regarding the educational materials. Please address the following items: 0 SD-32 it appears that the requirements for a roof over the trash storage area and not placing storm drains within the immediate vicinity of the trash storage area have not been met on the Conceptual Grading and Drainage Plan; 0 SD-33 why is this included? In the WQMP document you state that vehicle washing is prohibited; 0 TC-31 is a vegetated buffer strip proposed? We did not see a vegetated buffer strip references in the WQMP document; 0 TC-32, one of the limitations are slopes not greater than 20%, the proposed bio-retention basin does not meet this requirement; A & B270 PLANNING COMMISSION RESOLUTION NO. 12-34 P562 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 10 Page Section Item 0 "Fresh concrete and mortar application" -will this project have on-going construction which should be included within the post- construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan?; 0 "Excavation and Grading" - will this project have on-going construction which should be included within the post- construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan?; 0 "Home repair and modeling" - will this project have on-going construction which should be included within the post- construction WQMP document?Would this educational material be better suited to the Storm Water Pollution Prevention Plan?; 0 "Painting" - will this project have on-going construction which should be included within the post-construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan?; 0 "Roadwork and Paving" - will this project have on-going construction which should be included within the post- construction WQMP document?Would this educational material be better suited to the Storm Water Pollution Prevention Plan?; 0 Why is the "Low Impact Development Manual" included in the educational materials? How will this benefit the property manager of the project? This document appears to be written for a designer or engineer for the preparation of the site improvement plans. A-24 3.3 A paragraph reads "by separating the low flows and high flows . . . to avoid any co-mingling of the treated and untreated runoff." Please check your design, it appears that two catch basins are intercepting low flows causing a co-mingling of the flows. A-25 3.3 In Table 3-3 the only Pollutant of Concern which is treated is"Bacteria and Viruses." Please explain why the other expected and potential Pollutants of Concerns are not treated. A-26 3.4 The WQMP document describes a vegetated swale and includes educational materials for a vegetated swale, yet Table 3.4 does not include a vegetated swale. Please clarify this issue. A-27 4.1.1 0 Should a vegetated swale be included here? 0 A sentence reads 'Refer to . . . TC-32 . . " Yet the bio-retention basin does not meet the stated requirements. Please address this issue. A & 8271 P563 PLANNING COMMISSION RESOLUTION NO. 12-34 DRC2011-01094 — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 11 Page Section Item A-27 4.1.2 Please include the title of the contact person. This will allow City staff to contact the appropriate individual in the future- A-28 5.1 Please include the title of the contact person. This will allow City staff to contact the appropriate individual in the future. A-29 6 The City of Rancho Cucamonga"Memorandum of Storm W ater Quality Management Plan Agreement";the following items may be added to the agreement: File — please add the civil engineer of record's file number here • Prepared By — please add the engineering company here which prepared this document • Checked By—please add the initials of the engineerwhich prepared this document Assessor's Parcel Number— please add the APN here A-31 Exhibit A Is this legal description before or after the lot line adjustment? If it is before the lot line adjustment, please include a proper legal description for the property which is affected for the recorder's office. Please provide a full size (24" x 36") WQMP BMP exhibit within the document. In addition the letter size exhibit is missing details of the BMPs and the inspection and maintenance schedule. Please understand that the City of Rancho Cucamonga is required to inspect these BMPs on a biennial basis. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits,the developershall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. A & B272 P564 PLANNING COMMISSION RESOLUTION NO. 12-34 DRC2011-01094 — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 12 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds(i.e.,wind speeds exceeding 25 mph) in accordance with SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 11) Provide preferential parking to high occupancy vehicles and shuttle services. 12) Schedule truck deliveries and pickups during off-peak hours. A & B 273 P565 PLANNING COMMISSION RESOLUTION NO. 12-34 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 13 13) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 14) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 15) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 16) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonge7 periods(i.e.,in excess of 10 minutes). 17) All industrial and commercial facilities shall designate preferential parking for vanpools. 18) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 19) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 20) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 21 All residential and commercial structure I s shat be required to incorporate thermal pane windows and weather-stripping. 22) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths)in new development on or after March 9, 2009. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities,to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. A & B 274 P566 PLANNING COMMISSION RESOLUTION NO. 12-34 DRC2011-01094 — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 14 • Consider establishing provisions to require incorporation of archaeological sites within new developments,using their special qualities as a theme or focal point. • Pursue educating the public about the areas archaeological heritage. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying a in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures(i.e., paleontological monitoring)that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and RWQCB)daily to reduce PM10 emissions, A & B 275 PLANNING COMMISSION RESOLUTION NO. 12-34 P567 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 15 in accordance with SCAQMD Rule 403 ore replanted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Greenhouse Gas Emissions 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAW MD Rule 403 regarding fugitive dust including treating the site with water or other soil- stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contractor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline-or diesel-powered engines where feasible 5) Construction should be timed so as not to interfere with peak-hour traffic 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled,and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation A & B 276 P568 PLANNING COMMISSION RESOLUTION NO. 12-34 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 16 • Limit air leakage through the structure • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances • Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems • Install light colored "cool" roofs and cool pavements • Install solar or light emitting diodes (LED's)for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets,dual flush toilets, and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non-vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval,Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices(BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This A & B 277 PLANNING COMMISSION RESOLUTION NO. 12-34 P569 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 17 Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) Prior to issuance of Building Permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices(BMPs)to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of Building Permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent(NOI)to comply with obtaining coverage under the National Pollutant Discharge Elimination System(NPDES)General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number)shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. A & B278 P570 PLANNING COMMISSION RESOLUTION NO. 12-34 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 18 Noise 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes,crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. 3) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 4) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D,as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally,if heavy trucks used for hauling would exceed 100 daily trips(counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF JULY 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman A & B 279 PLANNING COMMISSION RESOLUTION NO. 12-34 P571 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 19 ATTEST: Jeffrey A. Bloom, Secretary I, Jeffrey A. Bloom, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed,and adopted by the Planning Commission of the City of Rancho Cucamonga,at a regular meeting of the Planning Commission held on the 25th day of July 2012, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: A & B 280 COMMUNITY DEVELOPMEN-r 72 DEPARTMENT STANDARD CONDITIONS PROJECT M DRC2011-01094 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. SOUTHWEST CORNER OF ETIWANDA AVENUE AND CANDLEWOOD STREET - LOCATION: APN: 1100-031-07. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers,or employees,because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion,participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 12-34, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Time Limits 1. Conditional Use Permit approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Department,the conditions contained herein,Development Code regulations, and the Etiwanda Specific Plan. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 1 A & 8281 Project No.DRC2011-01094 Completion Date P573 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all _/_/_ other applicable City Ordinances, and applicable Community or Speck Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan,including a photometric diagram,shall be reviewed and approved by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 9. All building numbers and individual units shall be identified in a clear and concise manner, I /_ including proper illumination. 10. All parkways, open areas, and landscaping shall be permanently maintained by the property owner,homeowners'association,or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of building permits. 11. Where rock cobble is used,it shall be real river rock. Other stone veneers may be manufactured products. D. Shopping Centers 1. Provide for the following design features in each trash enclosure, to the satisfaction of the _/ f Planning Director: -- a. Architecturally integrated into the design of(the shopping center/the project). b. Separate pedestrian access that does not require the opening of the main doors and to include self-closing pedestrian doors. C. Large enough to accommodate two trash bins. d. Roll-up doors. e. Trash bins with counter-weighted lids. f. Architecturally treated overhead shade trellis. g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed to be hidden from view. 2 A & 8 282 Project No.DRC2011-01084 Completion DaoS74 2. Graffiti shall be removed within 72 hours. / ! 3. The entire site shall be kept free from trash and debris at all times and in no event shall trash and / debris remain for more than 24 hours. 4. Signs shall be conveniently posted for"no overnight parking" and for"employee parking only." 5. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level -All commercial activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading,unloading,opening,dosing,or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m.and 7 a.m.unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/_ projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main / / building colors. --- F. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). -- 3. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 4. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls. Designate two percent or one stall; whichever is greater, of the total number of stalls for use by the handicapped. 5. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. 3 A & B 283 Project No.DRC2011-01094 Completion Date P575 G. Trip Reduction 1. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces,whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-1pike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. 2. Carpool and vanpool designated off-street parking close to the building shall be provided for commercial, office, and industrial facilities at the rate of 10 percent of the total parking area. If covered, the vertical clearance shall be no less than 9 feet. H. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Municipal Code Section 19.08.110,and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 3. A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within _/_/_ commercial and office projects, shall be specimen size trees- 24-inch box or larger. 4. Within parking lots,trees shall be planted at a rate of one 15-gallon tree for every three parking _!_I_ stalls. 5. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. 6. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering sidewalks (with horizontal change), and intensified landscaping, is required along Etiwanda Avenue. 7. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of of this project area shall be continuously maintained by the developer. 8. All walls shall be provided with decorative treatment. If located in public maintenance areas,the design shall be coordinated with the Engineering Services Department. 9. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping as defined in Ordinance 823 of the Rancho Cucamonga Municipal Code I. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the Planning Director in the amount of$557 prior to the issuance of building permits,guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain 4 A & B 284 Project No.DRC2011-01094 Comotetion Da 76 consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. J. Other Agencies 1. The applicant shall contact the U.S.Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets, detached)including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans,including isometrics,underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., DRC2011-01094 and DRC2011-01094D) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet"signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to /_I the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. 1 1 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued bythe Building and Safety Department. L. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., DRC2011-01094 and DRC2011-01094D). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or —I—/— major addition,the applicant shall pay development fees at the established rate. Such fees may 5 A & B 285 Project No.DRC2011.01094 Completion Date P577 include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map —I—/_ recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public counter). --- M. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area,fire-resistiveness, building energy efficient standards and accessibility to public buildings. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Provide draft stops in attics. 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC. 5. Openings in exterior walls shall be protected in accordance with CBC. 6. Upon plan check submittal, additional requirements may be needed. N. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. O. Building and Safety Grading 1. Grading of the subject property shall be in accordance with current adopted California Building Code, _/_/_ City Grading Standards, and accepted grading practices.The Grading and Drainage Plan(s)shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 6 A & B286 Project No.DRC2011-01094 Comoletion Da 78 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted at the time of application for Grading and Drainage Plan review. -- 4. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be _/_/_ completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared,stamped,and wet signed by a California licensed Civil Engineer. 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. 7. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit, 8. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be _/_/_ prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a grading permit. All reports shall be wet signed and sealed by the Engineer of Record. 9. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 10. It shall be the responsibility of the applicant to acquire any required off-site drainage acceptance letter(s) from adjacent downstream property owner(s) or discharge flows in a natural condition (concentrated flows are not accepted) and shall provide the Building and Safety Official a drainage study showing the proposed flows do not exceed the existing flows prior to the issuance of a grading permit. 11. It shall be the responsibility of the applicant to obtain written permission from the adjacent property _/_/_ owner(s)to construct wall on property line or provide a detail(s) showing the perimeter wall(s)to be constructed offset from the property line. 12. The Final Grading and Drainage Plan shall show the accessibility path from the public right of way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 13. The Grading and Drainage Plan shall Implement City Standards for on-site construction where possible, and provide details for all work not covered by City Standard Drawings. 14. All slopes shall be a minimum 2-foot off-set from the public right-of-way or adjacent private property. 15. Private sewer, water, and storm drain improvements will be designed per the, latest adopted California Plumbing Code. 16. The maximum parking stall gradient is 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. -- 17. Roof storm water is not permitted to flow over the public parkway and shall be directed to an under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. 7 A & B 287 Project No.DRC2011-01094 Completion Date P579 18. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 19. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Building and Safety Official. 20. This project shall comply with the accessibility requirements of the current adopted California Building Code. 21. The precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit". 22. Grading Inspections: _/_/_ a. Prior to the start of grading operations the owner and grading contractor shall request a pre- grading meeting. The meeting shall be attended bythe project owner/representative,the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b. The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: 1. The bottom of the over-excavation 2. Completion of Rough Grading, prior to issuance of the building permit; 3. At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and property wet signed and sealed by the Civil Engineer and Soils Engineer of Record; 4. The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 23. Prior to the issuance of the Certificate of Occupancy the engineer of record shall certify the functionality of the storm water quality management plan(WQMP)best management practices(BMP) devices. APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: P. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas,street trees,traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets(measured from street centerline): 50 total feet on Etiwanda Avenue 30 total feet on Candlewood Street / ! 8 A & B 288 Project No.DR02011-01094 Completion Da 80 3. Comer property line cutoffs shall be dedicated per City Standards. / 4. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. 5. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. --- Q. Street Improvements 1. Ail public improvements(interior streets,drainage facilities,community trails,paseos,landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter,AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source _/_/_ of energy,fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council,except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 3. Construct the following perimeter street improvements including, but not limited to: Curb& A.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trell Island Tre11 Other Etiwanda Avenue X X X X X X n/a Candlewood n/a We X(e) X I n/a X n/a I n/a n/a Notes: (a)Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 4. Improvement Plans and Construction: a. Street improvement plans,including street trees,street lights,and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements,prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. C. Pavement striping,marking, traffic signing,street name signing,traffic signal conduit,and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Handicapped access ramps shall be installed on all comers of intersections per City Standards or as directed by the City Engineer. 9 A & 8 289 Project No.DRC2011-01094 Completion Date P581 e. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving,which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. f. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. 5. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 6. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet--(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The Engineering Services Department reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow street Name Botanical Name Common Name Space Spacing Size oty. Candlewood Street Eucalyptus sideroxylon Red Ironbark Eucalyptus 8' 30' 15 gal 5 (subject to change) Etiwanda Avenue Eucalyptus sideroxylon Red Imnbark Eucaluptus 8' 30' 15 gal 5 Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting,an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. 4) Street trees are to be planted per public improvement plans only. 7. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. R. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. S. Drainage and Flood Control 1. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 2. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. 10 A & B 290 Project No.DRC2011-01094 Completion Dag 82 T. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system,water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District(CVW D), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. U. General Requirements and Approvals 1. An easement for a joint use driveway shall be provided prior to final map approval or issuance of ! / building permits,whichever occurs first. --- 2. A non-refundable deposit shall be paid to the City,covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 3. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills,and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Services Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. 4. Provide copy of final Water Quality Management Plan with submittal of grading plans to Building and Safety. QWMP and grading plans are subject to review by the Building Official. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: V. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. W. Security Hardware 1. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 2. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. 11 A & B291 Project No.DRC2011.01094 completion DateP583 X. Windows 1. Security glazing is recommended on storefront windows to resist window smashes and impede entry to burglars. ——— Y. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. Z. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. 2. Alarm companies shall be provided with the 24-hour Sheriffs dispatch number: (909)941-1488. _/_/_ APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 12 A & B 292 Rancho Cucamonga Fire Protection District P584 Fire Construction Services STANDARD CONDITIONS December 19, 2011 Funeral Home HMR Architects SEC Etiwanda & Candlewood DRC2011-01094 & 1094D THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The project must comply in design and constructed in accordance with the 2010 California Building & Fire Codes, the RCFPD Ordinance FD50 and the RCFPD Standards. The RCFPD ordinance, procedures & standards which are referenced in this document can be access on the web citvofrc.us. The Fire Entitlement Fee is to be collected at Plan Check. Fee payment must be processed at the Building and Safety Services Department. The case tag will be removed from the parcel by the public service technician upon payment of fees. FSC-7 Public and Private Water Supply a. Design guidelines for Fire Hydrants: Reference the RCFPD Standard 5-10 FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 1500 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix, as adopted by the Fire District Ordinances. 2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 3. Fire protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. A & B 293 FSC-4 Requirements for Automatic Fire Sprinkler Systems P585 Automatic fire sprinklers shall be installed in buildings as required by the2007 California Fire Code and the Rancho Cucamonga Fire Protection District Ordinance FD46 and/or any other applicable standards require an approved automatic fire sprinkler system to be installed FSC-5 Fire Alarm System & Sprinkler Monitoring 1. The 2010California Building Code, the RCFPD Fire Alarm Standard 9-3, Ordinance FD46 and/or the 2007 California Fire Code require most fire sprinkler systems to be monitoring by Central Station sprinkler monitoring system. A manual and or automatic fire alarm system fire may also be required based on the use and occupancy of the building. Plan check approval and a building permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Ro @dways Standard 5-1. 1. Location of Access: All portions of the structures 1s` story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. C. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14- feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 2 A & B 294 b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or P586 major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Building Access: Knox boxes for site and building access are required in accordance with RCFPD Standard 5-9. 6. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard. The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. b. Gates must slide open horizontally or swing inward. C. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock. The lock must be purchased at the Fire Administration Office. f. Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and a fail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 8. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access: must be in accordance with the RCFPD Roof Access Standard 5-6. There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all 3 A & B295 commercial, industrial and multi-family residential structures with roofs less than 75' above the level P587 of the fire access road. a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. C. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Candles and open flames in public assemblies • Compressed Gases Public Assembly • Dry Cleaning Plants Refrigeration Systems • Explosive or Blasting Agents Repair Garages Tents, Canopies and/or Air Supported Structures LPG or Gas Fuel Vehicles in Assembly Buildings FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2010 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD50and other implemented and/or adopted standards. 4 A & B 296 FSC-13 Alternate Method Application F588 Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation 1. RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. Reciprocal access agreement — Please provide a permanent access agreement between the owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Reciprocal water covenant — Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District#85-1 or#88-1 is required prior to the issuance of grading or building permits. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of 5 A & B 297 the public water system by CCWD. Fire Construction Services must grant a clearance before P589 lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on- site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 6 A & B 298 9. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and P590 contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 10. Address: Must be in accordance with the RCFPD Standard 5-7, 5-8 and/or 5-5. Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. 11. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction Services. 12. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 13. Mapping Site Plan: Must be in accordance with the RCFPD Standard 5-11. Prior to the issuance of a Certificate of Occupancy, a 8 ''/z" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. 7 A & B 299 RESOLUTION NO. 12-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2011-01094D, A REVIEW OF A PROPOSED FUNERAL HOME(THAT WILL NOT INCLUDE A CREMATORY,A CEMETARY, NOR CONDUCT EMBALMING)WITH A FLOOR AREA OF 6,911 SQUARE FEET AND A PORTE-COCHERE OF 1,371 SQUARE FEET ON A VACANT PARCEL OF 2.32 ACRES (NOTTL Fils,Ai AREA QF THE PARGE WITHIN THE ETIWANDA AVENUE OVERLAY DISTRICT IN THE OFFICE PROFESSIONAL (OP) DISTRICT OF THE ETIWANDA SPECIFIC PLAN LOCATED NEAR THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND CANDLEWOOD STREET; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1100-031-07. A. Recitals. 1. HMR Architects, on behalf of SCI Funeral Services, Inc., filed an application for the issuance of Development Review DRC2011-01094D, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 25th day of July 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning 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. Based upon the substantial evidence presented to this Commission during the above-referenced meeting on July 25, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a vacant, irregularly-shaped parcel located generally at the southeast comer of the intersection of Etiwanda Avenue and Candlewood Street; and b. The parcel is approximately 164,200 square feet(3.77 acres) in area. As part of the proposal the applicant has submitted a Lot Line Adjustment(Related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line. Following the adjustment the rectangular parcel will have an area of approximately 101,000 square feet (2.32acres) with overall dimensions of approximately 350 feet (east to west) by approximately 307 feet(north to south); and A& B 300 P592 RESOLUTION NO. 12-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2011-01094D, A REVIEW OF A PROPOSED FUNERAL HOME WITH A FLOOR AREA OF 6,911 SQUARE FEET AND A PORTE- COCHERE OF 1,371 SQUARE FEET ON A VACANT PARCEL OF 2.32 ACRES(NOTE: FINAL AREA OF THE PARCEL SUBJECT TO OUTCOME OF LOT LINE ADJUSTMENT SUBLLA#691) WITHIN THE ETIWANDA AVENUE OVERLAY DISTRICT IN THE OFFICE PROFESSIONAL (OP) DISTRICT OF THE ETIWANDA SPECIFIC PLAN LOCATED NEAR THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND CANDLEWOOD STREET;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1100- 031-07. A. Recitals. 1. HMR Architects, on behalf of SCI Funeral Services, Inc., filed an application for the issuance of Development Review DRC2011-01094D, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 25th day of July 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning 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. Based upon the substantial evidence presented to this Commission during the above-referenced meeting on July 25, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a vacant, irregularly-shaped parcel located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street; and b. The parcel is approximately 164,200 square feet (3.77 acres) in area. As part of the proposal the applicant has submitted a Lot Line Adjustment(Related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line. Following the adjustment the rectangular parcel will have an area of approximately 101,000 square feet (2.32acres) with overall dimensions of approximately 350 feet (east to west) by approximately 307 feet (north to south); and C. To the west across Etiwanda Avenue and north, across Candlewood Street of the project, site are single-family residences. To the east is the 1-15 Freeway. To the south of the A & B 300 P593 PLANNING COMMISSION RESOLUTION NO. 12-35 DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 2 project site are two,small buildings—a post office and an office—while immediately to the northwest of the project site is the historic Cour House; and d. Neither the office buildings nor the Cour House identified above are part of this project; and e. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use (MU) District, Victoria Planned Community; and f. The proposal is to construct and opErate a one-story funeral home of 6,911 square feet. The funeral home will be limited to the arrangement of services, wakes/visitations, and funerals for the deceased and their families. Rooms, facilities,and/or equipment for the purpose of cremations, embalming, and/or burials (cemeteries) are not proposed consistent as pre-funeral services, such as the preparation of the deceased such as embalming and body dressing, and/or post-funeral services, such as cremation and/or burials, are not proposed; and g. This application is in conjunction with Conditional Use Permit DRC2011-01094;and h. The parking calculation for the funeral home is one(1)parking stall per 25 square feet of assembly room,e.g. chapel, orfloor area per Section 17.12.040(B)(1)(1)of the Development Code. With a chapel of 1,872 square feet, 75 parking stalls are required for the funeral home and 75 parking stalls have been provided. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed project is consistent with the objectives of the General Plan. The proposed project is a one-story funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet. The underlying General Plan designation is Office; and b. That the proposed project is in accord with the objectives of the Development Code, the Etiwanda Specific Plan, and the purposes of the district in the site is located. The proposed project is a one-story funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use (MU) District, Victoria Planned Community; and C. The proposed project is in compliance with each of the applicable provisions of the Development Code and the Etiwanda Specific Plan. The project will comply with the requirements for site development such as building, parking,and landscape setbacks; maximum building height; parking; landscaping; and access. The project will comply with the requirements for design including incorporating architecture that is compatible and consistent with the architecture of the surrounding neighborhood and the use of materials, finish, trim, and colors of high quality and appeal; and A & 8301 PLANNING COMMISSION RESOLUTION NO. 12-35 P594 DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 3 d. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The project site is vacant;the proposed land use is consistent with the land uses within the community where it is located, and the expectations of the community. The proposed funeral home will not include a crematorium that could affect air quality by emitting particulate matter or odors. The building will incorporate design elements that will be consistent with the architecture of the homes in the neighborhood. Lighting will be required to comply with the City's standards for overall height and luminosity. There will not be a cemetery on-site which could cause visual distress. The project site does not contain biologically sensitive habitat nor will any existing trees be removed. Noise and vibrations are not typical characteristics of funeral homes. Lastly, traffic generated by this project is within the expected capacity of the surrounding streets. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration,togetherwith all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it,finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii)that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The Custodian of Records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. A & B 302 P595 PLANNING COMMISSION RESOLUTION NO. 12-35 DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 4 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for a funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet on a vacant parcel within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan located nearthe southeast comer of Etiwanda Avenue and Candlewood Street-APN: 1100-031-07. 2) Approval of this request shall not waive compliance with any sections of the Development Code, Etiwanda Specific Plan,State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 3) Approval of this request does not include the construction of facilities for, and/or the installation of, any equipment for the purpose of cremations, embalming, and/or burials (cemeteries). These activities are prohibited. 4) The funeral home shall operate in conformance with the performance standards as defined in the Development Code. If the operation of the funeral home causes adverse effects upon the adjacent land uses, then the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible revocation of the Conditional Use Permit. 5) Any modification to the building and/or site including: interior modifications such as, but not limited to,an expansion of the floor area of the building, revisions to the floor plan, increase in the number of seats within the chapel; exterior modifications such as, but not limited to, expansion of the parking lot, revisions to the exterior of the building, installation of roof-mounted equipment or projections; and/or other modifications/intensification beyond what is specifically approved by this Development Review,shall require the review and approval by the Planning Commission prior to submittal of documents for plan check/occupancy, construction,commencement of the activity,and/or issuance of a business license. 6) Easements shall be provided to the owner(s)of the adjoining parcels to the northwest and south (APN's: 1100-031-06 and 1100-041-01) to allowjoint access to Etiwanda Avenue and Candlewood Street via the proposed driveways and drive aisles of the project site. Documents for this easement shall be submitted for review by the City and the easement recorded with the County of San Bernardino (and other agencies/entities as may be required) prior to the issuance of grading and building permits. 7) A minimum of 75 parking stalls shall be provided. A & B 303 PLANNING COMMISSION RESOLUTION NO. 12-35 P596 DRC2011-01094D— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 5 8) The output surface (face) of all lamp heads on wall-mounted light fixtures and the light standards shall be parallel to the ground in order to eliminate glare and minimize lighting on adjacent properties. The maximum height of light standards, including the base, measured from the finished surface is 15 feet. 9) Downspouts shall not be visible from the exterior on any elevation of the building. All downspouts shall be routed through the interior of the building. 10) The maximum height of any wall or fence in this development district is 6 feet. Chain link fencing is not permitted; perimeter walls/fences shall be constructed of wrought iron, concrete block,tilt-up concrete panels, or equivalent as approved by the Planning Director. 11) Decorative paving shall be provided at all vehicle entrances to the site, behind the public right-of-way. The decoratively paved area shall have a minimum depth of 25 feet and a width equal to that of the driveways. 12) The decorative trim around the windows and doors shall be constructed of real wood and not foam. 13) The river rock veneer shall be constructed of real river rock as opposed to a synthetic or man-made veneer. 14) The trash enclosure shall be constructed per City standard and shall incorporate some of the materials used on the building including real river rock veneer. 15) All doors shall match the color of the adjacent wall. 16) Landscaping provided shall be consistent with the standards described in Section 5.23.310 and Figure 5-26 of the Etiwanda Specific Plan. Detailed Landscape and Irrigation Plans shall be submitted,atthe time of plan check, to the Planning Department for review and approval. The Detailed Landscape and Irrigation Plans must be submitted for review and approval by the Planning Director prior to the issuance of Building Permits. 17) All ground-mounted equipment and utility boxes, including transformers, back-flow devices,etc., shall be screened by a minimum of two rows of shrubs spaced a minimum of 18 inches on center. This equipment shall be painted forest green. 18) The Double-Detector Check (DDC)and Fire Department Connection (FDC) shall be screened with a 4-foot high decorative block wall, subject to the review and approval by the Planning Department and Fire Construction Services. A & B 304 PLANNING COMMISSION RESOLUTION NO. 12-35 P597 DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 6 19) Stone walls or bermed landscaping of 36-inches in height shall be incorporated along Candlewood Street frontage to screen the parking lot. 20) All landscaping shall be installed prior to release for occupancy. 21) The Etiwanda Avenue stone curbing shall be restored or reconstructed in conformance with adopted City standards acceptable to the Historic Preservation Commission. Photographic documentation of the condition of the curbing shall be provided prior to issuance of Construction Permits per Section 5.25.304 of the Etiwanda Specific Plan, 22) Any revisions to the Grading Plan may require review and approval by the Grading Review Committee. Similarly, any revisions in the architecture of the building may require review and approval by the Design Review Committee. 23) All signs shall comply with the City's Sign Ordinance and Section 5.25.406 of the Etiwanda Specific Plan. 24) All Conditions of Approval for Conditional Use Permit DRC2011-01094 shall apply. Engineering Department 1) Install public improvements on Etiwanda Avenue frontage (one-half street) per City "Secondary Arterial" standards and the Etiwanda Specific Plan (Fig. 5-23); including pavement to centerline of street, cobble curb and gutter, 5-foot wide property line adjacent sidewalk, drive approaches, streetlights and street trees as follows and to the satisfaction of the City Engineer. Extend improvements across the adjacent north property - APN: 1100-031-06 and join with Candlewood Street improvements. a) Provide 9500 Lumen HPSV street lights in accordance with City street lighting standards. b) Install Commercial Drive Approaches with a minimum width of 35 feet in accordance with City Standard Plan No. 101, Type-C. c) Provide access easement for adjacent south property fronting Etiwanda to allow them adequate access to Etiwanda Avenue through the south drive approach. d) Install cobble curb with a 10-inch curb face. e) Provide signing, striping, and protect existing R26 "No Parking" signs or replace. f) Provide a Class II Bike Lane on Etiwanda Avenue. A & B 305 PLANNING COMMISSION RESOLUTION NO. 12-35 P598 DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 7 g) Install street trees along the project frontages per the attached "Street Tree Requirements Form". Revise the existing improvement plans as needed. 2) Prior to the issuance of a Building Permit, the proposed lot line adjustment is to be recorded with the County of San Bernardino. 3) Dedicate additional right-of-way on Etiwanda Avenue to achieve a total of 50 feet measured from centerline of street (APN: 1100-031-07). Dedication shall extend north across APN: 1100-031-06 to Candlewood Street. 4) Provide shared access 26-foot driveway on the south property line (Etiwanda) with the adjacent south parcel. A 26-foot easement for a joint use driveway and shall be provided prior to the issuance of Building Permits, whichever occurs first. 5) Dedicate additional right-of-way on Candlewood Street to achieve a total of 30 feet measured from the centerline of the street. Dedication to extend across APN: 1100-031-06 to and joining with the comer cutoff with Etiwanda Avenue. Vacate any excess right-of-way across APN: 1100-031-01 as well. 6) If garage on APN: 1100-031-06 is removed by others prior to Building Permit issuance, complete the installation of sidewalk on Candlewood Street prior to a Building Permit issuance. 7) Provide an easement to accept cross-lot drainage from the NAP parcel (APN: 1100-031-06). 8) The existing overhead utilities (telecommunications and electrical, except for the 66 kV electrical)on the project side of Etiwanda Avenue shall be under-grounded along the entire project frontage,extending to the first pole off-site (north and south), prior to public improvement acceptance or occupancy,whichever occurs first. All services crossing Etiwanda Avenue shall be under-grounded at the same time. The developer may request a reimbursement agreement to recover one-half the City adopted cost for under-grounding from future development(redevelopment)as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 9) Prior to the issuance of Building Permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50 percent of all wastes generated during construction and demolition are diverted away from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first Building Permit application is submitted to Building and Safety. Form CD-2 shall be A & B 306 P599 PLANNING COMMISSION RESOLUTION NO. 12-35 DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 8 submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. Building and Safety Prior to issuance of a Grading Permit 1) The applicant shall provide a copy of EPA Form 7520-16(Inventory of Injection Wells) with the Facility ID Number assigned to the Building and Safety Official prior to issuance of the grading permit for any underground Water Quality Management Plan (WQMP) Best Management Practices (BMPs). 2) Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent. 3) Prior to removing fences or walls along common lot lines and prior to constructing walls along common lot lines the applicant shall provide a letter from the adjacent property owner(s) allowing work on the adjacent property. 4) Prior to the issuance of a Grading Permit the applicant shall provide to Building and Safety Services Director a copy of the City of Rancho Cucamonga's Memorandum of Agreement for Storm Water Quality Management Plan for review prior to recordation of the document. The Memorandum of Agreement for Storm Water Quality Management Plan shall be recorded prior to issuance of a Grading Permit. 5) The land owner shall provide an inspection report on a biennial basis for any proposed underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 6) Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number(WDID). 7) A Grading Bond will be required to be submitted to the Building and Safety Official for review and approval prior to issuance of a grading permit. 8) All roof drainage flowing to the public right of way(Etiwanda Avenue) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. A & B 307 PLANNING COMMISSION RESOLUTION NO. 12-35 P600 DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 9 Prior to issuance of a Wall Permit 1) On engineered bio-retention basin retaining walls along the property boundary, the structural calculations for the wall shall assume a level toe/heel at the adjacent off-site property(i.e. a manufactured slope is not present). In addition, the wall calculations and design shall include hydrostatic forces and shall be sealed so as to be "water tight." 2) A copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. Water Quality Management Plan 1) A Storm Water Quality Management Plan shall be approved by the Building and Safety Official and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a Grading Permit. 2) The Water Quality Management Plan prepared by an unknown entity dated January 11,2012, has been reviewed and deemed"Incomplete" dated January 24, 2012. The following corrections are required prior to the final approval of the WQMP: Page Section Item Cover The engineer of record must wet sign and seal the document. A-4 1.2 Please include the " DRC " number in this section. 1.4 Please include the Santa Ana River Reach 3 (SAR3) which contains bacteria and pathogens in this section. A-8 2.2 In the table item 1.A and 1.0 is correct. Item 1.13 should be marked "no", or as an option you may complete the table starting on page A-10 of the document. A-13 3.1.1 A sentence reads "Ultimately, a portion of that easterly strip might be constructed as a parking lot." Please address if the proposed BMPs will still work with the additional impervious area and will the 27 percent landscaping coverage remain or will the landscaping coverage be reduced. A-13 3.1.1 A sentence reads"The swale will slow down the runoff and will infiltrate most of the low flow into its sand-mix section." Please provide a detail of this swale. It is our understanding that this WQMP document will move forward of the grading plan. Therefore details of all BMPs are required to allow for future inspections by the City and for review during the permitting process to determine if the proposed precise grading plan meets the requirements of this WQMP document. A-14 3.1.1 Two sentences read"The area reserved . . . parking stalls in the future." Please address how the additional impervious pavement will affect the Water Quality Management Plan requirements and the proposed BMP devices. A & B 308 P601 PLANNING COMMISSION RESOLUTION NO. 12-35 DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 10 Page Section Item A-16 3.1.2 A sentence reads "All areas of the side including . . ." A side of what? Please define a "side." A-17 3.1.2 A sentence reads "Only if necessary will a portion of the landscaped area be converted to parking stalls." Please address how the additional impervious pavement will affect the Water Quality Management Plan requirements and the proposed BMP devices. 3.2 We thank you providing a copy of the educational materials in this WQMP document. However we have some questions regarding the educational materials. Please address the following items: 0 SD-32 it appears that the requirements for a roof over the trash storage area and not placing storm drains within the immediate vicinity of the trash storage area have not been met on the Conceptual Grading and Drainage Plan; 0 SD-33 why is this included? In the WQMP document you state that vehicle washing is prohibited; 0 TC-31 is a vegetated buffer strip proposed? We did not see a vegetated buffer strip references in the WQMP document; 0 TC-32, one of the limitations are slopes not greater than 20%, the proposed bio-retention basin does not meet this requirement.; 0 "Fresh concrete and mortar application" -will this project have on-going construction which should be included within the post- construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan?; 0 "Excavation and Grading" - will this project have on-going construction which should be included within the post- construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan?; 0 "Home repair and modeling" - will this project have on-going construction which should be included within the post- construction WQMP document?Would this educational material be better suited to the Storm Water Pollution Prevention Plan?; 0 "Painting" - will this project have on-going construction which should be included within the post-construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan?; A & B 309 PLANNING COMMISSION RESOLUTION NO. 12-35 P602 DRC2011-01094D— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 11 _-0—age Section Item 0 "Roadwork and Paving" - will this project have on-going construction which should be included within the post- ' construction WQMP document?Would this educational material be better suited to the Storm Water Pollution Prevention Plan?; 0 Why is the "Low Impact Development Manual" included in the educational materials? How will this benefit the property manager of the project? This document appears to be written for a designer or engineer for the preparation of the site improvement plans. A-24 3.3 A paragraph reads "by separating the low flows and high flows . . . to avoid any co-mingling of the treated and untreated runoff." Please check your design, it appears that two catch basins are intercepting low flows causing a co-mingling of the flows. A-25 3.3 In Table 3-3 the only Pollutant of Concern which is treated is"Bacteria and Viruses." Please explain why the other expected and potential Pollutants of Concerns are not treated. A-26 3.4 The WQMP document describes a vegetated swale and includes educational materials for a vegetated swale, yet Table 3.4 does not include a vegetated swale. Please clarify this issue. A-27 4.1.1 0 Should a vegetated swale be included here? 0 A sentence reads "Refer to . . . TC-32 . . " Yet the bio-retention basin does not meet the stated requirements. Please address this issue. A-27 4.1.2 Please include the title of the contact person. This will allow City staff to contact the appropriate individual in the future. A-28 5.1 Please include the title of the contact person. This will allow City staff to contact the appropriate individual in the future. A-29 6 The City of Rancho Cucamonga"Memorandum of Storm Water Quality Management Plan Agreement"; the following items may be added to the agreement: • File — please add the civil engineer of record's file number here • Prepared By — please add the engineering company here which prepared this document • Checked By—please add the initials of the engineer which prepared this document • Assessor's Parcel Number—please add the APN here A-31 Exhibit A Is this legal description before or after the lot line adjustment? If it is before the lot line adjustment, please include a proper legal description for the property which is affected for the recorder's office. A & B310 P603 PLANNING COMMISSION RESOLUTION NO. 12-35 DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 12 Page Section Item Please provide a full size (24" x 36") WQMP BMP exhibit within the document. In addition the letter size exhibit is missing details of the BMPs and the inspection and maintenance schedule. Please understand that the City of Rancho Cucamonga is required to inspect these BMPs on a biennial basis. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits,the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD)as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares oroccurs as a result of hauling. Timing may vary depending upon the time of year of construction. A & B311 PLANNING COMMISSION RESOLUTION NO. 12-35 P604 DRC2011-01094D— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 13 • Suspend grading operations during high winds(i.e.,wind speeds exceeding 25 mph) in accordance with SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) Provide adequate ingress and egress at all entrances to publicfacilities to minimize vehicle idling at curbsides. 11) Provide preferential parking to high occupancy vehicles and shuttle services. 12) Schedule truck deliveries and pickups during off-peak hours. 13) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 14) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 15) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 16) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods(i.e., in excess of 10 minutes). 17) All industrial and commercial facilities shall designate preferential parking for vanpools. 18) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. A & B312 P605 PLANNING COMMISSION RESOLUTION NO. 12-35 DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 14 19) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 20) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 21) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 22) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e.fireplaces/hearths)in new development on or after March 9, 2009. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities,to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments,using their special qualities as a theme or focal point. • Pursue educating the public about the areas archaeological heritage. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying a in-kind mitigation fee. • Prepare a technical resources management report,documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take A & B313 PLANNING COMMISSION RESOLUTION NO. 12-35 P606 DRC2011-01094D — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 15 appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures(i.e., paleontological monitoring)that may be appropriate. Where mitigation monitoring is appropriate,the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository(i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and RWQCB)dailyto reduce PM10 emissions, in accordance with SCAQMD Rule 403 ore replanted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Greenhouse Gas Emissions 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAW MD Rule 403 regarding fugitive dust including treating the site with water or other soil- stabilizing agent twice daily or replanting disturbed areas as quickly as possible. A & B314 PLANNING COMMISSION RESOLUTION NO. 12-35 P607 DRC2011-01094D— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 16 2) The construction contractor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline-or diesel-powered engines where feasible 5) Construction should be timed so as not to interfere with peak-hour traffic 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. 7) Construction and Building materials shall be produced and/or manufactured locally. Use"Green Building Materials"such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation • Limit air leakage through the structure • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances • Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems • Install light colored "cool" roofs and cool pavements • Install solar or light emitting diodes (LED's) for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. A & B315 PLANNING COMMISSION RESOLUTION NO. 12-35 P608 DRC2011-01094D— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 17 • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non-vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP)specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to stone events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices(BMPs)to reduce pollutants after construction entering the storm drain system to the maximum extent practical. A & 8316 P609 PLANNING COMMISSION RESOLUTION NO. 12-35 DRC2011-01094D— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 18 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The W QMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent(NOI)to comply with obtaining coverage under the National Pollutant Discharge Elimination System(NPDES)General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number)shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. 3) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 4) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the A & 8317 PLANNING COMMISSION RESOLUTION NO. 12-35 P610 DRC2011-01094D—HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. July 25, 2012 Page 19 Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips(counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF JULY 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: Jeffrey A. Bloom, Secretary I, Jeffrey A. Bloom, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed,and adopted by the Planning Commission of the City of Rancho Cucamonga,at a regular meeting of the Planning Commission held on the 25th day of July 2012, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: A & B318 COMMUNITY DEVELOPMENT II 91 DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2011-01094D SUBJECT: DEVELOPMENT REVIEW APPLICANT: HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. SOUTHEAST CORNER OF ETIWANDA AVENUE AND CANDLEWOOD STREET - LOCATION: APN: 1100-031-07 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents,officers,or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion,participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 12-35, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration -$2,151.50 X B. Time Limits 1. Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. I 1 A & 6319 Project No. DRC2011-01094D Completion Date P612 C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Department,the conditions contained herein, Development Code regulations, and the Etiwanda Specific Plan. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision,or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram,shall be reviewed and approved by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination,location, height,and method of shielding so as not to adversely affect adjacent properties. 8. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 9. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 10. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners'association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of building permits. 11. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured products. D. Shopping Centers 1. Provide for the following design features in each trash enclosure, to the satisfaction of the Planning Director: a. Architecturally integrated into the design of(the shopping center/the project). 2 A & B 320 Project No.DRC2011-01094D Completion D 13 b. Separate pedestrian access that does not require the opening of the main doors and to include self-closing pedestrian doors. c. Large enough to accommodate two trash bins. d. Roll-up doors. e. Trash bins with counter-weighted lids. / f. Architecturally treated overhead shade trellis. / g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed to be hidden from view. 2. Graffiti shall be removed within 72 hours. 3. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 4. Signs shall be conveniently posted for"no overnight parking"and for"employee parking only."- 5. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m.and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading,unloading,opening,closing,or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m.and 7 a.m.unless otherwise specked herein, in a manner which would cause a noise disturbance to a residential area. E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. F. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 3 A & 8321 Project No. DRC2011-01094D Completion DateP614 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/_/_ contain a 12-inch walk adjacent to the parking stall (including curb). 3. All parking spaces shall be double striped per City standards and all driveway aisles,entrances, and exits shall be striped per City standards. 4. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls. Designate two percent or one stall; whichever is greater, of the total number of stalls for use by the handicapped. 5. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more parking stalls.Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. G. Trip Reduction 1. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces,whichever is greater. After the first ` 50 bicycle storage spaces are provided,additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. 2. Carpool and vanpool designated off-street parking close to the building shall be provided for commercial, office, and industrial facilities at the rate of 10 percent of the total parking area. If covered, the vertical clearance shall be no less than 9 feet. H. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in —I—/— accordance with the Municipal Code Section 19.08.110,and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 3. A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within commercial and office projects, shall be specimen size trees-24-inch box or larger. 4. Within parking lots,trees shall be planted at a rate of one 15-gallon tree for every three parking _!_/_ stalls. 5. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. 6. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering _/_/ sidewalks (with horizontal change), and intensified landscaping, is required along Etiwanda Avenue. 4 A & B322 Project No.DRC2011-01094D Completion DzS'�15 7. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 8. All walls shall be provided with decorative treatment. If located in public maintenance areas,the _/_/_ design shall be coordinated with the Engineering Services Department. 9. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping as defined in Ordinance 823 of the Rancho Cucamonga Municipal Code I. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit,or other forms of guarantee acceptable to the Planning Director in the amount of$557 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. J. Other Agencies 1. The applicant shall contact the U.S.Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, -OR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached)including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans,including isometrics,underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., DRC2011-01094 AND DRC2011-01094D) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 5 A & B323 Project No. DRC2011-01094D Completion DateP616 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Department. L. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., DRC2011-01094 AND DRC2011-01094D). The applicant shall comply with the latest adopted California Codes,and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee,Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official after tractiparcel map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public counter). M. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use,area,fire-resistiveness,building energy efficient standards,and accessibilityto public buildings. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Provide draft stops in attics. 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC. 5. Openings in exterior walls shall be protected in accordance with CBC. 6. Upon plan check submittal, additional requirements may be needed. N. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 6 A & B 324 Project No.DRC2011-01094D Completion D 17 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. O. Building and Safety - Grading 1. Grading of the subject property shall be in accordance with current adopted California Building Code, City Grading Standards,and accepted grading practices. The Grading and Drainage Plan(s)shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted at the time of application for Grading and Drainage Plan review. 4. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared,stamped,and wet signed by a California licensed Civil Engineer. 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. 7. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit. 8. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a grading permit. All reports shall be wet signed and sealed by the Engineer of Record. 9. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 10. It shall be the responsibility of the applicant to acquire any required off-site drainage acceptance letter(s) from adjacent downstream property owner(s) or discharge flows in a natural condition (concentrated flows are not accepted) and shall provide the Building and Safety Official a drainage study showing the proposed flows do not exceed the existing flows prior to the issuance of a grading permit. 7 A & B 325 Project No. DRC2011-01094D Completion Date P618 11. It shall be the responsibility of the applicant to obtain written permission from the adjacent property _I_/_ owner(s) to construct wall on property line or provide a detail(s)showing the perimeter wall(s)to be constructed offset from the property line. 12. The Final Grading and Drainage Plan shall show the accessibility path from the public right of way _I_/_ and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 13. The Grading and Drainage Plan shall Implement City Standards for on-site construction where I_/_ possible, and provide details for all work not covered by City Standard Drawings. 14. All slopes shall be a minimum 2-foot off-set from the public right-of-way or adjacent private property. /_/_ 15. Private sewer, water, and stone drain improvements will be designed per the, latest adopted California Plumbing Code. 16. The maximum parking stall gradient is 5 percent. Accessibility parking stall grades shall be _/_/_ constructed per the, current adopted Califomia Building Code. 17. Roof storm water is not permitted to flow over the public parkway and shall be directed to an under _ parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. 18. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 19. The applicant shall provide a grading agreement and grading bond for all cut and fill combined _/_/_ exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Building and Safety Official. 20. This project shall comply with the accessibility requirements of the current adopted California Building Code. 21. The precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit". 8 A & B 326 Project No. DRC2011-010944D Completion D 19 22. Grading Inspections: a. Prior to the start of grading operations the owner and grading contractor shall request a pre- grading meeting. The meeting shall be attended by the project owner/representative,the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b. The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: 1. The bottom of the over-excavation 2. Completion of Rough Grading, prior to issuance of the building permit; 3. At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; 4. The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 23. Prior to the issuance of the Certificate of Occupancy the engineer of record shall certify the functionality of the storm waterquality management plan(WQMP)best management practices(BMP) devices. APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, "OR COMPLIANCE WITH THE FOLLOWING CONDITIONS: P. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails,public paseos,public landscape areas,street trees,traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.)shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets(measured from street centerline): 50 total feet on Etiwanda Avenue 30 total feet on Candlewood Street % 3. Comer property line cutoffs shall be dedicated per City Standards. 4. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 5. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. 9 A & B 327 Project No. DRC2011-01094D Completion Date P620 6. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. Q. Street Improvements 1. All public improvements(interior streets,drainage facilities,community trails,paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. Pursuant to Municipal Code Section 16.37.010,no person shall make connections from a source of energy,fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except:that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval,as determined by the City-Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 3. Construct the following perimeter street improvements including, but not limited to: Curb& AC. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Etiwanda Avenue X X X X X X n/a n/a X Candlewood n/a n/a X(e) X n/a X n/a n/a n/a Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 4. Improvement Plans and Construction: a. Street improvement plans, including street trees,street lights,and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements,prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. C. Pavement striping, marking,traffic signing, street name signing,traffic signal conduit,and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Handicapped access ramps shall be installed on all comers of intersections per City Standards or as directed by the City Engineer. 10 A & B 328 Project No. DRC2011-010944pD Completion D 21 e. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving,which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. f. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. g. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 5. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet—(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The Engineering Services Department reserves the right to adjust tree-species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size ay. Candlewood Street Eucalyptus sideroxylon Red Ironbark Eucalyptus 8' 30' 15 gal 5 (subject to change) Etiwanda Avenue Eucalyptus sideroxylon Red Ironbark Eucalyptus 8' 30' 15 gal 5 Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. 4) Street trees are to be planted per public improvement plans only. 6. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. R. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. S. Drainage and Flood Control 1. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 2. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured I /_ from the outer edge of a mature tree trunk. 11 A & B 329 Project No. DRC2011-010940 Completion DateP622 T. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system,water,gas, _!_/_ electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District(CVW D), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. U. General Requirements and Approvals 1. An easement for a joint use driveway shall be provided prior to final map approval or issuance of building permits,whichever occurs first. 2. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 3. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Services Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. 4. Provide copy of final Water Quality Management Plan with submittal of grading plans to Building and Safety. QW MP and grading plans are subject to review by the Building Official. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: V. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. _/_/_ W. Security Hardware 1. A secondary locking device shall be installed on all sliding glass doors. _I_/_ 12 A & B 330 Project No.DRC2011-01094623 Completion Date 2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 3. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. 4. All roof openings giving access to the building shall be secured with either iron bars, metal gates, / or alarmed. --- X. Security Fencing 1. All businesses or residential communities with security fencing and gates will provide the police with a keypad access and a unique code.The initial code is to be submitted to the Police Crime Prevention Unit along with plans. If this code is changed due to a change in personnel or for any other reason, the new code must be supplied to the Police via the 24-hour dispatch center at (909)941-1488 or by contacting the Crime Prevention Unit at(909)477-2800 extension 2474 or extension 2475. Y. Windows 1. Security glazing is recommended on storefront windows to resist window smashes and impede entry to burglars. Z. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. AA. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. 2. Alarm companies shall be provided with the 24-hour Sheriffs dispatch number: (909)941-1488. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 13 A & 8331 Rancho Cucamonga Fire Protection District P624 Fire Construction Services STANDARD CONDITIONS December 19, 2011 Funeral Home HMR Architects SEC Etiwanda & Candlewood DRC2011-01094 & 1094D THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The project must comply in design and constructed in accordance with the 2010 California Building & Fire Codes, the RCFPD Ordinance FD50 and the RCFPD Standards. The RCFPD ordinance, procedures & standards which are referenced in this document can be access on the web citvofrc.us. The Fire Entitlement Fee is to be collected at Plan Check. Fee payment must be processed at the Building and Safety Services Department. The case tag will be removed from the parcel by the public service technician upon payment of fees. FSC-1 Public and Private Water Supply a. Design guidelines for Fire Hydrants: Reference the RCFPD Standard 5-10 FSC-2 Fire Flow 1. The required minimum Hire flow for this project, when automatic fire sprinklers are installed is 1500 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix, as adopted by the Fire District Ordinances. 2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 3. Fire protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. A & B 332 FSC-4 Requirements for Automatic Fire Sprinkler Systems P625 Automatic fire sprinklers shall be installed in buildings as required by the2007 California Fire Code and the Rancho Cucamonga Fire Protection District Ordinance FD46 and/or any other applicable standards require an approved automatic fire sprinkler system to be installed FSC-5 Fire Alarm System & Sprinkler Monitoring 1. The 2010California Building Code, the RCFPD Fire Alarm Standard 9-3, Ordinance FD46 and/or the 2007 California Fire Code require most fire sprinkler systems to be monitoring by Central Station sprinkler monitoring system. A manual and or automatic fire alarm system fire may also be required based on the use and occupancy of the building. Plan check approval and a building permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadways Standard 5-1. 1. Location of Access: All portions of the structures 15` story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. C. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14- feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 2 A & B 333 b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or P626 major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Building Access: Knox boxes for site and building access are required in accordance with RCFPD Standard 5-9. 6. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard. The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. b. Gates must slide open horizontally or swing inward. C. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock. The lock must be purchased at the Fire Administration Office. f. Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and a fail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. S. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access. must be in accordance with the RCFPD Roof Access Standard 5-6. There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all 3 A & B 334 commercial, industrial and multi-family residential structures with roofs less than 75' above the level P627 of the fire access road. a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. C. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Candles and open flames in public assemblies • Compressed Gases Public Assembly • Dry Cleaning Plants Refrigeration Systems • Explosive or Blasting Agents Repair Garages Tents, Canopies and/or Air Supported Structures LPG or Gas Fuel Vehicles in Assembly Buildings FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2010 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD50and other implemented and/or adopted standards. 4 A & B 335 FSC-13 Alternate Method Application P628 Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation 1. RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. Reciprocal access agreement — Please provide a permanent access agreement between the owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Reciprocal water covenant — Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District#85-1 or#88-1 is required prior to the issuance of grading or building permits. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of 5 A & B336 the public water system by CCWD. Fire Construction Services must grant a clearance before P629 lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on- site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 6 A & B 337 9. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and P630 contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 10. Address: Must be in accordance with the RCFPD Standard 5-7, 5-8 and/or 5-5. Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. 11. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction Services. 12. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 13. Mapping Site Plan: Must be in accordance with the RCFPD Standard 5-11. Prior to the issuance of a Certificate of Occupancy, a 8 '/z' x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. 7 A & B 338 P631 RESOLUTION NO. 12-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT DRC2011-01094,A REQUEST TO CONSTRUCT AND OPERATE A FUNERAL HOME (THAT WILL NOT INCLUDE A CREMATORY, A CEMETERY, NOR CONDUCT EMBALMING) WITH A FLOOR AREA OF 6,911 SQUARE FEET AND A PORTE-COCHERE OF 1,371 SQUARE FEET ON A VACANT PARCEL OF 2.32 ACRES WITHIN THE ETIWANDA AVENUE OVERLAY DISTRICT IN THE OFFICE PROFESSIONAL (OP) DISTRICT OF THE ETIWANDA SPECIFIC PLAN, LOCATED NEAR THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND CANDLEWOOD STREET;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1100- 031-07. A. Recitals. 1. HMR Architects, on behalf of SCI Funeral Services, Inc., filed an application for the issuance of Conditional Use Permit DRC2011-01094, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as 'the application." 2. On the 25th day of July 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. Prior to and during the public hearing, staff collected letters, a petition containing 155 signatures in opposition of the project and an exhibit depicting various potential alternative locations for the proposed use from the public, all of which have been incorporated into the official record. 4. The Planning Commission received testimony from 33 speakers that were largely in opposition of the project. The public comment section with respect to this application had a duration of over 2 hours. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning 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. Based upon substantial evidence presented to this Commission during the above-referenced meeting on July 25, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a vacant, irregularly-shaped parcel located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street; and ATTACHMENT D PLANNING COMMISSION RESOLUTION NO. 12-36 P632 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. August 8, 2012 Page 2 b. The parcel is approximately 164,200 square feet (3.77 acres) in area. As part of the proposal, the applicant has submitted a Lot Line Adjustment(Related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line. Following the adjustment the rectangular parcel will have an area of approximately 101,000 square feet (2.32 acres) with overall dimensions of approximately 350 feet (east to west) by approximately 307 feet (north to south); and C. To the west across Etiwanda Avenue and north across Candlewood Street of the project site, are single-family residences. To the east is the 1-15 Freeway. To the south of the project site are two, small buildings—a post office and an office,while immediately to the northwest of the project site is the historic Cour House; and d. Neither the office buildings, nor the Cour House identified above are part of this project; and e. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional(OP)District,of the Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District of the Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use (MU) District of the Victoria Planned Community; and f. The proposal is to construct and operate a one-story funeral home of 6,911 square feet. Operations will be limited to the arrangement of services, wakes/visitations, and funerals for the deceased and their families. Pre-funeral services, such as the preparation of the deceased, embalming, and body dressing, and/or post-funeral services, such as cremation and/or burials, are not proposed; and g. The proposed hours of operation are between 8:00 a.m. to 5:00 p.m. (Monday through Friday) and between 10:00 a.m. to 4:00 p.m. (Saturday and Sunday). Evening visitations, if requested, will be conducted between 6:30 p.m. and 8:00 p.m. Funeral services and associated activities are anticipated to occur a maximum of three(3)times per week. The duration of a funeral service will vary; and h. The proposed use is not compatible with the adjacent residential neighborhood in that it has caused and will cause emotional stress in a significant percentage of neighboring residents who clearly expressed an aversion to the use; and i. The use will result in a reduction of market value of neighboring residences. 3. This Commission hereby concludes as follows: a. The proposed project is not consistent with the objectives of the General Plan. The proposed project conflicts with Goal LU-1 of the General Plan requiring that land use development should "ensure established residential neighborhoods are preserved and protected, and local and community-serving commercial and community facilities meet the needs of residents."Specifically, the proposed project conflicts with Policy LU-1.1 which is aimed at"protect[ing]"neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment'; and PLANNING COMMISSION RESOLUTION NO. 12-36 P633 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. August 8, 2012 Page 3 b. The proposed project is not in accord with the objectives of the Etiwanda Specific Plan, and the purposes of the district on which the site is located. Per Section 5.23.311 of the Etiwanda Specific Plan, "where proposed commercial or office professional development abuts on an established existing use or equal or lesser intensity, or a school, church, or other sensitive land uses, such new development shall recognize and respect existing conditions and uses,and shall be designed with sensitivity to minimize impact on the existing uses."; and C. The proposed project is not in compliance with each of the applicable provisions and goals of the Etiwanda Specific Plan. The proposed project, together with the conditions applicable thereto, will be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Section 5.23.201 of the Etiwanda Specific Plan states the following: "No uses shall be permitted and no process, equipment, or materials shall be employed which are found to be detrimental to the public health, safety, or welfare by reason of odor, fumes, dust, smoke, cinders, dirt, refuse water-carried wastes, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature,or to involve a hazard of fire or explosion." and; d. The proposed project, together with the conditions applicable thereto, will be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Section 5.23.201 of the Etiwanda Specific Plan states the following: "No uses shall be permitted and no process, equipment, or materials shall be employed which are found to be detrimental to the public health, safety, or welfare by reason of odor, fumes, dust, smoke, cinders, dirt, refuse water-carried wastes, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature,or to involve a hazard of fire or explosion." 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above,this Commission hereby denies the requested Conditional Use Permit. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF AUGUST 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA )Zwf. BY. Frances Howdyshell, C airman ATTEST: y loom, Secretary I, Jeffrey A. Bloom, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of August 2012 by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 12-36 P634 DRC2011-01094—HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. August 8, 2012 Page 4 AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MUNOZ ABSTAIN: COMMISSIONERS: WIMBERLY P635 CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting July 25, 2012 Chairman Munoz called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:12 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Francisco Oaxaca, Ray Wimberly ABSENT: None STAFF PRESENT: Jeffrey Bloom, Interim Planning Director; Jim Markman, City Attorney; Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission Secretary; Mike Smith, Associate Planner; Linda Daniels, Assistant City Manager f f f It R ANNOUNCEMENTS None fffff APPROVAL OF MINUTES Motion: Moved by Fletcher, seconded by Oaxaca, carried 4-0-1, to approve the regular meeting minutes of July 11, 2012. Motion: Moved by Howdyshell, seconded by Fletcher, carried 5-0, to approve the adjourned (workshop) meeting minutes of July 11, 2012. R R h R f PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. -A request to construct and operate a funeral home (that will not include a crematory, a cemetery, nor conduct embalming)with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located near the southeast corner of Etiwanda Avenue and Candlewood Street - APN:1100-031-07. Related file: Development Review DRC2011- 01094D. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration ATTACHMENT E P636 B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2011-01094D-HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC- A review of a proposed funeral home (that will not include a crematory, a cemetery, nor conduct embalming)with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located nearthe southeast corner of Etiwanda Avenue and Candlewood Street- APN:1100-031-07. Related files: Conditional Use Permit DRC2011-01094. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Mike Smith,Associate Planner, presented the staff report. He noted that included in the resolutions is an additional statement that no crematory or embalming is included with this application. In response to Commissioner Oaxaca, Mr. Smith clarified that the resolutions prohibit those uses but it does not prevent them from applying for them at a future date. He said they would have to go through the process. He said a crematory is not permitted in this zone. Brad Buller stated he is representing the applicants. He noted that the Vice President of SCI and the architect and traffic engineer are present. He said he (Mr. Buller)was brought in with respect to code compliance and to develop the site plan. He said the applicants also worked with the Etiwanda Historical Society as they wanted to be consistent with the historic nature of the area. He said the applicants have attempted to address all comments received from the neighbors. He thanked staff and the Historic Society for good guidance. Dann Narveson stated he is the Vice President of SCI and their corporate offices are located out of Houston Texas. He said the company has 1400 funeral homes and they operate 12 funeral homes and 6 cemeteries in the Inland Empire. He said they provide an important service for the community-without cremation or body preparation. He said those services are handled outside of Rancho Cucamonga, Bill Reseigh of HMR Architects noted the main access for the facility is off of Etiwanda Avenue and the cueing for processions will occur under the porte-cochere found on the north side of the building. Glen Abercrombie of SCI stated he is the Marketing Manager. He said the community is in need of a funeral home. He said funerals bring business to local hotels and restaurants. He said they are good neighbors and partner and assist with community events. Chairman Munoz opened the public hearing. The following residents commented and expressed opposition to the project: Martha Godinez, Ofer Masachi, Desiree Diggs, Edward Kim, Carolyn Liu, David Wood, Hezron Mcheniva, Nelson Botay, George Sandoval, Monica Medahli, Christopher Ikeanyi, Aref Fakhoury, Andrea Salgado, Dave Carlston, Delfino Estrada, William Isaacs, Connie Lee, Jaden Sandoval, Wendy Sandoval, Haish Choi, Julio Guero, Jose Torres, Joe Russell, Walter McBeth, Samir Shah, Jessie Ortiz, Susan Olson, Stevie Stallings, Angie Nwanodi, Brady Onishi, Jorge Borda and April Lin. Their general comments included the following concerns: NIMBY (not in my back yard); there are other suitable locations for the applicants to develop; negative effect on children viewing mourners and the constant reminder of death and morbidity, insufficient parking-mourners will park on our streets and in the neighborhood; loss of property values (stated by multiple real estate professionals); a threat to picket/protest if the development does occur; a threat to stop paying taxes if the development does occur;fear of a future crematory; if approved, there would be a loss of pride in the resident's home and would stop investing in home improvements; perceived loss of value in the local schools/families, residents would not want to send their children to our schools; if Planning Commission Minutes -2- July 25, 2012 P637 embalming were ever allowed,there is a fear of water contamination should embalming be allowed; mistrust of SCI's report that they would only hold 3-4 funerals per week;traffic concerns because of the narrowing of Etiwanda Avenue and confusion of drivers making a left turn out of the facility; facility should not be located in a residential area; facility would affect how the residents think about life; this project would not "bring happiness" as the other local businesses do (Etiwanda Gardens and Barbara's Teahouse); the facility would be a magnet for crime; the applicants (SCI) run a bad business and have been sued for their business practices; fear of gang related crime occurring spurred on by rival gangs during or following funeral services of gang members; a loss of personal home value in terms of "their dream home"; why should this business locate where they are not wanted; the applicant is"all about money"as they squeeze and buy out smaller funeral homes; real estate agent will take her clients to other communities; people would live in fear and desire to move; the applicants are believed to be of immoral character; property owners have the right to live without a "nuisance"; perceived negative affect on "safe routes to school"; a funeral home is not needed here as there are others available; the facility in this location would be in violation of Title 17.02 of the Municipal Code (Purpose and Intent) of the Development Code as it does not "protect the physical, social, and economic stability of residential, commercial, industrial, and other land uses within the City to assure its orderly and beneficial development,"the business will employ few people and therefore does not bring many jobs to the area; residents came here for peace and quiet; the facility would aggravate an existing PTSD condition of one neighbor; stressed and depressed mourners would not be paying attention as they are driving-safety issue for neighboring residents; the question is not about the zoning - its not a good fit; objection to the way the subdivision was done that left a portion of the lot open which leaves the perception of more added services later. Wendy Sandoval, a neighboring resident, presented a petition with 155 signatures opposing the project as well as a map indicating other prospective properties where this business could locate. The following persons spoke in favor of the proposal: Natalie Cassaro and John Lyons. The summary of their comments is as follows: The area is underserviced with respect to funeral services as the population is aging; the facility would bring tax dollars and would be good for other local businesses; perception of haunting is unfounded; there should be respect for the families of the deceased; convenient and excellent location; brings jobs; no additional traffic impacts; zoning was considered by founding fathers and they envisioned this possibility; it will help the value of neighbors' property not harm it; facility would help other businesses/restaurants; no compelling reason not to approve. Chairman Munoz closed the public comment section at 9:50 pm (approximately 2+ hours of testimony was taken). He invited the applicant to comment and the applicant declined. Chairman Munoz asked staff to clarify the purpose of a subdivision. Mr. Smith explained that he is referring to the lot line adjustment. He said this can be proposed even if there is no project at all and is not unusual to do this on a commercial property. He indicated on the map the proposed shift of the line to the north. He said the 'not a part' parcel will be independent of this development. He said the project is on one parcel and two parcels will be J oined. Jim Markman, City Attorney asked if SCI owns both orjust one parcel. Mr. Buller responded there are two parcels. He said SCI did not want to buy the whole lot. He said it was done with respect to negotiating the sale of the lot. He said there previously were 2 lots and there will be 2 lots when this is finished. Chairman Munoz then asked for Commission comments. Planning Commission Minutes -3- July 25, 2012 P638 Commissioner Fletcher said he read all the letters received with respect to the project. He summarized some of the concerns; insufficient parking, home values, residents would picket the business,traffic concerns, personal dreams of a peaceful beautiful city would be affected,quality of life, concerns about death,fear of it becoming a crime magnet, affects on children and schools, de- valuing of personal investment in homes, quality of life, occupational hazards, people would walk away from their homes, not the right location, NIMBY, loss of pride in the community and neighborhood. He said the property is zoned Office Professional and this use is permitted. He said the use would have to be approved with respect to the design and tonight for the use aspect. He said the applicants submitted a high quality design that is consistent with the Etiwanda Specific Plan (ESP) and there is no issue with the design. He said the big issue is the use and whether it is compatible with the neighborhood. He said operationally he would say yes. He said he did not think the big concern for traffic or crime would materialize although they may have some periodic traffic impact but that happens throughout the City with other types of operations. He said the staff report indicates property values are more difficult to assess. He commented on a portion of the staff report with respect to potential impacts. He said he thought the project would have a negative aesthetic impact. He said funeral homes have an emotional, psychological stigma attached to them in that it there is an association with death and sad feelings that go with that type of a business. He said he does not agree with the similarity drawn to Etiwanda Gardens and churches as stated in the staff report. He said at Etiwanda Gardens and churches there are multi-purpose operations; they host services, banquets, weddings, baptisms, and social events; funerals are a minimal part of their function. He said funeral homes are related to death and grieving and there is a negative stigma attached to this type of business. He said because of this and the proximity to the neighbors, the historic enclave on Etiwanda Avenue, schools and its close proximity to Victoria Gardens Lifestyle Center, he did not think this use to be appropriate in this location. He pointed out that Victoria Gardens is a "Lifestyle"center. He said he agreed with the residents that this is not an appropriate use and stated he is opposed to the project. Commissioner Wimberly commended staff for the extensive report. He said it addressed many of the comments and concerns presented by the residents at the neighborhood meeting. He said the sentiment and information presented tonight is considered on the spot. He said the DRC looks at the design, the land use, and the ability to fit in to where it is proposed to go. He said the result at that time was that he felt it fit and was compatible. He said the DRC did not consider all the residents brought to us. He said he is still compelled by the rules used to determine compatibility and that alone without the feelings of neighborhood it is a fit and works at that location. He said he could see that the neighborhood has bonded together but he believes the project works and fits. Commissioner Oaxaca thanked staff and the applicants for their hard work and to the residents that participated and expressed their opinions. He said inmost cases there are fundamental issues. He said our primary charge is to evaluate proposed projects on the basis on how well they conform to our existing rules, regulations, zoning, the Development Code etc. He said all projects are extensively reviewed in this respect. He said on occasion he believes the Commission has an additional role that he believes will occur more often in the future. He said available property is diminishing; the City is about 90% developed. He said these challenges will not go away-this is a clash/conflict in that it does conform to the rules and codes, but is also creating conflict with an adjacent use. He said they should consider how to balance the rights of a property owner to develop within the framework of the rules and the rights of those who reside or operate businesses adjacently. He said this conflict is not thoroughly addressed in our current General Plan or Development Code. He said the decision must take into account the rules in context and include the existing land uses. He said when these conflicts are not resolved early on, then the result is a non-palatable solution. He said he did not see a palatable solution for this. He said tonight they have a chance to not make one of those unpalatable decisions. He said in spite of the surface conformity of the project with the codes, he did not believe this is the most appropriate use. Planning Commission Minutes -4- July 25, 2012 P639 Vice Chairman Howdyshell said this has been an insightful meeting and was impressed by the number of people that came out. She offered compliments to staff and the applicants for their hard work and comprehensive, detailed report on a controversial site plan. She said architecturally the site and design is consistent with the ESP and with design goals. She said zoning was also considered with respect to the General Plan and Development Code. She said they also look at the human element and emotional psychological element. She said it is a positive thing when she hears that a corporate entity wants to be a good citizen. She said we want all corporations to be a good corporate citizen and we want to see them partner with the City. She referred to the comment made where a resident stated, "Why would a business want to be positioned they are not welcome?" She said she is not opposed to having a mortuary in the City, however, she believes this site and project are not the highest and best use considering what the residents have stated what they want . She said she is not in favor and did not think this is the appropriate location. Chairman Munoz said he heard all the concerns; seeing death, parking, home property values, traffic, the number of funerals that maybe held. He said with respect to the Development Code and the General Plan, this is not a political decision it is a decision based on code and how this project meets the code in terms of neighborhood compatibility. He said Staff showed this is suitable for this zone; they answered the concern about public notification and how that was expanded; relative to cremations/embalming he said that this application does not include that and how the applicant would have to come back to change that. He said it is unlikely this Commission would do that. He said with respect to the previously approved project, the City would have no control over that; they changed their mind. He said part of the Commission's role is to hear from you the neighbors and from the business and their needs. He said with prior projects we see a fair number where people just don't want it. He said we have a lot of residential in this town and wherever we put something, there will be someone unhappy. He said the residents expressed thanks for good planning in the City and most people are happy. He said with respect to potential crime, nothing was substantiated between funeral home use and crime. He said with respect to property values; these are bad economic times and a funeral home probably won't change that. He said he recently lost a parent and he was glad the city he lived in had a funeral home. He noted it was surrounded by residences. He said it was a pretty busy street and did not notice any crime. He said he was not getting the connection. He said he understands the sentiment about the psychological effects and they are entitled to that and although he understands it, he did not believe that should preclude a business owner's rights to do business in the community. He expressed support of the project. Mr. Markman said that if the project is approved, the Commission could simply approve the attached resolutions and then it could be appealed. He said because no draft resolution of denial was provided, if the Commission votes to deny the project, staff should bring back a resolution of denial to be acted upon at the next meeting. He said the denial would not be in effect until after that vote is taken and suggested that if anyone wants to appeal the action, to carefully track the time period for that appeal. Motion: Moved by Munoz, seconded by Wimberly, to adopt the Resolutions approving Conditional Use Permit DRC2011-01094 and Development Review DRC2011-01094D. The motion failed by the following vote. AYES: MUNOZ, WIMBERLY NOES: FLETCHER, HOWDYSHELL, OAXACA ABSENT: NONE Based upon Mr. Markman's direction, the following motion occurred: Motion: Moved by Oaxaca, seconded by Howdyshell to bring back a resolution of denial of Item A to the next meeting for action. Motion carried by the following vote: Planning Commission Minutes -5- July 25, 2012 P640 AYES: FLETCHER, HOWDYSHELL, OAXACA, NOES: MUNOZ, WIMBERLY ABSENT: NONE - carried OLD BUSINESS C. SELECTION OF THE PLANNING COMMISSION CHAIRMAN AND VICE CHAIRMAN OFFICER POSITIONS (CONTINUED FROM THE JULY 11, 2012 MEETING) Commissioner Fletcher nominated Vice Chairman Howdyshell as Chairman. Vice Chairman Howdyshell agreed with the nomination. Commissioner Oaxaca seconded the nomination Motion: Moved by Fletcher, seconded by Oaxaca, carried 5-0,to select Commissioner Howdyshell to serve as Chairman. Chairman Munoz suggested they move on to the Vice Chairman position nominations. He nominated Commissioner Wimberly to serve as Vice Chairman. Commissioner Oaxaca nominated Commissioner Fletcher. Vice Chairman Howdyshell remarked that Commissioner Fletcher is experienced and voiced support of his nomination. Motion: Moved by Oaxaca, seconded by Howdyshell, carried 5-0,to select Commissioner Fletcher to serve as Vice Chairman for one year. D. SELECTION OF PLANNING COMMISSION DESIGN REVIEW COMMITTEE MEMBERS (CONTINUED FROM THE JULY 11, 2012 MEETING) Commissioners Munoz and Wimberly both stated they would like to remain on the DRC. Commissioner Fletcher nominated Commissioner Oaxaca to give him the opportunity to serve. Commissioner Munoz disagreed stating to serve on the DRC experience is needed. Commissioner Howdyshell suggested they have a rotation-one seasoned, one less seasoned member for succession planning. Commissioner Munoz said this is why we have an alternate and explained that Commissioner Wimberly served as alternate for a long time and learned the ropes in doing so. Commissioner Fletcher said staff members are there and information and training can be obtained from staff. Commissioner Oaxaca stated he is the newest member on the Commission. He said he intends to contribute and learn. He said he was not aware that there needed to be consistent attendance to get up to speed. Planning Commission Minutes -6- July 25, 2012 P641 Commissioner Howdyshell said she would like to give Commissioner Oaxaca the opportunity and seconded the motion. Motion: Moved by Fletcher, seconded by Howdyshell, carried 5-0,to select Commissioner Oaxaca to serve for one year on the Design Review Committee (DRC). Chairman Munoz suggested they move on to the second position on the DRC. Commissioner Fletcher said he would be willing to serve. Commissioner Wimberly nominated Commissioner Munoz to remain on the DRC. Commissioner Howdyshell suggested Commissioner Fletcher for the second position. Commissioner Oaxaca seconded the nomination of Commissioner Fletcher. Motion: Moved by Howdyshell, seconded by Oaxaca, carried 5-0,to select Commissioner Fletcher to serve for one year on the Design Review Committee (DRC). w w « « « E. SELECTION OF PLANNING COMMISSION TRAILS COMMITTEE MEMBERS(CONTINUED FROM THE JULY 11, 2012 MEETING) Motion: Moved by Oaxaca, seconded by Munoz,carried 5-0,to select Commissioner Wimberly to serve for a two-year term on the Trails Advisory Committee JAC). Motion: Moved by Fletcher, seconded by Munoz,carried 5-0,to select Commissioner Howdyshell to serve for a two-year term on the Trails Advisory Committee JAC). R k t 4 w PUBLIC COMMENTS None • w w : w COMMISSION BUSINESS AND COMMENTS Commissioner Munoz congratulated the new DRC members. Commissioner Munoz said he enjoyed moving the community forward. He said he is currently busy with the League of California Cities. Commissioner Howdyshell thanked Commissioner Munoz. She said he did a great job and she learned a lot. Commissioner Fletcher thanked the Commissioners for the meeting, their deliberation and comments. He said that he thinks when there is overwhelming opposition the Commission cannot ignore the emotional impact on the community. • « « « w Planning Commission Minutes -7- July 25, 2012 P642 ADJOURNMENT Motion: Moved by Howdyshell, seconded by Fletcher, carried 5-0, to adjourn. The Planning Commission adjourned at 10:50 p.m. Approved: August 8, 2012 Planning Commission Minutes -8- July 25, 2012 P643 CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting August 8 2012 Chairman Howdyshell called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:10 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Francisco Oaxaca, Ray Wimberly ABSENT: Lou Munoz STAFF PRESENT: Jeff Bloom, Interim Planning Director; Candyce Burnett, Senior Planner; Steven Flower, Assistant City Attorney; Dan James, Senior Civil Engineer; Mayuko Nakajima, Assistant Planner; Jennifer Nakamura, Associate Planner; Lois Schrader, Planning Commission Secretary; Mike Smith, Associate Planner ANNOUNCEMENTS None APPROVAL OF MINUTES Motion: Moved by Wimberly, seconded by Oaxaca, carried 4-0-1 (Munoz absent), to approve the minutes of July 25, 2012. 4 # k # # CONSENT CALENDAR A. VACATION V-219 - LEWIS DEVELOPMENT CO. - A request to vacate the 100-foot wide temporary Drainage Easement and Maintenance Agreement as shown on-site within portions of Parcels 1 and 2 of Parcel Map 7267, generally located at the northwest corner of Foothill Boulevard and Rochester Avenue - APN: 227-151-38, 42, 43, 54 & 55. Related file: DRC2011-01184. B. RESOLUTION OF DENIAL FOR DRC2011-01094- HMR ARCHITECTS FOR SCI FUNERAL SERVICES Chairman Howdyshell noted a letter had been placed before the Commission for their review. She asked if anyone wanted to pull any items from the Consent Calendar and if not, she would receive a motion to adopt. P644 Steven Flower, Assistant City Attorney made reference to the letter as it specifically pertains to Item B and the Resolution of Denial. He said it is a letter with a request for a continuance of the item. He noted that considering the request is at the discretion of the Commission. Motion: Moved by Oaxaca, seconded by Fletcher, to adopt the Consent Calendar as presented. Motion carried by the following vote: 3-0-1-1 AYES: FLETCHER, HOWDYSHELL, OAXACA NOES: NONE ABSTAIN: WIMBERLY ABSENT: MUNOZ - carried DIRECTOR'S REPORTS C. BACKGROUND SUMMARY REPORT ON THE WIND TURBINE LOCATED AT THE IEUA REGIONAL PLANT NO. 4 TREATMENT FACILITY Jennifer Nakamura, Associate Planner, presented the staff report. In response to Commissioner Wimberly she said the wind turbine was erected without being brought to the Planning Commission as it is a public utility, not in ourjurisdiction and they were exempt from our review. She said in that staff is anticipating future requests/inquiries from homeowners, a Development Code Amendment would have to be processed to establish standards for such installations. She said the new General Plan is generally supportive of such sustainability efforts and therefore we will need to have standards in place for their regulation as well as be mindful of safety and noise precautions. Commissioner Fletcher noted that even if the City has no jurisdiction, the City would usually get some design review as a courtesy. He clarified the size of the unit. Ms Nakamura said we would not want to see these in the commercial or industrial area of this size. She said there is a low likelihood of wind farms here and noted they are about the same height as utility power lines. She said the City is supportive of their goals; this one could power 163 homes per year. She said if considered in context where it is located in the Heavy Industrial zone, this one is in a pretty good location. She noted that even a "fall zone' is considered. Chairman Howdyshell noted the public agencies are exempt, however,the Edison corridor is broad and vast and she would not want to see a wind farm along there. She said we need to be sensitive and cautious. Commissioner Oaxaca said there will be more opportunities in the future for alternative generation facilities and there is a great deal of public property that we have no jurisdiction over. He said the ones that would be in a high visibility area should at least pass by the Planning Commission so we know and have the background so that Commissioners can field questions and concerns that come to them regarding these facilities. The Secretary received and fled the report. D. UPDATE ON THE PROCESS FOR THE SELECTION OF TRAILS ADVISORY COMMITTEE MEMBERS AT LARGE Planning Commission Minutes -2- August 8, 2012 P645 Cancyce Burnett, Senior Planner presented the staff report. She said the Commission needs to select two at large members and staff plans to publish a press release announcing a call for applications for the equestrian and bicycle at large members. She summarized the process. Vice Chairman Fletcher asked if all 3 regular member terms are up and if they are aware of this. Ms. Burnett said they are aware and we will let them know that if they want to be reappointed they need to apply. The Secretary received and filed the report. PUBLIC COMMENTS None COMMISSION BUSINESS AND COMMENTS None ADJOURNMENT Motion: Moved by Wimberly, seconded by Fletcher carried 4-0-1 (Munoz absent),to adjourn. The Planning Commission adjourned at 7:27 p.m. Approved: August 22, 2012 Planning Commission Minutes -3- August 8, 2012 P646 SIGN-IN SHEET PLANNING COMMISSION MEETING July 25, 2012 NAME COMPANY ADDRESS not;CS✓ 1a 7 `1615- 2_,Z '7 ffI �< `� � ly� OF -IL A C Z J Ga , (62 r OW T�yrc� ice' S CV aD ~ X51-b9 -L 1 417 f ,u f z Fi�6 S �f7 3 D � ov I2 yre( cres11,('1` l 'cy RC r,4 i ( 5 -45 CM e PI 44* LO" I of dl�ws�� t) I I q f • c i�9FFo c iY C 0, " ? <S1 1 a r Lm nS i� �Lrw� G �n d G 51 9 Vs fz -el vto i c } ( , � -moo y0 �-[ ,,9• �e.- �°e � ( 116 0 'e, V rma �0&iN(Dw UJ 4. CULAVI �(t 3 ATTACHMENT F P647 SIGN-IN SHEET PLANNING COMMISSION MEETING July 25, 2012 NAME COMPANY ADDRESS I F 12 Kv t At� ( c-,47 py C,A GI M t C L 523 a d . ail . oQ s .c 0 3 �� North/West corner of east and foothill South/East corner of foothill and Etiwanda North/West corner of foothill and Etiwanda -Jack Benny beside the wash Arrow and Rochester North West and North east Corner North side of arrow and red oak Civic Center Dr Red oak St Between church and Town Center on Terra Vista Dr. North East foothill and Milliken phone#946-7618 Church and foothill Day Creek / Baseline both north and south east Corner Available-Jersey and Milliken 909-605-1100 Available-Haven below Jersey 909-980-1234 Available-Arrow and Haven (Both) North West and South West 909 -605-1100 and 418-2020 On haven above 6th St Eastside Haven south east —below 6th St Leasing office 909-989-7771 lot corner of 4th and haven 6th and Center Dr. northside corner Hermosa and 6th northside corner CITY OF RANCHO CUCAMONGA Archibald and Acacia St. Huge lot H JUL 25 2012 ATTACHMENT G RECEIVED - PLANNING P649 Ninth and Archibald-south west corner Arrow and Archibald north west corner Foothill and Hermosa southeast corner Huge Lot-foothill west side of Center Dr on the south side. 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N V V A 0 w 0 J W O i V W V N N to N A N W 01 AM y/y P657 r ■■ advisory 0/,t 0 ■ o !CG G CONSULTING REPORT OF REAL PROPERTY Proposed Funeral Home - Rancho Cucamonga, CA M Funeral Home Development Impact On Housing > Values As of May 2, 2012 Prepared For: SCI Funeral & Cemetery Purchasing Cooperative, Inc. 1929 Allen Parkway, 7`h Floor Houston, TX 77019 ■ ■ ■ Prepared By: Cushman & Wakefield of Texas, Inc. Valuation & Advisory 1330 Post Oak Boulevard, Suite 2700 Houston, TX 77056 C&W File ID: 12-53004-900312 6 I�III 24 WAKEFIELD, ATTACHMENT i ",� VALUATION&ADVISORY P658 98, WAK F ELD .v. 1330 POST OAK BOULEVARD,SUITE 2700 HOUSTON,Tx 77056 May 2,2012 Mr. Dann C. Narveson Service Corporation International 1929 Allen Parkway, 7th Floor Houston, Texas Re: Proposed Funeral Home—Rancho Cucamonga, California Funeral Home Development Impact on Housing Values C&W File ID: 12-53004-900312 Dear Mr. Narveson: In fulfillment of our agreement as outlined in the Letter of Engagement, we are pleased to transmit our consulting report involving the selected funeral homes that are comparable to the proposed funeral home in Rancho Cucamonga, California, dated May 2, 2012. Although this is not a traditional appraisal that includes subject value conclusions or financial analyses, we often refer to it as an appraisal as it does include some references to the specific subject property, although the scope of the report is for a consulting report relative to market data primarily. However, this is not intended to provide a subject valuation, but rather to provide market information and analyses in order to assist the client with their internal analyses of an investment opportunity that may include the subject property. The following terms apply to this consulting engagement and conclusions. Intended Users: The impact study will be prepared for Service Corporation International and is intended only for the use of this client, for the intended use specified below. The Client agrees that there are no other Intended Users. The report may not be distributed to or relied upon by other persons or entities without written permission of Cushman&Wakefield, Inc. Intended Use: Internal review by the Client in connection with internal asset evaluation. Type of Opinion and Rights To determine the impact that the development of a funeral home Appraised: has on an area's single family home values. ClISHMAN& WAKEFIELD. V.LL TION8AOJ V P659 MR.DANN C.NARVESON CUSHMAN&WAKEFIELD OF TEXAS,INC. SERVICE CORPORATION INTERNATIONAL MAY 2,2012 PAGE2 Date Of Opinion: Date of construction as well as period prior and post construction. Subject of the Assignment and The subject property is a proposed funeral home; however, we Relevant Characteristics: are not specifically studying the subject funeral home, as it is not yet constructed. Rather, we are analyzing other funeral homes built in the United States over the past 10 years in order to draw some Conclusions as to the impact of the addition of a funeral home,on the area's single family home values. Assignment Conditions: The assignment will not incorporate any extraordinary assumptions or hypothetical conditions other than those specifically set forth in the consulting report. USPAP Compliance: The undersigned Cushman & Wakefield affiliated company and/or its designated affiliate or subsidiary (herein at times "C&W")will develop a consultation that reflects the value change in specific areas surrounding newly developed funeral homes, in accordance with USPAP, the Code of Ethics and Certification Standards of the Appraisal Institute for consulting engagements. General Scope of Work: Our client has provided several funeral homes that they believe best reflect the characteristics of the proposed funeral home in Rancho Cucamonga, California. These will be newly constructed funeral homes in areas that are reported to be reasonably similar to the Rancho Cucamonga location. Note that we did not inspect either the Rancho Cucamonga location and market area, or any of the comparable locations and do not have an opinion of the comparability. However, we will gather and analyze single family home prices/statistics in proximity to each of the newly constructed funeral homes in an effort to determine the impact of the funeral home on pricing. Specifically, we expect to research and analyze transactions within an immediate impact zone (such as half a mile, or one mile) before and after the funeral home construction at each of the locations. We will then research and analyze transactions within a larger market control zone (such as two or three mile radius — excluding the immediate impact zone) before and after the funeral home construction at each of the locations. We will then complete a comparison of the pricing trends and statistics within the immediate impact zone as compared to the larger market control zone. We may even look to the MSA or larger market control zone depending on the availability of statistical data. From this we will draw conclusions about the statistical data within each of the different zones (immediate impact zone and market control zone). Reporting Option: The consulting report is communicated in this restricted and concise report. pIIIIIb WAKE EL FFIELDS. tau vALUAT1pNd AG'RORT P660 MR.DANN C.NARVESON CUSHMAN 8 WAKEFIELD OF TEXAS,INC. SERVICE CORPORATION INTERNATIONAL MAY 2,2012 PAGE Our work involved researching home pricing/statistics for areas surrounding recently constructed funeral homes that are comparable to the proposed facility in Rancho Cucamonga. The home prices/statistics were obtained for the period prior to the announcement that the comparable funeral home was to be constructed and for the period after the comparable funeral home was constructed. At the request of the client,we researched the locations and timeframes on the following chart as provided by the client. Funeral Home -Residential Home Value Impact Study Funeral Home Name Address City State Zip Code Pre-Announcement Perlotl Period After Opening Surprise Funeral Chapel 16063 Bell Rd. Surprise AZ 85374 4/1/2009 - 3/31/2010 4/1/2011 - 3131/2012 Mckenzie Mortuary 3843 East Anaheim Long Beach CA 90804 6/112003 5/31/2004 61112005 5131/2006 Ted Dickey Funeral Homy 8011 Franldord Rd. Dallas TX 75252 3/1/2006 - 2/28/2007 311/2008 - 212812009 Sunset North Funeral Home 910 North Loop 1604 Fast San Antonio TX 78232 4/112005 - 31312006 4112007 - 3/31/2005 After determining the locations set forth by the client, we obtained home pricing and statistical data from the Arizona Regional Multiple Listing Service, Inc., the California Regional Multiple Listing Service for Orange County, North Texas Real Estate Information Systems, Inc. and the San Antonio Board of REALTORS. We performed a 0.5 and 3.0 mile radius search for closed home transactions for each property for the pre-announcement period and the period after opening. Once we obtained this data, we compared the average sale price per square foot for the "impact zone" (0.5 mile radius) in the pre-announcement period to the average sale price per square foot in the period after opening. From this data, we calculated the percentage change in average sale price per square foot over the two time periods. Once this statistic was determined, we applied a similar analysis with the "control group" (3.0 mile radius) to determine the percentage change in average sale price per square foot over the two time periods for the control group(note that the home sales within the "impact zone" were excluded from the"control group"). The charts on the following page outlines the findings from this analysis. y3, W N WAKEFIELD. VA I ATION$ADV6p8Y P661 S O n• 3 t 3 e L � - S � 3 aEE a a E E ° E E i t i x i E - aaE aa $ a _ E E° E •� ( g a a y E P E - U V - - X a a & a t a O O� i • ry O • m E O a Z o O x e + N • £ • g e • y^� E « � � "$$' S � E n • � $. E : S i m $ 'E W E n � $ n h - °[ Z E s a E y E ~ C E _ y y 'W o E E • . i Ea S E E ( m c c o E E E l i 5 s s < i a N N a P662 MR.DANN C.NARVESON CUSHMAN 8 WAKEFIELD OF TEXAS,INC. SERVICE CORPORATION INTERNATIONAL MAY 2,2012 PAGE 5 As seen on the charts presented previously, the percentage change in home price per square foot between the two time periods for both the "impact zone" and "control group" are fairly consistent in all four locations. In California, Dallas and San Antonio, the average home price appreciation for the "impact zone" exceeded the home price appreciation for the "control group", while in Arizona, the "impact zone" experienced a less dramatic decline in average home price than that which was experienced in the"control group". Based on our analysis, this data indicates that the construction of the funeral homes did not appear to adversely impact the home values for the residences located in their close proximity. This consulting report has been prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and the Code of Ethics and Certification Standards of the Appraisal Institute. This letter is not an opinion of value, but rather intended to be a consultation and is not valid if detached from the report, which contains the text, exhibits, and Addenda. Respectfully submitted, CUSHMAN & WAKEFIELD OF TEXAS, INC. Chris Geggatt Scott Rando, MAI Director Senior Managing Director TX Certified General Appraiser TX Certified General Appraiser License No. TX-1380025-G License No.TX-1322037-G chds.geggatt @cushwake.com scott.rando @cushwake.com (713)963-2812 Office Direct (713)398-1548 Office Direct (713)963-2870 Fax (972)692-6713 Fax Rol WAK EEFl EL LDa. vnLWT�ONb AN'6gtY P663 MR.DANN C.NARVESON CUSHMAN 8 WAKEFIELD OF TEXAS,INC. SERVICE CORPORATION INTERNATIONAL MAY 2,2012 PAOE6 CLIENT SATISFACTION SURVEY As part of our new quality monitoring campaign, attached is a short survey pertaining to this appraisal report and the service that you received. Would you please take a few minutes to complete the survey to help us identify the things you liked and did not like? Each of your responses will be catalogued and reviewed by members of our national Quality Control Committee, and appropriate actions will be taken where necessary. Your feedback is critical to our effort to continuously improve our service to you,and is sincerely appreciated. To access the questionnaire, please click on the link here: hfD://www.surveymonkey.com/s.asox?sm= 2bZUxc1D1i1DWi6n 2fswhlKQ 3d 3d&c=11-53004-9217-001 The survey is hosted by Surveymonkey.com, an experienced survey software provider. Alternatively, simply print out the survey attached in the Addenda of this report and fax it to (716) 852-0890. i�0�i WAKEFIEELLD. ,��, v PONa cos y P664 MR.DANN C.NARVESON CUSHMAN&WAKEFIELD OF TEXAS,INC. SERVICE CORPORATION INTERNATIONAL MAY 2,2072 PAGE ASSUMPTIONS AND LIMITING CONDITIONS "Report" means the appraisal or consulting report and conclusions stated therein, to which these Assumptions and Limiting Conditions are annexed. "Property"means the subject of the Report. "C&W"means Cushman&Wakefield, Inc.or its subsidiary that issued the Report. "Appraiser(s)"means the employee(s)of C&W who prepared and signed the Report. The Report has been made subject to the following assumptions and limiting conditions: • No opinion is intended to be expressed and no responsibility is assumed for the legal description or for any matters that are legal in nature or require legal expertise or specialized knowledge beyond that of a real estate appraiser. Title to the Property is assumed to be good and marketable and the Property is assumed to be free and clear of all liens unless otherwise stated.No survey of the Property was undertaken. • The information contained in the Report or upon which the Report is based has been gathered from sources the Appraiser assumes to be reliable and accurate.The owner of the Property may have provided some of such information. Neither the Appraiser nor C&W shall be responsible for the accuracy or completeness of such information, including the correctness of estimates,opinions,dimensions, sketches, exhibits and factual matters.Any authorized user of the Report is obligated to bring to the attention of C&W any inaccuracies or errors that it believes are contained in the Report. • The opinions are only as of the date stated in the Report. Changes since that date in external and market factors or in the Property itself can significantly affect the conclusions in the Report. • The Report is to be used in whole and not in part. No part of the Report shall be used in conjunction with any other analyses. Publication of the Report or any portion thereof without the prior written consent of C&W is prohibited. Reference to the Appraisal Institute or to the MAI designation is prohibited. Except as may be otherwise stated in the letter of engagement, the Report may not be used by any person(s)other than the party(ies)to whom K is addressed or for purposes other than that for which it was prepared. No part of the Report shall be conveyed to the public through advertising,or used in any sales, promotion,offering or SEC material without C&W's prior written consent.Any authorized users)of this Report who provides a copy to,or permits reliance thereon by,any person or entity not authorized by C&W in writing to use or rely thereon, hereby agrees to indemnify and hold C&W, its affiliates and their respective shareholders, directors, officers and employees, harmless from and against all damages, expenses, claims and costs, including attorneys'fees, incurred in investigating and defending any claim arising from or in any way connected to the use of, or reliance upon,the Report by any such unauthorized person(s)or entity(ies). • Except as may be otherwise stated in the letter of engagement, the Appraiser shall not be required to give testimony in any court or administrative proceeding relating to the Property or the Appraisal. • The Report assumes (a)responsible ownership and competent management of the Property; (b)there are no hidden or unapparent conditions of the Property, subsoil or structures that render the Property more or less valuable (no responsibility, is assumed for such conditions or for arranging for engineering studies that may be required to discover them); (c) full compliance with all applicable federal, state and local zoning and environmental regulations and laws, unless noncompliance is stated, defined and considered in the Report; and (d) all required licenses, certificates of occupancy and other governmental consents have been or can be obtained and renewed for any use on which the value opinion contained in the Report is based. • The physical condition of the improvements considered by the Report is based on visual inspection by the Appraiser or other person identified in the Report. C&W assumes no responsibility for the soundness of structural components or for the condition of mechanical equipment,plumbing or electrical components. • The forecasted potential gross income referred to in the Report may be based on lease summaries provided by the owner or third parties. The Report assumes no responsibility for the authenticity or completeness of lease information provided by others. C&W recommends that legal advice be obtained regarding the interpretation of lease provisions and the contractual rights of parties. 11111'i WAKEFIEELLDa. �� vn DON&AomsoaY P665 MR.DANN C.NARVESON CUSHMAN&WAKEFIELD OF TEXAS,INC. SERVICE CORPORATION INTERNATIONAL MAY 2,2012 PAGES • The forecasts of income and expenses are not predictions of the future. Rather,they are the Appraiser's best opinions of current market thinking on future income and expenses. The Appraiser and C&W make no warranty or representation that these forecasts will materialize.The real estate market is constantly fluctuating and changing. It is not the Appraisers task to predict or in any way warrant the conditions of a future real estate market; the Appraiser can only reflect what the investment community, as of the date of the Report, envisages for the future in terms of rental rates, expenses, and supply and demand. • Unless otherwise stated in the Report, the existence of potentially hazardous or toxic materials that may have been used in the construction or maintenance of the improvements or may be located at or about the Property was not considered in arriving at the opinion of value. These materials (such as formaldehyde foam insulation, asbestos insulation and other potentially hazardous materials)may adversely affect the value of the Property.The Appraisers are not qualified to detect such substances.C&W recommends that an environmental expert be employed to determine the impact of these matters on the opinion of value. • Unless otherwise stated in the Report, compliance with the requirements of the Americans with Disabilities Act of 1990 (ADA)has not been considered in arriving at the opinion of value.Failure to comply with the requirements of the ADA may adversely affect the value of the Property. C&W recommends that an expert in this field be employed to determine the compliance of the Property with the requirements of the ADA and the impact of these matters on the opinion of value. • If the Report is submitted to a lender or investor with the prior approval of C&W,such party should consider this Report as only one factor,together with As independent investment considerations and underwriting criteria, in Its overall investment decision. Such lender or investor is specifically cautioned to understand all Extraordinary Assumptions and Hypothetical Conditions and the Assumptions and Limiting Conditions incorporated in this Report. • In the event of a claim against C&W or its affiliates or their respective officers or employees or the Appraisers in connection with or in any way relating to this Report or this engagement, the maximum damages recoverable shall be the amount of the monies actually collected by C&W or its affiliates for this Report and under no circumstances shall any claim for consequential damages be made. • If the Report is referred to or included in any offering material or prospectus, the Report shall be deemed referred to or included for informational purposes only and C&W, its employees and the Appraiser have no liability to such recipients. C&W disclaims any and all liability to any party other than the party that retained C&VV to prepare the Report. • Any estimate of insurable value, if included within the agreed upon scope of work and presented within this report, is based upon figures derived from a national cost estimating service and is developed consistent with industry practices. However, actual local and regional construction costs may vary significantly from our estimate and individual insurance policies and underwriters have varied specifications, exclusions, and non-insurable items. As such, we strongly recommend that the Client obtain estimates from professionals experienced in establishing insurance coverage for replacing any structure.This analysis should not be relied upon to determine insurance coverage. Furthermore,we make no warranties regarding the accuracy of this estimate. • By use of this Report each party that uses this Report agrees to be bound by all of the Assumptions and Limiting Conditions, Hypothetical Conditions and Extraordinary Assumptions stated herein. cummma WAKMM D. VALW710"&AV#8= P666 MR.DANN C.NARVESON CUSHMAN 8 WAKEFIELD OF TEXAS,INC. SERVICE CORPORATION INTERNATIONAL MAY 2,2012 PAGE CERTIFICATION OF APPRAISAL We certify that,to the best of our knowledge and belief: • The statements of fact contained in this report are true and correct. • The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. • We have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. ■ We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. ■ Our engagement in this assignment was not contingent upon developing or reporting predetermined results. ■ Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. ■ The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute,which include the Uniform Standards of Professional Appraisal Practice. ■ The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. ■ Chris Geggatt did make a personal inspection of the property that is the subject of this report. Scott Rando, MAI did not make a personal inspection of the property that is the subject of this report. ■ We have not performed prior services involving the subject property within the three-year period immediately preceding the acceptance of the assignment. ■ No one provided significant real property appraisal assistance to the persons signing this report. ■ As of the date of this report, Scott Rando, MAI has completed the continuing education program of the Appraisal Institute. ■ As of the date of this report, Chris Geggatt, has completed the Standards and Ethics Education Requirement of the Appraisal Institute for Associate Members. Chris Geggatt Scott Rando, MAI Director Senior Managing Director TX Certified General Appraiser TX Certified General Appraiser License No.TX-1380025-G License No.TX-1 322037-G chds.geggatt@cushwake.com scott.rando @cushwake.com (713)963-2812 Office Direct (713)398-1548 Office Direct (713)963-2870 Fax (972)692-6713 Fax 0,0, a ,NF AWAKEFIELD. vALWT,ON F AW W0.Y P667 MR.DANN C.NARVESON CUSHMAN&WAKEFIELD OF TEXAS,INC. SERVICE CORPORATION INTERNATIONAL MAY 2,2012 PAGE 10 ADDENDA CONTENTS ADDENDUM A: SURPRISE FUNERAL CHAPEL STATISTICS AND SUPPORTING INFORMATION ADDENDUM B: MCKENZIE MORTUARY STATISTICS AND SUPPORTING INFORMATION ADDENDUM C: TED DICKEY FUNERAL HOME STATISTICS AND SUPPORTING INFORMATION ADDENDUM D: SUNSET NORTH FUNERAL HOME STATISTICS AND SUPPORTING INFORMATION ADDENDUM E: APPRAISERS' QUALIFICATIONS ADDENDUM F: LETTER OF ENGAGEMENT ,11111%WAKEFIELD. •,n VALUAT ON&A J%'15ORY P668 ADDENDUM A : SURPRISE FUNERAL CHAPEL STATISTICS AND SUPPORTING INFORMATION P669 U yC V 1 O Q ° w 0 O N — N E w r f a = ' � N ab E � _ o i N fl n E 1n E E f i ( E e � u W X m P ry V C r N b n o ° O s ° L � Q w O O N L E S �bn rc i s f a o = L N a � O w V ry ry O � L ° w o a y m w Q f O a` y c n P670 ADDENDUM B : MCKENZIE MORTUARY STATISTICS AND SUPPORTING INFORMATION p 4 � A IV m I m --*AVNN if r n� E Vvm m 4" y.2 8 Poo IT c i c i 4 vi l z2 C � � S T yJ F .:Nlp d�Y'Alld4 ��W�r•ry'hlldl�J1'�•F'�F..a E e i r Tr 2 - g1N1$��mtlN I 0d c I o " P672 ADDENDUM C : TED DICKEY FUNERAL HOME STATISTICS AND SUPPORTING INFORMATION P673 x m F � F P T N c E O _ � O N ° a f s o N n E i � a c s A N Q 6 a` E N E E E P E x x U 11. C N m « E O N S o ^ E a yi 6 _ C m � � ` s 8 H C N a � E fa' � P674 ADDENDUM D : SUNSET NORTH FUNERAL HOME STATISTICS AND SUPPORTING INFORMATION •� `re 6 �y f fir,• - '��r w i N P 1 C L \l YV y� Y L a _ o , C P676 ADDENDUM E : APPRAISERS ' QUALIFICATIONS P677 PROFESSIONAL QUALIFICATIONS Scott M. Rando, MAI Senior Managing Director Valuation&Advisory Mr. Rando serves as Senior Managing Director and Regional Partner within the Valuation & Advisory group of Cushman & Wakefield of Texas, Inc. As Senior Managing Director, Mr. Rando oversees and directs the efforts of the Houston office and serves as the Quality Control manager. Experience During his 25-year career, Mr. Rando has managed and reviewed thousands of pension fund, CMBS, estate, bank and corporate appraisal and consulting engagements. His valuation expertise includes premier properties such as super-regional and regional malls, major CBD and suburban office buildings, mixed-use commercial and residential developments, affordable and market rate multi-family developments, corporate headquarters facilities, as well as commercial, industrial and residential developments throughout the U.S. General experience includes valuation assignments of the following property types: • Regional&Super-Regional Malls • Major CBD and Suburban Office • Power&Discount Centers • Specialty Retail • Community&Neighborhood Centers • Condo Conversions • Garden Style,Mid-Rise&Hi-Rise Apts • Bond Financed Apartments • LIHTC,HUD,FNMA&Freddie Mac • Automobile Dealerships • R&D, Warehouse & Industrial • Development& Investment Facilities • Resort&Recreational Properties • Major Hotels • LandLeasehold/Leased Fee Interests • Joint Venture • Limited Partnership Interests • Other Undivided Interests • Special Purpose Properties • Service Station and C-Store Prior to joining Cushman & Wakefield of Texas, Inc. Mr. Rando was a senior manager in the Houston office of Arthur Andersen LLP and specialized in real estate appraisal and consultation. At Arthur Andersen, he co-managed a staff of 30 appraisers and coordinated the valuation and due diligence sectors, with an emphasis on institutional real estate owners, such as pension funds, corporate real estate owners and major conduit lenders. Mr. Rando was also responsible for much of the staff and system development. Before joining Arthur Andersen,his early career was with Trahan & Partners, where he helped to grow the firm from five appraisers to a nationally recognized organization with multiple offices and more than 25 employees. LWINWA EF ED. k10 P678 PROFESSIONAL QUALIFICATIONS Scott M. Rando, MAI Education Degree: Bachelor of Business Administration in Finance from the University of Houston. Memberships, Licenses and Professional Affiliations • Certified General Real Estate Appraiser-State of Texas (License No. TX-1322037-G • Designated Member of the Appraisal Institute (MAI) • Designated Member,Houston Apartment Association—HAA • Professional Member,National Multi Housing Council - NMHC • Candidate,Certified Commercial Investment Member—CCIM • Member,National Council of Real Estate Investment Fiduciaries—NCREIF 534 WAKEFIELD® .v. P679 You may wish to laminate the pocket identification card to preserve it. The person named on the reverse is licensed by the Texas Appraiser Licensing and Certification Board. Inquiry as to the status of this license may be made to: Texas Appraiser Licensing and Certification Board P.O.Box 12188 Austin,Tx 78711-2188 SCOTT M RANDO t~.talcb.state.tx.us 1330 POST OAK BLVD STE 2700 (512)459-2232(TREC) HOUSTON,TX 77056 Fax:(512)465-3995 IrexaS ftitraiser$itensinq anb Certification Aioarb P.O.Box 12188 Austin,Texas 78711-2188 Certified General Real Estate Appraiser Number#. TX 1322037 G Issued. 04/21/2011 e..u�res 04130/2013 Appraiser. SCOTT M RANDO /� M°wwwwNee..e°I°noir'�e,,,a°lu.,wxffitxtixrat mbr j NeT.mAW.e,ul--,°4 eeN6c°bun Alt Te.woc=uptsma r aeM ewe App'°"=r ouglss E Oldml.on Commission,. Texas 0ppraiger licenzing anb (Certification 714611uarb P.O. Box 12188 Austin, Texas 78711-2188 Certified General Real Estate Appraiser Number: TX 1322037 G Issued: 04/21/2011 Expires: 2013 Appraiser: SCOTT M RANDO Having provided satisfactory evidence of the qualifications required by the Texas Appraiser Licensing and Certification Act. Texas Occupations Code, Chapter 1103, is authorized to use this title, Certified General Real Estate uglas E.Old Ixon Appraiser. Commissioner P680 PROFESSIONAL QUALIFICATIONS Chris Geggatt Associate Director Valuation&Advisory Mr. Geggatt joined Cushman & Wakefield of Texas, Inc. in March 2011. Prior to joining Cushman & Wakefield's Valuation & Advisory, Mr. Geggatt worked as an associate appraiser with National Appraisal Partners, LLP. Mr. Geggatt has over five years of experience in the commercial real estate valuation services and banking industries and has appraised a variety of property types during his career. Appraisal Experience During his career, Chris' responsibilities have included appraisal assignments located throughout Texas, Louisiana, Kansas, Florida, and Oklahoma. These assignments include the appraisal of varying interests in: residential subdivisions, professional office buildings, shopping centers, industrial facilities, apartments, net-leased / ground-leased properties, day care centers, schools, parking garages, land developments, automotive facilities, hotels, mixed-use properties, car washes,stadiums,gasoline station/convenience stores and special-use properties. Education Texas Christian University,Graduated 2006 Degree: Bachelor Business Administration,Finance with an emphasis on real estate Appraisal Education Chris has completed the requirements of the continuing education program of the Appraisal Institute and has also completed the following professional courses: Highest&Best Use and Market Analysis—Appraisal Institute,Houston TX General Appraiser Report Writing—Appraisal Institute,Jackson MS General Appraiser Site Valuation&Cost Approach—Appraisal Institute,Chicago IL General Appraiser Sales Comparison Approach—Appraisal Institute,Chicago IL General Appraiser General Income Approach I &II—Appraisal Institute,Houston TX Apartment Appraisal—Appraisal Institute, Online Statistics &Valuation Modeling—Appraisal Institute,Online USPAP,Appraisal Institute,Houston TX Real Estate Investments,Texas Christian University,Fort Worth,TX Concepts of Appraisal,Texas Christian University,Fort Worth,TX Concepts of Real Estate,Texas Christian University,Fort Worth,TX Memberships,Licenses and Professional Affiliations State Certified General Real Estate Appraiser#TX-1 380025-G (Through January 2013) Associate Member of the Appraisal Institute#542841 ,III' a0r. WAKEFIELD P681 You may wish to laminate the pocket identification card to preserve it. The person named on the reverse is licensed by the Texas Appraiser Licensing and Certification Board. Inquiry as to the status of this license may be made lo: Texas Appraiser Licensing and Certification Board P.O.Box 12188 Austin,Tx 78711-2188 CHRISTOPHER COVEY GEGGATT w .talrb.state.b.us 1324 PRINCE ST (512)459-2232(TREC) HOUSTON,TX 77008 fax:(512)485-3995 Texan Appraiaer'ILicenain9 anb Certification iBoarb ? P.O.Box 12188 Austin.Texas 78711-218a i Certified General Real Estate Appraiser i Number#:TX 1380025 G Issued: 0111412011 Expires. 01131/2013 l Apprebec CHRISTOPHER COVEY GEGGATT tMT9 APPCWwvr«eboarm. M.T rb Tbi/yperY Bair�ebb GRlullm Ml.rbe OeapNnr 11�IEOIW,Ww.YbI,YCb WVi Olb.fi,lM OwbrM s E Oldmlxon Commlesloner Texas 1=ppraiar litenzing anb Certifitati0n �3uarb P.O. Box 12188 Austin, Texas 78711-2188 Certified General Real Estate Appraiser Number: TX 1380025 G Issued: 01/14/2011 Expires: 01/31/2013 Appraiser: CHRISTOPHER COVEY GEGGATT Having provided satisfactory evidence of the qualifications required by the Texas Appraiser Licensing and Certification Act, Texas Occupations Code, Chapter 1103, is authorized to use this title, Certified General Real Estate uglas E.Old ixon Appraiser. Commissioner P682 ADDENDUM F : LETTER OF ENGAGEMENT P683 ONO Scott Rando,MAI GIN WAKEF ELL Senor Managing Director �� Cushman&Wakeriold of Texm,Inc. 1330 Post Oak Bnulav ,Sure 2700 RouBl on,TX 77056 71369&1546 Cell 713-963-2969 Tel 972-6926713 FU awltm do®mahwake.mm April 25,2012 Mr. Dann C Narveson SERVICE CORPORATION INTERNATIONAL 1929 Allen Parkway, 7th Floor Houston, TX 77019 Re, Funeral Home Development Impact On Housing Values Dear Mr. Narveson Thank you for requesting our proposal for consulting services. This proposal letter will become, upon your acceptance, our letter of engagement to provide the services outlined herein. TERMS OF ENGAGEMENT I. PROBLEM IDENTIFICATION The Parties To This Agreement: The undersigned Cushman & Wakefield affiliated company and (herein at times referred to as"Client"). SG/ Fiw'Blrrc yur'6TFLY /av,'avaa•,rc GdvG6,P.ez✓F Intended Users: The impact study will be prepared for SERVICE CORPORATION INTERNATIONAL and is intended only for the use of this client, for the use specked below. The Client agrees that there are no other Intended Users. The report may not be distributed to or relied upon by other persons or entities without written permission of Cushman &Wakefield, Inc. Intended Use: Internal review by the Client in connection with internal asset evaluation. Type of Opinion and Rights To determine the impact that the development of a funeral home Appraised: has on area single family home values. Date Of Opinion: Date of construction as well as period prior and post P684 Mr. Dann C Narveson Service Corporation International April 25, 2012 Page 2 construction. Subject of the Assignment and The subject property is a proposed funeral home; however, we Relevant Characteristics: are not specifically studying the subject funeral home, as it is not yet constructed. Rather, we are analyzing other funeral homes built in the United States over the past 10 years in order to draw some conclusions as to the impact of the addition of a funeral home, on the area single family home values. Assignment Conditions: The assignment will not incorporate any extraordinary assumptions or hypothetical conditions other than those specifically set forth in the consulting report. II. ANTICIPATED SCOPE OF WORK USPAP Compliance: The undersigned Cushman & Wakefield affiliated company and/or its designated affiliate or subsidiary (herein at times 'C&W)will develop a consultation that reflects the value change in specific areas surrounding newly developed funeral homes, in accordance with USPAP, the Code of Ethics and Certification Standards of the Appraisal Institute for consulting engagements. General Scope of Work: • Our client has provided several (4-5) funeral homes that they believe best reflect the characteristics of the proposed funeral home in Rancho Cucamonga, California. These will be newly constructed funeral homes in areas that are reported to be reasonably similar to the Rancho Cucamonga location. Note that we did not inspect either the Rancho Cucamonga location and market area, or any of the comparable locations and do not have an opinion of the comparability. • However, we will gather and analyze single family home prices/statistics in proximity to each of the 4-5 newly constructed funeral homes in an effort to determine the impact of the funeral home on pricing. • Specifically,we expect to research and analyze transactions within an immediate impact zone(such as half a mile, or one mile) before and after the funeral home construction at each of these 4-5 locations. • We will then research and analyze transactions within a larger market control zone(such as two or three mile radius- -excluding the immediate impact zone) before and after the funeral home construction at each of these 4-5 locations. • We will then complete a comparison of the pricing trends and statistics within the immediate impact zone as compared to the larger market control zone. We may even look to the MSA or larger market control zone depending on the availability of statistical data. • From this we will draw conclusions about the statistical data CUSH MAN& WAKEFIELD. P685 Mr. Dann C Narveson Service Corporation International April 25,2012 Page 3 within each of the different zones (immediate impact zone and market control zone). III. REPORTING AND DISCLOSURE Scope of Work Disclosure: The actual Scope of Work will be reported within the report. Reporting Option: The appraisal will be communicated in a restricted and concise report that summarizes the data and conclusions. Fee: $4.750($750 per location plus a$1.000 prolect expense feel Note that any consultation, arbitration, additional meetings, litigation etc. that is completed after the submission of the study will be billed at our the following hourly rates: Manager and Senior Associate: $350 Associate: $225 Analyst: $150 All invoices are due upon receipt. The Client shall be solely responsible for C&Ws fees. Acknowledgement of this obligation is made by the countersignature to this agreement by an authorized representative. Additional Expenses: Fee quoted is inclusive of expenses related to the preparation of the report. Retainer: No retainer is required for this assignment In order to commence work. Report Copies: The report will be delivered in electronic format. Up to two hard copies will be provided upon request. Start Date: The consulting process will initiate upon receipt of this signed agreement. Acceptance Date: This proposal is subject to withdrawal if the engagement letter is not executed by the Client within four(4)business days. Report Delivery: May 4, 2012 Changes to Agreement The identity of the Client, intended users, or intended use, the date of value; type of value or interest appraised, or property appraised cannot be changed without a new agreement. Prior Services Disclosure: The engaging or principal consultant has not provided services regarding the subject property within the prior three years. Conflicts of Interest: C&W adheres to a strict internal conflict of interest policy. If we discover in the preparation of our engagement a conflict with this assignment we reserve the right to withdraw from the assignment without penalty. Further Conditions of Engagement The Conditions of Engagement attached hereto are incorporated herein and are part of this letter of engagement. isCUSHMAN& WAKEFIELD. P686 Mr. Dann C Narveson Service Corporation Intemational Apnl 25, 2012 Page 4 Thank you for calling on us to render these services and we look forward to working with you. Sincerely, CUSHMAN ✓£WAKEFIELD OF TEXAS , INC. Scott Rando, MAI Senior Managing Director cc: AGREED: SC/ F40'4 £4 cAt ��d 6TSRY ,unPGV�r,�[ leoP��✓r� �vG CLIENT: A�IANAL BY: Date: Z6 c Dann C Narveson Title. /.e +� � �1ffA Phone&Fax Nos.: Phone: 713-525-7380 Mobile: 713-818-5847 Fax: 713-525-3008 A CUSHMAN e WAKEFIELD., P687 Mr. Dann C Narveson Service Corporation International April 25,2012 Page 5 WIRE TRANSFER INSTRUCTIONS Clients may wire money to: JPMorgan Chase New York, New York Cushman & Wakefield Concentration Account Account# 006049869 ABA# 021000021 Attn: Joan Sheetz To help us properly apply the funds, the following information must be referenced on the wire transfer: ❑ Cushman & Wakefield's 11-digit Invoice Number OR ❑ Name or Address of the Real Property being analyzed ❑ Name & Phone # of person we can contact if there are any questions regarding the transfer CUSH MAN 6 WAKEFlELD, P688 Information Needed to Complete the Assignment • No additional data will be required. ALCUSHMAN& WAKEFIELD. P689 CONDITIONS OF ENGAGEMENT 1) The Client and any Intended Users identified herein should consider the appraisal as only one factor together with its independent investment considerstions and underwriting criteria in its overall investment decision. The appraisal cannot be used by any party or for any purpose other than as specified in this engagement letter_ 2) Federal banking regulations require banks and savings and loan associations to employ appraisers where a FIRREA compliant appraisal must be used in connection with mortgage loans or other transactions involving federally regulated lending institutions, including mortgage bankerstbrokers. Because of that requirement, this appraisal, if ordered independent of a financial instfWtion or agent, may not be accepted by a federally regulated financial institution. This appraisal will be prepared in accordance with the Uniform Standards of Professional Appraisal Practice of The Appraisal Foundation,the Standards of Professional Practice and the Code of Ethics of the Appraisal Institute. 3) The appraisal report will be subject to our standard Assumptions and Limiting Conditions,which will be incorporated into the appraisal. All users of the appraisal report are specifically cautioned to understand any Extraordinary Assumptions and Hypothetical Conditions which may be employed by the appraiser and incorporated into the appraisal. 4) The appraisal report or our name may not be used in any offering memoranda or other investment material without the prior written consent of C&W, which may be given at the sole discretion of C&W. Any such consent, if given, shall be conditioned upon our receipt of an indemnification agreement from a party satisfactory to us and in a form satisfactory to us. Furthermore, Client agrees to pay the fees of C&Ws legal counsel for the review of the material which is the subject of the requested consent If the appraisal is referred to or included in any offering material or prospectus,the appraisal shall be deemed referred to or included for informational purposes only and C&W,its employees and the appraiser have no liability to such recipients. C&W disclaims any and all liability to any party other than the party which retained C&W to prepare the appraisal. 5) In the event the Client provides a copy of this appraisal to, or permits reliance thereon by, any person or entity not an identified Intended User at the time of the assignment and authorized by G&W in writing to use or rely thereon, Client hereby agrees to indemnify and hold C&W, its affiliates and the respective shareholders, directors, officers and employees, harmless from and against all damages, expenses, claims and costs, including attorney's fees, incurred in investigating and defending any claim arising from or in any way connected to the use of,or reliance upon,the appraisal by any such unauthorized person or entity. 8) The balance of the fee for the appraisal will be due upon delivery of the report Payment of the fee is not contingent on the appraised value, outcome of the consultation report, a loan dosing, or any other prearranged condition. Additional fees will be charged on an hourly basis for any work, which exceeds the scope of this proposal, including performing additional valuation scenarios, additional research and conference calls or meetings with any party, which exceed the time allotted by C&W for an assignment of this nature. If we are requested to stop working on this assignment, for any reason, prior to our completion of the appraisal, C&W will be entitled to bill the Client for the time expended to date at C&Ws hourly rates for the personnel involved. 7) If C&W or any of its affiliates or any of their respective employees receives a subpoena or other judicial command to produce documents or to provide testimony involving this assignment in connection with a lawsuit or proceeding, C&W will use reasonable efforts to notify the Client of our receipt of same. However, if C&W or any of its affiliates are not a party to these proceedings, Client agrees to compensate C&W or its affiliate for the professional time and reimburse C&W or its affiliate for the actual expense that it incurs in responding to any such subpoena or judicial command, including attorneys' fees, if any, as they are incurred. C&W or its affiliate will be compensated at the then prevailing hourly rates of the personnel responding to the subpoena or command for testimony. 8) By signing this agreement Client expressly agrees that its sole and exclusive remedy for any and all losses or damages relating to this agreement or the appraisal shall be limited to the amount of the appraisal fee paid by the Client. In the event that the Client, or any other party entitled to do so, makes a claim against C&W or any of its affiliates or any of their respective officers or employees in connection with or in any way relating to this engagement or the appraisal, the maximum damages recoverable from C&W or any of its affiliates or their respective officers or employees shall be the amount of the monies actually collected by G&W or any of its affiliates for this assignment and under no circumstances shall any claim for consequential damages be made. 9) It is acknowledged that any opinions and conclusions expressed by the professionals of C&W or its affiliates during this assignment are representations made as employees and not as individuals. C&Ws or its affiliate's responsibility is limited to the Client,and use of our product by third parties shall be solely at the risk of the Client and/or third parties. 10) The fees and expenses shall be due C&W as agreed in this letter. If it becomes necessary to place collection of the fees and expenses due C&W in the hands of a collection agent and/or an attorney(whether or not a legal action is filed) Client agrees to pay all fees and expenses including attorney's fees incurred by C&W in connection with the collection or attempted collection thereof. IAb CUSHMIAN A . WAKEFIELD, �`' 1 to • 1 l y 1 ' 1 rj /7 i . Imo. t Y w :� ..r • �,_r r. ado __.. � ' • 'c. � - {1 f/j'► -tea l l , y IAv• - Cl wantla'AVe��rll z+��'Ja�- v • �� .. _ _. � r�A�t_-_ _. _ ° •...«.......al n rand a'AVe IQ qm • w 1 -, K T*r• ' • � a = i7I ♦ fay --„�f ..r .i Vlclolld•Paik Ln -_ _ V�clona��1 na. • ,y..4i'�%_ r� — Idryaa J'lo^0 1 ;l _ m • v a - l i -'.� `4 s• 1 '. li4i if • ;= `�y/` .�F fF< .'mss .�. + + � � �'.J, ' :>• '3 V w 3 •-[% � y � a ri .ice ., ` . 1 w a -W ` � N.Sunnse Blvd y -� ut bb t0 nilr 4 Rd"��.,�._-_. - 4 Sa$rval Rtl C + � ©D n U ,;.L Y Pro_{Pr¢etrAVe c. _ F • P r j w N ProSPe r v^ 1166 �, .II�'-� . , ,.r,b., �"l. ar� f� �� ■ -. yyAApp . ► , t ° any�oueunx Xlnieno'AVe �ena Ave ■. Ilk - • 1'l e Y Bonnee e E y Bennenw_e -' Be Ma �n S i 1a a.-qI rR/r tat w Seima- MR zi _Aj 2l C d.¢ ?'p YG4, TCTIMFr'e Y .2min0'AV,¢' _ .r • r•� w3` IN Y `�rv�:�' �_ T a.� "• p ,� mf._. umainu'Ave ;�. s L ■ c _ •al ^'{- �•� A �} M emar�4vT. � 96� ..ve falr^.: !is , N�NNN3�� y .. W'. . .1:2� top • •� .. r ` GrarqFVe �• " �' G ena,AVe PIP 14 w. r '.a-.> ' E v L tlltl'Fy , All Air c ,..♦ _ � Pe r yam. F r Y' 1 r � •. >}T� �. I r LoriiB'AVe v' N Newpon Ave � > too f m Redondo Ave u Redondo AVe a 'rj • a t w� y € 7-7 'ry aI IX n VV�F[.� �;nr�na < I Ip� `GOranano ve' F � � � i .r'n G iJ a`1. ' ■r yl l � 8A. = I ¢ r'Jr SJVngi nlDr - Eyt f a aim PH 11, lool - - 1 9 G N' m + r c m At s � 1 a � r s 1. u _ c F ZQ " y°I i IX1 '. o .. �Jpi a N...�. W C7 i lY � o o,. rS rsenVel:. " it +� ,.e, Ij FIX a � a o 5 r c IF 4" o CEO: • Epp ,Y rc IF 1 I L - � e a F i7 t v 1 V I W a Ul . z, a - 1 rev, E 641'. w L 11pp;y � n4> , P695 Smith, Michael From: Lou Desmond [lou @dandlpr.com] Sent: Tuesday, October 09, 2012 9:39 AM To: sandy @dandlpr.com; 'Narveson, Dann' Cc: Jennifer Guenther Subject: FW: statement on funeral home Attachments: JKentAppraiserRes2.pdf L�J ]KentAppralserRes 2.pdf(233 KB... From our local appraiser From: J. K. [mailto:jakent66C@yahoo.com] Sent: Monday, October 08, 2012 8:18 PM TO: louC@dandlpr.com Subject: Re: statement on funeral home I see the issue of loss of residential property values in relation to the proposed Funeral Home on East Ave to be a non issue. Funeral Homes are most similar to churches in their services and customer traffic patterns around their locations. Provided their is no on- site cremations, property values should remain relatively stable around the proposed project. East Avenue is a major thoroughfare. through Etiwanda due to its proximity to the Baseline off-ramp off the15 Freeway. Its always going to have an elevated traffic count, and will always have commercial elements attached or close to it. James Kent Certified Residential Appraiser Licensed Real Estate Broker Retrospect Appraisal P.O. Box 766 Claremont, Ca. 91711 (909) 559-6971 ATTACHMENT K P696 Smith, Michael From: Narveson, Dann [Dann.Narveson @Sci-us.com] Sent: Tuesday, September 25, 2012 1:03 PM To: Subject: FW: Appraisal Institute-Y.T. and Louise Lee Lum Library Jennifer and Lou: here is the Appraisal Institutes response. From: Goodman, Eric [mailto:EGoodman @appraisalinstitute.org] Sent: Tuesday, September 25, 2012 2:54 PM To: Narveson, Dann Subject: Appraisal Institute - Y.T. and Louise Lee Lum Library Y.T. and Louise Lee Lum Library - Funded by the Appraisal Institute Education Trust To Dann Narveson From Eric Goodman Date September 25, 2012 Re Information request Information Delivery - When I conducted the reference search on the topic that the Appraisal Institute stated that proximity to funeral homes/cemeteries reduced the value of surrounding property values. My research included the following: 1) Performing a literature search with the library's online catalog 2) Contacting the Managing Editor and Executive Editor of our two serials. 3) Contacting the Communications Senior Manager and Director for media releases Knowledge of this statement could be found nowhere in our materials. If you have any other questions, please let me know. Notice: Warning Concerning copyright Restrictions 1 P697 The copyright law of the U.S. (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research. " If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use, " that user may be liable for copyright infringement. The Lum Library reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law. 0 Eric B. Goodman Senior Manager, Lum Library Appraisal Institute 200 W. Madison Suite 1500 Chicago, IL 60606 T 312-335-4490 F 312-335-4491 E egoodman @appraisalinstitute.org<mailto:egoodman @appraisalinstitute.org> www.appraisalinstitute.org<http: //www.appraisalinStitute.org/> 2 lfle -01101Ve1gnDllr..1JaL: JGYGa ay1rGJ VlfnnY 1\GtbrWVrn liras rrau new... any..,,n.rr".w"era"r."u......"..w.",.w,.......rj...t.y...._._.----- .. Main/Barry Secrest / Links / News With Attitude / Podcasts / Conservative Refocus Rebuttals / Refocus Reports / Opposing Viewpoints / Evidence of Facebook Deleting Conservatives / Conservative Referees News A Fit To Read Selection of Significant News Items Of The Day Home / Advertise on Comervative Referees / Con / Lo"_ Ia / The "Bad Neighbor" List: Seven Types Of Bad Neighbors That Will Previous Post - Impact A Home's Value Fm Mimed Of Racism FmmAMiwrty Marber Tell Us What You Really ThinKf May 8th,2011 LYouTubel The "Bad Neighbor" List: Seven Types Of Bad Neighbors That Will Nod Post Impact t A Home's Value USNavvChnsumsLatest ieedMiss P Destroyer USS Mehld Momhy Dediaad Posted by.Barry Seertst To Fal6n Nn v SEAL a Published on N*8th,2011®117b37 am,using 991 words Posted in Evens and Issues:Credbk Resources o Latest posts htgr.11vww.blonMg%unki4cmn/wp4vp-cuita lupW&COlt/ONhad eighbwjpg Yahoo News by Brim O'Connell Evens and leases:Credible Resources More... Po o AwaaGOY Orb'Fme Maeft,"j§k MQ N Ovef BPW5 Forced Ple4errea Woody Allen once said, "We're all our brother's keepers,but in my case I share that boner with v o Daudet Manir Shur the Prospect Park Zoo." Lashes Od at Proses lees Tea Pant We Mug Bow In Mwah o Hecker Grow Areommous Bad neighbors are nothing to laugh about,according to the Appraisal hstuate.An unkempt yam, Takes town the Vaxicav's Web close proximity to a sex offender, or having an uninnuoste commercial facility nearby (like a See-Cam the Cathew Churc h •Cmrmn" power plant or funeral home),can reduce the value of surrounding homes by as much as 15%. o The Obams tytrlakry "Brosnan 1 Ceo."Kbas ue(ones W:mer "The impact can vary tremendously depending on a few factors:bow bad the bad neighbor is,the Stays on Foodstmtas fYoutubel o Bhaat solar storm in 1R mcd kind of wighbor pod you're located in,and the type of market that exists," says Cedes Gobel, wwaxd FaM could dsrurn director of residential services at brogra Realty Resources in Miami. covers aid.OPS and But what exactly is a"bad"rcighboO Defmitiots vary,but real estate professionals say it boils down to any home or business enterprise that turns people oft "A bad neighbor is one that has no consideration for the rest of the con'a miry; says Mindy Pordes, co-founder of Pordes Residential Sales & Marketing in Aventma, Fla. "For example, someone who doesn't take cure of the outside appearance of the home, such as the gardening painting of the outside of the home,roof,garbage and general upkeep. In addition,a bad neighbor may have constant visitors taking up parking spaces,perhaps on the street, loud house parties, dogs that bark all night or saay can lingering around." A"bad"neighbor can also be a business or government enterprise whose very existence drives the value of your property down Here,the seven suprising neighbors that can reduce your home's value: Power Plants.The data is fairly clear on the impact of power plants on nearby home values—it usually hurts them A study from the University of California at Berkeley slows float home values within two miles of a power plant can decrease between 4%and 7%. Landfills.A study from the Pima County (Arizona) Assessoes office shows that a subdivision 1 of 5 3/82012 4:37 PI lIG DniLL l\Gllal'IWt' IdJL JGVGr lypoa Vi OaLL ivcigtnnaia aiaoa nun aau... iuga.rrnrr rr.�vawavu".ra..�..wu+..•w...v,wy.Yaya located near near a landfill(and all other residential factors being equal,like bouse sine,school quality and residential incomes)loses 6%to 109/6 in value compared to a subdivision that isn't located ? OVER near a dump. YOUR Robert A.Simons,an urban planning professor at Cleveland State University,says that if you live ? AJ.rSETrS within two miles of a Superfund site (a landfill that the goverurcnt designates as a hazardous s waste site),your home's value could decline by up to 15%. 1 The Irnsiaaixz Pmfesiona6 at Sex Offenders. Living in close proximity to a registered sex offender is one of the biggest Caz am downward drivers of home values. Researchers at Longwood University's College of Business& to help. a Eoommics conclude that the loser you live to e sex offender, the more your home will i R9k9uvkc depreciate. In the paper.Estimating the Effect of Crime Risk on Property Values and Time on �S ineurenee agency Market. Evidence from Megan's Law in Virginia,Longwood researchers say, "the preserve of a s speciatimmli� -q coumwrciw registered sex offender living within one-terah of a mile reduces Mme values by about 90/y and j business Firies. r these same homes take as much w loo/a longer to sell than Iwmes not located near registered sex o a offenders." F E Delinquent Bill Payers. One surprising way that neighbors can bring down the value of t surrounding homes, especially in town Notre or condo communities, is by not paying their maintenance fees or their mongages. "Bad neighbors bring values doom by rot paying their Grreialb3IIdy �' maintenance fees, in some taus their mortgage payments, and rot maintaining the tome's $ Btisaness AiAO g appearance,"says Pordes."'these homeowners usually do not care about real estate values." g Wakens i:eunp v and Mons... k Foreclosed Homes. 1'ednaps the biggest single factor that drives nearby home values down is a foreclosure. A recent study by the Massachusetts Institute of Technology concludes that a a 704996 2456 ., neighbors foreclosed home can slash the value of Mmes within 250 feel of the foreclosed & OR properties by ®average of 278/. Says Federal Reserve Governor Joseph Tracy recently in his �• j economic outlook for 2011: 'The gmwi g inventory of defaulted mortgages continues to weigh Click to v" u our wetisda. down arty recovery in the Musing market... Problems in housing markets can impact economic a growth..1 Lackluster Landscaping. Studies show that lawn care has a big impact on aumomding home values.Virginia Tech University released a report staling that pristine landscaping can jack up the value of a home by 5% to 10oh. But if the lawn looks like it just lasted the world mgby mnnannein,it can be a green thumb to the eye of local home prices. Closed Schools.Sometimes,neighborhood problems can stem from local government action For example,if a cash-stropped city or town closes a.neighborhood school,[bat can eas0y steer Mme values south.The National Association of Realtors says that 75%of Mme shoppers,the quality and availability of schools in the neighborhood is either "somewhat hnporma" or "very important." So can you fight back against problem neighbors? In the case of a landfill, power plain or sex offender,your options are severely limited As long as your neighbors are following the letter of the law,you'll just have to grin and bear it—or move. If mi.you have every right to petition your local government authorities for a grievance and at least get the matter reviewed, If it's a residential property causing the problem,however,you might have better options. For starters,you can leave a polite letter left in the offending homeowners mailbox to get his or her attention.In addition,Pordes says that if the home is located within a homeowners association m condo association,the association can send letters to the homeowner and deny the homeowner community privileges to try to ensure the homeowner complies with the coomauity rules and maintains home values. Most cities and towns do have ordinances against messy yards and junk-laden driveways, so check your cormtumty's rules and regulations to see what applies. 2 of 5 3/82012 4:37 Pr Unforfirnately, many cities and towns also have landfills, power plants and other less-than Find m on Facebook desirable commercial-sized neighbors. RZOM ConservatIve Refocus Most likely,you're just going to have to live with them. Like SION CoraftVative Refocus shamdalinire Popular Stories on yahool: Anotbw Goo ptnaurGlub; •Most Walkable Cities -rmdm over. Forced Place rnsamanoaft •9 hems Homebuyers Desire in 2011 *Where the Rich Are Movhre BLS noten.TyO horrma r rs a: Shy ThIs WkWonthe the bank requh Tap:bidreiek.,ba igbbon,hmoe.Aae,list, type;, l impact the bnk an A coerage wNd, Lzxw& n. D N.Wink Only the btenv sg7 W*like GNWWV&tive Refocus. No feedback yet WWI Praa nnh Dan MIn IM Contracts feed for this post Leave a comment mid men .ra ka*ve 619 Uka Your card address wil not be revealed on dris site. Send Website: lhltp:// Your URL will be drsplayad. You vote: Poor Excellent Cornment text: F A Pf RFECT UIVRAI STORM t options: 7i Auto-ER(la breaks become br W Renrernbcr me(Name,card&wetate) 7� Allow message form(AD=rz�to erza&ot yea thmogh a messy dam(�amag will rat be revealed) !iWoxa,ts Search Ali Words C) Some Word Fmc phm Please enter the obarranars from the mram above(case immsitive) Search 3 of 318/2012 4:37 PT aWaa�a.ayvv, aauw w�vu•�yv„vaa+vu•�w�yv..a.. .a.... ........r.. ..y.......................�. ..�....�..........y.e...r. .�_� P701 �.So�dmmt iF. prey°_«_! APWCCT. L1 Rt RZl. 'IgRM No ;Aopi7ab?e. You mot Roe: r Glenn Beck Gott OR i}e Deep-Fr0: Acases Gauervatrvcs Of Being Racist IZI XML Feeds RSS 2.0:Posh Comm Atone Psti Con WLa u RSS7 SCTibnia nSseH vo. 4 of 5 3/8/2012 4:37 R P702 02012 by CoaeaavaWe Rcbcw•�� Credft:Pow rad by b2mkitkm 5 of 5 3/812012 4:37 1 IV 4' _ •••••1000ibier, _ _ . • +fr We Want t® be a -v a ua ble Addition to our el or oa d ATTACHMENT L FACT SHEET P704 Proposed Funeral Home on Etiwanda There's been a lot of talk about the proposed MYTH:The funeral home will have no positive impact on our neighborhood funeral home on Etiwanda Blvd. and the FACT:The funeral home will have a positive economic impact on the myths are becoming legendary. Following city of Rancho Cucamonga are some myths and facts you should Estimates show: 1.25.2 new jobs will be created by the presence of the funeral . consider. home MYTH:Property values will plummet with a funeral home in the 2.exp new jobs will be created due to the construction neighborhood. expenditures FACT:Home values do not decrease due to the proximity of a 3.Revenue from the employment impacts of the operation of the funeral home funeral home are estimated io be$1,696,475.00 annually' In a 2012 study done by Cushman&Wakefield of Texas,Inc., 4.State and local government agencies will receive$116,00.00 in single family home values near a newly constructed funeral home additional taxes annually • were not negatively impacted in value.Cushman&Wakefield 5.The funeral home will attract approximately 3,000 visitors ' concluded;"Based on our analysis,this data indicates that the annually who will-stay in local hotels,shop from local stores, construction of the funeral homes did not appear to adversely and eat in local restaurants. ' impact the home values for the residences located in their close 6.The funeral home will purchase some of its supplies to support proximity." its operation within Rancho Cucamonga. MYTH:In an article titled, 'The`Bad Neighbor'List:Seven Types MYTH:The funeral home is just the start of multiple deathcare Of Bad Neighbors That Will Impact A Home's Value," services which will be provided in this location Brian O'Connell asserted that the Appraisal Institute FACT. By design,the building will not accommodate any pre or post studied and concluded that having a funeral home as a funeral services neighbor could reduce your home value.as much as 15%. FACT:According to the Senior Manager of the Lum Library MYTH:Funeral services are not being and have never been conducted at the Appraisal Institute,this claim is com in this neighborhood ghborhood unsubstantiated.In fact,he concluded,afte'r performing FACT:Etiwanda Gardens has hosted funerals,including visitations a literature search;contacting'the Editors of their two and viewings,for many years. publications,and contacting the managers for the Institute's media releases,that this statement had never MYTH, Residents of this neighborhood were unaware that a funeral been made."Knowledge of this statement could be found service provider could potentially build here Onowhere in our mat:eriaLs." :�`�,'� •_ FACT:There are many obituaries that show that viewings and P`� 1 \ .` visitations were taking place at the same time the affected 1011"Y H:The additional traffic generated'iIy the funeral home wdll neighborhood was being built or before homes were built cause traffic jams and lengthy ails` + ; `'��`there.Therefore,residents did purchase homes right next to a FACT.Traffic in thte local area will•be imp 4AE d ininintally \ facility perforating the services that will be performed by SCI. In Septemb&k I2 a tr1cjstudy of the proposed site was MYTI{:There-is no benefit to the community to have a funeral home conducted bylAdberttWilson&Assoc.of'I:ong Beach,CA.Using in the nei hborhood a similar model-in a similar location,they concluded that traffic FACT: teial Homes is a community n r r.., y Partner,raising over directly`elated to funeral processions at this location will take •$,5onforthe American Diabetes Association over the �. a roxunatel A minutes per We anticipate no more ` c""v -'� yl?P�; r�Y P procession., P pasLfive years, ft thfral services to fast-responders than'100 funerals with processionals,taking place per year.It can killed in the lin6of?duty; providing over 1000 burials with 6e�antrupate.il,that additional traffic at this location due to funeral °' "(� „ . 1 military honors.to mdigynt veterans,and state-of--the art grief b,processcons is,expected to be approximatelp8'minutes per week. - management sertvtces to all who need them. x •^,r "PF.. 'MYTH There can be no4orse neighbontth�an a funeral home When Riverside Officer Ryan BdnAriiinlo wasdalled in the line of duty FACT This parcel of land is zoned(OP)llftice Professional, in 2007 SCI fu' rid homes was there toTiLcilitate the burial services. of the Edwanda Specific Plan,not residential and will j o :o } MYTH.Theneighbor food air quality wrll,be adversely impacted eventually be used fora business of some kind -., „ i; 1. t i +r,. FACT:An au quality analysis showed a Less than significant-impact 11 Permitted&Conditionally permitted`uses include funeral { min all air quality categories... N'• �o homes,convalescent homes,cigar stores&smoke shops, 1. K',; , home-improvem et'stores,arcades liquor`stores,convenience A study.by Michael Brandman Assoctatesshowed'ioevery category stores,drive-through restaurants,parking structures,'and storage —that�the fimera]home project wo il'd have.a"less thansignif cant 1. •-impact (in air quality. faciGtres.l ( Q'� � t \ For more ihfofination please contact Lou Desmond at 909 680 04111 �.r -i rF" J is '°•� c � ;•`;t . or email EtiwandaFuneralHome @gmail.com o, �v e1 . 1 fR .a r ^,Ya• 1 " WAV IO � t � f files'' We are Service Corporation hit ernational—tlie company families turn to for compassionate and professional funeral,cremation and cemetery services. Under the umbrella of the Dignity Meniorial"brand,we care for more than 300,000 families each year throughout North America. Out- professional caregivers are dedicated to supporting families struggling with loss. We believe every life has a story and we are privileged to bring those stories to life with grace, lionor and dignity. P706 CITY OF RANCHO CUCAMONGA TRAFFIC IMPACT ANALYSIS FOR DEVELOPMENT OF SCI FUNERAL HOME ( FILE #: DRC 2011-01094) AT SOUTH EAST CORNER OF ETIWANDA AVENUE AT CANDLEWOOD AVENUE CITY OF RANCHO CUCAMONGA OCT 15 2012 RECEIVED - PLANNING r ADENDUM #1 October 11, 2012 Q�OFESSIONq� Q4� NONU,y Fy C v N0.2088 z * TRAFF�G ��OF CNO ALBERT WILSON & ASSOCIATES 7866 HENBANE STREET RANCHO CUCAMONGA, CA. 91739 PHONE: 909-483-4876 FAX: 909-989-1576 ATTACHMENT M P707 ISSUE: There are three schools within 4500 feet of the location of the study intersection at Etiwanda Avenue and Candlewood Avenue. Perdew Elementary School located on Miller Avenue is approximately 1000 feet to the southeast of the project. Grapeland Elementary School is about 2500 feet to the north and Etiwanda Intermediate School is about 4000 feet to the north.The schools, as reported by local residents, may generate traffic beyond conventional am and pm peak period traffic between the hours of 2pm and 3:30pm to warrant traffic impact analysis. ACTION: A 24 hour traffic count was conducted at the intersection of Etiwanda Avenue and Candlewood Avenue. Appendix A in this report provides the traffic count report. Also a video record of traffic activities at the intersection is provided was conducted and provided as Appendix 2 in this report. ANALYSIS: Exhibit 4c provides summaries of approach volumes from previous peak period traffic counts conducted with the original traffic study, and the school peak period counts from the 24 hour approach counts. It is found that the school pm peak period volumes are sufficiently close to the other peak periods as to not require further analysis for level of impact at both the study intersection and the driveways. CONCLUSION: In conclusion,the occurrence of funeral activities during school peak hour period will not have an adverse impact on traffic circulation in the immediate vicinity of the project above the requirement of the City of Rancho Cucamonga Circulation Element of The General Plan standard. P708 EXHIBITS P709 .rv.Nxo.L nnENUEOwrescNOx N.>EUxo ELE xENrwr scNOu B ELNE"ENVE oun IN0. 1V ENV 3 NiuEN<vENxE 3 S aEW➢EW ELEM.SCIINL , u w Z W J a Z 576 1 -~ W �—CANDLEWOOD AVENUE Tr 421 w AM PEAK HR TRAFFIC 7:15-8:00 AM z p w z � a z 3 � r a 539 1 I I W Q Iy CANDLE WOOD AVENUE 3 335I` w 1 1 D EWOOD AVENUE 471 T r SCHOOL PEAK HR TRAFFIC 2:30-3:15 PM 548 PM PEAK HR TRAFFIC 5:00-5:45 PM EXHIBIT 4C: EXISTING APPROACH TRAFFIC VOLUMES AT PEAK PERIODS AT THE STUDY INTERSECTION. P710 24 HOUR TRAFFIC COUNT P711 Counts Unlimited, Inc Page 1 PO Box 1178 Corona, CA 92878 City of Rancho Cucamonga (951)268-6268 RNCETCANS N/S: Etiwanda Avenue Site Code: 123-12274 E/W: Candlewood Street Date Start: 12-Sep-12 24 Hour_Entering Volume Count _._.-_._ Date End: 12-Sep-12 Start - 121S2ep Northbound Hour Totals Southbound Hour Totals Combined Totals _Time,__-_,-Wed__. Morning__Afternoon__M_orning.. Aflernoo_n_-_Morning___Afternoon__-Morning._,. Afternoon Morning _ Afternoon 12:00 13 75 8 68 12:15 9 79 6 60 12:30 15 68 3 57 12:45 1 74 38 296 1 57 18 242 56 538 01:00 4 79 7 61 01:15 7 71 4 58 01:30 3 71 1 63 01:45 4 94 18 315 2 73 14 255 32 570 02:00 0 119 2 73 02:15 0 123 4 93 02:30 3 109 1 141 02:45 3 126 6 477 2 137 9 444 15 921 03:00 4 121 3 138 03:15 2 115 2 123 03:30 1 108 3 104 03:45 3 93 10 437 4 83 12 448 22 885 04:00 3 97 2 81 04:15 2 95 2 73 0430 5 90 6 74 04:45 8 119 18 401 19 85 29 313 47 714 05:00 8 135 16 67 05:15 12 117 18 83 05:30 11 107 20 78 05:45 16 131 47 490 23 95 77 323 124 813 06:00 16 106 27 60 06:15 35 126 34 89 06:30 57 97 46 78 06:45 37 78 145 407 54 84 161 311 306 718 0700 123 88 61 78 07:15 133 78 124 84 07:30 111 93 157 72 07:45 90 75 457 334 171 54 513 288 970 622 08:00 66 74 143 54 08:15 68 70 87 37 08:30 50 62 66 30 08:45 52 58 236 264 59 35 355 156 591 420 09:00 33 74 52 41 09:15 41 52 35 29 09:30 38 37 57 22 09:45 41 40 153 203 55 20 199 112 352 315 10:00 33 32 48 20 10:15 47 32 63 20 10:30 50 31 59 11 10:45 54 22 184 117 78 16 248 67 432 184 11:00 72 17 61 19 11:15 65 18 72 14 11:30 67 12 66 5 _ 11.4.5_-. __--_— 83 —_._._15____.._-_ 287__.__..-._62 ._. .. 75 --._.. .- _4 _ .._._274--_ . ..._.42._.... -561 . -_ _ 104 Total 1599 3803 1594 3803 1909 3001 1909 3001 3508 6804 Combined 5402 5402 4910 4910 10312 Total AM Peak 07:00 07:15 Vol. 457 595 P.H.F. 0.859 0.870 PM Peak 05:00 02:30 Vol. 490 539 P.H.F. 0.907 0.956 Percentag 29.6% 70.4% 38.9% 61.1% _e ADT/AAD ADT 10,312 AADT 10,312 T P712 Counts Unlimited, Inc Page 1 PO Box 1178 Corona, CA 92878 City of Rancho Cucamonga (951) 268-6268 RNCETCAEW N/S: Etiwanda Avenue Site Code: 123-12274 E/W: Candlewood Street Date Start: 12-Sep-12 24 Hour Entering Volume_Count___ .Date End: 12-Sep-12 12-Sep- Start 12 Westbound Hour Totals Hour Totals Combined Totals Time____._ Wed _ Morning__Afternoon_ Morning--Afternoon ._Morning—,Afternoon _ Morning__Atternoon. _Morning __Afternoon 12:00 0 1 0 0 12:15 0 3 0 0 12:30 1 1 0 0 12:45 0 1 1 6 0 0 0 0 1 6 01:00 1 5 0 0 01:15 1 4 0 0 01:30 0 7 0 0 01:45 0 1 2 17 0 0 0 0 2 17 02:00 0 2 0 0 0215 0 2 0 0 02:30 0 3 0 0 02:45 0 4 0 11 0 0 0 0 0 11 03:00 0 3 0 0 03:15 0 3 0 0 03:30 2 4 0 0 03:45 0 2 2 12 0 0 0 0 2 12 04:00 1 5 0 0 0415 0 4 0 0 04:30 0 3 0 0 04:45 1 3 - 2 - 15 0 0 0 0 2 15 05:00 0 4 0 0 05:15 6 5 0 0 05:30 4 5 0 0 05:45 2 8 12 22 0 0 0 0 12 22 06:00 1 3 0 0 06:15 1 3 0 0 06:30 2 5 0 0 06:45 3 10 7 21 0 0 0 0 7 21 07:00 9 2 0 0 07:15 3 3 0 0 07:30 0 0 0 0 07:45 5 1 17 6 0 0 0 0 17 6 08:00 3 2 0 0 08:15 2 4 0 0 08:30 2 0 0 0 08:45 3 0 10 6 0 0 0 0 10 6 09:00 2 2 0 0 09:15 2 4 0 0 09:30 2 1 0 0 09:45 6 0 12 7 0 0 0 0 12 7 10:00 4 0 0 0 10:15 3 1 0 0 10:30 5 0 0 0 10:45 1 1 13 2 0 0 0 0 13 2 11:00 1 1 0 0 11:15 3 0 0 0 11:30 2 0 0 0 .. .__11:45__ .._3_.__ -__1_ ... 9 _ 2 _._. 0 - -__ 0--.. ... . 0 9 2 Total 87 127 87 127 0 0 0 0 87 127 Combined 214 214 0 0 214 Total AM Peak 09:45 Vol. 18 P.H.F. 0.500 PM Peak 05:00 Vol. 22 P.H.F. 0.688 Percentag 40.7% 59.3% 0.0% 0.0% ADT/AAD T ADT 214 AADT 214 P713 TRAFFIC CIRCULATION VIDEO 11 P714 Ron & Laura Maez Rancho Cucamonga, CA 91739 October 30, 2012 Ira U.S. Mail& Ira Email: council ci o c.us PlanninRZ,CitvolRC.us City Council Planning Department Planning& Historic Preservation Commission City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 Re: Proposed Funeral Home on Etiwanda Avenue Dear Officials of the City of Rancho Cucamonga: PLEASE DO NOT APPROVE THE PROPOSED FUNERAL HOME PROJECT!! Up until now,we have been proud residents of Rancho Cucamonga because we feel that City Officials do all they can to maintain and beautify Rancho Cucamonga. We are feeling betrayed and disillusioned by the proposed funeral home on Edwanda. We feel you are ignoring your Mission Statement. I often boast of the great neighborhoods in Rancho Cucamonga where we can feel safe walking including the great walking/bike trail which we use. We sometimes walk to Victoria Gardens from our townhome on Shelby Place. We certainly would not feel safe walking to Victoria Gardens on Etiwanda knowing we would have to pass the funeral home that will bring more traffic and an influx of strangers into our residential neighborhood. I think that the intersection of Etiwanda and Miller/Church under the freeway is not safe as it gets more and more congested and drivers are more and more distracted. A concerned resident pointed out at the July 25 public hearing that drivers do drive on Etiwanda at accelerated speeds. I can't imagine how much worse the traffic will be in that area with the added danger of drivers/mourners in their emotional state of mind who are unfamiliar with the area. Yes, we probably do need a funeral home in Rancho Cucamonga but NOT in this residential area on historical Etiwanda Avenue. A proposed funeral business across the street from beautiful homes where families with young children live is NOT the ideal location. To say that this proposed funeral home will not affect property values is an insult and a blatant disregard of the homeowners' financial struggles to hang on to their homes and to stay in Rancho Cucamonga. Please,please do not approve this project. There are plenty of other open spaces in Rancho Cucamonga that would be more appropriate for a funeral home. Thank you. ;,incerely, Ron& Laura Maez ATTACHMENT N P715 From: Pedro Romero [ Sent: Wednesday, September 05, 2012 2:56 PM To: City Council Subject: Email for L. Dennis Michael; Sam Spagnolo; William J. Alexander; Chuck Buquet; Diane Williams Attachments: Romero's Letter To City Council.pdf; Exhibit A.pdf; Exhibit B.pdf, Exhibit C.pdf Attached is a letter and three exhibits that complement the letter in reference to the proposed Funeral Home (DRC20 1 1-01 094) that was appealed to our City Council. Please forward these documents to our Mayor and Council Members. Thank you. Pedro & Diana Romero August 30, 2012 TO: City of Rancho Cucamonga Council Members SUBJECT: PROPOSED FUNERAL HOME (FILE# DRC2011-01094) Dear Sir/Madam; Our name is Pedro & Diana Romero, we live in the immediate surroundings of the proposed site for a funeral home (Conditional Permit#DRC2011-0194) denied by our Planning Commission and appealed to the City Council. We decided to write you this letter in an effort to seek your support to defeat the issuance of this conditional permit. There are multiple reasons to make us oppose this development in our neighborhood and we hope that our City representatives are willing to listen and work with us, their constituents. First of all, we would like to begin by expressing our disappointment to the fact that the City of Rancho Cucamonga is considering granting a conditional permit to build a "Funeral Home' in a predominantly residential area. Please support the community goals concerning the physical development of our area and encourage proactive, not retroactive long-term planning. Our community does not need nuisance developments that will cause a substantial and continuous interference in the daily lives of residents. After investing very large amounts of money into affording our neighborhood, we would be very disappointed to have a "Funeral Home"further depreciate the values (Exhibit"A") of our properties. Be aware of our situation in regards to property values, traffic, parking, noise, loitering, and the psychological distress which this development will generate. Do not support a short term solution of attracting tax dollars that will not compensate for the destruction of the peace and values of our community. The traffic to be generated on major and local streets will be significant. During a funeral procession the ingress/egress to our neighborhood will be impacted. The left turn lane on Church Ave/Miller Ave (East) onto the single lane of Etiwanda Ave (North) will be severely impacted because a turning pocket does not exist and Etiwanda Ave bottle necks at this location (Exhibit "B"). Although the proposed project involves the street widening of Etiwanda Ave in front of their lot (Parcel# 1100-031-07-0000), the widening of Etiwanda Avenue could not be fully accomplished in front of the two residences (South) adjacent to the proposed site. Hence, the traffic flow around this area will remain severely impacted. In addition, we ask you to consider the background of Service Corporation International (SCI), the company pursuing the conditional permit. Please take time to see an investigative report done by Anderson Cooper of 60 Minutes (CBS show) that was aired on May 20`", 2012, or the multiple articles found on the internet in regards to SCI's business practices and the law suits in different states such as California, Illinois, Texas, Florida, Maryland, and Virginia, amongst others (Exhibit "C"). Including the Eden Memorial Park in Mission Hills California where the trial is set to begin on October of 2012. Why would we accept business from a corporation with such an obscure past into our well planned City? Finally, we would like to reiterate that we are part of the community that you represent and are counting on you to make a decision in favor of the general consensus not the special interests of corporations. With all due respect, we would not want to experience another special interest case as it has occurred with some of our inland empire representatives as Rex Gutierrez, Paul Biane, John Pomierski, amongst others. We expect your support to defeat the issuance of this conditional permit; please make us gain trust in our representatives by supporting our community. Sincerely; Pedro & Diana Romero Nei.-hhorhood effects on property values I Real Estate Articles I Coldwell Banker P717 Neighborhood effects on property values saa pr.n: sham 09-27-2011 Tags: Real Estate, Home Sales, Selling a home, neighborhoods, real estate agent, Coldwell Banker I � Neighborhood effects on property values September 2T 2011 When looking to buy a home, people may not be aware of the effect certain factors can have on home value.As much care as a homeowner can put into ensuring a property stays in good shape and maintaining a house,the neighborhood is also a factor. According to the Appraisal.Institute,a poorly kept yard or proximity to commercialdacilities such as a funeral home or power plant can lower nearby home value by as much as 15 percent. Home buyers should be aware of this when looking for a home or negotiating a purchase,and may wish to consider resale as well, particularly if they do not intend to stay long. What makes a neighborhood bad One real estate agent told MainStreet.com a neighbor may negatively affect nearby home prices if he allows his home's outer appearance become unpleasant, allows ! plants to become overgrown or leaves paint peeling or partially-done on the exterior. Neighbors who have constant visitors and parked cars,make noise, have disruptive pets or otherwise make living nearby unpleasant can also have a negative effect on home value,even if some of these factors are harder to judge for prospective home buyers visiting a property. Investopedia notes vacant homes can also lower nearby values,since they tend to fall into disrepair without residents caring for them. Even if a vacant home does not cause more serious problems, it remains unpleasant to look at if not cleaned or maintained. Many of these problems can be spotted simply by driving through or walking around a neighborhood, Bankrate.com suggests.While it is common for a neighborhood to have some homes which are less attractive than others, or a few residents who are slightly behind on lawn care,the overall pattern can warn potential buyers. Finding a good neighborhood Home buyers can look for a number of factors in order to help spot good neighborhoods which will not drop their property values:Aside from nearby power plants,landfills and other unattractive facilities, closed schools are a major factor,MainStreefcom reports. Bankrate.com suggests home buyers look for neighborhoods with access to employment,one of the major factors in home values.University towns, research facilities,government seats and locations home to creative industries tend to do well long-term.Other factors which tend to correlate with value are proximity to good schools and nearby parks. Factors like these may be signs of good neighborhoods or reasons the area is desirable, so home buyers who do their research and learn what to look for can rind a home that will stay valuable after they buy it and understand what they're paying for. EXH1131T "A" http:/hvww.coldwelibaiiker.com/real estate/learn/neighborhood effects_on property_values 03/06/2012 ........... Ml J Rai,Liri;'R.- Lio, Lit j L uA 41 Won, 1--Lz "j` „eirtr at Ix Y, "Tr OF cyan„ , R \ b ( t 1 /o t 1 1 L I —ca f` y+t s 10 �-OW4 1_4 ass kri, r y a �• n�u d' r�i4 i le," aY �� °r'r i r�a�'`x a"r", 'na r.. �',��i' ' R "6 �'e,`,}�n,m,4s•Mi''S '4Yerc R° ,� CiE."4, �^nr-,s •N�iTit a`� 4n'�vw'�'�'-'h� CIA aFiy V1 rer ww kcS3fL off)+ �_ A .�,-M'h J•'.cr1� .. 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'" ,.r r �b✓`�A� � c�` t �5"�1 ��` a y�� "�SJ :Yfr '��`.`,t„+`i,'t'�ga ib '} '�>� �T V P722 '60 Minutes' Investigates Eden Cemetery Allegations Posted by Julie Gruenbaum Fax Follow JewisfiJOUrnal.com F_-pzN N4C-1%10RI L R-XRK Eden Memorial Park in Mission Hills is owned by Service Corporation International, the subject of a "60 Minutes" report. In September 2009 The Jewish Journal began following a class action law suit against Service Corporation International, owner of Eden Memorial Park in Mission Hills. The suit alleges that SCI broke burial vaults and mishandled human remains as it tried to cram graves together, an allegation SCI denies. The Eden trial is set to begin in October 2012. In a"60 Minutes" segment that aired May 20, Anderson Cooper took a broader look at problems raised about SCI at some of the 1,800 funeral homes and cemeteries it owns. Cooper looked into cases where SCI double sold plots, then exhumed existing graves when the new body arrived. While funeral homes are federally regulated, cemeteries are regulated on a state level, leading to often patchy oversight, according to Cooper's report. Joshua Slocum, executive director of the Funeral Consumers Alliance, told Cooper that SCI "generates a disproportionately large number of the complaints we get from consumers." He also said the complaints are all similar— high pressure sales tactics, misleading or dishonest information and double-sold plots. Cooper's report looked at Eden as well. About 37,000 people are buried at Eden, a 72-acre facility at Sepulveda Boulevard and Rinaldi Street, which has been in operation for more than 55 years. SCI purchased Eden in 1985. Groundskeepers deposed in the law suit, filed by Michael Avenatti of Eagan Avenatti, LLP, in Newport Beach, testified that some 200 bodies were disturbed or moved. But SCI says its investigation found problems with four graves, and the situations were handled directly with the families. EXHIBIT "C" P723 SCI, which did not comment on camera for"60 Minutes," told the Jewish Journal in January 2012 that it follows protocol and properly handles human remains. "We have different versions of what happened than the plaintiffs do," SCI spokesperson Lisa Marshall said. "We are continuing to prepare for our day in court." MINUTES Cemeteries draw complaints May 17, 2012 4:49 PM t� .nri +pMx�taW�It II ' (CBS News) Problems at America's cemeteries, including exhuming bodies so plots can be resold, are raising questions about whether this part of the multibillion dollar"death-care" business needs more monitoring. 60 Minutes examines this largely unexamined industry, which in many cases is controlled by large corporations, and which consumer advocates believe may be taking advantage of people at a particularly vulnerable time in their lives. Anderson Cooper reports this story for a special edition of 60 Minutes Sunday, May 20 at 8:00 p.m. ET/PT. In one of the most egregious cases, workers at Burr Oak Cemetery near Chicago had been removing headstones and coffins and dumping bodies in mass graves so plots could be resold. Says Sheriff Tom Dart, "This was all about greed and overarching that is the fact that these areas are so horribly unregulated, it allows for that to happen," he says. "There was no record of anything...how many people are supposed to be buried here...and truly, in any cemetery do you know...who is under there?" asks Dart. "It's sort of the Wild West," says Josh Slocum, executive director of Funeral Consumers Alliance, a non-profit watchdog group. Slocum believes more monitoring of cemeteries is necessary. He says that since 1984 the Federal Trade commission has required funeral homes to provide bereaved consumers with clear price lists and other disclosures. "You can think of that as a consumer bill of rights at the funeral home," Slocum says. "But those rights stop at the cemeteries." A number of the cemeteries featured in Cooper's report belong to Service Corporation International, or SCI, the largest provider of funeral and cemetery services in North America. At SCI's Eden Memorial Park Cemetery near Los Angeles, where plots average $8,000, groundskeepers have said they were ordered to cram new graves so close to old ones that existing burial containers were broken and bones were thrown out in the cemetery dump. EXHIBIT °C" P724 60 Minutes also obtained recent video of engraved stones lying submerged in a pond at the edge of SCI's Star of David Memorial Park in North Lauderdale, Florida. The underwater video also reveals what appear to be parts of concrete burial containers that are used to line graves. SCI declined to give 60 Minutes an interview. Off-camera, company executives said the company acquired Star of David cemetery in 2006 and does not believe any human remains were dumped in the pond. At Eden Memorial, the company says it was only able to identify a handful of potential problems mentioned by its groundskeepers. It says extensive claims of wrongdoing are not justified. Cooper also speaks to a woman who says she had to pay twice as much as the cemetery salesman led her to believe she would have to pay for a plot at Mt. Olive cemetery in Chicago. To use the plot six years after she prepaid $2,500 for it, she says she was told she would have to pay another$2,550 to actually dig the grave and then bury the deceased. Paul Elvig, a former cemetery operator, regulator, and leading spokesman for the industry, tells Anderson Cooper, "I think any scenario you want to say probably has happened. I don't think it happens on broad scale, I really don't." Elvig doesn't agree with Slocum that there is lack of oversight in the cemetery industry; he says the problems and occasional scandals that arise need to be put in perspective to volume of burials being performed every day. "When you talk about 6,500 burials and cremations a day in over 45,000 possibly active cemeteries...it is very uncommon." But consumer advocate Josh Slocum tells Cooper. "I have no problem conceding that most cemeteries aren't digging up bodies, but...there are everyday, ongoing abuses that happen to funeral and cemetery consumers that are not headline-grabbing, and that desperately need attention." eI t All the latest news from the District, Maryland and Virginia Funeral Home Firm Service Corporation International Faces Lawsuits, Complaints PHOTOS Jordan Hale's remains originally were in a grave so shallov�tha*t,a r.neral company official wrole,"an animal had been spotted by the gravesite."(By Michael Williamson--The Washington Post) Buy Photo By Josh White EXHIBIT "C" P725 Washington Post Staff Writer Sunday,April 26, 2009 A hole began to appear in the fresh dirt over Jordan Hale's tiny grave at Mount Comfort Cemetery weeks after her burial, prompting cemetery workers to cover the site with a granite slab. Mourning the loss of her stillborn daughter in July 2007 and wondering what was happening, Nsombi Hale was informed that a grave marker she had chosen would not fit and that her baby would have to be reburied. But Hale later learned from a cemetery employee that that wasn't the real problem. Instead, Jordan's small white coffin -- called a cherub --had been placed in a shallow grave and covered by just eight inches of soil. When Hale went to witness the disinterment, workers pulled it out in a matter of five minutes, she said. "It never crossed my mind that something questionable was going on," Nsombi Hale said, tears slowly rolling down her face. "But it was clear that the grave wasn't deep enough. They mishandled the remains of my baby, and she deserved more than that." The Alexandria cemetery is one of 12 in Virginia owned by Service Corporation International, a Houston-based funeral services conglomerate that is facing allegations of mishandling as many as 200 bodies over the past year at a central preparation facility in Falls Church. SCI owns more than 1,700 funeral homes and cemeteries across the country,.making it the largest company of its kind. State regulators are investigating. A customer, contractors and several current and former employees told The Washington Post in an article this month that conditions at SCI's central facility at National Funeral Home were disrespectful and unsanitary. They said that bodies of retired military officers destined for Arlington National Cemetery were stored on a rack in the garage for weeks or months and that bodies that had not been embalmed were left in unrefrigerated areas of the facility, where they decomposed and leaked fluids. Family members of retired Army Col.Andrew Degraff have since filed lawsuits in Fairfax County against SCI. Hale also filed a lawsuit against the company last week in Fairfax, her attorney saying that she had been traumatized by watching her daughter's grave opened. "Throughout the disinterment and reinterment, the disturbing odor from the cherub permeated the air at the site, sickening [Hale], who forced herself to remain until her daughter had a proper burial," said the lawsuit, filed by attorney Jack Burgess. Virginia law and the Virginia Department of Professional and Occupational Regulation do not specify how deep graves should be, but cemetery officials in Northern Virginia said coffins are generally buried with at least 18 inches of soil above them. SCI Virginia Funeral Services, a division of SCI, said in a statement that it discovered the problem with Jordan's grave and "proactively self-reported the issue to the family and made every effort to resolve it." "Although Virginia law does not require a minimum depth of interment, once we determined that the interment did not have 18 inches of depth from the top of the casket to the top of ground level, we alerted Ms. Hale to request her permission to disinter and re-inter Jordan P. Hale,"the company said in a statement, also expressing sympathy for Hale's loss. "As part of our commitment to transparency, if we make a mistake, we are committed to doing the right thing." Hale said she now suffers from post-traumatic stress disorder and has nightmares and trouble trusting people. EXHIBIT "C" P726 "I needed to be there for Jordan," Hale said, adding that the beautiful ceremony weeks earlier, with balloons and goodbyes, was dignified and special, in contrast to the shovels and backhoe that accompanied the reinterment. "I wanted to stay to make sure it was done properly." In a letter to Burgess on Feb. 14, SCI Market Director Christopher Downey apologized to Hale but said, "Mt. Comfort performed its services as requested,"and noted that the cemetery provided Hale with a refund check of$2,488.75. She has not cashed it. Downey, who has management and oversight responsibilities for SCI's 13 locations in the Was area, wrote that the initial burial was "too shallow" and that a four-inch-thick granite slab was placed over the grave after"an animal had been spotted by the gravesite." Downey also wrote that cemetery employees strongly advised Hale not to view the disinterment but"despite our warning and insistence, she demanded to be present." He offered to donate $500 to charity in Jordan's name as recompense, according to the letter. Whistleblowers who have brought the allegations about mishandling of bodies at SCI's central preparation facility have said that Downey is at the heart of problems there. Steven Napper, a former Maryland state trooper who worked as an SCI embalmer, said he went to Downey in January to raise concerns about the inappropriate storage of bodies in the garage and unsanitary conditions. Napper said Downey, whose office is at National Funeral Home, brushed him off and appeared to ignore the complaints. Napper later reported his concerns to a Virginia regulatory board and resigned in February. After the Post article appeared, SCI launched an internal investigation. "I went to Chris Downey personally in January to explain that there was not enough storage capacity at central and to discuss my concerns about the handling of the deceased," Napper said. "He knew all about it, but he did not respond." Requests to speak with Downey were referred to an SCI spokeswoman. "All of us want to know the facts behind what happened, and we're diligently conducting an investigation," said Lisa Marshall, the spokeswoman. "If we find wrongdoing, we will promptly take the necessary corrective action required." Family members of two military officers whose bodies were stored on unrefrigerated garage racks said Downey contacted them just before the first Post story ran and said that the allegations were false and were coming from a disgruntled former employee. Richard Morgan Jr., whose father, Maj. Richard Morgan, was left in his light oak coffin on the racks before his burial at Arlington in February, said Downey backed down when Morgan said he had seen photographs of the conditions in the garage. "I got a little irate, and I said, 'I've seen the pictures, and you can't dispute the pictures. These aren't just allegations,'" Morgan said. He added that Downey offered him a refund and that he recently received a check for$14,111, though he said he does not plan to cash it as he pursues legal options. Hale, who has a 9-month-old daughter named Zoe, said she is suing SCI because she wants things to change at Mount Comfort Cemetery. Burgess, her attorney, said the company already appears to have acknowledged that the burial did not go as it should have. "It was done out of laziness, it appears, and out of a desire not to dig a deep hole," he said. "I don't think it was done maliciously, but it was done fairly recklessly. Nsombi wants to make sure it doesn't happen to someone else. With big corporations, sometimes the only way to get their attention is to get into their pocketbook." EXHIBIT °C" P727 From: Jesse Ortiz To: City Council Subject: WE NEED HELP!!! To whom it may concern, my name is Julio Aguero i live on 7523 bungalow way in the city of Rancho CUCanIOn Ia. recently there has been many concerns about a company planning to build a funeral home in the center of my neighborhood. I have many concerns and fears of the impact this will have on me and my family. In my home we foster children in need many who have come from abuse or death of family. Having a funeral home in our neighborhood would be a constant reminder to the children about where they came from witch is not the goal of my family. We open our home to provide a safe neighborhood and show the children that they can have and live a normal life. All of the childrens rooms have windows that face towards the spot where the funeral home is planned to be built, what type of impact would this have on your children? Aside from that the street is way to small to allow a facility that will constantly have a flow of traffic this will cause cars to be parked in front of our homes. not to mention there's a school located on the same street that already causes a lot of traffic. Children walking to and from the elementary school will have to walk by this facility everyday. My children enjoy riding bikes and playing around the neighborhood with other children in the area. I would not feel safe allowing my children to play outside around this type of facility. We are begging that the city to please not allow this to happen to our neighborhood, not to force us out of our neighborhood that we have come to love; not to allow our property values to drop, not to force us to stop our everyday lives, not to force us to keep our children in the house all day, not to force us to move, not to force the neighborhood to be in a constant reminder of the thing we all try to avoid DEATH. We know death is something we cant avoid but, we don't want a constant reminder of it. So please take the concerns of the neighborhood into consideration when making a final decision on placing this facility in our neighborhood. sincerely, Julio Aguero P728 August 26, 2012 Dear Mayor Michael and City Council Members, We write to add our voices to the growing number of opposition to the SCI proposed funeral home project in front of our home (close to Etiwanda and Church Avenue). It is a very bad proposal, which will have an adverse affect on the sound decisions your council has being making for our great city of Rancho Cucamonga. We commend you for the wonderful decisions the city council has made so far on behalf of the citizens of our beloved city. Your track record has shown that you want Rancho to continue to evolve as a family and community-oriented city, which places the needs of her citizens above every other thing. As parents of young children, we are appreciative of all the sports activities and many other programs offered by the city of Rancho to keep our children busy and engaged all season long. The children have the opportunities to play soccer, basketball, baseball, football and other sports at heavily discounted prices. This and many other provisions you have made for the citizens speak to your visionary leadership. On the basis of what your council has accomplished so far, it will be a serious dent on your record to antagonize a section of the Rancho residents for inserting a funeral home in the heart of our residential homes. The SCI request, if granted,will fly in the face of the sound decisions you have made so far to ensure that Rancho remains a welcoming city to her citizens. Fortunately, the City Planning Commission, a commission vested with the responsibility to evaluate planning proposals has done the heavy lifting for you. The commissioners diligently listened to both sides (the representatives of the SCI funeral home and the local residents in the affected area) during a protracted meeting on July 25th and decided that that a funeral home is not a good fit for the community. That was a well-reasoned, bias-free decision, and it was a very prudent one. We urge you to respect and endorse the decision of the Planning Commissioners on this issue. They were elected by the people to make planning decisions. They listened with keen interest, observed the situation thoroughly and made the right decision for the city. Please, allow that decision to stand. While voting against the SCI proposal, one of the commissioners made a compelling, pragmatic observation, which should serve as a useful guideline for future development decisions in the city. He said that even though the proposed site for SCI project is designated for commercial development, the city must look into changing the obsolete zoning laws in light of the current activities in some areas. Specifically, he pointed out that the fact that the proposed site for the funeral home is surrounded by a very large number of residential homes must trigger the question of whether or not the site is still a good fit for certain commercial P729 developments. In other words, the needs of the residents and the impact on their families and real estate values must be considered before bringing in a new commercial development, which is not compatible with residential values. He pointed out that the zoning laws should be adaptable to the needs of the current inhabitants of any specific area, and not the other way round. The issue here is not what the antiquated zoning laws say, but the suitability of a funeral home in the middle of a residential neighborhood fully occupied by young families who are raising children. The city cannot and should not sheepishly implement the zoning laws with little or no disregard to the potential impacts on the immediate residents. In addition to other questions, the council must consider the health and welfare of the current residents of the area. The planning commissioners clearly pointed out that a funeral home in our neighborhood would adversely alter the lives of the residents, as we know it: It will lead to a serious traffic congestion, serious parking problems as our side walks and driveways would become the parking lot for the funeral home guests, unwanted guests in our neighborhood, including gang members who will attend the funerals of their members and in the process, stage a revenge and/or recruit new members. Above all, our declining property values (due to the current housing crisis in the nation) will take additional hit. This will eventually result in a mass exodus, as people will be forced to walk away from their homes. Contrary to the SCI claim that their million-dollar construction of a funeral home will help our real estate value, a funeral home is the last thing any potential homebuyer wants to live next to. No one wants to be reminded of death every single day of his or her life. In voting against the SCI proposal, another commissioner asked, "Why would a business want to open up in a neighborhood where it is not welcomed?" It was a bad business decision, she observed. Allowing SCI to build a funeral home in our neighborhood will further drain the city resources as neighbors will call the police constantly to deal with the potential disputes with SCI. While we don't have the money to fight SCI, we have the votes to choose the leaders of our city. The kids were not left out in the campaign. One 11-year old boy stayed up beyond his bedtime on July 25th to add his little voice to the rejection of the funeral home. He told the commissioners that he is scared of death and that the presence of a funeral home right in front of his home will become a constant reminder of death. No mayor or city council likes to fish in troubled water. For the interest of peace, we urge you to be courageous enough to stop this potential disaster by saying a resounding No to SCI. We are confident that you can make such a fitting decision for the well being of our beloved city to continue to earn the trust and support of the voters in our neighborhood. Remember,you are elected to represent our views, morals and values, and we are hopeful that you will be sensitive to our needs. P730 We will continue to count on your support in voting No to SCI funeral home. Thank you in advance for your cooperation and urgent attention to this matter. Respectfully, Chris and Chimezie Ikeanyi Residents P731 From: 3:19 PM To: City Council; rutherfordjanice @gmail.com; SupervisorRutherford @sbcounty.gov; neil.nisperos @in landnewspapers:com Cc: fjou @ottocap.com Subject: Funeral Home Dear Honorable Mayor Michael, After so many efforts and so much time to fight with SCI Funeral Home project built on your neighbors, we are really really disappointed that they still re-appeal after got denial by commissioners and 99.9% residents in our community. They are not fit our community and we have so many reasons that they are not welcomed business to be in our community. Never did we imagine, when we so happily moved into our home in a beautiful environment with wonderful hardworking, law-abiding neighbors, that we would have to go through a long drawn-out emotional drain and grief because a Texas-based funeral home company insists on building a funeral home right in our midst, nowhere else will do, destroying our quality of life in the process. There has been 2 meetings with huge turnouts of concerned residents making emotional, impassioned speeches leaving no doubt to our opposition to this project. We object to the traffic congestion (SCI can downplay this all they want--and the rest of our objections--but the fact that Etiwanda Ave narrows down to one lane near the proposed site speaks for itself), the adverse psychological and economic impact a mortuary will cause. The Planning Commission formally voted against it. NO MATTER. SCI chooses to disregard the wishes of a community. Ask SCI people if they want a mortuary next to THEIR HOMES. Everyday we see a beautiful historic home sit and rot, vandalized, while a property owner waits this out, when it should be our neighborhood's pride and joy. Our community does not deserve to be treated this way. It's not that SCI cannot build a funeral home, just not in the midst of residential homes. We have children, schools here. SCI was given 27 possible sites to consider, AWAY FROM RESIDENCES, but SCI is hell-bent on building on this very spot, nowhere else, completely disregarding the voice of a whole community. What does this say of this company—unconcerned, unscrupulous. Check out 60 minutes' recent exposure of SCI's dishonest, immoral practices, and the on-going lawsuits against it. Do we want a company like this here? You are our support to defend our interest for us!!! The voters have spoken loud and clear. We ask that you, our chosen leaders, officially terminate this project—without any postponement and before the November elections—putting an end to our emotional and mental stress once and for all. We still have faith that we live in a land where big money cannot run roughshod over the little people because their voices still count. Thank you for hearing us, Best regards, Frank Jou & Family P732 Rancho Cucamonga, CA 91739 Page 1 of 2 From: Russell, Joe (Boca]) [Joe.Russell @VerizonWireless.com] P733 Sent: Friday, August 24, 2012 12:36 PM To: City Council; rutherfordjanice @gmail.com; SupervisorRutherford @sbcounty.gov; neil.nisperos@inlandnewspapers.com Subject: SCI Funeral Home Admirable Mayor Michael, I would like to reiterate the sentiment voiced by the overwhelming majority of my neighbors to once-and-for-all put an end to this proposed SCI Funeral Home project. SCI's drive for profit refuses them to take "no" for answer and the fact that this project constitutes a private nuisance (interference with a person's right to enjoyment, reasonable comfort and convenience to his or her property) is irrelevant to them. In step with their refusal to honor the community's wishes is their unscrupulous business practices that aren't a part of our community's values. • May 20th 2012 60 Minutes aired a segment covering SCI's desecration of human remains • July 1 gth 2012 SCI In Houston Texas buries wrong baby • March 2nd 2003 Florida adds to list of SCI lawsuits / More improper burials • September 10th 2010 $200 million class action lawsuit by Eden Memorial Park Management Co., Eden Memorial Park Association for the desecration of human remains file://Z:\CMO\SCI emails\SCI Funeral Homel.htm 10/25/2012 Page 2 of 2 P734 Empirical data to substantiate the residents belief that a funeral home will lower our property value is a September 27th 2011 Coldwell Banker report (which is a major mortgage leader). The report states "According to the Appraisal Institute, a poorly kept yard or proximity to commercial facilities such as a funeral home or power plant can lower nearby home value by as much as 15 percent. Home buyers should be aware of this when looking for a home or negotiating a purchase, and may wish to consider resale as well, particularly if they do not intend to stay long." Mayor Michael, I plead that you understand the gravity of this situation deny this project. Best regards, -Xig"t-x- Another concerned resident and voter REF: http://legal-dictionary.thefreedictionary.com/Private+Nuisance http://www.youtube.com/watch?v=fCPR5UUVRik http://www.edenclaims.com/about.. h p htt ://www.youtube.com/watch?v=lnbldsKi9TE bttp://www.chron.com/CDA/archives/archiv e.mol/2002_3522996/florid a-adds-to-list-of-sci-lawsuits-more- improper.html http://www.coldwelibanker.com/real estate/learn/neighborhood effects on o o erty values CC: San Bernardino County Supervisor Rutherford Daily Bulleting News, Neil Nisperos Concerned Citizens and Voters fle:HZ:ACMO\SCI emails\SCI Funeral Homel.htm 10/25/2012 Page 1 of 2 From: Kathyk227 [ P735 Sent: Friday, August 24, 2012 8:18 AM To: City Council Cc: rutherfordjanice @gmail.com Subject: Fw: Funeral Home Sirs, we are somehow unable to email this directly to you and so are forwarding it. --- On Thu, 8/23/12, Kathyk227 <kathyk227@yahoo.com> wrote: From: Kathyk227 <kathyk227 @yahoo.com> Subject: Funeral Home date: Thursday, August 23, 2012, 9:31 PM Honorable Mayor Michael, Councilmen, Never did we imagine, when we so happily moved into our home in a beautiful environment with wonderful hardworking, law-abiding neighbors, that we would have to go through a long drawn-out emotional drain and grief because a Texas-based funeral home company insists on building a funeral home right in our midst, nowhere else will do, destroying our quality of life in the process. There has been 2 meetings with huge turnouts of concerned residents making emotional, impassioned speeches leaving no doubt to our opposition to this project. We object to the traffic congestion (SCI can downplay this all they want--and the rest of our objections--but the fact that Etiwanda Ave narrows down to one lane near the proposed site speaks for itself), the adverse psychological and economic impact a mortuary will cause. The Planning Commission formally voted against it. NO MATTER. SCI chooses to disregard the wishes of a community. Ask SCI people if they want a mortuary next to THEIR HOMES. Everyday we see a beautiful historic home sit and rot, vandalized, while a property owner waits this out, when it should be our neighborhood's pride and joy. Our community does not deserve to be treated this way. It's not that SCI cannot build a funeral home,just not in the midst of residential homes. We have children, schools here. SCI was given 27 possible sites to consider, AWAY FROM RESIDENCES, but SCI is hell-bent on building on this very spot, nowhere else, completely disregarding the voice of a whole community. What does this say of this company—unconcerned, unscrupulous. Check out 60 minutes' recent exposure of SCI's dishonest, immoral practices, and the on-going lawsuits against it. Do we want a company like this here? file://Z:\CMO\SCI emails\Fw Funeral Homel.htm 10/25/2012 Page 2 of 2 The voters have spoken loud and clear. We ask that you, our chosen leaders, officially P736 terminate this project—without any postponement and before the November elections— putting an end to our emotional and mental stress once and for all. We still have faith that we live in a land where big money cannot run roughshod over the little people because their voices still count. Thank you for hearing us, Albert and Kathy Miau and fellow residents and voters. file://Z:\CMO\SCI emails\Fw Funeral Homel.htm 10/25/2012 Page 1 of 2 From: Laura Los [ P737 Sent: Wednesday, August 22, 2012 3:43 PM To: City Council Subject: Fw: Funeral Home Follow Up Flag: Follow up Flag Status: Completed Mayor Michaels, and Council Members, I was cc'd on the email from Jose Torres to the City Council regarding the proposed, denied and appealed SCI Funeral Home. I completely agree with the comments in Jose's letter. I also ask that the Council deny the appeal. The site is in the middle of a family-oriented neighborhood, and Etiwanda Avenue is a beautiful gateway to Victoria Gardens. It is not a prime location for a funeral home. I appreciate your time and consideration of our request. Laura Losquadro w da Avenue resident From. Jose F Torres ( Sent: Tuesday, August 21, 2012 4:56 PM To: council cityofrc.us; rutherfordienice mail.com; SupervisorRutherford(a)sbcountyyov; neilnisperos @in land newspapers.corn Subject: Funeral Home Importance: High Honorable Mayor Michael, I would like to extend an invitation to join a significant group of concerned voters to defeat the proposed funeral home by SCI. The Planning Commission voted against this project at the request of hundreds of concerned citizens and voters last month; however, SCI has appealed the vote of the people. We ask you to officially terminate this project since it will disrupt the physical, social and economic stability of our community. This as you know goes against Title 17 of the Development Code Section 17.02.010 of Rancho Cucamonga. This project not only violates Tile 17 of the Development code but also brings a company that doesn't have the values that Rancho Cucamonga residents have. SCI has stated numerous times that they want to be a "partner" in our community. I ask you, what kind of partner is this that doesn't take "no" for an answer? Is this the type of relationship the City of Rancho Cucamonga and the community will have with them? As long as they get file://Z:ACMO\SCI emails\Fw Funeral Home.htm 10/25/2012 Page 2 of 2 what they want, they will continue to be a "partner" in our community; otherwise, they will look for other P738 avenues to get what they want. I urge you to take a look at some of the bad publicity and business practices SCI will bring to our community by viewing our site here www.facebook.com/protectrancho. I understand that this land is zoned for that purpose but I urge you to take a drive on Etiwanda Avenue. This funeral home will be surrounded by homes, not businesses, not the freeway; there are homes across the street from the west and the north side. SCI states that the values of the homes will not go down and your staff could not assured us or predict that the values of the homes will not decrease. Let me ask you this, who in the right mind will buy a home across from a funeral home? Would you? Would you take your kids to a home that sits right across from a funeral home? How would your kids feel knowing that there is a dead person right across from them? How would you comfort them? SCI also states that they are going to bring revenues to our community. Would they bring more than $100 thousand a year? I don't think so. Let me give you some numbers. Let's assume that the property values go down 20%. Homes around this area are selling for around $450,000 less the 20% is a property loss of$90,000. You get $90,000 and multiply by let's say 100 homes; that's $9 million loss on property values. Now let's multiply this loss of$9 million by the approximate tax rate of 1.12%. The loss in property taxes is $100,800 per year. This is also doesn't take in consideration the quality of the community and the very unhappy voters. Having stated that our home values. will go down, how many foreclosures you think will happen because people will simply not pay their mortgage anymore? What do you think that is going to do to the "quality" of the neighborhood? Grapeland elementary recently was named a "California Distinguished School". If the property values go down, what type of community do you think this will become? Do you think Grapeland will have 100% parent participation as they have in the past few years? Honorable Mayor Michael, this is beyond a structure that fits and meets the requirements of the city. This is disrupting people's life and future. This is not about a building that could look pretty, it is about the type of community we have and we want to have. Again, I urge you to take a drive on Etiwanda Avenue and see the possible negative effects on this wonderful community. I urge you to talk to the residents around there. How can a project get build against the peoples' wishes? Finally, I urge you to talk to the children around there and see how wonderful these kids are. How can we take their childhood away by having them worried about dead people? Thank you for your time, Jose F. Torres Concerned citizen and voter CC: San Bernardino County Supervisor Rutherford Daily Bulleting News, Neil Nisperos Concerned Citizens and Voters file://Z:\CMO\SCI emails\Fw Funeral Home.htm 10/25/2012 Page 1 of 1 From: Maya, Sylvester [ P739 Sent: Tuesday, August 21, 2012 12:57 PM To: City Council Subject: SCI Funeral Home Follow Up Flag: Follow up Flag Status: Completed My name is Sylvester Maya and I live on 12790 Golden Leaf Drive, RC 91739, which is only two blocks from the proposed SCI funeral home. I would like the council to reject the permit to build the funeral home on Etiwanda. I believe that a funeral home next to homes will decrease property values and would bring traffic congestion on a narrow section of Etiwanda. Sylvester Maya file://Z:ACMO\SCI emails\SCI Funeral Home.htm 10/25/2012 P740 From: Sent: Tuesday, August 21, 2012 5:18 PM To: City Council Subject: No funeral home near our home Follow Up Flag: Follow up Flag Status: Completed Dear sirs, We and our children have been under EMOTIONAL and MENTAL stress from when the SCI signs went up late last year and it is time for you to FINALIZE this and bring the residents who voted you into those chair some PEACE. Thanks Sent from my Wad Page 1 of 2 From: Jose F. Torres [ P741 Sent: Tuesday, August 21, 2012 4:56 PM To: City Council; rutherfordjanice @gmail.com; SupervisorRutherford @sbcounty.gov; neil.nisperos @inlandnewspapers.com Importance: High Honorable Mayor Michael, I would like to extend an invitation to join a significant group of concerned voters to defeat the proposed funeral home by SCI. The Planning Commission voted against this project at the request of hundreds of concerned citizens and voters last month; however, SCI has appealed the vote of the people. We ask you to officially terminate this project since it will disrupt the physical, social and economic stability of our community. This as you know goes against Title 17 of the Development Code Section 17.02.010 of Rancho Cucamonga. This project not only violates Tile 17 of the Development code but also brings a company that doesn't have the values that Rancho Cucamonga residents have. SCI has stated numerous times that they want to be a "partner" in our community. I ask you, what kind of partner is this that doesn't take "no" for an answer? Is this the type of relationship the City of Rancho Cucamonga and the community will have with them?As long as they get what they want, they will continue to be a "partner" in our community; otherwise, they will look for other avenues to get what they want. I urge you to take a look at some of the bad publicity and business practices SCI will bring to our community by viewing our site here www.facebook.com/protectrancho. I understand that this land is zoned for that purpose but I urge you to take a drive on Etiwanda Avenue. This funeral file://7_:\CM0\SCI emails\Funeral Home.htm 10/25/2012 Page 2 of 2 home will be surrounded by homes, not businesses, not the freeway; there are homes across the street from the west P742 and the north side. SCI states that the values of the homes will not go down and your staff could not assured us or predict that the values of the homes will not decrease. Let me ask you this, who in the right mind will buy a home across from a funeral home?Would you?Would you take your kids to a home that sits right across from a funeral home? How would your kids feel knowing that there is a dead person right across from them? How would you comfort them? SCI also states that they are going to bring revenues to our community. Would they bring more than $100 thousand a year? I don't think so. Let me give you some numbers. Let's assume that the property values go down 20%. Homes around this area are selling for around $450,000 less the 20% is a property loss of$90,000. You get$90,000 and multiply by let's say 100 homes; that's$9 million loss on property values. Now let's multiply this loss of$9 million by the approximate tax rate of 1.12%. The loss in property taxes is$100,800 per year. This is also doesn't take in consideration the quality of the community and the very unhappy voters. Having stated that our home values will go down, how many foreclosures you think will happen because people will simply not pay their mortgage anymore? What do you think that is going to do to the "quality" of the neighborhood? Grapeland elementary recently was named a "California Distinguished School". If the property values go down, what type of community do you think this will become? Do you think Grapeland will have 100% parent participation as they have in the past few years? Honorable Mayor Michael, this is beyond a structure that fits and meets the requirements of the city. This is disrupting people's life and future. This is not about a building that could look pretty, it is about the type of community we have and we want to have. Again, I urge you to take a drive on Etiwanda Avenue and see the possible negative effects on this wonderful community. I urge you to talk to the residents around there. How can a project get build against the peoples' wishes? Finally, I urge you to talk to the children around there and see how wonderful these kids are. How can we take their childhood away by having them worried about dead people? Thank you for your time, Jose F. Torres Concerned citizen and voter CC: San Bernardino County Supervisor Rutherford Daily Bulleting News, Neil Nisperos Concerned Citizens and Voters file://Z:ACMO\SCI emails\Funeral Home.htm 10/25/2012 P743 Hezron and Victoria Mchenya 7540 Crawford Place Rancho Cucamonga,CA 91739 July 24,2012 Planning Department CITY OF RANCHO CUCAMONGA City of Rancho Cucamonga P. O. Box 807, Rancho Cucamonga,CA 91729 JUL 2 4 2012 Dear Sir/Madam RECEIVED - PLANNING Ref:Obiections to the Funeral Home Proposal As the heading above indicates, being a resident next to the proposed area for this project, I and my wife are objecting this proposal for the following reasons: 1. Social reasons: A funeral home in an existing residential area will bring a negative psychological and eventually physical impact by changing the social view of our neighborhood. I am sure one of the reasons me and my wife and many other residents chose to live in this neighborhood was because of many positive socially attractive elements that already existed in the place. It will be very unfair for the city to bring a negative element to our neighborhood after we have invested so much to have what we already have now. We ask the city to keep the reputation of Rancho Cucamonga of which includes our neighborhood. 2. Financial reasons: It is needless to say that the property value of our homes will inevitably go down. This is a reason for many to start moving out because we cannot continue investing in a city that does not promote the value of the homes of its residence. By passing this proposal,the city will be looking at one small investment and overlooking what makes Rancho a desirable place to live. For that reason we ask the city to protect our property value by denying permission from the proposed project. 3. Technical reason: A funeral home brings people, because they have to come pay respect to their loved ones. This is a problem if all these people have to do this in other residents' neighborhood. Traffic congestion will be an expected problem. We don't want to be driving into our neighborhood and start struggling for parking.The City should stop this project. Sincerely Hezron and Victoria f5 Page 1 of 1 P744 Villenas, Fabian From: The Dahler Team [dick @thedahlerteam.com] Sent: Monday, July 23, 2012 3:52 PM To: City Council Subject: [SPAM] Mortuary Please forward this to all the city council members. I don't understand why each of you do not have a method for us to contact you without a general e-mail. Makes no sense I can e-mail my senator, my congressman, even Bob Dutton and Mike Morrell, I cannot e-mail our city council? Anyway, you all know me as like most of you, I have been in this city almost all my life. Dennis, you all your life. You have never heard me express my thoughts over a proposed business in our city, as there is probably no one more pro business then I as business owners in this city since 1977. (Remember the old Hembree Realty at the A-frame on Foothill Blvd) By the way, Dennis I know you knew Mack Hembree, he is doing well financially as a pawn broker, but is battling prostate cancer. Both Nova and I are really upset over the Mortuary project for our city. The mortuary that is being proposed next to Etiwanda Gardens should not be allowed. I don't know how we can stop it, other than express our thoughts. I live just a few blocks from the site. (A block North of Victoria Gardens) How this issue was even allowed to go to planning is beyond me, as having a mortuary in a residential neighborhood is so out of line with the master planning of this great City. As some of you know, our office, which is the biggest real estate firm in the City, is located in Victoria Gardens. We also have offices in Beverly Hills and Newport Beach. We would happy to have 100 realtors show up at your next city council meeting, if that would help. We will be signing a petition opposing the Mortuary at our staff meeting. Diane, and Dennis have been at our staff meetings in the past and that is very much appreciated. If any of you would like to come and share your thoughts regarding this, we would love to have you, and you will see firsthand how your citizens are opposed to this plan. I would appreciate your thoughts, my e-mail is dick @thedahlerteam.com Dick Dahler, Broker/owner All Nations Realty 12505 N. Mainstreet Suite 240 Rancho Cucamon a Ca 91739 CITY OF RANCHO CUCAMONGA JUL 2 5 2012 Information from ESET NOD32 Antivirus, version of virus signature database 7323 `20120723' RECEIVED - PLANNING The message was checked by ESET NOD32 Antivirus. http://www.eset.com 7/25/2012 / / f P745 Villenas, Fabian From: stacysfu [ Sent: Wednesday, July 25, 2012 11:47 AM To: City Council Subject: Email for L.Dennis Michael Dear Mayor, My name is Stacy Fu. I am resident of Rancho Cucamonga. Actually, I just moved in this pretty city in July 2011. My house is near Victoria Garden shopping Mall and Perdew elementary school.It's very convenience and quiet area and That's really good environment for my family. But recently, my neighbor told me a bad news regarding building funeral home between Etiwanda Ave and Candlewood St. I really oppose this project not only house value but also the feeling ( the dead people living next my door. ) that feeling is really bad. . . . . ! ! I pursue a good environment for family, so I moved in this good area and beautiful city. If the city council approve this project, this environment doesn't suit for my neighbors and my family anymore! ! Unfortunately, we may plan to move out this city and sell our house. I don't want to sell my new house. . . . Hope our city council can make a good decision for us! ! Best Regards, Stacy Fu ❑ED iPhone On CITY OF RANCHO CUCAmONGA JUL 25 2w RECEIVED - PLANNING rage i of t P746 Villenas, Fabian From: Chris Ikeanyi Sent: Wednesday, July 25, 2012 1:37 PM To: City Council Subject: No To SCI Funeral Home In Our Neighborhood Follow Up Flag: Follow up Flag Status: Completed Dear Honorable Members, I wish to plead for your support in voter No the SCI Funeral Home project in our neighborhood. As a father of four young children, we do not want the incessant human and auto traffic associated with building a funeral home in our family oriented neighborhood. Please, help us by voting no to this project which will end up lowering our property value. Respectfully, Christopher and Chimezie Ikeanyi "For to be free is not merely to cast off one's chains, but to live in a way that respects and enhances the freedom of others." - Nelson Mandela CITY OF RANCHO CUCAMONGA JUL 25 2012 RECEIVED - PLANNING 7/25/2012 �� Fage 1 or 1 P747 Villenas, Fabian From: Chris Ikeanyi [ Sent: Wednesday, July 25, 2012 1:46 PM To: City Council Subject: Fwd: No To SCI Funeral Home In Our Neighborhood Dear Honorable Members, I wish to plead for your support in voting No for the SCI Funeral Home project . in our neighborhood. As a father of four young children, we don't want the incessant human and auto traffic associated with building a funeral home in our family oriented neighborhood. Please, help us by voting no to this project which will end up lowering our property value. Respectfully, Christopher and Chimezie Ikeanyi Residents of Rancho "For to be free is not merely to cast off one's chains, but to live in a way that respects and enhances the freedom of others." - Nelson Mandela CITY OF RANCHO CUCAMONGA JUL 25 2012 RECEIVED - PLANNING 7/25/2012 / �� rage i or i P748 Villenas, Fabian From: Sent: Wednesday, July 25, 2012 2:32 PM To: City Council Cc: Subject: No Funeral Home around our residential Dear Mayer: I am Rancho Cucamonga resident and just moved two years ago. Our family like Rancho Cucamonga because it is a great city with good environment and nice residential with safe and comfortable community. We DO NOT WANT any Funeral Home around our residential area especially so close to school district. Please Please NO to Funeral Home built approved in our beautiful home area!!! We strongly oppose to this project in Etiwanda area!!! We need your support!!! Thanks, Best regards, Frank Jou Ranch_ o cucamonga, CA 91739 CITY OF RANCHO CUCAWN'GA JUL 2 5 2012 RECEIVED - PLANNING 7/25/2012 rage i or i P749 Villenas, Fabian From: Jose F. Torres [ Sent: Wednesday, July 25, 2012 2:34 PM To: City Council Subject: Cocerned Citizen of Rancho Cucamonga against CSI Funeral Home Follow Up Flag: Follow up Flag Status: Completed Honorable Mayor Michael, I would like to urge you to take action against the proposed CSI funeral home that it is under public comment with the Planning Commission. We have formed a group of concerned citizens against this proposal and we are planning to attend the Planning Commission meeting tonight; I hope you are able to attend and hear what the voters have to say about this project. We are planning on media to be there with us as well. Rancho Cucamonga should not be in the news in this way; it is a beautiful place and with a family atmosphere and we need to keep it that way. However, we feel this is the only way we will be able to defeat this proposal. I would like to invite you to visit our website as well http://www.facebook.com/ProtectRancho. We hope that you can attend and help us in this battle to protect Rancho. Jose F.Torres Concerned citizen and voter. CITY OF RANCHO CUCAMONGA JUL 2 5 2012 RECEIVED - PLANNING 7/25/2012 Page 1 of 1 P750 Villenas, Fabian From: Jenifer Molineux [ Sent: Wednesday, July 25, 2012 2:44 PM To: City Council Subject: RE: Chuck Buquet & Sam Spagnolo Importance: High With elections looming in the fall, I would like to say,that we need some backing about STOPPING the sale of the horrendous funeral home project on Etiwanda Avenue! We need you both to attend and defend our rights as community friends and neighbors. Listen to us and side with the majority, not the stinking business of funeral services that could inflict our neighborhood with traffic, congestion, and sigma of deceased individuals in our backyards. Try to put yourselves in our shoes and see how you would feel, PLEASE! THERE ARE PLENTY OF VACANT FIELDS AWAY FROM OUR BEAUTIFUL NEIGHBORHOODS that can accommodate their services. And, please don't underestimate that we don't see the potential of the same said company buying up Etiwanda Gardens and turning it into a cemetery! We have all thought of that also. I know you want our votes this November, so put your clout where it will really count and you will have respect from the citizens of Rancho Cucamonga. Don't spoil it for us or yourselves. Thank you for listening. Please come tonight at 7PM and you will hear more........ Sincerely, ,Jenifer Molineux "565sed are those who can give without remem6ering and take wits out forgetting." —Lliza6etk E)i6esco CITY OF RANCHO CUCAMONGA JUL 2 512012 RECEIVED - PLANNING 7/25/2012 Jul 25 12 02:28p D AQUINO 909-463-4956 p.1 P751 July 24, 2012 Mike Smith Planning Department, City of Rancho Cucamonga P_O. Box 807 Rancho Cucamonga, CA 91729 RE: SCI Funeral Services, Inc. Dear Mike, My name is Demetrio Aquino, and I live on Crawford Pl. in the neighborhood of the planned SCI Funeral Home. I am writing this letter to oppose such a development for the following reasons: First of all, the neighborhood consists of many children,including mine, who play around the neighborhood at all hours of the day, especially on weekends, riding bikes, scooters, playing ball, etc. The increased traffic through our neighborhood will jeopardize their safety. Secondly,the ongoing real estate downturn has already forced many homeowners in our community to lose their homes to foreclosure and short sales causing values to plummet. Having a funeral home in our backyard will most likely cause more homes to depreciate in value. Everyone, not just'the homeowners, lose in this situation because the tax revenue to the city and county will further decline. Lastly,the piece of land of proposed project will best suit the neighborhood and the community as a park or open space in which we can all enjoy. I strongly believe having some sort of open, grassy area with trees,or a park will add to the aesthetic appeal of the neighborhood and to the city as a whole. I recommend that SCI and the city of Rancho Cucamonga to look at another location such as Arrow Hwy., Sixth and Fourth Streets, or Haven Ave. There are plenty of empty lots there and are in the commercially zoned areas. Please help us keep our neighborhood from deteriorating by relocating the proposed funeral home elsewhere. Thank you for your consideration. Sincerely, Concerned resident CITY OF PANCHO CUCAWWA JUL 25 2012 RECEIVED - PLANNING Page 1 of 1 P752 Schrader, Lois From: Villenas, Fabian on behalf of City Council Sent: Wednesday, July 25, 2012 4:45 PM To: Schrader, Lois Cc: Bloom, Jeff Subject: FW: Neighborhood against SCI Funeral Home . CITY OF RANCHO CUCAMONGA Fabian A. Villenas JUL 25 2012 Principal Management Analyst City Manager's Office RECEIVED - PLANNING City of Rancho Cucamonga (909)477-2700, extension 2006 fabian.villenas@cityofrc.us From: Wendy and George Sandoval [ Sent: Wednesday, July 25, 2012 3:44 PM To: City Council Cc: Dear Mayor and City Council members, My family and I currently reside at 12960 Evermay Ct. in our wonderful city of Rancho Cucamonga. I am writing this e-mail to voice my family's concerns on the proposed project to build a funeral home in the parcel located in the south east corner of Etiwanda Ave. and Candlewood St. Over the last few months our community has come together to oppose this project. During the first initial meeting with the builder(S.C.I.). My community loudly voiced their disapproval of this project. Decreased property values,traffic congestion, and just the idea of dealing with the visual idea of death everyday were the general conversations shared amongst all who participated in this meeting. I fully understand that a funeral home is a necessity needed for those who find themselves dealing with the passing of a loved one. I also understand that this city has done an excellent job finding revenue in business to ensure the financial stability of our city. I would like to thank you very much for all your hard work in ensuring that my family lives in a safe and thriving city. I am currently a Police Officer for one of our city's surrounding Police agencies. I take pride in my job and one of our agencies goals is to ensure the quality of life of every citizen that lives in our city. I would like to honestly let you know that my family's quality of life will be effected if this funeral home is built. Traffic is an obvious issue when it comes to a viewing. Although the representatives from S.C.I. will have us believe that only a limited amount of vehicles and people are allowed at the location due to parking and fire codes. This forces any other participants in the viewing to find parking in different areas of our community. My job as a Police Officer has allowed me to observe the operations of a funeral home as we have Drapers Funeral home in my area of patrol. 7/25/2012 Proposed SCI Funeral Page 1 of 1 P753 Schrader, Lois From: Villenas, Fabian on behalf of City Council Sent: Wednesday, July 25, 2012 4:47 PM To: Bloom, Jeff, Schrader, Lois Subject: FW: Proposed SCI Funeral Attachments: No To SCl.pdf John personally responded to this one... Fabian A. Villenas Principal Management Analyst City Manager's Office City of Rancho Cucamonga (909) 477-2700, extension 2006 fabian.villenas@cityofrc.us From: Russell, Joe (SoCal) [ To: Michael, Dennis Cc: City Council; Gillison, John Subject: Proposed SCI Funeral Dear Mayor, Please see attached letter in opposition to SCI Funeral Home. As a homeowner, the ambiance and tranquility of the neighborhood is what originally attracted me to this area, but it is now being threaten with this controversial funeral home. As our city representative, I am appealing to you to act in our best interest and not allow this endeavor to move forward. <<No To SCI.pdf>> Thanks, " (1 CITY OF RANCHO CUCAWNGA 7510 Crawford Place Rancho Cucamonga CA 91739 JUL 2 5 2012 RECEIVED - PLANNING 7/25/2012 Page 1 of 1 P754 Schrader, Lois From: Villenas, Fabian on behalf of City Council Sent: Wednesday, July 25, 2012 4:48 PM To: Schrader, Lois Cc: Bloom, Jeff Subject: FW: Proposed funeral home on Etiwanda Fabian A. Villenas Principal Management Analyst City Manager's Office City of Rancho Cucamonga (909)477-2700, extension 2006 fabian.villenas@cityofrc.us From: Martha Godinez [ Sent: Wednesday, July 25, 2012 4:06 PM To: City Council Subject: Proposed funeral home on Etiwanda To whom this may concern; As proud Rancho Cucamonga residents and faithful voter we are extremely saddened that our city officials would entertain the possibility of a funeral home in our residential neighborhood. Please understand that we are not opposed to a funeral home in Rancho Cucamonga just not in our neighborhood. We as home owners have suffered enough with the decline in our property values and just when values are starting to rise, a possible funeral home across the street would be devastating to our property values. That is why we have scouted other potential commercial properties for this funeral home and found 28 other properties where it can run a successful business without hurting our neighborhood. We take a lot of pride in the ability to vote for our city officials, we would hate to think that We helped vote in the wrong officials. We also take tremendous pride in home ownership especially in our beautiful city of Rancho Cucamonga but with no hesitation would we walk away from our property and city if a funeral home is built across the street from our home. Respectfully, The Godinez Family. CIV RAMC C1�+ A JUL 25 2012 Martha Godinez RECEIVED - PIAN��NG 7/25/2012 P755 Schrader, Lois From: Villenas, Fabian on behalf of City Council Sent: Wednesday, July 25, 2012 4:50 PM To: Schrader, Lois Cc: Bloom, Jeff Subject: FW: No to funeral home in our neighborhood Fabian A. Villenas Principal Management Analyst City Manager's office City of Rancho Cucamonga (909) 477-2700, extension 2006 fabian.villenas @cityofrc.us -----Original Message----- From: Karen onishi [ To: City Council Subject: No to funeral home in our neighborhood To whom it may concern: My name is Luisa K. Onishi and live on 12931 Evermay Ct, just across the street from the empty lot where SCI is planning to build a funeral home. 1 am totally opposed to this as are most of the neighbors and families that live in the area. Please Support as in our desire o stop the funeral home from happening as we will support you in the next elections. Thanks. Have a good day! Karen Onishi MY OF RANCHO CUCAMONGA JUL 25 2012 RECEIVED - PLANNING P756 From: Jesse Ortiz Sent: Monday, August 27, 2012 12:21 PM To: City Council Subject: WE NEED HELP!!! To whom it may concern, my name is Julio Aguero i live on 7523 bungalow way in the city of 12ancho Cucamon<a. recently there has been many concerns about a company planning to build a funeral home in the center of my neighborhood. I have many concerns and fears of the impact this will have on me and my family. In my home we foster children in need many who have come from abuse or death of family. Having a funeral home in our neighborhood would be a constant reminder to the children about where they came from witch is not the goal of my family. We open our home to provide a safe neighborhood and show the children that they can have and live a normal life. All of the childrens rooms have windows that face towards the spot where the funeral home is planned to be built, what type of impact would this have on your children? Aside from that the street is way to small to allow a facility that will constantly have a flow of traffic this will cause cars to be parked in front of our homes. not to mention there's a school located on the same street that already causes a lot of traffic. Children walking to and from the elementary school will have to walk by this facility everyday. My children enjoy riding bikes and playing around the neighborhood with other children in the area. I would not feel safe allowing my children to play outside around this type of facility. We are begging that the city to please not allow this to happen to our neighborhood, not to force us out of our neighborhood that we have come to love; not to allow our property values to drop, not to force us to stop our everyday lives, not to force us to keep our children in the house all day, not to force us to move, not to force the neighborhood to be in a constant reminder of the thing we all try to avoid DEATH. We know death is something we cant avoid but, we don't want a constant reminder of it. So please take the concerns of the neighborhood into consideration when making a final decision on placing this facility in our neighborhood. sincerely, Julio Aguero P757 From: Sent: Tuesday, August 21, 2012 5:18 PM To: City Council Subject: No funeral home near our home Follow Up Flag: Follow up Flag Status: Completed Dear sirs, We and our children have been under EMOTIONAL and MENTAL stress from when the SCI signs went up late last year and it is time for you to FINALIZE this and bring the residents who voted you into those chair some PEACE. Thanks Sent from my iPad e < <�rz� �� P758 Home> Cate og ries > Other> Please let your voice be heard and join the community in preventing SCI Funeral Services Inc from building a proposed funeral home at the corner of E Powered by iPetitions - Start your online petition now Please let your voice be heard and join the community in preventing SCI Funeral Services Inc. from building a proposed funeral home at the corner of E . 5io . B Signatures Email friends Signatures 155 total Page: 1, 21 31 4 > 1. 1 Name: Tim Truong on Feb 26, 2012 Comments: I VOTE NO TO THIS PROJECT. NO NO NO NO THIS IS A HOME PROPERTY NOT SOME KIND OF FUNERAL HOME. I DONT WANT TO SEE THIS HAPPEN. I VOTE NO! NO! NO! Flag 2. 2 Name: Xuan Zhang on Feb 26, 2012 Comments: NO NOT SUPPORT FOR THIS PROJECT THIS MIGHT HURT THE NEIGHBORHOOD NO Flag 3 3 CITY OF RANCHO CUCAMOWA Name: Douglas Ueda on Mar 1, 2012 JUL 25 2012 Comments: RECEIVED - PLANNING P759 Flag 4. 4 Name: Lory Ueda on Mar 1, 2012 Comments: Flag 5. 5 Name: Kimie Leho on Mar 3, 2012 Comments: I DO NOT SUPPORT SUPPORT THIS FUNERAL HOME PROPOSAL. Flag 6. 6 Name: Jennie Dang on Mar 3, 2012 Comments: Please do not build a funeral home among our residential neighborhood. I STRONGLY OPPOSE THIS FUNERAL HOME PROPOSAL. Flag 7. 7 Name: Danny Dang on Mar 3, 2012 Comments: NO NO NO! TO FUNERAL HOME. Flag 8. 8 Name: Jane Mrotek on Mar 3, 2012 Comments: I am totally against having a funeral home within a residential neighborhood community. Flag 9. 9 P760 Name: Christian Leho on Mar 3, 2012 Comments: Due to cultural beliefs, funeral home in the residential area will not bring good positive vibe to the neighborhood. There are just too many negative aspects about it. I strongly oppose this proposal. Thank you for starting this petition. I hope that it will be in favor of our community. Flag 10. 10 Name: George Sandoval on Mar 4, 2012 Comments: No hearses through my neighborhood!!!!! Flag 11. 11 Name: Wendy Sandoval on Mar 4, 2012 Comments: Please keep our children safe!!!!! Flag 12. 12 Name: Wendy Sandoval on Mar 4,2012 Comments: Please keep our children safe!!!!! Flag 13. 13 Name: Jose Torres on Mar 5, 2012 Comments: Flag 14. 14 Name: Ati Karizi on Mar 5, 2012 Comments: P761 Flag 15. 15 Name: Mark Horvath on Mar 6, 2012 Comments: Flag 16. 16 Name:Anonymous on Mar 6, 2012 Comments: NO funeral home in our lovely neighborhood please! Flag 17. 17 Name: Lisa McClough on Mar 6, 2012 Comments: Absolutely no funeral home. Flag 18. 18 Name: James McClough on Mar 6, 2012 Comments: Flag 19. 19 Name: Jacqueline Wells on Mar 6, 2012 Comments: Flag 20. 20 Name: Anonymous on Mar 6, 2012 P762 Comments: This is an unfavorable business for our community. Flag 21. 21 Name: Alena Paulson on Mar 6, 2012 Comments: traffic is already terrible with the surrounding schools, access to the freeway and Etiwanda would be a nightmare. This area cannot handle any more congestion, please do not allow this project to go through Flag 22. 22 Name: Brian Paulson on Mar 6, 2012 Comments: No Funeral Homes by where my children play!!! Flag 23. 23 Name: Sean Xu on Mar 6, 2012 Comments: Flag 24. 24 Name: Mikhail Zeeb on Mar 6, 2012 Comments: This funeral home is not a good fit or conducive to our neighborhood. It would increase traffic flow, lower property values and the health risk (whether perceived or factual) would causes irreparable depreciation as much as 17% in some studies. Flag 25. 25 Name: Ken Hong on Mar 6, 2012 Comments: No funeral homes in my neighborhood. Bad for the kids. P763 Flag 26. 26 Name: Mira Nam on Mar 6, 2012 Comments: scary scary.scary! i haven't been able to sleep just thinking about a funeral home planning to come to my home. Flag 27. 27 Name: Ho Nam on Mar 6, 2012 Comments: i strongly oppose building a funeral home here. funeral homes should be close to cemeteries. thank you. Flag 28. 28 Name:Anonymous on Mar 6, 2012 Comments: While I support bringing more businesses/revenues into our City, I will not lend my support to this project because the location alone is terrible! Etiwanda is a major street but it is predominantly lined with single family homes and counts with dozens of kids walking to/from school daily. Adding more traffic to this location would increase their safety risk and become an eyesore for an otherwise nice neighborhood. Additionally, there are several homes for sale (one right across the street from the proposed site) that would be in jeopardy of not selling, dropping to an even lower value or staying on the market for an unforseeable amount of time should a funeral home be built. Flag 29. 29 Name: Chimezie Ikeanyi on Mar 6, 2012 Comments: Building a funeral home so close to my home will not only increase traffic flow, lower property value and health risk, my children will be severly affected by it because they will be scared to go outside and play. So this will have a negative psychological effect on them. Flag P764 30. 30 Name: Christopher Ikeanyi on Mar 6, 2012 Comments: 1 am vehemently against building a funeral home right in front of my home. It is a horrible idea and will destroy our family-oriented neighborhood. Flag 31. 31 Name: Maria Davis on Mar 7, 2012 Comments: My 13 year old son has developed anxiety. when we were driving by the propose site one of my older kids made a comment and not long after that he start it asking questions about death and we're to the point where he has to have an evaluation to see if he needs counseling. Flag 32. 32 Name:Anonymous on Mar 7, 2012 Comments: Flag 33. 33 Name: Howard Nguyen on Mar 7, 2012 Comments: This neighborhood does not need a funeral home. Home owners are suffering enough from the economy; please don't place more stress on us with a creepy home of the dead just around the corner. Flag 34. 34 Name: Matthew Wysocki on Mar 7, 2012 Comments: Flag P765 35. 35 Name: Don Hathaway on Mar 7, 2012 Comments: Flag 36. 36 Name: Sergio Castillo on Mar 7, 2012 Comments: Flag 37. 37 Name: Gladstone Rennie on Mar 7, 2012 Comments: No to SCI Funeral Services Flag 38. 38 Name: Frank Jon on Mar 7, 2012 Comments: I am glad that we have this website to work together about this issue. My neighbor Kathy told me this issue two weeks ago because she received mail. But I didn't. So I made about 60 copies and passed to my nearby street (Crestfield and Gold Leaf and wild horse) house by house on these passed two weekend when I walked dog. I talked many people and just 2 out of 60 t received the mail. The rest like me didn't know this till I talked to them. It seems funeral company did this on purpose just mailed few household and claimed they inform all community. Anyway, I am now glad more people aware and we need to work it together to oppose this plan in order not keep our community better value and nice. Thanks again whoever created this site for community. See all of my community friends on Thursday 6pm on 03/08/12. Flag 39. 39 Name: Jorge Borda on Mar 7, 2012 Comments: P766 Flag 40. 40 Name: Martha Godinez on Mar 7, 2012 Comments: Flag 41. 41 Name: Lory San Gabriel on Mar 7, 2012 Comments: Flag 42. 42 Name: Yesenia Gomez on Mar 7, 2012 Comments: Flag 43. 43 Name: Lindsay P. on Mar 8, 2012 Comments: NO!! This is a residential neighborhood and no place for a funeral home! Flag 44. 44 Name: Carol Pike on Mar 8, 2012 Comments: A funeral home has no place in a residential neighborhood for all the reasons listed in the petition. Flag 45. 45 Name: Charlize Li on Mar 8, 2012 P767 Comments: Flag 46. 46 Name: Philip Emchick on Mar 8, 2012 Comments: Flag 47. 47 Name: Diego H Sevilla on Mar 8, 2012 Comments: No funeral home in my Neighborhood !!! Why ? Because my wife and I worked very hard to buy a nice home with all our savings and sacrificed a lot to get here. Never would we have considered this location knowing of any present or future funeral home in the area ! Flag 48. 48 Name: Vince Palmer on Mar 8, 2012 Comments: Flag 49. 49 Name: Laura Rocha on Mar 8, 2012 Comments: I do NOT want my property value to go down and I do NOT want any more traffic in that area!! Flag 50. 50 Name: Araceli R. Hernandez on Mar 8, 2012 Comments: NO to a funeral home. Traffic is already bad and there are too many kids walking to and from school and Victoria Gardens. ABSOLUTELY NOT. P768 Flag Page: 1, 21 3, 4 > Sisn Petition Now! Sponsored links iPctitions is o«n d and operated by An Ic Three Associ ws LLC - All material n Colmi�ht Any*le Three Associates LLC. 1995-2012 - Terms of Use 07/25/2012 05:26 9096469218 STAPLES ReCI4e"(_ PAGE 01/17 P769 July 25, 2012 Dear Planning Commissioner Richard Fletcher and Comission Members, My wife and I are concerned residents of Rancho Cucamonga and have grave concern over the proposed funeral home in our community. We have conducted our own research and have unconvered some very disturbing facts about the past and present owners of the property as well as the SCI corporation. Relevant documentation follows for your review. • Ethan Ruch is the previous owner of the property where the historic building is presently located. • Ethan Ruch owes investors and local business people and residents tens upon tens of thousands of dollars. He is known to mismanage and comingle investor money in several "investment" endeavors, including some in Mexico. • As of about 5 to 6 years ago he had pulled out approximately$3 million of equity out of the larger property area (including where the post office was located). • About 5 years ago,Ethan was offered$1.2 million from SCI for the historic property, but Ethan refused at the time because he was greedy.There were also problems because SCI wanted to relocate the historic building— they didn't want it because of a variety of problems,including the desire for more business frontage space a!ong Etiwanda. • There is strong evidence to support an illegal "straw sale" by Ethan to the present owner who is a relative—his wife's aunt—who is a resident of Montclair.We believe the straw sale was done for two key reasons: 1)to prevent Ethan's property from going into foreclosure,and 2)so he could still retain behind-the-scenes control to complete a sale to SCI for$2 million. • SCI has an established pattern of buying mortuary property and then shutting it down to retain control of the business over a larger and larger geographic area in Southern California.Their objective is to create a monopoly and control prices.They include stipulations,when the property Is sold to another entity,that a mortuary business cannot be reestablished.They have done this to other mortuary properties in the following areas: • Glendora,CA—Custer Christianson Mortuary • West Covina,CA—Custer Christianson Mortuary • Baldwin Park,CA—Custer Christianson Amar Willow • El Monte,CA • The historic building experienced a mysterious fire approximately 2 weeks after the close of the alleged straw sale to the relative of Ethan. If the historic building had been completely gutted,the"problem"of retaining the building for a mortuary business would disappear, making the transaction even more lucrative for Ethan and SCI. The following should not be taken as a threat. It describes how seriously we feel about this proposed transaction.Should the city and/or Planning Commission fail to act responsibly in this situation,we will come forward,initiate the proper lawsuits,and begin appropriate recall activity. More evidence of the above facts can readily be obtained.We can obtain it, so you should be able to obtain it just as easily.We will be closely monitoring the situation. our sincere thanks for your service and attention to this matter. CITY OF RANCHO COCAWNGA Mr. and Mrs. Annonymous Rancho Cucamonga Resident JUL 2 5 2012 RECEIVED - PLANNING 7 re_A,i c /J C L2 07/25/2012 05:26 9096469218 STAPLES PAGE 02/17 P770 Branch:OCC.User:3600 Title Officer:00 Order:0000000 Station ID:PYH1 Relrrdif}9 Requested BY Rae~to 0"310 0,rarmr won ttsm raw 11/7612011 North AttTer}ean Title Company,IrTt. DENNIS DRAEGER w FM File No. 9y2y0110-,1065296-11 ASSESSOR - 1lECORtRR -�N}t ANa W-1 RECD D o MAIL TO: "a fl girth Amedcan We Cowan Name George Marw and Lourdes Mango OoeR: 2011-0494480 TMM T hex 7 Street Address 7567 Et Wanda Avenue ry1�Igtlnq�� {� R0 1 City&state Rarttfi0 Cucamonga,CA 91139 tl�11Btl1111aI10�q�1IU�1�I��1�� °Cher 3wso onn No. 1065296 !_ NNil�tlll uwl A.P.No. 1100-031.06 U6 c r t`3 r,�.,,1_ TRA@ 015022 K/•Gea - 711e thnde'SAPPnrd rrwdvts)Cedsa(+Y COMMENTMY TMNSPER TAX t302.5try CRY TRANSFER TAX PONS [ a J eennpnn�pn thH cotrfrd6mtlett er RIA wtnx m Pnopertr NwrYed,OR - [ J gybed en the mnstdeMlee m Me rate COBS same Of Rene WWW N WM"ro remabene at etma of aniq [ J untnooporabA nsao: � LRr eI Ms�w gnmmnwtps,snd FOR A VALUABLE CONSWERA170",recelpt of which Is hereby ad a mwledged, Ethan 3.Rudi,a married man as his sole and separate PropergT hereby GRANTS to George Manor and Lourdes A. Manz*, husband and wife as Joint Tenants the folioArg described property In the City of Rancho Ctrramunga, County of San 6ernardlno,State Of California: THE NORTH 115 FEET OF THE WEST 189.39 FEET OF THE SOUTH ONE-HALF OF LOT 12,BLOCK"W, ETIWANDA COLONY LANDS,IN THE CITY OF RANCHO CUCAMONGA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED M BOOK 2 OF MAPS,PAGE 24,IN THE OFFICE OF THE COUNTY RECORDER OF SAW COUNTY. Dated: 08/26/2011 1/�� ATE i sTm wrvr SAN ' ffmAtiwo I'm on�r iilfd �3 to aBll .berme M. Eth n FIaao -1 kal A N w,Aron.P,,, err i aPPNSed�ePM Y.4+Lr� who pm,ed to me fat 00.bM Of ratlS a*M a WVM ft be WR 00 W 5) whose n°Pr(s)N/we mfinoted to V*ratwr Mbument and admontedged to AARON J.LEAL me"h VWWAY even*Ae same T mtlhr/rr sudit and rapedwieo and Clot by W4he/pnek rr'mt"eW mn Pne mtbumoem the PC'W10)m rm Cammdesmn 0194046 anmT upon behRN of wrMM die PNSM 5)aCM a WAW rnr narvnttnt NSan PPMIe n CSan aematdbm Co"Cowry 7 dertW nrtdna PENALTY OF OER7IMY mtOtt the taws d the Rate of Cauromm E trcs Ma TS 201 Unit the famon0 bee and W ebt wrn1E96 mr hamt 1950 51pnMYrt Thh env }3TILTTc STatenmM1ts lb: rWIME LS 1110tIE SAN BERNARDINO,CA Document:DD 2011.494480 Pagel of 1 Printed nn:7/2412012 4:42 PM 07/25/2012 05:26 909646921E STAPLES PAGE 03/17 P771 Branch :OCC,User:3600 Title Officer:00 Order:0000000 Station lD:PVTTI RECORDING REQUESTED 9Y: ReemdW re mkw Reemde,cou"el sae aaelrdpse ,vter2mT NORTH AMERICAN TITLE CO. DENNIS DRAEGER 1c00 p" . Btu Requened By: ASSESSOR — RECORM — CLERK � aeoafaeae !avl++Oe nsmR. fi.a.a. � 608 NoM Amoclean Me Company Return To: ,,. tDoo�n.. 2011—I�0 t�Iptttl(I4rl11ttpp9�I 41',t1t411�q�p1811 laatt Tntex t Paw 1a nSOVXAeai WL 9 9 14nrS. S.S.E. 'Ills nl'p"II�/��IINN4IIIIIW W Fe�q p �a:b3 1 ]756 C,rnr.++ asa. tHpl 111�111AMpXAd1118ryK11��Illall Teas B.PO aivemsSAe, Gt 92906 Otlaa' a ee aaev%cl00t 9evi"W 1bOt, V.S.D. ORDER t0). 2065296 (�C0 Above T%b Us For Reeardtea uamt APR# 1100-031-05 DEED OF TRUST ! TRA# 015022 14111100043700911,6911976 DEFIKMONS Word< used in multiple sections of this document arc defined below and barer words are de8ra�t in Smticlas 3, 11. 13, 18. 20 and 21. Cimai0 rules regarding the usage of words used in this document are also provided.in Section 16. (A)"Security Itmtrmment"trleans thie dacvment, which is dstedNOver*e 2. 2011 , together with all Riders to this document. (B)"Borrower"is GEORGE MANZO,AND LOURDES A.MANZO,HUSBAND AND WIFE Borrower's address 13 5271 NOW= VZ= 8==. 1401VZCLAM, CA 91763 . Borrower Ls the trustor under this$canny Ins rumem. (C)"Lender"is Provident Savings Bank, F.S.B. Lcrdcriso Fedosal Coxpoxatioo organized mod ecistmi;ands,the laws of the United $tacos of Am W;L a I 351-89681167 CALIFORNIA,Mngle F9mny-F2nr00"Mm4dle Moe UNIFORM INSTRUMENT WITH MFRS Form 30031!01 I' ! Wolters Kluwer Financial Servitors i VMP®yA(CA)tely! Pepe t M X0 ana I I t SAN BERNARDINO,CA Document:TD 2011.494481 Pagel of IS Printed on:7/24/2012 4:42 PM 07/25/2012 05:26 9096469218 STAPLES PAGE 04/17 P772 Branch :OCC,User:3600 Tide Officer:00 Order:0000000 Station ID:PYM Lender'v address is 3756 Central Ave., Rivareide, CA 92506 (D)"Lruttee"is Provident P'lzrancial Corp. , a California Corporation (E:) "MERS"is Mortgage Ekwironk Registration Systems, lot MM is a separate corporation thus in acting solely as a rmminee for Lender and L.ander's succm%m and assigns. ?- 1 is the henefidary under this Security Instrument, MFRS Lo crgarnired and existing under the laws of Deiawam end has an addrerss and telephone number of P.O. Fox 2026, Flint, Nil 48501-2026. td. (88S)679-M MS. . (F)',,Note"means the promissory note signed by BmTower and dated Nooamber 2, 2011 The Nett states that Borrower owes Lender two hundred treaty thousand and 00/100 Dollars (U.S. $220,000.00 )plus interest. Harrower has promised to pay this deal in regular Periodic ' Payments and to pay the debt in full not later than December 1, 2041 (C.7 -Property"meamc the property that is described below undo the heading"Trmtsfer of Rights in the Property." (M "Loan"means the den evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note and all sums due ands this Security Iaviumc rt.plus interest. (1) "Riders"meaus a)) Riders to this Security Ingrumeat that are ct ecuted by Bonewer. The following Riders are to be exeeured by Harrower(checic box as applicable): Adjwtabk Rate Rider Condominium Rids ee and Home Rider ' Balloon Rider Pion ted Unit Davdopmnm _ 5es Rider 1-4 Family Rider VA Rider Biweekly Payment Ride OOer(s)[ fY) (,n "Applicable Low" inearns all controlling applicable federal, state and local stamnes, regulatiotm, ordinances and administrative rules and orders(that have tbo effect of law) as well as all applicable final, non-appealable judicial opirdons. (K)"Community A*mlxtkm Dues, Fees, and Aasexm erns"m¢anrs all dues, feet, assessmnts and otbcr charges that arc imposed on Borrower m the Property by a condominium associatior4 homcownes ossaclation or similar organization. (L) "EleetrmsFe funds Transfer" moms any transfer of funds, other than a transaction originated by check drag or similar paper irnsttunrnC which b initiated through an dectronie terminal. telephootc instru new, comprom or nmagmxic tape so as to order, irntrua, or authorize a fro ucial institution to debit or credit an account. Such term includes, but is not limited to, poimofsale transfers, automated teller machine transactions, transfers initiated by Idephom;., wire trawlers, and automated clearinghouse tratfers. (M)-E%crow items"means those items that are described in Section 3. (N) "Miseellamrom Proceeds"means may conTcusetion, settlement, award of damages, or proceeds paid by may third party(other them insurance proceeds Paid under the coverages described in Section 5)for: (s? damage m, or destruction of, the Property, (di) condemnation or other taking of all or any port of the i Property; (iii)conveyance in lieu of coodeamation; or (iv)misrepresentations oL or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" marts insurance protecting Larder against the nonpayment of, or deftutt ot>. the Lou". - (P)"periodie Payment"meats the regularly scheddied amotrm due for(i)principal and imereu under the INote, plus(in')any amounts under Section 3 of this Security Instrument. 351-89681167 CAUFORMIA-SNypla FmnityAwnt.M.e1Fmdma Mac UNIFORM mSTRU M SIT W RN P I.M9 rvrnn 3005 Val Vrwss-eA(CAhror+n tsars is Ma.vi SAN BERNARDINO,CA Doeument:TD 2011.494481 Page:2 of I8 Printed on:7/24/2012 4:42 PM 07/25/2012 05:26 9096469218 - STAPLES PAGE 05/17 P773 Branch :OCC,User:3600 Title Officer:00 Order:M100000 Station ID :PXH) (Q) "RESPA"ter= the Real E,smte Settlement Procedut Act (12 U.S.C. Section 2601 et seq,)and its implerneating regulation. Regulation X(24 C.F.R. Part MOO), as they might be amended from time to time, or any additional or successor legislation a regulation that governs the some snbjlxt.+*sT• A,s used, in this Security 1mtrument, "RESPA" refers, to all requircrn Mts and restrictions that are hnpmned in regard to a "fedtraliy related mortgage loan" even it the Loan doer not qualify as a "federally related mortgage loan" under RP.SPA. (R) "Suceessar in Interest of Borrower"means any party that has taken tide to the Property, whether or not that party bas assumed BorMWW R nbligatims under the Note and/or this Security lusirtuawt. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Seewity Instrument in ME" (solely as nominee for Lender and Lo 2de-es sueoeasors and acaigtw) and the successors and ensigns of MERS. This Saettrity Insmunent secures to Lewder: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (ii) the perfotmsnce of Borrower's covenant" and agreetnettts Under this Security lnstrutneta and the None. For this purptxm" Borrower irrevocably grants and casveys to Trustee, in trust, with power of sale, the following dem bed Property lornsod in the - Co®Cy of Sin Beznaxdieo [rrpr.of ltoo rd ft lar slictim) (Name orpa nliaF 1a6rWai") r= NOF.TR 119 FEET or %= "EST 199.39 E'ELT of THE SOUTH ONE-BALri OF LOT 12, MOM "R", ETIURMA COUMT LAMS, I10 THE CITI Or RANCHO CDt MCMT1'A, tot1NT7 OF SM Meutf Xwo, STATE OF CA= aardaA. As V= Mp RS.CORDED IN BOOK 2 OF 291$5, PACE 26, I10 TM OFFICE OF THE CODNTS RECORDER OF Sh1O COUNTr. Parcel tD Number: 1100-081-06-0-00 which currently has the address of 7567 ETIWAMK A48NOE rs"ssl i RANClt0 CUCAVIOMA (Car), Califbtnia 91739 (Lip Cede) ("Property Address"): TOGETHER V4TH.all the impravenenta row err hereafter crested on the property. and all and fixtures now or hereafter a part of the property. All replacements and addi s also be coveted by this Security lastrumem. All of the foregoing is referred to in this 9eeuNt. instrument as the"Property." Bomnver understrands and agrees that MERS holds only legal bale to the unseen"gramad by Burrower in this Security trntruntent, btu, if necessary to comply with law or - custom, MERS(m nominee for Lender and Leader's succes% rs and assigns)hoes the right to exercise any or all of those interests, hxluding, but not Ilatieed to, the right to foreclose and.44.41 the Property. and to take any action required of Lender including, but tot limited to, releasing and canceling this Security instrument BORROWER COVENANTS that Borrower is lawfully soaked of the estate hereby conveyed and has the right to(pant and convey the Property and that the Property is unenaanbernd,except for encumbrances, 351-99631167 CALIFORNIA-ShVIC FOMAY.Fannb MaetFraddle Mao UMWORM MRSTRUMENT WITH MJMs Porte 3004 Het VMPn•6A(CA)pr+1) expel M.a wren.: SAN BERNARDINO.CA Docament:TD 2011.494481 Page:3 of 18 Printed on:7/2412012 4:42 PM 07/25/2012 05: 26 9096469216 STAPLES PAGE 06/17 P774 Branch:OCC,Uaer:3600 Title Officer;00 Order:0000000 Station 1D:YYIff of record, Borrtwa wmrmrbc and will defeats generally the title to the Property agoimt all claims and denendc, subject marry encwnbrances of teeord THIS SECURITY INSTRUMENT combi0e% uniform cowman for national use and "on•unifota ts coven," with limited variations by jurisdiction to constitute a colorm secttrity instr mlent covering real Ply. UNIFORM COVENANTS,Borrower and Lander covenant and agree as folbws: 1. Pavmem of Principal, interest. Escrow Items, Prepayment CharBas, and L.tc Charger, Borrower shall pay when due the principal of, and interest 00, the debt evidenced by the Note mid any prepayment charges and We ebatga th due under e Note. Borrow=sba8 also pay funds for Escrow Items puusunat to Semen 3. Payme m+due under the Note and this Security lMbvn ant shall be made in U.S. curroxv. However, if any check or ether instrument received by fender as payment under the Note or this Saemity Immune r is returned to Lender urgwid, Lender may require that any or all sabscgoem wrymata due under the Note and this Security Instrument be made its one or more of the following forms, as seleaal by Lender. (a) cash: (b) mmey order, (e) certified cheek, bank cheek. treasttrtt°s check or caabier's check, provided any such check is drawn upon an iradtmion whose deposits arc insured by a Waal agency, utptrurnamality, or entity; or(d)Meena..c Funds Transfer. Paymmts are deemed received by Lerida when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provbdans in Section IS. Lender may return any Payment or partial payment if the payment er partial payments are immfficiVW to bring the Loan current. Lender may accept otry paYtrirnt or Partial cat insufficient to bring the Loan current. Without waiver of any heramds or prejuduco to its n is to MAW such Payment or partial payments in the Gttwe, but Leader is not obligated to apply such Faymerb at the time stele payments are ateepted. If each Petitdic Payment is applied as of its aelteduled duo dart elm Linda need rot pay ioferest on uruapp[ied fnrrds. Linda may fold such umappHM finds until Bertawa ttmkea payment to bring flx Loan ctaretrt]f Borttiwer Boas tot do:b weedier a reastmablc period of tint I.cada=hail tither aapppply such Htrnds err retuars that ro B=rows. !f not applied Carlia, surd tarok will be applied to the oumtmdiog principal baintuce tinder the Note immcddatcly prior to foteelu»ttte. No nftset err claim which Bertovva aught hove row a in Unc Beane against Lender shall relieve Hortower from malting payments due cads the Note and thk Security Instratnmt.or Pins the eavemm�ta erred agretrnuenes seetaed by this Security Instrument. i 2. Applieatdtrn of tarmaatr or Ptaeced" Except as othenvdae described in fife Section 2, all payrmm�is accepted mud appbcd by Lauder shall lx apy9lsed in the following order of priority: (a) inaYest due»nder the Note; (b) re" due undo the Note; (c} sanomite doe utda Section 3. Such payrnmtts shall be applied'ro ®ch Per' Payment in tltc order m which it beratne dam Any rrsnoining amounts shall be appltcd""'n to lam aharsas, second to uury ether araaumtP due ender Uric Semaity inatrnmm4 and Bien ro«duce the prheiptd balarnux of the Nose If Lends *actives a paymen t from Borrower for Ph'iodie Payreeret which inetndes a uwlGaant amount ro pay any late chinggee due, (tee payrnmtt�epp)ied ro t!e delinquent paytrnem and the late charge. if trwre than Otte Periodic Pnymrnt rA outvtanding. [.ends may apply arty pa received gem.Borrower to the repaytnmt of tine Periodic Ptryrrnenta if, and to fie eater stint. mdi payment can be paid in full. To the a:tmt sleet arty atma exists after the payment is applied ro the WI payment of one err mare Periodic Paymcmta, atrdu excess may be Hed to cry Mast chmgc due. Vaiuuttaty prgmyments shall Sbe applied ties m mtyprgmymetu charb�w and as dtem7aed in the Nett. I Arty applicotim of paymenm inseam oc pp or Miscdimteous Proceeds to principal Clue under the Note atoll not extend or the due daa or chanse the ensues,of the PeKc4c Peymmes. 3. Fonds for Escrow lteirns. Borrower shall pay to Lender on the day Periodic Payments arc the under the Note, until the Note is Paid in gull, a sum(the"Funds")to provide for payrnem of amtnmts due for: (a)teases and asscssments and other heats witieh can attain priority over this 9eemity Iretruaarnt as a lien or maanbrmtec on the Property, (b)lasehold paytnmhu a rents on the.Property, if my, (c) under premiums for any and all miew ce required by Lender der S�atiioon 5: and (d) Mortgage ltsuranxe pre"" , if asry, or any sums payable by Borrower to Lender in lieu of the payment of MoRgoga muaaaxc prerrduans in xcardmnce with the provisioner of Seclian 10. Tfiesc iterni are ta11a1 "E9erew Iterrts." At origitution ux m ony time marfet� Ile trnn of six Lome. Cattier rosy require that Cornnnaxity Aisocimitm Dues, Fee, and s, tf say. bo escrowed by Borrower. and such does. fras and sssessnNnta shall be en Excrmv Item Borrows shall promptly fbttnish to I.ctda all raxicee of otnoama ro be paid tender this Section Borrower sho111ray leads the Fonda for Etcrvav ltaars unless Lender waives Borrmc's obligation to pay the Funds for soy or all Pscrow itetas. Lords any waive Btxrrowar's nbigation to PaY to Lads Ponds for miy ex ail Fsarow Items m mry rime, fury such waiver may only be � 351w89681167 i CR4IFORNM-Singta Fanny-FanaA M»fFroddN Mae UNIFORM IN9rROMBIY'f W.ITN_IA� . Feaa x004 9101 vMPae,tA(Cadso>rc) v+pa.err ere lien; Mh-l!¢L�N, 1 i SAN BERNARDINO,CA Document:TD 2011.494481 Page:4 of 18 Printed on:7/2412012 4:42 PM 07/25/2012 05: 26 9096469218 STAPLES PAGE 07/17 P775 Branch :000,User:3600 Title Officer :00 Order:0000000 Station H) :PYHI ' in writing in the event of sucb waiver.Borrower shall pay directly, when arid where poyablo. the amounts due for any E.sernw hems for which payment of Funds has been waived by Lander mud, if Lander requites, shall 8+rolsh to Lender receipts evidencing such paymeu within such time period w Leoda may require. Borrower's obligation to make such payarans mid to provide receipts shoal for ail purposes be dearted to be a covenant and agreement contained in this Security lnsaumcu as the phrase"covenant and agrecmcm" is used in Section 9. if Borrower is obligated to pay Escrow Items directly, pass wu n to n waiver, and Borrower fails to pay the atom[due for an Escrow Item, Lender may exercise its tights undo Section 9 and pay such amount and Borrower shall then be obligated ender Section o to repay to ).rider eery such amount. Lender may revoke the waiver as to any m all Eacrow Items at any time by a notice given in accordance with Section 15 aced, upon such revocation, Borrower shall pay to Lender all FuntK mid in such amounts, that are then require)und- this Section 3. Lender may, at airy time. collect and bold Fund:in an amount(a)suiBuaent to permit Lender to apply the Funds at the time specified under RISPA. and (6) not to exceed the maximum amount a leader eon require under RESPA. Lender shall emitmm tee amount of Funds due on the basis of current data and mr usable estimates of expemlitUres of future Esaow Items or otherwise in accordance with Applicable Law, The Fends shall be hold in cep institution whose deposits are insured by a federal agency, Inaat®enmlity, or entity(ioduding Leader, if Lender is an institution whose deposits are so instered)or in my Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrcmw for holding and applying the Fends, annually analyzing the escrow account. or verifying the Escrow It ems. wiless Leader pays Borrower imcs on the Fends and Applicable Law permits Lender to matte such n charge Unless an agreement ie made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or awnings on the Fends. Borrower and Lads can agree In writing, bowever, that I uerast shall be paid on the Funds. Lender shall give to Borrower, without charge, an normal accounting of the Funds an required by PtESPA. 1 If there is a surplus of Funds held in escrow, as defined under RESPA, Leiden shall account to Borrower for the excess fronds in accordance with'PMPA. If thee is a shortage of Ftirtds held in escrow, w defined under RESPA, .Lender shall ratify Borrower as required by RESPA, end Borrower shall pay to Lender the amount nteisary to make up the ahonage in accordanx with RESPA, but in m more than 12 monthly payments. If there is a deficiency of Funds held in cscrcrw,as defined under RF.SPA, Lender shall notify Borrower as required by RESPA. and Borrower shall pay to Lender the amount necessary to maim up the deficiency in accordance with RESPA, but in no more than 12 monthly paymmta. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly mftmd to Borrower any Funds held by Lander. 4. Chargm-, Liras. Borrower shall pay all taxes, r ucssis mm churges, fines, and impositions attributable to the Property which can mint priority over this Security Imurimsent leasehold payments or ground rnmtx on the Property. if any. and Community Association Duct. Fear, and Assessments. if arty. To the extent that time items are Escrow Items, Borrower shall pay them.in the morrow provided in Section 3. Betrrmver am) promptly discharge any lien which has priority over this Security Instrument unless Burrowers (A)agrees In writing to the payment of the obligation secured by the Jim in a manner acceptable to Lender, but only so long as Borrower is performing such am,am,era (b)contests tee lien in goad faith by, or defends against eaforoemen t of the lien la. legal proceedings which in Lends'a opinion ape a to prevent the enforcement of the lien while those pnoceadi.gs are prattling, but only until such proceedings are coneiuded: or(c)serums from tint:holder of the lien an agneroml satisfactory to Leader subordinating the limn to this Security instrument. If Larder determhtes that any part of the Property is suhjeet to a lien which can attain priority over this Security Instrument Lender may give Borrower a notice identifying the 351-89681167 CALIFORNIA•Sirgle Famiy.FsnnN alaalFtseldle Mac UNIFORM INSTRUMFM WIT MM Form BOOS 1101 VMPA.sA(CA)Rrri t) Pgn6er re _W SAN BERNARMNO,CA Document.-TI)2011.494481 Page:5 of 18 Printed on:7124/2012 4:42 PM 07/25/2012 05:26 9096469218 STAPLES PAGE 08117 P776 Branch :OCC,User:3600 Title Officer: 00 Order:0000000 Station-ID :PYHI I I lien Within 10 days of the date on which that notice is given, Borrower shat)satisfy the lien or take one or f, more of the actions set forth above in this Section 4. Leader my require Borrower to pay a one-tirne change for a real estate tax verification and/or reporting service used by Lender in connection with this Lout. S. Property Insurance. Borrower shell keep the improvemirts now mistirt8 or hereafter erected an the Property insured against lose by fire, hazards included within the term "extended coverage." and any other hazards including. but not limited to, earthquakes and floods, far which Lender requires insurance. This insurance shall be maintained in the ornoamtt(including deductible levels) and for the periods that Lerida requires. What Lender requires pursuant to the Presiding sentences can cinmgo during cite term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Le ndcr's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Gads may require Borrower to pay, in connection with this Loan, either. (a) a one-lime charge for flood zone dettntrdrutioa catifcaimit and t addog services; or (b)a o me tier charge for flood zone determination and certification services and subsequent charges eaab time remeppings or similar changes occur which reasonably might affect such detemdnatiwn or certification. Borrower shall also be reepoatsible for the payment of sty flew impwed by the Federal Emergency Managed m Agency in connection with the review of any flood came determination resulting frran an objection by Bmrrcwer. if Borrower fails to maimain sty of the coverages described above, Lader may obtain insurance coverage at Lettleen option and Borrowers expense. Lander is under no obligation to pmchaae my particular type or amount of coverage- Tbaeforev such coverage shall cover Lands, but might or might not proton Borrower, Borrower's equity in the Property. or the comeats of the Property, o ost risk, hazard or liability and might provide greater or leeoer coverage ohm was previously in effect. Borrower wer acknowledges that the ms of the insurance coverage an obtained might signifieaniy exceed the coat of insurance that Borrower could have obtained. Any amoatnts disbursed by Lender under this Section S shall become additional debt of Botrrwa sectored by this Security Instrument. These amounts shall bear interest at the Note rate from the date of dot and shell be payable, with such interest, upon notice firm Loader to Borrower requesting payment. All insurance policies required by Lander and renewals of such policies shall be subject to Landeds t right to disapprove such policite, "I include a standard mortgage clause, and shall stare Lade as mortgageo and/or as an additional less payee and Borrower tbab= agrees to generally assign rights to insaran prooee�m the holder of the Now up to the amount of the outstanding loan balatxe. Leads shall have the right to hold the policies and remewal oartificatcs, If Lender roga4w, Borrower shall promptly give to Lerida all receipts of paid premiums and renewal notices. If Borrower obtains any form of imam ol,coverage,not otherwise required by Lender, for Homage to, or destruction oti the Property, such policy shall include a standard mortgage clause and shall name Lade as mortgagee and/or as an additional loss payee and Borrower farthr agrees o generally asaigo rights to insurance proceeds to the holder of the Note up to the amomd of the outstardmg loan balance, in the event of lost. Borrower shall give prompt notice to the insurance cartes aid Lender. Lender may make proof of lost if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing, any inmmmee proceeds, whether a not the tmdalying irramanwe was required by Leader, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Losder's security is not lessened. During such repair and restoration period. Lander shall here the right to hold such insurance proceeda until Lender has had an opportunity, to imVet such Property to assure the work his been completed to Lender's satisfaction, provided that such inspection shalt be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payment an the work is completed Unless an agreement is modo in writing or Applicable Law requires interest to be paid on such insurance proceeds.. Leader shall.not be required to pay Borrower any interest or eirnintpn on such proceeds. Fees for public mDuvtaa, or other third parties, retained by Borrower shad not be paid out of the.imurance proceeds and shall be dr solo obligation of Borrower. If the restoration or repair is not economically feasible or Lender's serenity would be lessened, rho insraanrae proceeds shall be applied to the scans secured by this Security Instrument, wtctf= or not than due with 351-89681167 CALIMMA-Bangle F1mMty.Fannle MmTFnmk Mac UNIFORM INSTRUMENT Writt M 00 Fonn 1005 1101 VMP 6.BA(CA)earn i Ana a.s 1 SAN BERNARDINO,CA Docutnent:TD 2011.494481 Pagc:6 of IS Printed on:7124/2012 4:42 PM 07/25/2012 05:26 9096469218 STAPLES PAGE 09/17 P777 ` Branch :OCC,User:3600 Title Officer:00 Order:0000000 Station ID :PXHI the mcem if my, paid to BmTowor. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower obandmts the Property, Lender may file, negotiate and settle any available insurance claim and related matters. if Borrowtu does trot respond within 30 days to s notice from sender that the insurance once carrier has offereed to male a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender noquitea the Property under Section 22 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance Proceeds in an amours not to mcmd the amounts unpaid under the Note or this Security Instrumem, and (b) any other of Borrower's rights (other than the right to any retmd of unturned premium.. paid by Borrower)under an insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the irwarhmce petxmds either to repair or re tma the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due 6, occupancy. Borrower shall occupy. establish, and use the Property as Borrower'9 principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender V otherwisc rW in wri8mg, which consent shall not be unreasonably withheld, or unless extenuating c4cmu uoca<exist which are beyond DDff W a control. 7. Preservation, Mafnteaance and Rsotecton of the Property; Pfsrpectloas, Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or Conn.I waste on the Property. Whether or not Borrower a residing in the Property, Borrower shall maintain the Property in i order to proven the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or ratormion, is ern economically feasible. Borrower shall E promptly repair the Property if damaged to avoid further deterioration or damage. if Insurance or condemnation prods are paid in connection with damage to, or the taking at the Property. Borrower i shall be responsible for rep tiring or rnmormg the Properly MAY if Lender has released Proceeds for such purposes. Lender my disburse proceeds for the repairs and restoration in s single payment ar in a series of t progress payments as the wank is aomplcud. If the instceacc m condemnation proceeds are nor sufficient 1 to repair or rautme the Property, Borrower is stet relieved of Borrower's obligation for the completion of ouch repair or restoration. II Lender or its agent may make reasonable entries upon and inspadioas of the Property. if it has reasonable cause, Lender may incpom the interior of the imprormxents on the Property, Lander shall give Borrower notice at the time of or prim to such an interior.inspection specifying such rreaennable manse IL Barrettes a Loam Application Borrower tall be in default it during the Leart application process, Borrower or any persons or amities acting at the direction of Borrower or with Borrowers knowledge or consent gave trmteaietly false, misleading, or inaccheatc infi reunion or statmants to Lender (or failed to provide fender with material Information) in connection with the Lomb. Material representations include, but are not limited to. representations concerning Borrower's occupancy of the Property as Borrower's principal rasidenee. 9. Protection of Lender's Interest in the Property and/high"Under this Securfty Instrument. If (a)Borrower fails to performs the coveatamt and agreements conmmed in this Security loarunscorL (b)them is a legal proceeding that might significantly affect Unde's interest in the Property and/or rights ceder this Security Trotru pent(such as a proeading in bankruptcy, probate, for condemnation or forfaitma, for enforcement of a Item which may attain priority per this Security Instrument or to enforce laws or regulations), or (c)Borrower has abandoned the Property, then Lander may do and pay for whatever is reasenablo or appropris:e to protest Lenders interest in the Property and rights under this Security Instrument, including protecting and/or anxssmg the value of the Property. and securing and/or repairing the Property. Lender's actions can inehda but are not limited to: (a)paying any sums secured by a Gen which has priority over this Security Instrument (b) appearing in court: and (e) paying reasonable 351-89681167 CALIFORNIASMOO Fae+1ly.Fanale MaaMroddA Mae UNWORM INSTRUMOrt W Ppan Soo$ 1104 VMP®.OAICA}tarn) f'ber MoD nnDhra 1 SAN BF.RNARDINO,CA Document:TD 2011.494481. Psge:7 of 18 Printed nn:7124/2012 4:42 PM 07/25/2012 05:26 9096469218 STAPLES PAGE 10/17 P778 Branch :OCC,User:3600 Title Officer:00 Ordcr:0000000 Station ID :PYHI attorneys' fees to p.at its interest in the Property and/or rights under this Security Ir m urm"t including its m=uad position in a bankruptcy proceeding. Sectoring the Property includes, but is net limited to, entering the Property to make repnu% change locks, replace or board up door and windows, drain water from p'ipos, eliminate building or other code violations or dangerous conditions, and have utilities tinned on w off. Although Leader may take action under this Section 9.Lender does not have to do so and is not under my duty or obligation to do so. It is agreed that Lend=incurs no liability for cot taking any or all actions a thorimd under this Section 9. jAny amootts disbursed by Lefler under this Section 9 shall became additional debt of Borrower _aocurad by this security lnstrumem. These amours shall bun Interest st the Nate rate fi ro the dam of dialnrsement and shall be peynblc, with such interest, upon notice frarn Gendw to Borrower requesting payment. if t this security Inatrumen is on o leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Prop", the leasehold and the fee title shall not merge unles" Lender agrees to the magv in writing, 10. Mortgage lntnrance. If Leader required Mortgage Insurance as a condition of making the Loss, Borrows stroll pay the premiums required M maintain the Mortgage Int"rrmoc4 in effect If, for toy remora, the Mortgage Imaratrce coinage required by Lends ceases to be available from the morigsgn inswer that previously provided strait irnsurance and Borrower was requited to hake strtmatdy dmignnted paymeme; toward the premiums for Morgoge lnsaance, Borrower shall pay Ote premiums required to obtain coverage substantially equivalent to the Mortgage insurance.previously in effect, at a cost cubstamially equivalent to the coat to Borrower of the Mortgage Insurmx previously in effect, Pram an alternate mortgage insurer selected by Lender. If subsmmially equivalent Mortgage Imumnce coverage is not available, Borrower atoll continue to pay to Lender the amount of the scpamely designated payments that ware due when the insurmxe coverage ceased to be in effect. Lender will accept, use and retain these paymens as anon-refmdabe Into reserve In free of Mortgage inswance, Such loss reserve shall be ran-refundable, notwithstanding the Oact that the Loan is ultimately paid in full, and Lcrdar shall not be required to pay Borrower any interest or earnings on such loss resrn Lender am no longs require lass reserve payments if Morga¢e Insurance coverage(in the amount and for the period that Larder roquirat) provided by an insurer selected by Lender spin beepttea available, is obtoired, and Lender requires separntaly designated payments toward the premitmts for Mortgage Irew mr cst. If Lender required Mortgage Insurance oar a condition of nuking the Loan and Borrower was required to make sepwately designated - payments toward the premiums for Mortgage insmmtce, Borrower shall pay the premiums required to maintain Mortgage insurance in effeet, or to provide a non-miimdable loser reserve, until L.cadeR requirement for Mortgage Insurance ends in aceordarm with any written agmemerd between Borrower and Leader providing for such termination or mdl termination is.equft. by Applicable Law. Nothing in this seedoa 10 slfetts Borrowar's obligation to pay inmost at the rate provided in the Note Mortgage Insurance reimburses Lends (or any entity that purchases the Note) for vertain losses it may incur if Borrower does not repay rite Loan as agreed. Borrower is not a party to the Mortgage Irdunu= Mortgage insurers evaluate their total risk on all such insurance in force Gan time to time, and may suer into agToemarts,with other parties Wm share or modify their risk, or raluec lakes. Thm agreements are tat terms and oondnions that are sstisfaciary to the mortgage insurer and the other party(or parties)to ., them agreements. These agreements may require the mortgage insurer to make payments using any source or Aanb that the ma tgage insurer may have available(which may include hurls obtained from Mort,gage In uratce premiums). As a result of the agreements. Lender, sty purchaser of the Notes another Insurer, any minuet, any other entity, or any affiliate of any of the foregoing, may receive(directly at iodiretxiy)tantrums that derive fiom (or might be characterized as) a portion of Borrower's payments ror Mortgage Instaw=, in exchange for staring or modiiyagt the mortgage insurers risk or reducing losses. If such agreement provides that an affiliate of Lands takes a share of the imut—'s risk in etebamge for a share of the prey sums paid to the Imurrr, the arrangement Is often termed^..aptive rainsurance."fur6ter: (x) Any such aptanaemts will not affect the amomtts that Borrower has agreed to pay for Mortgaite Insurance, or any other 1¢rraas of fhe Lora Such agremuents will not increase the amount Borrower w61 owe for Mortgage Insurance,and they will ma antille Borrower to any refund. 351-096011197 CALIFORNIA-BkgM Famay-iaenis ataalirodaN sac 11NiFpRp INSTRUMENT wirM a1E Fpm 3005 1101 VMP*AAICAlryrrr/ '.Dead to SAN BERNARDINO,CA Document:TD 2011.494481 Page:8 of Is Printed on:7/24/2012 4:42 PM 07/25/2012 05:26 9096469218 STAPLES PAGE 11/17 P779 Branch :OCC,User:3600 Title Officer 011 Order:0000000 Station.11D :PYBI (b) Any such agreements will not slicer the rights Dorms has- If may- with trspect to the Not teate Insurance ender the Homeosree,x Protection Act of IM or soy other law. Than rights may include the right to receive certain dlschrun , to request and obtain cancellation of the Mortgage Insarattce, to have the Mortgage lnsarance terminated sumo atintiy, andfor to receive a refund or any Mortgage tbsutance pit imas that were tax road at the time of such cancellation or termlastios. 11. Assignment of Miscellaneous Proceeds; Foriaitum. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. • If the Property is damaged, such Miscellaneous Proceadc shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Larder's security is trot tcs recd, During such repair and restoration period, tender shall have the right to bold such Miscellaneous Proceeds until Lends has had an opportunity to inspect such Property to ensue the work has been completed to Lender's satisfaction, provided that such inspection shall be undertalmn promptly_ Lender may pay for the repairs and restoration in a single disbursement err in a series of pmgma payments as the work is conrytetod. Unlea an agreenwut is made In writing or Applicable Lave requires interest to be paid on such Miscellaneous Pmcceds Lender dull not be tees Trod M pay Borrows any into at or cerninp an such Miseeilaueoua Proceeds. If the restorative or repair is not economically fmauble or(..ender'a security would be lessened. the MiscellaaernN Proceeds shall he applied to the mots seemed by this Security Instrument, whether or not Then due, with the cxcaaa, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,, destruction. of loss in value of the Property, the Miscellaneous Proceeds shall be applied to the mums secured by this Security Instrument, whether or not then dug with the excess, if any,paid to Borrower. Is the event of a partial tatting, destruction, or less in value of the Property in which the fbir market value of the Property irmutodiately before the partial taking, destruction or tots in value is equal to or granter than the amour of the stuns sensed by this Security Instrvntmut immediately before the partial Wring, destruction, or loss in value, unless Borrower and Linder otherwise agree in writing, the sutras seetaed by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following &=I=: (a) the total amount or the sums secured.immediately before the partial taking, dcauction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction,or loss in value. Any balance skull be paid to Borrower. In the event era partial taldng, des I Me 00. err loss in value of the Property in which the fair market value of the Property Immediately before the partial taking, destruction, or loss in vah m is less hues rho stern of the sums secured inmediatcly befbre the partial toting, destruction, or loss in vnlae, unless Borrower and L=da otherwise agree in writing, the 'scNla[ucopa Proceeds shall be applied to the sum secured by this Security Imm t nwd whether or net the stuns are then dm If the Property is abandoned by Borrower. or IG after notice by Lender to Borrower dust the Opposing Perry (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrows fails to respond to Lender within 30 days altar the data the notice is given, lender is nuthOS2ed to colic t oml apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument. whether or no then due. 'Opposing Party' means the third party that owes Borrower Misullanews Proceeds dt the party against whom Borrower has a.right of action in regard to Miscellmems Proceeds. Borrows shall be in default if any action or proceeding, whether.civil or criminal, is be8tm that, in Lmtder'a judgment, could result in forfeiture of the Property or other material impairment of Lender's iniercsi in the Property or rights under this Security Instrument. Borrower can cae.sueh a default add, if acceleration has occurred, reinstate as provided in Section 19, by causing due notion or proceeding to be dismissed with a ruling that, in Lender's judgment precludes forfeiture of the Property or other material impairment of Lender's interact in the Property or rights under this Security Instrument. The ptomeds of my award or claim for damages that are an,ibuable to the impairment of Leaded a interest in the Property are hereby witigted and ship be paid to Lcndar. All Miscellaneous Prvxeds that arc not applied to restoration or repair of the Property shall be applied in ale order provided fbr in Section 2. It Borrower Not Released; Forbeamam B,v Lender Net a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by lender i 351-89681167 CAUFORN116-$(omfamily-Fam+M NaafF+addN Nee U""am tN$TgUNENT VY� tTN MHt$ Fdmn 2006 teat vMP®�A(CA)tO+t+l nrwva+a nos LCMJ_Gi.QAltl"[r SAN BERNARDINO.CA Document:TD 20IIA94481 Page:9 of 18 Printed on:7/2412012 4:42 PM 07/25/2012 05:26 9096469218 STAPLES PAGE 12/17 P780 Branch :OCC,User:3600 Title Officer:00 Order:0000000 Station B):PVM to Borrower or n+nl'Successor in Interest of Borrower shall.wt operate to release the liability of Borrower or any Successor;in Ira—esx of Borrower. Lander shall net be required to commc oe prooesdingx against any Success= in Intel of Borrower or to refuse to extend time for payment or otherwise modifq amortization of the sums sensed by tltia Security 3nstr meat by reason of ary daomtd made bS'the original Borrower or any Succamom in Interest of Btmrower. Any forbearance by Lender in exercising any right or ranody including, without limitation, Lender's acceptance of payments from third persons, cmides or Successors in Interest of Borrower or In amounts laser than the amount then due, shall net be a waiver of m Preclude the mercisr of any right or remedy. 13. lobar and Several LiablBhrl Ce-tittners. Sncecawrs aml Assign+ Bionrat Borrower covemmnts I and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who 1 co-sigats this Security Imstrtmern but does nol execute the Note (a "co-sip7ter"7 (a) is cc�xigning this 1 Seear9ty Instrument only to mongage, gram and convey the comma 's interest in the Property under the terms of this Security insdumene (b)is not pavanally obligated to pay the sums secured by this Security IInatommt, and (o) agrees Oral Lender and any other Borrower can agree to extend modify, forbear or ` make any accommodations with regard to the tame of this Security Instrument or the Note without the oo-signr's consent. Subject to the provisions of Section 18, ray SMaml or in Interest of 80Tr0ere7` who asaamm Bar owee a obligations made,this Security Irmtrtvnent in writing, and is approved by Lender, shall obtain all of Borrower's right; and bencrim under this Security lnatrvaaut. .Borrawa . ftU net ben Mass from Borrowe c obligations end liability under this Security Instrument emles Lender agrees to such rele use in writing. The covemots and agreements of this Sawnty Instrument shall bind (mcept as ptovidal in Section 20)and bamfn the soecsssors and es6(gns of Lender. 14. Loan Charitet. Lender may charge Borrower fees for s h`c3 performed in eorneetion with Borrower's default, For the purpose of prolectmg Lender's interest in the Property and rights under this Security Tr m zr mt, including. but not limited to, amorneya fees, property impec on and valuation fora, In regard to any other fer_s, the absence of express authority in this Security Instrument to charge a specific fs to Borrower shall rut be constrscd as a prohibition an the charging of such fee. Lander may not charge fees that an expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loin tbages. and that law is finally interpreted so that the interest or otter loan charges collected or to be wllectcd in mnneaion with the Inn exceed the permitted limits, then: (a) Wry such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and(b)arty starts already collected from Borrawc which exceeded permitted limits will be rd6nded to Borrower. Leader may choose to make this reflmd by reducing the principal t owed ender the Note or by making a direr payment to Borrower. if a refiand reduces principal, the reduction will be treated as a pares prepayment without any prepayment charge (whether or not a p,epaymtm chap is provided for under the Note). Borrower's acceptance of any such reflmd made by dircex payment to Borrower will constitute a waiver of any right of action Borrower ought have arising out of such ovcrdwge. 15. Notices All notiocs given by Borrower or Lender in caueetimr with this Security lrastram ent must be in wridntt. Any notice to Borrower in connection with this Security Insusanent shall be deemed to ban been given to Borrower when mailed by first class marl or when actually delivered to Borrmveeft notice address if sett by other means. Notice to any one Borrower shall oonstittte notice to all Borrowers unless Applicablt Law expressly requires otherwise The notice address shalt be the Property Address u feu Borrower has designated a substitute notice address by notice to Landes. Borrower Shall promptly notify Lender of Borrower's change of addreits. If Lender specifies n Procedure for reporting Bonower's chatge of addmq%, them Borrows shall only report a change of address through that specified procedure. There may be only one designated Mice address ander this Security Inatrunant at any one time. Any notice to Leader shall be given by delivering it or by mauling it by first cb m mail to.Leader's address stated berem aaleas Lender has desgnated another address by notice to Borrower. Any nob in connection with this Security Instrurent shall not be deemed to have been given to Lender until actually received by Lender. if any notice required by this Security Insmi m a is also required under Applicable Law, the Applicable Law resltdraaent will sadtdy the corresponding requirement under this Security in+timmrnart. 351-991981167 CAU110A 11ASingle Famay.Faarda Musn addle Mac UNIFORM IMSMMENT WITH fAESS Faen 300s 1101 VMP6.6AtCA)ca7ln) op.cans ere ronuu 1 SAN BERNARDINO,CA Document:TD 2011.494481 Page:10 of 18 Printed on:7124/2012 4:42 PM 07/25/2012 05:26 9096469216 STAPLES PAGE 13/17 P781 Branch :OCC,User:3600 Title Officer_: 00 Order;0000000 Station ID:PXH1 16, Geoven Ing IAW, Sevembiller, Ralet of Cm mtcfbn. This Security In n"mtett shall be governed by federal law and Use low of the jurisdiction in which the Property is located. All rights and I obiigationa contained in this Security Inctrarmeat are subject to any requiremrnh axed i;m;atieac of V Applicable Law. Applicable Law might explicitly or implicitly allow the partim to agree by contract or it night be silent, but Hoch silence shall not be construed an a prohibition against agreement by cone mt To ! the went that any provision or clause of this Security Instrument or the Note conflicts with Applicable j Law, such conflict shell not alTect other provisions of this Security instrument or the Note which can be 1 given effect without the conflicting provision. iAa used in this Scarily Imtrtemmt: (a) words of the ntascuthme gender shall reran and include i corresponding Muter words or words of We feminine gender: (b)words in the singular shall mean and Include the plural and via vcna: and(c) the word "may" gives note discretion without any obligation to take any action. 17. 6unrewer"a Copy. gorrower nball be inven one copy of the Note and of this St:ewity laatrument. I& Transfer of the Property err a Beneficial fatcrast 100 Borretrar. AS eased in this 5013itm 18, "Interont in the Property" mm ss any Icgal or beneficial interest in the Property, including, but net limited to, those bcmBciat imerwin ramforted in a bond for deed, comma for decd. InstalimmR sales conn'act or I, screw,aWeeme tit.the intent.of which is tits transfer tlf title try HOit'OVVar m a.Triers date to a purchaser. IF all or any par of the Property or any Interest in the Property is sold or transferred(or if 130 nowar it net a natural person and a beneficial interest in Borrower is sold m trsosfirted) without ILcnde e k prior i written consent, Leader may t'egtdre immediate payment in full of All stars,, segued by this Security lesmon of However, this option shall not be exercised by Lander if nude exercise is probibited. by Applicable Law. IF Lender exercises this option, Lender shalt give Borrower notice of eccelaatiem. The notice shall provide a period of not less then 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sunot secured by this Security knstrumait If BotrOwes faits to pay these sums prior to the expiration of this period Lender may invoke any remedies permitted by this Security Instrument without Awther nation or demand on Bonawer. 19. Burrnwer'a RSM to Refmtami After Acceleration, If Borrower meets certain conditions. Borrower shall have the right to have bffoee ement of this Security Itrstnnnent ditawminued at my time prior to the earliest op (a) five days before sale of the Property pursuant to may power of safe contained in this Seemly Ins omen, (b) such other period as Applicable Lavr might specify for the termination of Berrowces right to teistctate: or (c) tatty of a judgmesat enforcing this Security instrutmonI. Those ... tioats me that Banamm (a) pays Lender all scans which tbm would be due under this Security Instrument sed the Note as if rc acceleration had occurred; (b)cures any default of any other covenants or agrmmemta; (c)pays all expatsce inemred au en forcing this$entity instrument, iMluding, 17ot not limited te, rrnmnable etiornays' ftlec property irupeafon oral valtWtim and other fees incurred for the ptnrlwae of protecting Lender'a iatcrem ion tits Properly and rights umdor this Sernrity Ittetrvmentr eml(d) talcs nosh salon�ty der may r+x+aombly require to assure trim Lenda"a ;merest in the Property and tamdar this lnetrament, and Boxrowdn obligation to pay clue norm seeuacd try this Sxurrity L mre unchaLcndar axed to oM re o£tltt following fortis, ax �a' y Lender. (a) emir ne d heck, bank check, atasnrea's k or eAaly providearty such cheek upon nstitution wheue dcposils arc irtstvmd by a faders!ainstrtanSanality err catly; d)Electronic Funds Trmnekr. Upon reinstaternaat by 13exrower, this ty Inetrumaut atM obligations aecttred herby i shall rema;n toffy aRecHve as iF ter eceei coon'Mel oex:emtxl. However, this right to rcinxWe shatl not apply in the ease of accderatitm under Section I8. �i 20, Sak of Note:Change of loan Services,Notilm of Cirlevarim The Note or a partial inno est is 1 the Note(together with this Security lnstrwncot) can be sold amt or more thaw without prior notice to Borrower. A salt might result in a change in the emity (known ere the -Loan Servicer") that�collects Periodic Payments due under let Noe and Weis Security Instrument and. perform other mortgage loan servicing obligations under the Note, this Security Irrstnmwutt, and Applicable Law. There also might be one er more changes of the Loan Servicer unrelated to a sole of the Note If there is a change of the Loan Service r, Borrower will be given written notice of the change which will store the name and add'=of the new Lean Services, the address to which paymmtc should be made and mty other information RFSPA 351-89681167 CALIFORNIAZIngle Famiry.Fann4 MealFmndthe Mac UNIFORM INSTRUMENT WITH Form 1000 7161 VMP9.6A(CA)m?ttq r•1•++++5 aeeea; SAN BERNARDINO,CA Document:TD 2011.494481 Page:11 of 18 Printed on:7/24/2012 4:42 PM 07/25/2012 05:26 9096469218 STAPLES PAGE 14/17 P782 Branch:OCC,(lser:3600 Title Officer:00 Order:0000000 Station ID:PYHI E requires in eounx-tioa with a notice of transfer of servicing. If the Note is mid and ttrcemRer the Loan is serviced by a Loan Servicer other than the purchaser of the Noe-, the m,.. p e loan servicing obligations to Borrower will rennin with the Loan Semiser or be transferred to a suooessor Loan Services and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join. or be joined to any judicial action(as either an r individual litigant or the trcmber of a elan) that arises from the Otber partys aotitmm pursuant to this i Security Instrument or that alleges that the other party has breached any provision of: or any duty enved by i reason OE this Security Instrument. amil such, Borrows or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged broach and afforded the 1 other party hereto a rewbrable period after the giving of wch notice to take correadve action If Applicable Law provides a time period which strut elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure Riven to Borrower puravant to Section 22 and the notice of aacelcadoa given to Borrower pursuant to Section 18 stall be deemed to satisfy the notice and oppotwrdty, to tote corrective action provisions of this Section 20. 21. fiazardoas Substattem. As used in this Section 21: (a) "Hazardous Substances" are those subsmnm defined as toxic or hmxdous substances, potluinno, or wastes by Eavi manan I Law and the following substances: gasoline, kerosene, other oaecnable or toxic petroleum products, toxic peatioides and herbicides.wintile solvers, meteriaLs containing asbestos or formaldehyde, and rodioxiix tmtesinis; (b)"Envbonnental Law" nim federal laws and laws of the jurisdiction where the Proper y is located that relate to health, safety or xstviromnrnml protec i m, (e) "Ervirontranal Cleanup" includes any response action, remedial action, or removal action, w defined in Environmental Law; and(d) ® "Environmental Minn" mctns a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shoo not cau>,se or permit the presence, use, disposal, storage, or release of any Hzzatrdous Substance& m threaten to release coy Hazardous Substances, on or in the Property. Borrower shoo not do, nor allow anyone ebe to do, anything affecting the Property(a) that i< in violation of arty Envirmunenal Lew. (b)which creatau an Environmental CoMidon, or(c)which,due to the presence. use. or Manse of a Hamrdaus Sdbnance, great-s a condition that adversely affects the value of the Property. The preceding two watenczs sbao not apply to the pane nce, vae, or storage on the Property of small quantities of Hazardous Substance% that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including, but not limited to, hazardous subwarxes in consumer products), Borrower shall promptly give Lender written notice of(a)any investigation, claim, deer el,_lawsuit or other action by any governmental or regulatory agency or private party invotving the Property and any llazartotas Substance or Environmental Law of which Borrower has *cool knowledge, (b) arty Environmental Conditim including but not limited to, arty spilling,}caking, discharge,release oft!" t of release of arty Harardora Substance, and (c) ray condition caused by the presme, use or release of n Hazardous Substance which adversely affects the value of the Property-If Borrower leans, or n notified by any governmental or regulatory authority, or any private patty; that any tenoval or other rconed ation of any Hazardous Substance affecting the Property is necessary, Borrower shell promptly take all accessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lefler for an Environmental Cleanup. 357,-89681167 CALIFORMIA•Sinpte FamllyfenMa 11194M MOM Mae UNIFORM INSTRUMeWT 14RN MOM Font 3006 1101 VMP94A(CAI(ar,,) Pa1.1tYr1 r.Rp�c SAN BERNARDINO.CA Document:TD 2011.494481 Page:12 of 18 Printed on:7124/2012 4:42 PM 07/25/2012 05:26 9096469218 STAPLES PAGE 15/17 P783 Branch:OCC,User:3600 Title Officer: 06 Order:0000000 _ Station ID :PYHI NON-UNIFORM COVITIANTS. Borrower and Lender Gardner covaeent and agree as follows: 22. Acceleration:Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breech of any covenant or agmemtent in slits Security instrument (bat tat prior to aeeelernlioa under Section IS and" Applicable Law provides otherwise). The aodee shall specify: (a) the default;(b)the Action requdred to cum the default:(c)a dole, not less than 30 stays from dre dam the notice is given to Borrower. by which the default mast be cured: and (d)that failure to care the default an or before the date specified in the notice may rests t In aetcieratiea of the mms secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the i right to reinstate after aeceteradoa and the right to bring a court action to assert the notres(stance of a default or any other defense of Borrower to acceleration and sale. if the defaun fA not cured on or before the daft specified In the notice.Lender at Its option may require immediate payment to full of all stems secured by this Security Instrument without further demand and may invoke the power of .! sale and any other remedies permitted by Applicable law. Lewder shall be entitled to cancel All expenses Incurred in pmaaing the remedies provided in this Section 22, including. but not limited to, reasonable attorneys'fees sad costs of title evidence. If Lender hu►okt%the pourer of sale.Lender shall exeeate or came T.mWe to execute a %.Used notice of the oecurmnee of an event of default mad of Lender's election to came the Property to be sold. Trustee shin coon this notice to be recorded in each county In which any part of the Property Is located Lender of Trustee shun man copies of the notice as prawTibed by Applicable Law to Sorrower and to the other persom prescribed by Applicable Law. Trustee shall give public notic of sale In the person and in the manner peescribeti by Applicable Law. After the time required by Applicable I.mt,Trustee, without demand as Borrower. shall tall the Property at public nuetlan to the highest bidder at the time mad place and under the terms designated in the notice of sale In one or more patents and in any order Trustee determines Trmtoe may postpone sale of cat or Say pared of the Property by pudic announcement at the time and place of any previm�sly sehciderl sate. Lender or its designee may purchow the Pt ape r13 at any saM Trome shall deliver to the purchaser Trustee's deed conveying the Property without any covennul or warrouty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the troth of the statements made therein. Trustee shall apply the proceeds of the Ale in ' - the following order: (a)to on expenses of the salt, indndlag, but not limited to,reaaonaMe Trustee's and Satin ley5' teen (b) to all sans secured by this Security lnstrameub. And (c)any excess to the (mecca or persons la(;aft sinned to it 23. Reeooveyance. Upon payment of an sums secured by thins Sccmity Instrument, Lander shall requtaa Trustee to roconvey the Property and shall surrender this Shzurily Instrument and all mores evidencing debt secured by this Security Immanent to Tress re, Truett: shall m000vcy the Property without warranty to the person or persons Icadly tattled to it Lender may C1Mr m 5UCb person or persons a reasonable fee for reconvoying the Property, but only if the fee is paid to a third party (.web ns she Trusta:) for scrvixa rendered and the charging of the feu is permitted under Applicable Law. If the fee Chia does not exceed the fee set by Applicable Law, the fee is conclusively pestan d to he reasonable 24. Substitute Trmlec. Lanier, at its option, may from time to tux appoint a sucxssor trustee to any Trustee appointed hereunder by an insnvman executed and acknowledged by Lander and recorded in l the office of the Recorder of the county in which the Property is located. The instrument shall contain the ? name of the original Lender. Trustee and Borrower, the book and page wham this Sawrhty instrument is recorded and the name and address of.the successor trustee. Without conveyance of the Prop", the saexxssar nuum shall sucecod to all the tide, powers and duties confermd upon the Trustee herein and by Applicable Lew. This procedure for substitution of trustee shall govern to the eedusion of all other provision for substitution. 25. States em of Obligation Feu Lender may collect a Av not to exceed the mixtimurm amount permitted by Applicable Law for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of CAliforda. 351-89691167 CALMMINASIrVe Fu Mdy.FanrdvMae(Froddto Mac UNWORM 01SM11E1T WITH MFBS Form 3005 1101 V MPd.5A(CA)tot tt) Mw U A is 1 SAN BERNARDINO,CA Document-.TD 2011.494481 Page:13 of 18 Printed on:7/2412012 4:42 PM 07/25/2012 05:26 9096469210 STAPLES PAGE 16/17 P784 Branch:OCC,User:3600 Title Officer:00 Order:00011000 Station ID:PYHI t The taideraigned Borowe requests d+at a Dopy of aaq'Notice of Default and my Notice of Sale under thin Security leatn mmi be mailed to the Borrower at the addeiss set forth above. A CMY of any Nndm of Default and arty Notice of Sale will be"Tit only to the addrew contained in this recorded roquem If the Borrower's address ChWT s. a new request mu!n be recorded. BY SIGNING BELOW, Borrower acccpta and agrees to the teems and rnventmts contained in this Security Tmdnanent and in any Ride executed try Borrmver and recorded with it Witneaaea: (Seal) .� (sml) (Seal, .Bmro.ar .tia„o.,� (seaq (seal) . - .B,n,,.er •nmrv.et (seat) (seal) .Barov. -Borro..er 351-89681167 CALIFORNIA-SwIm,Family-Fannl*MmUFnWdlr Mx UNIFORM INSTRUMENT WITH MFRS Fmm 3066 1181 VMPn4A1CA)tartry ^�1-ee It f 1 SAN BERNARDINO,CA Document:TD 2011.494451 Page-14 of 1S Printed on:712412012 4:42 PM 07/25/2012 05: 26 9096469218 STAPLES - PAGE 17/17 P785 Brunch:OCC,User.'1600 Title Officer:00 Order!0000000 Station ID:PYM i i State of California tl. County of givemidp- On {•!©Y 3 2011 beforeme, ,7 SS1Cl�7 r'f mor), (��1^t__)afptblio �eol�c rtta rr�o a nA L..o des W /naxiao TTM+SY i who proved to me an the bads of satisfactory evidatee to be the persem(s)whose nmec(s)-%i✓me subscribed to the within ioserument and oemrowledged to me that A%e(4ha/thcy mewed the same in-"OM/their authorized capoettyfien), and that by4;A4 ar/their siFwturds)m the iwmn t the person($). or the rntity upon behalf of which the person(s) acted executed the ulgr==t I cwtify tuoler PENALTY OF PERjLrRY under dre law%of the State of California that the foregoing pamgmA is true and correct. WrTSMSS my hand and official wAL sm911 La/K..C�l �aMq (Seal) COMM. 0,19519M ittNatttba raur" Comm.eon St t S91S . 351-99601167 CALIF0RMA-5WVe FmMiyfannia NaelFrodaM Mae UNWORM 1NSTRUM191T W ITN saws Pena SM 1101 VM1a0-6AtC>timr11j ow'sa+e M% SAN BERNARDINO,CA DocumentTD 2011.494451 PaRc:Is of 18 Printed on:712412012 4:42 PM P786 Neighborhood Petition To Stop SCI Fung'TYPAomeH O CUCAMONGA File Number DRC201 1 -01 094 & 01094D This funeral home would change-the tone and ambiance of the neighbor' ten he c ve nd would have a deleterious impact. Pie ase si n this etition and let our v a No. Date Name Address Comments Signature P787 Neighborhood Petition To Stop SCI Funeral Home File Number DRC2011-01094 & 01094D This'funeral home would change the tone and ambiance of the neighborhood -Threaten the enclave and would-have a deleterious impact. Please si n this petition and let your voice be heafd. No. Date Name Address Comments knature P788 Neighborhood Petition To Stop SCI Funeral Home File Number DRC2011-01094 & 01094D This funeral home would changethe tone and ambiance of the neighborhood. Threaten the enclave and would have a deleterious im act._Please sign this etition.and let 'our voice.tie:heard. . No. Date Name, Address Comments si nat P789 Neighborhood Petition To Stop SCI Funeral Home File Number DRC201 1 -01 094 & 01094D This funeral home would change the tone and ambiance of the•neighborhood..Threaten the enclave and si would have.a deleterious impact. Pie se n:this etition and let Our:voice.be'heard. '. No. Date Name Address Comments Signature P790 Neighborhood Petition To Stop SCI Funeral Home File Number DRC2011 -01094 & 01094D This:funeral home would change.the tone and ambiance of the neighborhood.Threaten the enclave and Would IiaJe`a deleterious impact. Please sign this petition and'let our'voicer6e heard. No. P791 Neighborhood Petition To Stop SCI Funeral Home File Number DRC2011-01094 & 01094D This funeral home would Change the tone and ambiance of the neighborhood. Threaten the enclave and would have a deleterious impact. Please sign this'petition and let your voice.be heard. No. . ��.. P792 Neighborhood Petition To Stop SCI Funeral Home File Number DRC2011-01094 & 01094D This funeral home would change the tone and ambiance of the neighborhood jhreaten the enclave and would have a deleterious impact. Pleasezi do this.petition and:let yourvol ce be:heard. No. Date Name Address Comments Si nature, - P793 Neighborhood Petition To Stop SCI Funeral Home File Number DRC2011-01094 & 010941) This funeral home would change the tone and ambiance of the<neighborhood. Threaten the_.enclave and would haven deleterious im act. Please si n this etition and'let ourvoice be:heard. No. `� X� 794 Neighborhood Petition To Stop SCI Funeral Home File Number DRC2011-01094 & 01094D This funeral home would charige.the tone and ambiance of.the.neighborhood.Threaten the enclave and would have a deleterious.iin act..Please-"§i n this.° etition and`let our voice:be'heard. No. Date Name Address Comments Signature From: the residents live near the proposal funeral home To: The Planning Department, City of Rancho Cucamonga, P.O. Box 807 Rancho Cucamonga, CA 91729 Subject: AGAINST the proposal of a funeral home near our home. Your file number DRC2011-01094 & 01094D Dear Sirs, If we put a funeral home next to your home, will you like it? We are living in a community close to Etiwanda Ave and Candlewood Street. We selected moving in this city because it's outstanding dedication to healthy living for residents. The city has a long tradition of forming partnerships to achieve goals for Bringing Health Home. Now a new funeral home is proposal to build just right among the extremely crowed residential area, will a funeral home bring the residents a healthy environment? Besides, at least the following impacts will effective right away: 1) If a FUNERAL HOME opens here, the visitors to the Victoria Garden Open- Air Mall will be reduced; no one would like to shop near a funeral home. 2) National Fish Co, (a famous big Restaurant) is just crossing Etiwanda Ave, what an eating atmosphere became? 3) The FUNERAL HOME is just next to 15`" Freeway, it will absolutely cause traffic jam. 4) The City Council's long term commitment to a "Healthy RC" will become joke. P796 5) The home value around the proposal funeral home will become cheaper and cheaper. It really reduces the property tax income. On Mar 8 2012, you already held a community meeting and you already heard a lot of voice of against the proposal from the public. But it is very regret that you still want to open another public hearing now. The impact from a funeral home to the environment is not only physically, but spiritually. When you open your window what you see is not a beautiful, happy, living people or animals, but instead a horrible, death, sad negative image. Will you like to live there? Also please feels and pictures that every night you have to sleep with so many dead bodies just next to you, it really make you vomit and sick. What an environment? At last, please do not force us to strike on the street for this case. - Nov 01 12 06:29a Wendy Sandoval 9098994848 p2 Please let your voice be heard andjoin the community In preventing SO-milding a proposed funeral home at the corner of E signatures-Page 3 10131(12 4FV" Comments: No funeral home please!I!!!!!!!!! Flag 133 Name: David J.Lord on Jul 17,2012 Comments: Flag 134 Name:CHARLES RITZ on Jul 17,2012 Comments: Flag 135 Name:Owen St Germain on Jul 18.2012 Comments:I live directly across the street on Etiwanda from this proposed site and I don't want this to be built here. Flag 136 Name:Jung Kim on Jul 18.2012 Comments: Flag 137 Name:Kestermann on Jul 18,2012 Comments: Please remove my email address from your computer.This is a one time vote. Flag 138 Name: Thomas F Reece on Jul 19,2012 Comments: Flag 139 Name:Jim Losquadro on Jul 20,2012 Comments:Absolutely NO FUNERAL HOME on Etiwanda Ave/Candlewood.This is a residential street with too much noise and traffic already.Ebwanda is a screwed up street anyway- It narrows,it widens,it has no turning lanes.It has set backs and then no set backs.Whoever's"Masterplan"for Etiwanda Ave this was a joke. Its a mess and does riot need to be worse.You can't even turn into the post office with out getting nearly rear-ended.Cars speed down Etiwanda between Baseline and Church St at 60-65 miles per hour. its unsafe.No Funeral Home!!!I!!!I Flag 140 Name: Kenneth on Jul 20,2012 Comments: Flag 141 Name:Kenneth Pollich on Jul 20,2012 Comments: Flag 142 Name:Tami Hernandez on Jul 21,2012 Comments:no mortuary Flag Page 6 of; hrtp:llun^r+.ipetitions.com!petition/no>-to-scl-funeral-homel signal ureslpagel3 ATTACHMENT 0 Nov 01 12 06:29a Wendy Sandoval 9098994848 p.3 Please let your voice be heard and Join the community in preventing sC1...uilding a proposed funeral home at the corner of E signatures-Page 3 10131114 4:P79t 143 Name:Tami Hernandez on Jul 21,2012 Comments:no mortuary Flag 144 Name: Martin Huang on Jul 21,2012 Comments:To prated your hone value,you must stand up and fight,no one will fight for your interest. Flag 145 Name:Sean Markey on Jul 23,2012 Comments: Flag 146 Name:Denise Markey on Jul 23, 2012 Comments: Flag 147 Name: Richard Dahler on Jul 23,2012 Comments:We will do what ever is necessary to fight this.if you require my entire office to come down and express our views,we will be happy to show up. Flag 148 Name: Leonita Hermosila on Jul 24, 2012 Comments: Flag 149 Warne:Richard Mercado on Ju124,2012 m Comments:I appose bringing a funeral home to our community F lag 150 Name: Nausheen Rafique on Jul 25, 2012 Comments: Flag « c 1 2 3 4 s u Page 7 of http:i/V .ipetitions.coMIpetition/no-to-sci-funeral-home/signatures/page/3 Nov 01 12 06:30a Wendy Sandoval 9098994848 pA Please let your volm be heard and Join the community in preventing sci...uilding a proposed funeral borne at the corner of E signatures-Page 4 10/31/12 4:PM Home>Categories>Other> Please let your voice be heard and join the community in preventing SCI Funeral Services lnc.from bt8kfitipra heard Please let your voice be and join the community preventing SCI Funeral Services Inc. from building a p opose funeral • at the corner of Sign Bldg Email friends 158 « < 1 2 . 3 , 4 151 Name:Mohammad Adnan on Jul 25,2012 Comments: I am against the proposal! Flag 152 Name;Anonymous on Jul 25,2012 Comments:No funeral home please. Flag 157 Name:Anonymous on Jul 26, 2012 Comments:We strongly oppose to a funeral borne around our neighborhood.SCI should take their business elsewhere more appropriate.NOT within a residential area!! Flag 154 Name:Cynthia Vandedinden on Jul 26, 2012 Comments: Flag 155 Name:Anonymous on Jul 26,2012 Comments:no funeral home Flag 156 Name:Anonymous on Jul 26,2012 Comments:The birth of a funeral home brings death to a community. Flag 157 Name:James Rodriguez on Jul 26, 2012 Comments: I do not want this in my neighborhood. Flag 158 Page 1 of: hnRI/ .ipe titions.cotn/petitlonlno-ta-sci-funeral-homelsigmwTmipagef4 Nov 01 12 06:30a Wendy Sandoval 9098994848 p.5 Please let your voice be heard and join the community in preventing SCI...uilding a proposed funeral home at the corner of E signatures-Page 4 10/31112 4F,800 Name: Eddie Wang on Jul 29,2012 Comltmnls: NO SCI IN 91739 Flag e 1 2 3 , 4 Page 2 of hitp.i/w .ipeiitions.comlpeuttw/no-to-s l-funeral-homelsignatures/pa9e14 P801 Attachment P Binder Submitted by Residents October 31 , 2012 ** Please note** Highlighted/underlined numbers referenced on pages 2 through 17 refer to the tabs in the original binder received . Tabs have been replaced with inserted pages. Please see the example on page 18. ATTACHMENT P P802 You have been entrusted with the welfare of the public . We are trusting that y make the right decision . CRY OF RAMNO EUCAMOM P803 OCT 31 2012 Impact of a Funeral Home RECEIVED - PLANNING What our city demographics show, is that Rancho Cucamonga is not a retirement Community, with just 7.9% of our population over the age of 65, t=l and vnrith tl2P rertaint�r that our morn,�i latinn is lily.ng lodger than ever, 3`—°-•r this leaves very few residents for a funeral home to process. Though we recognize that people of all ages die, the majority are over 65 years old. There is no way to justify this project as being "for the greater good of the entire community" the city demographics do not support this claim. The notion that this city is underserved by mortuaries is absurd. Etiwanda Gardens, directly across the street from the proposed site already performs the functions proposed by the applicant. There is no need for the residents of Rancho Cucamonga to go outside the city for funeral services, we are currently well served by the existing funeral service providers including The Cucamonga Mortuary already operating within the city. tU As well as any number churches in the area. These service providers are easily found in the Yellow Pages. The City's current providers have effectively and discretely handled all aspects of funeral services. All without large conspicuous facilities, and they have done so in a low-key manner. We all agree that funeral services are necessary and our current providers already operating in this city continue to meet the needs of the community. Z P804 This is what our community wants. Not an in-your-face, sixty nine hundred square foot facility that goes against the grain of the historic neighborhood. In addition, this funeral home can only cause a "redistribution" or a shift in funeral services...taking business from our existing independent providers. All tax benefits and Capital Improvements to City land, such as the widening of Etiwanda and employment through construction, landscape and regular day to day business is not unique to a funeral home. Any business at the site will be obligated to make these same improvements to infrastructure and employment. "Dignity Memorial providers offer exclusive benefits, including their National Transferability of Prearranged Services, the Bereavement Travel Program." Lj This program is used in much the same way as a timeshare program works. A customer can trade in their service from any of over a thousand mortuaries they own, for a service elsewhere. Trade your funeral service in a highly developed commercial area surrounded by fast food, gas stations and car washes, for a service in beautiful historical Etiwanda. They are not providing a "much needed" service to our community in as much as they are using a sales tactic and marketing tool which will place a huge burden the local community of Etiwanda with services for the deceased potentially transferred in from other areas. We don't want to end up being the upscale mortuary everyone wants to have their services at. 3 P805 The Residents are aware that Cremation is not permissible at the proposed site. The fact that this proposal does not include embalming services at this time, means nothing. The Applicant refers to this project as a "Traditional Full Service Funeral Home". Mike Smith stated; there is nothing in place in the General Plan or the Etiwanda Specific Plan to stop them from requesting to permit these services in the future. We believe once they are established they will garner the permits necessary and begin embalming. "f' P806 Psychological Impact, Testimony & Letters The emotional and impassioned pleas of a community were heard at the Planning Commission meeting of July 25th, 2012. Laj A veteran who fought for our freedom, who served two tours of Vietnam and suffers from PTSD, spoke about his condition, and how it exactly pertains to death, how he cannot get the smell of death out of his nose. How no one could know how badly this will make him suffer. Another veteran who recently served two tours in Iraq spoke of how he never dreamt he would face death again so closely, much less in his own backyard. People spoke of how helpless they feel, not to be able to protect their children from this. How a little child who is unable to sleep at night without a light on, overlooks the proposed site. A young boy testified that he has asked his parents to move because his father is a police officer and he already faces a daunting task every single day, of the constant reminder that his father may not come home. P807 We heard a teenage young man describe his happy life in a foster home and how that will end for him and his young brother because they have faced enough death in their life and will have no choice but to ask to be placed in a new foster home. We read letters from people who are begging you, for their family's sake, not to allow this project to go through. From a resident who suffers from cancer, who began to shake while reading the notice, and how excruciating it is to have one's mortality brought to the forefront of their family life at this difficult time. We read a letter from a psychologist notifying you of the possible adverse psychological effects to the community. You see, the psychology of death is a study in itself. We heard the community speak out in force against this project. tQ We both read and heard residents take issue with the obsolete zoning laws, the loss of real estate values, the safety of children walking to school, the traffic issues, as well as emotionally compromised bereaved drivers, and the fact that there already exists a site, grandfathered in that holds funerals, weddings, banquets and community events. We've heard many complaints regarding the placing of a funeral home amongst the historic homes, historic points of interest, the Filipe Winery and the upscale Victoria Gardens Lifestyle Center. (O P808 We've read letters from local business's who feel they will be adversely affected, as well as complaints from employees of local business's and of Victoria Gardens Mall. We read a letter from a realtor who stated that he understood the how truly vested a homebuyer is once they purchase their property. I'm asking you now, to think about your home. Think about your childhood home. Think about your children, and your grandchildren. Home is where you build your LIFE. Family gatherings at the holidays, the warm loving feelings of Thanksgiving and Christmas. Birthdays, Graduations, LIFE. That's what happens in our homes, LIFE. r7 P809 Facts to consider The Asian population have, inherent in their culture the concept of Feng Shui M.1 wherein avoiding houses located near sources of Yin or (negative energies) such as a hospitals, cemeteries, mortuaries, landfills or power plants. This affects the ability of many Asians to live in or purchase homes in the area. Historically, . residents from all over the country have always fought to keep funeral homes out of their neighborhoods. There are many civil and court cases going as far back as the 1930's. The establishment of a funeral home would be a constant reminder of death to the surrounding neighborhoods. Appreciably impairing the resident's happiness, or weakening their power to resist disease. Such an establishment would interfere greatly with the comfortable enjoyment of a family's home to which its owners are entitled. The residents of Etiwanda believe that the information presented in the Staff Report shows the city of Rancho Cucamonga failed to act in a neutral manor and has shown clear support for this project, against the outcry of over 250 residents who oppose it. Please take into consideration the role of the General Plan to protect our historical environment with the overarching goal of maintaining and enhancing the health of Rancho Cucamonga and our residents. 8 P810 A&B 31 letter from SCI's - HMR Architects to the City states "The general tone of the remainder of the meeting was that the public does not want a funeral home in this location. LLOJ A&B 75: Is a City Memorandum written on City letterhead addressed to the Mayor, every member of the city council, the City Manager, the Assistant City Manager and the City Planner. 11. The memo states that a woman named "Grace Martinez" who attended the March 8th Neighborhood Meeting and who called the residents behavior rude and disruptive and "repeated several times that she was disappointed with the meeting because the "evil forces" in the room" was disappointed with the outcome of the meeting. Grace Martinez does not appear to be a resident of Rancho Cucamonga. She did not sign in at the neighborhood meeting. The phone number she gave belongs to an alcoholic beverage company called Island Oasis who state that she is not in any way associated with their company. Of the hundreds of residents who called the city to voice their concerns, how did one individual merit a City memo on City letterhead while the entire rest of the community who called were routed to Mike Smith? A &B 132 An email between Donna Kendria and John Thai: The general tone of the letter is; "another piece of good news is they are not asking for a crematorium only a funeral home." 12. P811 Title 17 the Development Code states: 1. To implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan 2. To protect the physical, social, and economic stability of residential, commercial, industrial, and other land uses within the City to assure its orderly and beneficial development This project will be detrimental.to the public health, safety or welfare. LI3.J California Civil Code 3480 states: "A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. 14. California Civil Code 3494 states: "A public nuisance may be abated by any public body or officer authorized thereto by law. l� P812 Business Practices of Service Corp International In the death business, SCI. is a giant in the industry whose original business plan to "cluster' funeral homes has become a worldwide multi-billion dollar business. (15.) The business practices of this industry giant have been extensively documented by the news media. The CBS news documentary 60 minutes portrays shocking and gruesome depictions of mass graves and broken burial containers in Burr Oaks, IL. "They are accused of removing headstones, digging up coffins and dumping remains in mass graves so they could re-sell burial plots, where hundreds of bodies were thrown out." 16. Attorney Michael Avenatti states "I think this company is driven by profits above all else:' In Los Angeles court he presented testimony by groundskeepers who testified they were ordered to cram new graves so close to old ones, they had to break into existing burial containers and throw human remains in the cemetery dump. 16. Lawsuits and complaints against this applicant continue to dominate the headlines; 21. P813 The Washington Post reports; An SCI facility storing naked bodies in various stages of decomposition in conditions described as "disgusting, degrading and humiliating." Including the bodies of veterans destined for the hallowed grounds of Arlington Cemetery who were left in an unrefrigerated rack in a garage. LL7. Funeral Home Violence All over the country there have been numerous deaths and injuries including a 5 year old and another juvenile. Also injured were several innocent bystanders in shootings taking place at funeral homes: LL8J Lastly, I have included a professional newsletter geared specifically towards funeral homes called "Mortuary Management". The heading and topic ; "Tumultuous Funerals when the deceased can't rest in peace". (19.) (20.) You cannot allow this business into the midst of a family neighborhood. These images do not evoke one of a friendly funeral home moving into our neighborhood. But rather, these depictions cause the pain and discomfort of the types of images we have seen in the atrocities of past world wars. Prior to now, we would not have believed these types of things could have occurred here, here, in the United States of America. Much less trying to bully their way into our neighborhood. Crime does occur in Funeral Homes and we as residents do not want this possibility. This business is not desirable and most definitely not wanted in our neighborhood. �Z P814 Quotes from the General Plan The General Plan: 122.1 is to foster Livability in all communities. Keeping family at the center. Enhancing a sense of community. The city recognizes the positive impacts that an individual's health can have on a person's overall life and lifestyle. A healthy mind is stimulated by its environment. The General Plan focuses on creating a healthy mind as reflected in the goals and polices. Land use planning ensures that land uses are located in proximity to other to achieve economic efficiencies while minimizing incompatibilities. Rancho Cucamonga is a people first community with a focus on families. We strive to create an environment that leads to stable and healthy families. We have an abiding respect for the heritage we share. Our historic communities - Alta Loma, Cucamonga and Etiwanda are at the heart of our City and must be preserved, honored and enhanced. Rancho Cucamonga vacant land has become a scarce resource. Land use decisions must be carefully crafted to protect the established residential neighborhoods The General plan reinforces established land uses in the city over the last 10 to 15 years by emphasizing protection of existing residential neighborhoods. t3 P815 Zoning Etiwanda Site - Neighborhood Compatibility The Etiwanda site zoning has been overtaken. In the past few years, the area has become entirely residential. As you can see in these Satellite photos, 23. a progression of about ten years. You can clearly see the area is now dominated by residential prrJpPrtieS. Local Mortuaries: In these Satellite photos 24. you can clearly see other mortuaries located in the area are all surrounded by a density of business. These mortuaries are in the mist of drive thru fast food, banks, auto parts stores, gas stations, car washes and restaurants. All of the local funeral home sites are surrounded by a density of commercial property and business. The Etiwanda site is not. All of the local funeral homes were built before the residential surrounding them. t 5. People had a choice. We are not being given a choice. The Etiwanda site is situated in an historic enclave; even the businesses located there are of a quaint nature such as Barbara's Tea House, the Old Court House and the Old Post Office. C where to this day you can still see chickens roaming free on the property). jr P816 Etiwanda Site vs. Market Analysis Models: We as residents believe that a funeral home will cause a devaluation of our property values. As homeowners, we would never have knowingly purchased property near a funeral home. We have reviewed the Marketing Analysis made by Cushman & Wakefield of Texas. California and the City of Rancho Cucamonga are anomalies in the real estate market U6. and in the history of property values in the United States. Rancho Cucamonga consistently held higher levels of property value than cities in other states. We have excluded the comparisons from other states as they do not compare to California real estate values. "The report by Cushman & Wakefield states that it did not inspect the Rancho Cucamonga location and they do not have an opinion of the comparability" In thisgraph 27, you can clearly see that between 2003 (pre-announcement) and 2005 (opening) 90804 Long Beach, CA experienced a 46.5% gain. During the same time period 91739 Etiwanda showed more than a 56% gain. Both areas showed significant gain during an aggressive California market In early 2006 there was a decline in the California market. Both zip codes show decline. However you can clearly see in the graph the Long Beach location has suffered a 114% loss. Whereas the Etiwanda location shows only a 57% loss. The difference? A Funeral Home in 90804 Long Beach. The Long Beach market was unable to recover after the Funeral Home was built. P817 These satellite photos 28. show the four locations used as models in the Market Analysis, if you look at these locations side by side with the Etiwanda location, they are clearly not comparable to our neighborhood. Ito P818 Misc. Documents 29. Legal cases 30. SCI Appeal Letter 31. SCI Request for delay of Ratification 32. Goals, Policies and Objectives P819 TAB 1 ES P820 Rancho Cucamonga attracts successful families in their prime working ages AGE & DIVERSITY Rancho Cucamonga is unusual in having much larger shares of younger baby boomers ages 45-54 (16.7%) than Southern California (13.7%). The city also has a large share of people ages 10-19(16.0%v. 14.5%). Just 7.9%of Rancho Cucamonga residents were 65 or older versus 10.8%in Southern California. This is consistent with Rancho Cucamongas success in attracting successful families in their prime working ages. Ate Distranrllon,Rancho Cacamonaa i Southern California,2010 ■Rancho Smitten cocaneya - California 15.6% 145% :c '.% 15% 143% ] i 173% !� 0.9 10-19 20-24 25.34 35-44 45-54 55.64 65-74 75 a Up Sex[a•mni[.n ConmNnib S✓.T..Ce .B.2" Ethnic Distribution,Rancho Cucaeonp a Southern California,2010 i Rancho cunmonp Southern California Rancho Cucamonga is an ethnically diverse 3.0% 0.2% 6.3% 2.2% 0.3% community,but less so than Southern 8.8% Other Narita Ammon Other nffirve American California. In 2009,44.5%of city esidents Afilon Ammon 4,956 331 Ahiu 1Ammon 471,599 58,558 ty 14 544 ,-1 1.32_ 3 59y�—�� were Caucasian compared to 36.5%in the 10.3% 11.5% region. Mother 33.5%were Hispanic Asian 6 Paciflc Asian b Pacific versus 43.1%in the region. Interestingly, 11.023 2 425,422 9.6%of Rancho Cucamonga residents were of Asian or Pacific Island descent,a little below the region's 11.5%. The city's African-American population was 8.4%, just above the region's 6.3%. 34.9%r 42.7% 43.1% 136.5% Hispanic WAAe Huwaic WMl< 57.679 70.570 9,9]$bfi7 ].683,]19 20 Community Sosae A+aivlewnwW Sanpl Oraars pxar A'p9 P821 TAB 2 ao Why are people living longer? Pagel of 2 P822' - Noma Whar.new -0 Fallow us. warch Contact us OSig.in Royal You am Iwn:Horne•Our work•Schocts 8 Educafion••Teaching resources Key Stage 3 resources 1•who wanes m five forever?a Gaugraphieal society About us Our work What's on Geography today Press 8 Media Networks Join us with teG K+•rao ve.c�. .vh V!V'a.'4CI i.mmK Long life gangraphy Who wants to live forever? - Why are ••••• ....................... why."peopl r,mg 1 Lom,ng ht e Nlv people living longer? If i �f•.. W,u,, sG! nnl 9-rig> :f YK�3a This section looks at the reasons why people now live longer than they ever Ageing issues have done. staying alive Key questions • What changes have occurred which mean we are now living longer than previous generations? • Are we now more informed about how to prolong our lives? Key concepts • Place • Human Processes • Cultural Understanding and Diversity What changes have occurred which mean we are now living longer than previous generations? Tamsendu ssrm,am case w During the twentieth century,life expectancy rose dramatically amongst the world's wealthiest populations com.c<we�.vu from around 50 to over 75 years.This increase can be attributed to a number of factors including oO"'iO1d e°obe R®d" RGSlaG ismt rvponabe improvements It public heats,manwn and medicine. ac i roved and fewer and people greatly reduced deaths in brmantsam of mnrni childhood,health and safety in manual workplaces improved and fewer people smoked.As a result of this- irmn.f,vla. coupled with a decline in the fertility rate(the average number of children that women have in their lifetime)- O 9'akE many major industrial countries are facing an ageing population. It is likely that life expectancy of the most developed countries will continue to slowly advance and then reach a peak in the range of the mid-80s.According to UN statistics for the period 2005-2010,Japan(82.6 years) has the word's highest life expectancy followed by Hong Kong(82.2 years)and Iceland(81.6 years).The world average is 67.2 years and the UK average is 79.4 years. In the U.K,Life expectancy at birth increased by almost a decade in the first 50 years of the NHS(established in 1948).In 1948,40%of people died before reaching pensionable age,but by 1996 this was reduced to just 7%. During the Roman Empire,Romans had a approximate life expectancy of 22 to 25 years.In 1900,the word life expectancy was approximately 30 years and in 1985 it was about 62 years,just five years short of today's life expectancy. Life expectancy changes as you get older.By the time a child reaches their first year,their chances of living longer increase.By the time of late adulthood,your chances of survival to a very old age are quite good.For example,although the life expectancy from birth for all people in the United States is 77.7 years,those who live to age 65 will have an average of almost 10 additional years left to live,making their life expectancy almost 83 years. Are we now more informed about how to prolong our lives? The three big reasons that people in the UK are Irving increasingly longer lives are: a Food supply and nutrition . Health . Hygiene These three things have all seen marked improvements in standards since the nineteenth and early twentieth centuries.However,another important factor is our knowledge of their importance to our health and life expectancy,and of the steps we can take to ensure that we lead a healthy lifestyle.Our access to relevant information has also improved dramatically as a result of scientific research and methods of information dissemination,for example the Internet. For example: . The packaging of food products at increasing numbers of shops and supermarkets displays the nutritional content of food and uses colour coding so that we know whether it is good for us.The importance of eating a balanced diet is widely known • Government and charity websites provide information about the lifestyle choices we can make in order to reduce our risk of developing diseases.The effect that smoking cigarettes can have on our health is widely advertised,and warnings included on packaging.In the UK,a smoking ban in public places has been introduced and the age at which young people can buy cigarettes has been raised to 18 years . Adverts on buses and tubes inform us of the importance of washing our hands and covering our mouths when we cough or sneeze in order to reduce the spread of illnesses and diseases.Health and safety legislation provides strict regulations for hygiene in restaurants,hospitals and factories http://www.rgs.org/OurWork/Schools/Teaching+resources/Key+Stage+3+resources/Who+... 9/11/2012 I Why are people living longer? Page 2 of 2 P823 But following a healthy lifestyle is still a choice that we make,and not everyone chooses or is able to do so. f Interactive • Livmg Longer Downloads • YOU are what you eat(PPT) • Living longer fact sheet activity pDP I MSVVGRI • Risk stet{(PDFf Links • UN demograo^ic statistics by country • List of countries oy life expectancy ...........................................................................:...................................................... Starter How much fal? How much do you know about daily calorie and tat allowances?What about law many calories there are in your favourite meals? Have a look at the'you are what you ear activity to see more information about the amount of fat and number of calories in your favourite foods. Vuho tells us how much to eat?Why do they tell us this? Vvhere else in the work)are people told these things,and where are they not? .................................................................................................................................. Main Food,health and hygiene:The key to longer life We are now going to focus on the'big three'reasonswhy people in the UK live longer lives that the used to before the industrial age. Study the list of facts or view the interactive and categorise them as food,health or hygiene breakthroughs (some might overlap slightly,just put them in both categories). Are there any other facts not mentioned here that you have(1)learned in other subjects(ii)acquired as general knowledge CN)gained through personal experience(e.g.vaccination jabs or knowledge of local heaah/hygiene facilities and infrastructure)(iv)gained from watching this National Geographic film about Sardinians,Adventists and Okinawans. Staying Alive You are now going to write a'risk diary'using the risk diary template.For the next few weeks,keep notes detailing how protected your own life is,you may walk through a fire door or use a level crossing,spot a health warning on a pmduct you use or look at the calorie and fat content on the printed label of the food you eat.Do you fasten yourseat-belt or'stand behind the yellow line'as a train approaches? Try to record as many possible instances when you become aware of being subject to rules or advice designed to help you stay healthy and alive. .................................................................................................................................. Plenary What did you have for lunch today? Have a brief discussion about school dinners.Should you be allowed to eat whatever you ward? http://www.rgs.org/OurWork/Schools/Teaching+resources/Key+Stage+3+resources/Who+... 9/11/2012 P824 TAB 3 �3 INLAND VALLEY DAiLy : �SsRgc�� \ \Gm6, GJ TAB 4 P827 Inland Empire Area Dignity Memorial® Funeral Service Providers Call Us .jtyliiue s 800-34-DIGNITY Email Us With 16 Dignity Memorial®providers in the Inland Empire area, we are here to bring you the services you need when it matters most When you choose one of our funeral homes or cemeteries, you receive the compassionate care you expect from a locally operated establishment, but also the value you deserve from the largest and most trusted network of funeral, cremation and memorialization service providers Dignity Memorial providers offer exclusive benefits, including National Transferability of Prearranged Services, the Bereavement Travel Program, the 24-Hour Compassion Helpline®and access to an acclaimed grief management library The Dignity Memorial brand is your assurance of quality, value, caring service and customer satisfaction. We understand losing a loved one is an emotional and difficult experience, and we are committed to assisting families with compassion and care We are also here for you if you would like to make your final arrangements in advance. The Dignity Memorial network America's leading funeral homes and cemeteries, united to bring you the services you need when it matters the most. o�/O TAB 5 P829 CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting July 25, 2012 Chairman Munoz called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:12 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Francisco Oaxaca, Ray Wimberly ABSENT: None ' STAFF PRESENT: Jeffrey Bloom, Interim Planning Director; Jim Markman, City Attorney; Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission Secretary; Mike Smith, Associate Planner; Linda Daniels, Assistant City Manager • k f ! Ye ANNOUNCEMENTS None R 1 F R k APPROVAL OF MINUTES Motion: Moved by Fletcher, seconded by Oaxaca, carried 4-0-1, to approve the regular meeting minutes of July 11, 2012. Motion: Moved by Howdyshell, seconded by Fletcher, carried 5-0, to approve the adjourned (workshop) meeting minutes of July 11, 2012. PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. -A request to construct and operate a funeral home (that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located near the southeast corner of Etiwanda Avenue and Candlewood Street - APN:1100-031-07. Related file: Development Review DRC2011- 01094D. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration �0 P830 B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2011-01094D-HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC- A review of a proposed funeral home (that will not include a crematory, a cemetery, nor conduct embalming)with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located nearthe southeast corner of Etiwanda Avenue and Candlewood Street- APN:1100-031-07. Related files: Conditional Use Permit DRC2011-01094. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Mike Smith, Associate Planner, presented the staff report. He noted that included in the resolutions is an additional statement that no crematory or embalming is included with this application. In response to Commissioner Oaxaca, Mr. Smith clarified that the resolutions prohibit those uses but it does not prevent them from applying for them at a future date. He said they would have to go through the process. He said a crematory is not permitted in this zone. Brad Buller stated he is representing the applicants. He noted that the Vice President of SCI and the architect and traffic engineer are present. He said he(Mr. Buller)was brought in with respect to code compliance and to develop the site plan. He said the applicants also worked with the Etiwanda Historical Society as they wanted to be consistent with the historic nature of the area. He said the applicants have attempted to address all comments received from the neighbors. He thanked staff and the Historic Society for good guidance. Dann Narveson stated he is the Vice President of SCI and their corporate offices are located out of Houston Texas. He said the company has 1400 funeral homes and they operate 12 funeral homes and 6 cemeteries in the Inland Empire. He said they provide an important service for the community-without cremation or body preparation. He said those services are handled outside of Rancho Cucamonga. Bill Reseigh of HMR Architects noted the main access for the facility is off of Etiwanda Avenue and the cueing for processions will occur under the porte-cochere found on the north side of the building. Glen Abercrombie of SCI stated he is the Marketing Manager. He said the community is in need of a funeral home. He said funerals bring business to local hotels and restaurants. He said they are good neighbors and partner and assist with community events. Chairman Munoz opened the public hearing. The following residents commented and expressed opposition to the project: Martha Godinez, Ofer Masachi, Desiree Diggs, Edward Kim, Carolyn Liu, David Wood, Hezron Mcheniva, Nelson Botay, George Sandoval, Monica Medahli, Christopher Ikeanyi, Aref Fakhoury, Andrea Salgado, Dave Carlston, Delfino Estrada, William Isaacs, Connie Lee, Jaden Sandoval, Wendy Sandoval, Haish Choi, Julio Guero, Jose Torres, Joe Russell, Walter McBeth, Samir Shah, Jessie Ortiz, Susan Olson, Stevie Stallings, Angie Nwanodi, Brady Onishi, Jorge Borda and April Lin. Their general comments included the following concerns: NIMBY (not in my back yard); there are other suitable locations for the applicants to develop; negative effect on children viewing mourners and the constant reminder of death and morbidity, insufficient parking-mourners will park on our streets and in the neighborhood; loss of property values (stated by multiple real estate professionals); a threat to picket/protest if the development does occur; a threat to stop paying taxes if the development does occur; fear of a future crematory; if approved,there would be a loss of pride in the resident's home and would stop investing in home improvements; perceived loss of value in the local schools/families, residents would not want to send their children to our schools; if Planning Commission Minutes -2- July 25, 2012 1 P831 embalming were ever allowed,there is a fear of water contamination should embalming be allowed; mistrust of SCI's report that they would only hold 3-4 funerals per week;traffic concerns because of the narrowing of Etiwanda Avenue and confusion of drivers making a left turn out of the facility; facility should not be located in a residential area;facility would affect how the residents think about life; this project would not "bring happiness" as the other local businesses do (Etiwanda Gardens and Barbara's Teahouse); the facility would be a magnet for crime; the applicants (SCI) run a bad business and have been sued for their business practices; fear of gang related crime occurring spurred on by rival gangs during or following funeral services of gang members; a loss of personal home value in terms of "their dream home"; why should this business locate where they are not wanted;the applicant is"all about money"as they squeeze and buy out smaller funeral homes; real estate agent will take her clients to other communities; people would live in fear and desire to move; the applicants are believed to be of immoral character; property owners have the right to live without a "nuisance"; perceived negative affect on "safe routes to school"; a funeral home is not needed here as there are others available; the facility in this location would be in violation of Title 17.02 of the Municipal Code (Purpose and Intent) of the Development Code as it does not "protect the physical, social, and economic stability of residential, commercial, industrial, and other land uses within the City to assure its orderly and beneficial development,"the business will employ few people and therefore does not bring many jobs to the area; residents came here for peace and quiet; the facility would aggravate an existing PTSD condition of one neighbor; stressed and depressed mourners would not be paying attention as they are driving-safety issue for neighboring residents; the question is not about the zoning - its not a good fit; objection to the way the subdivision was done that left a portion of the lot open which leaves the perception of more added services later. Wendy Sandoval, a neighboring resident, presented a petition with 155 signatures opposing the project as well as a map indicating other prospective properties where this business could locate. The following persons spoke in favor of the proposal: Natalie Cassaro and John Lyons. The summary of their comments is as follows: The area is underserviced with respect to funeral services as the population is aging; the facility would bring tax dollars and would be good for other local businesses; perception of haunting is unfounded; there should be respect for the families of the deceased; convenient and excellent location; brings jobs; no additional traffic impacts; zoning was considered by founding fathers and they envisioned this possibility; it will help the value of neighbors' property not harm it; facility would help other businesses/restaurants; no compelling reason not to approve. Chairman Munoz closed the public comment section at 9:50 pm (approximately 2+ hours of testimony was taken). He invited the applicant to comment and the applicant declined. Chairman Munoz asked staff to clarify the purpose of a subdivision. Mr. Smith explained that he is referring to the lot line adjustment. He said this can be proposed even if there is no project at all and is not unusual to do this on a commercial property. He indicated on the map the proposed shift of the line to the north. He said the 'not a part' parcel will be independent of this development. He said the project is on one parcel and two parcels will be joined. Jim Markman, City Attorney asked if SCI owns both or just one parcel. Mr. Buller responded there are two parcels. He said SCI did not want to buy the whole lot. He said it was done with respect to negotiating the sale of the lot. He said there previously were 2 lots and there will be 2 lots when this is finished. Chairman Munoz then asked for Commission comments. Planning Commission Minutes -3- July 25, 2012 P832 Commissioner Fletcher said he read all the letters received with respect to the project. He summarized some of the concerns; insufficient parking, home values, residents would picket the business,traffic concerns, personal dreams of a peaceful beautiful city would be affected,quality of life, concerns about death, fear of it becoming a crime magnet, affects on children and schools,de- valuing of personal investment in homes, quality of life, occupational hazards, people would walk away from their homes, not the right location, NIMBY, loss of pride in the community and neighborhood. He said the property is zoned Office Professional and this use is permitted. He said the use would have to be approved with respect to the design and tonight for the use aspect. He said the applicants submitted a high quality design that is consistent with the Etiwanda Specific Plan (ESP) and there is no issue with the design. He said the big issue is the use and whether it is compatible with the neighborhood. He said operationally he would say yes. He said he did not think the big concern for traffic or crime would materialize although they may have some periodic traffic impact but that happens throughout the City with other types of operations. He said the staff report indicates property values are more difficult to assess. He commented on a portion of the staff report with respect to potential impacts. He said he thought the project would have a negative aesthetic impact. He said funeral homes have an emotional, psychological stigma attached to them in that it there is an association with death and sad feelings that go with that type of a business. He said he does not agree with the similarity drawn to Etiwanda Gardens and churches as stated in the staff report. He said at Etiwanda Gardens and churches there are multi-purpose operations, they host services, banquets, weddings, baptisms, and social events; funerals area minimal part of their function. He said funeral homes are related to death and grieving and there is a negative stigma attached to this type of business. He said because of this and the.proximity to the neighbors, the historic enclave on Etiwanda Avenue, schools and its close proximity to Victoria Gardens Lifestyle Center, he did not think this use to be appropriate in this location. He pointed out that Victoria Gardens is a "Lifestyle"center. He said he agreed with the residents that this is not an appropriate use and stated he is opposed to the project. Commissioner Wimberly commended staff for the extensive report. He said it addressed many of the comments and concerns presented by the residents at the neighborhood meeting. He said the sentiment and information presented tonight is considered on the spot. He said the DRC looks at the design, the land use, and the ability to fit in to where it is proposed to go. He said the result at that time was that he felt it fit and was compatible. He said the DRC did not consider all the residents brought to us. He said he is still compelled by.the rules used to determine compatibility and that alone without the feelings of neighborhood it is a fit and works at that location. He said he could see that the neighborhood has bonded together but he believes the project works and fits. Commissioner Oaxaca thanked staff and the applicants for their hard work and to the residents that participated and expressed their opinions. He said in most cases there are fundamental issues. He said our primary charge is to evaluate proposed projects on the basis on how well they conform to. our existing rules, regulations, zoning, the Development Code etc. He said all projects are extensively reviewed in this respect. He said on occasion he believes the Commission has an additional role that he believes will occur more often in the future. He said available property is diminishing; the City is about 90% developed. He said these challenges will not go away-this is a clash/conflict in that it does conform to the rules and codes, but is also creating conflict with an adjacent use. He said they should consider how to balance the rights of a property owner to develop within the framework of the rules and the rights of those who reside or operate businesses adjacently. He said this conflict is not thoroughly addressed in our current General Plan or Development Code. He said the decision must take into account the rules in context and include the existing land uses. He said when these conflicts are not resolved early on, then the result is a non-palatable solution. He said he did not see a palatable solution for this. He said tonight they have a chance to not make one of those unpalatable decisions. He said in spite of the surface conformity of the project with the codes, he did not believe this is the most appropriate use. Planning Commission Minutes -4- July 25, 2012 P833 Vice Chairman Howdyshell said this has been an insightful meeting and was impressed by the number of people that came out. She offered compliments to staff and the applicants for their hard work and comprehensive, detailed report on a controversial site plan. She said architecturally the site and design is consistent with the ESP and with design goals. She said zoning was also considered with respect to the General Plan and Development Code. She said they also look at the human element and emotional psychological element. She said it is a positive thing when she hears that a corporate entity wants to be a good citizen. She said we want all corporations to be a good corporate citizen and we want to see them partner with the City. She referred to the comment made where a resident stated, "Why would a business want to be positioned they are not welcome?" She said she is not opposed to having a mortuary in the City, however, she believes this site and project are not the highest and best use considering what the residents have stated what they want . She said she is not in favor and did not think this is the appropriate location. Chairman Munoz said he heard all the concerns; seeing death, parking, home property values, traffic,the number of funerals that may be held. He said with respect to the Development Code and the General Plan, this is not a political decision it is a decision based on code and how this project meets the code in terms of neighborhood compatibility. He said Staff showed this is suitable for this zone; they answered the concern about public notification and how that was expanded; relative to cremations/embalming he said that this application does not include that and how the applicant would have to come back to change that. He said it is unlikely this Commission would do that. He said with respect to the previously approved project, the City would have no control over that; they changed their mind. He said part of the Commission's role is to hear from you the neighbors and from the business and their needs. He said with prior projects we see a fair number where people just don't want it. He said we have a lot of residential in this town and wherever we put something, there will be someone unhappy. He said the residents expressed thanks for good planning in the City and most people are happy. He said with respect to potential crime, nothing was.substantiated between funeral home use and crime. He said with respect to property values; these are bad economic times and a funeral home probably won't change that. He said he recently lost a parent and he was glad the city he lived in had a funeral home. He noted it was surrounded by residences. He said it was a pretty busy street and did not notice any crime. He said he was not getting the connection. He said he understands the sentiment about the psychological effects and they are entitled to that and although he understands it, he did not believe that should preclude a business owner's rights to do business in the community. He expressed support of the project. Mr. Markman said that if the project is approved,the Commission could simply approve the attached resolutions and then it could be appealed. He said because no draft resolution of denial was provided, if the Commission votes to deny the project, staff should bring back a resolution of denial to be acted upon at the next meeting. He said the denial would not be in effect until after that vote is taken and suggested that if anyone wants to appeal the action, to carefully track the time period for that appeal. Motion: Moved by Munoz, seconded by Wimberly, to adopt the Resolutions approving Conditional Use Permit DRC2011-01094 and Development Review DRC2011-01094D. The motion failed by the following vote. AYES: MUNOZ, WIMBERLY NOES: FLETCHER, HOWDYSHELL, OAXACA ABSENT: NONE Based upon Mr. Markman's direction, the following motion occurred: Motion: Moved by Oaxaca, seconded by Howdyshell to bring back a resolution of denial of Item A to the next meeting for action. Motion carried by the following vote: Planning Commission Minutes -5- July 25, 2012 2 P834 AYES: FLETCHER, HOWDYSHELL, OAXACA, NOES: MUNOZ, WIMBERLY ABSENT: NONE - carried OLD BUSINESS C. SELECTION OF THE PLANNING COMMISSION CHAIRMAN AND VICE CHAIRMAN OFFICER POSITIONS (CONTINUED FROM THE JULY 11, 2012 MEETING) Commissioner Fletcher nominated Vice Chairman Howdyshell as Chairman. Vice Chairman Howdyshell agreed with the nomination. Commissioner Oaxaca seconded the nomination Motion: Moved by Fletcher, seconded by Oaxaca, carried 5-0, to select Commissioner Howdyshell to serve as Chairman. Chairman Munoz suggested they move on to the Vice Chairman position nominations. He nominated Commissioner Wimberly to serve as Vice Chairman. Commissioner Oaxaca nominated Commissioner Fletcher. Vice Chairman Howdyshell remarked that Commissioner Fletcher is experienced and voiced support of his nomination. Motion: Moved by Oaxaca, seconded by Howdyshell, carried 5-0,to select Commissioner Fletcher to serve as Vice Chairman for one year. D. SELECTION OF PLANNING COMMISSION DESIGN REVIEW COMMITTEE MEMBERS (CONTINUED FROM THE JULY 11, 2012 MEETING) Commissioners Munoz and Wimberly both stated they would like to remain on the DRC. Commissioner Fletcher nominated Commissioner Oaxaca to give him the opportunity to serve. Commissioner Munoz disagreed stating to serve on the DRC experience is needed. Commissioner Howdyshell suggested they have a rotation-one seasoned, one less seasoned member for succession planning. Commissioner Munoz said this is why we have an alternate and explained that Commissioner Wimberly served as alternate for a long time and learned the ropes in doing so. Commissioner Fletcher said staff members are there and information and training can be obtained from staff. Commissioner Oaxaca stated he is the newest member on the Commission. He said he intends to contribute and learn. He said he was not aware that there needed to be consistent attendance to get up to speed. Planning Commission Minutes -6- July 25, 2012 33 P835 Commissioner Howdyshell said she would like to give Commissioner Oaxaca the opportunity and seconded the motion. Motion: Moved by Fletcher, seconded by Howdyshell, carried 5-0,to select Commissioner Oaxaca to serve for one year on the Design Review Committee (DRC). Chairman Munoz suggested they move on to the second position on the DRC. Commissioner Fletcher said he would be willing to serve. Commissioner Wimberly nominated Commissioner Munoz to remain on the DRC. Commissioner Howdyshell suggested Commissioner Fletcher for the second position. Commissioner Oaxaca seconded the nomination of Commissioner Fletcher. Motion: Moved by Howdyshell, seconded by Oaxaca, carried 5-0,to select Commissioner Fletcher to serve for one year on the Design Review Committee (DRC). * * * * * E. SELECTION OF PLANNING COMMISSION TRAILS COMMITTEE MEMBERS(CONTINUED FROM THE JULY 11, 2012 MEETING) Motion: Moved by Oaxaca, seconded by Munoz, carried 5-0,to select Commissioner Wimberly to serve for a two-year term on the Trails Advisory Committee JAC). Motion: Moved by Fletcher,seconded by Munoz, carried 5-0,to select Commissioner Howdyshell to serve for a two-year term on-the Trails Advisory Committee JAC). PUBLIC COMMENTS None COMMISSION BUSINESS AND COMMENTS Commissioner Munoz congratulated the new DRC members. Commissioner Munoz said he enjoyed moving the community forward. He said he is currently busy with the League of California Cities. Commissioner Howdyshell thanked Commissioner Munoz. She said he did a great job and she learned a lot. Commissioner Fletcher thanked the Commissioners for the meeting, their deliberation and comments. He said that he thinks when there is overwhelming opposition the Commission cannot ignore the emotional impact on the community. * ** * * Planning Commission Minutes -7- July 25, 2012 24 P836 ADJOURNMENT Motion: Moved by Howdyshell, seconded by Fletcher, carried 5-0, to adjourn. The Planning Commission adjourned at 10:50 p.m. Approved: August 8, 2012 Planning Commission Minutes -8- July 25, 2012 3S TAB 6 P838 i August 26, 2012 Dear Mayor Michael and City Council Members, We write to add our voices to the growing number of opposition to the SCI proposed funeral home project in front of our home (close to Etiwanda and Church Avenue). It is a very bad proposal, which will have an adverse affect on the sound decisions your council has being making for our great city of Rancho Cucamonga. We commend you for the wonderful decisions the city council has made so far on behalf of the citizens of our beloved city.Your track record has shown that you want Rancho to continue to evolve as a family and community-oriented city,which places the needs of her citizens above every other thing. As parents of young children, we are appreciative of all the sports activities and many other programs offered by the city of Rancho to keep our children busy and engaged all season long. The children have the opportunities to play soccer, basketball, baseball, football and other sports at heavily discounted prices. This and many other provisions you have made for the citizens speak to your visionary leadership. On the basis of what your council has accomplished so far,it will be a serious dent on your record to antagonize a section of the Rancho residents for inserting a funeral home in the heart of our residential homes.The SCI request,if granted,will fly in the face of the sound decisions you have made so far to ensure that Rancho remains a welcoming city to her citizens. Fortunately,the City Planning Commission, a commission vested with the responsibility to evaluate planning proposals has done the heavy lifting for you.The commissioners diligently listened to both sides (the representatives of the SCI funeral home and the local residents in the affected area) during a protracted meeting on July 251h and decided that that a funeral home is not a good fit for the community. That was a well-reasoned, bias-free decision, and it was a very prudent one. We urge you to respect and endorse the decision of the Planning Commissioners on this issue. They were elected by the people to make planning decisions. They listened with keen interest, observed the situation thoroughly and made the right decision for the city. Please, allow that decision to stand. While voting against the SCI proposal, one of the commissioners made a compelling, pragmatic observation, which should serve as a useful guideline for future development decisions in the city. He said that even though the proposed site for SCI project is designated for commercial development, the city must look into changing the obsolete zoning laws in light of the current activities in some areas. Specifically, he pointed out that the fact that the proposed site for the funeral home is surrounded by a very large number of residential homes must trigger the question of whether or not the site is still a good fit for certain commercial 39 P839 developments. In other words, the needs of the residents and the impact on their families and real estate values must be considered before bringing in a new commercial development, which is not compatible with residential values. He pointed out that the zoning laws should be adaptable to the needs of the current inhabitants of any specific area, and not the other way round.The issue here is not what the antiquated zoning laws say, but the suitability of a funeral home in the middle of a residential neighborhood fully occupied by young families who are raising children. The city cannot and should not sheepishly implement the zoning laws with little or no disregard to the potential impacts on the immediate residents. In addition to other questions, the council must consider the health and welfare of the current residents of the area. The planning commissioners clearly pointed out that a funeral home in our neighborhood would adversely alter the lives of the residents,as we know it. It will lead to a serious traffic congestion, serious parking problems as our side walks and driveways would become the parking lot for the funeral home guests, unwanted guests in our neighborhood,including gang members who will attend the funerals of their members and in the process,stage a revenge and/or recruit new members. Above all, our declining property values (due to the current housing crisis in the nation)will take additional hit.This will eventually result in a mass exodus, as people will be forced to walk away from their homes. Contrary to the SCI claim that their million-dollar construction of a funeral home will help our real estate value,a funeral home is the last thing any potential homebuyer wants to live next to. No one wants to be reminded of death every single day of his or her life. In voting against the SCI proposal,another commissioner asked, "Why would a business want to open up in a neighborhood where it is not welcomed?" It was a bad business decision, she observed.Allowing SCI to build a funeral home in our neighborhood will further drain the city resources as neighbors will call the police constantly to deal with the potential disputes with SCI. While we don't have the money to fight SCI, we have the votes to choose the leaders of our city. The kids were not left out in the campaign. One 11-year old boy stayed up beyond his bedtime on July 25th to add his little voice to the rejection of the funeral home. He told the commissioners that he is scared of death and that the presence of a funeral home right in front of his home will become a constant reminder of death. No mayor or city council likes to fish in troubled water. For the interest of peace,we urge you to be courageous enough to stop this potential disaster by saying a resounding No to SCI. We are confident that you can make such a fitting decision for the well being of our beloved city to continue to earn the trust and support of the voters in our neighborhood. Remember,you are elected to represent our views, morals and values, and we are hopeful that you will be sensitive to our needs. P840 Smith, Michael From: ly downey Vdowney909 @hotmail.com) Sent: Saturday, June 30, 2012 9:02 PM To: Smith, Michael Mr. Michael Smith, AND E\,ERYONE ELSE WHO NEEDS TO SEE THIS I EXTREMELY OPPOSE THE MORTUARY PROPOSAL AT ETIWANDA AND CANDLEWOOD AVENUES. Please stop this project immediately for the psychological sake of all the residents of Etiwanda who will be traumari.ed by this and it will extend deeply into the cotnmunitc FAR beyond just the streets of its existence. AND THE FUNERAL HOIvfE COMPANTY KNOWS THIS AND STII.L DOESN'T CARE ABOUT THE COMM-UNITY OF PEOPLE IT WILL HOLD IN ITS GRIP OF FEAR AND OVERWHELM AND BECAUSE THIS IS A BUSINESS LIKE NO OTHER---THIS CITY NEEDS TO STOP THIS PLAN IMMEDIATELY. THIS 1S COMMON SENSE---NO ONE WANTS TO LIVE NE.-kR A MORTUARY AND IT IS PSYCHOLOGICALLY DETRIMENTAL TO THE COMMUNITY AS A WHOLE. "There is nothing like a lifeless body. It can never come back and to those who lost it will define a moment they will never be the same from. It will define a moment they never want to relive and never want to be part of in all the arrangements that have to be made to take care of someone they love who now no longer breathes. It is completely traumatic and horrible and painful and everything that death brings to the door of the people it will,when it will. Some feel they can barely breathe at the thought of losing someone and some don't ever recover to how they were before. This cannot be underestimated or overlooked. The psychology of death is a study in itself and something you only want to think about when you have to and not a moment sooner. The torment left behind and the twisting pain, are things you can try to nm from but it holds you wherever you try to outrun it. And to be faced with death on a daily basis as a community at large is a petrifying thought Nothing on television can prepare you for what you would see in real life and no one wants to think about the end of their own. I am in Cancer treatment and think about death more often than I would like and understand TOO fullv the moments of life needing to be kept as just that—alive and without fear. I live on and off unth my daughter constantly as my health needs in the Etiwanda area off the street of Enwanda. I was with my daughter the other day when we discovered the sign with the word"funeral" in front of the word "home." We had never seen that before, though we travel this road often. It is the way we get to the Victoria Gardens mall and to the Post Office. It also sits across the street from where my Uncle's services were performed at Etiwanda Gardens, so even corning down that street is painful enough from just that memory alone, let alone the idea of what you have planned. And your sign hasn't been up for -1/2%2012 A & 6 43 P841 7 months. Many of us have talked about that in the recent days and we remember there used to be a sign with some mention of what seemed to be an "alcohol permit"being sought last year? Now it will be unbearable. DO NOT ALLOW THIS HUGE MONEY-PROFIT-MAICING-COMPAi\tY-TAI{ING-CARE-OF- DEAD-PEOPLE BUSINESS TO COME INTO THIS CITY IN THIS AREA—SOMEONE SHOULD BE ASHAMED OF THEMSELVES INCLUDING THE PEOPLE TRYING TO COME IN. I TRY TO NOT THINK ABOUT DEATH, BUT PUTTING IN SOMETHING LIKE THIS WOULD HAVE -TAE THINKING ABOUT IT EVERY DAY JUST KNOWING IT WAS THERE IS TOO MUCH, I STARTED SHAKING WHEN I SAW IT. THIS IS VERY REAL AND YOU HAVE TO TAKE THIS INTO CONSIDERATION FIRST AND FOREMOST WHEN T'HINKLNG ABOUT THIS PROJECT---MY DAUGHTER AND SON-IN-LAW WERE PROMISED ONLY THE AREA TO BE SINGLE-FAMILY-RESIDENCES ONLY--I REMEMBER GOING WITH HER TO ALL THE HOMES IN- THE AREA BEFORE DECIDING ON- THE ON-E SHE CHOSE AND IT WAS ALL EVERY REAL-ESTATE AGENT WOULD TALK ABOUT IN IT BEING A GREAT FAMILY ORIENTED COMMUNITY--NEVER EVER WAS THERE ANY TALK RE:ANYTHING OUTSIDE OF SINGLE-FAMILY HOMES,AND NOW YOU HAVE A TASTE OF A BIG-BUSINESS WANTING TO COME IN—A VERY HIGHLY PROFITABLE BUSINESS WHO IS ALREADY SHOWING THEY DON'T CARE ABOUT THE VERY PEOPLE THEY WOULD BE STEPPING ON. HOW SICKENING. I DONT WANT TO DIE. NO ONE WANTS TO DIE. AND UNTIL WE HAVE TO WE DON'T WANT TO THINK ABOUT IT AND BE FACED WITH THE CARS AND TRAFFIC AND HEARSES—CARS YOU WILL ONLY SEE HAVING ONLY ONE PURPOSE—WHICH IS TO TRANSPORT DEAD PEOPLE—ON THE STREETS AS CASUAL TRAFFIC. THIS MORTUARY DOES NOT BELONG IN THIS AREA. THIS MORTUARY DOES NOT BELONG IN A RESIDENTIAL NEIGHBORHOOD. THIS AFFECTS MORE PEOPLE WHO DON'T EVEN KNOW ABOUT IT AND ANY PERMIT THAT ALLOWS YOU TO ONLY NOTIFY A CERTAIN PERIMETER DOESN'T MATTER BECAUSE EVERYONE PASSING ON ETIWANDA WILL BE AFFECTED. YOU DONT7 WANT SCHOOL CHILDREN TO BE FORCED TO SEE THIS KIND OF THING ON A DAILY BASIS AND IT COULD BE A VERY DANGEROUS SITUATION WITH INCREASED TRAFFIC. ICIDS AND PEOPLE OF ALL AGES DON'T HAVE GOOD FEELINGS ASSOCIATED WITH HEARSES,VANS,FUNERAL PROCESSIONS, ETC. BECAUSE THEY EXIST FOR ONLY ONE REASON—TO TRANSPORT A DEAD PERSON—AND THAT BUSINESS DOES NOT BELONG HERE IN THIS AREA AT ALL. BRINGING ONE'S MORTALITY TO THE FOREFRONT OF THEIR EVERY DAY LIFE IS EXCRUCIATING AND THE ABSOLUTE INSENSITIVITY THAT HAS BEEN ALLOWED FOR IT TO GET THIS FAR IS REPREHENSIBLE. 7/2/2012 A & 8 44 , '^ P842 MY DAUGHTER WHEN SHE WAS LITTLE UNDERSTOOD WHAT THOSE CARS MEANT i BECAUSE OF HER GRANDFATHER'S PASSING AND SHE HAS BEEN AFFECTED BY THEM EVER SINCE. PEOPLE ARE PEOPLE AND LIVE PEOPLE SHOULD NOT BE FORCED TO BE AROUND DEAD ONES AND MOURNING FAMILIES AS A WAY OF LIFE. SOMEONE HASNT THOUGHT THIS THROUGH. THIS WILL BRING DOWN PROPERTYN%ALUES. THIS WILL UPSET THE COMMUNITY UNNECESSARILY AND DISRESPECT AND INSULT OUR CULTURAL AND OTHER VALUES. I DON'T WANT TO DIE,AND I DON'T WANT TO BE FACED WITH HAVING TO SEE "THAT" PART OF IT-TN FRONT OF ME ON A CONSTANT BASIS. THIS ISN'T RIGHT. THE ONLY PEOPLE WHO HAVE TO DEAL WITH DEATH IN THIS WAY DAILY DO SO BY CHOICE IN THEIR JOB OF WORKING FOR SUCH A COMPANY AND SHOULD KNOW BETTER THAN TO FORCE THEIR WAY OF LIFE ON INNOCENT NEIGHBORHOODS OF PEOPLE WHO BOUGHT HERE WITH THE PROMISE OF THERE BEING NOTHING FOR THEM TO WORRY ABOUT. NOW YOU ARE GIVING THEM SOMETHING TO WORRY ABOUT, LEAVE THAT PARCEL OF LAND TO ITS OWN. THIS IS WRONG FOR RANCHO CUCAMONGA. THIS WAS A WRONG IDEA FROM THE BEGINNING. I WANT YOU TO KNOW I HATE THIS AND HATED HAVING TO WRITE THIS LETTER BECAUSE OF WHAT IT BROUGHT UP IN ME TO HAVE TO DO IT. I AM IN A CANCER RESEARCH STUDY AT USC AND EVERY TIME I HAVE TO FOR MY CAT SCAN AND BLOOD WORK I AM TERRIFIED OF WHAT THEY WILL FIND. I DON'T WANT TO THINK ABOUT THIS EVERY DAY---HOW INSENSITIVE CAN YOU BE??', TO THE VERY CITIZENS WHO GIVE YOU YOUR JOB BY PIAVIlNG BOUGHT INTO THE CITY THAT EMPLOYS YOU ALL? WHAT ARE YOU THINKING? THIS IS A TERRIBLE IDEA. THIS IS WRONG BEYOND WORDS. AND I DON'T CARE ABOUT THOSE WHO DON'T HAVE THE SAME SENSITIZ'ITIES AS I DO-YOU ARE SUPPOSED TO CARE ABOUT YOUR RESIDENTS AND THIS IS A NO-BRAINER REALLY. YOU CAN'T PUT DEATH IN FRONT OF SO MANY---YOU ARE STEPPING ON MANY PEOPLE'S PERSONAL, CULTURAL,AND RELIGIOUS VALUES THEY WERE RAISED WITH LET ALON-E THOSE WHO JUST DON'T WANT TO BE THAT CLOSE TO DEATH! IT IS EASY TO UNDERSTAND. THERE IS NOTHING LIKE DEATH. IT IS THE VERY END OF YOUR LIFE WITHOUT THE CHANCE TO COME BACK. IT IS FOREVER, AND IT IS A HORRIBLE THOUGHT. 7/2!2012 F & B 45 ragc v ui P843 I AM MORE THAN UPSET BY THIS---WHAT KIND OF BUSINESS OWNERS COULD BE THIS INSENSITIVE TO AN ENTIRE AREA OF PEOPLE BY EVEN PUSHING TO GET A PROJECT LIKE THIS THROUGH WITHOUT EVEN A THOUGHT TO ALL THE RESIDENTS OF THE AREA THEY WOULD BE PUSHING THEMSELVES IN FRONT OF ON AN HOURLY AND DAILY BASIS WITHOUT CARE TO ANYONE HAVING TO WATCH FUNERAL PROCESSIONS AS THE "NEW" VIEW FROM THEIR PROPERTY, OR JUST DRIVING DOWN THE STREET% SCI THAT'S WHO!!! THIS IS SO SICKENING!!!!!!!!! THERE IS NO CARING IN PROFITEERING AND I JUST NEVER SAW RANCHO CUCAMONGA AS A PLACE THAT WOULD ALLOW THIS TO HAPPEN. THESE PEOPLE MAKE ME SICK!!!! THIS IS SO BEYOND DISRESPECTFUL---EXPECT A FIGHT AGAINST THIS. STOP THIS PROJECT NOW!!!!!!!!!!!!!!!!!!!!!!!! HELP US MICHAEL!!! PLEASE HELP US NOW!!II! L. Downey Rock Garden Court,Eriwanda, CA 91739 A & B46 7/2/2012 P844 CIY OF RANCHO Cl CAApjzn JUL 1 6 2012 July 13, 2012 RECEIVED - PLANNING Planning Department City of Rancho Cucamonga P. O. Box 807 Rancho Cucamonga, CA 91729 RE: Permit DRC201 1-01094 HMR ARCHITECTS FOR SCI FUNERAL SERVICE Dear Sir, My name is Charles Kao. I'm the home owner located at 12816 Crestfield, Rancho Cucamanga,CA 91739. About quarter mile from the said HMR site. I want to express my disappointment and strongly oppose against the proposed DRC2011-01094 HMR ARCHITECTS FOR SCI FUNERAL SERVICE Permit case. Since I'm travelling can can't attend the July 28, 2012 public hearing. Please register my rejection vote. It's a bad environment violation in the residential area. My California driver license# Phone #is - Email address is ckao168 @gmail.com. Current mailing address is 47628 Avalon Heights Ter,Fremont,CA 94539. Please keep me posted on this event and let me know anything I can do to block this permit from passing. Also,please use this letter as my vote against it. Many Thanks, . 7e) Charles Kao Home Owner, 12816 Crestfield Rancho Cucamonga, CA 91739 • • A & B33 43 SCI Funeral Home Page 2 of 3 P845 I • March 2"d 2003 Florida adds to list of SCI lawsuits/More improper burials • September 10th 2010 $200 million class action lawsuit by Eden Memorial Park Management Co., Eden Memorial Park Association for the desecration of human remains Empirical data to substantiate the residents belief that a funeral home will lower our property value is a September 27`h 2011 Coldwell Banker report(which is a major mortgage leader). The report states "According to the Appraisal Institute, a poorly kept yard or proximity to commercial facilities such as a funeral home or power plant can lower nearby home value by as much as 15 percent. Home buyers should be aware of this when looking for a home or negotiating a purchase, and may wish to consider resale as well, particularly if they do not intend to stay long." Mayor Michael, I plead that you understand the gravity of this situation deny this project. Best regards, Joseph J. Russell Another concerned resident and voter REF: htto'//legal-dictionary thefreedictionaU.com/Private+Nuisance htto'//un .voumbe.comiwatch'v=fCPR51iUVRik http'HNvww.edenclaims.com/about.php http://,A,ww.voutube.com/watch?v=lnbidsKi9TE http://www.chron.com/CDA/archives/archive.mpi/2002 3522996/florida-adds-to-list-of-sci-lawsuits-more-improper.html http://mail.aol.com/36962-1 l I/aol-6/en-us/mail/PrintMessage.aspx 9/4/20124W P846 Planning Department. City of Rancho Cucamonga Attention: Mike Smith P O. Box 807 Rancho Cucamonga, CA 91729 ATTENTION RANCHO CUCAMONGA PLANNING COMMISSION: Building a FUNERAL HOME amongst historic homes, the historic Joseph Filippi Winery; the historic Barbara's Tea House, the banquet hall Etiwanda Gardens, upscale mall Victoria Gardens, and residential homes valued from $500,000 to 1.5 million dollars will MORIFY and UPSET local businesses and home owners. Dear Mike Smith and fellow Rancho Cucamonga Planning Commission, Please do not allow a funeral home to be built in the this beautiful community (Southeast comer of Etiwanda Avenue and Candlewood Street - APN: 1100-031-07). No other city in the world could combine historic homes, the historic Joseph Filippi Winery, the historic Barbara's Tea House, the banquet hall Etiwanda Gardens, upscale mall Victoria Gardens, and residential homes valued from $500,000 to 1.5 million dollars in one marvelous place. You have done a wonderful job of creating this city and you owe it to Yourselves, the businesses, and the residents who have bought into your vision to protect what you have created. My family and I have invested in Rancho Cucamonga, twice in our lifetime. We would not live anywhere else in the Inland Empire, but this consideration of building a funeral home mortifies and upsets us! My family and I DO NOT WANT A FUNERAL HOME BUILT NEXT TO OUR HOME! Since hearing word of a funeral home being considered for development next to our home, my family has stopped all improvements on our home. There is no point investing or raising a family next to a funeral home. Like every community with a funeral. home, Oils conununity .will become depressed and abandoned. The funeral home will likely do well because of the surrounding beautiful community, but the local businesses will undoubtedly suffer and deteriorate. I foresee the banquet hall Etiwanda Gardens (across the street) becoming the 2nd funeral home, if this one is allowed to be built. This funeral home is EXPLOITING our vulnerable and beautiful community during our city's difficult financial crisis. i urge you to defend the businesses and residents who have invested in your vision to create the most desirable community in the Inland Empire. Sincerely, Dr. Nelson Butay, DDui. Halley Butay (3 yrs), and Adam Butay (I yr) 12943 Bartholow Dr., Rancho Cucamonga, CA 91739 EXHIBIT P. & B32 P847 Smith, Michael From: Sheila Hemandez[shemandez35986 @gmail.coml Sent: Thursday,July 05, 2012 2:39 PM To: Smith, Michael Subject: NO MORTUARY ON ETIWANDA! To Rancho Planning Division To Michael Smith, Dear Mr. Smith, This letter is to inform you that I totally object to the project planned to put in a Funeral Home at Etiwanda Avenue next to the Post Office. After speaking to my neighbor about this who had spoken to you, she said you had instructed to write a letter to let you know how we feel about the proposed Funeral Home. WE OBJECT!!!!!! NO FUNERAL HOME/MORTUARY ON ETIWANDA—HOW SICKENING! A plan for such a business is absolutely objectionable, unreasonable,illogical, and irritating beyond belief that this city will stop at nothing to allow yet another business and into a NEIGHBORHOOD WITH KIDS AND THE ADULTS WHO BOUGHT IN to experience even more traffic and of such an onerous foundation to be part of a family neighborhood! Who thought of this? Who there at your office would trade places with even one person this would affect? NO ONE that's who. The idea of tending to the dead is a horrific enough idea but to place in such an area is an outrage!!! I went to school, worked hard. and decided to move here with my family after much consideration from friends, real estate agents,talking to the local schools, and looking at the area in general. We moved with the boom, and thought we were"really" getting in to a nice, small-town community and feel in general to the immediate surrounding area. We attended a wedding at the Etiwanda Gardens, and have since been to memorials and funeral services there. That one corner area alone at Etiwanda Gardens leaves a feeling when driving by of the family and friends we have LOST, and whose services were held there in a really bad way. I CAN'T IMAGINE HAVING A FUNERAL HOME ON THE OTHER SIDE OF THE STREET! I CAN'T IMAGINE WHAT THIS WOULD DO TO THE ETIWANDA GARDENS R'HEN HAVING A WEDDING OR TRYING TO COORDINATE ANYTHING AND DIRECTING THEM ACCORDING TO BEING"ACROSS THE STREET FROM THE FUNERAL HOME!" Oh my god--really? SICKENING. I don't want a double-sided psychological event going on when having to travel down Etiwanda Avenue. We moved here to be around other people, and even with the freeway 210 having opened and so many extra people we were told would never be here from all the extra living arrangements being made by this city in the form of too many apartments, condo's, and houses—the idea of having a home dedicated to dealing exclusively with the dead and services that go along with that being just feet or even a mile from my home, is psychologically damaging and too much to take or ask from any resident here. 7/10/2012 A & 6 37 /' YW • J ' • P848 • Smith, Michael From: Gary D.Olson(golson@farmersagent.comj Sent: Wednesday,June 27, 2012 1:51 PM To: Smith, Michael Subject Mortuary Project on Etiwanda Ave Michael, I live and work in Rancho Cucamonga. My home is located just off Etiwanda Avenue at 12783 Rock Garden Court,and my business is located near Foothill and Rochester at 11830 Sebastian Way,Suite 101. recently noticed a sign indicating that somebody wishes to locate a mortuary on Etiwanda Avenue in Rancho Cucamonga. I would like to voice my strongest opposition to this. The area in question is almost 100% residential with three schools mixed in.A residential area is no place for such an operation.The very thought of placing a mortuary here is ludicrous and idiotic.I do not wish to debate zoning laws and regulations.This is where my family fives! I do not wish them to be forced to see an operation totally and completely associated with DEATH-the most frightening event of our lives.A mortuary would degrade quality of life for those of us forced to see it every day. Additionally, a mortuary would bring our property values down even more. In addition to my written opposition,I would like to state that I'm ready to do everything legally possible to oppose this project,and there are many others in the area who feel the same. My hope is that someone in Rancho Cucamonga's chain of approval(you,perhaps?)will be serisible and put a stop to this NOW,and start working to get the project moved to a more suitable location. " Sincerely, Gary Olson Mae" Gary D. Olson Farmers Insurance Group, Agent • 11830 Sebastian Way, Suite 101 Rancho Cucamonga,CA 91730 (909)786'2280 Phone • (856)950-6325 Fax oa lson @ f o rme rsaq en t.co m A & 6 51 7/10/2012 y7 rage t or i P849 Smith, Michael From: VANDM Angelo [viangeio77 @yahoo.com] Sent: Saturday, June 30, 2012 6:50 PM To: Smith, Michael Subject: ETIWANDA MORTUARY ABSOLUTE OPPOSITION Mr. Michael Smith Sir, I work at Victoria Gardens and am very upset to know about this proposal to build a funeral home close to where I work. I AM SAYING I OPPOSE THIS ETIWANDA MORTUARY PROJECT COMPLETELY AS DOES MY ENTIRE FAMILY WHO WORKED VERY HARD TO MAKE A LIFE HERE NEVER TO HAVE TO COME ACROSS SOMETHING .LIKE THIS. THIS IS AWFUL, PLEASE SIR. I come from a background in Los Angeles where gun-fighting and gang activity is the norm. When my parents divorced, my mom did everything she could to get us into a better area. We moved to Ontario first, and then to "older" Rancho Cucamonga before it was what it is today. I remember how grateful my sister and I were moving to a place we didn't have to be afraid of in the middle of nowhere, a place we didn't have to hear the sirens coming to, a place where the coroner or mortuaries weren't being called out to come take who were our neighbors and friends, away in their van while we sat behind iron-barred windows hoping the next bullet wouldn't take anyone inside our own house. There is a very distinct feeling being in that type of existence so close to death. It feel hopeless and scary. I have a very bad attachment to anything death, including police cars, hearses, the coroner, funerals in general, and I can't even watch the CSI type shows. I lived too much of what would be considered a crime scene to want to watch it on t.v. This brings to why I am writing to you. A very nice client of the shop that I work at, came in and told me she had seen a sign on her way to the mall that said they wanted to build a funeral home on the way to the mall. The first feeling I had was that I jumped back, like a smack to my stomach and memories. It reminded me of being at home off Vermont. I hadn't thought of that in a long 7(2/2012 A & B 47 Yage 2 of 3 P850 time. The girl standing next to me heard part of what we were talking about and she jumped back too and her face went bad upset. We don't want this anywhere here. So many of us use Etiwanda Avenue to go to home and work and the post office as do so many of the clients in our stores here at Victoria Gardens, they come to shop with us using that street. I was surprised I did not see the sign myself to say what it did. I am used to seeing new homes signs that look just like that for so many years. My client who told me had also not ever seen it before and was very upset while she was in the store trying to shop. She said she was going to call and get information and then call me back. She did and gave me your information to tell you how I feel. I hope you care how I feel. I would care how you feel. I grew with the gangs who didn't care about how anyone felt. I don't want to feel that kind of loss of control over where I live again. As someone who works, shops, lives and does business in Rancho Cucamonga, who comes from the background I did, who come so far and works very close to where this new project is asking to be located, I can only PLEAD TO YOU IN MOTION NOT TO PUT IT IN. FOR ME PERSONALLY it will be like living the nightmares I had to live in Los Angeles, and for the rest of the people I cared about who I had to leave behind, no matter what it looks like, or what it calls itself, it will be there to deal with dead bodies and that being so close makes me feel nervous and scafied and that won't go away. I don't like that feeling. I don't want to feel that feeling. I don't want this project at all being put in. YOU REALLY DON'T KNOW how many people you will be affecting by putting something like that in who .would be forced to pass by it on their way to a day out, but after seeing it might feel different. YOU DONT WANT RANCHO CUCAMONGA BEING ASSOCIATED WITH DEATH---YOU WANT IT TO BE CONNECTED TO THE VICTORIA GARDENS AND THE NICE HOMES AND THE NICE WAY OF LIFE—THE SAFE PLACE IT HAS BEEN AND WHAT MY FAMILY SEES RANCHO CUCAMONGA AS BEING AND THE OPPOSITE OF WHAT IT WOULD BE IF YOU LET THE MORTUARY IN. I don't want a mortuary a block away from where I work or near where I live it is sickening to me and brings up too much. Even though I tell my client I will write she does not know my story but now you do. I am 7/2/2012 A & B 48 �9 P851 begging you on the life I was lucky enough to leave behind not to put me near death. It is scary and brings back very bad memories to me to know this project would even be considered for such a prominent area— it doesn't belong—it is dead people being mingled in with live people. That isn't right. Please don't. Death is not for the living neighborhoods. Death is a sadness you try to escape and stay away from. HELP US, PLEASE HELP US. Victor and Mary Angelo Please, this has really rattled my mom and other people I work with. Please help while you still can. This is awful, oh god, please help my family. A & 849 7 1212012 �D I u0'a. I V3 T P852 Smith, Michael From: Chris Downey[cldlreddbmw @hotmail.ccm] Sent: Thursday, July 05, 2012 3:23 PM To: Smith, Michael Subject: re: NO mortuary on etiwanda and candlewood! Hi Michael. I AM DEEPLY OPPOSED TO MORTUARY PROJECT! SHAME ON YOU FOR NOT LETTING MORE PEOPLE KNOW ABOUT THIS--AS IT WILL AFFECT MANY, MANY, MANY MORE PEOPLE THAN THE FEW YOU NOTIFIED! IT WILL AFFECT THE ENTIRE AREA! IT WILL CHANGE HOW THIS AREA IS COMPLETELY AND WHO WANTS TO PASS THAT KIND OF CRAP BUSINESS BY ON THEIR WAY TO A DAY OUT AT THE MALL, TO THE POST OFFICE, TO SCHOOL WITH THEIR KIDS, OR ANYWHERE ELSE? GROSS. THIS BUSINESS HAS REAL AUDACITY IN TRYING TO SNEAK IN AN NOT TELL ANYONE ABOUT IT-SHAME ON ALL OF YOU:_YOU LIVE NEXT TO SOMETHING LIKE THIS! AND YES, WE ALL KNOW THIS KIND OF BUSINESS NEEDS TO EXIST--BUT FOR THE WORST PART OF LIFE--AND THEY NEED TO GO BE NEAR SOME OTHER C17Y OR A CEMETERY--NOT A FREAKING NEIGHBORHOOD! I was told to email you so here it is. I put it together late last night and am very upset about this proposal. This is completely ludicrous to try to introduce this type of business into a neighborhood and outrageously insensitive. i don't know if you want it as an attachment or here in an email so I went ahead and cut and pasted it here...I was an am obviously VERY UPSET about this and was TO THE RANCHO CUCAMONGA CITY COUNCIL, Michael Smith and anyone else this involves... I COMPLETELY OBJECT TO THE MORTUARY PROPOSAL IN RANCHO CUCAMONGA ETIWANDA, ON ETIWANDA AVENUE!!!! MY ENTIRE FAMILY OPPOSES THIS MORTUARY AND I AM GLAD WE CAME TO KNOW ABOUT IT BEFORE IT IS TOO LATE! (NOT THAT THIS CITY DID ANYTHING TO TRY TO BRING IT TO ANYONE'S ATTENTION IT HAD TO BEYOND THE TINY SECTION OF LAND WHEN IT WILL IN FACT RUIN THE LIVES, PROPERTY VALUES, AND AREA IN GENERAL WAY PAST THE NOTIFICATION AREA!!!) TO BE UP THIS LATE AT NIGHT HAVING TO CONSIDER THIS OBSCENE PLAN TO PUT A FUNERAL HOME AT THE AREA OF ETIWANDA AND CHURCH, LEAVES ME MORE THAN UPSET. I AM SO PISSED OFF HAVING TO DEAL WITH HOW UPSET MY WHOLE FAMILY IS AND NOW THEY SAY I HAVE TO SEND A LETTER TO TRY TO MAKE DIFFERENCE--WHICH I DONT MIND DOING UNDER CERTAIN CIRCUMSTANCES, BUT TO THINK OF THE -WHY- I HAVE TO BE DOING THIS IS MORE THAN UPSETTING! I WORK 14 HOUR DAYS AND HOPE MY CITY WILL KNOW HOW TO HANDLE ITS JOB WITHOUT FORCING ME TO BE PART OF IT---I DONT SEE THEM HAVING TO DO, INTERVENE, OR -HELP- ME DO MY JOB, BUT HERE I AM WITH THE REST OF THE COMMUNITY PROTESTING AND HAVING TO HELP THE CITY UNDERSTAND SOMETHING THEY SHOULD HAVE KNOWN FROM THE OUTSET--TO NOT PUT THIS B.S. BUSINESS IN THIS AREA--AND HERE I AM ON THE 4TH OF JULY WRITING THIS OUT SO YOU HAVE IT BY THURSDAY! AND WE DONT THINK FOR A MOMENT THAT THESE FUNERAL/MORTUARY PEOPLE DONT KNOW WHAT THEY ARE DOING IN TRYING TO INSERT THEMSELVES HERE INTO THIS COMMUNITY INTO A SINGLE-FAMILY NEIGHBORHOOD THE WAY THEY ARE---THAT ALONE IS DESPICABLE!!!!HUN THEY QUOTE THEMSELVES AS-COMPASSIONATE,- IF THAT WERE TRUE THEY WOULD NEVER TRY TO GET INTO AN AREA LIKE THIS. COMPASSIONATE, MY ASS, THESE MONEY MONGERS ARE HERE FOR ONE REASON ONLY—TO MAKE MONEY OFF THE PEOPLE OF THE ETIWANDA AREA OF RANCHO 7/10/2012 A. & B 39 51 P853 CUCAMONGA AND WE DONT WANT THEM HERE. I USE ETIWANDA AVENUE ALL THE TIME TO VISIT MY FAMILY, GO TO THE POST OFFICE, GO TO THE MALL., GET TO THE FREEWAY, ETC. AS IT IS A MAINSTAY OF THE COMMUNITY, ALREADY! EVERYONE TRAVELS ETIWANDA AVENUE INCLUDING THE SCHOOL KIDS AND THIS IDEA IS SO OBSCENE! KIDS...REALLY? HAVING TO SEE DEATH AND HEARSES AND CARS AND LIMO'S AND EVERYTHING ASSOCIATED WITH INCREASED TRAFFIC AND DECREASED SAFETY FOR THEM AS THEY TRAVEL ON FOOT TO AND BACK FROM SCHOOL??? AND PUTTING THE PARENTS IN THE SITUATION OF HAVING TO RIDE BY THIS ON A TWICE-DAILY RUN??? THIS IS NOT WHAT THEY SIGNED UP FOR WHEN THEY BOUGHT INTO THIS AREA---AND YOU KNOW IT!!! IN FACT, YOU COUNTED ON THEM COUNTING ON EXACTLY WHAT THEY BOUGHT INTO--A PRIVATE, SINGLE-FAMILY HOME NEIGHBORHOOD THEY COULD RAISE THEIR FAMILIES IN WITH ALL THE PERSONAL., SOCIAL, ECONOMICAL. CULTURAL AND WHATEVER OTHER VALUES THEY WOULD BRING WITH THEM. THAT RUNS PART AND PARCEL WITH SELLING A HOUSE---YOU ARE SELLING A LIFESTYLE—A STORY THEY CAN COUNT ON TO LIVE WITHIN AND WHAT ABOUT THE DEVALUATION OF THE PROPERTY VALUES THAT WILL NEVER COME BACK AFTER PUTTING IN SUCH A DISCONCERTING, FREAKY, DARK, HAUNTING, NOBODY-WANTS-IT- HERE BUSINESS??? HAVE YOU EVEN THOUGHT ABOUT THAT? WE DONT WANT IT AND HAVE EVERY RIGHT TO LIVE WITHOUT THE ENCUMBRANCE OF A BUSINESS LIKE THIS ACROSS THE STREET FROM ANY OF US! AGAIN—HAVING SOLD REAL ESTATE I UNDERSTAND HOW DEEPLY CONNECTED THE HOME BUYER IS TO THE ENTIRE PROCESS WHICH ENTAILS MANY QUESTIONS AND NECESSARY ANSWERS. AND EVERY ANSWER HAS MEANING TO SOMEONE DECIDING ON WHERE THEY WILL LIVEW AND AFTER THEY GET IN, SETTLE INTO THE HOME AND THE AREA—THE LAST THING THEY NEED TO DEAL WITH IS THINKING THEY DON'T WANT TO LIVE THERE, OR THINKING ABOUT HAVING TO MOVE OUT! AFTER MAKING SUCH A HUGE COMMITMENT—A COMMITMENT THEY EXPECT THE CITY TO RETURN AND ONE THE CITY NEEDS TO RETURN!!! BEING AT HOME SHOULD BRING WITH IT THE FEELING OF "HOME," —SAFETY, SECURITY, COMFORT,AND THE CONNECTION ONLY HOME CAN BRING. IT'S BEEN THAT WAY FOREVER AND IT WILL ALWAYS BE THIS BUSINESS IS INSTIGATORY IN NATURE, IS BAITING TO THE HEARTS OF THOSE IMMEDIATELY LMNG NEXT TO THAT LAND, IS INCOMPREHENSIBLY DISRESPECTFUL., IS SELFISH, UNDERMINING, AND THE CITY IS BULLYING THE RESIDENTS WHO SUPPORT IT. THIS BUSINESS GIVES NO COMFORT—ONLY PSYCHOLOGICAL DETRIMENT AND HAS NO BUSINESS BEING IN OUR NEIGHBORHOODUH GET OUT.!!! I WORK HARD ALL DAY AND HAVE TO COME HOME AND TO DEAL WITH THIS WHO IS IT THAT EVEN LET THIS PLAN GET THROUGH TO THIS STAGE? Did you really think we wouldn't care THAT YOU ARE ATTEMPTING TO CHANGE THE ENTIRE FEEL OF THE AREA MANY HOMEOWNERS SPENT TOO CLOSE TO A MILLION DOLLARS TO BUY INTO? YOU DON'T PUT A MORTUARY OF ALL THINGS INTO A NEIGHBORHOOD---YOU ARE NOT THINKING HERENN EVERYONE IN THIS AREA IS AND WOULD BE AFFECTED BY THE IDEA OF PUTTING SUCH AN INAPPROPRIATE BUSINESS IN A FAMILY RESIDENTIAL NEIGHBORHOODM I AM ALSO VERY SICKENED BY THE OBSCENE IDEA TO MAKE MONEY OFF DEATH IN THE MIDDLE OF SUCH A FAMILY-SINGLE-FAMILY-HOME NEIGHBORHOOD—FULL OF CHILDREN, SCHOOLS, FAMILIES JUST TRYING TO GET BY, WHO WERE ALL PROMISED IN THE PURCHASE THAT THIS AREA WOULD STAY COMPLETELY FAMILY ORIENTED IN ONLY PUTTING IN MORE HOMES—WHICH WAS WHAT RANCHO CUCAMONGA IS ALL ABOUT. NOW THEY ARE ABOUT MAKING MONEY NO MATTER WHAT. YOU CANNOT CHANGE AN ENTIRE AREA'S WAY OF LIFE AND MAKE THEM HAVE TO DEAL WITH 7/0/2012 A & B 40 C :J� P854 SUCH A BUSINESS THAT HAS NO BUSINESS EVEN ASKING TO BE IN A FAMILY RESIDENTIAL NEIGHBORHOOD!!!!!!!! GO AWAY WE DONT WANT YOU HERE!!!!!!!!!!!!! NOWHERE IN THIS AREA DO WE NEED TO FEEL THE PRESENCE OF A MORTUARY!!!! MYSELF AND MY FAMILY DO NOT WANT A FUNERAL HOME OF ANY KIND ANYWHERE NEAR THIS NEIGHBORHOOD. THIS IS A THOROUGHFARE TO THE VICTORIA GARDENS, SCHOOLS, CHURCH, BUSINESSES, THE POST OFFICE, ETC. IT IS COMPLETELY INCOHERENT THINKING TO PUT IN A BUSINESS THAT IS OF PURE DEATH AND THE LOSS OF A LOVED ONE ON A CONTINUOUS BASIS, EVERY SINGLE DAY, HAVING THE POTENTIAL FOR MULTIPLE SERVICES A DAY INTO A FAMILY NEIGHBORHOOD!!!! M IT IS INCONCEIVABLE HOW YOU TRIED TO PUT THIS IN AND DIDN'T SAY ABSOLUTELY NO AT THE VERY OUTSET! HOW COULD YOU EVEN THINK TO ALLOW THIS KIND OF BUSINESS IN? ETIWANDA GARDENS IS BAD ENOUGH, BECAUSE THEY DO THOSE KIND OF SERVICES AND IT LEAVES A BAD FEELING ABOUT THE PROPERTY--ONE YOU DONT WANT TO GO BACK TO-LIKE HAVING TO GO TO A CEMETERY BECAUSE IT IS ALL ABOUT LEAVING SOMEONE YOU LOVE BEHIND AND EVERYTHING DEATH ENCOMPASSES. AND THIS NEW MORTUARY WOULD BE LIKE NO OTHER BUSINESS-NO OTHER BUSINESS!!!! DEATH IS DEATH AND LIFE IS LIFE AND NO ONE ALIVE WANTS TO BE AROUND DEATH AND WE DON'T HAVE TO BE!!!! WHOEVER ON THE CITY COUNCIL WHO THINKS THIS IS O.K., CAN PUT IT ACROSS THE STREET FROM THEIR HOUSE AS LONG AS THEY DONT LIVE ANYWHERE NEAR USM! HOW CAN YOU BE SO INSENSITIVE? OR THINK THIS WOULDN'T MATTER? HOW CAN YOU THINK TO DO THIS TO TAX-PAYING RESIDENTS YOU REPRESENT? HOW CAN YOU THINK TO PUT THIS NEXT TO FAMILIES? HOW CAN YOU THINK TO PUT THIS NEXT TO CHILDREN? HOW CAN YOU THINK TO PUT THIS NEXT TO SCHOOLS? HOW CAN YOU THINK TO PUT THIS IN FRONT OF PEOPLE ON A DAILY BASIS AND FORCE THEM TO BE PUT IN TOUCH WITH THEIR MORTALITY JUST BY HAVING TO SEE IT EVERY SINGLE DAY FOR THE REST OF THE TIME THEY LIVE HERE? PEOPLE BOUGHT IN THIS AREA WERE PROMISED HOUSES ONLY IN THIS AREA!!!!! YOU CANT TO THIS TO US!!!!!!!! AND YOU OUGHT TO BE ASHAMED OF YOURSELVES!!!!!!!!!!!!!! THERE IS POTENTIAL FOR ENORMOUS TRAFFIC PROBLEMS DEPENDING ON HOW MANY FAMILY MEMBERS PER SERVICE AND HOW MANY SERVICES PER DAY! AND THAT IS ONLY THE BEGINNING. AND ONCE YOU LET IT IN YOU CANT TAKE IT BACK!!! STOP THIS NOW PLEASE!UHH! TO HAVE TO SEE HEARSES OF ALL THINGS, EVERY SINGLE DAY AT ANY GIVEN POINT IN A DAY IS REALLY BEYOND WORDS AND A DISGUSTING THING TO PUT IN FRONT OF PEOPLE-YOU CANNOT MAKE THE PEOPLE LIVING IN THIS AREA, WHERE PROPERTY VALUES WILL ABSOLUTELY DROP EVEN FURTHER BEING FORCED TO BE ACROSS THE STREET FROM DEATH ON A DAILY BASIS, EVERY DAY WATCHING HEARSES, LIMO'S, ANY OTHER VEHICLES FOR DEAD BODY CARRYING, AND MOURNING PEOPLE FILING IN AND OUT AS THEIR DAILY "NEW" WAY OF LIFE BEING FORCED UPON THEM BY THE CITY OF RANCHO CUCAMONGA IS JUST TOO SICKENING. JUST THINKING ABOUT THIS IS NAUSEATING AND ANXIETY PRODUCING! WE ARE ALREADY TAX-PAYING RESIDENTS-WHERE, IF WE 7/10/2012 A & B 41 53 P855 WOULD HAVE KNOWN THIS WAS EVEN A CONSIDERATION IN YOUR PLANS WOULD NEVER HAVE MOVED HERE. EVERHH THIS WAS FALSE ADVERTISING. . A PLACE YOU CALL HOME IS SUPPOSED TO BE FREE OF ANY NEGATIVE, FEELINGS THAT WOULD LEAVE A HOMEOWNER NOT WANTING TO GO HOME-TO BE AFRAID OF GOING HOME BECAUSE OF THE INSENSITIVE BUSINESS OWNERS ACROSS THE STREET...HAVE YOU THOUGHT THAT IT MIGHT BE A VERY BAD DECISION TO PUT IN A BUSINESS LIKE THIS WITH SO MANY PEOPLE ---EVERYONE IN THE COMMUNITY---VOTING AGAINST IT??? THEY JUST MIGHT HAVE SOMETHING TO LOSE... YOU ARE DISGUSTING FOR EVEN ALLOWING THIS PROJECT TO GET THIS FAR! NO FUNERAL HOME IN ETIwANDA, RANCHO CUCAMONGA—STOP THIS NOl !ffl!ffl!!!!ffl!!- Chris Downey, Rancho Cucamonga, CA 7%1012012 A & B 42 �7 Tajinder Kaur P856 12770 Golden Leaf Dr. Rancho Cucamonga, CA, 91739 March 21, 2012 " Mike Smith & James Troyer CITY OF RANCHO CUCAMONGA City Planner City of Rancho Cucamonga MAR 2 7 202 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a)cityofrc.us RECEIV ED _ PLANNING Dear Planning Department: Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services, Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. Fhis funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. Sincerely, A & B58 6- T P857 LID((��S Q�J ADRO July 9, 2012 City of Rancho Cucamonga Monday,. Planning.Comm ssioner Richard Fletcher PO Box 807 Rancho Cucamonga CA 91730 Re: SCI Funeral Home planned for Euwanda Ave Mr. Fetcher. interest Sunday's Daily Bulletin quotes you as stating you "have not been approached with concerns about this prgject". Over 300 residents verbalized their concerns about the funeral home at the March meering at Etiwanda Gardens. 1 was there. The SCI and City teams present were inundated with concerns from the residents. .At one point, a resident asked a City representative if"you would like a funeral home in your neighborhood?"and the rude response of'7 didn't buy property near a vacant lot"served only to increase the opposition's rancor.The residents spoke vehemently against the use of the property for a funeral home.The only glimmer of hope was the willingness of one resident to help the SCI team locate a more suitable location. Many of us were hopeful that was an option under consideration. In addition to the property devaluation and the"haunting factor" as mentioned in the newspaper story, the opposition stated several other reasons the neighborhood objects to.a funeral home: 1) The traffic during school days backs up the full W'mile below Baseline on Eti wanda every morning for an hour, and every afternoon for an hour,for dual-school drop-offs and pick-ups. 2) The already high traffic levels on the Etiwanda Corridor brings shoppers, diners and movie-goers to Victoria Gardens and Bass Pro Shop, which creates more than enough traffic and noise on this busy street. 3) The traffic on Etiwanda and surrounding streets will increase due to funeral visitations and processions. The processions will become a daily visual nuisance and traffic nightmare for the residents. 4) The noise from the 1.5 freeway is so loud and bothersome,that more noise from funeral home vehicles. guests and processions is unwarranted and punitive to this community. 5) It is incompatible to place a funeral home within �h mile of the 604 Kindergarten through?grade students that attend Grapeland Elementary School on E6wanda Avenue, 6) It is incompatible to place a funeral home within 1,000 611, 7t6, and 81i grade students attending Etiwanda Intermediate just North of Grape]and. 7) Etiwanda Gardens provides luncheons, weddings and occasional funeral services. It seems their modest involvement in providing funeral services is unobtrusive. and not an issue for the neighbors. Further,the Gardens' ability to provide this service more than adequately handles the funeral needs of our neighborhood. A city-wide need can be met elsewhere. The intrusion of a funeral home and its related activities into this family-oriented community is an unnecessary detriment to the families living here. The tax-paying,property owners of this neighborhood deserve the respect of the City. My community should not bear the burden of the Planting Commission's desire for a funeral home. Sincerely. au u MY OF RANCHO COCAMONGA I a slau @ oo.com cc: City Council Members JUL 11 2012 RECEIVED - PLANNING 7441 HavenhurstApiq 35ancho Cucamonea CA 91739 / P858 Smith, Michael From: Pam Hennosilla Iredditchick @gmail.com] Sent: Sunday, June 24, 2012 9:49 PM To: Smith, Michael Subject: That funeral 'home is a terrible idea. To Community Development: Isn't building a funeral home in a residential area just depressing and unattractive? I strongly disagree to the establishment of this, and I am sure many of the home owners and families in this area do too. Sincerely, A Rancho Resident 7/10/2012 A & B52 57 P859 Smith, Michael From: yvonne flores [yvonflo @yahoo.coml Sent: Friday, March 30, 2012 2:20 PM To: Smith, Michael Subject: Proposed Funeral Home at Etivranda & Candlewood, City of Rancho Cucamonga I attended the community meeting held at Etiwanda Gardens Communiri, Center on March 8 and was very disturbed about the plans to build a mortuary so close to the residential dwellings. Why here"9 Right now it is a nice and Quiet neighborhood then we'll have all sorts of traffic congestion and the idea alone of a mortuary not even two blocks away just does not feel right to me. Please, please the City of Rancho Cucamonga has to deny their petition. We DO NOT want them in our neighborhood!!! Appreciate your advising me of any more meetings and/or gatherings at city hall so we.can put in our two cents worth. Thanks. 7/10/2012 A & 8 53 P860 130 r14A�i%CuC4tylc✓I�� f 7� I Mike Smith & James T yer City Planner City of Rancho Cucamonga CITY OF � �� 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a)citYOfrc.us APR 0 4 2012 Dear Planning Department: RECEIVED - PLANNING Re: Fiie'Numoer DRC2011-01094 & 010940 As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so, close would, pose a severe psychological discomfort and would, be a. continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services. g Ag;ca tl:° ^yuaSuon. of heaFh risk (whether perceived or,factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. Sincerely, A & 854 P861 X 3 0 on o KrLa 41739 Mike Smith & James Troyer City Planner a { City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Can�F [��}�� CL%� 16VG! Rancho Cucamonga, CP., 91730 Michael.Smith(a),citycfrc.us APR 0 4 2K Dear Planning Department. Re: File Number DRC2011-01094 & 01094D RECEIVED - PLANNING As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. Sincerely, A & B55 66 rage 1 of 1 P862 Smith, Michael From: Christine Curtess [chriscurtess@gmail.com] Sent: Friday, June 29, 2012 9:55 AM To: Smith, Michael Subject: Mortuary in Rancho Cucamonga My name is Christine Curtess and l am a resident and real estate agent in Rancho. Is this a god idea to have this structure at this location. What happened to the location on Basline in Old Rancho_ I am appalled that something like this is taking place in the newer pat of Rancho. This is not a landmark and will stick out like a sore thumb. Sincerely, Christine Curtess DRE#00933256 Evergreen Realty Cell 1 909 996 1883 1 F 909 463-2550 http://www.chriscurtess.com 7/2/2012 A & B 50 r01 P863 Bhupinder Jalota 12830 Golden Leaf Dr. Rancho Cucamonga, CA, 91739 CITY OF RANCHO CUCUIOWA March 21 , 2012 MAR 2 6 2012 Mike Smith & James Troyer City Planner City of Rancho Cucamonga RECEIVED - PLANNING G 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(cityofrc.us Dear Planning Department: Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of E_ tiwanda Ave and Candlewood'St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. fhis funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. incerely, A & E59 P964 untitled July 3, 2012 Planning Department City of Rancho Cucamonga P.o. BOx 807 Rancho Cucamonga, CA, 91729 This letter is in response to the public hearing for a request to construct SCI Funeral Service . I am AGAINST to this proposal from the beginning.I live in the area across this proposed funeral home. our family home value is already greatly affected by the negative effect of bad economy and a bad housing market. Then you are are going to add this funeral home to this residentialarea. what would be left of us after many years . This funeral home wil-1 add to more reduction to the valueof our family home. what would happen also to the school close to it like the Grapeland Elementary which is rank # 1 in the state California. My child and all the other students effort will be gone to waste if you allow this f.home to be constructed in the said.The students will never forget this and it will have a negative effect on the way they study and the inspiration to be the best. Because people will give them a remark of a school near the funeral home. Even now my two'.other children doesn't like the idea of seeing the sign of a proposed sci funeral home site whenever we passed by Etiwanda Ave. They said it is creepy and SAD. The church is different than a funeral home TOTALLY different if you think we are close to sacred Heart church. A church holds every function, wedding, baptism and funeral like happy and sad events but Funeral Home does sad events only and it will greatly ,.ffect the peaceful and happy community where my children will grow. o a.big "No" to this funeral home.They can go somewhere where they are far from a nice and quiet residential area where we live in. I am doing this letter to protect the future of my children and my family. i Res 1:fully yours, Mrs. Leonila Hermosilla and family 12805 Golden Leaf Drive Rancho Cucamonga, CA, 91739 CITY OF RANCHO CUCAMONGA JUL 0 9 2012 RECEIVED - PLANNING Page 1 A & B36 _. f�3 yy a Harishowdary G1 n/ ra (I� "� e" Ur� P865 12847 Colnnade Dr. Rancho Cucamonga, CA, 91739 March 22, 2012 CITY OF PANCHO CUCANXMA Mike Smith & James Troyer City Planner City of Rancho Cucamonga MFR 2 6 2012 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 RECEIVED . PLANNING Michael.Smith(o�cityofrc.us Dear Planning Department: Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home atthe comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. (his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. ;ncerely, A & 560 /� 4_' MY OF RANCHO CUC.AkyjWA P866 Fro APR Q 2 2012 733 a ree< t Ranch Cucamonga, CA 91739 RECO"'EIt�f,CD y P, . N I,ING Mike Smith & James Troyer � City Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box. 807 Rancho Cucamonga, CA, 91730 M ichael.Sm ith(a)cityofrc.us Dear Planning Department: Re: File Numb VNEWWREM As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) C Irreparable further the depreciation in property value as much as 15% in some studies Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. A & B 61 P867 OF WCHO CUCAMONU F kPR.O 2 2012 73 onoma reels Ct Ranch Cucamonga, CA 91739 [�ty ��Jp ' p��* Mike Smith & James Troyer RKE �L� - ' +a��I�ING City Pianner City of Rancho Cucamonga 10500 Civic Center Drive P.O, Box 807 Rancho Cucamonga, CA, 91730 Michael.Smhh(a)citvofrc.us Dear Planning Department: Re: File Numbe ; As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose.a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. A & B62 ^ Y/'V P868 M- J --aA -0 v C-- ,4d -tole o4 -a ro VCS -ae t nee al A & 664 P869 Smith, Michael From: ken hong [kenhongdc @yahoo.com] Sent: Tuesday, March 13, 2012 5:50 PM To: Smith, Michael Subject: Re: no to tunes! home Ken Hong 7331 Shelby Place #35 Rancho Cucamonga, CA 91739 kenhongdc @yahoo.com March 12, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith @cityofrc.us Dear Planning Department: Re: File Numbe s - As you are aware unerai Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: 1. Increase traffic flow 2. Potentially attract gang retaliation at rival gang member's services 3. Raise the question of health risk (whether perceived or factual) 4. Irreparable further the depreciation in property value as much as 15% in some studies 5. Change the tone and ambiance of the neighborhood 6. Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, From: "Smith, Michael" <Michael.Smith @cityofrc.us> To: ken hong <kenhongdc @yahoo-com> Sent: Tuesday, March 13, 2012 2:36 PM Subject: RE: no to funeral home 3/]9/2012 .4 & B 79 /- P870 Smith, Michael From: yvonne Flores [yvonfto @yahoo.com] Sent: Friday, March 30, 2012 2:20 PM To: Smith, Michael Subject: Proposed Funeral Home at _tiwanda & Candlewood, City of Rancho Cucamonga I attended the community meeting held at Etiwanda Gardens Community Center on March 8 and was very disturbed about the plans to build a mortuary so close to the residential dwellings. Why here??? Right now it is a nice and quiet neighborhood then we'll have all sorts of traffic congestion and the idea alone of a mortuary not even two blocks away just does not feel right to me. Please; please the City of Rancho Cucamonga has to deny their petition. We DO NOT want them in our neighborhood!!! Appreciate your advising me of any more meetings and/or gatherings at city hall so we can put in our two cents worth. Thanks. V5- 4/2/2012 A & B 63 �9 P871 Smith, Michael From: iconic62488 @mypacks.net Sent: Sunday, March 25, 2012 4:43 PM To: Smith, Michael,Troyer, James; Schrader, Lois; Gillison, John; Victorino, Valerie, Michael, Dennis Cc: neighborhoodfunerathome @yahoo.com Subject: Conditional Use Permit DRC2011-01094 March 25, 2012 Michael Smith Associate Planner 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: Proposed SCI Funeral Home in Residential Neighborhood (Candlewood/Etiwanda) Dear Mr. Smith et. al, I am sending you a formal complaint, not only about the proposed funeral home at a site that is bounded by residential homes and a school nearby, but also about the City's absence of concern for those living in the area. My fiance and I purchased a home that is 1100 feet from the planned site just two years ago. Even though the City may think that only homeowners within 660 feet are impacted by a funeral home and the traffic it generates, that is far from being the case. Candlewood is the street that I use to come home from work and I would be impacted by any such business that is placed on the property. It is also a route I take on the weekends as well. So, I consider myself to be very much affected by any funeral home that is placed in my neighborhood.The funeral home would also create an unsafe situation for our kids, as children walk along Etiwanda to and from school. Not to mention, there are usually kids in the area right across the street from the site. For these reasons, I attended the meeting on March 8ti', 2012 that the City didn't notify me was taking place (although I had contacted you directly to ask about any meetings.You would think as the associate planner you would have taken that opportunity to tell me about the community meeting, but because I live over 660 feet away, I was not informed;despite the fact that 1 reached out to you and asked for information on any meetings addressing this proposal. For this reason, I am ever grateful to some of my concerned neighbors who put the word out and left flyers in the neighborhood telling us all about the meeting. This oversight by a City representative and SCI, created distrust from the onset; a feeling that was shared by many at the March 81n meeting. Several of the neighbors that are right across from the proposed site, didn't receive notices. How can such a large organization like SCI hire a company to communicate the meeting in this way? Or was it the City's responsibility to do so?You would think that SCI &the City of Rancho Cucamonga have the resources to do better. Certainly, if you use their logic, they've done this before and should be experts at it. Unless, you really didn't want the neighbors to show up and let you hear our unified voices. It also makes one think about how poorly SCI conducts business if this is its "standard protocol." With respect to trust, I have to relay to you, your fellow planning commission members, and City officials, that SCI is not a company that I would trust in my neighborhood or in any part of Rancho Cucamonga/Etiwanda. I don't care how badly they want a Rancho Cucamonga address as they stated in the meeting. Upon doing some research, I have found their business practices to be highly questionable. SCI has been under investigation for poor business management, unethical disturbance of human remains, unlawful practices involving embalmment, and negligence. There are cases either pending or settled(with a judgment against SCI)in several states 4/2/2012 A & B 56 70 P872 including California, Virginia, Texas (funeralgate), and Massachusetts; to name a few. In the case of a pending class action lawsuit in California, "the Plaintiffs have presented evidence sufficient for the case to proceed to trial, including internal notes from SCI showing that the company was aware that human remains were being thrown in mass graves in order to make new graves 'ft'."And this is a company that the City would like to have in our community??? I think not! I know that SCI's plans do not currently request any embalmment or preparation of bodies at the proposed site, but a company who bends the rules, violates the law, and basic rights of human decency can't be trusted in any capacity! Whether or not they own and operate the planned site or contract it out, they've shown that they are poor owners and managers of what they call "death care services.' I want to make it very dear, that we are not ionorant about the type of people that come to funeral homes. Yes, there are the law-abiding citizens, but there are also gang members and unsavory people as well. My fiance is a police officer and he has told me how as part of his job, he has gone to funerals to find out the identity of gang members.At times, rivals have shown up to settle a score when they knew that another gang was having a funeral for a member. This is not something we need or want in our community! As it is, the construction going on at Baseline and Shelby has drawn undesirables who have burglarized several homes in the area and broken into vehicles. Because of the economy, home values have dropped. Placing a funeral home in a neighborhood has been known to cause home values to drop 15% or more.We don't want our home values to-decline even further. There are several homes for sale in the area, if you are in high favor of "funeral homes" in such close proximity to residences, come purchase a home here and see how you like having your children walk and play near a funeral parlor and then to add further insult, watch your home values take a dive. Our community IS NOT in favor of having a funeral parlor near our homes! Put a stop to this. A concerned voter and resident. Andrea Salgado 13000 Block of Colonial Drive Etiwanda, CA 91739 cc: L. Dennis Michael, Mayor John Gillison, City Manager James Troyer, Planning Director Lois Schrader, Planning Commission Secretary Valerie Victorino 4/2/2022 A & B 57 ?l P873 March 1S, 2012 City of Rancho Cucamonga Mike Smith Associate Planner 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: File No � -_ SCl Fun ce Ion c. Dear Mr. Smith, You are in a position today to have a significant impact on the quality of life for the resident of Rancho Cucamonga that live in the vicinity of the proposed site for a funeral home. This letter is to let you know that I am adamantly oppose to the proposal for SCI to build a funeral home on the corner of Etiwanda Ave and Candlewood Street Having a funeral home so close to me will only remain me of death being a few steps way. That can cause one a lot of psychological discomfort There is also safety issue to consider with an increase in traffic flow. The site is situated between two elementary schools. What can and will happen when school lets out and there is a flow of traffic leaving the site. With the housing crises that have caused homes to depreciate by more than fifty percent, the funeral home will only further depreciate the value of the homes in the neighborhood. We have work very home to be able to purchase a home in the great city of Rancho Cucamonga. We enjoy living here and raising our son. That could change if you allow SCI to build their funeral home here. I urge you to strongly oppose the filing. In doing so you will help preserve the peace of mind of all those living in and around the neighborhood. I thank you for consideration in denying SCI proposal. Sincerely,t CITY OF RANCHO CUCAMONGA --- MAR 19 2012 RECEIVED - PLANNING A & B65 7a P874 MOM t� 7510 Crawfor Place CR OF RANCHO Rancho Cucamonga, CA, 91739 �aA March 13, 2012 MAR 19 2012 Mike Smith & James Troyer RECEIVED _ PLANNING City Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.SmithO)citvofrc.us Dear Planning Department: Re: File Numb , As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: Increase traffic flow • Potentially attract gang retaliation at rival gang member's services Raise the question of health risk(whether perceived or factual) Irreparable further the depreciation in property value as much as 16% in some studies Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. Sincerely, A & B66 �I3 P875 Smith, Michael From: IeeLukelidalin [lukelil @hotmail.com] Sent: Sunday, March 18, 2012 6:56 PM To: Smith, Michael Subject: Objection on the Project for funeral home home 0110"V . Dear Mike Smith: I live in 12929 Quail Ct,Rancho Cucamonga. I am writing this letter to let you know that i don't agree on the idea for set up a funeral home at the comer of the community.It will effect the value of the property which has been decreased so lot already.It will do no good for the kid cause the traffic will be increased. and also, this is the residential area,we don't like the idea for any commercial at all. Thank you for your reconsideration. Pleasee let us know if we have to vote any petition or the schedule for the new hearing on the issue. regards, 12929 Quail Ct, Rch Cucamonga,Ca 91739 3/19/2012 A & B 67 77 P876 Smith, Michael From: De m@bestdealalarms.comj Sent: un ay, Ma 2 12:18 PM To: Smith, Michael Subject: No funeral home at =tiwanda&Candlewood r*(20((- atoILI ' Ot0'j'In S don' t want a funeral home built in my neighborhood. Sent. from my Verizon wireless S1ackBer_ry 1 A & B68 7� P877 Smith, Michael From: FJou923197 @aol.com Sent: Saturday, March 17,2012 3:32 PM To: Smith, Michael Subject: NO Funeral Home! Against funeral home in Rancho File Number DRC20 11-01 094 &010 Attachments: I FuneralHomeStopSCLetter.doc Re: File Numb9 ': d91! ti Dear Mike/Planning Department: As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. Our area is residential area with excellent school district. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Please! Please! Please!!! WE BEG YOU.... Sincerely, 12811 Crestfield Ct. Rancho Cucamonga, CA 91739 fjou923197 @aol.com 3/19/2012 A & B 69 NN/ P878 7420 Bungalow Way Rancho Cucamonga, CA 91739 i isa_m cclough @yahoo.com March 16, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a)citvofrc.us Dear Planning Department: Re: File NumbaR ___ As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B70 n P879 A & B 71 P880 Smith, Michael From: Jenifer Molineux iJenifer @jenifermolineux.com] Sent: Friday, March 16, 2012 5:34 PM To: Smith, Michael Subject: STOP SCI FUNERAL HOME Importance: High Date 3/16%2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Micha_I.Smith ci ofrc.us Dear Planning Department: Re: File Numb � - '--- —__._-----.—..§ As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • increase,traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to .not let this project move forward. 3/19/2012 A & 8 72 `79 P881 Sincerely, A Local Resio'ent Kemem6er not only to say the right thing in the right Place, but far morn-difTicult still,to leave unsaid the wrong thing at the tempting moment." —E)enjamin rranklin Logo-wshadow2 ! - I Cell (909) 262-2316 Officc (95 1 ) 5"-7-8400 i 26o Corona Pointc Ct. juitc 102 Corona,Ca 92879 Email jenifcr@jcnifcrmolineux.com Web www.jcnifcrMolincux.Com 3/1912012 A & B 73 90 P882 Smith, Michael From: Nufai yan [yanhiufai @gmail.comj i gent; Friday, March 16, 2012 4:07 PM To: Smith, Michael Subject: Proposal of Funeral Home next to U.S. Post Office at 7615 Etiwanda Avenue Mike Smith, Assoc-'ate Planner Planning Department / community Development, City of Rancho Cucamonga, 10500 Civic Cer.ter Drive, Rancho Cucamonca, CA 91730 Mar= 16, 2012 SPEW Proposal of Funeral Home next to J.S. Post Office at 7615 Et'_wanda Avenue I am writing to oppose t),e above proposal. I am the resident and oower of 2 houses, 12215 Golden Leaf Drive and 13116 Gabay Court , both are within walking._d ist ance to the proaosed site. I am very worry about the impact of the funeral home to my properties. Both properties are all my life saving=_ and one of them is a rental property that plays a major part of my income. According to this article, 17 neighborhood threats to your home's value' by Brian O'Connell of MainStreet (http://realestate.msn. com/7-neighborhood-threats-to-your-homes- value?gtl=35011&gt1=35012) , . . .certain commercial facilities nearby, such as a power plant or funeral home, can reduce the value of surrounding homes by as much as 15V i believe nobody will like to see their property value reduced and income decreased. I urge the City Planning Department to agree with me and my neighbors to oppose the `uneral home project at the aforementioned site. Thank you for your consideration and understanding, 12815 Golden Leaf Drive, Rancho Cucamonga, CA 91739 13112 Gabay Court, Rancho Cucamonga, CA 91739 1 A & 874 P883 13025 wail Cour Rancho Cucamonga CA 91,732 con niesmiies @yahoo.com March 14, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P,O. Box 807 Rancho Cucamonga, CA, 95730 Dear Planning Department: Re: rile plum r As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance Interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that ,ndowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the Question of heap risk (whether perceived or factual) • irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood ot Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincer=iy A & 676 ga. Pape i of I P884 COUNCIL E-MAIL Distributed i is -ice From: Wenjun Hang [gracehwj @hotmail.com] % Sent: Friday, March 09, 2012 10:52 PM ` f To: City Council Subject: Importance' High I am writing this letter to you in hope that you can support me and my neighbors say NO to the proposed Funeral Home at the corner of Etiwanda Ave and Candlewood St.l strongly oppose to this propose.A funeral home is not a good use of this land. I cannot imagine living so close to a funeral home.My family and my neighbors do not need a funeral home to remind us of death on a daily basis.We don't want to live in a depressed area. I understand that it may bring revenue to our city in the short run.However, this proposed development will negatively affect our city in the long run for the below reasons: *Lower Property Values —no one want to buy houses near a funeral home. *Higher Traffic Risk for Children -two schools located on the Etiwanda Ave *Possible Health/Mental Problems — uncomfortable feeling of having a funeral home neighbor' °Worst Feng Shui —funeral home release negative energies (illness/death) to the neighborhood I love my neighborhood, and I am proud of being a resident of Rancho Cucamonga. I've talked to several neighbors.None of them agree with this propose. We need your help and support.We need you to protect us. Please vote NO to this proposed funeral home development. Thank you! Sincerely, Wenjun (Grace) Hang 31112/2012 A & B 77 �3 P885 7622 Iron Horse Place Rancho Cucamonga, CA 91739 wysocki_matt@yahoo.com March 11, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Mi chael.Sm ith(acitvofrc.us Dear Planning Department: Re: File Numbej� 6f e As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Ebwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would.have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by.the community. As our city representative I beg of you to not let this project move forward. Sincerely, tome MORE-- A & 878 8� 12833 Crestfield Court P886 Rancho Cucamonga, CA 91739 March 11, 2012 CITY OF RANCHO CUCAi: A Mike Smith Associate Planner MAR 15 2.012 City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 RECEIVED _ PLANNING Rancho Cucamonga, CA, 91730 Michael.Sm ith(a)citvofrc.us Dear Planning Department: Re: File Numbe _ As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparably further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. S�cerely, A & 880 P887 12833 Crestfield Court Rancho Cucamonga, CA 91739 larch 11, 2012 CM OF RANCHO CUCAMMA Mike Smith Associate Planner MAR 15 2012 City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 C `'Eta PLANNING Rancho.Cucamonga, CA; 91730 RECEIVED - Michael.Smith(rocityofrc.us Dear Planning Department: Re: File Numbe8 „ As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of nis or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparably further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, P, & BBt 00 P888 Israel Garcia 13512 Whitestone Place Rancho Cucamonga CA 91739 March 13, 2013 CT`OF PMCHO C ICAhojGA Mike Smith, Associate Planner MAR 15 2012 City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 LCEIVED - PLANNING Michael.Smith�a-cityofrc.us Dear Planning Department: Re: File Numbe As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that +andowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B82 P889 Laura Rocha Maez CITY OF RANCHO CUCAMONGA P.O. Box 250 lancho Cucamonga, CA 91739 MAR 14 Z0191 March 13, 2012 RGCEWED _ P 65 NING Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a cityofrc.us Dear Planning Department: Re: File Numb d494. `,_ 9d ; As you.are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of '-iis or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that Landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, a. ae A & 8 83 P890 Ron Maez P.O. Box 250 Rancho Cucamonga, CA 91739 March 13, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(ocityofrc.us Dear Planning Department: Re: FileftgM, A2Q1'i01D9B As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B84 X7 P891 12763 Golden Leaf Dr Rancho Cucamonga, CA 91739 CITY OF RANCHOCUCAmoNGA 1 March 2012 MAR 14 2012 Mike Smith RECEIVED - PLANNING Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(c)-cityofrc.us Dear Planning Department: Re: File Number 0iU9"4`7&09094D" As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. -his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of pis or her-land)' for me, arid'the overwheltningly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely A & B85 P892 Araceli R. Hernandez r 7331 Shelby Place, #132 CITY OF RANCHO CUCAMONGA Rancho Cucamonga, CA 91739 March 13, 2012 MAR 14 2012 Mike Smith RECEIVED - PLANNING Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith()cityofrc.us Dear Planning Department: Re: File Number ® 09 -171fl3?D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance.(nterference with a person's enjoyment and use of '-iis or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B86 ql rase i or P893 Smith, Michael From: Tim Truong [tim2signet @yahoo.com] Sent: Thursday, March 08, 2012 11:14 PM To: Smith, Michael Cc: n eighborhoodfuneralhome @yahoo.com Subject: Re: Funwal Home in our Neighborhood t. 01054, .0( PT Hi Mike, I attend the meeting this evening, my address at 7502 Bungalow Way, my phone number 909-684-7646. This funeral home IS NOT a good fit in our neighborhood. We DON'T want them in our neighborhood. This will create traffic congestion, kid scare to go out and play, my property value will drop big time. So please have this funeral home some where else and GET OUT OF OUR NEIGHBORHOOD. Best Regards, 3/13/20121 A & B 87 ga P894 Smith, Michael From: Marquez,Alex [amarquez @mwdh2o.comj Sent: Friday, March 09, 2012 6:26 AM To: Smith, Michael Cc: 'Pati Marquez' Subject CSI Funeral Home It- 010514 • 01047441 Michael, Judging from the reaction of the local residents last night in response to the development of the CSI funeral.home on Etiwanda, I wanted to also express our opposition to the development of this business.I don't feel my family and neighbors should be subjected to having this type business in our neighborhood.It will create traffic,bring in undesirables into our neighborhood,and create a somber feeling in the area. It isn't a good "fit"for our neighborhood at all. Since we moved in to the area.I always envisioned having a park built there. it is a good spot, but of course since it is private land that would be a difficult task. • Please let this notice serve as an opposition to this business being brought in to our neighborhood. If you have any questions,please call me at I Thank you Rancho Cucamonga,CA • This communication,together with any attachments or embedded finks,is la-the sole use cf the inteneec reclpient(s)and may contain information that is confidential or legally protected.It you are not the intended recipient.you are nereby notified that any review.disclosure,copying,dissemination, dlstlbudon or use of this communication is smelly prohibited.If you have received this communication in error.please notify the sender immediately by return e-mail message and delete the origin:end all Spies of the communication.along with any attachments or emoedaed links,horn your system.• • 3/13/2012 A & B 88 43 rage i o1 I P895 Smith, Michael From: edward kim [edjwkim72@yahoo.com) Sent: Friday, March 09, 2012 10:30 AM To: Smith, Michael Subject: Opposition to the funeral home Etiwand and Candiewood VV�[ .01014 pt�Rt�➢ Hello Michael, I am a concern resident that will be greatly affected by the proposed Funeral Home project at Etiwand and Candlewood. I am emailing you to voice my disagreement for the funeral home project at the Etiwand and Candlewood location. 1 The area of the proposed project is a established residential community. Funeral home will have great impact in home values (in dollars and desirableness). 2 There are 2 elementary schools within one mile from the projected lot. There is great deal of foot traffic from students in this area. 3 There will be increased/major traffic issues if the funeral home was to be placed in the location. 4 Major emotional and psychological hardships experienced by the residence near the funeral home. Please inform me of any up coming meeting so that I can actively participate in rejecting the proposed funeral home project. Thank you, 3/13/2012 A & 8 89 n,' P896 th Friday, March 9 , 2012 Re: SCI Funeral Home 1TC20I If -010q4 , • ( 104lTj To Whom It May Concern, This letter is to express my opposition on the proposed project (SCI Funeral Home at the corner of Etiwanda Ave and Candlewood St). I oppose this project for the following reasons: • The psychological discomfort of having a funeral home so close would be a continuous reminder of death which undermines the comfort sought in home ownership. • It would increase traffic flow. • Funeral processions interfering with me exiting my neighborhood. • Funeral services could bring undesirable people into our neighborhood. • Fear of the Funeral Home implementing a Prep room in the future and the City approving it. • It would lower property values. • If I ever needed to sell:my home (due to unforeseen circumstances) it would be more difficult to find a buyer because most people do not want to live near mortuaries. • If this project is approved I will consider selling my home if financially possible. I will not live so close to a funeral home. If other neighbors do the same, it will affect the market values of our homes. Thank you for your time. 7467 Crawford PI A & B90 rage i o* � P897 Smith, Michael From: WEIDE SK [colinswd18 @gmail.com] Sent: Monday; March 12, 2012 9:05 AM To: Smith, Michael Subject: Please Stop SCI Funeral Home Dear Planning Department: Re: �s f31�1A94Re109D: As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candiewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. i This funeral home is not a good fit or conducive to our neighborhood. It would: Increase traffic flow Potentially attract gang retaliation at rival gang member's services Raise the question of health risk (whether perceived or factual) c Irreparable further the depreciation in property value as much as 15% in some studies Change the tone and ambiance of the neighborhood Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Thank you! Sincerely, 3/13/2012 A & 8 91 96 P898 Smith, Michael From: Wenjun Hang [gracehwj @hotmail.com] Sent: Monday, March 12, 2012 10:34 AM To: Smith, Michael Subject: NO to Funeral Home Dear Planning Department: Re: As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired- condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Thank you! Sincerely, 3!113!2012 A & B 92 do Margot A. Mugica P899 12940 Evermay Ct. Rancho Cucamonga, Ca. 91739 nargo @judicatewest.com March 11, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(o)cityofrc.us Dear Planning Department: Re: As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a ontinuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B93 q8 i uG� s vt i P900 Smith, Michael From: dniuedal @aol.com Sent: Monday, March 12,2012 1:44 PM To: Smith, Michael Subject: Re; SCI Funeral Home TALC Q, 1 .otp -, Qto9417 City of Rancho Cucamonga Planning Dept. 10500 Civic Center Drive Rancho Cucamonga, CA 91730 • To the city planning department; We strongly and completely oppose the building of the SCI Funeral Home at the proposed site on Etiwanda Ave. in the city of Rancho Cucamonga. The psychological discomfort of a funeral home in this neighborhood would be a constant reminder of death. The influx of traffic,the lower property values, the likelihood of a gang element being introduced into this area due to this business are all valid reasons to oppose this project. The law recognizes that landowners have the right to the unimpaired condition of the property and the right to reasonable comfort, this business would create so many unreasonable issues.The purpose of a funeral home in this area is absolutely unnecessary due to the fact that directly across the street from the proposed site is Etiwanda Gardens -a multiple use facility that would include funerals. Had we have been informed of such a project, we would have never purchased a home in this vicinity. We feel it is unreasonable for the city of Ranch Cucamonga to even consider this project. The city of Rancho Cucamonga must update Its zoning laws (last updated in 1983)and take into consideration there now exist family neighborhoods, a strong community bound together, where there was once nothing but vacant land. °' •uar ourt Etiwanda, CA 91739 • A & B 94 3113/2012 'Ft � agc r wt P901 Smith, Michael From: Jessika Jessika_fmaya @yahoo.com] Sent: Monday, March 12, 2012 5:27 PM To: Smith, Michael Subject: Re: Form Letter To Stop SCI Funeral Home W 2911• 00qii r Olafq!!) 12790 Golden Lef Dr. Rancho Cucamonga, Ca 91739 Sm avarsemprautili ti es.com 3/11/2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith@,citvofrc.us Dear Planning Department: Re: File Number DRC201 1-01 094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference.with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: Increase traffic flow Potentiany attract gang retaliation at rival gang member's services Raise the question of health risk (whether perceived or factual) Irreparable further the depreciation in property value as much as 15% in some studies Change the tone and ambiance of the neighborhood Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. 3/13/2012 A & 6 95 �Ob P902 Sincerely, 3/13/2012 A & 6 96 to rage r or. P903 Smith, Michael From: Jesse Ortiz besse_ortiz420@yahoo.com] Sent: Monday, March 12, 2012 7:45 PM To: Smith, Michael Subject: Re: proposed development �0(( ' QtC �I ➢ Mike, i would like to write on behalf of the proposed development of a single story funeral home that is proposed just behind my property. 1 recently attended the neighborhood meeting and was not surprised by the outcome of my neighbors. manv of my concerns were brought up in this meeting such as the reduced price value of my house.. after doing some math i found that my house value could drop a potential $80.000. 1 also noticed that this could cause a larger amount of traffic in the neighborhood. my main concern is the safety of my children, i do not feel safe having my children play outside next to such a type of facility. i along with many others believe that this just is not the place to build a funeral home. i will not allow it to be built and am prepared for whatever must be done to stop it. i do apologize for any inconvenience this may cause you but i must look out for the psychological impact this may have on my children and family as a father all i want is the best for my kids. sincerely, From: "Smith, Michael"<Michael.Smith @dtyofrc.us> To:jesse_ortiz420 @yahoo.com Cc: "Henderson, Larry"<Larry.Henderson@cityofrc.us>; "Victorino, Valerie" <Valede.Victorino @cityofrc.us> Sent: Tuesday, January 17, 2012 8:49 AM Subject: RE: proposed development Hello, Julio I have received your correspondence regarding the proposed funeral home, Conditional Use Permit DRC2011- 01094 and Development Review DRC2011-01094D. At this time,the project is currently being reviewed by the City and no public hearing has been scheduled. I will incorporate your e-mail as an exhibit in the Staff Report that will be presented to the Planning Commission as part of their review of the proposal. When the project is scheduled for a public hearing, you will receive a notice of the public hearing in the mail if your property is within 660 feet of the project site. Also, there will be a notice posted on the two signs that have been erected on the property and a notice will be printed in the local newspaper. The meetings are held on the 2nd and 4th Wednesdays of the month at 7:00pm at the City Council Chambers. In the meantime, you can always contact me periodically to determine the status of the application. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4317 michael.smith@cityofre.us From: Victorino, Valerie On Behalf Of Planning, Clty Sent: Tuesday, January 17, 2012 6:56 AM To: Smith, Michael Cc: Henderson, Larry 3/11%2012 A & 8 97 - Boa • P904 Subject: FW: proposed development Please assist. • Valerie f'ictnrino. CAP-OM Secretary • Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4327 (909)477-2847 fax v a l e r i e.v i cto ri n o@ c i tyo f rc.u s IE • • From: Jesse Oita [mailto:jesse_ortiz420 @yahoo.mm] Sent: Monday, January 16, 2012 5:13 PM To: Planning, City Subject: proposed development To whom it may concern, my name is Julio Aguero I recently contacted someone in regards to my concerns about the proposed development of a single story funeral home that is to be built just next to my house. My concerns are that this development will cause heavy traffic near my home witch is located in a residential community. i am new to the area and love the price value of the area. A huge concern of mine would be the value of my house to be lowered bera„se of this facility. also i do not like the fact of raising my two children next to a facility that stores dead bodies i was asked from the person i talked too to write a letter regarding my concerns i would greatly appreciate it if you could please give me a call back thank you, -Julio • • • • 3/13/2012 A & B 98 103 rage i or t P905 Smith, Michael C From: Adela Luna [adelama&4 @hotmail.com] sent: Tuesday, March 13, 2012 7:43 AM To: Smith, Michael Subj "� t7u$Uxt 7531 Exbury Place Rancho Cucamonga. CA. 91739 (adelama64ahotmail.com) March 12, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Dear Planning Department: Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to ourneighborhood. It would: Increase traffic flow Potentially attract gang retaliation at rival gang member's services 3;13/2012 A & B 99 164 P906 Raise the question of health risk (whether perceived or factual) Irreparable further the depreciation in property value as much as 15% in some studies Change the tone and ambiance of the neighborhood Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, �3 Sent from my iPhone 3(13!2012 A & B100 �t� uL�. • u. a P907 Smith, Michael From: denise arkle tdenisearkle @hotmail.comj Sent: Tuesday, March 13, 2012 8:16 AM To: Smith, Michael Subject: Funeral home Attachments: ATTOOOOttxt Tt/)27-L4att Mr. Smith, I live on Crawford street near where the funeral home is going up and i would not want that to happen. I,do not want my home down down in value anymore then it has and would love to see something more positive go there. Park, restaurant, strip mall, anything else!! 1 have researched and heard a lot about this funeral home being dose to fontana and how this could bring gang activity by my house!!! I live in rancho for a reason and not fontana!!! I have two small boys under two years old and I would not want this around them. My husband is gone for work a lot and I do not feel safe with that information. Please reconsider this and make something useful there!!! NO on the funeral home!!!!!! 3%13/2012 A & B101 /O6 P908 7340 Sonoma Creek Court Rancho Cucamonga, Ca91739 Andviavavad i(o-)hotmail.com 1 March 13, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(acityofrc.us Dear Planning Department: Re: t r 2(1 1'0j 09 :&"O t�94i�E:?tr As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would .pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B102 lob 7340 Sonoma Creek Court P909 Rancho Cucamonga, Ca91739 Ilene.setiawan @hotmail.com March 13, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(az)cityofrc us Dear Planning Department: Re: . rtC72011;;0109 :80,iD9�113 As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, F£etiaw_,ata, A & 8103 `Q� race i ui i P910 Smith, Michael i' From: khushwant singh Lahiksvet @hotmaii.com] Sent: Friday, March 09, 2012 10:23 PM To: Smith, Michael Subject: Funeral home (TC�2011.010?Lf • QI � MY NAME IS KHUSHWANT S AHI.I LIVE AT 13091 COLONIAL DR. ETIWANDA CA 91739.I STRONGLY OPPOSE FUNERAL HOME IN OUR NEIGHBORHOOD.PLEASE CONVEY MY FEELINGS TO CITY AUTHORITIES. THANKS 3/12/2012 A & B104 !0q • P911 March 4, 2012 Dear Planning & Zoning Commissioner City of Rancho Cucamonga, 4gC 71I •ran . • 01a94> We are Danny and iennie Dang, homeowners at 12880 Spring Mountain Drive, Rancho Cucamonga. We are the proud grandparents of three grandchildren (4, 3, and 2 years of age) whom we take care of every day at our residence. We are writing this letter to express our concerns regarding the proposed funeral home business at the corner of Etiwanda and Candlewood streets, located within 150 feet of residential neighborhoods. • As property owners in Rancho Cucamonga we strongly object the proposed development of a funeral home in our neighborhood. We love our community and neighborhood. We feel a funeral home detracts-from our great community and the benefits are far outweighed by the traffic issues and depreciation of our property associated with allowing this development. This is a lively and upbeat area that will riot receive any added benefit by allowing a funeral home to be established. This business will bring added traffic, congestion, and general somberness that will detract from our neighborhood, Furthermore, we feel the increased traffic will create an unsafe condition for our three grandchildren, We ask for your consideration of our concerns regarding parking, traffic issues, property depredation and daily melancholy atmosphere. this proposed funeral home development would create in our residential communities: . We thank you for your consideration. Sincerely, Dr, , C� OA, :. t. v I 12880 Spring Mountain Dr, ` (JN"V Rancho Cucamonga, CA 7 r , I re � ,v 1 V A & B105 P912 Smith, Michael From: LINDA CORTEZ[Icortezzl4 @msn.com] Sent: Saturday, March 10, 2012 12:10 PM To: Smith, Michael Cc: Icortez:zl4@msn.com Subject: SCI Funeral Service; W217t, 0S014 • 01O 1� Hello Mr.Smith, Wanted to email you on the views that my husband, Gilbert A. Martinez and I, Linda Cortez hold. This Funeral home would bring down the value of our homes further than where it stands now....I can'; even refinance as I am underwater with my mortgage and what I owe! I can't afford to lose more value to our home. The traffic at Etiwanda and Candlewood Drive would be such a burden,it takes awhile now to turn south on Etiwanda from Candlewood,and cant imagine what the traffic would be if the Funeral Home succeeds on building there. I personally don't want to view hearses driving right in front of my neighborhood and taking away my picturesque community. The impact to the kids coming and going to school, yikes! Please keep us informed to arty/and all meetings that will take place so we can be sure to be there, and make sure our voice is heard. Thank you, 33I Shelby Place #106 Etiwanda, CA 91739 "I have noticed that everyone that is for abortion is already olive."---Ronald Reagan 3/12/2012 A & B106 II ( ' arc i VL i P913 Smith, Michael From: Melody Li [melodyli @hotmaii.com) Sent: Sunday, March 11, 2012 4:34 PM To: Smith, Michael Subject: Re: File Num DRC20-1'1-01094-&01 D94Q;'° Dear Planning Department: As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Avenue and Candlewood Street. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) * Irreparable further the depreciation in property value as much as 15% in some studies * Change the tone and ambiance of the neighborhood * Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Thanks and regards, 312;2012 A & B 107 1, I � ax 1 VI t P914 Smith, Michael f From: Pam Wehmeyer(pamreo @gmail.com) Sent: Sunday, March 11,2012 5:08 PM To: Smith, Michael _ Cc: Pam Wehmeyer,sbwehmeyer @yahoo.com Subject: Re: File Num 0201-]=4?094;"&,R1 � ADCl Funeral Services Inc proposed funeral home..: Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O.Box 607 Rancho Cucamonga,CA,91730 Dear Planning Department Re:File Number DRC2011-01094 8 010940 As you are aware SCI Funeral Services Inc. is proposing a funeral home at the comer or Etiwanda Ave and Candiewood St. Having this funeral home so dose would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors.This law recognizes that landowners,or those in rightful possession of land,have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood.It would: Increase traffic flow - Potentially attract gang retaliation at rival gang member's services Raise the question of health risk}whether perceived or factual) Irreparable further the depreciation in property value as much as 15%in some studies Change the tone and ambiance of the neighborhood Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community,As our city representative I beg of you to not let this project move forward. Also, as real estate brokers, we know for a fact that there are certain cultures who represent a large number of the buying pool who will NOT live anywhere near something that represents death.We have no doubt in this would immediately negatively affect property values in our neighborhood. We have already experienced a huge drop in values due to the economy, and allowing this type of business in this particular location would cause irreparable damage to values in our neighborhood. There are other suitable locations for this type of business. We look forward to your response and the outcry of the community regarding this matter. Sincerely, - f rewford Place Rancho Cucamonga,CA 91739 pamrebluagmall.com sbwe hmever(ctvahoo.com Pam Wehmeyer,Broker (909)200.5430 %-%rw.PamsProperti es.com REO & Distressed Propem'Certified Fine Homes &Relocation Specialist DRE 1453068 3;12/2012 A & 6108 113 12763 Golden Leaf Dr P915 Rancho Cucamonga, CA 91739 1 March 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(d)citvofrc.us Dear Planning Department: Re: E-3Tumber DRC201-01094 & 010�946' As you are aware SCI Funeral Services Inc. is proposing a funeral Home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. -his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of ..is or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative 1 beg of you to not let this project move forward. Sincerely, A & 8109 u4 rae° : ut1 P916 Smith, Michael From: hotmail-liangan[lianganzhang @hotmail.comJ Sent: Sunday. March 11, 2012 1:30 AM To: Smith, Michael Cc: neighborhoodfuneralhome @yahoo.com Subject: NO CZOir.Qllri�f • Oltni ) Hello Mike, We strongly disagree with the project of the FUNERAL HOME which proposed to be built at the across of Etiwanda Ave and the road 15. Please note the place of the FUNERAL HOME should be far away from the residential area. Best Regards, if bun, Rancho Cucamonga, CA 91739 • • • 3/12/2012 A & B 110 • «s P917 Smith, Michael From: hotmail-zds[zhangdisheng @hotmail.com1 Sent: Sunday, March 11, 2012 1:28 AM • • To: Smith. Michael Cc: neighborhoodfuneralhome @yahoo.com Subject: NO NO NO np f t. O ltt*. . 970441) Hello Mike, r� We strongly disagree with the project of the FUNERAL HOME which proposed to be built at the across of Etiwanda Ave and the road 15. Please note the place of the FUNERAL HOME should be far away from the residential area. Best Regards, 9 0 Quail Court, Rancho Cucamonga, CA 91739 • • • • • • • 3/12/2012 A & B 111 1 l fo • P918 Smith, Michael • From fast-fix @sbcglobal.net • Sent: Sunday, March 11, 2012 8:19 PM To: Smith.Michael • Subject: Funeral Home Attachments: Stop SCI Funeral Home Letter.doc ' MIKHAIL ZEES 12752 WINE CELLAR CT. RANCHO CUCAMONGA,CA 91739 mikhailzeeb@yahoo.com • Date: 3-11-12 Mike Smith Associate Planner • City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA,91730 Mic hael.S mithrThcitvofrc.us • Dear Planning Department: i D jixgq . d'y,•V • As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and • Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference'with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and • cornieriience in Its occupation. This funeral home is not a good fit or conducive to our neighborhood. II would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk(whether perceived or factual) • Irreparable further the depreciation in property value as much as 15%in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact • The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community.As our city representative I beg of you to not let this project move forward. Sincere) 2 Wine Cellar Ct. Rancho Cucamonga, Ca 91739 • Tel • Fax • A & 3/12/2012 8112 • Gilbert D. Mugica P919 12940 Evermay Ct. Rancho Cucamonga, Ca. 91739 ,DMugica @Yahoo.com March 11, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Sm ith(�cityofrc.us Dear Planning Department: Re: tlrnber-DRC2011-0.1094 & 01094D As you are aware SCI Funeral Services Inc, is proposing a funeral home at the comer of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a -)ntinuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance(interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B113 l lg P920 Smith, Michael From: Hotmail(LQH)(ghliang @hotmail.comJ Sent: Sunday. March 11. 2012 10:31 PM • To: Smith, Michael Subject: NO NO NO PFC'iolt-010444 • 01044P Hello Mike, . We strongly disagree with the project of the FUNERAL HOME which proposed to be built at the across of Etiwanda Ave and the road 15. Please note the place of the FUNERAL HOME should be far away from the residential area. Best Regards, cfniMrive, Rancho Cucamonga, CA 91739 • • • • • • 3;12/2072 A 8 B 114 R9 E )d rl-.;I OT rT:ID.1". ,u.,_. P921 Neighborhood eftects on Property Values Dq-27-213 I lags: Real Estm=_: Home SalleE SeHint tate aacrit ,oillowell Banker Neighborhood effects on property values September 27, 2:711 Mien lookincy to buv a home, people may not hF aware of the effect certain factors can have an home va!ue.)L%s much car-_as a nomeow-ne,can Put Into ensuring a property stays in good shape and maintaining a house, ine neighborhood is also a factor. Acwrdirro to the Appraisal institute, a poorly kept yard ornrox-innity to comrmaral facilities su-In-as a turli:lrol home or power plant can lowernearhy home value by as much as 15 percent. Home buyers should be aware of this when looking for a home or negotiating a purchase, and may wish to consicler resale as well,par ticularly.if they do not intend to stay long. What makes a neighborhood bad One mat estate agent told MainStreet.com a neighbor may nenatively affect nearby home prices if he allows his home's outer appearance become unpleasant, allows plants to became overgrown or leaves paint peeling or partiatiy-done on the exterior.Neighbors who have constant visitors and narked cars make nolse, have disruptive pets or otherwise make living nearby unpleasant can also have a ne3aiive effect on home value,even F some of these factors are harder to judge for orosoective home buyers visiting F oroperty. Investopedia notes vacant homes can aiso lower nearby values, since they tend to fall into disrepair without residents caring for them.Even if a vacant home does not cause more serious problems, K remains unpleasant to took Et if not cleaned or maintained. Many of these problems can be spotted simply by driving through or walking around a neighborhood, Bankrate.com suggests While it is common for a neighborhood to have some names which are less attractive than others,or a few residents who are slightly behind on lawn care,the overall pattern can warn potential buyers. Finding a good neighborhood Home buvers can look for a number of factor .6 in order to help spot good neighborhoods which will not drop their Property values.Aside from nearby power plants, landfills and other unattrazlive facilities,lased schools are a major factor,MaInStreetcom reports. Bankrate.com suggests home buyers look,for neighborhoods with accos.,to employment, one of the major factors in home values. 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'*i� � t• ��'' -*r ry �L � ;i°.. ,y£s �I r'S mneer �y"i �x"L.f Mrq .PU+ w, t.c. � ..f c•,.0 v T � , ,<- "� u L t F J - /-. �r b � Z e i v x.� s• m. -.�f� yow"z-a, '"'}—`-^`a r�Il4 ."-s � 1 t< 1'y � V'Cpt12•M1' rk �''r �+.vt add+ -tifitH' 3 AN A rF.T '.i.'K .ate.• �0 ' -.rW;A. � r• 5�,.,��. N�� F_...�,.`�. JA' P923 LU ',-Zr ,�� ,tee r ti�>•.nns�;.' h M it 'y' r L• 1°d ys y f y ' •.. I K � Ybt 1 r� ie�F J 1 � a i 4 y ' ._? LRf4Y•!'t Y y `t w A & 8118 iaa P924 w x � -- � Ali � ig LU ca lz� - t ry T J r>'v r 3�x l'j�"y�"�-,1 ''�'k'+,�y.•.��2��..�"`�{�s�iyc' _.,s _ 4 fll A & 8119 la3 _ P925 L� p,jv�T4 .-irtS 0. i Y' Wr Mr .]eta-�.y H3.;�",,�Y y ✓-f.. Lr t .4 rl �L'1 b'� � •. yr/ �� s mow, � [''t�-c,-•"`i't � E• w ._ + � +c 'mot-•uz�a '� ],�c'� �� e cx�y�,�ir�.✓-''.�*r i .� ••.. .`yf �. "x" r :<t�j° `` s� ✓ a � 4� �'°� > �� 'ra^fie�rs�� y t,.�hr ;YTt 4 I.he✓., �.: ,,} .,n ♦ `� '1a '�' .'i x fi"ifi i .y r °r s Ja c '[ci•^ i.4��?J � � xv � .,�fil +tpTr tS L !�� + ^fci -Y -.� x .. c "T 1 �.y y. _'` .•^ +�acs3 '�" �'�,.j' K+ xy`KS �e p -e'Yr� .rt.F# -. ryP�rs�-�^.rr�j L2n s �j^�'°.. � a. Y<#�*�i g�{ +`�•j eT - .FY ??j� a �?� F'x '� � e 1t`� � -+�;x1"�Y„ „�ti�7Sa,p,•�i �. �'t� ' c_ o rr e - »� d A & B 120 �a� P926 CITY OF RANCHO CUCAMONGA City of Rancho Cucamonga Planning Division FEB 13 NQ 10500 Civic Center Drive RECEIVED - PLANNING Subject: Fi =—-n9 NO funeral home near our homes. Keep the city clean! Dear Sirs, We are living in Rancho Cucamonga Homes community (many hundreds of residence) next to Etiwanda Ave and Candelwood Ave. We selected moving in this city because Rancho Cucamonga has long tradition of forming partnerships to achieve goals for Bringing Health Home. But,just some weeks ago, one vacant land filing for FUNERAL. HOME next to Etiwanda Ave and the 15"' Freeway. What is the funeral home? Why the city will allow a FUNERAL HOME open in the central area of so many hundred residences surround. 1) The Victoria Garden (the open air mall) is quite close to the funeral home, no one will like to shop there. 2) National Fish Co, (Restaurant) is just crossing the street, what an eating atmosphere? 3) FUNERAL HOME is just next to 15"' Freeway, also next the post office and high traffic Etiwanda Ave., and it definitely will increase the traffic burden badly. 4) The City Council's long term commitment to a "Healthy RC" will never.come true, if a FUNERAL HOME burring bodies, all the residences, shoppers, travelers, visitors .etc will smell the unhealthy harmful air eventually. 5) The home value will be significantly dropped in RC city, particularly in the adjacent area of the funeral home. Sincerely yours, i r2T4 bt � CT - A it tz 19C° [ _ lid 1}^ d , P928 Smith, Michael From: Smith, Michael Sent: Tuesday, January 17, 2012 8:49 AM To: 'jesse_orfz420 @yahoo.com' Cc: Henderson, Larry,Victorino, Valerie Subject: RE: proposed development Hello, Julio I have received your correspondence regarding the proposed funeral home, Conditional Use Permit DRC2011- 01094 and Development Review DRC201,1-01094D. At this time, the project is currently being reviewed by the City and no public hearing has been scheduled. I will incorporate your e-mail as an exhibit in the Staff Report that will be presented to the Planning Commission as part of their review of the proposal. When the project is scheduled for a public hearing, you will receive a notice of the public hearing in the mail if your property, is within 660 feet of the project site. Also, there will be a notice posted on the two signs that have been erected on the property and a notice will be printed in the local newspaper. The meetings are held on the 2nd and 4th Wednesdays of the month at 7:00pm at the City Council Chambers. In the meantime, you can always contact me periodically to determine the status of the application. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 e)cL 4317 michael.smith@cityofrc.us From: Victorino, Valerie On Behalf Of Planning, City Sent: Tuesday, January 17, 2012 6:56 AM To: Smith, Michael Cc: Henderson, Larry Subject: FW: proposed development Please assist. Valerie Victorino, CAP-OM Secretary Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4327 (909)477-2847 fax va leri e.v ictori no(off cityofrc.u s i J From: Jesse Ortiz [maiko:jesse_ortiz420 @yahoo.com] 2/8/2012 A & 8123 / r Ui P929 • Sent: Monday, January 16, 2012 5:13 PM To: Planning, City Subject: proposed development To whom it may concern, my name is Julio Aguero I recently contacted someone in regards to my concerns about the proposed development of a single story funeral home that is to be built just next to my house. My concerns are that this development will cause heavy traffic near my home witch is located in a residential community. i am new to the area and love the price value of the area. A huge concern of mine would be the value of my house to be lowered because of this facility. also i do not like the fact of raising my two children next to a facility that stores dead bodies i was asked from the person i talked too to write a letter regarding my concerns i would greatly appreciate it if you could please give me a call back thank you, -Julio Aguero • • • • • • • • • 2/8/2012 A & B 124 P930 Smith, Michael From: Smith, Michael / Sent: Monday, January 09, 2012 7:58 AM o: 'iconic62488 @mypacks.net' Subject: RE: Proposed funeral home Hello, Andrea As the application is still ''-n the initial stages of the review process, it has nct been scheduled for a public hearing at this time. Therefore, there is no deadline at the moment . However, please submit any correspondence to me at the address below as soon as possible . Alse, please include the file number for the project: Conditional Use Permit DRC2011-01094 and Development Review DP.C2011-01094D. in the meantime, you can always contact me periodically to determine the status of the application. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4317 michael.smith®cityofrc.us -----Original Message----- Prom: iconic6248B@mypacks.net [mailto: iconic62488®mvpacks.netJ Sent: Friday, January 06, 2012 1:30 PM °o: Smith, Michael abject : RE: Proposed funeral. home Can you tell me the closing period/deadline to get a letter to the Council regarding this project? Thank you, Andrea Salgado I A & B125 P931 Smith, Michael cram: Smith, Michael bent: Wednesday, January 04, 2012 9:09 AM To: 'iconic62488 @mypacks.net' Cc: Victorino, Valerie Subject: RE: Proposed funeral home Hello, Mr./Ms. Salgado The project, Conditional. Use Permit DP.C2013-01094 and Development Review DRC20:1-01094D, a request to construct and operate a funeral home with a floor area of 8, 262 square feet on 2 .32 acres of land within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Snecific Plan located near the southeast corner of Etiwanda Avenue and Candlewood Street, is currently being reviewed by the City and at this time no public hearing has been scheduled. When the project is scheduled for a public hearing, you will receive a notice of the public hearing in the mail if your property is within 660 feet of the project site. Also, there will be a notice posted on the two signs that have been erected on the property and a notice will be printed in the local newspaper. The meetings are held on tine 2nd and 4th Wednesdays of the month at 7 :00pm at the 'City Council Chambers. . I£ you like, at this time you can provide a letter discussing your concerns about the project. This letter will be included as an exhibit in the Staff Report that will be prepared for the Planning Commission. Please send the letter to the address provided below and include the project file numbers - DRC2011-01094 and DRC2011-01094D. If you have any questions, please let me' know. Thanks. - Mike Smith ssociate Planner -ity of Rancho Cucamonga - 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4317 michael.smith®cityofrc.us -----Original Message----- From: Victorino, Valerie On Behalf Of Planning, City Sent: Tuesday, January 03, 2012 7:18 AM To: Smith, Michael Subject: FW: Proposed funeral home Valerie Victorino, CAP-OM Secretary Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4327 (909) 477-2847 fax valerie.victorino @cityofrc.us -----Original Message- ---- From: iconic 62468Cmnvpacks.net (mai-lto:icoric52468®mypacks.net) ant: Tuesday, December 27, 2011 11:42 AM : Planning, City Subject: Proposed funeral home 1 A & 8126 / P932 Dear City Planning Manager, Will there be an application review or hearing for the proposed site of a mortuary/funeral home on Candlewood Street in Etiwanda. As a concerned citizen, I do not like the idea of a funeral home being built right across the street from residential properties. I 'live in he tract_ nearby and have many concerns regarding this idea. Will there be a hearing that e ;residents of the impacted area) can attend and voice our concerns? Sincerely, A. Salgado 2 A & B 127 131 rage 1 01 P933 Smith, Michael From: Smith, Michael Sent: Thursday,January 05, 2012 66:28 PM To: 'S,E LOPEZ' Subject: RE: Proposed Project , case # 2011-0194 Attachments: 211108-A 1.0.P D F Hello, Sal See attached. If you have any questions, let me know. Thanks Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4317 michael.smith@cityofrc.us From: S,E LOPEZ [maitto:secgverl @he,-ero.net) Sent: Wednesday, January D4, 2012 7:16 PM To: Smith, Michael Subject: RE: Proposed Project , case # 2011-0194 Thank you for the documents. Also let me know if you are not able reproduce the map for email or if you need me to pick it up. --------- Original Message ---------- From: "Smith, Michael" <Michael.Smith @cityofrc.us> To: "S,E LOPEZ" <secoverslC etzero.net> Subject: RE: Proposed Project , case #2011-0194 Date: Wed, 4 Jan 2012 18:10:37 -0800 Hello, Sal Per your request, see attached. If you have any questions, let me know. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4317 218,'2012 A & B 128 �c.J'a Yage 2 o: 3 P934 michael.smith@cityofrc.us From: S,E LOPEZ [mailto:secoversl @netzero.net] Sent: Wednesday, January 04, 2012 5:39 PM To: Smith, Michael Subject: Re: Proposed Project , case # 2011-0194 Hi Michael, Here is my email_ I look forward receiving the public record regarding the proposed project for a Funeral Home. Regards. A & 8129 2/K2012 133 P935 Smith, Michael From: Smith, Michael Sent: Wednesday, January 04, 2012 9:09 AM To: 'iconic62488@mypacks.net' Cc: Victorino, Valerie Subject: RE Proposed funeral home Hello, Mr./Ms. Salgado The project, Conditional Use Permit DRC2011-01094 and Development Review DRC2011-01094D, a request to construct and operate a funeral home with a floor area of 8,282 square feet on 2 . 32 acres of land within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan located near the southeast corner of Etiwanda Avenue and Candlewood Street, is currently- being reviewed by the City and at this time no public hearing has been scheduled. Wher. the project is scheduled for a public hearing, you will receive a notice_ of the public hearing in the mail if your property is within 660 feet of the.,project site. Also, there will be a notice posted on the two signs that have been erected on the property and a notice will be printed in the local newspaper. The meetings are held on the 2nd and 4th Wednesdays of the month at 7:00pm at the City Council Chambers. - if you like, at this time you can provide a letter discussing your concerns about the project. This letter will be included as an exhibit in the Staff Report that will be prepared for the Planning Commission. Please send the letter to the address provided below and include the project file numbers - DRC2011-01094- and DRC2011-010941). If you have any questions, please let me know. Thanks. Mike Smith - :ssociate Planner City of Rancho Cucamonga 10500 civic Center Drive - Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4317 michael.smith@cityofrc.us -----Original Message----- From: Victorino, Valerie On Behalf Of Planning, City Sent: Tuesday, January 03, 2012 7:18 AM To: Smith, Michael Subject: FW: Proposed funeral home Valerie Victorino, CAP-OM Secretary Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4327 (909) 477-2847 fax . valerie.victorinoocityofrc.us -----Original Message----- From: iconic6248800ypacks.net [mailto:iconiC62488®mypacks.net] 'ant: Tuesday, December 27, 2011 11:42 AM .'c: Planning, City Subject: Proposed funeral home 1 A & B130 P936 Dear City Planning Manager, Will there be an application review or hearing for the oroposed site of a mortuary/funeral home on Candl ewocd Street in Etiwanda. As a concerned citizen, I do not like the idea o. a funeral home being built right across the street from residential properti=_s. I live in 'ie tract nearby and have many concerns regarding this idea. will there be a hearing that (residents of the impacted areal can attend and voice our concerns' Sincerely, A. Salgado 2 A & 8131 P937 William And Stefanie Isaacs 12941 Evermay Court, Rancho Cucamonga,CA 91739 January 1st, 2011 CITY OF RANCFPO= A Mr. Mike Smith Planning Dept JAN I 0 2(712 City of Rancho Cucamonga C/ L 10500 Civic Center Dr. RECEIVED PLANNING Rancho Cucamonga, CA 91730 RIVED Dear Mr. Smith, RE: REFERENCE ;;,_ COMPLAI " •••••"M".' . THE PROPOSED DEVELOPMENT OF A SINGLE STORY FUNERAL HOME BY SCI FUNERAL SERVICS, INC. On behalf of our entire neighborhood and the neighbors residing in our quiet enclave (on Evermay and Exbury) opposite the site mentioned above, we wish to vehemently object to the proposed citing of a funeral home in our neighborhood and to urge you not to approve the request for the following reasons: 1. A funeral home poses serious safety and environmental concerns in a neighborhood with many young elementary and secondary school students like ours. The chemicals involved in processing dead bodies are not healthy and children who play around the proposed site may be exposed to those chemicals. 2. A funeral home in our neighborhood will attract an unusual amount of traffic in our quiet, family-oriented neighborhood, which would lead to automobile accidents involving our children who play outside our homes. 3. Locating a funeral home in our neighborhood will expose our children to different types of people, including child molesters and gang members who may need the services of the funeral homes. The sight of gang bangers recruiting new members near a funeral home, as well as carrying out illegal activities near a funeral home is not uncommon in California 4. Locating a funeral home in our neighborhood will have serious negative impact on the values of our homes. Our homes will be grossly devalued by the presence of a funeral home next door. 5. Without any knowledge of other structures that might be built next to the funeral home, we are led to believe that the funeral home may be one of the numerous high traffic businesses (including a half way home) that might be cited at the site. We want to see the comprehensive master plan for the entire plot of land. A & 6133 136 P938 ( -As parents of four little children, we are very concerned about the health of our children growing up and being exposed to the dangerous chemicals used in processing dead bodies in a funeral home,particularly at the formative stages of their lives. We are also aware that a former employee of the city of Rancho Cucamonga has been retained to lobby for the authorization of the funeral home with a total disregard to the wishes and feelings of the neighborhood. This action is likely to expose the city of Rancho to a liability lawsuit • We are pleading with you to use your good office to save our children and neighborhood with the attendant menace of building a funeral home in a neighborhood we cherished and care so much for. . • Thank you in advance for a favorable consideration of our request Please; feel free to contact us for any discussion on this issue. We can be reached at (714) 293-6133., • d 11 ( —1 _ i'liam anigtefanie Isaacs •, Concerned Home Owners Ii. f.9�i lk.I arr-1'T'z set-N .S I �_ Concerned Home Owner (Name) (Signature) p_a4 • pp -C 4n,`.-e -Concerned Home Owner (Name) L (Signature) one Concerned Home Owner(Name) (Signature) (phone#) • Concerned Home Owner(Name) (Signature) (phone#) Concerned Home Owner(Name) (Signature) (phone#) Concerned Home Owner (Name) (Signature) (phone#) A & B134 13? P939 ,' Christopher &Chimezie Ikeanyi 12970 Evermay Court, Rancho Cucamonga, CA 91739 December 14, 2011 en OF RANCHO CUCMOtiCik Mr. Mike Smith JAN 4 2011 Planning Dept City of Rancho Cucamonga Abair- 10500 Civic Center Dr. RECENED - Rancho Cucamonga, CA 91730 Dear Mr.Smith, . • RE: REFERENCE •COMPLAI ^`r 'STTHE PROPOSED DEVELOPMENT OF A SINGLE STORY FUNERAL HOME•BYSCI FUNERAL SERVICS,;INC. • • • • On behalf of our entire neighborhood and the neighbors residing in out quiet enclave (on Evermay and Exbury) opposite the site mentioned above, we wish to vehemently object to the proposed citing of a funeral home in our neighborhood and to urge you not to approve the request for the following reasons: 1. A funeral home poses serious safety and environmental concerns in a neighborhood With many young elementary and secondary school students like ours. The chemicals involved in processing dead bodies are not healthy and children who play around the proposed site may be exposed to those chemicals. 2. A funeral home in our neighborhood will attract an unusual amount of traffic in our quiet, family-oriented neighborhood, which would lead to automobile accidents involving our children who play outside our homes. 3. Locating a funeral home in our neighborhood will expose our children to different types of people, including child molesters and gang members who may need the services of the funeral homes. The sight of gang bangers recruiting new members near a funeral home, as well as carrying out illegal activities near a funeral home is not uncommon in California. 4. Locating a funeral home in our neighborhood will have serious negative impact on the values of our homes. Our homes will be grossly devalued by the presence of a funeral home next door. 5. Without any knowledge of other structures that might be built next to the funeral home, we are led to believe that the funeral home may be one of the numerous high traffic businesses (including a half way home) that might be cited at the site. We want to see the comprehensive master plan for the entire plot of land. • • A & B135 • [31 P940 As parents of four little children, we are very concerned about the health of our children growing up and being exposed to the dangerous chemicals used in processing dead bodies in a funeral home, particularly at the formative stages of their lives. We are also aware that a former employee of the city of Rancho Cucamonga has been retained to lobby for the authorization of the funeral home with a total disregard to the wishes and feelings of the neighborhood. This action is likely to expose the city of Rancho to a liability lawsuit. • We are pleading with you to use your good office to save our children and neighborhood with the attendant menace of building a funeral home in a neighborhood we cherished and care so much for. Thank you in advance for a favorable consideration of our request Please, feel free to contact us for any discussion on this issue. We can be reached at (909) 917-6705. • . Respectfully, '. , • . Christopher and Chitnezie lkeanyi • . • Concerned Home Owners iii,' . Concerned S Home L�urL4R '4 #:'v` Ccerne Home Owner(Name) (Signature). ' gyp;;; ;' 5fl' 1E� t uicE2 �`�' � immiml T, ,,.- -. Concerned Home Owner(Name) (Signature) (phone#) i. .f;1 „ j)it °r a Concerned Hom Owner (Name) Signature) (phone#) Concerned Home Owner(Name) (Signature) (phone#) Concerned Home Owner(Name) (Signature) (phone#) Concerned Home Owner (Name) . (Signature) (phone#) IIC /790 edmy RA A & Bt36 , C4 gar I . 6 P941 RICKY THAI 12920 Evermay Ct. Rancho Cucamonga, Ca 91739 TEL EMAIL:RICK7DIAI@YAHOO.COM City of Rancho Cucamonga Planning Division CI � Cya CMG. 10500 Civic Center Drive �"G�: Rancho Cucamonga, CA 91730 • (909)477-2750 RECEIVED�/DEECC 1 4 2011 December 8,2011 RECE 9 rat✓ " PLAN PRICING Re:' Objection;1 f i Pr ervic ses Inc's Proposed Development of Funeral Home • r., tca_t;_._..I, •10947 To Whom It May Concern: • Following SCI Funeral Services Inc's("SCI°)placement of a public billboard notice of their planning application(DRC2011-01094), I wholeheartedly object to SCI's referenced planning application for a proposed nine thousand square feet (9000 sqft)single story funeral home and the following to be taken into account during your consideration of their proposal. Obscurity of the Project SCI's proposal fails to properly provide detailed instructions on their use of the property as well as, but not limited to, the functionality and purpose of having a 9,000 sqft facility.Their company provides a large range of services including but not limited to providing family members of the deceased a proper site to conduct memorial services, cremation services, specialized cultural and/or religious services,etc. Suitability The area mainly consists of residential properties newly developed within the past decade.These residences are valued at a minimum of S750,000.Construction of a mortuary directly adjacent to these new residences would not only decrease the real estate value but may make it more difficult for property owners to market their property in the future.Secondly,SCI's proposal to develop adjacent to . a historical building may be a cause for concern.The impact of such a construction is unknown at this time. Environmental Impact • There is a potential environmental impact should crematory services be provided by SCI.It is well known that a crematoria discharges potential air pollutants hazardous to the health and safety of the general 1/3 A & 6137 140 • P942 RICKY THAI 12920 Eve rmay Ct. Rancho 739 TEL EMAIL:RICKYTMAIRDyAH0O.COM • public. These crematorium emissions, in the form of a gas, include, but not limited to, carbon monoxide, unburned hydrocarbons, nitrogen oxides,lead, sulfur dioxide, volatile organic compounds,lead, etc. Nitrogen oxide,sulfure oxide, volatile organic compounds and unburned hydrocarbons are known carcinogens. Organic compounds such as benzenes, furans, and acetone are also emitted and react with hydrogen chloride and hydrogen fluoride under combustion conditions to form polychlorinated dibenzodioxins and polychlorinated dibenzofurans, both of which are carcinogens.Any machineries used to filter crematorium fumes have little effect on the toxins released. Scientific studies of cremation emissions have demonstrated each cremation uses around 20 liters of fuel and half a kilo of activated carbon for cleaning the flue gases; 160kg of carbon dioxide per deceased body being released into the atmosphere; and a high level of mercury released into the atmosphere. As the development is within a close proximity to residential homes, it places residents and their children at risk for cancer. Lead is well known to cause neurological deficits in children.Mercury released as a gaseous substance into the air would eventually cdntaminate-water supplies-and soil. It is -. known.Eo cause embry'oltigibaldefects in fetuses and neurological deficits and respiratory symptoms in • children. • • Noise is also a potential environmental problem.The area consists of mainly residential buildings. Building a 9,000 soft mortuary would only increase the amount of visitors at a minimum of fifty individuals per service. Traffic The neighborhood has already been affected by the number of vehicles.SCI's development would only exacerbate the situation and bound to put further pressure on the parking spaces available. It may also cause the roads to become congested. Congestion leads to access and no parking space for visitors' vehicles or delivery vehicles.The estimated number of visitors during a memorial service is unknown. Would such traffic be a cause for concern for residents who are disabled or in need of emergency • services? Residential Home Impact The development would be unacceptably close to our residents. It is incompatible with the area. The notion of residing near a mortuary and/or crematoria is an unpleasant one. It violates the residents' rights and impairs them from enjoyment of their residential property and neighborhood. It is well beyond words and as a matter of fact depressing to observe memorial services at least once a week in a residential area.The psychological impact is unknown. Are there residents with post-traumatic stress disorder?That we do not know. Are there residents with chronic anxiety and fear of death?That we do not know.The direct images may inflict emotional and psychological stress. Additionally, the reactions of prospective homebuyers may make it much more difficult for a homeowner to sell his or her home. Pennsylvania State University and the University of Wyoming • 2/3 A & 9138 141 • P943 RICKY THAI 12920 Evermay Ct. Rancho Cucamonga,Ca 91739 TEl EMAIL:RICKYTHAIL®YAHOO.COM published an article describing the economic impacts of developing a mortuary and/or crematory service operations adjacent to residential homes.The home values deplete over the years impacting the homeowners and could not be rectified (Agee, Mark D and Crocker, Thomas D (2010). Directional heterogeneity of environmental disamenities: the impact of crematory operations on adjacent residential values.Applied Economics,42:14, 1735-1745, 2010] In summary We fully accept.and are aware of any assertion that, by offering a mortuary or onsite cremation services, they are meeting a community need that is growing. However,the development of it in our • neighborhood consisting mainly of residential homes is unacceptable. • In light of these many valid concerns, (•respectfully submit that this proposal be refused planning permission. • • • Yours faithfully, • • A.-;e omeowner • • 3/3 A & 6139 �' • P944 Christopher &Chimezie Ikeanyi 12970 Evermay Court, Rancho Cucamonga, CA 91739 December 12, 2011 CITY OF RANCHO CUCAMONGA Mr. Mike Smith Planning Dept. DEC 1 6 2011 City of Rancho Cucamonga • 10500 Civic Center Dr.. . RECENED a PLANNING Rancho Cucamonga, CA 91730 • Dear Mr. Smith, • RE: REFERENC- taczJ <_ ? ln6_. COMPL -• • NST THE PROPOSED DEVELOPMENT OF A SINGLE •• • • • STORY FUNERAL•HOME BY SCI FUNERAL SERVICS, INC. • • • On behalf of our entire neighborhood and the neighbors residing in our quiet enclave (on Evermay and Exbury) opposite the site mentioned above, we wish to vehemently object to the proposed citing of a funeral home in our neighborhood and to urge you not to approve the request for the following reasons: 1. A funeral home poses serious safety and environmental concerns in a neighborhood with many young elementary and secondary school students like ours. The chemicals involved in processing dead bodies are not healthy and children who play around the proposed site may be exposed to those chemicals. 2. A funeral home in our neighborhood will attract an unusual amount of traffic in our quiet, family-oriented neighborhood, which would lead to automobile accidents involving our children who play outside our homes. 3. Locating a funeral home in our neighborhood will expose our children to different types of people, including child molesters and gang members who • may need the services of the funeral homes. The sight of gang bangers recruiting new members near a funeral home, as well as carrying out illegal activities near a funeral home is not uncommon in California. 4. Locating a funeral home in our neighborhood will have serious negative impact on the values of our homes. Our homes will be grossly devalued by the presence of a funeral home next door. 5. Without any knowledge of other structures that might be built next to the funeral home, we are led to believe that the funeral home may be one of the numerous high traffic businesses (including a half way home) that might be cited at the site.We want to see the comprehensive master plan for the entire plot of land. A & B 140 P945 As parents of four little children, we are very concerned about the health of our ` children growing up and being exposed to the dangerous chemicals used in processing dead bodies in a funeral home, particularly at the formative stages of their lives. We are also aware that a former employee of the city of Rancho Cucamonga has been retained to lobby for the authorization o; the funeral home with a total disregard to the wishes and feelings of the neighborhood. This action is likely to expose the city of Rancho to a liability lawsuit We are pleading with you to use your good office to save our children and neighborhood with the attendant menace of building a funeral home in a neighborhood we cherished and care so much for. Thank you in advance for a favorable consideration of our request. Please, feel free ' to contact us for any discussion on this issue.We can be reached at (909) 917-6705. Respectfully; �e it�q (, ierine;dHome Owners A & 8141 P946 Neighborhood Petition T S S I Funeral Home / File Number DRC2 - 4 & O1O94D This funeral home would change the tone and ambiance of the neighborhood- Threaten the enclave and would have a deleterious impact. Pleasesi n this tition'and let our.voice be heard No. Date Name Address Comments ISi nature 7415 (,iuw F �Z r.. q1 W c-RNI�. 1J�6 3 75-1 tasat S�^�,N ^� \—I t \ 5 ��rMG.IV1 l71d✓nao D2- .VD r.1 T L JavL I ... . , /mod CrIS � � ( C � �eL � . 3IU'1nShne �2$5� C.res+tie F IoT I 3cl Don't" WCw4q � {r I0 17-96S CA�f bCld ,} ti I"i3q Din� U,�wrY 1'} MAS07� 7338 X A- --Qnv& jz4t P( e �h 1.t� 5[ lit3� � t c�. f � D CA 7 X70 wru e —TgL——1v 2012 RECEIVED - PLANNI G EXHIBIT P P. & B142 I q§- P947 Neighborhood Petition To Stop SCI Funeral Home File Number DRC2011 -01094 & 01094D This funeral home would change the tone and ambiance of the neighborhood. Threaten the enclave and would have a deleterious impact. Please sign this 'pi etitiori and let our voice be heard'. I No. Date Name Address Comments Signature � � i2r'66 0 /Q 6 iC IV /L ✓ 1 �1Q1tr1X 9'�`fL� CQ '"f 3 Ge ✓ ( a 7� .C'�c�tcn� w / 1v i � n CITY OF RANCHO CUCAMONGA AM 1 6 ,7012 A & B143 !LAU. P948 Neighborhood Petition To Stop SCI Funeral Home File Number DRC201 1-01 094 & 01094D This funeral home would change the tone and ambiance of the neighborhood. Threaten the enclave and would have a deleterious lm pact: Please sign this petition and let our voice be heard. No. Date Name Address Comments Signature if 1 I / l o Cla M 7 2 4J e 4 rC 6 r vl � C � f �Z�� o�qn- /7� ✓o e% �I U �C 33i sty{ � =yam tiq % L' r i s l C✓e✓H �/o �rne2vP/!df Js -n�'E1�2 - a� NcH Yss r� ?z/y6 sov,.c•,,� , c `a CT. L VU -7 5S t - 1 LA(6. f2c Ct IC, I t;'ItA, ` L CRY OF FMCM0 CUCAMONGA JUL 1 6 2012 RECEIVED - PLANNING A & B144 n .....ov .... yvu. .vaw u..u..wu w.0 Juw wa. uuuuuuau•J ur Pic v GllLLLla 011 r u1D(31 3urv1Ge5... rage 1 o? zi P949 Home>Categories>Other>Please let your voice be heard and join the community in preventing SCI Funeral Services Inc from building a proposed funeral home at the comer of E Please let your voice be heard and join the community in preventing SCE Funeral Services Inc. from building a proposed funeral home at the corner of E Sign slog Signatures Email friends Sion Petition Page: 1 2 , 3 Now! 1 Name:Tim Twong on Feb 26.'2012 Sponsored links Comments:I VOTE NO TO THIS PROJECT.NO NO NO NO THIS IS A HOME PROPERTY NOT SOME KIND OF FUNERAL HOME.I DONT WANT TO SEE THIS HAPPEN.I VOTE NO!NO!NOI Flag .2 Name:Xuan-Zhvng on Feb 26.2012 Comments:NO NOT SUPPORT FOR THIS PROJECT THIS MIGHT HURT THE NEIGHBORHOOD NO Flag 3 Name:Douglas Ueda on Mar 1,2012 . Comments: - Flag d Name:Lay Ueda on Mar 1,2012 - Comments: Flag 5 Name:Kahle Leho on Mar 3,2012 Comments:I DO NOT SUPPORT SUPPORT THIS FUNERAL HOME PROPOSAL Flag 6 Name:Jennie Deng on Mar 3,2012 Comments:Please do not build a funeral home among our residential neighborhood.1 STRONGLY OPPOSE THIS FUNERAL HOME PROPOSAL. Flag 7 Name:Danny Dang on Mar 3,2012 Comments:NO NO NO!TO FUNERAL HOME. Flag 8 Name:Jane Mrotek on Mar 3,2012 Comments:I am totally against having a funeral home within a residential neighborhood community. Flag 9 Name:Christian Leho on Mar 3,2012 Comments:Due to cultural beliefs,funeral home in the residential area will not bring good positive vibe to the'nelghborhood.There are just too many negative aspects about It.I strongly oppose this proposal.Thank you for starting this petition.I hope that it will be in favor of our community. Flap A & 6145 http:/iwww.ipetitions.com!petition/no-to-sci-funeral-home/sipatures 7/18/2012 • (ru�a r. ♦ �vu� rv��.. �- a�ruiu utly J��ai urn. uvulaa� � ( 1 f1t4 vLll laalb Jl�l l LL11L16a JW YtLL.�.... l 1CG r Vl — P950 1D Name:George Sandoval on Mar 4,2012 Comments:No hearses through my neighborhoodl!!1! Flag 11 Name:Wendy Sandoval on Mar 4.2012 Comments:Please keep our children safelMl Flag 12 Name:Wendy Sandoval on Mar 4,2012 Comments: Please keep our children safe!!!!I Flag 13 Name:Jose Tones on Mar 5,2012 Comments: Flag 14 Name:Ali Kar¢i on Mar 5.2012 Comments: Flag 15 Name:Mark Horvath on Mar 6,2012 Comments: Flag 16 Name:Anonymous on Mar 6,2012 Comments:NO funeral home in our lovely neighborhood please! Flag 17 Name:Lisa McClough on Mar 6,2012 Comments:Absolutely no funeral home. Flag 16 Name:James McClough on Mar 6,2012 Comments: Flag 19 Name:Jacquefne Wells on Mar 6,2012 Comments: Flag 20 Name:Anonymous on Mar 6.2012 Comments:This is an unfavorable business for our community. Flag 21 Name:Alma Paulson on Mar 6,2012 ' Comments:traffic is already terrible with the surrounding schoois,access to the freeway and Etiwanda would be a nightmare.This area cannot handle any more congestion,please do not allow this project to go through Flag 22 Name:Brian Paulson on Mar 6,2012 Comments:No Funeral Homes by where my children playM Flag A & B 146 http;//www.ipeftions.com/petition/no-to-sci-funeral-home/signatures 7/18/2012 I, L'Q P951 23 Name:Seen Xu on Mar 6,2012 Comments: Flag 24 Name:Mikhail Zeeb on Mar 6,2012 Comments:This funeral home is not a good 6t or conducive to our neighborhood.It would increase traffic flow,lower property values and the health risk(whether perceived or factual)would causes irreparable depredation as much as 17%in some studies. Fiag 26 Name:Ken Hong on Mar 6,2012 Comments:No funeral homes in my neighborhood.Bad for the kids. Flag 26 Name:Mira Nam on Mar 6,2012 Comments:scary scary scaryl i naven't been able to sleep just thinking about a funeral home planning to come to my home. Flag Z7 Name: Ho Nam on Mar 6,2012 Comments:i suongfgoppose building a funeral home here.funeral homes should be dose to .. cemeteries.thank you. Flag 28 Name:Anonymous on Mar 6,2012 Comments:While I support bringing more businesses/revenues into our City,I will rot tend my support to this project because the location alone Is terrible?Etiwanda Is a major street but it is predominantly lined with single family homes and counts with dozens of kids walking to✓fmm school dally.Adding more traffic to this location would increase their safety risk and become an eyesore for an otherwise nice neighborhood.Additionally,there are several homes for sale(one right across the street from the proposed site)that would be in jeopardy of not selling,dropping to an even lower value or staying on the market for an unforseeable amount of time should a funeral home be built Flag 29 Name:Chimezie Ikeanyi on Mar 6,2012 Comments:Bidding a funeral home so dose to my home will not only increase traffic flow,lower property value and health risk,my children will be severty affected by It because they will be scared to go outside and play.So this will have a negative psychological effect on them. Flag 30 Name:Christopher Ikeanyi on Mar 6,2012 Comments:I am vehemently against building a funeral home right in front of my home.It is a horrible idea and will destroy our family-oriented neighborhood, Flag 31 Name:Maria Davis on Mar 7,2012 Comments:My 13 year old son has developed arodety.when we were driving by the propose site one of my older kids made a comment and not long after that he start It asking questions about death and we're to the point where he has to have an evaluation to see if he needs counseling. Flag 32 Name:Anonymous on Mar 7,2012 Comments: Flag 33 Name: Howard Nguyen on Mar 1,2012 Comments:This neighborhood does not need a funeral home.Home owners are suffering enough from the economy;please don't place more stress on us with a creepy home of the dead just around the comer. A�1 & B 147 http://w-wee,.ipetitions.com/petition!no-to-sci- n era]-nom e/signatures 7/19/2012 P952 34 ( Name:Matthew Wysocki on Mar 7,2012 Comments: - Flag 35 Name: Don Hathaway on Mar 7,2012 Comments: Flag 36 Name:Sergio Castillo on Mar 7,2012 Comments: Flag 37 Name:Gladstone Rennie on Mar 7,2012 Comments:No to SCI Funeral Services Flag 38 Name:Frank Jou on Mar 7,2012 Commems:I am glad that we have this weoslte to work together about this issue.My neighbor Kathy told me this issue two weeks ago because she received mall.But I didn't So 1 made about 60 copies and passed to my nearby street(Crestfield and Gold Leaf and wild horse)house by house on these passed two weekend when I walked dog.I talked many people and just 2 out of 60 t received the mail.The rest like me didn't know this t10 I talked to them.It seems funeral company did this on purpose just mailed few household and claimed they inform all community.Anyway.I am now glad more people aware and we need to work it together to oppose this plan in order not keep our community better value and nice.Thanks again whoever created this site for community.See all of my community friends on Thursday 6pm on 03108112. Flag 39 Name:Jorge Borda on Mar 7.2012 Comments: Flag 40 Name:Martha Godinez on Mar 7,2012 Comments: Flag 41 Name: Lary San Gabriel on Mar 7,2012 Comments: Flag 42 Name:Yesenia Gomez on Mar 7,2012 Commems: Flag 43 Name: Lindsay P.on Mar S.2012 Comments:NO!!This is a residential neighborhood and no place for a funeral home! Flag 44 Name:Carol Pike on Mar 8,2012 Comments:A funeral home has no place in a residential neighborhood for all the reasons listed in the petition. Flag 45 Name: Chadize L!on Mar 8,2012 Comments: Ptag A & 6148 http://www.ipetitions.com/petition/no-to-sci-funeral-home/signatures 7/18/2012 /.C^/ �a-.�. • • V... rv�vv vv uuwu Luau Jvw uL�. uVlf411 u1 L1 1f Y14V 1.11411YJ JV( 1 µ11l..161 JGl Y1l.GJ... J"dgu J U J P953 46 Name:Philip Emchick on Mar B,2012 Comments: . . Flag 47 Name:Diego H Sevilla on Mar S.2012 Comments:No funeral home in my Neighborhood!!!Why?Because my wife and I worked very hard to buy a nice home with all our savings and sacrificed a lot to get here.Never would we nave considered this location knowing of any present or future funeral home in me area 1 Rag 48 Name:Vince Palmer on Mar 8.2012 Comments: Flag 49 Name:Laura Rocha on Mar 8,2012 Comments: I do NOT want my property value to go down and I do NOT want any more traffic in that area!! Flag . 50 Name:Araceli R.Hernandez on Mar B,2012 Comments:NO to a funeral home.Traffic Is already bad and there are too many kids walking to and from school and Victoria Gardens.ABSOLUTELY NOT. Flag Page: 1 2 . 3 . A & B149 http://wax-ul.ipetitions.com/petition/no-to-sci-funeral-home/signatures 7/18!2012 �� P954 Home>Categories>Other>Please let your voice be heard and join the community in preventing SCI Funeral Services mc,from building a proposed funeral home at the comer of E Please let your voice be heard and join the community in preventing SCI Funeral Services Inc. from building a proposed funeral home at the corner of E Sign B!og Signatures Email friends Sign Petition Paae: 1 , 2 . 3 Now! 51 Name:Ron Maex on Mar B,2012 Sponsored links Comments:NO to a funeral home so close to a tranquil beautiful neighborhood.NO to property values going down because of a funeral home.NO111fl1 Flag 52 Name:Wenjun Hang on Mar B.2012 Comments;NO[NO!NO! Flag 53 Name:Wenjun Hang on Mar B,2012 Comments:NO!!! Flag 54 Name:Wade Shi on Mar 8,2012 Comments:No funeral home in our neighborhood! Flag 55 Name:Albert Miau on Mar 8,2012 Comments:No to funeral home Flag 56 Name: Kathy Mau on Mar 8,2012 Commerrts:Lett preserve the value of our homes;no to funeral home _ Flag 57 Name:Chien Tu on Mar B.2012 Comments: Flag 58 Name:Raquel Wysocki on Mar 8,2012 Comments: Flag 59 Name:Gilbert Mugica on Mar 8.2012 Comments: Flag A & B150 http://u-Arw.ipetitions.com,'petition/no-to-sci-fweral-home/signatures,'page/2 7/18/2012 X53 - __.._. _. � ___ ____ __ ____ __�.._-. �- _.,�..._,...� ... t..,,..,,....5 .,". . ..uw... ✓w v...w... . ash a vl ✓ P955 60 Name:Kan z Rahman an Mar 8,2012 Comments:I do not want SCI Funeral Services Inc near my home. I am totally against it!This will reduce our property value and please do not let than build a funeral home on this site.Thank you. Flag 61 Name:Anne Diaz on Mar 8,2012 Comments:NO funeral home-It is a residential area with enough traffic.And no need to lower property value in this area. Flag 82 Name:Arai Hernandez on Mar 8,2012 Comments: Flag 63 Name: Ernie on Mar 9, 2012 Comments:No Funeral Home Flag 64 Name: Francisco Oaxaca on Mar 9,2012 Comments:I am opposed to this proposed project. It is an inappropriate use in the proposed location. Flag 65 Name:Charles Pike on Mar 9,2012 Comments: Flag 66 Name:LINH TRI on Mar 9,2012 Comments:I DO NOT WANT FUNERAL HOME NEAR OUR AREA.It will cause too much traffic when a funeral is one it ways.Buyers will not want to buy a home near funeral home.It is my religious believes that to be near funeral home'deaths"is bad.I am so against this.I live on Sonoma Creek Court Flag 67 Name: Howard Vo an Mar 9,2012 Comments:NO FUNERAL HOME.Just bad in every ways for our neighborhood. Flag 68 Name:Joo Yi Shono on Mar 9,2012 Comments: Flag 69 Name:Andy Jeyadi an Mar 9,2012 Comments:no to funeral home Flag 70 Name: Ilene Setiawan on Mar 9,2012 Comments:no funeral home,it is bad for neighborhood and traffic Flag 71 Name; Carolyn Ybarra on Mar 9,2012 Comments: Flag 72 Name: Edward Kim on Mar 9.2012 Comments:No way to the funeral home! Flap tm& B 151 http://www.ipetitiOns.cOmipetiiiOn/nO-to-Sci- eral-none/signatures/pag&2 7/18/2012 { r P956 73 Name: Edward Kim on Mar P.2012 Comments:No way to the funeral home! Flag 74 Name: Edwarc Kim on Mar 9,2012 Comments:No way tc the funera!home! Flag 75 Name:Julie Lopez on Mar 9,2012 Comments: Flag 76 Name:Sylvester Maya on Mar 9.2012 Comments:I am opposed to this proposed development.it is not a good fit for my neighborhood. Flag 7 Name:a Sylvester Maya on Mar 9,2012 Comments:I am opposed to this proposed development. Flag - 78 Name:Pam Wehmeyer,Home Owner&Real Estate Broker on Mar 10,2012 Comments:I'm a homeowner,but also Real Estate Broker-many,cultures w111 NOT consider living in my development If funeral home happens bemuse they will not live near anything_related to death Values will plummet again-a more suitable location should be chosen-this type business does not require a premium location to be successful. Flag 79 Name:Steve Wehmeyer,Homeowner&Real Estate Broker on Mar 10.2012 Comments: Flag 80 Name: Yusuke Shom on Mar 10,2012 Comments: Flag 81 Name:Juan Barayoga on Mar 12,2012 Comments: Flag 82 Name: Veejay Barayoga on Mar 12,2012 Comments: Flag 83 Name: Sharon Goodman on Mar 12,2012 Comments:I five very near the site of the proposed funeral home. I DO NOT want this in our neighborhoodl8 Flag 84 Name: Randy Goodman an Mar 12.2012 Comments:I am against this! Flag A & B152 bttp://www.ipetitions.com/petition/no-to-sci-funeral-home/signatures/page/2 7/18/2012 r ayy�... I Sy 1 Vl J P957 Be t Name:Manak Sethi on Mar 12,2012 Comments:NO to the funeral home Flag 96 Name:RiShU Marwaha on Mar 12.2012 Comments: Flag 87 Name:Linda Cortez on Mar 12,2012 Comments:Well first of all, I know death is a part of life.....like h or not-...but to be reminded each time I leave my neighborhood,and the traffic is will create does not make sense to me.The kids lots of them who cross Candlewood and have to see that from day to day,just have to say,glad mine are all grown up and gone.Please,there Is too much land in Rancho Cucamonga,that would be better suited for a funeral home,but definately not and Etiwanda Ave and Candlewood St.Thank you, Flag Be Name:Anonymous on Mar 13.2012 - Comments: Flag Jig Name:Seema Hirani on Mar 14,2012 Comments: Flag 90 Name: Liien Hsieh on Mar 15,2012 Comments:No to funeral home Flag 91 Name; Nancy A.McBeth on Mar 15,2012 Comments:There are several empty lots in Rancho Cucamonga where putting a funeral would be more appropriate.For instance,the comer of Baseline&Day Creek. The proposed location is located within a residential area. Flag 92 Name:Claudia Lan on Mar 15,2012 Comments:No funeral homes in my neighborhood please. Flag 63 Name:Hsieh,Lifen on Mar 16.2012 Comments: Flag 94 Name:Fung SiuChung on Mar 16,2012 Comments: Flag 95 Name:Mino Phem on Mar 16,2012 Comments: Flag 96 Name:Uriel Gjeds on Mar 17,2012 Comments: Flag 97 Name:Tim Dudley on Mar 16,2012 Comments:I do not ward a funeral home in my neighborhood.1 attended the community meeting held on.3-8-12 held at Etiwanda Gardens Community Centex.S^I rlaims there's a nerd in Rancho ,A & B 153 http://WMINV.ipetitiOnS.Coro/pebtion/no-to-Sci-ninerel-nom e/signatures/page/2 7/18/2012 / Icy P958 98 Name:Tim Dudley on Mar 18,2012 Comments:I don't want a funeral in my neighborhood. Flag 99 Name:Charlene Garrett on Mar 19,2052 Comments: Flao 100 Name: David Kang on Mar 20,2012 Comments:No to SCI Funeral Services Inc. in the neighborhood! Flag Page: 1 2 3 . A & B154 http:/iwwvr.ipetitions.com/Petition.no-to-sci-funeral-borne/sigratures!page/2 7/18/2012 1 P959 Home>Categories>Other>Please let your voice be heard and join me community in preventing SCI Funeral Services Inc.from building a proposed funeral home at the comer of E t Please let your voice be heard and join the community in preventing SCI Funeral Services Inc, frorn building a proposed funeral home at the corner of E Sign slog Signatures Email friends Sign Petition Pace: 1 , 2 , 3 Now! 101 Name:MH Chouohury on Mar 21.2012 - - Sponsored links .. Commenns:Even though one day we all have to leave this wonderful world but please we do not - want a funeral home next to our neighborhood for a constant reminder)pease build it somewhere else.Thanks, Flag- - 102 Name: Grace Buonav!ta-Sevilla on Mar 21,2012 Comments:My famlly and I are opposed to the development of a funeral site in my neighborhood. My property value has plummeted as a result of the economy and this would wipe out any possibility, of a recovery.Grace Sevilla Flag 103 Name:Jeffrey Char on Mar 22,2012 _ - - Comments:no funeral home! - Flag 104 Name:Dominic Melillo on Mar 25,2012 Comments:Concerned about property values,as well as traffic Flag 105 Name:Masudur Rahman an Apr 6,2012 Comments:While I am respectful of a fungal home service,I strongly oppose the iota of SCI Funeral Services Inc establishment at the comer of Etiwanda Ave and Candlewood St.The psychologiml discomfort of a constant reminder of death in the neighborhood will have detrimental emotional effect on children and adults alike.There are two elementary schools in the area and our children will be subject to this exposure daily.This is would be unhealthy,cause public nuisance, deprive us of our fight to the unimpaired condition of our property and reasonable comfort of our living.I am vehemently opposed to SCI Funeral Services Inc's proposal. Flag 106 Name: Raina Huang on Jun 27,2012 Comments: Flag 107 Name:Gary Olson on Jun 29,2D12 Comments:I live In Etwanda and wish to add my name to the petition in strong opposition to the Funeral Home project planned for Ebwanda Avenue near Church Street in Rancho Cucamonga.If approved,this operation will degrade quality of life and further tower our already-devastated property values.Please let me know what I can do to help stop this inappropriate proposal.Thank you.Gary Olson Flag A& B 155 http://ww-w.ipeiitions.com/petition/no-to-sci- era)-nome/signatures/page/3 7/18/2012 �� ' J '- 1-"- ""-••••"'•u•,i u. tr�v�vL�utE, ✓�+i l YL VI YI Jll YIYI.J... 1 6�G� tJl .J P960 106 r Name:Susan Olson on Jun 29,2012 Comments: I am absolutely outraged at the city allowing this proposal to get this far!This is a sickening undermine to those who live in this neighborhood,and will be devastating to the area in general.It will become known as the"area by the mortuary."No one who bought into this area with their hard earned money,who now have mortgages they are upside down on,who are just trying to .. get by with their day-to-day struggles.now have this project in from of them to have to worry about. And all this after being told by every real-estate agent around(because that was what they were told by the city)that this area would be residential housing ONLY.Period.Not to mention the psychological impact of undermining those who find beyond offensive.the very presence of a hearse at any time in their life sharing the road,let alone having to be FORCED TO WATCH THEM NOW DAY IN AND DAY OUT.This proposal has not taken into account the quality of life issues,the extreme psychological toll it will take on those having to watch in as many services as they might have in a day.the additional traffic,hearses going in and out,possible coroner vans,funeral motorcades on their way to the cemeteries,along with the traumatized and somber Family and friends in the processions that can be as long and constant as the circumstances allow.I cannot believe this has been allowed to get this far and this is sickening.I have NEVER been allowed a comfortable moment and have in fad been extremely undermined psychologically when I have to see a hearse. Hearses are used for only ONE purpose-to transport dead people. This will increase traffic in an area where there are pedestrians,children walking to and from school,and people who walk for exercise. NO ONE will want to be anywhere near this kind of business and it lathe homeowners who would be stuck in a sickening way of Itte by feeling confined to not going outdoors and being able to use their own streets to walk on without feeling encroached upon by the business across the street. THIS TYPE at business changes the way people feel about their own fives and no one should be FORCED - TO THINK ABOUT DEATH ALL DAY LONG-THIS IS TORTURE AND SO INCREDIBLY SELFISH- - ALL PARTIES INVOLVED.This proposal needs to be moved to a suitable location SOMEWHERE ELSE!91tf1!IM GET THE HELL OUT OF RANCHO-WE DONT WANT YOU HERE AND YOU SHOULD BE MORE SENSITIVE CONSIDERING WHAT YOU DO FOR A LIVING TO EVEN THINK OF COMING INTO A NEIGHBORHOOD THE WAY YOU HAVE.AND TO OUR CITY COUNCIL- . GROW A BACKBONE AND DECIDE YOU ALREADY GET-ENOUGH IN THE MILLIONS OF PROPERTY TAX DOLLARS TO TRY TO DO SOMETHING LIKE THIS TO YOUR TAX-PAYING RESIDENTS WHO WERE LOYAL ENOUGH TO BUY HERE AND NOW YOU WANT TO DO THIS? STOP THIS NOWI Flag 109 Name:L-Downey on Jun 29,2012 Comments:This is outrageous and needs to be stopped.People work hard in choosing exactly where they live and NO ONE wants to live near a mortuary.NO ONE.PUT it nerd door to one of the city council members'homes and see how fast they w111 find another location...Random Cucamonga does NOT NEED ANOTHER MORTUARY AND DEFINITELY NOT IN ETIWANDAIIII They are being COMPLETELY INSENSITIVE AND GREEDY.This kind of business Is necessary when and where It is necessary,but It is NONE of those things here.There is a LOT of money they want to cash in on Dying to make here in an area like pristine Ebwancia—make no mistake—WE DONT NEED THEM— THEY NEED US,AND ARE TRYING TO MAKE A POINT THAT IS A UE.THE PEOPLE DO NOT WANT THEM HERE.This is w psychologically upsetting to even think about.The people in Ebwanda and Rancho Cucamonga deserve better and more people who WILL BE AFFECTED BY THIS are not being told for only one reason—they don't want opposition-and being in this business they ALREADY KNOW THEY WOULD HAVE OPPOSITION SO THEY DOMT GO OUT OF THEIR WAY TO ' INFORM THE PUBLIC AT LARGE WHO WOULD BE AFFECTED BY ALL OF THIS AND MIS WELL MORE THAN THE 660 FEET OF NECESSARY-TO-INFORM GUIDELINES.THE CITY MUST LISTEN TO THEIR COMMUNITY-THE SAME ONES WHO VOTED FOR THEM,AND THE SAME ONES WHO PAY THE TAXES THAT PAY THEIR SALARIES.THIS IDEA NEEDS TO BE SCRAPPED AND PUT NOWHERE ELSE IN THE AREA-1 DONT WANT TO LIVE NEAR DEATH AND NEITHER DO ANY OF MY NEIGHBORSII I walk on Efiwanda for exercise and sae the school children and the traffic going to the schools, churches and mail.This would be catastrophic to the area's already declining property values,let alone the cultural issues dealing with death,fears everyone has on some level re:death,and not wanting to have dead people thiscbse to where they live,not wanting hearses driving around and funeral parties on their way to the cemetery.This is NO WAY TO LIVE.This is no way to treat the hard-working,tax-paying,voting,residents just trying to five their lives in a"rid where their home is sometimes their only refuge...even as they try to make payments on homes they are upside-down on.This area was specifically sold as'residential only," and that is fire predicate upon which people bought into and now own all the homes they do In this area and of which so many are upside down and this idea would plunge them even further into an untenable situation they could never gel out of.WHY WOULD THE CITY PUT THE VERY PEOPLE WHO PUT THIS AREA ON THE MAP,WHO PUT THEM IN OFFICE,WHO MADE THIS AREA THE BEAUTIFUL AREA IT IS-DO THIS TO US?WHY?HOW COULD IT HAVE EVEN BEEN A THOUGHT?WHO WANTS TO HAVE TO PASS A MORTUARY TO GET TO A FUN DAY WITH FRIENDS AT THE MALL?it takes my appetite away.You cant do this to us-how could you five with yourselves?And a group of us only found out by chance this was happening the other day because we happened to notice for the first time,the sign so very"not in front so everyone could see'sign and the word'funerar in front of the word"home."We were shocked,and this sign has not been up as long as they are saying,and with all the building doing on for as many years as it has been.It is quite Possible that for everyone passing B,it becomes"more of the same'of what they have come to A & B156 http://ww-w.ipeftions-com/petition/no-to-SCi-funeral-home/signatures/page/3 7/18/2012 / 'J �' J" `•••••-•—••••J ua t..v.vu ..c� uv.. . uuVaW VUl vaVVp... I a151 I V1 P961 +to Name:C Downey on Jun 29.2912 Comments: Flag 111 Name:Steve Wysocki on Jul 11.2012 Comments: Flag 112 Name:Mclani Sue Wysocki on Jul 12.2012 Comments: - Flag 113 Name:Sonia Hernandez on Jul 13.2012 Comments: stop this project nowt this is awful and not what I bought here to live by!I dom want to be near thist Flag 114 Name:Vdor Angelo on Jul 13,2012 `. - _ Comments: I dom want to live,work,shop,or be anywhere near a mortuary)What is wrong with you people at the c ty7 Flag . . 115 Name:Mary Angelo on Jul 13,2012 Commends:STOP THIS PROJECT-NO MORTUARY IN ETIWANDAI GO FAR,FAR AWAY! Flag 116 Name:Liz Knight an Jul 13,2012 Comments:NO MORTUARY ANYWHERE IN ETIWANDA—NOWHERE IN ETIWANDAIII THIS IS A PLACE FOR FAMILY,SHOPPING.GOING OUT,AND LIVING—NOT DEATH,NOT HEARSES, NOT LIMOS CARRYING SAD,GRIEVING FAMILIES.NOT HERE NOT EVER!It is hard enough on the people who made this area so nice and to totally downgrade it as a place for the dead who do not belong with the Iiving7!!!!!!!III!Get out!This area has been special for too marry years before I was even developed into what it is today and to desecrate the families who moved here with the understanding they would be unto themselves as single family residents only without having to wary about something SO HORRIFICI NO MORTUARY ANYWHERE IN ETIWANDA—WE DON'T NEED ANOTHER FUNERAL HOME!AND TO THINK THEY ARE STILL PLOWING THROUGH WITH THIS EVEN THOUGH THEY KNOW HOW WE ALL FEEL ABOUT THEM BEING HERE—AND BRINGING IN AN ELEMENT WE DON'T NEED!Who knows what kind of people will be Involved with comhg to this area to-see-their dead whoever...disgusting! Flag 117 Name:Beckka F_bbenkamp on Jul 13.2012 Comments:NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NOMN NO MORTUARY ANYWHERE IN RANCHO CUCAMONGA,ETIWANDA,AL TA LOMA, OR ANYWHERE ELSE NEAR HERE...WE DONT NEED ITI WE ALREADY HAVE THE TWO WE NEED.GO AWAY YOU MONEY MONGERSI THIS MAKES ME SICK. Flag 116 Name:Karen Miller on Jul 13,2012 Comments:I HAVE HAD my business here In Rancho Cucamonga very close to Etiwanda and Church for many years. I DO NOT WANT THIS MORTUARY HEREI I do not want my teems having to go by that location and have to think about death.This is NOT a business for Etiwanda/Randm Cucamonga. it will bring down values of properties,and everything around It.Mortuaries are not synonymous with bringing ANYTHING good to an area.They are in h for the money and take advantage of people when they are most vulnerable,This business is only hen:because they ward to get a stronghold in the area and screw the community.Not this time.NO MORTUARIES ANYWHERE IN RANCHO CUCAMONGA—WE DO NOT HAVE A NEED AND ESPECIALLY ANYWHERE AROUND HERE.WE HAVE OTHER CHOICES WHEN IT COMES TO THIS SUBJECT and forcing people to live near something so vile and upsetting on a daily basis,7 days a week,as their'new* way ofgfe is disgusting.SHAME ON YOU SCI—YOU-KNOW WE DONT WANT YOU HERE.THERE WERE ENOUGH PEOPLE WHO SHOWED UP AT YOUR MEETING TO TELL YOU HOW THEY FELT.GUESS ALL THAT COMPASSION AND INTEGRITY ON YOUR WESSITE ONLY APPLIES X7$7 http://wvvw.ipetitions.com/petition/no-to-sci- -Dome/sipatures/pave/3 7!18/2012 //D P962 Its Name: Diana Willson Jul 13,2012 Comments: We don't want this here!! Flag 120 Name: Diana Wills on Jul 13,2012 Comments:We don't want this here!! Flag 121 Name:James Lani on Jul 13,2012 Comments: Because of the nature of the business.I do believe the existing homeowners in the surrounding area have great weight in allowing this project to continue.H they dont want it.then neither do 1. Flag 122 Name:M Kestennann on Jul 14,2012 Comments: I live with my niece many months of the year when I come home and I have kidney disease and am awaiting transplantation surgery. I am scared most of the time 1 won't get a kidney in time and could absolutely NOT BEAR to be around.near,or forced to see death around me at all times.I walk E6wanda with my niece,we go to shopping,oia for a meal,and fl would just change how - I feel about my_chanrxs.You ale asking TOO MUCH from humanity to put up with such a SELFISH proposal to shove death into the faces of those who live there,and who have made that area what it is.You funeral homefmortuary people are very forceful,pushing,sickening,and black-hearted to do this when the community has already spoken-and we SAID NO! Flag 123 Name:Leon And Katie Salajan on Jul 15,2012 Comments: I do not agree with this proposal and believe it will psychologically effect young and old people.We deserve the right to live in our home and be free of the sight of death everyday. I am terribly sadden for the young children who will have to face this sight often,. Flag 124 Name:Laura Losquadro on Jul 16,2012 Comments: Flag 125 Name:Gee Kim on Jul 17,2012 Comments:Please do not allow a funeral home to be built in our neighborhood.This will NEGATIVELY impact the neighborhood in many ways! Flag 126 Name:Samuel Kim on Jul 17,2012 Comments:This is a family neighborhood and a funeral home is not a good not a good Bt here. - Flag 127 Name:Julie Lopez on Jul 17,2012 Comments: Flag 128 Name: Monica on Jul 17,2012 Comments:No!!Mll This would not be good for this c Flag 129 Name: Mary Szitkar on Jul 17,2012 . Comments:no mortuary Flag 130 Name: Michael Bushnell on Jul 17,2012 Comments:We do not want this funeral home going in. . A & 6158 httD://wu w.ipetitions.com/petidon/no-to-sci-funeral-home/signatures/pace/3 7118;2012 P963 131 Name:Anonymous on Jul 17,2012 Comments:we support this petition,building a funeral home In this area could cause property values in the area to drop.In addition,k will create treffic problems. Flag 132 Name:MEREDITH YOUNG on Jul 17,2012 Comments: No funeral home please!!!!!(!!!!! Flag 133 Name:David J. Lord on Jul 17.2012 Comments: Flag 134 Name: CHARLES RITZ on Jut 17,2012 Comments: Flag 135 Name:Owen St Germain on Jul 18,2012 ..Comments:111"directly across the street on Etlwanda from this proposed site and I don't want this " . to be built here. . Flag. 136 Name:Jung Kim on Jul 18,2012 - Comments: Flag 137 Name:Kestermann on Jul 18.2012 Comments:Please remove my email address from your computer.This is a one time vote. Flag Page: 1 2 3 & B 159 http://wanAr.ipetitiOnS.COM/petibon/no-to-sci- neral-nome/signatures/paoe/3 7/18/20 121 TAB 7 143 P965 Victoria Bloom, Ph.D. Clinical Psychologist License No PSY14866 1300 Bristol Street North, Suite 175, Newport Beach, CA 92663 (949) 474-6494; inbloom4 @verizon.net Mr. Michael Smith CITY OF RANCHOCUCAUONa,y Rancho Cucamonga Planning Department �^�V�1 10500 Civic Center Drive Rancho Cucamonga, CA 91 730 JUL 1 6 ZQ�2 July 9, 201< RECEIVED . &4NNING Dear Mr. Smith: I am writing on behalf of clients that I treat,regarding, as I understand it, a proposal to construct a funeral home in their neighborhood. I am treating my clients for issues revolving around grief and loss, and 1 believe the proposed facility, sited near their home so they encounter it on a daily basis, would be particularly disruptive to their states of mind and course of treatment. Severe psychological trauma can be devastating and last many years. Additionally, it is my opinion that the proposed facility could have a negative impact on any other resident dealing with any of a host of psychological problems including anxiety, depression, trauma, and grief. It should be noted that these are not uncommon psychological problems. I urge you to give consideration to my clients' situation, and identify alternative sites. Thank you for your time and attention. Sincerely, Victoria Bloom, Ph.D. A & B34 I G4 TAB 8 FENG SHUI CONCEPTS Buying A Hous Page 1 of? 967 FENG SB UI CONCEPTS Buying A House By Jenny T. Liu Having foresight in buying a house with good feng shui can prevent many mishaps. Oftentimes, people take for granted that their environment impacts their well-being; not recognizing this fact until something goes wrong. In feng shui, everything around us should naturally stimulate our health and growth. Anything that contradicts this development is a violation of the natural laws. Thus, it is self-defeating and illogical to live in an environment that does not give us peace of mind and the ability to focus on excelling in life. In selecting a house according to-feng shui, we must first understand the energies of each family member. Depending on their year of birth, their body's frequencies are either in the Western or Eastern Direction Pattern. The body's frequency pattern serves as a guideline for where the main functions of the house should be located. For those born under the Western Direction Pattern, this means their body receives the strongest frequencies from the west, northwest, southwest and northeast. The main door, where energy comes in, and the master bedroom, where people re-energize themselves, should be located in these directions. The kitchen and bathroom—sources of negative energy or pollution— should be away from the positive Western Direction Patterns and be located in the opposite directions: south, southeast, east and north. People born of the Eastern Direction Pattern should have their main door and bedrooms in the east, southeast, north or south. The kitchen and bathroom should be in the northeast, southwest, west or northwest. Depending in which direction the rooms are actually located, there are different effects on the residents. Special considerations are taken when there are people of both Eastern and Western Direction Patterns in one family. In addition to having the correct orientation, an ideal site should sit on stable, flat land. Having distant hills behind a site protects and gathers energy. Having small balanced hills and a gradual upward slope in back of a site help to contain energy — like an easy chair in the landscape. Keep in mind that the different shapes and locations of hills will have various effects on the house's feng shui. In the neighborhood, try to avoid houses located near sources of yin, or negative energies, such as a hospital, cemetery, mortuary, landfill, or power plant. Houses surrounded by tall buildings, at the end of a cul-de-sac or a deadend street usually lack energy. The economic and environmental health of a community can reveal its viability. Architecturally, the shape of the house should be symmetrical and balanced, and deeper than it is wide to contain energy. The entry or fever should be open and spacious to allow energy to flow into the house. Inside, doorways should not line up. This places two potentially conflicting mouths of energy against each other. Hallways are best kept short and few. Long hallways are narrow spaces where energy tends to be 1�& r ntvlJ 3r1Ut %_uvo-mr 1 o Duylnr H nuuJ i nsc c vi c P968 stagnant. The kitchen and bathroom produce pollution that requires windows for ventilation— they should not be located in the center of the house. Staircases are also sources of danger or unstable energy that should not be located at the heart of the house. When buying an existing house, if 50-60% of these general guidelines are met, the rest can usually be adjusted. Please be aware that these guidelines are general and do not necessarily determine if the feng shui is good or bad. They are only some of the basic pointers. Because every one of us is unique, and the energies around us are constantly changing— every home has a different effect on the various individuals who live in it. For example, in one house, a family may live a prosperous life while another family moves in with the opposite fortune. There are over 60 factors involved in a comprehensive feng shui analysis and a final on-site evaluation is required to determine which house has a feng shui that promotes a particular family. Living in an environment that has good feng shui vs. bad feng shui is like the difference between eating organic food vs. processed food. Organic foods are free of pesticides and their nutrients are in a natural form that the body readily digests and converts to usable energy, allowing our biological system to function efficiently. Likewise, good feng shui allows you to live in sync with and absorb natural energies so you can live a progressive life. Finding or creating an environment with good feng shui is a vital part of living a heal-thy and prosperous lifestyle. Jenny Liu holds a Bachelor's Degree in Environmental Design from UC Berkeley and a Master's Degree in Architecture from UCLA. She is an expert in the 8,000-year-old Chinese philosophy of Feng Shui who also shares her knowledge through seminars, workshops,periodicals and the internet" Awarded for her Master's Thesis on Feng Shui,Ms. Liu is a fourth generation practitioner with her own consulting firm. For more information,see www.liu-feneshui.com Return to the March/April Index page http://www.awarenessmag.com/marapr5/ma5_feng_shui.htm] 9/16/2012�� TAB 9 I6� Page 1 of 6P970 Justia.com Lawyer Directory Legal Answers Law Blogs Law more UStla US Law Sign In ��erom Search for... in Justia > US Law > US Case Law > California Case Law > Cal. Apo. 2d > Volume 88 > Brown v. Arbuckle 88 NEW - Receive Justia's FREE Daily Newsletters of Opinion Summaries for the US Supr Courts & the SO US State Supreme Courts and Weekly Practice Area Opinion Summaries New Brown v. Arbuckle 88 Cal. App. 2d 258 Share Tweet [Civ. No. 3738. Fourth Dist. Oct. 28, 1948.1 GUY W. BROWN, Respondent, v. N. B. ARBUCKLE, Appellant. 1 COUNSEL D. Siemon, Maas & Siemon for Appellant. S. B. Gill for Respondent. OPINION T( A MUSSELL, J. S1 C+ This is an appeal by the defendant from a judgment enjoining and restraining him from C, establishing and maintaining a mortuary and funeral parlor on property EBB Cal. App, JL 2d 259] owned by him in the town of Oildale, California. In the amended complaint for la an injunction it is alleged that defendant is the owner of Lots 1 and 2 in Block 4 of cc Si Oildale Annex and plaintiff owns Lots 3 and 4 adjoining; that on or about December 19, Ti 1947,. defendant commenced the construction and erection of a mortuary and funeral B, parlor upon his premises; that plaintiff's property, upon which he resides with his family, is situated in the residential portion of Oildale and is suitable and valuable only for residential purposes; that in the operation of the mortuary and funeral parlor human A' bodies will be received, embalmed and kept for burial; that autopsies will be held and funeral ceremonies conducted; that large numbers of people will come and go and assemble for such purposes; that ambulances will call at said funeral parlor at all times of the day and night to deliver dead human bodies; that the operation of the mortuary q http://law.justia.com/cases/califomia/calapp2d/88/258.html 9/16/2012 Page 2 of 6P971 and funeral parlor immediately adjacent to plaintiff's property, with its constant P reminder of mortality and attendant circumstances, will create a.depressive atmosphere L which will affect the mental attitude of plaintiff and the-members of his family with consequent physical disorders; that the quiet use and enjoyment of plaintiff's residential property will thereby be impaired; that the true value of plaintiff's property as a home, as a place of repose and comfort will thereby be greatly diminished and that the normal operation of the mortuary and funeral parlor will interfere with and obstruct C' the normal and free passage of traffic along the streets in the vicinity and adjacent to {•;^.. plaintiff's property. It is also alleged that the owners of certain lots in the Oildale Annex, including the lots of plaintiff and defendant, entered into an agreement in writing which contains covenants restricting the use of said lots to private residences or dwelling houses and forbidding the use of these lots for the erection of any business buildings; that -this_a_greement was recorded in the_ office of the recorded of Kern County in December, 1939;•tnardafendant purchased his property-with-knowledge of the terms of this agreement and has commenced-the construction of a mortuary and- funeral parlor thereon in violation of the terms of the agreement to plaintiff's damage. It was stipulated at the trial that defendant's funeral parlor wouia-no[-De-d-nvi..nco por se, and that there are no zoning or other restrictive ordinances affecting the property. Fi F Plaintiff Brown testified that the repeated sight of visitors to the funeral parlor, showing r signs and evidences of bereavement, [88 Cal. App. 2d 2601 would be a source of L; mental irritation. He testified, as did his wife, that they used their backyard constantly ni in the summer as a place to eat, have picnics, lunches and parties for their friends; that the proximity of the funeral parlor, with its constant reminder of death, would have a dampening effect on this type of entertainment, and would in all probability cause their H friends to refrain from visiting them. Defendant testified that the main entrance for Ci visitors to the mortuary would be on Wilson Street immediately adjacent to plaintiff's Vi I property and in view of his family and neighbors from their homes in the 400 block on pi that street; that he intended to have a large neon advertising sign over the entrance to ?? Py i the mortuary on Wilson Street. There was testimony by a physician that the establishment of a mortuary next to plaintiff's home could and would reasonably cause mental strain on the respondent and his family and neighbors, so as to reasonably B result in direct physical or functional upsets and disturbances. There was testimony that Vi the sale and rental value of plaintiff's real property would be reduced between 10 and Jt 12 per cent by the establishment of the mortuary. There are no business Lc establishments in the block in which defendant's property is located and within a radius of several blocks the character of the neighborhood is primarily and largely residential. K. 2 9/16/201!'7D ttp://law.justia.com/caseslcalifornia/calapp d/88/_�8.htm1 Page 3 of 6 P972 Al The court found that the establishment of a mortuary and funeral parlor upon D, defendant's premises would be a constant mental irritant to plaintiff and members of Lc his family which would reasonably cause the plaintiff and his family to suffer certain U, physical disturbances, would interfere greatly with the plaintiff and his family's comfort and enjoyment of his property and would reduce the sale and rental value thereof; that O Ci the immediate neighborhood within a radius of more than one block of defendant's pi property is used exclusively for residential purposes, and for a radius of several blocks is primarily and substantially residential. The court concluded that the restrictions in the agreement between the lot owners were not binding upon the defendant and that the establishment and maintenance of a mortuary and funeral parlor upon defendant's H Ci property would create a nuisance in fact in an exclusively residential area and that U L� defendant should be enjoined from establishing it. Si The question to be determined is whether the establishment and operation of a mortuary or funeral parlor in a residential [88 Cal. App. 2d 261] area as here shown can constitute a nuisance enjoinable in equity. S1 [1] While some courts hold that an undertaking parlor or funeral home in a residential district is not a nuisance, the more recent trend of authority is clearly to the contrary. Bevington v. Otte, 223 Iowa 509 [273 N.W. 98]. Supreme Court of Iowa, 1937.) In an annotation in 87 American Law Reports, page 1061, it is said: "The greater weight of recent authority is to the effect that the establishment and operation of an undertaking business in a purely residential section, under circumstances which would cause a depressed feeling to the families in the immediate neighborhood, and a constant reminder of death,, appreciably impairing their happiness, or weakening their power to resist disease, and depreciating the value of their property, constitutes a nuisance." This statement is supported by the citation of authorities from Alabama, Arkansas, Indiana, Kansas, Maryland, Michigan, Missouri, New York, North Dakota, Oklahoma, Texas, Virginia and Washington. (Bevington v. Otte, supra.) In this case the court quotes the language in Tureman v: Ketterlin, 304 Mo. 221 [263 S.W. 202, 204, 43 A.L.R. 1155], as follows: "An undertaking establishment is not a nuisance per se. The business of preparing dead bodies for burial is not only lawful but indispensable. It may become a nuisance, however, from the manner in which it is conducted or because of the place at which it is maintained, and it is very generally held to be such when it intrudes itself into a strictly residential district. Beisel v. Crosby, 104 Neb. 643, 178 N.W. 272; Densmore v. 1111 http://Iaw.justia.com/cases/califomia/calapp2d/88/258.html 9/16/2012 Page 4 of 6P973 Evergreen Camp, 61 Wash. 230, 112 P. 255, 31 L.R.A. N.S. 608, Ann.Cas. 1912B, 1206; Saier v. Joy, 198 Mich. 295, 164 N.W. 507, L.R.A. 1918A, 825; Meagher v. Kessler, 147 Minn. 182, 179 N.W. 732; Osborn v. Shreveport, 142 La. 932, 79 So. 542, 3 A.L.R. 955; Goodrich v. Starrett, 108 Wash. 437, 184 P. 220; Cunningham v. Miller, 178 Wis. 22, 189 N.W. 531, 23 A.L.R. 739. The essential ground of such holding is that the maintenance of an undertaking establishment in a residence district tends to destroy the comfort, well-being, and the property rights of the owners of homes therein." In Cooley on Torts (4th ed. 1932), Volume 3, page 180, section 435, it is said: [88 Cal. App. 2d 262] "The inherent nature of an undertaking establishment is such that, if located in a residential district, it will inevitably create an atmosphere detrimental to the use and enjoyment of residence property, produce material annoyance and inconvenience to the occupants of adjacent dwellings, and render them physically uncomfortable, and in the absence of a strong showing of public necessity, its location in such a district should not be permitted over the protest of those who would be materially injured thereby." In Arthur v. Virkler (1932), 144 Misc. 483 [258 N.Y.S. 886], the court after reviewing many cases held that the moving of an undertaking establishment into the midst of a residential district was an illegal encroachment upon plaintiffs' property rights and a nuisance which equity will abate. The Supreme Court of Georgia (1938) in McGowan v. May, 186 Ga. 79 [196 S.E. 705], is in accord with the statement in 87 A.L.R. 1061. Where, in an area of eight city blocks, there were about 75 residences and the only commercial places were two small grocery stores and a delicatessen shop the court held that the area was essentially residential in character so as to entitle the owner and occupant of a residence therein to an injunction against the establishment of a funeral home on an adjoining lot. (Davis v. Holmes (1940), 189 Miss. 554 [198 So. 25].) In Smith v. Fairchild (1942), 193 Miss. 536 [10 So.2d 172], the Supreme Court of Mississippi affirmed the modern weight of authority rule and held that the maintenance of an undertaking and embalming establishment in a residential district must inevitably operate to decrease substantially property values, destroy the comfort and happiness of people residing in the immediate vicinity, and is an unwarrantable invasion of the rights of others, and constitutes a nuisance. The Supreme Court of Missouri (Clutter v. Blankenship (1940), 346 Mo. 961 [144 S.W.2d 119]), in holding that the establishment of a funeral home in a purely ^ q -f v� http:/Aaw.justia.com/cases/califomia/calapp2d/88/258.html 9/16/2012 V'`` Page 5 of 6 P974 residential district constituted a nuisance referred to the California case of Dean v. Powell Undertaking Co., 55 Cal.App. 545 [203 P. 1015], as supporting a contrary contention but held that a majority of adjudications by other courts are in accord with the Missouri cases, and that the trend of later decisions point in that direction, citing White v. Luquire Funeral Home, 221 Ala. 440 [129 So. 84]; Fentress v. Sicard, 181 Ark. 173 [25 S.W.2d 18]; Harris v. Sutton, 168 Ga. 565 [148 S.E. 403]; [88 Cal. App. 2d 263] Haan v. Heath, 161 Wash. 128 [2 96 P. 816], in effect overruling Rea v. Tacoma Mausoleum Assn., 103 Wash. 429 [174 P. 961, 1 A.L.R. 541]; Beisel v.. Crosby, supra; Albright v. Crim, 97 Ind.App. 388 [185 N.E. 304]; Weinmann v. Miles, 134 Kan. 107 [4 P.2d 437]; Dillon v:>Moran, 237.Mich. 130 [2 11 N'.W. 67]; Arthur v. Virkler, supra; King v. Guerra (Tex.Civ.App.), 1 S.W.2d 373; Bragg v. Ives, 149 Va. 482 [140 S.E. 656]. Other cases to the same effect are Kundinger v. Bagnasco (1941), 298 Mich. 15 [298 N.W. 386]; Fraser v. Fred Parker Funeral Home (1942), 201 S.C. 88 [21 S.E.2d 577]; Reiser v. Osborn (1944), 114 Ind.App. 617 [53 N.E.2d .545]; Meldahl v. Holberg (1927), 55 N.D. 523 [214 N.W. 802], and Fink v. Smith (1934), 140 Kan. 345 [36 P.2d 976]. In the instant case there was an agreement between lot owners in the vicinity of and including defendant's property, which was recorded prior to the defendant's purchase of it, and the agreement contained restrictive building covenants of which defendant had notice. This agreement was evidence of the character of the neighborhood and the evident desire of property owners therein to maintain their properties for residence purposes only. [2] The trial court found that the establishment of a mortuary and funeral parlor on defendant's property would greatly reduce the sale and rental value of plaintiff's property; that such an establishment would interfere greatly with the comfortable enjoyment of his property and would be a constant mental irritant to the plaintiff and members of his family and would cause them to suffer physical disturbances. We are in accord with these findings. A mortuary and funeral parlor as a constant reminder of death has a depressing effect upon most people. Funerals, hearses, coffins, the keeping of dead bodies on the premises, the coming and going of bereaved persons, are conducive to depression and sorrow and deprive a home of the comfort and repose to which its owners are entitled. Especially is this true when such an establishment is located adjacent to and in full view of plaintiff's property. Medical testimony was received to the effect that the mental strain caused thereby would reasonably result in direct physical disturbances. 1.93 http://law.justia.com/dases/califomia/calapp2d/88/258.html 9/116/2012 Page 6 of 6P975 Our attention has been directed to the case of Dean v. Powell Undertaking Co., 55 Cal.App. 545 [203 P. 1015], as contrary to the rule announced in the cases herein cited. In the Dean case the decision was based solely upon the pleadings and general findings. The court correctly found that a nuisance [88 Cal. App. 2d 264] per se did not exist. However, there was nothing in the evidence or findings to show that the undertaking establishment was a nuisance in fact. The evidence is not set forth and it was merely assumed that a few general findings were as paraphrased in the opinion. The holding of funerals was not involved. However, the court distinguished. that case from the case of B'eisel v._ Crosby, supra, saying that the Supreme Court of Nebraska was considering, a set of facts that was altogether peculiar and different from the case there involved. The facts of the Nebraska case were extensively set forth and appear to be much more similar to the instant case than those apparently involved in the Dean case. In the instant case the court found that the establishment of a mortuary and funeral parlor would constitute a nuisance in fact, and found facts showing physical as well as mental injury to plaintiff and the members of his family. This finding was supported by some substantial evidence. The question was one of fact for the trial court and under the circumstances we do riot regard the Dean case as controlling here. [3] The plaintiff contends that the court erred in ruling that the building restrictions contained ih.the agreement of certain lot owners in Oildale Annex were not binding on the defendant. It becomes unnecessary to determine this question. Judgment was in favor of plaintiff based on the second count of the complaint and has been affirmed on appeal. The plaintiff did not appeal from the judgment or any part of it. Under such circumstances the point cannot be urged by plaintiff on this appeal. (Miller v. More, 170 Cal. 557 [150 P. 775]; Griffin v. City of Los Angeles, 134 Cal.App. 763 [26 P.2d 655].) Judgment affirmed. Barnard, P. J., and Griffin, J., concurred. Copyright © Justia :: Company : : Terms of Service : : Privacy Policy : : Contact Us http:?/Iaw.justia.com/cases/califomia/calapp2d/88/258.html 9/16/2012 TAB 10 - . P977 ;'__J 27HMR Architects AIA - 221 main street suite I huntington beach californis 92648 (714) 536-2009 fax (714) 536-3669 March 16, 2012 City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, Ca 91730 Attn: Mike Smith Re: DRC 2011-01094/01094D: Neighborhood meeting. Mike, I have attached the sign-in sheet for our neighborhood meeting that took place on March.8ti'. I will summarize the meeting. Brad Buller (Applicant's local representative), who acted as master of ceremonies for the meeting made the introduction of the project team. The project team consisted of Dann Narveson (Applicant's corporate representative), myself(Architect) and Glen Abercrombie (Applicant's local representative). Also in attendance was the Owner's traffic consultant. Dann Narveson spoke first and was interrupted within 5 minutes of his presentation-by public opposition to the entire concept of a funeral home at the subject site. Brad Buller then proceeded to ask for spec questions from the public. The next 90 minutes consisted of more statements than questions and the general tone of the remainder of the meeting was that the public does not want a funeral home in this location. The meeting was then adjourned after no more public questions arose. The applicant was not able to present the project's operations, architecture, traffic or public improvements and was not asked any questions that related to any of these subjects directly. If you would like to discuss the meeting or have any questions about our project please contact me. Sincerely, HMR Architects William Reseigh EX"CHIBIT N A & B 31 6'16 TAB 11 P979 T H E C ! T Y O F RANCn0 CLI CA ?10N' CA Memorandum TO: Mayor, and Members of the City Council City Manager John R. Gillison Assistant City Manager Linda Daniels FROM: Donna Kendrena, Executive Assistant � DATE: March 15, 2012 SUBJECT: FUNERAL HOME PROPOSAL / ETIWANDA AVENUE I received a call from residen 09-565-6431 who wanted to voice her APPROVAL of the proposed uneral Home on Etiwanda Avenue. She attended the meeting on March 8th and was appalled at the behavior of some of the attendees. She would have liked to have been able to hear the complete presentation, but because of the rude and disruptive behavior of several people that just wasn't possible. She added that the Funeral Home would be a great addition to the City citing that we do not have this convenience and she recently used the services of the same company in Upland and they handled everything perfectly. She repeated several times how disappointed she was with the meeting because of the "evil forces" in the room, and hopes the Council will consider the Funeral Home as a potential business in RC. Cc: James Troyer, City Planner CM OF RANCHOClUCAMORGA MA!, ' loll K9 � - C AA7 A & e75 610 P980 TAB 12 ragc 1 01 r P981 Smith, Michael r From: Smith, Michael Sent: Tuesday, December 06, 2011 11:37 AM To: 'johnthai @live.com' Subject: Conditional Use Permit DRC2011-01094 and Development Review DRC201 1-0 1 0 94D /ii Funeral Home at Etiwanda and Candlewood Hello, John My contact info: Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4317 michaef.smith@cityofrc.us From: Kendrena, Donna Sent: Tuesday, December 06, 2011 10:40 AM To: 'johnphai @iive.com' Subject: Applicant for Funeral Home Hi John, i just spoke to Mike Smith in our Planning Department and he assured me that the Funeral Home application was just received on November V!and is at the very beginning of the approval process. He encouraged me to have you send'a letter!e-mail with your concerns so that the Planning Commission is aware of how the Community feels about the project. Another piece of good news. . . .the application does not ask for any cremation services on the property,just a funeral home. Mike has requested additional information from the applicant to clarify all property uses and will be happy to speak to you at anytime about the project. He can be reached at 909-477-2700 x 4317. 1 hope that eases your mind for now, but please send the e-mail or letter as we discussed as it will be extremely helpful during the approval process. Sincerely, Don=xcndsena.C/7rP-O% Executive Assistant to the City Manager City of Ranchc.Cucamonga 10500 Civic Center Drive Ranch; Cucamon-a, CA 91730 (9091519-2615 '909)47?-2846 FAX donna.ken d rena(aicitvofrc.us i 2;8;2012 A &=.B 132 46 P982 TAB . 13 . gl . Defir:ition: Nuissance. Page 1 of 5 P983 Nuisance In tort law, a type of wrong. A wrong arising from the unreasonable, improper, indecent; or unlawful use of property to the annoyance or damage of another, or the general public. • private nuisance is an interference with a person's interest in the use and enjoyment of his land. • public nuisance is an interference with the common right of the general public or an indefinite number of persons; an unreasonable interference with the health, safety, peace, or comfort of the community. "There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word nuisance." William Prosser, The Law of Tort s,4th ed., page 571. CALIFORNIA CIVIL CODE 3479. Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance. (3480.) Section Thirty-four Hundred and Eighty. A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. 3481. Every nuisance not included in the definition of the last section is private. 3482. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. 3482.1. (a) As used in this section: (1) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity. (2) "Sport shooting range" or "range" means an area designed and operated for the use of . rifles, shotguns, pistols, silhouettes,skeet, trap, black powder, or any other similar sport or law enforcement training purpose. (3) "Indoor shooting range" means a totally enclosed facility designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation and lighting systems, and acoustical treatment for sound attenuation suitable for the range's approved use. (4) "Nighttime" means between the hours of 10 p.m. and 7 a.m. (b) http://www.techlawjoumal.com/glossary/legal/nuisance.htm 9/17/2012 1�� TAB 14 /f3 Defirition: Nuissance. Page 5 of 5 P985 1. Indictment or information; 2. A civil action; or, 3. Abatement. 3492. The remedy by indictment or information is regulated by the Penal Code. 3493. A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise. 3494. A public nuisance may be abated by any public body or officer authorized thereto by law. 3495. Any person may abate a public nuisance which is specially injurious to him by removing, or, if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. http://wHtiv.techlawjoumal.com/glossary/legal/nuisance.htm 9/17/2012 Nu�^ nce Lawsuits -Nuisance Property Lawyers.com Page 1 of 3 P986 Search Lawyers.co, '61M F Tom•t Yaur Legal Solution Starts Here Find a Lawyer Understand Your Legal Issue Discuss Your Legal Issue Lawyers.Com>Understand Your Legal Issue>Your Home And The Law>Commercial Real Estate >When Does A Commercial Pose A Nuisance? When Does a Commercial Property Pose a Nuisance? POSTED 3 MONTHS AGO IN COMMERCIAL REAL ESTATE BY LAWYERS.COM5"' 0 COMMENTS Tweet 0 . . Linkedln 0 Email L'r Share 2 + z;"��" - " '' Commercial activities can be loud and smelly. They can s s „ r involve.the warehousing of materials and the use of k � t y hazardous substances. They are associated with increase traffic. Building codes, fire codes, and zoning laws exist to rtf» . keep these nuisances under control. Sometimes, they do it 4 f r fh "`A ` y not. When neighbors complain, small business owners mu 4. remedy the situation or face legal action. Nuisances Can Be Public or Private A nuisance is any condition or activity that offends people or put them in danger. Private nuisances affect a single homeowner. Public nuisances affect groups of people, either because people regularl visit the area where the business is located or because the nuisances affect public property. Crime Is a Nuisance If a business owner uses his commercial property for illegal activity, or allows anyone else to do so, this constitutes a public nuisance because it can endanger others. Examples of this would be drug sales or use of a warehouse to store stolen property. Junk and Debris Are Nuisances Commercial property covered in trash is a nuisance. A building in desperate need of repair would al: qualify. If a business owner keeps rusting, inoperable vehicles on the property or stores abandoned furniture there, most municipalities would consider this a nuisance. Lumber or construction equipmer that's in such bad condition that it's no longer useful could also be a nuisance. Health Hazards Are Nuisances Hazards that risk the health of the public are nuisances in most municipalities. For example, stagnan water, animal manure, and septic waste can all pose a health risk to anyone who comes in contact with them. Any odors they produce would make the area unpleasant for anyone visiting. http:Hreal-estate.lawyers.com/commercial-real-estate/When-Does-a-Commercial-Property-... 9/17/2012/0— Nu; ance Lawsuits -Nuisance Property I Lawyers.com Page 2 of 3 P987 Nuisances Can Earn Penalties and Fines When a complaint is made against a business, a city or county official will inspect the commercial property to see if any laws are being broken. This might result in a warning to the property owner. If 1 owner doesn't address the problem, the government will levy a fine - and keep charging fines until th situation is fixed. Criminal activity is much more serious and can involve law enforcement. A Commercial Real Estate Lawyer Can Help The law surrounding nuisances on commercial property is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a commercial real estate lawyer. Tagged as: Real Estate, Commercial Real Estate, Commercial Leasing, commercial property, nuisance, lawsuit, public nuisance, private nuisance,junk, debris, health hazards, commercial real estate lawyer Tweet 0 Linkedln 0 Email ( Share 2 Have a Commercial Real Estate Question? Was this helpful? J 0 It's Free 8 Easy RLj>• `+'t'v` y . Lawers.co le Verified Content W�� Lawyers.com legal editors have reviewed and verified that the content included in this article reflects - 1 accurate and up to date legal information. Related Articles • Buying and Selling Commercial Real Estate Check out some other great posts&articles that you might like. • 1031 Like-Kind Exchanges of Commercial Property Oops! • Selecting and Working With a Commercial Real Estate I need Residential Real Estate Buy/Sell Broker • Ending a Commercial Real Estate Deal Show more related po DISCUSSION .. Post a new comment Loqui -Or- finest http://real-estate.lawyers.com/commercial-real-estate/When-Does-a-Commercial-Property-... 9/17/201Z 96 TAB 151 1017/12 lstory-Service Corporation International n Home I Cenraa989�8 t �4 $er"'i ee Corporation Our BMSlneae leasers re Caers International a f '+r"�'-_'• About SCI>History Stack(�7ote sat G,ohn.le Offic .� A History of Caring Service and Successes e §„4 Board Ot Erectors\ _ - - Change(1 ) 0.02(0.15) Service,w th shares s international ln(Sly lo North Ater ca's hrgest prouder on reed S ad canodsy --�"' ate Governance \ f Volume 295,066 fc.POr yr services,wRhshareslem L.onNe New Stock Ex change who thesynod of novas 1 founded m 1d w e fLabert L. as cih ir kan of the funeral director w ho grew Up m his fartity's/Mineral As d 101051201204:01 p.m Ksmory> \` Wsimhess and w he sal somas as chairman d the Cmgany's board of directors. ET Corporate gtearship �, ThegrM of aNsv.ork Nees General Press Roan Service Corobeeion The mnr+py's original business plan was based on specifically,effic efficiencies of scale specifically,reduc g A " - intmtonat Nchres overhead c4fs by sharing resources such as embebring accounting,iransportMkn and QuanaN C .h 0,hihnd Personnel amaq three m four funeral homes in a business'cluster" After proving the plan enable...in aauaon in the early 1960x,the founder and a Metal group al associates at Service Coroorarker ord M apply this debating strategy through my rershre of death care businesses in other international Announces markets.R was the beynnng of a threedecado lateral!of..pension Chet would create a North Second!Quarter 2012 Annual.network of neat'1,400 funeral he,and eanaleries by heard of 1992.in 1993, Rmocal Results And Me fanpany r..had begone Nnnh American sMr.and ac9uhad ealo death care fiiaises 2012 Gulem, canpanies in Australia,the Ubtea Kagdom and France,plus smeter holdings in other Fvrapean countries and South America.At the e.d of 1999,lye Company's global netw ork numbered note Man 4,500 funeral service bcator5,cemeteries and con stpres in 20 countries. About Funerals Change said Adaptation We are comet ed to providing a As SO grew ifs offshore presence.R codnwd o acquire businesses in North AMe ii level of service and offer a marketplace Nat,by the late 1990x,had becone exeemel,conpedtive among companies seoctoh of peneW.W,services sealing to buy dead care businesses. Frachasa prices became inflated,corporate debt Web antl benefts that are not grew,access a financial markets disappeared,ad it became apparent N ag players Nat the _..._..,., .�:. avalable elsew here.Whether dynamics of On business expansion Model bad changed.Facing these facts,S nealgned b your need's thred'ates or you priori0es and,war Me next few years,iolemented ranerous inhale ee to reduce werhead, w ish o plan for the future, pay down deb,and increase cash flow.in Me Process,mat Caraany.assessed the value of .19�E��'y w nether your preference o; itsgbbelexpafson. Whaeforeign eperatlea had oncestown pronise,t om as cleartat tratltiomal raskered burial or Henry 70 percent of SCra revenues was geneeled by opeRtkrs n the lhted States and cremation,w as ready to gNe Ca .Begndng in 2000,Saw ant through a period A change dueng whkh R divested most WE you Me best possible guidance of Rs offshore business..and many forth Anerhan funoal home and eereatenes eta were end support. elha underyertwntrhg o did not m We long-term strategy. Leam AbBinding end Cuetamsr fisdlefachon n ING,lye Company exIddeed on Me strength of fts netw ork by introducing o North America Everlaslino PAemorial'r�'Me first hmsconenental brand of death care servces and products--Ggnky Upoprom(see - w w w.dxmp.Mxnmrefl cam).National branding w as conrmonPhce among werseas death care Although a funeral service operaLLis,and h was a nattered fry for Sq operations h ere Wiled Stares and foredo.The neft Me and of a We,it can Ganpary's North American netw Rte W as composed of businesses known by their'heridaga ako be be lain ng of a KJOetl w,most cone"i Me Maros of rounding families fromwhone Me here were acquired. lease,Record Mat lagacY By unifying tlin retwark Mader one band mare,ad created a recngnhabb Witty tat Ioevar through kkl•hg raprasena vase,quality,integrity and uncompradshg cIandards of e—ift.ens Mat can be Bvedasbng hbnrxias intermit nmkaled from coast to ccalL Abet of Me COmpenY's bushesaes today ,Ia90xe trot Dignity archives. Afemoiel logotype on exb signage,along w he the local heritage barren,under which sane have operated for moo Nan 100 years.To ensure lasting customer si isfecrim,a survey a sent to Leam Mere. client farMw wad lave been assisted by Sgfnns. Q Me nearly 30 pmeanl d famano ho a r..pond,n .than95perc ent exposswilhgnessWrecomrendtheservicmol SCifuneral Career Options hares o friends uM fancy. We Il make you rethink Strengaeninp and NOdern¢ation ,.rythng YOU ever thaught abM a career n funeral antl As R banned b restwork and introduced Mare brand funeral sarvoea re to early years of the ceMretery service.Consider the new cWMi Pe canpip,ako hrede significant inprovenents o its financial condom and possibiNes and contact es nhastrucare.Between 2002 and 2006,SCI reduced is net debt(h4W debt nines cash)by today. More tan$1.0 bin,increased operating cash flow,and snpgieiSls field management - Leam We ency,p in fomence,and accountability.R skdkomved business organization a enhance effrc and saiss-procassaz,tightened internal controls,strengthened corporate gwemaoe saadazds�aad-mlablshed the firmest training and development system in Is industry.Far not Star s,$(YnetunheB Value through More Man$335 nlhn n shore repurchases,and it ti=yment of a regular quarterly dlvideM n early 2005,the first since tips.By Me beginning of 20011.M tea.a notceali different erganhaem Nan that of f'Na years earlier. The Company was eperalng al a profit,with robust cash flows antl resources and Me most efficient infrastruchure re tad battery.R w as than this new,gpelon of strength that Sa to a gent step tow and fusee success by acgmring its lxgje e'.a iflitor,Aldefwruits Gaup in '6 November 2005.As SL1looks to Me future,Me addNOn of Mare thin apartment!bores antl _ - camateries in Me Allow odds beta,o k pr vide an expanded geographic fooigrM Mat wll enable SCI o serve families in 46 states eight Ganadare provinces Me District of Cdubba and Porto moo. A Company for Me Thne Weh solid flsechk,-due!'.products and atuddeer benefls,favorable denographics,end ¢x -best in else.'policies,training and professional sanded.,Sa is in an a...low posnen to , provide forth America's finest death care services for generations to cone. &to Man Privacy Polity Email Pao. Print Page 22nd a SO ihenagemann . Rnn4vr'.sci-Corp.wriVSCICORPB4stery.aspx?alias=0103 Service Corporation l ernationai - Wikipedia, the fre °evelopedia Page 16 t P990 Service Corporation Internatid al From Wikipedia,the free encyclopedia Service Corporation Int national is a nationwide Service Corporation Interna 5nal _rni,dr+r of funeral cnnd� I?nd yen.. ?s as well as - in Near-town, Houston,Texas, United States,[21131 SCI operates more than 1500 funeral homes and 400 cemeteries in 43 states, eight Canadian provinces,and Puerto Rico. 1 Contents Type Public Traded as NYSE: SCI - ■ 1 Company history � Brands (ht tp://wwwnyse.com/abouVlisted/quickquote.h[iiil? ■ ■ 4 Famous properties owned by SCI _ Industry Death care ■ 5 Controversies ■ 5.1 Texas Founded 1962 ■ 5.2 Florida Headquarters Houston,Texas,USA ■ 5.3 Virginia o `•�' :'::::�:;�r;:c Nnmher of 1577 i20n5) - a :).c lviassacnusetts rocaooas ' ■ 6 References :2 ■ 7 External links Key People Robert L.Waltrip,Chairman&Founder,Thomas L. Ryan,CEO Products Funerals,Cremations,Pre-planning Net income $248 million USD(2007)1'1 Robert L. Waltrip,a licensed funeral director who grew up in his family's funeral business,founded the Employees 13,499(2008)1'1 company in 1962.141 SCI began as a small network of Website sci-corp.com(http://www.sci-corp.com/) funeral homes and cemeteries in the Houston area. _..._._ _..___.__...___ .._._._.. As SCI grew its offshore presence, it continued to acquire businesses in North ' America—a marketplace that,by the late 1990s;had become extremely r , r,4.`Z r competitive among companies seeking to buy death care businesses: SCI ' c; A]derwoods Group and Stewart Enterprises emerged from this period as the three largest companies in the industry. On December 31, 1999,SCI owned and insurance operations located in 20 countries on five continents.tsl r'z In 1999, SCI also introduced Dignity Memorial'161 the first transcontinental brand of death care services and products in North America. By unifying its network of funeral homes and cemeteries under one brand name, SCI believed it YV VV YJWVrr Jrr VVV VVrr.r.r VrrYUVrY I.r WrV ,(u.sYJ. In 2000, poor market conditions forced SCI to reevaluate operations. While by foreign operations had once shown promise,nearly 70 percent of SCI's revenue was generated by operations in the United States and Canada. The company decided to divest many of its offshore businesses,in addition to many North Headquarters American fimeral. homes and cemeteries[7] http://en.wik-ipedia.org/wiki/Service_Corporation International 8/28/2012 Service Corporation International - Wikipedia, the free encyclopedia Page 2 of 6 P991 Between 2002 and 2006, SCI reduced its net debt(total debt minus cash) by more than $1.0 billion, increased operating cash flow,and simplified its field management organization to enhance efficiency, performance, and accountability. It also changed business and sales processes, tightened internal controls, strengthened corporate governance standards, and established the a new training and development system. For its shareholders, SCI returned value through more than $335 million in share repurchases, and it resumed payment of a regular quarterly dividend in early 2005, the first since 1999.111 In 2006, SCI merged with Alderwoods Group, its nearest competitor in terms of size. The Federal Trade Commission (FTC)blocked the merger.. citing concerns over consumer choice. After agreeing to divest funeral home and cemetery locations in several markets and end licensing agreements with other funeral homes,the FTC allowed the merger to continue. By 2007, the integration of Alderwoods's locations and operations was complete. In 2009 SCI put in a bid to purchase Keystone North America for $208 million. This purchase was completed in 2010 and integrated approximately 200 additional locations into the SCI portfolio. Brands SCI operates the following brands in the United States and Canada.191 • Dignity Memorial: Founded in 1999,provides services in 41 states and seven Canadian provinces. • Dignity Planning: Dignity Planning provides funeral planning and arrangements through Dignity Memorial North America locations. • Advantage: Advantage provides basic funeral services and products. • Funeraria del Angel Funeraria del Angel provides specialized services for Hispanic customers. • Memorial Plan: Memorial Plan currently manages six funeral homes and five cemeteries in South Florida. • National Cremation Society: Founded in 1972,National Cremation Society is the oldest and largest cremation service in the United States. Business model SCI's network of funeral homes consists almost entirely of existing businesses that the company acquired. SCI tends to buy successful funeral homes that are firmly settled and already well known in their community.The company retains the home's original name,often along with former owners who are kept on as management. A typical funeral home that is owned by SCI will not contain advertisements or logos for the corporation, with the exception;perhaps, of pins on staff lapels. As a consequence,most North American consumers are unfamiliar with the company itself. Instead, SCI places strong emphasis on their Dignity Memorial brand. The "Dignity" logo can be seen throughout SCI's funeral homes and cemeteries,on staff, signage, paperwork,vehicles,etc. Famous properties owned by SCI • Rose Hills Memorial Park in Whittier, California_the largest single-site operating cemetery in the world at 2,500 acres(10 km2)_lIII • Joseph Gawler's Sons Funeral Home in Washington,D.C., known as"the funeral home to the presidents."[dwi '"e`&el • Frank E. Campbell Funeral Chapel in Manhattan,New York.["] Controversies Texas httn://en.wikinedia.orp/wiki/Service Corporation International 8/28/2012 Service Corporation International - Wikipedia, the free encyclopedia Page 3 of 6 P992 In the late 1990s, SCI was involved in a controversy involving alleged violations of Texas State embalming laws. The proceedings took a political slant due to Robert Waltrip's friendship with the family of then-governor George W. Bush and Waltrip's campaign contributions to various members of the Bush family.[171 Referred to as "Funeralgate" or "Formaldegate" in the media, the controversy was widely publicized when Eliza May,a director with the Texas Funeral Service Commission (TFSC), was fired while investigating SCI. May alleged in a civil suit that she was fired because she refused to halt her investigation despite pressure to do so from Governor Bush. Other TFSC employees indicated she was fired because her colleagues had lost confidence in her ability and because she was using her authority inappropriately. May's lawyers subpoenaed President Bush to testify at the trial,l13f but Texas Judge John K. Dietz threw out the subpoena on the grounds that the then-governor was not in a position to have enough specialized information to require his involvement.(141 The lawsuit was settled in 2001 for more than $200,000. SCI and the state of Texas were required to jointly pay the decision.["] On January 23,2004,the TFSC fined SCI an additional $21,000 for administrative penalties.l151 Florida In 2001, it was reported that employees of the Memorial Gardens cemetery near Ft. Lauderdale, Florida had oversold the cemetery, so bodies were buried in the wrong places, separating husbands from wives;vaults were cracked open by a backhoe, bodies were exhumed,with bones, skulls and shrouds thrown into nearby woods; bodies were stacked on top of each other; and remains were relocated without notifying relatives. The allegations were particularly appalling to the Jewish cemetery's more religiously observant customers, The Miami Herald reported. Traditional Jewish law requires bodies to be buried intact and prohibits disturbing the dead. SCI reached a$14 million agreement with the Florida attorney general's office in 2003 that required it to repair plots and reorganize the cemeteries to ensure all graves were properly marked and the grounds could accommodate all plots sold. SCI also settled a separate class-action lawsuit on behalf of 350 families for$100 million. Virginia On April 26, 2007 the Washington Post reported that an SCI cemetery in Alexandria,Virginia had improperly buried the remains of the stillborn daughter of Nsombi Hale in a grave too shallow(in a grave about 8 inches deep).Nsombi Hale is filing suit against SCI 'l After an internal investigation by SCI, attorneys working for SCI denied the charges against the company in a letter to Virginia funeral regulators,[171 and a few days later,the Post reported that Robert Ranghel li,one of the SCI employees who had corroborated the initial reports of improper handing of corpses,was fired for "speaking with the media" after having been on administrative leave for several months following the initial reports in the newspaper.l181 On April 5, 2009, The Washington Post reported that the National Funeral Home,a facility owned by SCI in the Falls Church area of Fairfax County,Virginia which also acts as a central care center for embalming and body preparation for other nearby SCI-owned operations(Arlington Funeral Home,Danzansky-Goldberg Memorial Chapel and Demaine Funeral Home), was storing naked bodies in various stages of decomposition in conditions described as "disgusting, degrading and humiliating". The story went on to report that as many as 200 bodies were stored on "makeshift gurneys in the.garage" and "at least half a dozen veterans destined for the hallowed ground at Arlington National Cemetery were left in their coffins on a garage rack". The Post reported that documentation describing these conditions had been reported to the Virginia Board of Funeral Directors and Embalmers.l191 A few days later, the Post reported that family members of a deceased Army veteran whose remains were stored in an unrefrigerated garage at National Funeral Home asked the Fairfax County Commonwealth's Attorney to investigate the actions of National and its parent company, SCI, as crimes.[201 191 http://en.wikipedia.org/wiki/Service_Corporation_Intemational 8/28/2012 Service Corporation International - Wikipedia, the free encyclopedia Page 4 of 6 P993 The Post further reported that the family of retired U.S. Army Colonel Andrew DeGraff filed a lawsuit in Fairfax County alleging that SCI mishandled DeGraffs remains. According to the article,an SCI spokesman said that the company is conducting an internal investigation.[211 California On September 14, 2009,a class-action lawsuit was filed against SCI and Eden Memorial Park, a Jewish cemetery managed by SCI in Mission Hills, charging that they were destroying graves to make room for new interments. 1��1 The Los Angeles Times reported that state officials found no evidence of mass grave disturbances. Russ Heimerich, a spokesman for the state Department of Consumer Affairs, said, "We have not seen any evidence of the kind of massive desecration that[is] being alleged...The kind of activity they're alleging[is] not easily hidden, especially on a willful, large-scale basis." The plaintiffs attorney rejected the findings of the state's investigation. The lawsuit remained ongoing as of late 2009. Michael Avenatti,the plaintiffs attorney, said more than 800 families have joined the class action suit. Avenatti claims the state's investigation was shoddy, saying,"Investigators from the state were told by various groundskeepers over a year ago that they had been repeatedly told to throw bones away,and yet for some reason, the state didn't adequately follow up." SCI denied all charges. After the lawsuit was filed,the Consumer Affairs Department reviewed five to six years of the cemetery's annual inspection records and found no indication that graves had been disturbed. According to the Los Angeles Times article, "The agency also asked the dozens of families that contacted officials to look for signs of disturbances-- shifted or cracked gravestones or anything else that appeared different from previous visits--and didn't receive a single call back,he said" 1231 In January,2012,the lawsuit against Eden Memorial Park was ruled to be a valid class action in Los Angeles Superior Court,with the trial scheduled to begin in May 2012. Massachusetts In 2010, the SCI-owned Stanetsky Chapel, a Jewish funeral home in Brookline,MA,was charged by the State Board of Registration with serious violations of state law and regulations in connection with an incident where a woman was buried in the wrong grave,then disinterred without a legal permit being obtained and reburied in the correct grave with the woman's family not being notified of the mistake and the corrective procedure. As a result, in December 2011,the State Board announced a Consent Agreement and levied the biggest fine in its history, $18,000, against Stanetsky and SCI, and suspended the license of the Stanetsky general manager for a year. Other staff members involved in the incident were subject to punitive actions ranging from additional professional training to license revocation.The incident received widespread local media coverage. The Board's action was also published on the Board's website. Several years prior,the Boston Globe reported J.S. Waterman's& Sons,also owned by SCI,was found by the Board to have accidentally cremated the body of a stillborn infant. The infant's body was apparently placed on a gurney that held an adult woman's body that was scheduled for cremation. As a result of a civil suit brought by the infant's family, Waterman's was ordered to pay nay the parents$325,000,with a pending legal claim that the mortuary violated the state's consumer protection law that could triple the damages, the Boston Globe reported. The family's lawyer,Gordon T. Walker, said SCI could be hit with additional costs,as there is a pending claim that the company violated the state's consumer protection law. That could triple the damages,and SCI could also have to pay the couple's legal fees.The civil verdict was made in Suffolk Superior Court on March 4.The jury awarded$75,000 because of emotional distress and $250,000 because they found the funeral home was negligent and intentionally inflicted emotional harm. References 1 A°°"'Company Profile for Service Corporation International(SCI)"(http://zenobank.comlindex.php? symbol=SCI&page=quotesearch).http://zenobank.com/index.php?symbol=SCI&page=quotesearch.Retrieved 2008-09-30. 2. A Map of Neartown(http://www.neartown.org/images/nta-mapjpg).Nearrown Association. Retrieved October 20.2008. 3. A "Contact Information(http://www.sci-corp.com/SCICOPP/Contactlnfo.aspx?alias=Ol)." Service Corporation International. Retrieved on February 13,2011. "Corporate Office 1929 Allen Parkway Houston,Texas 77019." 4. A SCI(http://www.us-funeTalS.com/sere ice-corporation-intemational.himl)us.funerals.com. Accessed August 29. 2007. �9a http://en.wikipedia.org/wiki/Service_Corporation_International 8/28/2012 Service Corporation International - Wikipedia, the free encyclopedia Page 5 of 6 P994 5. A 1999 SCI IOK SEC document(http:/h vtivw.secinfb.com/dsvRu.51lh.ht)Accessed December 11,2007. 6. A Dignity Memorial(R)Extends Network by Nearly 600 Locations(http://markets.chron.com/chron? GUID=2640194&Page=MediaViewer&Ticker-SCI).Press Release News Wire.July 17,2007. Accessed August 29.2007. 7. A Histon. (http:/h rwlv.sci-corp.comiSCICORP/Hision-.aspx?alias=0103)SCI Corp Homepage. Accessed August 29.2007. 8. A Service Corp International: Company Overview(http:/hvivw•.investor.reuters.con/businessBusCompanyOverview_aspx? ticker-SCI&svmbol=SCI&target=%2fbusiness%2fbuscompan),%2fbuscompfake%2fbuscompoverview). Reuters. Accessed August 29,2007. 9. A [11 (http://wwny.sci-corp.conV SCICOP-P/SCIBrands.aspx?alias=0202)Accessed December 20,2007 10. A Rose Hills Memorial Park: Information and Much More from Answers.com(http:H/ %,w.answers.com/topic/rose-hilis- memorial-park) 11. A Jaynes, Gregory(June 8, 1988). "About New York:90 Subdued Years Of Funerals For the Famous"(http://query.nytimes.comigst/fullpage.htnl? res--940DE6DC1431F93BA35755COA96E948260&sec=&spon=&pagewanted=2). The New York Times. http://query.nydmes.com/gst/ftfflpage.htird?res--940DE6DC143 I F93BA35755COA96E948260&sec=&spon=&pagewanted=2. 12. A Bryce,Robert.(August 20, 1999)Who is Eliza May?(http:/Jw ,.salon.com/news/feature/1999/08/20/bush/index.html) Salon. Accessed August 27,2007. 13. A Bryce, Robert,(July 217 1999. The Texas way,of death(http://wuu,.salon.com/news/feature/1999/07/21!bush)Salon August 27,2007 14. A Duggan,Paul. (August 31; 1999). Bush need not testify,judge rules (http://pgasb,pgarchi ver.com/washingtonpostlaccess/44333107.html? dids=44333107:44333107&FMT=ABS&FMTS=ABS:FT&date=Aug+31% 2C+1999&author=Paul+Duggan&pub=The+W ashington+post&edi lion=&startpage=A.02&desc=Bush+Need+Not+Testify% 2C+Judge+Rules) Washington Post Accessed August 27,2007. 15. A°"Bryce,Robert. (May 14,2004)Final Disposition:The Texas Funeral Service Commission is up to its ashes in trouble again(http://aww.austinchronicle.com/gv,robaseAssue/story?oid-0id%3A210893)Austin Chronicle Accessed August 27, 2007. 16. A "Too Shallow a Hole to Bury a Baby" (http://www.washingtonpost.com/wp- dyn/content/article/2009/04/25/AR2009042503075.html).Washington Post. 2009-04-26,http://w ,.washingtonpost.comlwp -dyn/content/article/2009/04/25/AR2009042503075.htad. Retrieved 2009-04-26. 17. A "Falls Church Funeral Home Denies Mishandling Bodies"(http://v;"w.washingtonpost.com/wp- dyn/content/article/2009/07/01/AR2009070103963.htmi).Washington Post.2009-07-02.http://www.washingtonpoSLcom/wp -dvn/content/article/2009/07/01/AR2009070103963.htm1. Retrieved 2009-07-06. 18. A "Funeral Worker Who Alleged Violations Is Fired"(http://www.w'ashingtonpost.com/wp- dyn/content/article/2009/07/06/AR2009070602767.html).Washington Post.2009-07-06.ht tp://www.washingtonpost.comlwp -dyrt/content/article/2009/07/06/AR2009070602767.htm1.Retrieved 2009-07-06. 19. A "'I Never Could Have Imagined:'Dignity Was Denied the Dead as Bodies Were Stored and Handled Using Disturbing' Methods,Area Funeral Home Workers Say"(http://www.wasMngtonpost.com/wp- dvn/cwntent/article/2009/04/04/AR2009040402976.html).Washington Post. 2009-04-05. http://www.washingtonpost.com/wp -dvn/content/article/2009/04/04/AR2009040402976.html.Retrieved 2009-04-06. 20. A "Family Asks Fairfax Prosecutor To Investigate Funeral Home"(http://www.wasliingtonpost.cotn/wp- dvn/content/article/2009/04/u4/AR2009040402976.hunl).Washington Post.2009-04-07.http://www.washingtonpost.com/wp -dyn/content/arfcle/2009/04/04/AR2009040402976.htm1.Retrieved 2009-04-07, 21. A "Family Members Sue Va. Funeral Home" (http://www.washingtonpost.com/wp- dvn/contentlacticle/2009/04/14/AR2009041403071.htnl).Washington Post. 2009-04-15.http://www.washingtonpost.com/wP -dyn/contentlarticle/2009/04/14/AR2009041403071.htm1.Retrieved 2009-04-15. 22. A "SHOCK Jewish Cemetery in Mission Hills Accused of Throwing Out Human Remains"(hnp://wtivw.knxl670.com/SHOCK--Jewish-Cemetery-Accused-of-Tluowing-Out-Hum/5212787). KNX(AM). 2009-09-14.http://www.knxIO70.com/SHOCK-Jewish-Cemetery-Accused-of-Throwing-Out-Hum/5212787. Retrieved 2009- 09-14. 23. A Drenker,Oliver(2009-11-13). "California officials find no evidence of mass desecration at Jewish cemetery"(http://% ww•.latimes.com/news/localA a-me-gmvesl3-2009nov13,0,5184185.story).Los Angeles Times. http://www.l atimes.com/newsAocalAa-me-gravesl3-2009novl3,0,5184185.story. Retrieved 2009-11-23. n NYSE Group, Inc>Listed Securities(http://ww-w.nyse.com/about/listedAcddata.html?ticker-SCI) a Wrightreports-Wright Investor's Service Company Profile Snapshot (http://wrightreports.eenext.corn/coms2/reportdesc-COMPANY_817565104) ■ Industry Overview: Funeral Operations(http://www.hoovers.com/funeral-operations/-ID_55--/free-ind-fr- profile-basic.xhtml) ■ US Funerals On-Line: Service Corporation International-Dignity Memorial (http://www.us-funerals.com/service -corporation-intemational.html) 1.43 http://en.wikir)edia.ora/iviki/Service Corporation International 8/28/2012 Service Corporation International - Wikipedia, the free encyclopedia Page 6 of 6 P995 ■ Reuters Service Corporation International Company Overview (http://www.investor.reuters.com/businessBusCompanyOverview.aspx?ticker=SCI&symbol=SCI&target=0/n 2fbusiness%2fbuscompany%2fbuscomp fake%2fbuscompoverview) External links ■ Official website(http://www.sci-corp.com/) Retrieved from "http://en.wikipedia.org/w/index.plip?title=Service_Corporation_International&oldid=506960685" Companies based in Houston, Texas • This page was last modified on 1 I August 2012 at 2333. • Text is available under the Creative Commons Attribution-ShareAbke License, additional terms may apply. See Terms of use for details. Wikipedia®is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. !9q httn://en.wikipedia.org/wiki/Service Corporation International 8/28/2012 TAB 16 P997 CBS news documentary 60 minutes Final Resting Place Anderson Cooper www.youtube TAB 17 ,4� Funeral Home Employees Say Bodies Were Mishandled Page 1 of S P999 Sgn In Register Jobs Reel Estate Rentals Cars Pnnt Subsrnptmn Todays Paper Oncussions Going Om Guias Personal Pas, Ydeds ' Politics Opinions I i Enenl'Sports Naliunnl Wnr!d i liainesa 'I'ndh i.if slplel lintvn_lontrnl .lubsl SLme 1 lu Ihr:Vews Empire State Building �raleArrnstrong T.S.Isaac President Obama Redskins So when The conversation turns to your financial goals, turn to us r �&dad3 washingtonpoaLCOm >Metro >Virginia >Adington a FOLLOW METRO ON:a j[j tai x THIS STORY: READ x I WATCH x -.,_- t _— r ClKkfor news.weather antenainmen,.more The ncfrr00 S Funeral Home Employees Say Bodies Were Mishandled ��jA largest By Josh tonite VIDEO "77� network. Washington Post Stag Writer Sunday,April 5,2009 a r, c Ronald Federici'•father,a retired Army colonel,hadjust died,and `e - Federici wanted to escort his body - i dky — _ xmsArtswwc aa,. , to Demaine Funeral Home in Alexandria.But the driver who came to pick up the remains at the � l andmOrK:The Inside hospital said he wasn't going to A.� Story of America's New a Demaine,he was going to some Health Care I aw and What it Means for Us other place. Ali(Pubiiaffairs ___ _ ___ Funeral Home Employees Say Bodies Reports' THIS STORY Mishandled Worker Fired For Desodbing A fo to e tlalmal of Naurnai F na zl Hwtu ire.Fall C%'t) Conditions rt Funeral Home Va. - se_ho some LWdieF Y e e stored 1I,Tile foe lily's Funeral Home Employees Say t e- led 5 ,.q,V.de.by Mrl.ey Bodies Mlimendled Sheft ryasbi°D,apost.cum " Fall.Ohumh Funeral Home Denlea LaL 1L4 V,DEDPI PLAYER Mnhandl ng Booms I View All hems in This Story Notwork News = g Upset and confused,Federici followed the van driver, FEATURED ADVERTISER LINKS who pulled up to National Funeral Home in Falls VkErcZ_ Church.When the white garage door opened at the edge View More An mm LUXENBE l DID YOUR JOB GIVE YOU LUNG CANCER7 of a cemetey just off Lee Highway,Federici said,the foul odor of decomposition smacked him in the face.A FEMUR FRACTURE vom Final File e body lay on a gurney in the garage near a rack holding TOOuSOX cMim NOWIII coffins,and the walk-in cooler where his father was to [ID Reaiu Prim algn up for omclnlaMail epmme rrem Banck Gbamav be left was filled with exposed bodies. E-mall Rapdnts umpalgn. Looking tp buy a home?Visit MR Rut Estate aenian rnr the "The stench was horrific,"Federici,53,said about the Simm oreJ Links Worn open houses. cooler."Bodies were laying buck naked all over the Ame iri-I oil 6 natural pas Industry supports 9.2 million jobs. place.There was no dignity whatsoever. It was LlteLockO Fraud services AmedcanEner,rWarkirorg Zan Credit Fraud Monitoring Plan.Preserve disgusting,degrading and humiliating." Cana Fraud Prctecuon. Niel..[:.win r=sc�:•.r x What Federici witnessed Dec.6 echoed what embalmer- Notwork Nest's tumed-whistleblower Steven Napper had been Map Your Flood Risk Friends'Aedyny, complaining about for months,first to his supervisors, F'nd Rental.,Maps,Fens,FAOa,Your P g P Flood Risk Profile and More' then to the state.Napper documented the atrocities he •ww.v Ooods,natt..... View More Acryuy saw in notes and photographs and turned them over to Buy a link here authorities. Napper,a retired Maryland slate trooper,had been hired in May by National Funeral Home, Slate HIGHLIGHTS which also acts as a regional clearinghouse that embalms and stores bodies for four other Washington area funeral homes--Arlington Funeral Home,Danzansky-Goldberg Memorial Chapel in Rockville,and Demaine Funeral Home in Alexandria and Springfield.From May to February,when he quit,Napper said that the walk-in coolers could not hold all the bodies and that a manager told employees to store them in unrefrigerated areas. Nook -' During his time there,Napper said,as many as 200 corpses were left on http://www.washingtonpost.com/wp-dyn/content/article/2009/04/04/AR2009040402976.ht... 8/28/2012 Rg Funeral Home Employees Say Bodies Were Mishandled Page 2 of 3 P1000 How to Lose weight makeshift gumevs in the garage,in hallways Headed - z-. and in a back room,unrefti eeated and {a Without Really Trying g to y r leaking fluids onto the floor. Some were U.gyps I stored on cardboard bones or were balanced John on biohazard containers.At least half a dozen Lewis How Cruise Lines Fill All veterans destined for the hallowed ground at in Those Unsold Cruise Arlington National Cemetery were left in October e cs Cabins their coffins on a garage rack,Napper said. At -.•• -. Last. How to Improve Memory He began to take photographs in December the with Scientifically and presented them to the Virginia Board of Len's Designed Brain Exercises Funeral Directors and Embalmers.Federici Africa �} Gloom and Napper's observations--accounts Fetish supported by three others who have worked Is there--have led to a probe by the state board, La although board officials said they were prohibited by law from disclosing such an inquiry. New Several people said they were interviewed by a board investigator in recent weeks. esl What was supposed to be a dignified end to thousands of lives had instead deteriorated into a Tool:A haphazard operation,Napper said,more about money than honoring the dead. Part of the DNA largest funeral services conglomerate in the world--Houston-based Service Corporation Test International--the company did not want to spend money to address the issues,Napper said That supervisors told him. predicts Hair "It was disturbing and disrespectful and unethical,"Napper,34,said. "1 never could have an-. imagined what 1 saw there or the things we were asked to do.These are people's loved ones, Hackers and they never should have been treated this way." CWd Use Representatives from Arlington Funeral Home,Danzansky-Goldberg Memorial Chapel, Brain Demaine Funeral Home in Alexandria and National Funeral Home referred calls to the SCI S. corporate offices in Houston. Devices To Robert Malinow,location manager at Demaine in Springfield,said he was not aware of stei anything other than the highest standards at the central facility. See All "Service Corporation International has always represented to me that we carry out the highest of standards and professional behavior within our industry and that we do not tolerate Slate exceptions to those rules,"Malinow said."Behavior such as this would not occur at my a location.We do not tolerate this behavior,and we only ascribe to the highest standards." CONTINUED 1 2 3 4 5 Next p, Sponsored Unks Lae Lock®Fraud Services gap Credo Fraud Monitoring Plan,PHWlWv0 Credit Fraud Protection. W.L.ok ur, Map Your Flood Risk Find Floodplan Maps,Fa.h,FAGS.Your Flood Risk P.M.and More .Iloocaman.pw Senate from AMEX A al l prepaid account you can manage on your Venzon Smanphone. ww�_em mm auye link hen e THIS STORY: READ+ WATCH More from Virginia 'Virginia Politics, Blog:Virginia Politics Here's a place Whelp you keep up vin Virginia'a uverunematea potiowf culture. e Vi lnla Notebook e About this Blog Find a Local Blog ' Plug into the region's dogs,by location or area of interest. ocal Directory FOLLOW METRO ON: �. �e I GET LOGALALERTa: .y Mobile _;;Email http://www.washingtonpOS'.Com/wp-d-yn/content/article/2009/04/04/A:2009040402976.ht... 8/28/2012' Plool TAB 18 a� Page 1 of 2 P1002 Back ® @8NewsNOW>#BREAKING from @AP"KABUL,Afghanistan (AP) --Afghan official: 8 women t TODAY'S DEAL J ABOUT PROGRAM GUIDE CONTACT E-ALERTS Shooting at Las Vegas Funeral Home Injures 7 Posted:Jul 06,2011 7.51 PM PDT Updated:Jul 07,2011 727AM POT By Guy DeMarco,Content Editor-email By Aaron Drawhorn,Reporter-hio i email By Kash Cashell, Photojournalist-email LAS VEGAS - Metro Police are looking for a man who opened fire on a group of people gathered outside a funeral home near Main St. and Washington Ave. The shooting happened just before 7 p.m. after a visitation for 21-year-old Andres Elena, the victim of a fatal stabbing at New York-New York last week. Witnesses say the suspect attended the visitation and was seen mingling with mourners when he suddenly pulled out a gun and opened fire outside Palm Mortuary. "They went down, and you see the bodies go down," said eyewitness Ty Spence. "Everyone was in shock and in panic and running. It was just total chaos, a terrible situation." Seven people, including one juvenile, sustained gunshot wounds and were transported to the hospital with non-life-threatening injuries. Investigators say it is very unusual to have a shooting with so many victims. It is also unusual for one to take place at a funeral home. The suspect fled the scene in a white 1970's Chevy El Camino with a unique design on the door that featured a purple background and a brown number 7 in the foreground. The car also had chrome rims. It was last seen traveling southbound on Main St. Metro is investigating the possibility the shooting is gang-related. The family of Andres Elena believes this funeral was targeted by associates of the accused stabber. His name is Victor Quijano, and he sits in jail on murder charges. Anyone with information on Wednesday night's shooting is urged to contact Crime St000ers. aoi http://ww,A,.8newsnow.com/storv/1 50')7889/police-investigate-shooting-at-downtown-mor... 9/16/2012 Page 2 of I I P1003 • Places • Deals `. Autos • Latest News • Local • Politics • Business • Consumer • Entertainment • Health • CBS4Investigates • National • World • Dim all L42 WEATHER: East Broward Under A Flood Warning Until 8:30 .Details Here Neighborhood Weather Local Names Released Of Men Killed In Funeral Home Shooting April 2,2012 5:30 PM Share this 16 View Comments http://miami.cbsiocal.com/2012/04/02/names-reieased-of-men-killed-in-funeral-home-sho... 8/28/2012 Page 3 of 11 P1004 The covered body of a victim killed in a mass shooting outside a North Miami funeral home on Friday, March 30, 2012. (Source: CBS4) Filed under Local, News, Syndicated Local Related tags A.D. Lenoir, Crime, Deadly Shooting, Funeral Home Shooting, Funeraria Latina Emanuel. Gang Shooting, gary nelson, Kara Kostanich, Laurore Ornis, Mass Shooting, Mckavla, Morvin Andre, Parterson Dubreus South Florida Crime Crime Coverage MIAMI (CBSMiami) —Two more funerals are being planned for two men who GET ANSWERS died last Friday night when gunfire erupted outside a North Miami funeral home. Twelve other people were injured in the shooting including a five year how Can i get rid of my old girl. time share? Laurore Ornis, 42, from Ft. Pierce, died outside the funeral home. Patterson I had one of those Dubreus, 27, died at the hospital. Friends said Ornis was the father of three and disrpstiu-Samson-ao" a hard working dock worker. LCD TV's. locations for miracle IO Dubreus's best friend told CBS4's Gary Nelson that Patterson, a father of two, Products was engaged to be married and had recently been laid off from his job. What we the ncsc gun "It's one of those sad stories where that good person was in the wrong place," laws FI is con,iderin-' said Daniel. "The good guys always go first. It always happens like that," he I s,,,,a report on free said. Daniel did not reveal his last name. office space for non Profit The shooting happened Friday night around 9:30 p.m. outside the Funeraria by quest do%ou still have Latina Emanuel funeral home at 14990 W. Dixie Highway Friday. the link please Family and friends of Morvin Andre, 21, had gathered at the funeral home for his wake. Andre died March 16th after he jumped from a parking garage at the Aventura Mall in an effort to escape Bloomingdale's `loss prevention' employees. Police said some of the people paying their respects at the wake were members of rival gangs. While funeral homes are considered neutral ground by gang members, police said someone touched Andre's body in a way other gang members took as disrespectful. An argument inside the funeral home spilled out onto the street. That's when, according to police, members of one gang went to their car, grabbed an assault rifle and a handgun, and started shooting. http://miami.cluslocal.com/2012/04/02kames-released-of-men-killed-in-funeral-home-sho... 8/28/2012 Page 4 of 11 P1005 Sponsored Links Are You 62 + & Homeowner z< k», Get cash for the equity in y... www.icen;umerknowledae.com 0 tCredit Company Breach Life Lock Ultimate TM protects your identity from the effects... [A&Lock.mri x'-- Woman is 57 But Looks 27 - 'Whittier Mom publishes sim... Consumert.ifestyles.org L ` Earn Up To $279/Day Work From home, Free coaching, risk free trial! u1 The OnlineBusiness.com Fisher-Price Play Guide See how your kids can learn even more during playtime with th... _e.fisher-price.com "It was horrific, people were going crazy, screaming, running,just chaos," said Pastor A.D. Lenoir. The 12 people wounded in the shooting were taken to area hospitals. Five year old Mckayla, who was shot in the leg and has a bullet permanently lodged in a bone, remains hospitalized at Jackson Memorial Hospital. Her mother, Someta Etienne explained what happened. "She was crying, she wasn't walking, I thought someone stepped on her foot or something. It wasn't until someone was screaming, she got shot, she got shot. Mckayla remained conscious and even spoke to her grandmother on the phone while waiting for an ambulance. "I say let me talk to her, `Grandma, Grandma I got shot.' Wow when I heard that,I felt like crying," explained Atamene Etienee, Mckayla's grandmother. No arrests have been made. A total of 14 people were shot which makes it one of the worst mass shootings in the history of South Florida. Click Here to read about the history of mass shootings in South Florida. Anyone with information regarding this incident is urged to contact Crime Stoppers (305)471-TIPS (8477) or (866) 471-8477 Visit www.crimestopnersmiami.com and select "Give a Tip" Send a text message to 274637. Enter CSMD followed by the tip information and press send. http://miami.cbslocal.com/2012;04;02/names-released-of-men-killed-in-funeral-home-sho... 0/28/2012 Shocking Violence Outside of a St. Louis... Gather Page I of 2 P1006 gathe5v Home Friends Groups Share SIGN IN 1 HELP news.gather.com National 1 international I Commentary I Environment I Health I Crime I Weather I Weird po Gather o, th? where millions of o. Of}l� Find more on funeral home violence for flef) ofn Spective Cr: WtIaVs haOPli;7;I.J_ [lot-/ 0:0 1�1il How to Get Freakishly I Long Eyelashes-As Shocking Violence OUISide Of St. Louis by Katie Price >t Featured On Wit'The ri Funeral Horne Member since November 13,2010 December 01, 2010 10:31 AM EST I He.to Los.Weight views: 295 1 comments: I I" Without Really Trying Friends and family of David'Bo"Terrell Davis Sr.had just gathered at the Reliable Funeral Home N� for his funeral,when gunfire broke out just outside the building. According to the St.Louis Today, �,j How New iPads are the violence resulted in two people being killed,one wounded. Police suspect that it was gang t �V, Selling for Under$40 related. Davis has been killed 11 days earlier,shot in the head and chest. Wt This is especially 6 tragedy,because ii affected spaced who were in no way gang-affiliated. Ada s4 The gunfire was so close to the funeral home that people X ARLINGTON .1A-MAY 21:Souders could not tell if it was coming from inside or outside. Imm the U.S,Army Old Guard cause to POPULAR TOPICS ON GAT4ER Elderly relatives of Davis who had came for his funeral saline while i or,at prove slonrr.or Aultilen Neter.1 C.moirl, were left terrified and shocked. Even a funeral home May 21.2009 In A Ffinglur,Viralluo 1 '50 Shades of Grey'Movie:Zee vehicle was damaged by the gunfire, took 1 300 soldiers soulurs and Marines Efron or Logan Leman as Christian about th hours 1.R310.ting a(ro�rth Grey? of tire more 111tin 300,000 wesItues at Arlington head of fm r,mr,ncro Do, Kounney Kardashian Under Fire for Remarkably,this is not the first time that someone has weekend (Prom by Chip Endangering Baby GIN Stureorovil.Gril,Imams) been shot outside a funeral home in St. Louis. In 2007.. — two people were Shot and injured outside of the funeral of William Shockley, 'Big Brother 14'Spoilers:Veto Ceremony Shockerl, Kindle Fire 2 Release Date Rumor: Related Friends on Gather I view more Mom by Katie Price I view more Amazon Kindle Touch Out of Stock Tornados hit St,Louis Airport and surrounding Man's New Best Friend-An Alligatoo Ahead of New Tablet areas Manse Found in Target Syrup Battle Prince Harry's Naked Escapades I Feel The Earth.%lowe Under My Feet. Caught on Video;Queen Elizabeth Mark Madoff Fit son of Bernie Medoff. ld Supriya I terns Files Criminal Complaint Against Dead aff Seen Footage? St Louis Rams'Steven Jackson 'Glee'Season 4 Stollens:New York Living,Blaine and Extracurriculars E3 Find more about:news,general news,true crime,funeral home shooting,st[cuts funeral home shooting,funeral home violence,st lows,st liters funeral home violence Janette Evans'Court Date Detail. Revealed J3 Find Gather groups:Gather News Channel Hurricane Isaac 2012:'Hope for The (j' M Facebook Twitter 0 bookmark• - print 091 Best',But'Prepare for The Worl more )art G,te Dec-'r 2010,4:l6pul i S I This is terribly sad.St.Louis is really in need of some help.Progressive Youth Connection specializes in Preventing violence and bullying, out they need support.www.pyconline.com reply to this comment Joill the.Conversation http://news.gatlier.com/viev,-Article.action?ai-ticleld=281474978746922 8/28/2012 1019/12 Funeral home cut legs off corpse to fit in coffin P1007 . "REYMEPENDENT Funeral home cut legs off corpse to fit in coffin Wednesday, 3 June 2009 US authorities revoked the licences of a funeral home and its director after he admitted one of his employees cut the legs of a 6ft Tin man without the family's permission so the corpse would fit in a coffin. The state Board of Funeral Service voted unanimously to close Cave Funeral Home in Allendale, South Carolina. In an agreement with the board, funeral director Michael Cave said employees never told James Hines' family that his body might not fit in a standard coffin. An unlicensed worker, Charles G. Cave, cut the legs with an electric saw without consulting relatives. Mr Hines' widow has said his legs had been cut off between the ankle and calf and put back in the coffin. Evidence also has been turned over to criminal investigators. Under South Carolina law, destroying or desecrating human remains is punishable by up to 10 years in prison. Mr Hines, 60, died in October 2004 of skin cancer, and his family picked out a standard-sized coffin at the funeral home. His.wife, Ann Hines, said her husband's body was only shown from the chest up at his funeral. And no one suggested a longer coffin. Ann Hines said rumours about what happened to her husband's body started spreading soon . after he was buried. independent.co.uk/news/world/americas/funerakhomecut-legs-off-corpse-to-fit-In-coffin-1695771.ht... jy(1 ocu 1019/12 Funeral home cut legs off corpse to fit in coffin P1008 Mr Hines, an albino black man with several modest hits in the 1970s as a soul and funk guitarist with J Hines and the Boys, was well-known in the town of 3,700 people. J He became a preacher later in his life, playing his guitar during services at the church he built and on a nearby Christian radio station until his death. This article is from The Belfast Telegraph independent.co.uk/nem woridlamcHcas/funeral-home-cul-legs-off-corpse-to-fit-in-coffin-i 695771.ht... 2/2 ,W*7 P1009 I s�✓T' DIANE DIMOND • MY PROFILE • MY HEADLINE GRABS • MY RSS FEED Jun.4 2009-1:26 pm 1 16 diems I o rece nmtendations 13 continents FUNERAL HOME CLOSED AFTER DISMEMBERING CORPSE TO FIT CASKET Geez, there's got to be a special place in hell for someone who would defile a human body. Especially someone who works in the funeral business! Not to make light of the situation but the very name of this funeral home would have been a turn off for me! The South Carolina funeral board revoked the licenses of an Allendale funeral home and funeral director accused of cutting off the legs of a man too tall for his casket. The Board of Funeral Service voted Monday to revoke the funeral director Michael Cave's license and the license of Cave Funeral Services of Allendale after months of investigation.According a document released by the South Carolina Department Of Labor and Licensing, a funeral home employee used an electric saw to cut off James Hines' lower legs so he would fit in a casket that he was too tall for. 1019/12 Wife: Man's body cut to fit coffin-US news-Life I NBC News P1010 Wife: Legs of husband's body cut to fit coffin 41312009 3:40:13 PM ET NBCNews.com Jams Hines was a giant—a 6-foot-7, 300-pound preacher and fink musician' so big that after he died in 2004, a macabre rumor began circulating in this small town that the undertaker had to cut offhis legs to fit him in the co$m This week, after years of whispers, Hines' body was exhumed, and the gruesome story appeared to be all too true. The coroner's office said only that it had found "undesirable evidence,"and a criminal investigation has been opened. But Hines' widow said investigators told her that his legs had been cut offbetween the ankle and call; and his feet had been placed inside the casket. It's just lice pulling the scab off an old sore. I was kind of Ike smoothing things out. But now it's hike starting all over again,"Ann Hines said Thursday, two days after investigators pulled the casket from the ground, lifted the lid, photographed the contents and returned it to the earth, all without leaving the graveyard. Up to 10 years in prison Under South Carolina law, destroying or desecrating human remains is punishable by one to 10 years in prison. Reached this week, a man who identified himself as the owner of Cave Funeral Home, which handled the funeral, declined to comment. The allegations were so startling that funeral directors around the country are talking about the case. 'You hear old wives' tales about this around the turn of the century, but, no, this was a shock to me,"said Doggett Whitaker, a past president of the National Funeral Directors Association Ann Hines said that she and her farrnly went to the fimeral home after her husband's death to make the final arrangements, and she picked out a standard-size casket. At the funeral, only the top half of the lid was open, showing Hines from the chest up, she said. She said nobody ever suggested a bigger box- Funeral directors sometimes pull up the knees or shift the padding in the coffin to make sure the body Sts. But the best solution is usually a longer casket, Whitaker said, adding: "Just being upfront and honest with the fatrvly is the best path to take." He said bodies are usually measured and f tmilies told where a corpse's head will rest in the casket. Longer caskets are routinely manufactured, though they cost more than standard ones. 1. Only on NBCNews.com 1. Jerry Sandusky gets 30 to 60 years for child sex abuse 2. More migrants dying on illegal journey to US 3. Ex-soldiers enlist Afghans to craft military-themd flip-flops 4. Pakistani girl on TaRm hit list shot outside her school 5. Daredevil to break sound barrier with 23-mile plunge? www.msnbc.m sn.corn/d/30033801/ns/us_news4if e/1/wife-tegs-husbands-body-cut-fit-cuff in/#.UHSj... 1/2 _ OCT 6. First Read:Election focus shifts to Ohio P1011 7. One in eight of world population going hungry:UN Duffie Stone, the county prosecutor, would not comment on the investigation. From fimk master to minister Around town, Hines was an unforgettable figure, and not just because of his size. An albino black nun, he performed for decades as a soul and funk guitarist. His group, J. Hines and the Boys, never hit it big but filled clubs and auditoriuirn in the Southeast, and small radio stations played some of its recordings, inctuding 'Fnnky Funk"and "Can't Think of Nothing(Blank Mind)." He gave up what he called his instrument of sin when he found God in the early 1990s. But his pastor had heard Hines' recordings and, convinced that Hines should share his gift, took him to buy a new guitar. Eventually, Hines beca a minister in Allendale, about 75 males southwest of the capital, Columbia. He played his guitar during services at the church he bull and on a nearby Christian radio station until his death from skin cancer at 60 in 2004. At his fimeral, several people, including one of Hines' five children, said the casket looked too small. Hines was about 79 inches tall in his bare feet, according to his family. The interior length of a standard coffin is about 80 inches but can vary by a few inches, depending on the padding, the thickness of the walls and other features, said Scott Jones, chief executive of Service Casket Co., a casket distributor in Columbus, Ga. After the fimeral, the rumors began—started, some say, by a former funeral home worker—and it seemed as if all 3,700 people in town were talking about the burial. Ann Hines said she threatened to sue Cave Funeral Home and the business agreed to settle out of court as long as she did not tell anyone how match she received. She said workers at the funeral home never told her exactly what happened. She said she accepted the deal and tried to forget about the whole thing and stop wondering why nobody even apologized. Eventually, someone called the South Carolina Board of Funeral Service, and the coroner and an investigator with the agency received the widow's permission to dig up the grave. Copyright 2009 The Associated Press. All nights reserved. This material may not be published, broadcast, . rewritten or redistributed. r ago Houstonian accused in corpse abuse case - Houston Chronicle Page 1 of 5 P1012 aµ i STANDARDS 31' GRAD 1' n Classifieds I Houston Weather r .Cott 0, Se.uct; (e- chron.conn C' Web Search by YAHOO! C Businesses HOME NEWS SPORTS BUSINESS ENTERTAINMENT LIFE TRAVEL BLOCS LA VOZ JOBS HOME Houston& Texas Houston weather Houston traffic Hurricanes Nation&world Politics Health News bizarre Houstonian accused in corpse abuse case Baby's body at center of corpse abuse 'worst case' Hefty fine, loss of her license are proposed for area funeral director JANET ELLIOTT,Copyright 2006 Houston Chronicle Austin Bureau Published 5:30 a.m..Wednesday;June 7,2006 Ads by Google Environmental Markets Learn how Goldman Sachs is helping to develop the Clean Tech market. goldinansachs corn/clean-techuolo n Living Trusts Protect your family's assets i+ith a Revocable Living Trust. www.gaLjdv1aw.corn/ Houston and Texas AUS'T'IN -A Houston woman accused of hiding a baby's body in the pants of a man's corpse, apparently to avoid C paying an extra $50 for cremation, should be fined $41,50o and lose her funeral director's license, the Shale; Texas Funeral Service Commission said Tuesday. Comments(0) Email This "I believe this is absolutely the worst ease I've seen in _;Ac Larger I smaller (a Font seven years,' said Chairman Harr-Whittingron. Printable Version In addition to the proposed sanctions against Stephanie Barldev, the commission also recommended $8,400 in fines against her family's business, Barley Mortuary of Crockett. Commission investigators said Barkley made the funeral arrangements v6th the families of the baby and the man, who were not related, at an unidentified Houston funeral home. ' - Ads by Google http:/hvnn,",.chron.com/news/houston-texas/article/Houstonian-accused-in-corpse-abuse-ca... 8/28/2012A// Houstonian accused in corpse abuse case - Houston Chronicle Page 2 of 5 P1013 Moving Company Hawaii Guardian Hawaii Movers 4Less We Make it Simple-Get Price Now �re',c.UShinGuardian.com;.\tovin,-Hawaii Business Travel Agency You Leading Business Travel Solutions Partner in Los Angeles ,rn�a,41 pntrose!I' �n eLcom_ Living Trust Attorney Living Trust Wills,Power of Attorney �r�,tiv naulbrie-son com We Make House Calls Complete Living,'rust,Notary,S795 Voted "Best of LA",Member of BBB www.thetntituros com Whittington said Barkley apparently Was trying to avoid paying the extra $50 it would have cost to have the baby cremated. Family given wrong ashes The baby's family, Who live in Houston, learned of the situation a year ago when a state investigator knocked on their door and asked to examine ashes they had been given by the funeral home. It Was determined that the ashes in two small urns Were from an unknown adult. "I asked her if she had the cremated remains of her baby, and she said 'yes.' I just had to tell her that she didn't, that he Was still at the crematorium," commission investigator Donna Potter said. The baby and the man later were cremated separately. The family of the dead man still has not been notified, but commissioners ordered Potter to visit them and tell them. "Both families were harmed," said Commissioner Laurens B. Fish 111. "If I had to guess, the family of the adult Would be horrified to know the circumstances." Barkley, 41, already has pleaded no contest in Harris County criminal court to abilsiug a corpse. She was sentenced in April to two years probation.As part of the probation, she voluntarily relinquished her license for two years. The terms of her deferred adjudication probation allow Barkley to keep the conviction off her criminal record if she successfully completes her probation, which includes 8o hours of community service. She also was fined $3oo and was ordered to pay $200 in restitution to the baby's parents. Barkley did not return calls Tuesday seeking comment. Her attorney in the criminal case, Michael Laviage, said the case was based on circumstantial evidence and that it involved an employee of Barkley's. He refused to comment further. http://www.chson.com/news/houstor.-texas/article/Houstonian-accused-in-corpse-abuse-ca... 8/28/2012R4A Houstonian accused in corpse abuse case - Houston Chronicle Page 3 of 5 P1014 Barkley's mother, ,Jessie Barkley, owner of Barkley Mortuary, said she wasn't involved in the incident and hadn't been advised of the funeral commission action. "I don't have any answers," t said the elder Barkley, who was reached at a Houston number identified as Barkley Memorial funeral home. Abuse of a corpse is a Class A misdemeanor that carries up to one year in jail and a $4,000 fine. Whittington, who has been chairman since 1999, said the fine is the largest during his tenure. The recommendation now goes to a state administrative law-judge for trial. The six-member commission voted unanimously to find that Barkley engaged in unethical and unprofessional conduct, commingled remains and failed to follow identification responsibilities. The owner of the Crosby crematory that reported the incident, called the situation "disgusting." "When the manager of my crematory found a premature baby"napped in a plastic bag, stripped of all identification, stuffed into the pants leg of an adult male who was about to be cremated, he was astounded,"Anna Hoh, Blackwell said in a letter to the commission. According to Potter's report, Barkley told the baby's parents she had put the baby's cremated remains in the urns and would only charge $150 for the cremation, saying that is what the crematory charged. The crematory only charges $50 for an infant cremation. Sentence disputed Whittington said he thought that the two-year probated sentence was insufficient punishment for what Barley did. The Harris County assistant district attorney who handled the case is on maternity leave and could not be reached for comment. Another prosecutor who said she was familiar with the case said the sentence was appropriate. Markay Stroud, who works in the District Attorney's consumer fraud division, said there was a question about Bark-ley's intent for the baby to be cremated along with the adult. She said had the case gone to trial and prosecutors not been able to prove intent, Barkley could have been acquitted. "There's no reason to question this plea agreement," she said. jaiiet.elliott@chron.com Printable Version Email This _ 0 ;hale We Recommend http://www.chron.com/news/houston-texas/articleiHoustonian-accused-in-corpse-abuse-ca... 8/2-8/2012 cw% `ortuary ghoul pleads guilty - Michael Mastromarino cuts deal for lighter prison sentenc... Page 1 of 2 P1015 Em I cm ME i m Lza- L e dge r SERVING QUEENS SINCE 1919 January 24, 2008 Mortuary ghoul pleads guilty - Michael Mastromarino cuts deal for lighter prison sentence By Thomas Trace The Brooklyn Paper Tweet 0 The mastermind behind a ghoulish illegal body plundering scam is preparing to plead guilty to his crimes—a bid that could not only get him out of prison before his 62nd birthday, but could possibly rum the country's billion-dollar bio-medical industry on its ear.As part of a plea arrangement made with the Kings Count'District Attorney's office, former dentist turned bio -medical mogul Michael Mastromarino,44,is expected to tell prosecutors everything he knows about the companies that purchased the bones and tissues he allegedly removed from thousands of corpses without the consent of the victim's estate or their families. Most of the body lootings took place in a specially designed "cutting room" in the former Daniel George & Sons Funeral Home in Bath Beach, officials said. Mastromarino is expected to receive 18 years in prison as well as assist prosecutors in any further investigations regarding the companies to which he allegedly sold the stolen body parts to. If convicted at trial, he could have received life in prison. But while the plea deal was expected to be accepted on January 21, the case was adjourned. A new court date had not been set as this paper went to press. A sources close to the case said,however, that the plea deal is still in effect. The additional time was granted so attorneys could hammer out a few fine points, the source said. Back in 2005, Mastromarino and his henchmen were hit with a 122-count criminal indictment, charged with enterprise corruption, forgery,grand larceny,unlawful dissection and body stealing and opening graves. Kings County District Attomev Charles Hynes described Mastromarino's activities as "something out of a cheap horror movie." "But for the thousands of relatives of the deceased whose body parts were used for profit, and the recipients of the suspect parts, this as no bad movie. This was the real thing," Hynes said. Mastromarino and Joseph Nicelli, the former owner of the Daniel George & Sons Funeral Home,were accused of carving up the bodies of corpses before they were prepared for funeral services and selling the harvested remains to bio-medical companies with forged paperwork. All of the body parts were sold through Mastromamino's New Jersey-based Biomedical Tissue Services, officials said. Body parts cannot be sold. They can only be donated with the expressed,written consent of the donor before the person dies, officials said. To make everything appear official on paper, Mastromarino and Nicelli forged death certificates and other documents,making it appear that the deceased wanted his or her body parts donated. They also on occasion forged the cause of the "donor's" death, claiming that a man who had died of cancer had died of a heart attack, which would make their harvested tissue more desirable to biomedical companies. The remains would then be used in a varier of reconstructive surgeries and operations where new bones and tissues were required. The remaining members of the team,Lee Cmcetta and N http://www.timesledger.com/stories/2008/4/20080124-archive316.htm1 9/16/2012 Mortuary ghoul pleads guilty - Michael Mastromarino cuts deal for lighter prison sentenc... Page 2 of 2 P1016 Christopher Aldorasi,were charged with assisting Mastromarino and Nicelb in removing the bode parts and then re-stitching the corpses up, replacing the stolen bones and organs with their bloodied rags, aprons and PVC piping to make it appear that the bodies hadn't been tampered with. Officials allege that Nicelli, who also owned a body transporting business, would be alerted about a death and pick up the bode before it was taken to a local funeral home. He would then take the bodies to the cutting room at Daniel George&Sons where the body parts were removed, officials allege. Directors and employees of several borough funeral homes were allegedly involved in the scam,where they would reportedly receive 51,000 a bode that N-lastromarino and his crew would rifle through. Those involved have already pleaded guilty, as well as Cmcetta,who received seven years in prison for his testimony. According to published reports,Mastromarino's Biomedical Tissue Services shipped bone, skin and tendons to three publicly traded companies: Regeneration Technologies, Inc.,Medical, Inc. and LifeCell Corp.Two non-profit companies also received the plundered remains. Those companies were responsible for sterilizing the harvested organs and then sell them to hospitals and other medical companies throughout the United States and Canada. Although no charges have been filed against these companies (some, however, have already been sued for their role in the criminal enterprise), they may not be happy with what Mastromarino has to say about their organizations if he takes the stand. "Let's just say that [NIastromarinol is going to assist investigators and give any information he has about the processors and their role," Mastromarino's attorney Mario Gallucci told reporters last week. "It appears that the Brooklyn district attomey's office is interested in the information that he's providing." Mastromarino is facing another indictment in Philadelphia. It is unclear if a similar plea deal is being hammered out with prosecutors there. 02008 Community Newspaper Gmup Tweet 0 READER FEEDBACK http://www.timesledger.com/stories/2008/4/20080124-archive'16.html 9/16/201 `� Page 2 of 16 P1017 1 g � Home > Abuse> Corpse Abuse > Funeral Home Employee Fingered For Corpse Abuse Funeral Dome Employee Fingered For Corpse Abuse March 9, 2012 at 10:14 am by kniption M '30 r Toledo, OH Lawrence I Clement, 57, has turned himself in to Toledo police after having been told that there was an active warrant for his arrest. This in response to allegations that he was discovered touching a corpse `in a sexual manner' while working at a funeral home. Police say Clement—of Temperance Michigan—had "sexual contact by means of touching the erogenous zone" of Brenda Shular-Cameron, 51. Shular-Cameron had died Sunday of multiple organ failure. Shular-Cameron's family was reportedly told that another funeral home employee witnessed Clement "fondling"the woman's corpse. http://www.dreamindemon.com/2012/03/09/funeral-home-employee-fingered-corpse-abuse/ 8/28/2012C21& Page 3 of 16 P1018 Clement, who had worked part time at H.H. Birkenkamp Funeral Home where the incident allegedly occurred, has since been fired by the company, a spokesman said Wednesday. The family of the victim reportedly said they were told Clement worked there for seven years and was a 'greeter.' "I'm enraged," said Anne Lamprecht, the victim's mother. "My daughter died a horrible death. She was a beautiful young woman. I cringe to even think of them touching her." The family had the woman's body transferred to a different funeral home, but the future is not yet clear. "We can't even bury her now," Ms. Lamprecht said. "We can't make funeral arrangements. We don't know if the police will hold her body. She didn't deserve this. None of the family deserved this." Shular-Cameron's family have claimed funeral home manager Susan Birkenkamp offered to forgive the $11,000 funeral cost if the family didn't call police. Lisa Marshall, a spokeswoman for Houston- based Service Corporation International, which owns the Birkenkamp funeral home denied the family was offered a deal. Marshall said that the company wouldn't have told the family in the first place if it wanted to cover anything up. "I do not believe for one minute that we offered the family anything for their silence, and I believe that we operated as we always do with full transparency," Marshall said on Thursday. The woman's mother had reportedly said, though, that the funeral home employee who witnessed the alleged abuse had threatened to go to the authorities if the family was not notified. The Ohio Board of Embalmers and Funeral Directors has reported that the funeral home did contact . them about the matter. The board also is investigating. Board Acting Director Jennifer Baugess said that the Board could suspend or revoke the license of the funeral home or its director if wrong doing is found. Board inspectors are reportedly in Toledo today to interview employees. Clement is scheduled to be arraigned today in Toledo Municipal Court on a charge of abuse of a corpse. Such intrigue! I had always thought funeral homes were kinda boring. Hollywood could make a movie about this. But, please please leave out the obligatory sex scene. Tags: Corpse Abuse, funeral home, Lawrence Clement, Necrophilia, Ohio 58 Comments 19 PREVIOUS ARTICLE Y�n http://www.dreamindemon.com/2012/03/09/funeral-home-employee-fingered-corpse-abuse/ 8/28/20111 P1019 Police: Student Sook LSD before campus shooting A funeral director at Earthman Funeral Home in Houston has been charged with abuse of a corpse after investigators found digital photos dating back five years of the director posing with his penis touching the feet of a nude female cadaver. According to court documents, lames 1-toward Patton, 38, is free on a$1,500 bond after being charged with a class A misdemeanor. An investigator with the Houston Police Deparmient was looking into allegations of Internet harassment lodged against Patton by his ex-girlfriend when an April 2 search warrant turned up several photos on Patton's computer. It was unclear from court documents whether there was more than one corpse and one incident. Lisa Marshall, a spokeswoman for Earthman's parent company, Service Corporation International, said the photos recovered from Patton's computer were taken in 2004,before he was employed by Earthman at 8303 Katy Freeway. She said Patton was taken out of service when the allegations surfaced and no longer works for the funeral home. "These are very disturbing allegations," Marshall said. "I hope people understand that this incident is unusual and is not indicative of what we're like as an industry." Patton could not immediately be reached for comment. Read more:httl)://www.benumontenterprise com/news/irticle/Houston-funeral-director-charged-with corpse-abuse- 740092.phpimzz28gf W oPXm c21 P1020 / Lawrence Clement(Booking Photo) Filed Under Daily J PM, Local, News Related Tags abuse, corpse_,funeral home,Ohio, Temperance,Toledo TOLEDO (WWJ/AP)—An Ohio judge has sentenced a Michigan man to one year in prison after he was found guilty of sexually abusing a dead woman's body when he worked at a funeral home. Lucas County Judge Stacy Cook sentenced 57-year-old Lawrence Clement of Temperance, Mich., to one year in prison after he was convicted of sexually abusing a corpse. He pleaded no contest last month. Clement was indicted in March and fired from H.H. Birkenkamp Funeral Home in Toledo after he was found in a compromising position with the corpse of a 51-year-old Brenda Shular-Cameron, who died of multiple organ failure. Cook said at the Tuesday sentencing that Clement abused his position of trust, The Toledo Blade reported. "This was sickening and appalling and will make everyone in this community think twice about putting their family members in the care of a funeral home,"the judge said. " ... You are a grown man who made a disgusting choice." A message left for Clement's attorney was not immediately returned. �lR Service-Corporation-International I Ripoff Report I Complaints Reviews Scams Lawsuits ... Page 1 of 3 P1021 Is there a Ripoff, Report about you!? SEO Reputation Management WARNING! Click Here Now! Ripoff Report I Complaints Reviews Scams Lawsuits Frauds Reported. File your review. Consumers educating By consumers,for consumers... consumers.TM Don't let them get away with it.® Let the truth be known!- Home Help FILE A Update I Latest I Consumer I Consumers I Legal REPORT a Report Reports Resources Say Thank You Directory ® Ripoff Report protects consumers first amendment right to free speech Re, Service-Corporation-International I Ripoff Report I Complaints Reviews Scams Lawsuits Frauds Reported Company Directory I Service-Corporation-International Approximately 8 Reports Found Showing 1 - 8 Wondering if a report is missing?We DO NOT remove reports from our database. Date Title City, State 1 Pierce Brothers Valley Oaks Memorial Park Service Corporation International Terrence Sho 7/30/2011 said Marlene is too old Westlake Village California 11:16 AM u:6AV Employers: Pierce Brothers Valley Author:westlake village Califon 2 Acacia Memorial Park $ Funeral Home Seattle Dignity Memorial Service Corporation 1/27/2011 International. SCI Management L P Acacia Funeral Home Sales Representative Terrorisec 3:28 PM Grieving Relative Seattle. Washington ;uro.'Fy Funeral Services.Acacia Memorial Park ! Author: Seattle Washington Eden Memorial Park Service Corporation International Desecration of over 500 graves and 10/27/2009 improper disposal of human remains. digging up graves and moving bodies to make room fi 5:05 PM remains Mission Hills. California C2DA= Questionable Activities: Eden Memorial Park Author: a PIERCE BROTHERS VALLEY OAKS - Service Corporation International Service 10/25/2009 Corporation International California cemetery accused of desecrating remains as m 8:39 PM 500 graves may have been torn up without the families' Dennission Mission Hills California http://www.ripoffreport.com/directory/Service-Corporation-Intemational.aspx 8/28/201 Service-Corporation-International I Ripo$ Report I Complaints Reviews Scams Lawsuits ... Page 2 of 3 P1022 Is there a Rr�?ue tin®bt=fFgtvties lgR �tR ro ty�h! nagement WARNIN uth�ScNaPniv'%ow! PIERCE BROTHERS VALLEY OAKS - Service Corporation International wrongfully termine 4/21/2009 after general manager refuses to call me an ambulance Westlake Village California d10:37 AM yCCOA_ Better Business Bureau:PIERCE BROTHERS VALLEY Author:westlake village Califon Cook-Walden Funeral Home Dignity Memorial Service Corporation International They paid 3130/2009 local government to help families in need and they DISCRIMINATED against a Native Amer 7:23 AM Armv veteran Austin Texas QV C.f A__tv i READ THE RIP OFF REPORT POSTINGS ON SERVICE CORPORATION INTERNATIONAL Funeral Services: Cook-Walden Funeral Home 's Author:Austin Texas Service Corporation International aka Pierce Brothers Service Corporation International aka 10/31/2008 McMillan-McCormick Pierce Brothers Service Corporation International aka McMillan-McCc 9:27 AM Pierce Brothers Halverson Stone & Myer Assembly-line embalming deceased prepared at central facilities Shades of sovlent green Houston Texas ...That is how SCI operates., I was sexually assaulted by Mortuary Manager Del Mattews, in the preproom embalming an elderly woman, SCI and the President connections to the current administration., Get a life... democrats will say and do anything., Typical Behavior, I am far from being a fan of SCI, but be sure to rese ANY funeral home before using them., Here is an Investigative Report on Service Corporation International were or are an Employee of SCI in the past three years, BE SURE TO READ THIS!, I HAVE PROOF THAI THERE WAS A CLASS ACTION SUIT AGAINST SCI in Texas in 2004!, Several Class Action Suits againsl (Lawsuits like this tend move slowly!) Funeral Services:Service Corporation International I Author:Santa Ana CA I a Greater Miami Jewish Cemetery Assoc. A/k/a Mount Sinai Memorial Park Cemetery ripoff N 10/31/2008 more! Moved my Mother's Memorial Stone 3 times now I can't find my Mother's Remains T 9:25 AM horror has been acing on since Oct 2003 In a few word this is Chapter 672-.02 Cemeteru t Have a confession from Pres. of Board but Board says they have no Liability. I am still goinc hill fighting them & getting very ill had Disinterment Mito DNA pictures film & spent much Florida ...Was this Cemetery taken over by Service Corporation International?They are being sued in Texas too. Funeral Services: Greater Miami Jewish Author:Aventura Florida Approximately 8 Reports Found Showing 1-8 1 Showing Page I of 1 Legend . sx 3 New 06F> Updated tom--xA Rebuttal ;rx : ,.-, Ph http:/hi,yi,yv.ripoffreport.com/directory/Service-Corporation-Intemational.aspx 8/28/201PQI Mad D ityfhnance and Mve M.Guest sign h . Iep&Feedoack P1023 Nome;'.,. &�L= keneni;: nrtiry-, horn-Yeaue, Lrl:•:�'"- 5;t;r�>.;r ZG' :cAftCH Main Homes for Sale Rentals Home Values News Home Finance How To Guides Videos About Us Cremated Remains of 56 People Found in Ohio Foreclosure By The Associated Press I Posted Sep 20th 2012 12 22P 10> 8 Copyright 2012 The Associated Press.Al rights reserved.This material may not be published,bmadrasl,rewritten or redistributed. x h� 4{n i v a� > DAYTON,Ohio--Bo>xs containing the cremated remains of 56 people stored at a southwest Ohio house under foreclosure are the same ones that a state regulatory agency found at a now closed funeral home last year,officials said Wednesday. Dayton police said that a contractor hired to remove remaining items from the house co-owned by the _ former director of the funeral home found the boxes in a closet Tuesday in the city north of Cincinnati.The boxes labeled with names and dates of death of the deceased individuals were Collected by the Montgomery County coroner's office,which is working to inventory them and try to find any ne#of kin. The remains found Tuesday were the same ones that were found at the McLin Funeral Home in Dayton last October by investigators for the state Board of Embalmers and Funeral Directors,board executive director Vanessa Mekamp said Wednesday.She said the board in January permanently revoked the licenses of funeral home director Scherrie McLin and the funeral home after a state investigation revealed violations of :late laws and administrative codes. The board,Mich is the court-appointed receiver for the noun-closed funeral home's prepaid funeral service contracts,had court permission to enter the funeral home last year and remove those documents,Niekamp realestate.aol.com/blog2012/09/20/cremated-remains-of-56-people-found-in-dayton-ohio-foreclosure/... 117 said. P1024 "We saw the boxes then and recorded the names,"said Nekamp,who called the discovery of the boxes at - the house"horrifying," ;r She said the board had no authority to remove the remains but immediately informed the county prosecutor's office about them.Calls to the prosecutors office were not immediately returned Wednesday. Records with the county auditor's office stow that the house where the boxes were found is owned by Scherrie McLin and Tanya Anderson.They could not be reached for comment Wednesday. Mekamp and coroner's office director Ken Betz said their agencies and others will be working together to determine whether there are relatives to claim the remains and how o handle any unclaimed ones.The dates on many of the boxes date back to the early 1990s.with the oldest dated 1982. Coroner's officials also will check death certificates,on which funeral homes are to place the final disposition of remains, he said Betz and Mekamp said it would be up to law enforcement agencies to determine if any laws have been broken.Dayton police didn't immediately return calls Wednesday. Nekamp said state law allows funeral directors to dispose of remains after 60 days if they are not claimed, but it doesn't say they have to be disposed of at any set fine.The law does say that when the remains are disposed of,they must be placed in a grave,a crypt or a niche,Niekamp said.An example of a niche would be an alcove or recess in a wall that might be used to display remains of someone in a museum,she said. 'It's very common,unfortunately.that someone passes away and has no one calming their remains." Nekamp said,adding that the law was intended to enable funeral directors to make arrangements for handling unclaimed remains. Police have said that the remains found Tuesday were still in the plastic boxes funeral homes use for temporary storage. Copyright 2012 The Associated Press. The information contained in the AP news report may not be published. broadcast,rewritten or otherwise distributed without the pnor written authority of The Associated Press.Actiwe hypedinks have been.inserted by AOL. Wa¢b More Naus Viaeos at QC 1 2012 heacenaal Eledlor I Emerteiamenl a Celebnky Nr See also: $7 Million in Gold Ffidden in Carson City Home 'Doomsday Bunker Made of Stolen Trailers, Police Say - Snakes,Alligators and Other Exotic Animals Found Inside Brooklyn Apartment i More on AOL Real Estate: Find out how to calculate mortgage payments. Find homes for sale in your area realestate.aol.com/blog/2012/09/20/cremated-remains-of-56-people-found-in-dayion-ohic-foredosure/... 2/7 Judge issues gag order in crematory case - CNN Page 1 of 2 P1025 f�•- l 77", SEARCH l Home I viaeo I NBwaPVlae I U.S. World I Politica l Justice I Entertainment I Tech I Health I Living I Travel I caratl Illation Money I sports Ads by Google Prudential Can Help Judge issues gag order in crematory case Together, let's tackle our biggest financial challenges. Learn more. February z-..2w2 P rudential.wmlbringyou rchal lenses Man Cheats Credit Score A county judge issued a gag order Thursday in the case of a crematory operator accused of failing to 1 simple trick&my credit score jumped cremate hundreds of bodies and hiding them on his northwest Georgia property instead.Walker County 217 pts. Banks hate this' Superior Court Judge Ralph Hill issued the order in the early evening.It cut short a news briefing by vnvw.thecreditsolutionprogram.com law enforcement officials near Tri-State Crematory in Noble,near Georgia's borders with Tennessee and Alabama Before the order was announced,Georgia Chief Medical Examiner Kris Sperry said investigators had - completed emptying six burial vaults found on the crematory's grounds.The vaults,each designed to, hold one body,contained 67 sets of remains,Sperry said. Ads by Google Advertisement Related Articles a Prudential Can Help '1111'1 CTO WORLD Sheriff wema of possible threats to crematory Together, let's tackle our biggest financial 'Ylff fflluu WORLD operator challenges. Learn more. ,A Fobmary 22 2002 Prudential.com lbringyourchallenges ?: Parents,slater of crematory operator arrested Marc,6 2002 Man Cheats Credit Score 1 simple trick&my credit score jumped Investigators delay draining crematory lake 217 pts.Banks hate this! February 27,2002 www.thecreditsolutionprogram.com WHATWOULD Advertisement EVERYO 1 IMPACTO WORLD Search teams have now recovered 283 corpses and identified 54 of those,according to the Georgia 1 Emergency Management Agency. The crematory's operator,Ray Brent Marsh,is under close watch in the Walker County Jail,Sheriff ;;RX114-;1 Steve Wilson said.He races 16 felony counts of theft by deception--one count for each of the bodies Y identified at me time he was charged.Authorities say Marsh,28,did not perform cremations that families had paid him to do. A bond hearing is scheduled for 2 p.m.Friday,said William J.Day,Walker County's chief magistrate. The hearing had been delayed until Marsh hired an attorney. The recovery operation at the crematory and nearby parcels has cost$5 million over its first five days, said Georgia Bureau of Investigation Deputy Director Vernon Keenan.Salaries and heavy equipment costs account for most of the expense,he said. Authorities have also decided to drain a lake on Marsh's property after investigators using underwater radar and infrared cameras found a human skull and torso on Wednesday. The entire recovery process could take eight months,investigators saitl.State officials said they plan to ask the federal government for emergency funds to offset the cost of the operation,which one official described as"a catastrophe that can only be described as a horror story:' "The odor is now overwhelming,"Keenan said Thursday."But our agents and the deputies who were You don't on the scene Friday did not smell anything." have to waft The state has set up a morgue facility in an undisclosed location and brought in specialists to help t t t I identify the remains.Once a body is identified,it is sent to the funeral home that sent it to Tri-State and t r the family is notified,Keenan said. --CNN Correspondent Art Harris contributed to this report. Ads by Google , Master Without Bachelor Online MA in 12 months from leading British University-free catalogue http://articles.cnn.com/2002-02-21/us/crernatory_l_sheriff-steve-wilson-walker-county-jai... 8/28/2012°` ` Central figure in cemetery probe found dead - CNN Page 1 of 2 P1026 (` J'l\J 1\JI SFAFChI Home I Video I NewePUide I U.S.I world I Politics Justice I Entertainment I Tech I Health I Living I Travel I Opinion iReport I Money I Sports Ads by Google CARBON MONOXIDE Genealogical Study Course Salt-PacedOhline Instructional Course Fast BEasy, Central figure in cemetery probe found dead Enroll Now! wmr Uru•:ersa!Class Co. Decamner?.'.7ce1 AneeaW.eom-Genealoav Wood's largest online family history resource S*billion records www�ncenry.com A central figure in an investigation into the desecration of graves at two Florida Jewish cemeteries.is 5 Food.you must not as dead of an apparent suicide, police said Thursday. Cut down a bit of stomach fat every day by never eating these s foods. Peter Hartmann,45,was found dead late Wednesday in the garage of his parents'Boca Raton home, mmdowncwb corn - apparently from carbon monoxide poisoning.A Car was running,police said,and the garage was full of Galles E.Pimed smoke. A shocking secret coffee do's don'I want you to know wwwCoff..Focicon Hartmann was the general manager of the Menorah Gardens Cemetery chain that had come under fire for allegedly digging up bodies without notifying their relatives and,in some Cases,losing the remains of the deceased. Related Articles s Ads by Google Advertisement Masher Without Bachelor •••ssnss�tttsss a�� After suicide try,survivor on respirator Online MA in 12 months from leading British University- I�11I,I'I•T �0 D10 May 319", free catalogue - MPACt n call'.on Officials:Hollywood Foreign Press member died Genealoav Praarema LYLTJ_y _ Full Access BMD,Census Records,Find Family 3 in apparent suicide History with Experts. Jame,21.201' FindMyPasl.wmRJK-Genealogy - Free Genealogy,Search Tennessee lawmaker dead in apparent suicide New Instantly Family Tree Mapping,Its Free!Find Your June 2U,2002 Ancestors New SeniorFacts.com Brain Tminina Game WHAT WOULD Improve memory with scientifically designed brain EVERYONE '' exercises. Find More Stones About s www.lumoairy.wrr. Carbon Monoxide Menorah Gardens is operated by Service Corporation International,one of the country's largest providers of funeral and cemetery services. Advertisement In a recent class action lawsuit,attorneys for several families of people buried at the two cemeteries said they found evidence of bodies being moved without telling families and showed a videotape of human remains scattered in the wood near one of the cemeteries. Florida Attorney General Bob Butterworth is investigating charges against the funeral company. A spokesperson for the Palm Beach County sheriff said the office was treating the death as a suicide but was waiting for the medical examiner to make a report. Ads by Google Prudential Can Help Together, let's tackle our biggest financial challenges. Learn more. Prudential.c mlbnngyourchallenges We recommend From around the web Report:Pilot error led to woman's fatal felt hem gtitler a Things YOU Should Know About Restless Legs This Just In Syndmme HoatthCemrstcom Hiker photographs bear just before fatal grisly attack Give To The Homeless,Commit a Crime?The CNNebmr R.ap...lie lit,Project No more niceness:Crime,Romney try to min on Thomas Edison Did Not invent The Lightbulle(and each others pamde CNN Fast.. Other Things You Should Know)Qualcomm Sunni http://articles.cnn.com/2001-12-27/us/cemetery.scandal.suicide_1—funeral-and-cemetery-s... 8/28/201 Z-- Threatened Strike Called Off Two Days After Vandals Hit Three Suburban Chicago Fune... Page I of I P1027 S;W'mb:r 4,11112 CHICAGO Threatened Strike Called Off Two Days After Vandals Hit Three Suburban Chicago Funeral Homes _K4kj . ............ First Posted:07/12111 02:30 PM ET Updated:09111/11 06:12 AM ET .4 A walk-out previously scheduled for Tuesday morning at four suburban Chicago funeral homes was postponed after management of the homes agreed to meet with the local union to negotiate a new contract for employees, including funeral directors, embalmers and livery drivers. The Chicago Sun-Times reports that three of the four Aderwoods funeral homes involved--the Weinstein home in Wilmette, the Lauterburg & Oehler home in Arington Heights and the Oehler home in Des Plaines -- were vandalized sometime Sunday evening with "vulgar profanity, broken windows, damage to the front door and damage to an associate's car," according to a spokeswoman for Service Corporation International, the company which owns the homes among its 21 Chicagoland locations operated under the Dignity Memorial brand The Teamsters, who deny they had anything to do with the incident, voted to strike On July ' and threatened to file unfair labor practice charges against the funeral home company. They claim Set has engaged in bad faith bargaining and direct dealing,while the company argues the main sticking poini has been whether the unionized workers will go to the company's health care plan,rather than the union's plan,according to the Chicago Tribune. SCI, reportedly the largest provider of mortuary products and services in North America, operates some 1,800 funeral homes throughout the country. The Houston, Tex.-based corporation maintains that any changes they have made to the union's proposed contract will not reduce employees'wages or make changes to their health care plan,the Sun-Times added. http://www.huffingtonpost.com/201 1/0 7/12/tlireater-ied-strike-postpon_n_g 9 5 7 69.html?view... 9/4/2012— Page 3 of 11 P1028 Filed under t Local; News, Syndicated Local Related tags Armando Sardina, Body Removal, Broward Sheriffs Office, BSO, Crime, Michael Bressler, Service Corporation International; Tamarac Legislative Session Coverage e i Full Legislative Session Coverage Get Answers 1. Somone needs to review what people post and discard unacceptable feeds! 2. Whv do repubes cry like little bitches ? 3. WHY DID THE MEDIA FAIL TO MENTION THAT OBAMA EXCLUDED VETERANS FROM THE VIETNAM WALL ON MEMORIAL DAY 4. From Texas has Holder spent millions going after a baseball player because kids look uy to their heros and role modles vet he is going to be held in contempt for being the worst roll modle ever ????) 5. Whv does the news media regularly refer to and scrutinize the Religious Right but rarely even use the term Religious Left? Is it possible this because media are protecting their secular progressive/humanist beliefs and goals fro Ask a Question TAMARAC (CBSMiami)— When it comes to money and death, the old saying is, "You can't take it with you." That may be true, but it doesn't give someone else the right to take it instead. Cops say that's exactly what happened when a man came to remove the body of lately-departed Michael Bressler of Tamarac. Bressler was 53 when he died of natural causes at his Tamarac home January 5th. His family wanted his body taken to Star of David funeral home which, according to police, is owned by Service Corporation International. That company sent driver Armando Sardina to remove Bressler's body and take it to the funeral home, but according to the Broward Sheriffs Office, Sardina tried to leave with more than Bressler's body. http://miami.cbslocal.com/2012/01/09/cops-driver-removed-tamarac-mans-body-and-his-ca... 9/4/201�� Page 4 of I 1 P1029 Sponsored Links VA Loan Refinance 2.375% 2013 VA Loan Guidelines J... w VeteranLoan.4dministratio... Portfolio Win GTSO Industry Experts Predicting Huge Enormous Market- Inv... wwd GTSOResources.com 0 LifeLock®Official Site Purchase Top-Rated Plan f... LifeLock Coro iadidas@ - Official Store Zt;Represent with adidas&#... E acidas=. f mWoman is 57 But Looks 27 Whittier Mom publishes sim...CansumerLaestyles.org .fin As Sardina was preparing Bressler's body for the trip to the funeral home, family members said a second worker, who was not named by police, was speaking to Bressler's brother-in-law outside the room where the body was. The brother-in-law became concerned when he saw that the door to the room had been closed, with Sardina inside, and thought the second worker was intentionally distracting him. When he opened the door, relatives told CBSMiami.com, he saw Sardina getting up in a nervous manner. Sardina then left the house for his vehicle. Family members expressed concern to a BSO deputy who was investigating the circumstances of the death. When a deputy got permission to search Sardina's van, he found $347 in cash buried between the seats. The money was apparently taken from a bank bag in the room where Bressler's body was lying. BSO said Sardina admitted the theft and apologized, but he was arrested and charged with grand theft. No action was taken in the case of the assistant. Investigators are concerned that this may not be the first time Sardina left with more than just a a body, and are asking for anyone with concerns they might have been also victimized by Sardina to come forward. L4�n'y- ErsriEc- G k HQ.r. Share this 14 View Comments http://miami.cbsiocal.com/2012/01/09/cops-driver-removed-tamarac-mans-body-and-his-ca... 9/4/20 TAB 19 .n9 Tumultuous Page 1 of 5 P1031 Atma The Leading Source for In f onnation in Funeral Service News updates for the week of July 3, 2012 Tumultuous Funerals "When the Deceased Can't Rest in Peace..." By Robert F. Granzow III,MS Introduction For most persons, funerals are meant to be a time of solemn reflection, a dignified celebration of a deceased's life. All too often, however, the decorum and sanctity of these ceremonies are irreparably marred by hostile confrontations, disruptive behaviors or even disorderly altercations erupting amongst family members, friends and those who have ostensibly gathered to pay their last respects. While these situations are relatively infrequent in comparison to the millions of funerals held each year without incident, the consequences and liabilities associated with what may be considered "tumultuous funerals" can neither be ignored nor denied.Albeit unfortunate, funeral directors can no longer assume that the historical sanctity of viewings, funerals or burials will be respected or perpetuated to the degree they once enjoyed. This observation may be further validated by a growing trend for secular, contemporary and even theme services that many times celebrate the "lifestyle"and not the life, of the deceased. A funeral director's failure to identify or act upon these or other"foreseeable" risks is all that may be required to allow the unthinkable to occur with unspeakable results. A Proactive Approach It is interesting to note that many funeral directors appreciate the risks of fire, burglary and even natural disasters, yet fail to recognize or address the threats posed by a family feud turning violent, an inebriated visitor becoming disorderly or a despised employer deriding the deceased in the presence of grieving friends and family. While many factors may contribute to "selective risk management," an absence of perceived need, coupled with the lack of a cost-effective and time-efficient solution, are two of the most common reasons for not assuming a more proactive posture. http://www.mortuarymanagement.com/Tumultuous.html 91512012 Tumultuous Page 2 of 5 P1032 Premised upon the generally accepted emergency management principles of Prevention, Detection, (- Response and Recovery, funeral directors seeking to minimize the risks and liabilities associated with tumultuous funerals may begin by establishing initiatives to "prevent" confrontations, "detect" warning signs of volatility, "respond" effectively to identified risks and "recover" from critical events should they occur. This four-part program provides funeral directors with a viable model that promotes individuality and enables flexibility in design. Step 1: Prevention Preventing tumultuous funerals necessitates both awareness and understanding, an awareness of the problem and an understanding of what is required to prevent, detect, respond to and recover from an incident, should it be realized. Specifically, prevention requires funeral directors to establish a zero- tolerance mind-set for any acts by family, friends or visitors that may be deemed raucous, confrontational, hostile or otherwise intimidating. Additional opportunities for implementing a climate of"prevention"may include: 1) the production of a mission statement that emphasizes respect, dignity and decorum; 2)assignment of adequate professional staff at all viewings, funerals and graveside services; 3)documentation and assessment of risks associated with volatility; 4) prohibition of weapons on mortuary property; 5) establishment of professional guidelines for non-traditional services; and 6)the communication of expectations for all to "enter with love, and depart in peace." Step 2: Detection Detecting tumultuous funerals before they occur, not after, is the ultimate goal of detection. While tumultuous funerals often erupt with seeming spontaneity, in actuality, these situations seldom occur without the benefit of warning signs, or what may be considered the "red flag indicators" of volatility. Specifically, red flag indicators of volatility may be categorized as being either"individual"or "situational," depending upon whether or not the basis for the indicator emanates from a particular individual or the circumstances surrounding the deceased's death. Red flag indicators of individual volatility may include unmanaged mental illness, chronic substance abuse, dysfunctional family dynamics, overt interpersonal animosities and chronic maladaptive or violent behaviors. Funeral directors should attempt to ascertain the nature and quantity of red flag volatility indicators while making funeral arrangements with client families. Funeral directors are ideally positioned to ask, "Will anyone be attending the viewing, funeral or burial who may have difficulty dealing with the death physically, mentally or emotionally?" or"Is anyone coming who has special medical needs?"or simply, "Is everyone who may wish to attend welcome?" Many times, the simplest of questions posed with an appropriate tone of concern is all that is required to learn about those with fragile health, addictive disorders, or hostile and estranged relationships. Afforded this information, funeral directors are well poised to respond to issues before calamity strikes. Unlike indicators of individual volatility that focus upon the intrinsic issues of individuals, situational indicators address that which would be considered extrinsic to the deceased's life. Specifically, indicators of situational volatility are concerned with those deaths attributable to the malicious actions or deliberate inactions of others. Red flag indicators of situational volatility may often include deaths related to gang violence, child abuse, elder neglect, hate crimes, vehicular homicide, suicide or even negligent manslaughter. Funeral directors tasked with effecting removals from residential environments, public settings or even county morgues may be ideally positioned to detect these indicators of situational volatility by virtue of their personal observations or professional conversations with police, coroners or medical examiners. http://www.mortuarymanagement.com/Tumultuous.html Tumultuous Page 3 of 5 P1033 An additional consideration in situational volatility assessment arises when those who are most unwelcome seek to attend services for the deceased. Funeral directors simply can not assume that those who are "persona non grata" will avoid a viewing, funeral or burial service even if they were the cause of, or involved in, the deceased's demise. Examples of persona non grata visitors may include: 1) an employer attending the funeral of an employee who committed suicide when they learned their job was being eliminated; 2) a man walking into the viewing of a mother and child who died from injuries sustained when the man's car errantly veered into oncoming traffic because he was intoxicated; or 3)a group of religious extremists shamelessly protesting at the funeral of an American soldier killed by a roadside bomb. For those situations where both "individual" and "situational" indicators of volatility are in evidence, funeral directors must exercise extreme vigilance in thoroughly assessing the risks and selecting the most appropriate options for safeguarding these most volatile events. While individual indicators of volatility may be encountered with any funeral, the likelihood of a tumultuous outcome rises exponentially when the deceased died from the actions or inactions of others. This concept of exponential volatility will be evinced with almost certainty in situations where death is the result of an actual or perceived injustice by those having marginalized or compromised psycho- emotional stability. In these situations, funeral directors should be alert to the fact that abject anger and rage can and will often supplant sorrow and grief with demonstrative and unpredictable volatility. Part 3: Response Responding to conditions of volatility provides funeral directors with options for mitigating both the risks and consequences of a tumultuous funeral. While prevention initiatives encourage appropriate decorum and the principles of detection provide the basis for identifying volatile issues and conditions, it is the response component that ultimately provides funeral directors with options for avoiding tumultuous viewings, funerals or graveside services. Funeral directors seeking to develop appropriate response measures may begin by simply considering: • What type of incidents could occur? • What must be done to prevent a particular event or incident from occurring? • What must be done if a particular event or incident were to occur? Funeral directors performing this scenario-based planning exercise should remember that the determination of"foreseeability"provides the basis for mitigating volatility and is premised upon what "could" occur, and not necessarily what"has" occurred. With this simple, three-part exercise complete, funeral directors may now focus their attentions on actually mitigating volatility. Options for mitigating volatility and the associated risks and liabilities of a tumultuous funeral should include, in part: • Training for all staff in emergency action procedures should a tumultuous incident erupt. • Contracting professional security or off-duty law enforcement officers to provide discreet protective services for funerals exhibiting excessive volatility. • Installing or upgrading a digital video recording system. • Enhancing current security systems to include wireless panic alarms and well-secured safe areas. • Scheduling private or multiple sessions for viewings and even funeral services to avoid catalytic confrontations between volatile individuals or groups. • Providing a private area where family and friends may retire to avoid a confrontation with those in attendance who may be less welcome. • Providing copies of any active "restraining orders"to local law enforcement in the event that a "prohibited"individual should seek to attend any service being held. • Retaining the professional services of a terminally degreed psychologist to be present during services where the risks of volatility are inarguable. http://www.mortuarymanagement.com/T.umultuous.html 9/5/2012 Tumultuous Page 4 of 5 P1034 Part 4: Recovery Recovering from a tumultuous funeral is no easy task! Many times these events result in damage to professional reputations, property and even persons. Funeral directors must consider in advance what they would do if an incident were to occur at their facility since no mortuary or funeral home is immune from the consequences of family altercations, gang violence or demonstrations by political or religious extremists. When contemplating the recovery phase, funeral directors must determine what has been adversely impacted, and what must be done to correct that which has been impacted,in order for the business to return to normal operating conditions. Several options designed to enhance recovery efforts include: • Supplementing professional liability insurance. • Developing "post incident" marketing and advertising initiatives. • Locating contractors capable of effecting repairs to damaged property on minimal notice. . • Establishing a business continuity plan for the delivery of services normally provided should the funeral home or mortuary experience an adverse event that requires repairs or remodeling. In the End... While the solemnity, dignity and decorum of funeral services are most often respected by the families, visitors and guests of the deceased, the possibility that volatile conditions might ignite must always be considered. A funeral director's ability to detect and effectively manage indicators of volatility in evidence is an essential consideration for mortuaries providing consummate professional services. For those who have experienced a tumultuous confrontation or altercation at a viewing, funeral or graveside service, it is a traumatic and often costly experience not easily forgotten; for those who have been fortunate enough to avoid a tumultuous funeral, it is a nightmare well worth avoiding! Robert F. Granzow III is a Global Security Advisor for a multinational corporation headquartered in Pennsylvania. As a former associate professor offorensic criminal justice and certified deputy coroner in the Commonwealth of Pennsylvania, Mr. Granzow holds a Graduate Certificate in Forensic Medicine from Philadelphia College of Osteopathic Medicine, an M.S. degree from St. Joseph's University, a B.S. degree from York College of Pennsylvania and an A.A. degree from Harrisburg Area Community College. He is a graduate ofthe Pennsylvania State Police Academy and is a member ofASIS International, the Association of Certified Fraud Examiners, the Northeast Pennsylvania Chiefs of Police Association and the International Association of Coroners and Medical Examiners. We welcome your comments • Click Her • To send a message Death Care Web store Funeral News ,�Iubscribe NOW Mortuaa Management 110me Page �v3 http://www.mortuarymanagement.com/Tumultuous.htm] o/;nm 1) PI 035 TAB 20 Funeral Home Firm Service Corporation International Faces Lawsuits, Complaints Page 1 of') P1036 TO Too Shallow a Hole to Bury a Baby Complaints About Handling of Remains Prompt Lawsuits By Josh White Washington Post Staff Writer Sunday, April 26, 2009 A hole began to appear in the fresh dirt over Jordan Hale's tiny grave at Mount Comfort Cemetery weeks after her burial, prompting cemetery workers to cover the site with a granite slab. Mourning the loss of her stillborn daughter in July 2007 and wondering what was happening, Nsombi Hale was informed that a grave marker she had chosen would not fit and that her baby would have to be reburied. But Hale later learned from a cemetery employee that that wasn't the real problem. Instead, Jordan's small white coffin -- called a cherub -- had been placed in a shallow grave and covered by just eight inches of soil. When Hale went to witness the disinterment, workers pulled it out in a matter of five minutes, she said. "It never crossed my mind that something questionable was going on," Nsombi Hale said, tears slowly rolling down her face. "But it was clear that the grave wasn't deep enough. They mishandled the remains of my baby, and she deserved more than that." The Alexandria cemetery is one of 12 in Virginia owned by Service Corporation International, a Houston-based funeral services conglomerate that is facing allegations of mishandling as many as 200 bodies over the past year at a central preparation facility in Falls Church. SCI owns more than 1.700 funeral homes and cemeteries across the country, making it the largest company of its kind. State regulators are investigating. A customer, contractors and several current and former employees told The Washington Post in an article this month that conditions at SCI's central facility at National Funeral Home were disrespectful and unsanitary. They said that bodies of retired military officers destined for Arlington National Cemetery were stored on a rack in the garage for weeks or months and that bodies that had not been embalmed were left in unrefrigerated areas of the facility, where they decomposed and leaked fluids. Family members of retired Army Col. Andrew Degraff have since filed lawsuits in Fairfax County against SCI. Hale also filed a lawsuit against the company last week in Fairfax, her attorney saying that she had been traumatized by watching her daughter's grave opened. "Throughout the disinterment and reinterment, the disturbing odor from the cherub permeated the air at the site, sickening [Hale], who forced herself to remain until her daughter had a proper burial," said the lawsuit, filed by attorney Jack Burgess. Virginia law and the Virginia Department of Professional and Occupational Regulation do not specify how deep graves should be, but cemetery officials in Northern Virginia said coffins are generally buried with at least 18 inches of soil above them. SCI Virginia Funeral Services, a division of SCI, said in a statement that it discovered the problem with Jordan's grave and "proactively self-reported the issue to the family and made every effort to resolve it."" o� http://www.washingtonpost.c om/wp-dyn/content/article/2009/04/25/AR2009042503 075 ... 8/28/2012 Funeral Home Firm Service Corporation International Faces Lawsuits, Complaints Page 2 of 3 P1037 "Although Virginia law does not require a minimum depth of interment, once we determined that the interment did not have 18 inches of depth from the top of the casket to the top of ground level, we alerted Ms. Hale to request her permission to disinter and re-inter Jordan P. Hale," the company said in a statement, also expressing sympathy for Hale's loss. "As part of our commitment to transparency, if we make a mistake, we are committed to doing the right thing." Hale said she now suffers from post-traumatic stress disorder and has nightmares and trouble trusting people. "I needed to be there for Jordan," Hale said, adding that the beautiful ceremony weeks earlier, with balloons and goodbyes, was dignified and special, in contrast to the shovels and backhoe that accompanied the reinterment. "I wanted to stay to make sure it was done properly." In a letter to Burgess on Feb. 14, SCI Market Director Christopher Downey apologized to Hale but said, "Mt. Comfort performed its services as requested," and noted that the cemetery provided Hale with a refund check of$2,488.75. She has not cashed it. Downey, who has management and oversight responsibilities for SCI's 13 locations in the Washington area, wrote that the initial burial was "too shallow" and that a four-inch-thick granite slab was placed over the grave after "an animal had been spotted by the gravesite." Downey also wrote that cemetery employees strongly advised Hale not to view the disinterment but "despite our warning and insistence, she demanded to be present." He offered to donate $500 to charity in Jordan's name as recompense, according to the letter. Whistleblowers who have brought the allegations about mishandling of bodies at SCI's central preparation facility have said that Downey is at the heart of problems there. Steven Napper, a former Maryland state trooper who worked as an SCI embalmer, said he went to Downey in January to raise concerns about the inappropriate storage of bodies in the garage and unsanitary conditions. Napper said Downey, whose office is at National Funeral Home, brushed him off and appeared to ignore the complaints. Napper later reported his concerns to a Virginia regulatory board and resigned in February. After the Post article appeared, SCI launched an internal investigation. "I went to Chris Downey personally in January to explain that there was not enough storage capacity at central and to discuss my concerns about the handling of the deceased," Napper said. "He knew all about it, but he did not respond." Requests to speak with Downey were referred to an SCI spokeswoman. "All of us want to know the facts behind what happened, and we're diligently conducting an investigation," said Lisa Marshall, the spokeswoman. "If we find wrongdoing, we will promptly take the necessary corrective action required." Family members of two military officers whose bodies were stored on unrefrigerated garage racks said Downey contacted them just before the first Post story ran and said that the allegations were false and were coming from a disgruntled former employee. Richard Morgan Jr., whose father, Maj. Richard Morgan, was left in his light oak coffin on the racks before his burial at Arlington in February, said Downey backed down when Morgan said he had seen http://www.washingtonpost.com/wp-dyn/content/article/2009/04/25/AP 2009042503 075 ... 8/28/2012 Funeral Home Firm Service Corporation International Faces Lawsuits, Complaints Page 3 of') P1038 photographs of the conditions in the garage. "I got a little irate, and I said, 'I've seen the pictures, and you can't dispute the pictures. These aren't just allegations,' " Morgan said. He added that Downey offered him a refund and that he recently received a check for $14,111, though he said he does not plan to cash it as he pursues legal options. Hale, who has a 9-month-old daughter named Zoe, said she is suing SCI because she wants things to change at Mount Comfort Cemetery. Burgess, her attorney, said the company already appears to have acknowledged that the burial did not go as it should have. "It was done out of laziness, it appears, and out of a desire not to dig a deep hole," he said. "I don't think it was done maliciously, but it was done fairly recklessly. Nsombi wants to make sure it doesn't happen to someone else. With big corporations, sometimes the only way to get their attention is to get into their pocketbook." _ View all comments that have been posted about this article. Sponsored Links QUAN Stock Winner Hot Industry, High-Potential Investment- Buy Shares Now! Buy LifeLock@ Protection While you travel,ensure your identity is safeguarded with Life Locke Could This Stock Triple? Why investing in water can lead to massive profits Buy a link here © 2009 The Washington Post Company 'http://www.washirigtonpost.com/wp-dyn/content/article/'2009/04/25/AR2009042503075_p... 8/28/2012 Pl 039 TAB 21 Gruesome Photos, Video Show Bodies Discarded in Woods Behind Cemetery I Fox News Page 1 of') P1040 Fox News Fox Business uReport Fox News Radio Fox News Latino Fox Nation J 1 Search Fair S Balanced Home Video Politics U.S. Opinion Entertainment SciTech Health Trave; Gruesome Photos, Video Show Bodies Discarded in Woods Behind Cemetery Published December 20, 2001 Associated Press Email Share Comments SHARE THIS ARTICLE NEWSLETTER SIGNUP Sign up for free e-mail news alerts from FoxNews.com and FoxBusiness.com. Subscribe http://www.foxnews.com/story/0,2933,41298,00.html 8/128/2012 Gruesome Photos, Video Show Bodies Discarded in Woods Behind Cemetery I Fox News Page 3 of 3 P1041 The pages show "there are several hundred people who have purchased graves, premium contracts purchased years ago, that do not have a place to be laid to rest," said co-counsel Neal Hirschfeld. Myra Stone of Lake Worth said her parents bought side-by-side graves in 1982. Her father died in 1994, but another man allegedly was buried next to him in her mother's grave. When her mother died last year, the cemetery's operators dug up the man's vault and threw most of his remains in the woods, according to a former employee. "I understand that some of his remains are still in her grave," Stone said. "I am just horrified." The lawsuit, filed Wednesday, seeks unspecified damages. "We've investigated allegations that we thought too heinous to be accurate, too horrible to be true, over the last several years," Hirschfeld said. SECTIONS SHOWS TOOLS Home America Live Happening Now Trending _ Video America News HQ Huckabee uReport Politics America's Newsroom Justice with Judge Jeanine Newsletters&Alerts U.S. Cavuto Red Eye w/Gutfeld slogs Opinion Fox News Sunday Special Report Mobile Entertainment Fox&Friends First Specials Podcasts Scitech Fox& Friends Studio 8 Radio Health Fox&Friends Weekend The Cost of Freedom Fox News Store Travel Fox News Watch The Five Apps&Downloads Lifestyle Fox Report The Journal Editorial Report World Geralcio at Large The O'Reilly Factor Sports Greta War Stories Weather Hannity This material may not be publishe NervorK LLG. Adl rights reserved.All market data delayed 20 minut<. D http://www.foxnews.com/story/0,2933,41298,00.htm1 8/28/2012 Page 2 of 6 P1042 • Latest News Local Politics Business •. Consumer • Entertainment Hea!th • CBS4Investigates National World Blogs Expand+ I _ 6 WEATHER: East Broward Under A Flood Warning Until 8:301 Details Here NE LOCAL Families Sue Cemetery Company Over Corpse Confusion July 19.2012 8:30 Pit Share this View Comments MIAMI (CBSMiami)—A cemetery mix up has a 5 4 - ,•_�,�'=, local family filing suit! That's after another woman F was found buried in their mother's pre-paid plot at the Star of David Memorial Gardens Cemetery in North Ft Lauderdale. F "I went to look at my father's gravesite,and 1 knew immediately something wasn't right,"said Connie Minsky. (CBSa) With a closer look she discovered another woman was buried in her mother's plot. Filed Under Local, News L Related Tags Brossard County Court,Crime, Lan,uit,,Nlymu Glickman, North Lauderdale.,Service a4l http://miami.ebslocal.com/2012/07/19/families-sue-cemetery-company-over-mix-ups/ 8/28/2012 Page 3 of 6 P1043 Corporation internaniprial.eta*. _ of David Mcmonal Gardena Cemetery rmd Funeral Chapel South Florida Crime a Crime Cnv.:nee t Get Answers Will DMV offices be open "When I asked how you mismatch social security numbers he said it was an on Monday oversight. I said a person dies and you are burying them in a pre-paid plot, Is bank of america open to nuriow monday 27 and its an oversight? It just didn't make any sense to me." CE kaLl3CgwI IVrnCeJtlur I°t And Minsky's cemetery mix — eptUJmtv up might not be unique to her Sponsored Links :wadhlswn, LifeLock® Official Site Si- family. Her attorney, Debi f Protect your Family's Identity.... Chalik with Chalik&Chalik, LifeLcck.com i P.A. Law Office, says it's "happening over and over GTSO Hot Investment At Forefront of Potentially again." Massively-Lucrative Movemen... w .GTSOResources.com ,y She has since filed a civil (° 1, QUAN Top Investment lawsuit against Service 1. Explores Exciting Tech Innovation, e"—' Could Mean... Corporation International, the t r - ,u.puamuminnovalors.com company that owns the Star rr of David Cemetery and the adidas®- Official Store Represent with adidas&#... Menorah Gardens Cemetery, adidas.com where some of her other clients allege similar all Woman is 57 But Looks 27 misconduct. Whittier Mom publishes sim... Con s u merLifestyles.org "We believe these plots are being sold over and over again in an effort to turn a profit,"said Chalik. Be, The http://miami.ebsiocal.com/2012/07/19/families-sue-cemetery-company-over-mix-ups/ 9/28/2012 401- Page 4 of 6 P1044 Chalik& Chalik, P.A. Law Office sent divers into a lake that neighbors the Star of David cemetery, where they found a large vault which is used to hold coffins. '`I don't think these are people with a conscience. so I wouldn't have any faith in anything they do."said Minsky. In response. Service Corporation International released this statement: We intend to conduct a thorough investigation into this claim. We have strict quality-control standards for interments at all our cemeteries, and we are confident in those procedures. We value out-relationships with our client families and invite them to contact us if the)-have any concerns about the burials of their loved ones. 'Te',• Tickets to the Hottest Shows in Las Vegas at tM1 arr` VegasTickets.com. Click Here Share this View Comments WE RECOMMEND MORE FROM AROUND THE WEB Desperate Drivers Pay The Price At NNIB Gas Billionaires Dump Stocks— 100% Chance of Global Station - Recession(Newsotw World.com) Isaac's Rain Bands Drench Broward Woman Arrested For Warning Drivers Of Speed Trap With Makeshift Sign(AOL Autos) Tropical Depression 10 Churns In Atlantic What am I paying for in the price of a gallon of Firefighters Want l on To Help"Fill The Boot" For gasoline?(ExxonMobil's Perspectives) rom A The 4 Dumbest Rules That Will Kill Your !Marathon Evades Damage From T.S. Storm Company's CulturetFast Company) Dolphins Trade Cornerback Vontae Davis To Colts Dreamliner Haunts ANA: 5 Boeing 787 Planes Grounded ICN Traveler) Bastin-'1'he:Myths Of Driving A :4lanual Transmission(Edmundsl (whars thi,l http://miami.cbsiocal.com/2012/07/19/families-sue-cemetery-company-over-mix-ups/ 8/28/201-IR43 The Raw Story I FEMA, La. outsource Katrina body count to firm implicated in body-du... Page 1 of 3 P1045 MM O w d FORUMS I ABOUT I CONTACT tips @rawstol.com .E4.a ADVERTISE FEMA, La. outsource Katrina body count to firm implicated in body- dumping scandals S11�trc :�n,t,rc Miriam Raftery h.Li-1NC!uSIVE The Federal Emergency Management Agency has hired Kenyon International to set up a mobile morgue for handling bodies in Baton Rouge, Louisiana x S.^;CJkN following Hurricane Katrina, RAW STORY has learned. Kenyon is a subsidiary of Service Corporation International (SCI),a scandal-ridden JUST Texas-based company operated by a friend of the Bush family. Recently, SCI ANNOUNCED! subsidiaries have been implicated in illegally discarding and desecrating corpses. NEW ULTa/_URUR. Louisiana governor Katherine Blanco subsequently inked a contract with the firm SOJOURN INCLUDES: after talks between FEMA and the firm broke down. Kenyon's original deal was CRoISE,EUSINESS secured by the Department of Homeland Security, ass AIR,o-lore. TOURS AND MORE 'EARE5 FROM., . In other words, FEMA and then Blanco outsourced the body count from Hurricane ,7;36299 Katrina-- which many believe the worst natural disaster in U.S. history--to a firm whose parent company is known for its "experience"at hiding and dumping bodies.�.: The Menorah Gardens cemetery chain,owned by SCI,desecrated vaults,removed hundreds of bodies from two cemeteries in Florida and dumped the gruesome remains in woods frequented by wild hogs, investigators discovered in 2001. In one case,a backhoe was used to crack open a vault, remove corpses and make room for more "' dead bodies. � ikih_ SCI paid$200 million to settle a lawsuit filed by outraged family members of the deceased. A secretary at the lawfirm that sued SCI over the Florida cemetery scandals gasped when informed that FEMA had outsourced handling of Katrina victims'bodies to an SCI subsidiary. "Oh,good lord!"she said. Peter Hartmann,general manager of the Menorah Gardens Cemetery chain, was later found dead in his car from carbon monoxide poisoning outside his parents'home in an apparent suicide. RAW STORY calls to FEMA were not returned. Waltrip,chairman of SCI, is a longtime friend of Bush's father, former President George Herbert Walker Bush.The firm's political action committee donated$45,000 to George W. Bush's 1994 gubernatorial campaign. The company also contributed more than $200,000 for construction of the George H.W. Bush presidential library. http://wWw.rawstor,y.com/news/2005/FEMA_outsoiirces_Katrina_body_count to_firm_imp... 91412012Q q4 The Raw Story FEMA; La. outsource Katrina body count to firm implicated in body-du... Page 2 of 3 P1046 "It is appalling that the Bush administration G-which has already badly bungled its response to hurricane Katrina D-would hire a company with a record of gross L mismanagement of mortuary services," said Melanie Sloan,executive director of Citizens for Responsibility and Ethics,a Washington D.C.-based watchdog group. "I can only imagine that this decision was made because of President Bush's long-time friendship with the head of SCI, Robert Waltrip." SO also owned fifteen funeral homes named as defendants in a lawsuit filed on behalf of family members alleging"macabre mishandling,abuse and desecration of bodies" by Tri-State Crematory in Georgia. The lawsuit accused SCI-owned funeral homes of sending bodies to the unlicensed, unregulated crematorium. where never- incinerated corpses were found piled outdoors and stuffed in sheds in 2000. Some vaults designed to hold one body each had 67 sets of human remains stuffed inside, investigators discovered. SCI was among the companies ordered to pay settlement fees to family members, a legal source has confirmed to RAW STORY. Kenyon bills itself as the world's leading disaster management company. It provided morgue support services following the 9/11 plane crash in Pennsylvania and the Asian tsunami. As North America's largest funeral and cemetery company,SCI operates 1,500 mortuaries and cemeteries nationwide. The company's website claims the firm is dedicated to"compassionately supporting families at difficult times, celebrating the significance of lives that have been lived, and preserving memories that transcend generations, with dignity and honor." SCI was also involved in an earlier scandal in Texas. Eliza May, former Texas Funeral Service Commission Director, filed a lawsuit accusing George W. Bush,then Governor, of obstructing an investigation into SCI license violations. May was fired following a dispute with Waltrip. Waltrip and an SCI lobbyist met with Governor Bush's chief of staff,Joe Allbaugh (Allbaugh was later appointed head of FEMA after Bush became President,but left to become a lobbyist representing Halliburton, among other corporate clients). According to Newsweek, Bush stopped by and said to Waltrip, "Hey, Bobby, are those people still messing with you?" May, a Democrat,sought to force Bush to testify in the case, but in August 1999, a Texas judge tossed out a subpoena issued by May's lawyers for Bush to give a deposition. Bush,who was not a defendant, called May's claims "frivolous"and denied knowing the circumstances of her ouster. In 1999,when Bush was gearing up to run for the presidency,Texas Governor Rick Perry approved a settlement for May. SCI paid$55,000;the state of Texas shelled out the balance without admitting wrongdoing in May's termination. Jennifer Crider,spokeswoman for House Minority Leader Nancy Pelosi(D-Calif), expressed concern over FEMA's choice of an SCI subsidiary and questioned whether the selection was made through a no-bid process. "The tragedy in the Gulf States must not be compounded by disrespecting those who have died,"Crider told RAW STORY. "It's critical that government contracts be subjected to scrutiny to ensure that there has been no fraud or abuse of taxpayer money or interest." Democrats have called for formation of an anti-fraud commission to investigate no- bid contracts awarded in relation to Hurricane Katrina, she added. http://www.rawstory.com/news/2005/FEMA_outsources_Katrina_body_count to_finn_imp... 9/4/201 2CIC The Raw Story I FEMA, La. outsource Katrina body count to firm implicated in body-du... Page 3 of 3 P1047 Whv FEMA chose to outsource mortuary services to a paid contractor is also mystery r - to Dan Buckner,co-owner of the Gowen-Smith Chapel in the Gulf area. Buckner had planned to serve with the Disaster Mortuary Operational Responses Team,which reportedly told Buckner's partner, Gary Hicks of Paducah, KY; to expect up to 40,000 deaths from Katrina in Louisiana and Mississippi. Upon learning of KenyonUs contract, Buckner expressed puzzlement. He told the Shelbyville Times-Gazette. "Volunteers would have gone at no charge." Clarification:After FEMA began working ivith Kenvon, thev were subsequently contracted by Louisiana Governor Blanco. It was Louisiana that signed a formal contract. i a� u. ESA` s K0CHi8RflTH�R �, TEITHEEPATO IGNORE THE+KOCH BROTHERSANDS, kMKE'A BOLD STEP AGAINST CORPORATE POIEUTION ; LAM�1"��1 l L0 -7272 %l„M r.�,N�, Comments(58) sBiint This Originally published on Tuesday September 13, 2005. Copyright 02004-05 Raw Story Media.Inc All rights reserved.i Site map i Privacy policy http://www.rawstory.corrt/news/2005/FEMA_outsources_Katrina body_count to_ftrm_imp... 9/4/2012L*— 1019112 Burial blunders common in poorly regulated cemetery industry,advocates say I Fox News P1048 , fI Burial blunders common in poorly regulated cemetery industry, advocates say By Joshua Rhett Mller Published WT.h n5.2012 1 fowVewsmm After Carolyn Jacobi visited her father's grave in 1995,she walked away angry and disgusted—and determined to dedicate the rest of her life to bringing dignity to the dead. The conditions at Mount Auburn Cemetery in Baltimore,where her father,James Williams,lay buried alongside other distinguished African-Americans and prornment Marylanders,were so deplorable that Jacobi couldn't even locale his headstone. But nothing prepared her for what she discovered that November day:A human skull believed to be her father's was sticking up out of the ground,loosened by Jacobi's stomps of frustration. 'I went berserk,as it could be extrecled,"she told FoxNevs.com."I lost it.That was the catalyst for rry movement." Jacobi,74,founded Eternal Justice,a watchdog of the death care industry,in the hope that she could bring accountability to a poorly regulated industry and peace of mind to those who bury loved ones. SLIDESHOW:Cemetery desecration near Chicago Seventeen years later,she said,Mount Auburn—which was added to the National Register of Historic Places in 2001 —has come a long my,but the cemetery industry as o whole has a long way to go.Across the nation,cemeteries have been sanctioned and sued for dumping the dead in mass graves,rxisidentifying remains and charging the bereaved big bucks for services never delivered. The most shocking case in recent years was in Chicago,where operators of the Bur Oak Cemetery were charged in 2009 with digging up bodies and dumping them In mass graves so they could resell their plots. Recently,Ohio Attomey General Mike De Wine filed a lawsuit in January accusing The Serenity Group,which operates Floral Hills Cemeteries in Chillecothe and Circleville,of taking advance payment for grave markers that were never produced. "Dealing with the death of a loved one is difficult,and consumers shouldn't have to worry that their cemetery won't five up to its promises,"DeWine said at the 0me. And in Linden, N.J.,the Rosehill Cemetery vas sued for$25 million in July by two New York sisters who discovered the gravesite they had been visiting for more than two decades was not their mother's plot. "It's a sin,"Mark Crawford,the sisters'attorney,told Fox News.com."They still don't know exactly what's going on" Advocates like Jacobi and Joshua Slocum,executive director of the Funeral Consumers Alliance,say horror stories such as those are all too common.They point to a lack of federal oversight,a"patchwork quiff"of regulation among states and no standardized record-keeping as key hurdles to reforming the industry. "A lack of due diligence is the cause of the bulk of these problems,as well as a lack of oversight,"Jacobi told FonNews.com."And where there is oversight,it's very superficial.Greed steps into the picture and they are interested in increasing their bottom line.it sounds cold,but it's true-" Americans spent more than$15.2 billion on funeral and cemetery expenses in 2007,including$3.3 billion on cemeteries and crematories,according to the U.S.Census Bureau's Economic Census.With 2.4 trillion Americans dying each year,that equates to big business. fowtews.com/us/2012/03/05/.../print 1/3 n/ � ` I 1019/12 Burial blunders common in poorly regulated cemetery industry,advocates say I Fox News Slocum,who has testified before Congress on the issue,most recently in 2009,said a typical burial—not including funeral home P1 049 costs or a headstone—can cost anywhere between$2,000 to$4,000. Factor in the cost of headstones,which can be as lavish as a buyer wants,and the price tag can soar,he said. ' 'II really shouldn't be that difficult for our elected officials to take this seriously,"Slocum said of the need for widespread reform. "Grieving people are a bigger constituency than they know.Failing to deal with it will only continue to ensure that this problem gets worse and worse and worse." During the 1980s and 1990s,dozens of cemeteries nationwide that had been owned and operated by local companies were bought by large conglomerates like Service Corporation International and Stewart Enterprises,Slocum said.A lack of accountability and effective oversight since then has left the industry poorly regulated,he said,adding that about haft the states in the U.S.have no comprehensive regulation. "It's amaang to me that there's no movement on this,"he said."This is a subject people do not went to talk about,period.This flies under the radar until a scandal erupts." Jacobi and Slocum are calling for action on KR.900,also known as the Bereaved Consumers Bill of Rights Act of 2011.The bill, sponsored by Rep.Bobby Rush,0.11.,would direct the Federal Trade ComrNSSion to require all cemetery,crematorium and mausoleum owners to provide clear disclosures about the products and services they sell,including items such as pre-need contracts,memorials,burial rights,grave liners and vaults. "Most certainly,there are still major regulatory gaps,"a spokesperson from Rush's office wrote FoxNews.com in an email.While funeral homes have been regulated by the Federal Trade Commission for decades,the burial business is"regulated asymmetrically;according to Rush's office. Robert Fells,executive director and general counsel of the International Cemetery,Cremation and Funeral Association,said cemeteries and funeral homes are best regulated at the state level.Citing the recent scandal at Dover Air Force Base,where service members'cremated remains were dumped in a landfill,Fells questioned the federal government's track record in the interment business. "On Mat basis would the federal government come in and regulate this industry?"Fells asked."We looked at this[bill]and its open-ended language and said we cen't support this thing." Fells said funeral homes are regulated by the FTC's Funeral Rule because the federal agency found substantial evidence of widespread abuse in that industry.But no similar finding has been made wfth regard to cemeteries,crematories,monument dealers or related businesses,he said. "If really is a solution looking for a problem,"Fells continued."They use a sledgehammer where a fly swatter will do the job." ICCFA,founded in 1887,is the only international trade association representing all segments of the death care industry. Its members include 7,500 cemeteries,funeral homes,crematories,memorial designers and related businesses woddwde. A recent U.S.Government Accountability Office survey found positive signs,yet widespread inconsistency,In the federal and state oversight of the death care industry. FTC officials continue to conduct undercover shopping at various funeral homes to lest compliance with federal laws,and of the more than 2,400 funeral homes surveyed since 1996,an overall compliance rate of 85 percent was found. Some 88 percent of state regulators reported their states had specific rules or regulations for cemeteries,up from 77 percent in 2003,the last year GAO issued a report on the matter. Jacobi,however,isn't entirely sold on those figures,saying many of the state regulatory bodies are chock full of lifelong cemetery workers,creating a"fox in the hen house"atmosphere. "Where there is oversight,it's very superficial,"she said.'And the biggest culprit?Greed,greed,greed." fomews.comlus/2012/03/05/.../print 213 A* P1050 f The Rev.Jesse Jackson lambasted the four alleged"graveyard robbers"charged with digging up graves and dismembering bodies buried at a suburban Chicago cemetery in a moneymaking scheme. The four cemetery workers are accused of.taking cash payments from unsuspecting clients for plots of land,falsifying deeds, excavating existing graves and dumping the bones and remains in the back of the cemetery, authorities said at a news conference. They would then allegedly bury the new corpses in the already-used graves at Burr Oak Cemetery in Alsip, III. Police called conditions at the historic cemetery"startling and revolting." "The human degradation is immeasurable,"Jackson told reporters. 'There should be no bail for these graveyard thieves.They deserve a special place in hell." Cook County Sheriff Tom Dart said workers at Burr Oak allegedly tampered with about 300 graves, digging them up, dumping the bodies and reselling the plots to unsuspecting members of the public. The three men and one woman were charged Thursday with one count each of dismembering a human body. Dart said the woman was the cemetery's office manager and was at the center of the operation. "This was not done in a delicate way," he told reporters. 'They would excavate the grave and the entire site and then dump the remains wherever they found a place to do it in the back of the cemetery." He says in other cases the graves were"pounded down"and another person was buried on top. Burr Oak is the final resting place of many famous African-Americans, including lynching victim Emmett Till, blues singers Willie Dixon, Dinah Washington and Otis Spann, as well as Harlem Globetrotter Inman Jackson. Hundreds of confused and angry family members are looking for answers after the arrests. Authorities in the southern Chicago suburb of Alsip were directing crowds at Burr Oak Cemetery Thursday and taking reports from families. Among the family members is 54-year-old Ralph Gunn, whose father and nephew were buried at Burr Oak but whose bodies are missing. Gunn says their headstones are gone. And he says he can't fathom why anyone would want to dig up bodies. Authorities say most of the problems are from a secluded area of the cemetery that contains older plots. Read more: http://www.foxnews.com/story/0,2933,531052,00.htmf#ixzz28g2TOlvu Sc/ /icr Corporation International Announces Settlement 0{Florida Litigation Page Of? P1 051 Llbm/ �mi ZIm=e.^/. Service Corporation International Announces Settlement of Florida Litigation aonn,0w' Texas' Dec. Z /pxw»wuoize-Cizstcazl/ -- Service Corporation International (NYSE: san) ' the world's largest funeral and cemetery company, today announced it has entered into an agreement in principle to nettle the clays action lawsuit and all individual rela-,-ed lawsuits pending against the Company involving Florida's Menorah Gardens and Funeral Chapels (Florida litigation) , with the exception of one lawsuit pending in palm Beach County, Florida styled: Sol nuzalulrk, et. al. vs. SCI Funeral Services of Florida, Inc., et. al. All claims under the Florida litigation would be dismissed following final court approval of the settlement. Commenting on the Company's Florida litigation settlement, SCI Chairman and Chief Executive Officer, R. L. Waltrip, said: "We are pleased to have this matter resolved so that we can devote more of our attention and resources to serving our client families and focusing on achieving our strategic objectives . " The terms of the proposed settlement call for the Company to make payments totaling approximately $100 million in settlement of these claims. The Company has substantial face amount of insurance coverage related to such claims, although there are various unresolved insurance coverage disputes. As of September ]O, 2003, the Company had recognized reserves of appcoximately $23 million relating to the Florida litigation. As a result of this settlement, the Company expects to recognize additional litigation related expenses of approximately $77 million on a pretax basis in the fourth quarter of 2003. Due to the unresolved insurance coverage disputes, the Company will not recognize an estimated receivable for insurance recoveries at this present time. Cautionary Statement on Forward-Looking Statements The statements in this press release that are not historical facts are forward-looking statements made in reliance on the "safe harbor" protections pzovided under the Private Securities Litigation Reform Act of 1995. These ntatemeuto may be accompanied by words such as "believe, " "estimate, " "pzoject' " "expect, " "anticipate" or "predict, " that nnovoy the uncertainty of future events or outcomes. These statements are based on assumptions that the Company believes are reasonable; however, many important factors could cause the Company's actual results in the future to differ materially from the forward-looking statements made herein and in any other documents or oral presentations made by, or on behalf of, the Company. Important factors which could cause actual results of the Company to differ materially from those in forward-looking statements include, among others, the Company's ability to couonmmate the settlement as described in the agreement in principle, the Company's ability to recover amounts under insurance policies and the outcomes of pending lawsuits against the Company involving alleged violations of securities laws an described in the Company' s previous filings with the Securities and orobauge Commission. For further information on these and other risks and uncertainties, see the Company's Securities and Exchange Commission filings, including the Company's 2002 Annual Report on Form 10-k. The Company assumes no obligation to publicly update or revise any forward-looking statements made herein or any other forward-looking statements mad* by the Company, whether as x result of new information, future events or otherwise. As of September 30, 2003, the Company and its affiliates opecated 2,236 funeral service locations, 429 cemeteries and 190 crematoria in 8 countries. For more information about Service Corporation International, please visit our hDp://vm*n/7.proovvuvvire.c0nu/cgi-bid/n+torioo.p|Y/\CC][=}04&ST(}R^/=/nnvw/story/}2-A7-... 8/78/701 Service Corporation International Announces Settlement o2 Horida Litigation Page 2 of-2 P1052 website at http://taww.sci-corp.com. For additional information contact: Investors : Debbie E. Young - Director of Investor Relations (713) 525-9088 Media: Terry Hemeyer - Managing Director / Corporate Communications (713) 525-5497 SOURCE Service Corporation International <" back to top Related links: hftp:/twww.sci-corp.com CONTACT: Investors- Debbie E. Young, Director of Investor Relations, +1-713-525-9088, or Media -Terry Hemeyer, Managing Director\Corporate Communications, +1-713-525-5497, both of Service Corporation International Technor hnorati O Blogs Discussing This News Release Issuers of news releases and not PR Newswire am solely responsible for the accuracy of the content Terms and conditions,including restrictions on redistribution,apply. Copynght 01996-2012 PR Newswire Association LLC.All Rights Reserved. A United Business Media company. http:/hvwN2.prnewswire.com/egi-bin/stories.pl?ACCT=104&STOR Y=/www/story/12-02-... 8/28/2012 Page 1 of 3 P1053 Dining Deals Autos for Sale HOME NEWS WEATHER TRAFFIC VIDEO ENTERTAINMENT LIFESTYLE SPOF BREAKING NEWS Man injured in explosion ALERT Openin Personal Training Course Enroll Now At The Only School In California Recognized B 5399 Cabo All Inclusive 6 Days/5 Nights in an Ultra Luxury Cabo Beach Resort forjust Living Trust Attorney Living Trust Wills, Power of Attorney www mulbrisson com New lawsuit, more desecration allegations against cemetery giant Service Corporation International Video Photo A A A —� 0 Posted 04/06/2012 By:Jane Musgrave, Palm Beach Post Staff Writer WEST PALM BEACH, Fla. — Roughly a decade since cemetery giant Service Corporation International paid out roughly $120 million after t r ; being accused of misplacing bodies, smashing vaults and overselling plots at its graveyards near a Palm Beach Gardens and Fort Lauderdale, it is F . ♦ facing similar allegations. h In a lawsuit filed Thursday in Palm Beach County Circuit Court, lawyers who in the past have taken on Photographer:WPTV the nation's largest funeral service firm claim that Copyright 2012 Scripps Media, Inc.All rights reserved.This operations at the Star of David cemetery in North material may not be published,broadcast,rewritten,or Lauderdale are as gruesome as those that of the redistributed. g g company in trouble with state regulators and spawned civil suits. Calling the practices "morally despicable, fraudulent, Related Links unlawful and unfair," attorneys Edward Ricci and Michael Avenatti said they are seeking more than •Cemetery settlement disappoints some $200 million on behalf of the thousands who buried •Municipal cemeteries could fill up fast loved ones or prepaid for plots at the sprawling • Lake Worth cemetery unkempt, some say Jewish cemetery near Florida's Turnpike and •Grave concerns on the Treasure Coast Commercial Boulevard . hftp://www.wptv.com/dpp/news/region_c_Paim_beach_county/west-Palm_beach/new-law... 8/28/201X;1- Page 2 of 3 P1054 .Two burglaries at cemetery in one week Information they have gathered shows that vaults if °' were crushed and corpses moved without permission from family members. In some cases, vaults, grave markers and possibly human remains were thrown in a lake on the property, said Ricci, . amenca who was among the lawyers who successfully sued the company 10 years ago for the repulsive handling of graves at its two Menorah Gardens cemeteries. FABULOUS This time,it appears it's more of the same, he said. "We have some pretty FLIGHTS solid evidence that graves were desecrated, moved and destroyed without permission," he said, referring to photos and videos the attorneys have SHOULDN'T received. "It's pretty gruesome." COSTA Officials at the Houston-based company said they don't comment on pending FORTUNE. litigation. FROM ONLY 2 A+ Avenatti is also suing the publicly traded company in California, alleging G G r similar activities at a cemetery it operates in Los Angeles. A California judge RFS p -0�APPLY- recently sanctioned the company for destroying evidence, such as throwing LOS ANGELES out broken vaults, in violation of a court order. A jury trial is set for Oct. 1. '}CANCUN In the Menorah Gardens cases, a $100 million settlement was reached in Gw,saseATTOCUN 2003. Of that, $26 million went to lawyers and $34 million was split among whistle-blowers and families who were most grievously harmed, such as those who learned that the bones of loved ones had been thrown in the woods to make room for new graves. About $40 million was to be split among the roughly 350 other families who were determined to have legitimate claims. The company reached a $14 million settlement with the Florida Attorney General's Office. SCI also announced it would spend $17 million restoring the two cemeteries. Initially, the statewide prosecutor filed criminal charges against the company. The charges were dropped when prosecutors acknowledged they couldn't t throw a corporation in jail. They settled for putting a former vice president of its J Florida operations in jail for a month. Jeffrey Frucht pleaded guilty to a misdemeanor for failing to contact authorities when he learned of the illegal r ; w activity. Prosecutors also forced the company to a out more than $4 million to advertisement P Y pay expand the state's ability to regulate the cemetery industry. It also agreed to offer free burials for the poor in Palm Beach and Broward counties for a year. Av n in contact with state regulators in connection with the problems the& ha a said the company's track record is stunning. "I know of four different cemeteries in for Affer ttp�l--a^^ces with the sane k' d.of,,��robl ms," he said. "You know what they news aay: once is chance; t� }>�nce; three tines lls a ren ef� nit know what nnet times is." Local News Autos for Sale Community Calendar Facebook Consumer Celebrity Mobile Copyright 2012 Wg%M,lVgo I1 tib?i§reserved tWPIII a§Y%ay not be published.brtsF�.§§t,,�ff�Pti Gr Uributed. Twitter Science/Technology een On 5 gy. Horoscopes YouRepo Lottery Results Sports _ Movies Traffic Making A Difference; PRINT TV Listings ' Weather WestPalmBeachLaw.TV To the Point Contests Hablando Show Commentepw http://www.wptv.com/dpp/news/region_c palm_beach_county/west palm beach/new-law... 8/28/201:5 service corporation international scandal o Your Funeral Guy Page 1 of 16 P1055 Funeral News with the Consumer in Mind lby R.Brian Burkhardt Search Search... Search Your Funeral Guy • Home • About • FunerallBook • IIn the Media! • Your Funeral GuvlFox News • Dead Facebook Societv • 2010 Your Funeral Guv in NYT • Contact • YourFuneralGuvlMSN Monev Central • Your Funeral Guy in DOW JONES NEWSWIRES • RSS Archive I service corporation international scandal RSS feed for this section Inside SCI OlHouston%ayoff and Acquire-YouffuneralGuy 23 Oct y x LG3`tl c Servive Corporation International has been trying to New Funeral properties in spite of layoffs. The World's Largest Funeral Corporation is trying to acquire new funeral assets. It has announced the acquisition of Keystone the 5th largest funeral provider in North America. At the same time the company has been cutting expenses on a large scale. One and One does not add up to three. evidence of the lay off can be found here; http./Jyourfuncralguv.wordpress.com/category/service-corporation-intemational-scandal/pa... 9/4/2011 i service corporation international scandal « Your Funeral Guy Page 2 of 16 P1056 "Yvette from big death sent me an email the other day saying, "They fired me today." I r was shocked. Big Death accused her of falsifying her hours on her time card, because she worked through too many lunches without prior authorization. With the downsizing last spring, everyone's work load was more than anyone could do in 40 hours a week I sat around the comer from Yvette and from what I can recall, she rarely left for lunch. Never mind that a manager signed off on the hours, instead of telling her to resubmit her time because she was not authorized to work the overtime. They are looking for reasons to fire people so they don't have to pay for our unemployment claims.' via neanahe.liveiournal.com There has also been extensive losses. Houston SCI has reported Last quarter Net Income was down 26%. Service Corporation International, NYSE:SCI, has a long history of solving there financial problems by acquiring new properties. unreported layoffs are consistent with the latest SCI policy of creating cash flow by lowering expenses. Service Corporation International, SCI, has also had a string of scandals in 2009. Funeral Industry) Funeral Blog by Your Funeral Guy. • Comments Leave a Comment • Categories SCI Funeral Home, sci scandal, Serrvice Corporation International Funeral Home, service corporation international scandal, Uncategorized Funeral Industry has Gone Insane-YourFuneralGuy 17 Oct Y� , 9 !" 1—i-mi ¢ 4 g , fortunate no matter haw �. y�� i •f a. bad`YZ18 BCQIIO ren,-am I �g'fi. y,.' . 'k i Sian atWay6 mek4i: �'*f - M`YF 'money swindlings- people 2se� a 5 C� k � •a � �� ai3w�`�`F. �r S„a C The Funeral Industry has gone insane with Greed. The Funeral Industry has gone insane with greed http://yourfuncralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 o[.7CJ service corporation international scandal « Your Funeral Guy Page 3 of 16 P1057 Next week the National Funeral Directors Association NFDA will probably elect a Treasurer 1 (Randall L Earl) who is a possible felon in the Illinois Funeral Directors Association Preneed Scandal. In order to put money in their coffin(coffers), they are adding allied members. Service Corporation International NYSE: SCI has had Scandals of Greed all Year. This week they announced "the Keystone purchase"where,the # I Funeral and Cemetery Provider takes over the #5 From Kathy Jackson. It seems that the industry has lost its mind to greed. Nothing good came from SCI taking over Alderwood and nothing good will come from this takeover. The biggest losers will be the public , second biggest losers will be the directors who will become SCI. The only winners are the board members who will vote yes based on money rather than SCI ability to provide a high standard of service to the new homes. How sad for everyone in the industry. Clearly no one has learned anything from the previous takeovers or the number of law suits against SCI. via www.connectin2directors.com There is also the Cemetery Greed in the Burr Oak Cemetery Scandal (Perpetua) and Eden Memorial Park Cemetery Scandal(Service Corporation International) Funeral Industry IFuneral Blog by Your Funeral GuylFuneral Director, Illinois Virginia • Comments Leave a Comment • Categories Burr Oak Cemetery Lawsuits, funeral industry bloc, funeral scandal, NFDA Executive Secretary, SCI Funeral Home, sci scandal, service corporation international eden memorial nark scandal, service corporation international cemetery scandal, service corporation international scandal A look Inside SCI Houston #1-YourFuneralGuy 15 Oct 1 Comment on theWorld's Largest Funeral's Corporation Employee Culture Here is a recent comment from a post on this blog. Interesting enough it gives a practical list of things the consumer can do to avoid the deceptions coming from Service Corporation International. Please note the commentator is calling the Corporate Culture at SCI Evil-not your funeral guy. http://yourfuneralguy.wordpress.com/categoiy/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 4 of 16 P1058 Currently I have no direct knowledge of what goes on at SCI CORPORATE Headquarters In Houston. To be fair the person commenting here lost their job. Funeral IndustryFuneral Blog by Your Funeral Guy. New comment on your post#1741 "Five Grave Scandals in 20091SCI-yourfuneralguy' Comment: I recently lost my job with the corporate office of SCI in Houston; and I will testify that the corporate culture there is evil. Ifyou are going to warn people to avoid SCI funeral homes, they need to know that these funeral homes have different names like "Smith and Sons Mortuary" because SCI buys up mom and pop businesses but leaves them with the orginal name. People looking to avoid SCI locations should avoid their brand names: Dignity Memorial (as in "Smith and Sons Mortuary, a Dignity Memorial provider"), Advantage (for the low-cost side of the funeral business) and Del Angel (which is exists in markets with large Hispanic populations, to get the corner on them). If you aren't sure which locations in your area are owned by SCI, go to DignityMemorial.com and enter your zip code. They will conveniently provide you with a list of funeral homes to avoid. • Comments 3 Comments • Categories SCI Funeral Home, sci scandal, Serrvice Corporation International Funeral Home, service corporation international cemetery scandal, service corporation international scandal S_CI(Big Death) to Buy Canadian Funeral Company 15 Oct The World's Largest Funeral Corporation Service Corporation International -is trying to expand it's power base in North America. This time it is Canada. NYSE SCI has been plagued with Financial problems(Ouarterly Reports), scandal,( MIA k4 Eden Memorial Park)and incompetence (Ted Kennedy Funeral) in 2009. SCI has proposed to buy Keystone North America for 208 Million dollars. The Toronto-based company, which operates 199 funeral homes and 15 cemeteries across the United States and Ontario, said Thursday the $8 per share offer represents a 34 per cent premium over its 20-day volume-weighted average share price. via www.eoogle.com http://vourfuneralgu y.wordpress.com/category/service-corporation-intemational-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 5 of 16 P1059 Funeral Industry IFuneral Blog by Your Funeral Guy Dignity Logo Pic on flickr under the creative commons license Jeremy Brooks' photostream • Comments Leave a Comment • Categories scandal, SCI Funeral Home, Serrvice Corporation International Funeral Home, service corporation international eden memorial park scandal; service corporation international cemetery scandal, service corporation international scandal. Uncateeorized Yet Another "SCI" World's Largest Funeral Corporation ScandallYour Funeral Guy 6 Oct Many of the Worlds Largest Funeral Corporations Scandals unreported by the press. Others are reported in the press and then forgotten. When Service Corporation Scandals make it into the National Press, the story get's national attention. Often there is no follow up in the media. Bloggers follow up only upon occasion on NYSE(SCI) stories. This time it is another case of corpse abuse. Service Corporation Dignity Logo Yet another Service Corporation International (SCI) scandal has been reported. Details are still sketchy. While the pictures were allegedly taken several years before James Patton started working at Earthman Funeral Home, this latest incident of alleged corpse abuse may have happened as recently as September 2008. Today a spokesperson with Houston-based SCI, the company that owns Earthman, says when authorities first alerted them of the disturbing allegations, Patton was immediately removed from his position and the company. via abclocaLeo.com Funeral Industryl Funeral Blog by Your Funeral Guy Dignity Logo Pic on flickr under the creative commons licenset http.//Vourfuneraiguy.wordpress.com/catcgory/scrvicc-corporation-international-scandal/pa... 9/4/2012 0L7O service corporation international scandal « Your Funeral Guy Page 6 of 16 P1060 Jeremy Brooks' photostream • Comments Leave.a Comment • Categories SCI Funeral Home, sci scandal, Serrvice Corporation International Funeral Home, service corporation international scandal Firm in New SCI suit won $38.1 Mil in Florida Case-Your Funeral Guy. 14 Se n P" 4 5 Up to 500 Graves desecrated here The law Firm in the NEW California Service Corporation International Lawsuit won a Florida Case against SCI in 2oo8. The case that they won occurred in Florida at the Menorah Gardens Cemetery. The Jury trial ended in 2008. The grave desecrations in the latest lawsuit occurred at Eden Memorial Park in Los Angeles. A COPY OF THE LATEST SCI LAWSUIT IN CALIFORNIA CAN BE VIEWED HERE The lawsuit at Eden Memorial Park at Mission Hills in California is the latest in a string of Lawsuits against Service Corporation international in 2009. Up to 5oo Grave sites were desecrated in the New SCI Scandal. Snippet from www.edenclaims.com "Less than one-year ago Eagan O'Malley & Avenatti,LLP obtained a $31.8 jury verdict, reported to be one of the largest in the country in 2008. Plaintiff is also represented by Edward M. Ricci, Esq. of Edward M. Ricci, P.A in Palm Beach County, Florida. Mr. Ricci previously successfully represented numerous individuals in connection with the Menorah Gardens cemetery scandal in Florida, where similar allegations were made against Service Corporation International." The grave robbing at Burr Oak cemetery in Chicago along With this latest Service Corporation International Scandal is a wake up call for Cemetery Reform Legislation! Up to 500 graves desecrated at Eden Memorial Park, Mission Hills California. http://vourfuneraiguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 p ` service corporation international scandal o Your Funeral Guy Page 7 of 16 P1061 Up to 300 graves desecrated at Burr Oak Cemetery Alsip, IL Funeral Industry) Funeral Blog by Your Funeral Guy. Photo from -CNN.COM • Comments Leave a Comment • Categories Burr Oak Cemetery Alsip, Burr Oak Cemetery Scandal, Burr Oak Cemetery Victims, cemetery reform levislation, cemetery scandal, eden memorial park class action lawsuit, eden memorial park lawsuit, eden Memorial Park Scandal, menorah gardens cemetery lawsuit, menorah gardens cemetery Scandal, SCI Funeral Home, sci scandal, service corporation international eden memorial nark scandal, service corporation international cemetery scandal, service comoration international scandal Senator Kennedy Funeral (Apology needed WourFuneralGuy 31 Aug http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012ow 1 . a• a { 1 t �s � fe� F rr d p� #' r �� •Y. i� P �� z ��'�I�++ "s`` �� a'�' �^`"•�' ::qq3 � Xr%1$'03 j tv �a, �'S4 =�se"`^+, ' +}� S1� lFL. �K':� .f rx� F s..,, �r'C �5' fi'ij°J•,+�� fy'. J3✓ F 5a�. — �4 �,�EA'Y� .a y r a� r 1 n� • 'G ¢ ,✓f!� es Tp -s � ' `s3p�5; +o-'4,a e �r''� trsF .ux i c •FYn� I� � x' rofi M r' f i � � �'�E!F F�'8`� 'ri 1�•„e Y 3 >-. � x' f apswi�i x -r� ♦5x. � C .� f �. vtxii s �wa All � ar�s -— '^t .S f`'"'`."%3",��`"t3��s^,�'S7 yK � s 3�t � • tr( »'.9s !Y f'.K Via �` �••}�- i i, r...'ae' '�'"'%�'�� a„ � -� {.:e`5 �' ,�?':� �- +•:.;�a'*��"�xi5� > :'?�.^lid i � e i t t • t e e i e n e : i i • t t i e 1 e e ' t 1 i ' r ' n ' t � l u ' � i t a - • • . • • • IM6 I • -. Be service corporation international scandal a Your Funeral Guy Page 9 of 16 P1063 Maybe only a Funeral Director would notice, but the Pal was not placed on the Senators Casket correctly. This caused the casket to go down the aisle to the front of the church with the Pal incorrectly on the casket. During the Funeral Service, a member of the Kennedy Family noticed that the Pal was not straight, got out of their seat and straightened the Pal. The Pal not being placed on the Casket Correctly shows disrespect for Senator Kennedy, The family, the religion of the deceased, the Catholic Church, and the congregation in the room(powerful folks eh?) Service Corporation International should apologize for the error, to those mentioned above the citizens of the United States and the world. Maybe Service Corporation International Should Give the Kennedy's a refund for the way the Funeral was handled. Funeral industry Funeral Blog by Your Funeral Guy. Towering Mission Church Picture Uploaded (Flickr Creative commons license) on June 11. 2009 by EdKonp4 • Comments Leave a Comment • Categories edward kennedy celebration of life, Edward Kennedv Funeral, Edward kennedy funeral arrangements, edward kennedy funeral mass, edward kennedy irish wake, funeral arrangement, nvse:sci, SCI Funeral Home, sci scandal, SenatorKennedv Funeral arrangements, Serrvice Comoration International Funeral Home, service corporation international scandal, Ted Kennedv, Ted Kennedy Funeral, Ted Kennedy Funeral Arrangements, Ted Kennedy Funeral Mass, vour funeral euv Lamest Funeral Corp Partners Wanother Insurance - YourfuneralGuy 18 Aug tqJ The worlds largest funeral corporation Service Corporation International(SCI) has partnered with yet another insurance company. SCI's numbers have been in almost a free fall.for Fiscal 2009 and they have joined another Insurance Company at the hip to stop the decline. Insurance Companies have been hurting dramatically due to the recession and so have the Funeral Corporations. The latest Company SCI has partnered with is United Home Life Insurance. Previously the have partnered with SLAICO and MATRIX DIRECT. http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 10 of 16 P1064 From PR Newswire: "United Home Life Insurance Company and Service Corporation International (NYSE: SCI) announce the creation of a partnership to enhance the products currently offered by United Home Life for agents. Through the partnership, independent agents can utilize the Dignity Planning(TM) tool to increase their profitability by offering clients the ability to turn their policy into a complete end-of-life plan. Dignity Planning is unlike any other end-of-life planning tool in that it was designed for financial service professionals and provides agents with real-time needs analysis and pricing, as well as inflation and aged-based life expectancy costs of specific elements rather than generic national averages. Be sure to keep control of your own life insurance policy and do not turn it over to Dignity Planning Funeral Industryl Funeral Blog by Your Funeral Guy Dignity Logo Pic on flickr under the creative commons license at Jeremy Brooks' photostream • Comments Leave a Comment • Categories Dignity Memorial Preneed, Dignity Memorial Preplanning, rep need, rep need insurance, prepaid funeral; prepay, Serrvice Corporation International Funeral Home, service corporation international scandal, Uncategorized, your funeral guy Burr Oak Cemrtery Scandal: Proposed legislation Comment - yourfuneralLruy 28 Jul mesas:. ?tx r [rat F +•i,i ii+i � 1rY'.�i4f¢. t'tt'et. C1 � htip://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 oUO3 service corporation international scandal « Your Funeral Guy Page 11 of 16 P1065 Subcommittee returns to DC to write Federal Cemetery Legislation A United States House of Representatives Subcommittee is about to propose Federal Cemetery legislation. This is in reaction to the Burr Oak Cemetery scandal. The comments here by MarsellusM710 are his opinions and not those of Your Funeral Guy. "Dear Funeral Guy and Funeral Service Colleagues, When will it all stop??? The idiotic actions and the lack of integrity of those involved with the infamous catastrophes in funeral service is simply unforgivable. Tri-State Crematory, NPS. IFDA, the organ/tissue ordeal, SCI's Cemetery problems, and God only knows how many others and now Burr Oak. What were they thinking??? And every time there is a reported wrongdoing issue in funeral service or cemetery care the consumer advocacy groups rear their ugly heads and scream for new or more regulation, When in fact there is more than likely regs on the books that already cover the violations and wrongdoings but are not enforced. Regulators need to get off their duffs and out of the office buildings and be more visible in the field. In one instance, a field auditor for the Illinois Office of the Comptroller, was doing his or her job, but the boss (Hynes)wasn't listening or didn't want to listen, and you see what that got IFDA Trust into. When regulators, local, state or federal, don't or won't do their jobs and lets take it on down to the managerial level, you can almost bet fraud, deceit and greed will raise their ugly heads. :' zs ti _ - - _._aW he deeds done at Burr Oak Cemetery has the gruesome makings for an ungodly horror movie. The Black Community,an entity of people who truly value the traditional funeral, done a dirty deed by a group within the "community" itself. Crime truly knows no color or economic background. Those involved with this will not survive prison. The Black Community will not stand for this to go "unpunished", even behind prison walls. Respectfully submitted, MarsellusM710" Funeral IndustrylFuneral Blog by Your Funeral Guy "From the Chicago Tribune" http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandalipa... 9/4/2012 OM service corporation international scandal « Your Funeral Guy Page 12 of 16 P1066 Stirred by the emotional testimony of the living victims of the Burr Oak Cemetery scandal, congressional leaders left Chicago on Monday intending to push for legislation { for federal oversight of the cemetery industry. Burr oak cemetery pie from religion disnatches.org • Comments Leave a Comment • Categories 2009, Bereaved Consumers Bill Of Rights., Burr Oak Cemetery Alsip, Burr Oak Cemetery Crime Scene, Burr Oak Cemetery Scandal, House of Representatives, IFDA LAWSUIT, IFDA Lawsuit News, IFDA Preneed Trust, ifda trust, IFSA, II Cemetery Scandal. Illinois cemetery Scandal, Illinois Funeral Directors Association, national prearranged services, nvse:sci. sci scandal, Service Corporation International, service corporation international scandal, State of Illinois, State of Illinois Comptroller. Subcommittee on Commerce, Trade and Consumer Protection, www.ifda.org Funeral Whistle Blower Fired-YourFuneralGuv 8 Jul q aET < A funeral home whistle blower who spoke to the Washington Post has been fired. A worker at National Funeral Home in VA who exposed VETERANS CORPSE ABUSE has been terminated.Service Corporation continues to build a case that its a uncaring funeral corporation. Veteran corpse abuse hurts veterans and their families. It shows disrespect from the dead and the living. All this from the World's Largest Funeral Corporation Service Corporation International, SCI, NYSE:SCI. From the Washington Post: "A National Funeral Home employee who publicly supported allegations that the company was mishandling bodies at its Falls Church facility was fired last week for speaking to the media, he and his attorney said." My Opinion: SCI does not know when to stop with it's abusive actions towards the dead, their employees and their families.The National Funeral Home Scandal goes on and on. Funeral Industryl Funeral Blog by Your Funeral Guy http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 13 of 16 P1067 f r r✓ More on SCI SCANDALS: Worlds Largest Funeral Corp-Desecrates GraveslRemains in April- yourfuneralguy SCI 6th Scandal Funeral Home and Cemetery Running a momento dump Funeral Scandals-YourFuneralGuy Wrong person in Wrong Grave at Service Corp.Cemetery-YourFuneral Guv • Comments Leave a Comment • Categories sci scandal, service corporation international scandal, your funeral euy — Older Entries Newer Entries Search Search... Search Featured Posts Cremation Costs can vary by Thousands of Dollars-Your Funeral Guy Cremation costs can vary by thousands of dollars. This is is an important factor when considering funeral costs and cremations costs. We have addressed this subject in several places before,-it is important to address this subject again. You can view a video on this with more info here. As with funeral cost, and cremation cost- [...] http://yourfuncralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4,2012 -GI' service corporation international scandal o Your Funeral Guy Page 14 of 16 P1068 • Ten Companies controlling the Funeral Industry-Your Funeral Guy Image via Wikipedia There has been an article on Ten Companies Controlling the Funeral Industry. What is interesting in the article are the Newcomers Wall Mart and Amazon .com These companies have only entered the funeral industry in the last several of years. This is an indication of traditional Funeral industry decline and the desire [...] Hillenbrand( of Batesville Casket)continue to diversify-YourFuneralGuv Hillenbrand Inc and the CEO Kenneth Camp, have acknowledged funeral industry and Casket sales decline. The company executive has decided to live with the reality that is there. People are paying less funeral cost and many are continuing to live with the reality of the funeral industry decline. Hillenbrand Inc. CEO Kenneth Camp might have [...] Funeral Industry:Top 10 Articles in 2010-Your Funeral Guv 1. TV special Shows what it is like to die If you or a loved one have thought you may die, it may be a good idea to catch the PBS frontline special"FACING DEATH". Would you go to intensive care to die? How long should someone receive treatment? Check out the video. via www.yourfuneralguy.com 2. [...J Top Three Funeral Books in 2010-YourFuneralGuv There have been three great funeral books published in 2010 that can help with Funerals and your funeral cost. These book state the principles presented in Rest in Peace: Insider Tips to the Low Cost Less Stress Funeral. The First one is A Good Goodbye by Gail Rubin a new funeral book from the USA. 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Theme: Bueno by WooThemes. Follow Follow "Your Funeral Guy" Get every new post delivered to your Inbox. Join 87 other followers Enter your email address Sign me up Powered by WordPress.com http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 ` American Politics Journal -- Funeralgate Now Involves Georgia, Too Page 1 of 1 P1071 merican Pol itics Journal TODAY PUNDIT PAP ARCHIVE STORE SUBSCRIBE LINKS POLLS.SERVICES SITE MAP "Funeralgate" Now Involves Georgia, Too Bush Family Patrons SCI Linked to Crematorium Scandal by Tamara Baker Mar. 4, 2002 -- SAINT PAUL, MINNESOTA (APJP) -- Were you wondering why, after nearly two weeks of constant media play on the nightly newscasts, the story of the malfeasance at the Georgia crematorium suddenly dropped from the national news radar? So was I. Then I found this story from the Houston Chronicle, and I began to wonder if this might be one of the reasons: SCI details relationship to crematory The Houston operator of the nation's largest funeral home chain said it sent two bodies to be cremated at the Tri-State Crematory in Georgia,one in 1998 and another in 2001. Both of those were at the specific request of the families. In addition, two dozen bodies were sent to the Noble, Ga.,facility by funeral homes that were later acquired by Service Corporation International,the company said.After the acquisition, however, no remains were sent to Tri-State.... So of the over 90-odd bodies found rotting in the Georgia countryside, over two dozen of them came from SCI-owned facilities. Hmmmm. This comes on the heels of the news of similar outrages occurring at SCI facilities in Florida. And, of course, those of us who've been following the Bush family's Texas doings know about Funeralgate there. But wait, there's more: ...Although SCI's relationship with Tri-State was limited, Pullins said his awareness of the crematory goes back more than 15 years. He said he knew something wasn't right when he toured the facility for the first time in 1985. It was very remote,very wooded and very rural, and the crematory was in a kind of shed, Pulling said. There also was no supervision, and the person in charge didn't appear to be properly trained, recalled Pulling,who toured the crematory while he was president of the Sentinel Group,a Stanford, Conn.,death care company that was later acquired by SCI. "I'm not an expert on crematoria, but I know a good one when I see it and a bad one when I see it," Pulling said... So, SCI's Pullins suspected that things weren't right way back in 1985, on his first visit to the Georgia facility -- and he STILL did business with them? Ooohhh Kaayyyyyy. There's something rotten here -- and it's not just the dearly departed. " S ere Copyright©2002,2001,2000,1999,1998,1997,1996 American Politics Journal Publications,Inc. All rights reserved.Read our rin vacy policy. Contact us. '�Underwriters Digital ` to Research ISSN No.1623-1690 http://www.americanpolities.com/20020304Baker.html 8/28/2012 I� T 'nal Disposition: The Texas Funeral Service Commission is up to its ashes in trouble aga... Page 4 of 6 P1072 news Final Disposition The Texas Funeral Service Commission is up to its ashes in trouble again BY ROBERT BRYCE.FRI.,MAY 14.2004 yJ _ A TFSC employee charged that an investigation of the Los Angeles Funeral Home in San Marcos was unfair and violated agency policies. - Photo By John Anderson No state agency has had a more troubled history than the Texas Funeral Service Commission, whose mission is to regulate the industry by means of"impartial enforcement, inspection, and education to insure that the final disposition of every citizen is conducted at the highest level of professional standards and ethical conduct." For various reasons,the TFSC has had persistent and ongoing problems pursuing that mission.And the tiny agency is—once again—in the middle of controversy. Four years ago,the commission was shaken by a major scandal involving allegedly illegal embalmings being performed by the world's biggest funeral company, Houston-based Service Corporation International.After a lengthy investigation, a TFSC committee recommended that SCI be fined$445,000 for the violations.At about the same time that the agency began pushing for payment of the fine, the funeral giant was able to get extraordinary access to, and helpful intervention from,the staff of then Gov. George W. Bush. Bush staffers, including Joe Allbaugh, held special meetings with SCI's CEO, Robert Waltrip. The executive director of the TFSC during the SCI investigation, Eliza May,was soon alleging that she was pressured by Allbaugh and other Bush staffers to halt the ongoing investigation into the company's misdeeds. She later sued the state for wrongful termination. In 2001, her lawsuit was settled when the state and SCI agreed to pay her an amount in excess of$200,000. When she was hired, May was supposed to put a new face on the already scandal-plagued agency. Her predecessor, Wayne Butterfield, left the TFSC in 1996, after he was jailed on charges of aggravated perjury and witness tampering. Butterfield's predecessor at the TFSC left the agency after being hit with charges of sexual harassment. The agency's less-than-stellar history should have convinced the TFSC's current executive director, Orville C. "Chet"Robbins, to keep a low profile and avoid controversy. But Robbins hasn't done either.And under his directorship,the TFSC is now wrestling with a new series of messy disputes. Regulating the Regulators For instance,two recently fired employees say they are going to sue the TFSC for wrongful termination. One of those employees and several funeral directors allege that the TFSC has been purposely targeting minority-owned funeral homes for enforcement actions. Of the half dozen or so funeral directors interviewed for this story, none wanted to have his or her name used,for fear of retaliation. One said, "I'm scared to go up against them because I know they won't be truthful in dealing with me."One Dallas-area undertaker told me that very few members of the Texas Funeral Directors Association can deal with Robbins and that his bluster and intransigence have completely soured the relationship between the group and the TFSC. (The association refused to comment for this story.) Meanwhile, a member of the Texas House, Rep. Miguel Wise, D-Weslaco, has vowed to make sure that the agency is euthanized and its duties turned over to the Texas Department of Licensing and Regulation. Wise hasn't stopped there. He has asked both the Travis Co. District Attorney's Office and the Texas Rangers to investigate alleged wrongdoing at the agency. Wise says he is"amazed at all that crap that's going on"at the TFSC and calls it an "agency that is out of control." Robbins dismisses the complaints against him as the work of the disgruntled former employees. "People are going to complain,"he said. As for the complaints coming from the funeral directors, "Nobody likes to be regulated. But when there's money being exchanged,there needs to be regulation." Furthermore, Robbins contends that Wise is retaliating against his agency because the TFSC did not accommodate a funeral director from Wise's district who was trying to get his license renewed, even though the license had lapsed for more than a year. (State regulations do not allow the agency to issue licenses to individuals if their licenses are not renewed within the one- year period.) http://www.austiDchronicie.com/news/2004-05-14/210893/ 8/28/2012 ` � F:nal Disposition: The Texas Funeral Service Commission is up to its ashes in trouble aga... Page 5 of 6 P1073 f dGaa State Rep. Miguel Wise says he is"amazed at all that crap that's going on"at the TFSC and calls it an"agency that is out of control." On Feb. 26, after Wise submitted a large number of open-records requests to the TFSC,the agency responded, saying that to fulfill his request would cost Wise's office$13,473—even though state law prohibits agencies from charging legislators for open-records requests. On March 17, Robbins sent a letter to all of the members of the House Licensing and Administrative Procedures Committee to complain about Wise's requests. "This exercise in futility is a tremendous waste of state resources," wrote Robbins,who also called,Wise's requests"harassment."The next day the agency sent Wise another bill, requesting another$270 for copying and research costs. Watch Your Mouth Last July, Robbins went on the offensive against a funeral industry lobbyist, Janis Carter. He wrote a letter to Carters law firm, Winstead Sechrest& Minick,as well as to the Texas Funeral Directors Association, saying that Carter had made"malicious and highly derogatory statements"about him during the just-ended legislative session. Carter would not comment for this story. Robbins'letter raised more than a few eyebrows.Agency heads may disagree with lobbyists or have feuds with lobbyists. But writing a lobbyist's employer,and doing it on agency time, on agency letterhead, is"just not done,"says one veteran lobbyist. Personnel issues have also led to conflict at the TFSC. Last fall, Robbins fired one of the agency's longest-tenured employees, Earl Monreal. Monreal had worked at the TFSC since 1997, and he took part in May's investigation of SCI. All of the funeral directors I spoke to for this story vouched for Monreal's honesty and work ethic. "He was the one person at the agency who would look at the facts and do the right thing,"was a representative comment from one of those directors. However, Robbins implies that Monreal, who was making $34,300 per year for his work as the agency's consumer affairs and compliance officer, was a scalawag. After Monreal was fired on Sept. 11, 2003, he fled for unemployment. Robbins contested Monreal's unemployment claim, and on March 22, the Texas Workforce Commission found that Monreal had used the TFSC's"telephone system and cellular telephone to make personal long-distance telephone calls"and that he had not disclosed the fad that he had a personal relationship with a woman who worked at a funeral home that he was inspecting. The workforce commission ruled that Monreal was ineligible to collect unemployment. Monreal insists that Robbins would not tell him why he was fired. He also says that none of the allegations in the workforce commission ruling are true, and that he was fired after Robbins asked him to falsify agency documents. Furthermore, he claims that Robbins and commission staff targeted minority funeral homes for enforcement, "because they didn't fight." Bolstering Monreal's claim is a sworn deposition he gave on July 25,2003, regarding charges the agency was pursuing against a minority-owned firm, Los Angeles Funeral Home in San Marcos. In that case—which was dismissed in its entirety by the State Office of Administrative Hearings on Jan. 15, 2004—Monreal said that agency personnel, including Robbins, had a "vendetta" against the owners of the funeral home. When asked if the investigation was done "according to policy and procedure,"Monreal answered, "No."When asked if the investigation was done"impartially and fairly,"again Monreal answered, "No." Seven weeks later, he was fired. On April 20, Robbins fired the agency's chief financial officer,Debbie Almasov,who says that Robbins would not give her a reason for her dismissal. She also says employees at the TFSC "made up lies"about Monreal in order to prevent him from collecting unemployment. Five weeks before she was fired, Almasov contacted Rep. Wise via e-mail. In her e-mail, she told Wise that Monreal"never cheated the agency in any way. In fact, he saved the agency money every opportunity he had." Robbins would not comment on the reasons for Almasov's firing. The chairman of the TFSC, Harry Whittington,who was appointed by Bush in 1999, says he had looked into the various allegations against the commission and Robbins, and found nothing to substantiate them.The"board feels very confident in our executive director and the pattern we are pursuing,"Whittington said. However, the board's confidence could be tested if Monreal and Almasov follow through with their threats to sue the agency for wrongful termination. http://www.austinchronicle.com/news/2004-05-14/210893/ 8/28/2012 al l :nal Disposition: The Texas Funeral Service Commission is up to its ashes in trouble aga... Page 6 of 6 P1074 Last Rites? Wise wants to keep hammering the agency, but he's running out of time—in March, he lost the District 39 Democratic primary, (` and he'll be leaving office in January. But he says that other legislators have agreed to carry legislation that will kill the TFSC once and for all, a move that almost happened during the last legislative session, when the House passed a bill that would have abolished the agency. That provision was removed when the bill went to conference committee. As for SCI, the TFSC recently agreed to settle all of the outstanding charges against the funeral conglomerate.The agency didn't get anything close to the $445.000 fine that was recommended nearly five years ago. On Jan. 23, the TFSC agreed to seek"administrative penalties totaling approximately$21,000." Robbins refused to comment on any aspect of the SCI case, referring all questions to the Texas attorney general's office, even though it was the TFSC's job to investigate and substantiate the charges against the funeral giant. The settlement with SCI closes one stormy chapter of the funeral commission's history. But another stormy chapter may be just beginning. ■ Former Chronicle reporter Robert Bryce is the author of Cronies: Oil, the Bushes, and the Rise of Texas, America's Superstate, to be published in June by Public Affairs. Tweet share http://www.austinchronicle.com/news/2004-05-14/210893/ 8/28/20120t13 IN RE: SERVICE CORPORATION INTERNATIONAL and SCI Texas Funeral Services... Page 1 of 3 P1075 FndLd- :a FOR LEGAL PROFESSIONALS Supreme Court of Texas. IN RE: SERVICE CORPORATION INTERNATIONAL and SCI Texas Funeral Services IN RE: SERVICE CORPORATION INTERNATIONAL and SCI Texas Funeral Services, Inc., Jointly d/b/a Mont Meta Memorial Gardens. No. 10-0158. — December 16, 2011 Mike A. Hatchell, Locke Lord LLP, Susan A. Kidwell, Locke Lord Bissell & Liddell LLP, Austin, Charles C. Murray, Lisa D. Powell, Atlas & Hall, L.L.P., McAllen, for Service Corporation International.J. Scott McLain, Kristin Ann Gaston, Reed, McLain & Guerrero, LLP, McAllen, Richard G. Roth, Law Offices of Richard G. Roth, South Parde Island, for Norma Linda Sandoval. Norma Sandoval and her sister, Nora Martinez,jointly filed suit against Service Corporation International (SCI) alleging fraud, deceptive trade practices, and other tort claims arising from their respective interment rights and services contracts for family burial plots at Mont Meta Memorial Park.! The parties agree the dispute was required to be arbitrated pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16. The contracts that Sandoval and Martinez signed both included arbitration clauses, albeit with different contractual methods for appointing the arbitrators. Martinez's contract allowed the court to appoint an arbitrator, while Sandoval's contract required the American Arbitration Association (AAA) to appoint the arbitrator if the parties could not reach a mutual agreement.' Due to the differing contract terms, the trial judge severed the cases and then appointed arbitrator David Calvillo for Martinez's case. Sandoval asked the court to appoint an arbitrator in her case as well. Over the objection of SCI, the trial court also appointed David Calvillo to arbitrate Sandoval's case. SCI unsuccessfully sought a writ of http://caselaw.findlaw.com/tx-supreme-court/I588799.html 9/4/20120 - i IN RE: SERVICE CORPORATION INTERNATIONAL and SCI Texas Funeral Services... Page 2 of 3 P1076 mandamus from the court of appeals. In this Court, SCI requests that we issue a writ of ' mandamus directing the trial court to vacate its order naming David Calvillo as arbitrator. The disputed issue is whether SCI allowed a lapse or mechanical breakdown in the contractual process for selection of an arbitrator, thereby validating the trial court's intervention to appoint the arbitrator. After suit was filed, SCI moved to compel arbitration. Sandoval acknowledges that at the October 5, 2009 hearing on the motion, SCI insisted on its right to seek AAA appointment of an arbitrator after the parties could not agree. Sandoval argues that SCI refused to initiate AAA procedures for appointment of an arbitrator because it claimed that Sandoval had the duty to do so. According to SCI, because the parties contracted to be governed by AAA rules, the burden of approaching the AAA rests on Sandoval, as she is the party seeking relief. Over SCI's objections, the trial court appointed Calvillo as the arbitrator from the bench on December 3, 2009. The trial court signed an order to that effect on January 11, 2010. SCI asserts that the trial court's appointment of an arbitrator interfered with the contractual rights of the parties and was not authorized by the Federal Arbitration Act. Without reaching the parties' arguments as to which party or parties have the burden of approaching the AAA to appoint an arbitrator, we agree with SCI that the trial court's appointment was an abuse of discretion from which there is no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex.2004). In a related case also decided today, In re Service Corp. International & SCI Tex. Funeral Services, Inc. d/b/a Magic Valley Memorial Gardens, we analyzed an identical arbitration provision. — S.W.3d (Tex.2011). Following the rationale in Magic Valley Memorial Gardens, we conclude the trial court abused its discretion by appointing an arbitrator instead of following the agreed-upon method of selection outlined in the contract. As a matter of law, the two-month delay in the selection of an arbitrator in this case, by itself, does not establish a lapse or failure of the parties to avail themselves of the contractual selection method. See 9 U.S.C. § 5; Magic Valley Memorial Gardens, S.W.3d (Tex.2011). Accordingly, without hearing oral argument, we conditionally grant SCI's petition for writ of mandamus and direct the trial court to vacate its prior order appointing David Calvillo as arbitrator. Tex.R.App. P. 59.1, 52.8(c). We are confident the trial court will comply, and the writ will issue only if it fails to do so. FOOTNOTES 1. SCI's briefing before this Court alternately provides its d/b/a name as "Mont Meta Memorial Gardens" and "Mont Meta Memorial Park." The certified mandamus record consistently refers to SCI's d/b/a name as "Mont Meta Memorial Park." 2. As in In re Service Corp. International & SCI Tex. Funeral Services, Inc. d/b/a Magic Valley Memorial Gardens, S.W.3d (Tex.201 1), the arbitration agreement in Sandoval's contract is governed by the Federal Arbitration Act. See 9 U.S.C. §§ 1-16. The relevant portion of the arbitration provision in Sandoval's contract provides:The arbitrator shall be selected by mutual agreement of the parties. If the parties fail to or are unable to http://casclaw.findlaw.com/tx-supreme-court/1588799.html 9/4/2012 alr IN RE: SERVICE CORPORATION INTERNATIONAL and SCI Texas Funeral Services... Page 3 of 3 P1077 agree on the selection of an appropriate arbitrator, the AAA shall select the arbitrator pursuant to its rules and procedures upon the application of one or both parties. PER CURIAM. Copyright© 2012 FindLaw, a Thomson Reuters business. All rights reserved. MIMI- a. E�ail� � .fscebook�` r ai �Lttik�eltr�F � ogts _ T _ e http://caselaw.findlaw.com/tx-supreme-court/1588799.html' 9/4/2012:0(0— Stolen Tombstones Found During Meth Raid In Loma Linda; Calif Page 1 of 1 P1078 WEIRD NEWS Stolen Tombstones Found During Meth Raid In Loma Linda, Calif. Y q li'I n m 08/17/11 03:34 PM ET Associated Press^" LOMA LINDA, Calif. — Authorities said Wednesday that narcotics investigators raiding a Southern California home during a methamphetamine bust found something odd in the backyard–two dozen granite and marble tombstones. One of the stolen grave markers was traced to the nearby Montecito Memorial Park in Colton,about 50 miles east of Los Angeles,said San Bernardino County sheriffs spokeswoman Cynthia Bachman. "Some of them may be from other cemeteries," she said. Investigators were trying to locate family members so the markers can be returned to the proper place in graveyards. The 24 tombstones scattered around the site of Tuesday's drug bust have an estimated value of$48,000,she said. Deputies said the suspects were selling methamphetamines from the residence.While in the backyard during the raid,deputies noticed tombstones weighing hundreds of pounds each. `The strange thing is, they don't have any value to these suspects," Bachman said. "They are made of stone. Sure, they have sentimental value to the families,but they are worth nothing to these people" During the raid at Loma Linda home, deputies served a search warrant and arrested a resident. John Bleuer was booked for investigation of methamphetamine possession and sales, possession of firearms and possession of stolen property. Three other residents identified in the warrant–Steve Hansen, Lisa Jackson and Louis Anchelowitz–weren't home at the time of the raid and weren't in custody on Wednesday,Bachman said.All four are expected to be charged and arraigned on Thursday. The Montecito cemetery, built in 1927, is operated by Houston-based Service Corporation International. A Montecito cemetery receptionist referred callers to the SCI press office,which didn't immediately return telephone messages. Copyright 2012 The Local Paper.All riohfs reserved this materiai may not be ubilsned broadcast.rewrillen or redistributed. http:/;,N"tiv.huffingtonpost.comi'2011!OQ/1?,/stolen-tombstones-found-during-meth-raid_n_ 9... 9/4/2012 �� Page 1 of 2 P1079 • MM- •I Click here to return to.AOL.com September 4.20 cz �- U- F F O � T M IA.IVI I Service Corporation International Sued Over Desecration Of Burial Plots At Star Gardens Posted: 04/06/2012 2:14 pm Updated:05109/2012 4:54 pm A $200 million class action lawsuit filed Thursday alleges that a North Lauderdale Jew for years. Service Corporation International (SCI)'s cemetery Star of David Memorial Gardens CE in the wrong graves, crushed burial containers, secretly dug up human remains an improperly disposed of burial effects in a lake located at the edge of the cemetery, Avenatti, LLP. "Cemeteries are supposed to provide dignity to the dead and peace to the families," human remains and dumping of burial containers with management's knowledge is simp The lawsuit claims that SCI employees were instructed to move bodies or crush up threatened with their jobs in order to secure their silence. The suit is not the first time SCI has been accused of outrageous disregard for the deac company in 2001, alleging overselling, misplacing burial plots, and digging up and : locations in Broward and Palm Beach counties. SCI settled in 2009 with a $100 million on the level of desecration. In 2009, another suit began with the same allegations against SCI's Eden Memorial Par by claims that the company has destroved evidence related to the case. The lawsuit is s' Most recently, a lawsuit filed by a Tamarac widow seeks damages from SCI after a when he came to collect her husband's body. The money was found in the worker's van. WATCH:Another cemetery under investigation: OST HIGHLIGHTS x http://www.huffingtonpost.com/2012/04/05/sci-cemetery-lawsuit_ri_1406600.html?view=pr... 9/4/2012 D,70 Page 2 of 11 P1080 . • Deals • Autos • Latest News • Local • Politics • Business • Consumer • Entertainment • Health • CBS4Investieates • National • World • Blooms Expand—f y - t'1'ft� ®� Local Cops: Driver Removed Tamarac Man's Body, And His Cash January 9,2012 3:46 PM Share this 14 View Comments w a'4 -x- Lar' a (Source: BSO) Armando Sardina, charged with stealing cash as he was removing a body from a tamarac home http://miami.cbslocal.com/2012/01/09/cops-driver-removed-tamarac-mans-body-and-his-ca... 9/4/20122 l Page lof4 P1081 � �� &�� / ovyv�v ^� �v"v~ rvxvmo, ws* ***. / ' IT DONE xo � � u»�wo�� m�cza�u*ezy F,e� shippinVanvv'y1D0,UUVi'auls iN()re Sa+ p/AccxwAuxomEocUwex, JnooCARS AV/ournseFSrxrF nc| HOU0H News B[0maR1 Palm Beach Sports Entertainment Travel Lifestyle Business HeF SCHOOLS vvsAyxEn yUemC:wso0 rm\rpiC CmmEuSAFETv FLORIDA 114ATiOwxw8nLo POLITICS ak0vw Home — Collections -~ Crime Ads ByGwg|o Lawsuit accuses cemetery com Explore Europe on all-inclusive Cruises with the French ��°�� U��"�� N company ~~^~~-^^~~~~^-~�p~~^^^~~~~~ ~~" ~~~~~~"~~"" �n^ ~~ C/u.siEurope.tmve|/K.vnr'Cm|ses remains $399 Cabo All Inclusive 6Days/5 Nights inan Ultra Luxury Cabo Beach Resort Jv|y1O20�2 � DyLindaT,i��hi�a Sun Sen�ne| forjv��$388! ' ' GetawoyDeab.cvm^Caho Auto Shipping to Hawaii When Myrna Glickman and her siblings wanted \o bury 1h' Shipping your car W Hawaii io simple. Frequent, reliable Star of David Memorial Gardens Cemetery and Funeral C service a horrible mistake. *vmwmaovo.com Dog Training-Serving O.C. "When ihoydugup the g:ovenext\onnydad someone w, Obedience & 8ehavio,opoda|in\o. Pooit�emo�nUs. ' Great prices' the shocking news she received in2008. "They said 1hey'' wm,.cmo/^adspe,/esunzom move him, and put noy mother next tnhino." AV�8G |e Economy Hawaii Movers �� »�g � Guardian Hawaii Movers 4 Less VVo Make it Simple'Get Price Nov wwwuSoiP8uardionzom Back Taxes Owed to IRS? Go Here$ Get Help w8he Back Taxes You Owe io the IRS. Call U! |KS'Tax'Settlemoo,*ncomuOweu'mS SStarTO For Businesswomen 5Starr" Responder: Official Site. Stay Protected 0n Business Trips Gma*cax.comaota/ Orange County Jail Sail Orange County Jail Bail Bonds 714-S07'847S www uaieouyzvrn Glickman, who lives in Southern California, said she iso\i| suit Tuesday inBruvvund County Court against Service CV http://artic I es.sun-sentine I.com/2012-07-1 8/news/fl-service-corporation-cemeteries-2012 0 71... 9/4/2012 < _ � _ Page 2 of 4 P1O82 Related Articles owners of Star of David and another area cemetery, Menc Ranches. Lawsuit targets Broward cemetery April 6; 2072 The suit alleges the cemeteries secretly buried human rer purchased in pre-burial plans, and dug up and moved rerr Suit alleges desecration at Jewish cemetery without using reasonable care. April 5. 2012 Native Trees In South Florida Wetland Areas Need It also alleges remains were desecrated in order to make I Protection encroached on other plots. March 29, 1987 "We just became aware of this lawsuit and so cannot corn Jewish cemetery lawsuits continuing to grow Marshall, a spokeswoman for Service Corporation Interna July 15, 2012 the Sun Sentinel for comment. Former Tamarac vice mayor Marc Sultanofs funeral The company has been sued before by dissatisfied surviv set for... graveyards, and paid multimillion-dollar settlements to fan .tune 22, 2011 On its website, the 50-year-old Texas-based company sad products and services" in North America, with a network e cemeteries. Find More Stories About "We do take all allegations very seriously, as we will this c Crime we have very good procedures in place at all of our prope might have questions to call us." Lawsuit In 2003, Service Corporation International agreed to a $1( involving Menorah Gardens in Southwest Ranches and M Beach, after it was accused of overselling plots and movir It settled for another$14 million with the Florida Attorney c A lawsuit filed in Palm Beach County Circuit Court in April case and seeks $200 million in damages from SCI and otl improperly disposed of at Star of David Memorial Garden: Memorial Gardens in North Lauderdale. In an unrelated matter this week, a former SCI employee I termination after testifying in another lawsuit. Marshall sai( litigation but that the company will defend itself in court. Ads By Google River Boat Cruises River Cruise Best Price Guarantee! Lowest Per Di( www.gct.com The suit filed on behalf of Glickman and the others seeks . and court and attorneys' fees. Plaintiffs include the Minsky family, who said in the compL grave on Father's Day at Star of David Memorial Gardens hapWarticles.sun-sentinel.com/2012-07-18/news/fl-service-corporation-cemeteries-2012071... 9/4/2012a41 Page 3 of 4 P1083 marker that indicated that a Shirley Minsky was buried the f Minsky, is still alive. Index by Keyword I Index by Date I Privacy Policy I �o! � i . =eO IWA � � Terms or service "My client said even if there is another Shirley Minsky, did Minsky?" said Debi Chalik, an attorney representing the e Please reze the greervlmed linkeo article:e.;has been applies comet. ::al,Mlnskyroisintera'ed-;,They are supposed to match documer our newsroona editors,reposers rwany other ecitonal start. stones and details at the graves. It seems to be happenim Glickman, who is Jewish, said the delayed services for he exhausting and confusing. "We needed to get my father reburied within the shortest < gather 10 men in a minyan to say prayers over my father day we had the funeral for my mother." To this day, she is not sure her father was where he was "I am assuming he was in the coffin," she said. "They didr Glickman said she has returned twice to North Lauderdale graves of her parents. "Hopefully they're resting in peace," Glickman said. Many cemeteries are licensed by the state of Florida, said Funeral, Cemetery & Consumer Services, and are suppo accurate burial records, among other rules. Anyone who v 800-323-2627. Ltrischitta @Tribune.corn, 954-356-4233 or Twitter @Lind< Ads By Google Viking River Cruises Shop/ Book Online or talk with an expert on Viking LuxuryTravelTeam.com Featured Articles rn i�a a vbYvm.w http://arLicies.sun-sentinel.com/2012-07-18/news/fl-service-corporation-cemeteries-2012071... 9/4/2012�S )L Top 10 Funeral Scandals (Year by Year)of the Last decade-YourFuneral Guy - Funerals - ... Page 1 of 5 P1084 ENTERTAINMENT STYLE LIVING ^ Siemens Hearing Devices Quality hearing aids for over 130 years. Finc � ' 11 ) O OC Personal Trainer Cert. Start Your Personal Trainer Career! 48 Wee ---yyy u Obituary Search Search All Public Obituaries. Find the Info You Need l ® Watch Full Episodes Turn Your Computer into a TV! Watch Full TV Epi PICTURES VIDEOS CELEBS MOVIES TV MUSIC LIFE MORE Funerals Main Articles more PREV NEXT » Top 10 Funeral Scandals (Year by Year)of the Last decade- YourFuneralGuy By R.Brian Burkhardt on January 3, 2010 From you rfuneraiguy.wordpress.com i I I i 5 FI u Top Ten Funeral Scandals of the past decade Revealed Here are the top ten Funeral Scandals of the Last Decade presented on a year IV by year basis. Funeral Scandals come in in three ways,:Funeral Directodprovider(NPS, IFDA) takes your money, The Funeral Director)provider does not perform agreed upon services and/or the Government and politicians get involved! No matter how it happens Funeral Scandal is not good for the funeral consumer and funeral cost! Funeral Scandal occurs in the USA daily. It is very ..cult to keap h funeral scandal news repo ed In the "52d1a. Share Tweet _!.0 J Follow http://w,w,;A,.zimbio.com/Funerals/articles/Nw8hrdzCppJ/Top+10+Funeral+Scandals+Year... 8/28/20124: D3 Top 10 Funeral Scandals (Year by Year)of the Last decade-YourFuneral Guy - Funerals - ... Page 2 of 5 P1 085 r i Service Corporation International is reported in over half of the Top ten Funeral Scandals in the Last Decade. 2000- Funeralgate George W Bush barely gets the Presidency not because of the vote counting hanging chads in Florida but because a judge Rules he does not have to testify in a Service Corporation International Embalming.Scandal 2001 Menorah Gardens Florida. the manager at one of the main desecration sites later �� committed suicide. From Wikepedia. "The Menorah Gardens cemetery chain, owned by SCI, was accused of desecrating vaults, removing three bodies from two cemeteries in Florida, and dumping the remains in woods in 2001. In one case, a cemetery superintendent took it upon himself to remove an occupied vault to make room for an adjacent burial that would not fit because the 1 st vault was buried at an angle, preventing k the burial."-via en.wikipedia.org 2002-2003 Georgia TriState Cemetery Scandal Over three hundred remains were found on the site unburied left to rot. many Americans are aware of this Scandal. IM H . ; In the 100 Million dollar National Prearranged Services Scandal The main tool was White Out! 2004 The Texas Funeral Commission Scandal Service Corporation International Again lti 2005 Katrina Body count outsourced to The Scandal Ridden Service Corporation International, SCI A 2006 Clayton Smart-Forest Hills Funeral Home 20 million preneed trust fund Scandal, C Memphis. 2007 The National Prearranged Services (NIPS) Preneed Insurance Scandal was first brought into the light. approximately 100 million dollars was stolen. The Main Tool in the Crime White Out.! Share Tweet � � Follow http://wN>w,.zimbio.com/Funcralsiarticies/Nw8hrdzCppJ/Top+l O+Funeral+Scandals+Year... 8/28/201 2L4 Top 10 Funeral Scandals (Year by Year)of the Last decade-YourFuneral Guy - Funerals - ... Page 3 of 5 P1086 e mios Funeral Directors Association Theft ana insurance vonzi zscneme was rr was first reported in February 2008 in a Springfield Newspaper. All Reports in One Place Illinois Funeral Fund Scandal This scandal spread to the National Funeral Directors Association through it's Treasurer, Randall L Earl. This was also the largest Insurance Scandal in the History of the state of Illinois. Sadly: Demaine Funeral Home in Alexandria,Va one of the SCI Funeral Homes in the Corpse Abuse Scandal Li The New reform focused IFDA President resigned in Late 2009. 2009 -The funeral scandal Year of the decade. The top funeral scandal in 2009 occured at the_Burr Oak Cemetery outside of Chicago. The company owner Perpetua essentially escaped consequence for their neglect. Over 300 Graves desecrate and 4 people in the grave robbing money scam. This Scandal deeply hurt the black community in the Chicago Area.An initial report: More than 100 graves dug up in Cemetery Horror Burr Oak Cemetery. The Eden Memorial Park Scandal was reported outside of Los Angeles. The scandal broke when a lawsuit was reported by the press. Click Here for details of the Eden Memorial Park Lawsuit Again this was a Service Corporation NYSE: SCI Cemetery National Funeral Home and Demaine Funeral home, two SCI Funeral homes were found J to be involved in Veterans Corpse abuse in early 2009. This shocked veterans and the J public.SadlylPics,Places,Logo Virginia SCI Body Desecrations Funeral IndustrylFuneral News Blog By Your Funeral GuylFuneral Director, Illinois an Virginia. j Posted in decade, funeral home scandal, funeral industry blog, funeral industry news, funeral I news, funeral scandal, funeral story, Scandal 2009, SCI Funeral Home, sci scandal, top ten I Tagged: "National Funeral Directors Association", Burr Oak Cemetery, funeral, funeral industry, funeralgate, Illinois Funeral Directors Association, Menorah Gardens, national prearranged X ; x a x I 'x x services, nps, scandal, SCI, Service Corporation International —! Related Articles: i ■ Connecting Directors, Cdsocial continue against the Funeral Consumer- ` Your=uneraiGuyblog i ■ A New form of Burial Explained-Your Funeral Guy Z11 a ConnectingDireghgFLz.corr-(4j1 anti cors mer? a dealate-�W-MeralGuv http://www.zimbio.com/Funerals/articlesNwShrdzCppJ/Top+l O+Funeral+Scandals+year... 8/28/2011;l service corporation international scandal « Your Funeral Guy Page 1 of 15 P1087. Your Funeral Guy Archive I service corporation international scandal RSS feed for this section World's Largest Funeral Corp,Wrong Body,Wrong Grave Scandal-yourfuneralguy 29Se X Official seal of Brookline,Massachusetts (http://en.wikipedia.oM wiki/File:Brookline MA seal.j2g) Sea] of Brookline Massachusetts where the scandal took place Image via Wikipedia (http://en.wiWedia.org/wiki/File:Brookhne MA seal.jpg) The World's Largest Funeral Corporation Service Corporation International, NYSE:SCI has found it self in a wrong body wrong grave scandal.Worse yet it involved a Jewish Burial.This all took place in Massachusetts. The article entitled in the Boston Herald "Funeral BigWig recuses Self on Burial Inquiry" The scandal has wide significance because the Individual Involved Kim L Perry, who is (was)the Chairperson of the Massachusetts Funeral Board. Snippet http://yourfuneralguy.wordpress.conVcategory/service-corporation-international-scandal/ 9/4/q- service corporation international scandal « Your Funeral Guy Page 2 of 15 Kim L. Perry said she is a New England manager for Houston-based Service Corporation Internati(R1088 which owns Stanetsky Memorial Chapel in Brookline. Perry has been on the board since 2005. Her five- year term expires next month. Stanetsky(memorial Chapel buried one body on Aug.26 in a grave meant for someone else, then exhumed it the next day and replaced the remains with the right body—all without ever pulling permits at the city's health department, as required by state law, or notifying authorities, according to Stan Kaplan, executive director of the Jewish Cemetery Association of Massachusetts. JCAM owns the Chevra Kadusha Cemetery in Woburn, where the burial mix-up took place.Jewish law prohibits burying a body where another has been,because the ground is then considered desecrated. SCI said it is cooperating with the state. via news.bostonherald:com (http://news.bostonherald.com/news/regional/view/20100929funera] bigwig recuses self on burial inquiry/) Funeral Industry I Funeral News I Funeral blog by Your Funeral Guy Related articles by Zemanta You: 2 bodies found in wrong plots at Arlington cemetery (http•//www washingfonl2ost com/wp dyn/content/article/2010/09/14/AR2010091404360.htm1?wprss=rss nation) (washingtonpost.com) (htt2://www.zemanta.com/) • Commentsl Comment • Categoriesfuneral scandal, Scandal 2010 SCI Cemetery, SCI Funeral Home. Service Corporation International Bloe, service corporation international cemetery scandal, service corporation international scandal, wrong body wrong grave Chicago-Skokie SCI Cemetery Flaq, Memorial Mess-Your Funeral Guy e SsrA �I' Il III � `W�Tiu 281W 4 JA htti)://yourfunera l,Ruy.wordpress.com/category/service-corporation-international-scandal/ 9/47201 service corporation international scandal « Your Funeral Guy Page 3 of 15 -- - P1089 i 1 i (http://commons.wikipedia.org/wiki/File:Skokie IL.PNG) Image via Wikipedia (http://commons.wikil2edia.org/wiki/File:Skokie IL.PNG) Service Corporation International has a created another graveside flap, this time it is not just over grave momentos but flying flags, at a war hero's grave. A new Manager came to Memorial Park Cemetery in December 2009 and has told the mother and father to take (at least one of the)flags at the site down. Skokie, Ill.-The father of a soldier from Skokie has made a deal with a cemetery that will allow him to continue to fly an American flag over his son's grave. Last week, Memorial Park in Skokie told Elie Bitton that he had to remove the ten foot flag poles that bookended the monument to his son Albert Bitton, or the cemetery would do it for him. Army Corporal Bitton was killed by a roadside bomb in 2008, and for the past two and a half years the poles have flown an American flag and an MIA/POW flag on either side of the black granite headstone. His father visits the grave three times a day, and there has never been a problem until last week when the cemetery's new manager Ron Graeff told him the flags and the flowers around the grave site would have to go because they didn't conform to the rules and regulations. Graeff had only been in charge since December 2009, so he could not say why no one told Bitton the flag poles were too tall when he put them in. The cemetery's regulations do not permit any memorials taller than four feet. "After two and a half years, you're gonna tell me what to do, the flag is down or not. He's an anti- American, it's an anti-American,because if it was really an American he would never said that," an outraged Elie Bitton told Fox Chicago News at the cemetery. via chicagopressrelease.com (http://chicagopressrelease.com/news/cemetery-agrees-to-flag-over-vets- ave) After 2.5 years and telling the family to take the graves down? The world's largest funeral corporation continued inconsistent enforcement of their cemetery policies. The Illinois Cemetery Oversight Act will not be much help this matter, although the family has contacted the Department Of Veterans Affairs. Service Corporation International, NYSE:SCI is known by some as big death and the evil funeral empire. C . o http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/ 9/4/2012 service corporation international scandal « Your Funeral Guy Page 4 of 15 This story was featured on July 28th 2010, on the Fox News Channel Americas News room. Death carP1090 Scandals at SCI Have become quite common over the past Several Years. ( Funeral industry, Funeral News, Funeral Blog by Your Funeral Guy Related articles by Zemanta Family Reaches DealOn Cemetery Flags (http://www.foxnews.com/us/2010/07/28/cemetery-allows-father -war-veteran-fly-flag_grave/) (foxnews.com) Cemetery Wants Flays Down at Soldier's Grave (http•//www foxnews com/us/2010/07/27/cemeter -ty ells- father-iraq-war-veteran-flags/) (foxnews.com) CommentsLeave a Comment CategoriesScandal 2010 SCI Cemetery, service corporation international cemetery scandal service corporation international scandal Service Corporation International Funeral Home Fined For Veterans Corpse Abuseffour Funeral Gu_y k K> �r �� , �. •" Fib +mau 181un t National Funeral Home in Falls Church Virginia has been fined for Their part in Veterans Corpse Abuse SCI Scandal of 2009. This was were veterans bodies were left to rot in the garage while waiting for burial at Arlington National Cemetery. http://yourfuneraiguy.wordpress.com/category/service-corporation-international-scandaU 9/4/2012 service corporation international scandal « Your Funeral Guy Page 5 of 15 P1091 I�, t fhttp://yourfuneralg iy.files.wordpress.com/2009/07/3017751065 3596eafc031 jpo Service Corporation International Dignity Logo Employees at the funeral home raised concerns last year that hundreds of bodies were being mishandled at the facility. A Washington Post article in April 2009 detailed allegations that bodies had been left on hazardous-materials boxes and makeshift gurneys; deceased veterans were placed on garage racks for months while awaiting burial at Arlington National Cemetery; and some bodies were left exposed and leaking fluids. via www.washingionpost.com (htU2://www washingtonl2ost com/wg- dyn/content/article/2010/06/16/AR2010061604030.html?hl2id=moreheadlines) A fine of$50,000 USD is but a swat at a mosquito for the World's Largest Funeral Corporation, NYSE:SCI, Service Corporation International. Unannounced inspections should be happening in Virginia anyway. National Funeral Home and the Virginia Board of Funeral Directors and Embalmers signed a consent order this week in which the Falls Church facility agreed to two years of probation, a$50,000 fine and six unannounced inspections each year. A two-year suspension was imposed but immediately stayed. It could take effect if the funeral home is found to have any violations in the next two years. via www.washingtonl2ost.com (httl2://www.washingtonj2ost.comLw-p-- dyn/content/article/2010/06/16/AR2010061604030.html?hid=moreheadlines) Funeral Industry I Funeral News I Funeral Blog by Your Funeral Guy • CommentsLeave a Comment • Categoriesfuneral scandal, SCI Funeral Home, sci scandal, service corporation international scandal http://yourfunera lguy.wordpress.com/category/service-corporation-international-scandal/ 9/4/2012 service corporation international scandal « Your Funeral Guy Page 6 of 15 P1092 World's Largest Funeral Corporation sweeps away Baby MomentosffourFuneralGuy The World's Largest Funeral Corporation has been caught up in a local grave scandal.This time the Company NYSE:SCI has been caught sweeping up and throwing away memorabilia, left at baby's grave in Vancover, Canada. This is a classic case of not enforcing the rules for quite some time, then all of a sudden enforcing them- Momentos at dead Baby's Graves. One would think just because dead babies are involved an exception would be in order to avoid poor publicity. NOPE not the multi million Service Corporation International Inc, SCI. Another case of The World's Largest Funeral Corporation, "Too Big too Care."And Per the normal SCI and funeral scandal News coverage is not going beyond the local media. Yolaine Dupont felt she found the perfect spot for her little girl, Ella, to spend eternity when she laid her to rest at Burnaby's Forest Lawn Memorial Park last spring. The Lullaby section, where eight-month-old Ella was buried after a heroic battle with end-stage emphysema,had soul, said Dupont. It felt peaceful and happy: :- A year later, however, and Dupont said she's considering her options following enforcement in March of Forest Lawn's rule concerning site maintenance. It's a rule, Dupont said, that's seen the gravesites in the Lullaby area stripped of mementos — such as pinwheels, figurines and stuffed animals — left there by loved ones. "I'm incredibly distraught, to be honest," said Dupont, a native of Quebec. "It is traumatic enough to lose a child. To have to deal with this at the same time is horrendous." Dupont said flowers, three miniature flags, a teddy bear and guardian-angel figurines were taken from Ella's gravesite and thrown away by Forest Lawn's staff during the cleanup. via www.thel2rovince.com (hiW://www.thel2rovince.com/travel/Forest%20Lawn%20sweel2s%20awa 20family%20mementos%20children%20graves/3061785/story.html; Funeral Industry I Funeral News I Funeral Blog by Your Funeral Guy Comments3 Comments http://yourfuneralguy.wordpress.Qom/category/service-corporation-intemational-scandal/ 9/04(/2'012 service corporation international scandal (< Your Funeral Guy PagM 0 o Categoriesservice corporation international cemetery scandal 93 service corooration international scandal Ten Funeral I Funeral News predictions for 2010 YourFuneralGuy 4 an Here are the Top Ten Funeral and Funeral News predictions for 2010. IN 1 411111 r 1 P I fl)t!P:ZZzourfunera leuv files wordoress com/2010/01/istock 000010902125xsmall io ) Ten top funeral predictions for 2010. 1Cremafion rate will rise at Faster Rate in 2010 than 2009.bringing down the average cost of a funeral. 2.Funeral home,closings mergers,and Bankruptcy's will grow. 3. The big three Service Corporation International, Stewart Enterprises Inc and Batesville Casket Company will continue to have revenue decline. 4.The Bereaved Consumer Bill of Rights Act bringing cemeteries under the funeral rule will. die in committee in the United States Congress. 5. The digitizing of all aspects of the funeral will continue including webcasting, online obituaries as well as video tributes. 6. Service Corporation International NYSE SCI will continue to Exposed in Scandal as"big death" and the often whispered about Houston "Enron Evil" i` uneral Alliances among Funeral Industry Corporations.will grow as the industry tries to stop it's decline. 8. Consumers will catch on to the New FTC Ruling and negotiate the basic service fee when purchasing Alternative Funeral Services. 1400), http://yourfuneralguy.wordpress.com/cateizorv/service-c.mmnrgtinn_i.t.rn t;, -.1 ,.,,,,-A-11 service corporation international scandal a Your Funeral Guy Page 8 of 15 9. The handling of digital assets will continue to grow as an important part of the Funeral arrangeRA094 process. /. 10. As he unemployment remains high in 2010 Mortuary School enrollment will Continue to grow. There are more funeral predictions that will be made but this will do for now. Lhttp://yourfuneralguy.flies.wordl2ress.com/2OlO/Ol/istock 000010404149xsmall jpg) Congrats You made it to 2010 into the 2nd decade of the 21st Century. It has been a rough couple of years for most everybody. Funeral Industry I Funeral News I Funeral Blog by Your Funeral Guy. • CommentsLeave a Comment • Categories2010, funeral blog, funeral industry news funeral industry predictions service corporation international cemetery scandal service corporation international scandal top ten Uncategorized,your funeral guy blog Here are the top 25 Funeral News Stories of 2009-Your Funeral Guy 28Dec (http://XourftmeralgLjy.files.wordpress.com/2009/12/l*stock 000007631380xsmall jpg)Top 25 Funeral Stories of 2009 Here are the Top 25 Funeral Stories of 2009: 1 .Walmart Selling caskets online (http•//www yourfuneralg_u cy om/your funeral guy in fox news/) ..z. When someone dies setup a Facebook Memorial (htW://www.rbrianburkhardt.co.mL?12a&e id 2617) http://yow-funeralguy.wordpress.conv'category/service-corporation-international-scandal/ 9/4012 Rancho Cucamonga Website - Mission Statement Page 1 of 1 P1095 li'Wne.da.,SepumAer�.1D12 f .. Currently:74-F ,....�:w""r Search For- Homepaae>Cny Hall Mawr a CRy Council>Mrvor,S,ai_,,win ;May°rat`icy`°°ndl - ! MISSION STATEMENT Mayor's Welcome Mission 54itement City Counai Goals I 1 The Mission Statement for the Cif of Rancho Cucan City Maya L Dennis Mi<haC i Y nga's Ci Council is as foibws: mayor pro rem Sam Soagrro� . Make decisions,and be perceived as making decisions,for the general welfare of the community. Alexan ngianber William 1, ,1 . Always work to improve existing services and develop policies to meet the enpetted as well as anticipated al=_zander needs of the community. Council Meml_r Chuck 5ogrst . Work together cooperatively to respect all persons and their ideas in order to develop and maintain the iI Counai Pkmoer Diane Wiliam[ trust of the community. f Ocher Elected Officials . Refill the community's ill and priontles by assuring that decisions accurately reflect the Apocinted Ofnaals l communitys interests by fairly translating public feedback inm public policy. RC give City Council Live and • Enhance the quality of life of all Rancho Cucamonga residents through the continued pursuit of excellence Streaming Video ! and commitment to the City's core values and goals. x . Set the vision for the community for the future. h !lilt 'i' . Have a professional,objective,and respectful relationship with each other in order to more effectively address the challenges of the future. r„u,,., 1 City of Rancho Cucamonga sia h....ered u, 1o5uf1 Civet(;°nter Drive _ ShareThir; Ran-h-1(:uchmonga,Colif,.niu 917$1 - - 'r.("m9j 477-27is0 P.(90}477-2849 AQ http://www.cityofre.us/eityhalI/counci]/mission statement/default.asp 9/5/2012 TAB 22 2qS P1097 Rancho Cucamonga (3eneral Flan c� Adopted May 19, 2010 Housing Chapter Adopted November 3, 2010 P1098 1 r 5 rr :k Chapter 1 s l. . An Introduction t® the lta cho Cucamonga General Plan R A N C H O C U C A M O N G A G E N E R A L P L A N Our City, Our Future Located at the base of the San Gabriel foothills, with majestic views of Cucamonga and Ontario Peaks, Ranch o_Cucamonoais like no mu ._other comnity-,in the Inland Empire. Rancho Cucamonga has a strength of spirit and a cohesive vision shared by residents, businesses, and City leaders. This community spirit and our vision for a city that will continue to evolve and set examples for others to emulate is evident in our neighborhoods, our parks, our commercial and Business centers, and in the ways we celebrate our heritage. This General Plan captures that spirit and establishes the- policies and strategies we will pursue to keep Rancho Cucamonga a complete city, a great city in which to live, work, and play. For more about the City's history, please see the Rancho Cucamonga's spirit of heritage stems from its history as a collection of three Historic Resources section small communities: Cucamonga, Alta Loma, and Etiwanda. The area thrived on the under Chapter 2: Managing agricultural fruits of citrus and grapes. This history is celebrated today through public Land Use,Community art, evocative architecture, and well-preserved historic places. Historic Route 66 Design,and Historic (Foothill Boulevard) traces across town, contributing to the nostalgia of the well- Resources, known and romanticized highway that still resonates with residents today. An Introduction to the Rancho Cucamonga General Plan RANCHO CUCAMONGA. GENERAL PLAN I1 P1099 Rancho Cucamonga has a spirit of innovation and enterprise, reflected by the City's commercial, industrial, and service providers. Neighborhood shopping centers meet local needs, while community centers serve regional needs. Victoria Gardens, an award-winning lifestyle center with a local and regional draw, boasts walkable retail streets, public spaces surrounded by outdoor dining, a full-service library, and a cultural center that hosts live performances. Industrial and business uses provide diversified employment opportunities, including logisticstwarehousing, manufacturing, and professional offices, and utilize innovative and sustainable methods to provide needed services to the community. To maintain this high quality of life on a sustainable level into the future, the City always looks ahead and establishes a path that guides us along the way. This path is called the General Plan. Role of the General Plan The Rancho Cucamonga General Plan documents our shared vision of tomorrow and defines the steps to progress from the present to the future. The General Plan is a long-range policy document (with a projected horizon of 15 to 20 years), frequently referred to as the guidebook or"blueprint" for our City's development. This blueprint directs the look, the feel, and the experience of our City now and in the future. The General Plan The General Plan is the foundation for many of the City's regulatory documents, Chapters including the Development Code, redevelopment plans, specific plans, community plans, master plans, and design guidelines. The way we evaluate proposed The Rancho Cucamonga, developments and plan for future public services and community projects is guided General Plan is'divided into by the General Plan. The Plan defines how we will maintain economic sustainability, nine Chapters:`," meet our transportation and mobility needs, protect our limited natural and historical • Introduction46 the resources, and enhance our cultural assets. The Plan looks at all aspects of our built Rancho Cucamonga environment and natural resources, with the overarching goal of maintaining and General Plan'' enhancing the health of Rancho Cucamonga and our residents. This comprehensive approach is the foundation for Rancho Cucamonga's "Healthy RC" program which Communtty�Design, • Mamaging Land Use approach promotes a healthy community lifestyle(discussed in more detail below). .: �a �.: Historic Resources,.,. . - Every jurisdiction in California is required by State law to have a General Plan that • Community'Mobility covers at least seven topics: Land Use, Circulation/Transportation, Housing, Conservation, Open Space, Noise, and Safety. Cities may include optional chapters • Economic Development that address issues of local importance. ,'Community Services " Since its incorporation in 1977, Rancho Cucamonga has revisited its General Plan on Resource Conservation a consistent basis to measure progress toward goals and respond to changes in • Public Facilities State law. The 2001 comprehensive General Plan update responded to the maturing Iri blic;Fcturee' nature of the City, recognizing that much of the City is fully developed or committed to development through large-scale master plans. Consequently, the focus shifted to Public Health and Safety infill development (development of remaining vacant properties within developed • Housing business districts and residential neighborhoods). .With the emergence of new regional transportation plans in the mid-2000s and the State's mandate that cities consider global warming issues in their long-range plans, combined with the City's growing interest in creating opportunities for improved community health through land use, circulation, and related planning approaches, Rancho Cucamonga initiated a broad-based program to expand the scope of the Plan. The 2010 General Plan update takes a new approach to city-building through a commitment to the integration of systems (transportation, infrastructure, and land use), collaboration of efforts (residents, businesses, and City leaders), and full-circle comprehensiveness (property, block, neighborhood, and community levels). For Rancho Cucamonga, An Introduction to the Rancho Cucamonga General Plan 1-2 RANCHO . CUCAMONGA GE N ERAL PLAN Rancho Cucamonga Website - General Plan Page 1 of 2 P1100 Fev> a R 11 ew«nn-c 2012 i Currentl}^8TF 0 SeasL Pac.. x. Homepage>City Hall>Planning>General Plan �V A planning ---- General Plan About Us GeI Plan Cevelopment Corte Uldem Planning Commission What IS the City's General Plan? Cunent?rujsar Devekpmer Every jurisdiction in California is required by State law to have a General Plan that covers at least seven topics: ---------------- Land Use,Circulation/Transportation, Housing, Conservation,Open Space and Safety. Cities may include Fonts and Applicadons_ optional elements that address issues of local importance. Develocmenf Code -- - --"'--------- The City Council, Planning Commission, and City staff must refer regularly to the General Plan for guidance in Handouts -- making development decisions or recommendabons. The City's General Plan also contains strong community Uniform, Sign Programs design principles that have been applied to projects since the City's incorporation, which are visible in the high Bock Grants(CDBG) quality of site development.architecture and landscaping throughout Rancho Cucamonga today. Historic Preservation Program — Role of the General Plan Trails Maps` The Rancho Cucamonga General Plan documents our shared vision of tomorrow, and defines the steps to Helpful Resources progress from the present to the future.As a long-range policy document (with a projected horizon of 15 to 20 years),frequently referred to as the guidebook or'blueprint"for our City's development,the General Plan directs Glossary the look,the feel,and the experience of our City row,and in the future. Planning FAQs The General Plan is the foundation for many of the City's regulatory documents,including the Development Code, RCiOPS redevelopment plans,specific plans,community plans,master plans,and design guidelines.The way we evaluate ®® proposed developments and plan for future public services and community projects is guided by the General Plan, The Plan defines how we will maintain economic sustainability,meet our transportation and mobility needs,protect of our limited rxaturai and historical resources,and enhance our cultural assets.The Plan is comprehensive and looks at all aspects of our built environment and natural resources,with the overarching goal of maintaining and enhar cirg the health of Rancho Cucamonga and our residents. Since its incorporation in 1977, Rancho Cucamonga has revisited its General Plan on a consistent basis to measure progress toward goals and respond to changes in Slate law. The 2001 comprehensive General Plan update responded to the maturing nature of the City, recognizing that much of the City is fully developed or committed to development through large-scale master plans. With the 2010 General Plan update, the focus shifted to inrdl development (development of remaining vacant properties within developed business districts and residential neighborhoods).With the emergence of new regional transportation plans in the mid-2000s and the State's mandates that dues consider global warming issues in their long-range plans,combined with the City's growing interest in creating opportunities for improved community health through land use, circulation, and related planning approaches, Rancho Cucamonga initiated a broad-based program to expand the scope of the Plan. The General Plan takes a new approach to city-building that commits itself to the integration of systems (transportation,infrastructure,and land use),collaboration of efforts(residents,businesses,and City leaders),and full-circle comprehensiveness (property, block, neighborhood, and community levels). For Rancho Cucamonga, planning is action.It is not merely an exercise to meet State laws but a proactive way of realizing the City we strive to be. From Vision to Reality On May 19,2010.the City Council adopted the Rancho Cucamonga ®- General Plan and certified the Environmernal Impact Report The General Plan provides the policy guidance to create our shared future in Rancho Cucamonga: to transform our principles of community building that we hold strong,and turn them into a living reality.The Plan will enhance the quality of life for current and future generations,and strives for a comprehensive approach to nurtunng s our minds.bodies,and our earth. The General Plan relies upon the Implementation Plan to provide -" the specific guidance that will lead to implementation of the goals and policies fisted throughout the document. Through the Implementation Plan and the continued involvement of an engaged community, we will take our vision of the Rancho Cucamonga of the future,and turn it into a reality. For more information regarding the General Plan,contact the Planning Deparment at(909)477-2750 or check out the links below: http://www.cityofrc.us/cityhall/planning/genplan.asp 9/12/2012a P1101 Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report i Responsibility, along with the San Diego Association of Governments and the Santa Barbara CountylCities Area Planning Council, for preparing the Southern California Hazardous Waste Management Plan pursuant to the Califomia Health and Safety Code. SCAG has developed four regional plans for the Southern California region: the Compass Blueprint, the Regional Comprehensive Plan, the Regional Housing Needs Assessment, and the Regional Transportation Plan. All address growth and development in the six counties and 38,000 square miles that comprise the Southern California region (except for San Diego County). These plans were developed to provide a unified effort in addressing the needs, opportunities, resources, and issues that face the region. Compass Blueprint SCAG's Compass Blueprint program considers future growth in the region in response to the land use and transportation challenges facing Southern California. The program developed a regional vision that defines the desired future scenario for Southern California. The program's Growth Vision is driven by the need to: • Improve Mobility for all residents; • Foster Livability in all communities; • Enable Prosperity for all people; and Promote Sustainability for future generations. The program takes the following into consideration for additional growth and includes the changing trends in these issues: population diversity; housing; jobs; transportation; land; and pollution, including. Research, surveys and workshops were conducted throughout the region, coupled with extensive land use and transportation modeling of the future scenario, to identify implementation tools that would help achieve the Growth Vision. In developing the Growth Vision for the Compass Blueprint program, SCAG's population, housing and employment forecasts show that the County of San Bernardino would have an estimated 3.13 million residents, approximately 972,561 households, and 1.25 million jobs by the year 2035, while the City of Rancho Cucamonga is projected to be occupied by 172,420 residents, with 55,181 households and 97,874 jobs by 2035. SCAG proposes to achieve the principles of Mobility, Livability, Prosperity, and Sustainability by: • Focusing growth in existing and emerging centers and along major transportation corridors, • Creating significant areas of mixed-use development and walkable communities, • Targeting growth around existing and planned transit stations, and • Preserving existing open space and stable residential areas. Regional Comprehensive Plan SCAG's Regional Comprehensive Plan (RCP) provides a policy framework for regional planning in Southern California. The RCP calls for city and county involvement and coordination in awR,pdswog��70ROnWwno goodu 211 io.d= 4.142 Land Use and Planning .306 P1 102 Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report f addressing regional issues related to growth management and development. It serves as an advisory document for preparing local plans and handling issues of regional significance, such as land use and housing, open space and biological habitats, water, energy, air quality, solid waste, transportation, security and emergency preparedness, economy, and education. The RCP promotes an integrated approach between SCAG, State and local governments, transportation commissions, resources agencies and conservation groups, the private sector, and the general public. The RCP embodies the principles of the Compass Blueprint program and addresses regional issues through its adopted goals, outcomes, and an action plan of constrained policies and strategic initiatives that can be implemented by the different cooperating agencies and entities. The Regional Housing Needs Assessment is discussed in Section 4.13, Population and Housing, and the Regional Transportation Plan is discussed in Section 4.16, Transportation and Traffic, of this EIR. Local Rancho Cucamonga General Plan California law requires every city to adopt a comprehensive, long-range plan for its physical development. The Rancho Cucamonga General Plan was last updated in 2001. The current General Plan meets the mandates of -the California Government Code and includes the following chapters: • Chapter 1, Shaping the Future of Rancho Cucamonga: This is the introduction to the General Plan. • Chapter ll, The Rancho Cucamonga Vision: This chapter expresses the City's vision for its future, which is anchored on the following values: o Keeping the Family at the Center, o Enhancing a Sense of Community, o Sustaining a Memorable Place, • Cherishing Our Legacy, • Designing Quality into Our Environment, • Being Involved in Our Community, • Maintaining a Strong Economy, • Operating the City Responsibly, • Shaping Our Surroundings, • Celebrating Community. • Chapter 111, Developing the Community:This chapter addresses issues related to land use, transportation, housing, public facilities and services, community design, and economic development. This chapter includes the Land Use Plan for the City, which identifies the types, extent, locations, intensities, and distribution of planned land uses. Exhibit 4.10-1, 2001 General Plan Land Use Map, shows the current Land Use Plan and Table 4.10-1 provides the area breakdown for each land use designation. R%Projeds\HOgIel100MMDrefiW.10 Lend Use,021110.doc 4.10-3 Land Use and Planning P1103 planning is action. It is not merely an exercise to meet State laws, but a proactive ( way of realizing the City we strive to be. Healthy RI: Mind, Wady, and Earth The City recognizes the positive impacts that an individual's health can have on a person's overall life and lifestyle. The City also recognizes that community-wide efforts to increase health and well-being can multiply those impacts in terms of increased productivity, reduced healthcare costs, and enhanced community interaction and engagement, which also makes Healthy Mind, Body, and Earth valuable assets for businesses located within the City's borders. In response, the City launched "Healthy RC." Healthy RC is a brand and a lifestyle that promotes a positive physical, social, and economic environment for all people who live, work, and play in Rancho Cucamonga. The Healthy RC Vision Statement is: "Healthy RC inspires a lifestyle that embraces a Healthy Mind, Body, and Earth, through lifelong learning and enrichment, active and healthy living, and environmental sustainability." The General Plan focuses on goals and policies that incorporate Healthy RC through three interrelated and integrated themes: a Healthy Mind, a Healthy Body, and a Healthy Earth. Each General Plan Chapter has components that respond to each theme. Table 1-1 identifies the Chapters that have a significant relationship with each theme. ¢able 1 enerala? n Chap s'ihRVIXefe nce H L t�^N!r-.m��+�,�c.,°S -.s.•.r a�nns+x+w^sr vr^ciacv�� R Managing Land Use COmmunrty Design+and 3 fF affirn JO...r;._r_ Economic Development ** ' �� p 2ommum Services OR .� Resource Conservation Public FacrlAres and InfrasUU6tun:i Public;Heatlhand.5afety�a+.` 'Y.�t# " � .�,�® : 0 ®: b.$esr�xarw^n .4t s.-.�sw � wr. ..,ecm•.*X s4.xti..".#' �. 4r !''?r4 . �-.r 34 Mind A Healthy Mind is stimulated by its environment making knowledge and learning accessible to all. The General Plan focuses on creating a healthy mind as reflected in the goals and polices by strengthening the City's commitment to life-long education, awareness of social issues, thoughtful future planning, preservation of City history, and by encouraging an abundance of culture and art experiences. An Introduction to the Rancho Cucamonga General Plan RANCH 0 C U C A M O N G A G E N E R A L P L A N 1-3 -3D P1104 Mi r; P w _ a � ' " ✓e"i ar rf"�• ��y,,�s r ' "�`r�>:^vnh�ni .. .'.4N`nLSGa...�..-,...�_ J_ Chapter 20 ., aria in Land �Jse 9 ®mrnunity esin, and LJL istoric Resources R A N C H O C U C A M O N G A G E N E R A L P L A N Introduction Chapter2•, - Rancho Cucamonga enjoys a wealth of high-quality resources. Through the City's ;INanagmg Lan d Use, strategic development efforts to provide a sustainable balance of residential, Comminftkbesign,and ': commercial, industrial, and recreational uses, the City has grown and prospered y�, t -- Resources Land use planning ensures that these land uses are located in proximity to each other to achieve economic efficiencies while minimizing incompatibilities. Following This Chapter.consists of the the boom period of the early 2000s that resulted in an 87 percent build-out of the following sections: City, a dramatic slowdown in development occurred. As Rancho Cucamonga LandUse' achieves a degree of maturity, the primary challenge for land use planning will be to determine the best use for remaining infill properties. A second challenge will be to •, Community Design guide re-use of aging commercial properties for long-term community and property Historic Resources owner benefit. Managing Land Use, Community Design, and Historic Resources RANCHO CUCAMO NGA GE N ERAL FLAN LU-1 3013 P1105 Community design is integral to balancing aesthetic qualities and functionality for the many different land uses, which are required of a complete community. Such balance is necessary to maintain and enhance a community that is highly enjoyable for living, working, and recreation. In Rancho Cucamonga, a strong emphasis on community design has allowed the City to achieve a particular identity, incorporating the history and character qualifies of the three communities that preceded it: Alta Loma, Cucamonga, and Etiwanda. Preservation of historic resources has allowed Rancho Cucamonga to retain its rich culture and heritage while facing growing and expanding development. The City is committed to preserving and developing aspects of the community that provide a sense of its origin and history. This Chapter focuses on land use, community design, and historic resources, and how they help shape the physical features of Rancho Cucamonga. Achieving Our Visi®n Rancho Cucamonga's stable residential neighborhoods, diverse commercial and industrial development, extensive parks and recreational facilities, and high-quality community amenities can be attributed to the City's long-standing commitment to land use planning and urban design. The City of Rancho Cucamonga's vision for land use, community design, and historic resources is reflected in the following Spirit of Rancho Cucamonga Guiding Principles: The Spirit of Family • Rancho Cucamonga is a people-first community with a focus on families. We strive to create an environment that leads to stable and healthy families. • We continue to develop and maintain a system of high-quality, world-class community parks and sports complexes that appeal to all ages and all interests, from local and regional leagues to national events. • We encourage the retention, rehabilitation, and development of a diverse housing stock that caters to residents in all stages of their lives. The Spirit of Innovation and Enterprise • We maximize the industrial economic development power of our rail and highway connections. The Foothill Boulevard, State Route 210, and 1-15 corridors are the core of our commercial development and provide both jobs for our families and revenues for our community services. Our economic base maintains a mix of cultural, residential, industrial, and local and regional commercial uses with stable development. • As we mature as a City, infill development will maintain our high standards and will complement existing development. The Spirit of Heritage • We have an abiding respect for the heritage we share. Our historic communities—Alta Loma, Cucamonga, and Etiwanda—are at the heart of our City and must be preserved, honored, and enhanced. We encourage the preservation and restoration of historical buildings and cultural resources to recognize the contributions of our forefathers. Managing land Use, Community Design, and Historic Resources LU-2 RANCHO C U C A M 0 N G A GENERAL PLAN t,, P1106 Land Use In Rancho Cucamonga, vacant land has become a scarce resource. Land use decisions must be carefully crafted to protect established residential neighborhoods and plan for appropriate infill development while connecting land uses and transportation modes. These key objectives provide the framework for the City's land use strategies. Land use is a term that describes different types of activities that occur in a particular area. For example, some areas in Rancho Cucamonga contain homes while other areas contain stores, warehouses, parks, or schools. In some places, like Victoria Gardens, a mixture of uses creates an active and vital commercial and cultural center. This Land Use section describes the general location, type, and intensity of development throughout Rancho Cucamonga. The maps, graphics, and text in this section also define the distribution, intensity, and preferred form of land uses within residential neighborhoods, along key corridors, and on specific sites. The Land Use Policy Map (Figure LU-1) presents a pictorial representation of land use policy. Cumulatively, these policies will shape future development to maintain and enhance all areas of Rancho Cucamonga. Planning Context ZEY The pattern of development within Rancho Cucamonga is characterized by essentially a north/south split roughly along Foothill Boulevard. The northern two- thirds of the City are predominately residential, while the southern third is largely industrial. Commercial centers are primarily clustered along Foothill Boulevard, Base Line Road, and several other major roadways. The northern edge of the Sphere of Influence is dominated by open space and hillside terrain. Table LU-1 identifies the land use distribution for the City and Sphere of Influence by general categories as of 2009. Table ZU 1 'land Use _ lstnbution 209 4 u' _ t Ott ^t. Re31de tln al r ",10310 125 10,435 39.3% Commercial . � `.660 ' .660 2:5% 6M�zed.,U "�" :. +a ' 702 . . .702, ' 2.6% Induu tnel �* ,; '� 3,203 -- 3,201: ;12.1/0 a . s IFutihc�Fyacil;Ges � �, 11;656 , _ 1,448 '.3,104 ,11.7 %0 "School's 0% .. '''536 - . _ . ". ',_ -: .5362:0% ParkStf^ys�-"«x, i �mot^-�s'2 347 - . .1:3% Oper�SPace,and Conservatio 707 1;186 1,803 7i1°/q 2,503 3,168 5,671 21:'40/0 20;624 52927 26,551 100.0% Source:Rancho Cucamonga GIS data,2009. Managing Land Use, Community Design, and Historic Resources LU-4 RANCHO CUCAMONGA GENERAL PLAN .3 P1107 Public facilities include government buildings such as City Hall, fire stations, and multi-purpose community facilities. Also included in this category are infrastructure such as cellular towers; water, gas, and electrical transmission lines; electrical plants and facilities; water district facilities; and flood control facilities (catch basins, levees, stone drainage channels, and spreading basins). Rancho Cucamonga is a community that supports life-long learning with four elementary school districts (Alta Loma, Central, Cucamonga, and Etiwanda), one high school district (Chaffey Joint Union High School District), one community college (Chaffey College), and satellite facilities for other institutions of higher learning (University of La Verne and University of Redlands are examples). These facilities are distributed throughout the community. One of the City's most attractive assets is Rancho Cucamonga's world-class park system. The system features facilities throughout the community designed to meet the needs of residents of all ages. Preserving open space for environmental and aesthetic value is a primary objective of the General Plan. Open space can serve multiple functions such as groundwater recharge, wildlife corridors, and neighborhood connections. The largest significant open space remains within the City's Sphere of Influence. Many vacant lands have already been entitled for development but construction has not occurred. These parcels will continue to contribute to the community in the future through thoughtful design and development. Land Use Growth Strategy The General Plan reinforces established land uses attained in the City over the last 10 to 15 years by emphasizing protection of existing residential neighborhoods, and targeting of new residential, office, and commercial growth along major corridors, such as Foothill Boulevard and Haven Avenue south of Foothill Boulevard, where development opportunities exist on vacant or underutilized properties. The land use growth strategy will focus on the following three objectives: • Protect and maintain established residential neighborhoods • Target new infill development opportunities • Integrate land use and transportation Protection of Established Residential Neighborhoods The City's neighborhoods reflect the history, strength, and character of Rancho Cucamonga, and the General Plan continues the City's practice of protecting, maintaining, and enhancing established residential neighborhoods. New development will be required to complement and reinforce the unique character of each neighborhood through sensitive infill projects and transitions in scale of development. Existing neighborhoods are stable and provide good access to parks and schools. The City is committed to fostering strong, safe, and vibrant neighborhoods, and ensuring that parks and schools are connected to a comprehensive trails and sidewalk pedestrian system. Managing Land Use, Community Design, and Historic Resources LU-6 RANCHO CUCAMONGA G EN ERAL PLAN �w P1 108 �I�{ Residence on Etiwanda Avenue. iwl lnfill Development Between 1999 and 2009, development largely occurred in the northeast Etiwanda portion of the City and around the Terra Vista and Victoria neighborhoods. In fact, most of those neighborhoods are now fully developed. However, many small opportunity areas remain, and vacant lots are located throughout the City:where new. development can take place. Struggling commercial shopping centers also present. , opportunities for revitalization. Successful infill development is characterized by overall residential densities that support public transit and commercial districts that offer a wider variety of convenience services and amenities. Well-planned infill can create cultural, social, recreational, and entertainment opportunities, gathering places, and bring vitality to historic roadway corridors (e.g., Foothill Boulevard) and neighborhoods. Attention to the design of infill development is essential to ensure that the new development fits in with the established physical context and gains acceptance from surrounding residential neighborhoods. A cooperative partnership between government, the development community, neighborhood organizations, and other resources is essential to achieve infill success. Successful infill development has already occurred. For example, the Town Square development at the southwest comer of Haven Avenue and Foothill Boulevard has integrated residential and commercial development. The Town Square development integrates vrt Sq a commercial and residential development. lot S, 4 Managing Land Use, Community Design, and Historic Resources RANCHO C U C A M 0 N G A G E N E R A L PLAN LU-7 30 ' J i w r_._... r; P1110 Etiwanda Specific Plan Part I, Chapter I l CHAPTER1 Introduction 1.1 INTRODUCTORY PROVISIONS 1.11 CITATION This ordinance'shall be known as the"E4iwanda'Specific Plan." 1.12 AUTHORITY FOR THE SPECIFIC PLAN The Etiwanda Specific Plan is adopted pursuant to the provisions of California Government Code Sections 64540 et seq. The law authorizes cities and counties to prepare and adopt specific plans for portions of their areas of jurisdiction as a means to implement the general plan. 1.13 CONSISTENCY WITH THE GENERAL PLAN -The Etiwanda Specific Plan is based on the City of Rancho Cucamonga General Plan and related regulations and programs. The Plan includes detailed regulations, standards, and guidelines necessary and convenient for the implementation of the General Plan. The various land uses permitted by the Specific Plan are consistent with the goals,policies,and general land uses described in the General Plan. However,the Specific Plan focuses on those issues which directly affect and are of greatest importance to the Etiwanda community. Reference should be made to the General Plan for guidance concerning planning issues which are not covered by the Specific Plan. 1.14 RELATIONSHIP TO OTHER REGULATIONS The Specific Plan will provide the user with most of the information needed to determine what City policies, standards, and regulations will guide the development of a particular parcel. However, areas not specifically covered by this Plan (i.e. construction standards, health regulations,growth management, subdivision procedures, etc)will continue to be governed by existing City regulations, and no provision of this Plan is intended to repeal, abrogate, annul, impair,or interferewith any existing City ordinance except as is specifically repealed by adoption of this Plan. 1.15 CONFLICT WITH OTHER REGULATIONS Whenever the provisions of this Plan impose more restrictive regulations upon buildings or structures,or on the use of lands,or require larger open spaces,yards,or setbacks,or otherwise established more restrictive regulations than are imposed or required by any other law, title, ordinance, code, or regulations, the provisions of this Plan shall govern. 1-1 4/96 P1111 r Etiwanda Specific Plan Part 1, Chapter I I 1.22 RESOLUTION OF UNCERTAINTIES Unless otherwise provided, any ambiguity concerning the content or application of the Etiwanda Specific Plan shall be resolved by the Planning Commission. 1.23 DEFINITIONS NOTE:Terms orphrases notspecifically listed belowshall be construed according tothe definitions section of the City Development Code. ABUTTING: Having lot lines or zone boundaries in comrr)on. ACCESSORY BUILDING: A building which is incidental to and customarily associated with a specific principal use or facility. ANIMAL HOSPITAL: A facility in which animals or pets are given medical or surgical treatment and are cared for during the time of such freatment, and in which the boarding of such animals or pets is only incidental to the medical or aurgical treatment and care thereof. BASE DISTRICT: A district created by this ordinance establishing regulations governing land use and site development. Not more than one base district designation shall apply to the same portion of a lot. CHURCH: A use located in a permanent building and providing regular or organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to the Constitution of the State of California and of the Revenue and Taxation Code of the State of California.shall constitute prima facie evidence that such use is'a church as defined herein: CITY: The City of Rancho Cucamonga. COCKTAIL LOUNGE: A use providing preparation and retail sale of alcoholic beverages, on a licensed "on-sale" basis, for consumption on the premises, including taverns, bars, and similar uses. DEPARTMENT STORE, JUNIOR: A retail store offering a limited line of general merchandise items, containing a floor area of less than 50,000 square feet. :DRIVE-IN.DRIVE-THROUGH: Outdoor service provided by a business establishment by means of a window counter accommodating persons in vehicles.- DWELLING UNIT: A single unit providing complete,independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. DWELLING. SINGLE FAMILY: A building containing one dwelling unit. DWELLING DUPLEX: A building containing two dwelling units. DWELLING. TRIPLEX: A building containing three dwelling units. 1-3 4/96 P1112 Etiwanda Specific Plan Part H,, Chapter 5 O All businesses, services, and processes shall be conducted entirely within a completely enclosed structure except for the following: (a) Permitted or conditional uses that require outdoor sales, display, or storage areas such as service stations, automobile sales and service agencies, nurseries and garden supply stores, and similar establishments. (b) Sidewalk sales and similar outdoor retail activities conducted in conjunction with a permitted or conditional use, subject to Special Event Provisions of the Development Code. ,(c) Off-street parking and loading. .307 General Provisions arld Exceptions: All uses shall be subject to the provisions of Article 5.21 and all applicable provisions of the Development Code. .308 Master Plan of Development Required: Prior to the Development of arty part of a site, a Master Plan of future development for the entire site shall be-approved by the City. .309 Setbacks: t (a) Along public streets: Must meet special setbacks, Section 5.31.302, but no less than 25 feet from property line. (b) Along interior lot lines at District Boundaries: 25 feet adjacent to a Residential District 10 feet adjacent to a Non-Residential District .310 Landscaping: (a) In public parkways: Must meet streetscape provisions of Section 5.31.300. (b) Along public streets: Required setback shall be fully landscaped. Landscape theme to complement streetscape theme provisions of Section 5.31.300. (c) . Buffers along interior lot lines at District Boundaries: Windrow style planting in accordance with Article 5.41. (d) Remainder of Site: No less than 5 percent of remaining land area to be in planters; no less than 1 tree per 3 parking spaces. Parking areas are to be screened from public streets through the use of berming and appropriate 'landscape materials. .311 Relationship to Existing Uses: 5-18 4196 3// P1113 Etiwanda Specific Plan Part II Chapter 5 Where proposed commercial of office professional development abuts on an established existing use of lesser or equal intensity,or on a school,.church,or other sensitive use,such new development shall recognize and respect existing conditions and uses,and shall be designed with sensitivity to minimize impact on the existing uses. Design considerations shall include building orientation and its relationship to established uses, adequate buffering, height limitations to prevent sightline intrusion,..structural setbacks, location of trash enclosures, and other design solutions as may be necessary to assure compatibility of existing and future uses. However,adjacentto the existing Myohoji Temple,the setback shall not be less than 35 feet. .312 .Height Limitations: ,n The height limitation it 2-1/2 stories or 35 feet, whichever is less. However, in no case shall the height of proposed structure or building exceed 20 feet or 2 stories within 100 feet of an existing residential, school, or church use. .400 Neighborhood Commercial Provisions .401 Conditional Use Permit required: Priorto the development of a Neighborhood Commercial center or any part thereof, approval of a Conditional Use Permit and a master plan for the entire site shall be required. .402 Foothill/East Avenue Location: This site has been selected for Neighborhood Commercial,use with specific intent to allow for partial preservation of the existing Eucalyptus grove. The site plan for such use shall incorporate as many existing trees as possible, but no less than 60 percent of the area of the grove nor less than 25 percent of the trees. Provisions shall also be made for a 20 foot wide Greenway through the interior boundary near the northwest comer of the site for future connection to the Community Trail system and Miller Park. .500 Community Service District Provisions .501 Purpose It is the purpose of the CS District to provide opportunities for limited or specialized, low-impact commercial and quasi-commercial services in a residential setting with the express intent to: (a) Provide a community focal point at one of the entrances to the Etiwanda community, to (b) Reinforce a sense of community identity, and to (c) Encourage perpetuation of those elements and features which provide a tie to Etiwanda's heritage. 5-19 4/96 3l� P1114 Rancho Cucamonga Development Code Article I, Chapter 17.02 Chapter 17.02 Purpose and Applicability Sections: Section 17.02.010 Purpose and Intent.........................................................................17.02-1 Section 17.02.020 Applicability of Regulations.............................................................17.02-1 Section 17.02.010 Purpose and Intent A. _ Title. This Title is known as the Development Code of the City of Rancho Cucamonga. B. Authority. This Title is adopted pursuant to the authority granted to the City of Rancho Cucamonga by California Government Code §65800 et seq. C. Purpose and Intent. These standards and guidelines for the City of Rancho Cucamonga are hereby established and adopted to protect and promote the public health, safety, morals, comfort, convenience, and welfare, and more particularly to: 1. Implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan. 2. Protect the physical, social, and economic stability of residential, commercial, industrial, and other land uses within the City to assure its orderly and beneficial development. 3. Reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements. 4. Attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning. D. Consistency with the Land Use Element of the General Plan. No use of land or buildings for which an application is required pursuant to this Title is to be approved for processing under this Title unless it is consistent with the Land Use Element of the General Plan. In the event of any conflict between this Title and the Land Use Element, the Land Use Element shall prevail. A proposed use is consistent with the Land Use Element when all of the following conditions exist: 1. The proposed use is in conformance with the programs and standards of the Land Use Element. 2. The proposed use is to be established and maintained in a manner that is consistent with the Land Use Element and all applicable standards contained therein. Section 17.02.020 Applicability of Regulations This Title applies to all land uses, structures, subdivisions, and development within the City of Rancho Cucamonga, as follows: 17.02-1 3/3 P1115 Article I, Chapter 17.04 Rancho Cucamonga Development Code r B. Grading Review Committee. The Grading Review Committee is responsible for reviewing grading plans for conformance with adopted grading standards and policies as well as reviewing water quality management plans. The committee is comprised of representatives from the Planning, Building and Safety and Engineering Departments. Their focus is on the adequate provision for on- and off- site drainage, management of water flow around structures, the aesthetic impact of proposed excavation and/or fill, and minimizing grading (especially in hillside areas). C. Design Review Committee. The Design Review Committee is responsible for reviewing the architecture (including material, finish, colors, and trim), site layout, building plotting, landscaping, compatibility with surrounding properties, and, when appropriate, signs, of new development. The committee's emphasis is on quality design in the community as described in the City's General Plan and this Title. The Design Review Committee consists of two Planning Commissioners and the Planning Director(or his or her designee). D. Technical Review Committee. The Technical Review Committee ensures a project conforms to adopted building and engineering standards. The Technical Review Committee consists of representatives from Planning, Engineering and Building and Safety departments, as well as the Rancho Cucamonga Fire District. Representatives from outside agencies, such as the Cucamonga Valley Water District (CVWD), also provide comments. The focus of their review includes, but is not limited to, public improvements (such as streets, curbs, gutters), access to and from the public right-of-way and the project site, utilities, emergency access and circulation, fire hydrant locations, and landscaping in the public right-of-way. E. Trails Advisory Committee. The Trails Advisory Committee is composed of two members of the Planning Commission and one member of the Planning Department, as well as equestrians and bicyclists. The Committee meets monthly to discuss and provide recommendations to the City Council on the development of the City's trail system. F. City Manager. The City Manager or designee shall oversee the work of the Planning Director and shall exercise.such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council. G. Planning Commission. Pursuant to California Government Code §65101, and as provided in Chapter 2.20, the City of Rancho Cucamonga has an established Planning Commission. The Planning Commission shall have the following land use responsibilities: 1. Hear and decide applications for entitlements as provided in Article 11 (Land Use and Development Procedures). 2. Initiate studies of amendments to this Title and make recommendations to the City Council for amendments as provided in Article II (Land Use and Development Procedures) and in Government Code §65853. 3. Hear and make recommendations to the City Council on applications for zoning amendments, the General Plan and amendments thereto, Specific Plans, prezoning, and other related planning studies. 17.04-2 31q/q P1116 Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report • Chapter V, Maintaining Public Health and Safety: Chapter V addresses issues related to seismic (earthquake) and geologic hazards, flood hazards and inundation, fire and emergency services, emergency preparedness, hazardous materials, crime and crime prevention, miscellaneous hazards, noise, and air quality. It identifies public services and facilities needed to support safety functions, and it expresses the City's commitments to a safe living environment. • Chapter Vl, Implementing the General Plan: Chapter VI describes set strategies for carrying out the goals and policies of the General Plan. This includes the Development Code's consistency with the General Plan, the commitment of organizational resources and procedures, and the use of various funding and financing mechanisms. Rancho Cucamonga Development Code Title 17 of the Rancho Cucamonga Municipal Code is the City's Development Code. The Code contains regulations that identify the permitted land uses on all parcels in the City through assigned districts, along with applicable use regulations, site development criteria (e.g., lot size, density/intensity, yard setbacks, open space, heights, parking, landscaped areas), performance standards, and general design regulations (e.g., site design, building orientation, access, parking areas, landscaping, fencing/screening, lighting, building design). The Code's main purpose is to protect and promote the public's health, safety, morals, comfort, convenience, and welfare, along with the following more specific purposes: 1. To implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan; 2. To protect the physical, social, and economic stability of residential, commercial, industrial, and other land uses within the City to assure its orderly and beneficial development; 3. To reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements; and 4. To attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource plans. The Code does not allow development that is not consistent with the Land Use Chapter of the General Plan in terms of allowable land use, as shown in the Land Use Map and conformity with the programs and standards of the Land Use Chapter. Rancho Redevelopment Project The Rancho Redevelopment Project was adopted in 1981 and revised in 1987, and encompasses an approximately 8,500-acre area at the southern section of the City, generally south of the State Route (SR) 210 Freeway; east of Haven, Hermosa and Archibald Avenues; north of 4`h Street; and west of Etiwanda Avenue. It also includes the commercial corridor along Foothill Boulevard. This area is developed with industrial uses in its southern section, commercial uses at its center, and residential uses on the northern section of the project area. The Redevelopment Agency activities have included attracting new businesses into the area, improving roadway and infrastructure systems, providing public services, and creating employment and recreational opportunities. The Agency has also been involved in rehabilitating existing structures, acquiring land, constructing new buildings, and developing or rehabilitating R:\Projed15 .&'.WTEIRO.M4.10 Lend Us"21110.doc 410-5 Land Use and Planning 3/S P1117 Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report During the early 2000s, the opening of the portion of the SR-210 Freeway in the City lead to significant residential development in the City's northeastern section of the City, with the Victoria. Gardens Lifestyle Center opening in 2005. Various commercial uses were then developed south of the mall and along Foothill Boulevard near the 1-15 Freeway. Today, the City is estimated to be 87 percent built out, with the majority of undeveloped land in the SOI, where approximately 4,156 acres of land remain vacant. Exhibit 4.10-2, Existing Land Uses, shows the existing land uses, and Table 4.10-1 provides the acreage breakdown of these land uses. Over 2,600 acres of vacant land remain in the City, with an additional 4,156 acres in the SOL The vacant lands within the City are located on scattered sites and are surrounded by urban development, except for the larger parcels along and near the Etiwanda Creek at the northeastern section. The vacant lands in the SOI consist of large, Contiguous parcels outside the Deer, Day, and East Etiwanda canyons and creeks. 4.10.3 THRESHOLDS OF SIGNIFICANCE The following significance criteria are derived from Appendix G of the State CEQA Guidelines. A project would result in a significant adverse impact related to land use and planning if it would: Threshold 4.10a: Physically divide an established community; Threshold 4.10b: Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect; and/or, Threshold 4.10c: Conflict with any applicable habitat conservation plan or natural community conservation plan. 4.10.4 GENERAL PLAN GOALS AND POLICIES A number of goals and policies in the proposed 2010 General Plan Update address protection of the City's residential neighborhoods and other desirable land uses. Implementation of these goals and policies and their corresponding implementation actions would reduce impacts on land use and planning. The Land Use, Community Design and Historic Resources Chapter includes goals and policies related to land use, as follows listed below. GOAL LU-1: Ensure established residential neighborhoods are preserved and protected, and local and community-serving commercial and community facilities meet the needs of residents. Policy LU-1.1: Protect neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. Implementation Action: Review and amend the residential zoning classifications of the Development Code to ensure that the allowable land uses are compatible with densities of residential neighborhoods. Policy LU-1.2: Designate appropriate land uses to serve local needs and be able to respond to regional market needs, as appropriate. R:NmjedsWo9Jo=7%E1R0mftW.10 end u 211 ID.dm 4.10-7 Land Use and Planning 31� P1118 Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report • Responsibility, along with the San Diego Association of Governments and the Santa Barbara County/Cities Area Planning Council, for preparing the Southern California Hazardous Waste Management Plan pursuant to the California Health and Safety Code. SCAG has developed four regional plans for the Southern California region: the Compass Blueprint, the Regional Comprehensive Plan, the Regional Housing Needs Assessment, and the Regional Transportation Plan. All address growth and development in the six counties and 38,000 square miles that comprise the Southern California region (except for San Diego County). These plans were developed to provide a unified effort in addressing the needs, opportunities, resources, and issues that face the region. Compass Blueprint SCAG's Compass Blueprint program considers future growth in the region in response to the land use and transportation challenges facing Southern California. The program developed a regional vision that defines the desired future scenario for Southern California. The program's Growth Vision is driven by the need to: • Improve Mobility for all residents; • Foster Livability in all communities; • Enable Prosperity for all people; and • Promote Sustainability for future generations. The program takes the following into consideration for additional growth and includes the changing trends in these issues: population diversity; housing; jobs; transportation; land; and pollution, including. Research, surveys and workshops were conducted throughout the region, coupled with extensive land use and transportation modeling of the future scenario, to identify implementation tools that would help achieve the Growth Vision. In developing the Growth Vision for the Compass Blueprint program, SCAG's population, housing and employment forecasts show that the County of San Bernardino would have an estimated 3.13 million residents, approximately 972,561 households, and 1.25 million jobs by the year 2035, while the City of Rancho Cucamonga is projected to be occupied by 172,420 residents, with 55,181 households and 97,874 jobs by 2035. SCAG proposes to achieve the principles of Mobility, Livability, Prosperity, and Sustainability by: • Focusing growth in existing and emerging centers and along major transportation corridors, • - Creating significant areas of mixed-use development and walkable communities, • Targeting growth around existing and planned transit stations, and • Preserving existing open space and stable residential areas. Regional Comprehensive Plan SCAG's Regional Comprehensive Plan (RCP) provides a policy framework for regional planning in Southern California. The RCP calls for city and county involvement and coordination in R:TrojedsWogl@ �R1DmftW.io Uod u 21110.doc 4.10.2 Land Use and Planning 311 P1119 Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report addressing regional issues related to growth management and development. It serves as an advisory document for preparing local plans and handling issues of regional significance, such as land use and housing, open space and biological habitats, water, energy, air quality, solid waste, transportation, security and emergency preparedness, economy, and education. The RCP promotes an integrated approach between SCAG, State and local governments, transportation commissions, resources agencies and conservation groups, the private sector, and the general public. The RCP embodies the principles of the Compass Blueprint program and addresses regional issues through its adopted goals, outcomes, and an action plan of constrained policies and strategic initiatives that can be implemented by the different cooperating agencies and entities. The Regional Housing Needs Assessment is discussed in Section 4.13, Population and Housing, and the Regional Transportation Plan is discussed in Section 4.16, Transportation and Traffic, of this EIR. Local Rancho Cucamonga General Plan California law requires every city to adopt a comprehensive, long-range plan for its physical development. The Rancho Cucamonga General Plan was last updated in 2001. The current General Plan meets the mandates of the Califomia Government Code and includes the following chapters: • Chapter I, Shaping the Future of Rancho Cucamonga: This is the introduction to the General Plan. • Chapter II, The Rancho Cucamonga Vision: This chapter expresses the City's vision for its future, which is anchored on the following values: o Keeping the Family at the Center, o Enhancing a Sense of Community, o Sustaining a Memorable Place, o Cherishing Our Legacy, o Designing Quality into Our Environment, o Being Involved in Our Community, o Maintaining a Strong Economy, o Operating the City Responsibly, o Shaping Our Surroundings, o Celebrating Community. • Chapter ill, Developing the Community:This chapter addresses issues related to land use, . transportation, housing, public facilities and services, community design, and economic development. This chapter includes the Land Use Plan for the City, which identifies the types, extent, locations, intensities, and distribution of planned land uses. Exhibit 4.10-1, 2001 General Plan Land Use Map, shows the current Land Use Plan and Table 4.10-1 provides the area breakdown for each land use designation. a:w,ojaacwoq�nuooneimumnu.io rand Us"21110noc 4.10.3 Land Use and Planning 3/f P1120 Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report r Chapter V, Maintaining Public Health and Safety: Chapter V addresses issues related to seismic (earthquake) and geologic hazards, flood hazards and inundation, fire and emergency services, emergency preparedness, hazardous materials, crime and Crime prevention, miscellaneous hazards, noise, and air quality. It identifies public services and facilities needed to support safety functions, and it expresses the City's commitments to a safe living environment. • Chapter Vl, Implementing the General Plan: Chapter VI describes set strategies for carrying out the goals and policies of the General Plan. This includes the Development Code's consistency with the General Plan, the commitment of organizational resources and procedures, and the use of various funding and financing mechanisms. Rancho Cucamonga Development Code Title 17 of the Rancho Cucamonga Municipal Code is the City's Development Code. The Code contains regulations that identify the permitted land uses on all parcels in the City through assigned districts, along with applicable use regulations, site development criteria (e.g., lot size, density/intensity, yard setbacks, open space, heights, parking, landscaped areas), performance standards, and general design regulations (e.g., site design, building orientation, access, parking areas, landscaping, fencing/screening, lighting, building design). The Code's main purpose is to protect and promote the public's health, safety, morals, comfort, convenience, and welfare, along with the following more specific purposes: 1. To implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan; 2. To protect the physical, social, and economic stability of residential, commercial, industrial, and other land uses within the City to assure its orderly and beneficial development; 3. To reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements; and 4. To attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource plans. The Code does not allow development that is not consistent with the Land Use Chapter of the General Plan in terms of allowable land use, as shown in the Land Use Map and conformity with the programs and standards of the Land Use Chapter. Rancho Redevelopment Project The Rancho Redevelopment Project was adopted in 1981 and revised in 1987, and encompasses an approximately 8,500-acre area at the southern section of the City, generally south of the State Route (SR) 210 Freeway; east of Haven, Hermosa and Archibald Avenues; north of 4th Street; and west of Etiwanda Avenue. It also includes the commercial corridor along Foothill Boulevard. This area is developed with industrial uses in its southern section, commercial uses at its center, and residential uses on the northern section of the project area. The Redevelopment Agency activities have included attracting new businesses into the area, improving roadway and infrastructure systems, providing public services, and creating employment and recreational opportunities. The Agency has also been involved in rehabilitating existing structures, acquiring land, constructing new buildings, and developing or rehabilitating R:'P.j.dswosb�WA EIMDMftWIO L.�d uso-o21110mo - 4.10-5 Land Use and Planning 3!`� P1121 TAB 23 t q 1122 rob * •1 �y �. z ..1�'�".Try • •t t S r f L � t �� P1123 ►, - - � rp s I i ` Lo \, Q 7 y i e i Y i s 1 n 1124 up . � a �, � - 1 Wit, • r�<j �I �1r ` !•yP st _ J /f r 'I 9� t�I _�' �M .'`may ' t ' •. I. �I Ar ./ sal V ,11 me - •itis•)a a'ti 'LAO ' .. "• • ' tJ* ^�.. � .�1 .� tll'1�/SRS J� bi, • n 4e c �. 11 C4 N 'y 9 �yr. �. > I�.• , � .t. 't n {, , il ' c � Pl 126 TAB 24 AL cl n t Y ,,1p P34�� o am �_ .. . r � y ci s�.. 'I. " ■ P1128 HOW NEARBY CITIES' LAND USES HAVE PROTECTED THEIR RESIDENTS FROM DIRECT CONTACT WITH FUNERAL HOMES N Pierce Brothers Griffith Mortuary w E 13002 Central Avenue Chino, CA 91710 S Dr Riverside Ur COMMERCIAL CORRIDOR FINANCIAL (BANK) Pad.nB Lot RETAIL 1953 SIR:1946 , 04 960 > MULTI_ 'daep FAMILY. SFR:1940 � O O u V V ALLEY ALLEY a 4 SFR: SFR:1941 UNKNOWN (POST 1910) SFR:1936 a 2 SIR'.1946 L O 4, SFR:1938 O 4--) O DUPLEX:1985 i..J V ' ^ SFR:1938 C: SFR 1912 V a--, Pan church n a Church SIR. 1939 � L� B St o }..� SFR: Church OUP r 1926 Land Mortuary 19335 5 Church 1910 Land C SFR:1952 SFR:1905 a 0 O SIR'.1950 SFR:1915 < SFR:1952 C3rmprxuc OU c.1915 SFR:1912 SFR.1901 ALLEY ALLEY SFR:1936 RETAIL SFR:1912 2 SFR:1985 SFR:1936 SFR:1924 OFFICE 2 SFR'.1938 SFR:1936 LO ITH CKSM SFR:1936 AUTO SFR:1912 SFR:1936 SFR:1912 REPAIR SFR:1936 RETAIL C S t .. St /l F SFR= SINGLE FAMILY RESIDENCE NOTE: ONLY 2SFRsPRE-DATE THE MORTUARY THE MORTUARY IS LOCATED ON A C 0 M M E R C I A L CORRIDOR NONE OF THE SURROUNDING SFRs FACE THE MORTUARY DIRECTLY (Nor Do Their Rear Yards Have Unobstructed Views Of The Site or Its Traffic) ONLY 3 SFRs FACE THE SAME COMMERCIAL CORRIDOR (They were all built A F T E R the Mortuary Property) PROPERTY RECORDS INDICATE THE PREVIOUS MORTUARY OWNER ORIGINALLY OWNED& CONTROLLED THE PARCELS DIRECTLY ABUTTING THE MORTUARY Soruce:Realist Tax Records/10.30.12/m F L i1 �.� �_ • � 011a wied'Id. � s s - - __. C� .- •�..ry.�.. 1 c r 1 F * !!I[ oa it SAF 7• U • 1 ISM ,� � [ . � �.,, • , It Awe Ous 4 1 .4 ' }'- •Ills, �, I Jr � _ 1131 to On� r j4s �1 op Ln U :03 t, e P1132 HOW NEARBY CITIES' LAND USES HAVE PROTECTED THEIR RESIDENTS FROM DIRECT CONTACT WITH FUNERAL HOMES N Stone Mortuary 355 E. 9th Street w E Upland, CA 91786 S Wash"a RESTAURANT CITY OF SENIOR a W \t ea UPLAND APARTMENTS: O w H ` J ^' > a .. > FA' [L�ITY: 1997 y v > as Q > > Q a Q U rr` Y U o lV am K 907-1958 wUO) w F h y X F "OWNED BY MORTUARY w v' " " y ti " " b a z 90E 9th St z m THEATER: F & i< <r .wV. 1947 a .mil ¢ a H .wa rn h N O F r a y O OFFICE: U SFR:1905 Q w > 9 1990 6 � Q 1.. OFFICE: 1969 }J r LIGHT �} LIGHT Perking e INDUSTRIAL. " INDUSTRIAL: IAI +J .�� m UNKNOWN 1931 Ind_ lUU OFFICE a c LIBR/A�URYM/C+U " ` - - SFR = SINGLE FAMILY RESIDENCE THE MORTUARY OWNS THREE ADJACENT PARCELS, WITH BUILDINGS CONSTRUCTED IN 1901, 1904 & 1958 NOTE: ONLY 6SFRs PRE-DATE THE OLDEST OF THE MORTUARY PROPERTIES THE MORTUARY IS LOCATED IN A PREDOMINATLY C O M M E R C I A L PART OF THE CITY, WITH THE BULK OF THE SURROUNDING AREA DEVELOPED A F T E R THE ORIGINAL MORTUARY PROPERTY THERE IS NOWHERE NEAR THE CONCENTRATION OF RESIDENTIAL PROPERTIES AT THIS LOCATION AS EXISTS DIRECTLY NEXT TO THE PROPOSED FUNERAL HOME SITE IN ETIWANDA Source:Realist Ten Records/10.30.12/oao 331 OW Qr Vwr s m f " buo •�� 4 1;- J is ,_€;• ( i F X11 ��,-Z• ry •!�'..3 '�:,j iyjll off 7, '-T ' AD AW IL Pil IL - rxFr r A trj t 6 `\ Ate ."f.S�t. .i.l ^ wpo-q�! •�..�.a v�zn � ri r ip n t . TAB 25 Multiple Building Property Summary P1136 r'M1 d"3t - f N/A 6,762 13,632 ¢550,000 Beds Bldg S Ft Sale Price ;@ . Q Ft Lot 5 9 N/A 1910 ,FUNERAL HM 09/1986 X -. Baths Yr Built Type Sale Date Owner Information _ Owner Name: Pierce Brothers Tax Billing City & State: North Hollywood, CA Mail Owner Name: Pierce Brothers Tax Billing Zip: 91609 Tax Billing Address: Po Box 3977 Location Information Zip Code: --_"_---- 91710 TGNU: -- 641-G7 ----- —""---"`"--"- Carrier Route: 0005 Census Tract: 6.05 School District: Chino City Topography: Flat/Level Comm College District Code: Chaffey Tax Information APN : 1020-042-01-0000 Lot: 11 % Improved: 54% Block: 31 Tax Area: 1010 Water Tax Dist: Chino Basin Imp C rax Appraisal Area: 07 Fire Dept Tax Dist: Chino Val Independent Legal Description: TOWN OF CHINO LOT 11 AND LOT 12 BLK 31 EX ST ***** 1-24-96 96-025931 (ST) ***** Assessment & Tax Assessment Year 2011 2010 2009 Assessed Value -Total $607,185 $602,647 $604,079 Assessed Value - Land $279,335 $277,247 $277,906 Assessed Value -Improved $327,850 $325,400 $326,173 YOY Assessed Change ($) $4,538 41,432 YOY Assessed Change (%) 0.75% -0,249/o Tax Year Total Tax YOY Tax Change ($) YOY Tax Change (%) 2009 ---- _ $6,383 "-------- -' ---- _. - — -' 2010 $6,384 $1 0 .. . . . 2011 $6,440 $56 0.87°/a Special Assessment Tax Amount General Tax Levy Pool $6,071.85 Chaffey College Bond $92.89 Chino Unified Bond $210.08 Wv Mosq &Vector Cntrl #1 $34.50 Metro Water Ong Debt Svc $22.46 Metro Water-Water Stby $7.29 Total Of Special Assessments $6,439.07 Characteristics _ County Land Use: Mortuary Total Units: 2 Courtesy of WENDY SANDOVAL. California Regional MLS Property Detal 3 n 4r� ./ N/A 6,111 23,200 N/A ` Beds Bldg Sq Ft Lot Sq Ft Sale Price N/A 1919 CEMETERY N/A Baths Yr Built Type Sale Date m Owner Information Owner Name: Custer Christiansen Covina Fax Billing Cty & State: Whittier, CA Owner Name 2: Mortuary Inc Tax Billing Zip: 90601 Mail Owner Name: Christiansen Covina Custer Tax Billing Zip+4: 1626 Tax Billing Address: 3888 Workman Mill Rd Owner Occaipled: No Location Information Zip Code: 91723 Comm College District Code: Mt San Antonio Carrier Route: C039 TGNO: 599-BS Zoning: CVTCC' Census Tract: 4061.02 School District: Covina Vly Topoaraohy: Rolling/Hilly Ta_x_I_nformation APN : 8445-010-009 Block: 10 % Improved: 25% Water Tax Dist: Upper San Gabriel Va Tax Area: 3040 Fire Dept Tax Dist: Consolidated Co Lot: 13 Legal Description: COVINA (EX OF STS) LOT 11 AND ALL OF LOT 12 AND W 20 FT OF LOT 13 Assessment & Tax Assessment Year 2012 2011 2010 Assessed Value-Total $868,000 $1,131,000 $961,347 Assessed Value- Land $652,000 $850,000 $532,175 Assessed Value- Improved $216,000 $281,000 $429,172 YOY Assessed Change ($) -$263,000 $169,653 YOY Assessed Change (%) -23.25% 17.65% Tax Year Total Tax YOY Tax Change ($) YOY Tax Change (%) 2009 $12,964 2010 $13,104 $140 1.08% 2011 $15,187 $2,083 15.89% Characteristics County Land Use: Cemetery/Mausoleum Building Scl Ft: 6,111 Universal Land Use: Cemetery Gross Area: 6,111 Lot Acres: 0.5326 Year Built: 1919 Lot Area: 23,200.449 .? of Buildings: 1 Market Sale & Sale History Recording Date: 05/12/1994 Owner Name: Custer Christiansen Covina Document Number: 921037 Owner Name 2: Mortuary Inc Deed Type. Grant Deed Seller- Flanagan Trust Recording Date 05/12/1994 05/09/1990 05/26/1988 Sale Date 03/1990 04/1988 Courtesy of WENDY SANDOVAL, California Regional MLS _ Property Detai 33� Multiple Building Property Summary P1138 U, W, N/A 15,310 62,800 N/A Beds Bldg Scl Ft Lot Sq Ft Sale Price N/A 1961 !FUNERAL HM N/A A Baths Y.-Built Type Sale Date Via. u Owner Information Owner Name: Draper J B Co Tax Billing Zip:: 91762 Mai! Owner Name: Draper 1 0 Co Tax Billing Zip-4: 2545 Tax Billing Address: 811 N Mountain Ave Owner Occupied: Yes Tax Billing City & State: Ontario, CA Location Information Zip Code: 91762 TGNO; 601-36 Carrier Route; 0037 Census Tract: 10.02 School District: Chaffey Un Topography: Flat/Level Comm College District Code: Chaffey -Tax Information APP! 1010-201-08-0000 Tax Appraisal Area: 07 % improved: 65% Lot: 891 Fax Area; 4069 Water Tax Dist: Chino Basin Imp C Legal Description: ONTARIO COLONY LANDS E 250 FT S 1/2 LOT 891 MEAS FROM C/L MOUNTAIN AVE EX ST Assessment & Assessment Year 2011 2010 2009 Assessed value- Total $637,617 $632,256 $611,706 Assessed Value- Land $220,911 $219,260 $219,761 Assessed Value- Improved $416,106 $412,996 $391,925 YOY Assessed Change ($) $4,761 $20,550 YOY Assessed Change (0/6) 0.75-./. 3.361% Tax Year Total Tax YOY Tax Change YOY Tax Change 2010 $6,875 $242 3.65°0 2011 $6,937 $62 0.90% Special Assessment Tax Amount General Tax Levy Pool $6,370.17 Chaffey College Bond $0.46 Chaffey High Bond $123.58 Ontario-Montcl Eern6ond $184,09 Wv Mosq &Vector Cntrl #2 $127.80 Metro Water Ong Debt Svc $23.56 Metro Water-Water Stby $9.79 Total Of Special Assessments $6,936.45 Characteristics Courtesy uf WENDY F.ANDOVAL, CaWornia; Remonat MLS Property Detal a, -- ---- —=P1139 N/A 6,736 18,360 $900,000 I Beds Bldg Sq FL Lot ot Sq Sq Ft Ft Safe Price axi6 N/A 1958 !FUNERAL HM 06/1989 Baths Yr Built Type Sale Date Owner Information Owner Name Pierce Brothers Tax Billing City & State: North Hollywood, CA Mail Owner "lame: Pierce Brothers Tax Billing Zip: 91606 Tax Billing Address: Po Box 3977 Location Information Zip Code: 91786 TGNO: 602-C3 Carrier Route: C002 Census Tract: 9.03 School District: Upland Topography: Flat/Level Comm College District Code: Chaffey Tax Information APN : 1046-411-16-0000 Tax Appraisal Area: 07 °io Improved: 550/0 Lot: 602 Tax Area: 8038 Water Tax Dist: Chino Basin Imp C Legal Description: ONTARIO COLONY LANDS E 60 FT N 153 FT S 160 FT LOT 602 AND N 153 FT S 160 FT W 60 FT LOT 603 \ssessment & Tax Assessment Year 2011 2010 2009 Assessed Value-Total $569,500 $505,900 $479,302 Assessed Value- Land $257,000 $238,700 $232,600 Assessed Value- Improved $312,500 $267,200 $246,702 YOY Assessed Change ($) $63,600 $26,598 YOY Assessed Change (%) 12.57% 5.55% Tax Year Total Tax YOY Tax Change ($) YOY Tax Change (%) 2009 -----------$5,073----- -------'------- 2010 $5,366 $293 5.78 9/a 2011 $6,091 $725 13.52% Special Assessment Tax Amount General Tax Levy Pool $5,695.00 Co Ventor Control $9.96 Chaffey College Bond $87.13 School Bonds $269.94 Metro Water brig Debt Svc $21.07 Metro Water-Water Stby $7.29 Total Of Special Assessments $6,090.39 Characteristics County Land Use: Mortuary Cooling Type Central Universal Land Use: Funeral Home Garage Type: Paved Lot Frontage: 120 Pa:king Type: Paved Lot Dcpth: 153 Roof Material: Composition Shingle .ot Acres: 0.4215 Roof Shape: Gable Courtesy of WENDY SANDOVAL, Caiifomia Regional MLS Property De ai p Pr , .. oe t ' _ 3�r PI 140 TAB 26 Rancho Cucamonga's upscale homes area bargain compared to those in coastal counties P1141 HOUSING Families seeking to five in a community that has made a conscious decision to emphasize quality neighborhoods should carefully consider Rancho Cucamonga.Here they will find beautiful tree-lined neighborhoods with planned unit developments that emphasize large ' - lot sizes and quality construction.Around nearly every home,families will find carefully laid out walking areas,parks,neighborhood shopping and schools. b Rancho Cucamonga's housing markets reflect the city's prune location along the Inland Empire's western edge as well as its success in developing a quality community. The city/s r , ' homeowners enjoy some of the highest property values in the inland region due to its foothill setting,as well as its proximity to Los Angeles County.Additionally,the city's emphasis on planned unit developments,large lot sizes and concoction standards is well above industry norms. Rancho Cucamongas upscale homes are a bargain compared to chose in coastal counties. Successful families are finding that the city provides them an opportunity to move into beautiful,upscale neighborhoods located within a prosperous community. Before the current housing difficulties,Rancho Cucamongas home builders responded to the surge of higher income families looking for quality housing in the Inland Empire by building homes of up to 6,000 square feet. As a result,the city's new home prices rose dramatically reaching a record$734,625 in second quarter 2007.With the slowdown in Southern Californias housing markets,builders have had to bring prices down dramati- s Ally. In the fourth quarter 2010,the new home median price returned to$483,210,the highest in major or nearby Inland Empire markets.These facts reflect the city's commit- ment to upscale neighborhoods and the premium standards to which units must be built. New Home Price Comparison,Major Inland Empire CHIM 4th Otr.2010 500 d - $413745 S 04111 400 $361,500$359.500 �352.194 $341,855 $303.8)1 300 $291,310$180,318 $[)4,965 S259 267 J I I 200 'a 100 �j 0 Rancho Corona Chino China Upland Temecula Iinrode Fabna San Mumets Ontario Moreno V (thousands) Cucamonga HRb Berardino VYler source:ONa0uk8 Pl 142 TAB 27 P1143 cn � m J J = o J W nC14) LO i» 00 , M C r a a o p �i rJ c I c O o d np^ fJ J �L a 9L V M L N L fJ c m g ,r�9{ N r, C 4z \ �M1pCJi Q p / N N as �� fJ N C a cu � E e9 (6 fA 69 r�1 69 fO OR� o U")j U-) N Iq LO Pl 144 TAB 28 343 �� • I r 11 it µ is - �3Y 1 1�5 JII L / rA 4 ON AU t ,Y v I � 1 I t � • s`. j , �V t Jl a •� 1 . I}� 3415/ �l�I , r , 11r - rap tA- u ro y,. ' p t"t i 'J! K 1147 , 5� l 1'. i i 1 f 41M v 1.1 , l_ sj Ism 4f G 1 r- . IJ Pl 148 TAB 29 347 nuisance law, nuisance, offensive neighbor; bad neighbor, sue neighbor Page 1 of 6 P1149 • Home • About • Matters We Handle • Subscribe LAW OFFICES OF PETER ETER o BREWER_ There Goes the Neighborhood. . .An Overview of Nuisance Law by Simon Offord on May 23, 2011 r in Neiohbor Issue; J • What can you do if someone moves in to your Palo Alto neighborhood and suddenly the neighborhood you were used to has completely changed? In certain instances, the newcomer's presence may constitute a nuisance, and you may be able to prevent the offensive activities. In this article, we will overview some of the activities that can constitute a nuisance. In future articles, we will detail such topics as whether you have standing to sue, what factors will be important to your likelihood of success, and who may be held liable. Businesses as a Nuisance A business may be a nuisance either by reason of its location or because of the improper or negligent manner in which it is conducted. A business that is not a nuisance in itself may be classified as a nuisance because of its location. For example, a store, a Laundromat, or a mortuary are each common and legal uses on properly zoned property, but they may be nuisances in a neighborhood in which they are incompatible. The following activities have been found to constitute a nuisance because of the activities' effect on the use of another's property: a rock quarry; a dance hall; a draw poker establishment; a gas station and garage; and an airport. Conditions Dangerous to Health and Safety Various activities and conditions on private land may pose a danger to the health and safety of neighbors or the community at large. The city or county may abate this type of condition using its police power or in some cases the offensive conduct may be enjoined by a neighboring property owner. Examples of dangerous or offensive conditions that were found to constitute a nuisance include: buildings used by gang members; discharge of pollution and/or trash; installation of asbestos; conditions that create traffic hazards; and even weeds or bugs/pests. Sale of Alcohol or Drugs http://bayarearealestatelawyers.com/neighbor-issues/there-goes-the-neighborhood%E2°/u80... 9/16/20 "t nuisance law, nuisance, offensive neighbor, bad neighbor, sue neighbor Page 2 of 6 P1150 Every building or place used for the unlawful sale or service of alcohol, and every building or place where liquor is sold, served or given away unlawfully, is a nuisance that can be abated, enjoined and prevented. A business establishment licensed by the State to sell alcohol is subject to local regulation of nuisances. A city may impose conditions relating to health and safety on the operation of retail liquor establishments and may abate as nuisances activity in or near such establishments. For example, a local agency may regulate activity in and around a licensed establishment. such as drunkenness, drug activity, prostitution, harassment of pedestrians. excessive noise; and other conduct that may constitute a nuisance. In addition,the illegal sale of controlled substances is a nuisance. A person engaging in the illegal sale of a controlled substance on a parcel of real property, or who makes use of the premises to further that purpose, is deemed to be causing a nuisance on the premises. Indecent or Offensive Acts Nuisances include activities or conditions that are offensive to the senses or"anything which is indecent." Thus, conduct that is offensive to a community's "moral sensibilities" is also subject to regulation as nuisances, as well as anything offensive to the five senses. Aesthetic offense is not a nuisance; and not every activity or condition that may be offensive or indecent constitutes a nuisance. Furthermore, when the activity or conduct merely produces a personal discomfort rather than a material injury to property, the test of whether the act constitutes a nuisance is its effect on persons of ordinary sensitivities. The following activities have been held to constitute a nuisance as either indecent or offensive: an adult book store; selling counterfeit goods; and a cemetery. Obstruction of Light/Air Generally, without a recorded restriction (i.e. an easement), and as long as the obstruction is permitted, an obstruction of light and air will not constitute a nuisance. Spite/Fences Similarly, The location of a fence will generally not constitute a nuisance. Unless the fence is erected maliciously or maintained for the purpose of annoying the neighbor, it is not a nuisance. This does not, however, mean that the affected landowner does not have other remedies under the law, including an action for trespass. Conclusion This article is intended to be a brief overview of types of nuisances that may exist, and to provide a few examples of what the California courts have determined are nuisances. Stay tuned for future articles that will detail what damages can result from nuisances, who can abate particular nuisances, whether trees can constitute a spite fence, and what factors may be considered during trial to determine whether a nuisance exists. If you have questions about nuisance law, or any other potential real estate issue, the Law Offices of Peter N. Brewer would be happy to answer those questions. The Law Offices of Peter N. Brewer can be reached at (650) 327-2900, or on the web at www.BrewerFirm.com. http://bayarearealestatelawyers.com/neighbor-i ssues/there-goes-the-neighborhood%E2°/`80... 9/16/20 nuisance law; nuisance, offensive neighbor, bad neighbor, sue neighbor Page 3 of 6 P1151 X Related Posts Plugin for WordPress. 0 Share/Save ® V Leave a Comment Name * E-mail Website Submit F { 1 trackback } . There Goes the Neighborhood (Part 2) .Damages Available Resultine from Nuisance BV7 Simon Offord. Esq. Previous post: As a Lender. Can I Sue an Appraiser or Flis/Her Appraisal Management Cornpanv^ Next post: HOA Litigation: A How To Guide . Bay Area Real Estate Law Firm C, �1 F My name is Peter Brewer. I am the managing partner of the Law Offices of Peter N. Brewer, based in Palo Alto, California. This law firm focuses on serving the legal needs of real estate and mortgage brokers, agents, brokerages, title companies, developers, investors, other real estate professionals and their clients. http://bayarearealestatelawyers.com/neighbor-issues/there-goes-the-neighborhood°/`E2°/u80... 9/16/20 i� nuisance law, nuisance, offensive neighbor, bad neighbor, sue neighbor Page 4 of 6 P1152 We also represent clients in debt collection, breach of contract matters, and other litigation and transactional work. On this website, the attorneys at this firm answer the common and not-so-common legal questions our clients have asked us over the years - and offer commentary on issues impacting the California Real Estate Markets. Just click on a category shown on the right side of this page and review the questions and issues found under that area of law. If you can't find the answer to your question, or would like to speak with an attorney about a specific legal issue, please call our offices at 650-327-2900 and consider making an appointment so we can talk about your issues and answer your questions. Please understand though that all consultations are at my regular hourly rate - or the hourly rate of my associates. • About The Authors .f Peter N. Brewer Julia M. Wei Charles S. Bronitskv Simon Offord ZEN ` ` Henry Chuang • Connect With Us! 013 rj - ®N 4; • Sample E-newsletter http://bayarearealestatelawyers.com/neighbor-issues/there-goes-the-neighborhood'/'E2°io80... 9/16/201 ' nuisance law, nuisance, offensive neighbor, bad neighbor, sue neighbor Page 5 of 6 P1153 13 Ei-R; .............. . . =7- =7- Click the above image to download a sample of our e-newsletter. 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Any comments left on this blog will not create an attorney-client relationship and authors posting on this blog are not obligated to reply to any comments or emaiIs seeking legal advice. Any content excerpted from this bloc must contain this disclaimer. The information contained on this blog is not confidential, and is not intended to be a solicitation. The authors posting on this blog are from California, practice law only in California and accordingly the content of this blog is not a reflection of legal developments elsewhere in the nation. Law Offices of Peter N. Brewer 2501 Park Blvd., 2nd Floor Palo Alto, CA 94306 Copyright©2011 Bay Area Real Estate Lawyers. All rights reserved. Copy Protected by Tech Tivs's Conv Protect Wordoress Bloes. http:/fbayarearealestatelawyers.com/neighbor-issues/there-goes-the-neighborhood%E2%80... 9/16/201 Z03 FindACaseTM I MILLER-ELSTON MORTUARY ET AL v. PAAL ET AL Page 1 of 3 P1155 Home / Our Sources / About Us / FAQs / Advanced Search Not what you're looking for? Try an advanced search. MILLER-ELSTON MORTUARY ET AL v. PAAL ET AL Supreme Court of Arkansas Buy for$7.95 Official citation and/or docket number and footnotes (if any) for this case available with purchase. May 23, 1977 MILLER-ELSTON MORTUARY, INC. AND MAGNOLIA LODGE NO. 60, FREE AND ACCEPTED MASONS OF ARKANSAS V. DR. NICHOLAS PAAL, SAM ENGLISH, MARILYN GLASGOW, BILL NORRIS AND JAMES CHUDLEIGH Appeal from Pulaski Chancery Court, Third Division, Royce Weisenberger, Chancellor on Exchange; reversed. t..t tr -_ z ••j, vuu+:.: 'mot -a t a,, GcI /ct(L ( O!'T SYLLABUS BY THE COURT 1. NUISANCE - FUNERAL HOME IN RESIDENTIAL NEIGHBORHOOD - EFFECT. - A funeral home is not a nuisance per se, but may be a nuisance in a residential district as a result of its continuous reminder of death and dead bodies, which may destroy the comfort and repose sought by homeowners and lead to a decline in property values. 2. FUNERAL HOME, INJUNCTION AGAINST - EVIDENCE, INSUFFICIENCY OF TO PROVE NUISANCE - EFFECT. - Where there is ample evidence to support the chancellor's finding that the protestants against the operation of a funeral home in a residential neighborhood did not prove their assertions by a preponderance of the evidence, the court erred in basing Its decision to enjoin the operation on the testimony of a witness that, in his opinion, the establishment of a black funeral home in the predominantly black neighborhood might cause the moving in of whites in the neighborhood to slow up and their moving out to start up again, which would be detrimental to the neighborhood. 3. INJUNCTION, GROUNDS FOR- FUNERAL HOME, ESTABLISHMENT OF - WEIGHT OF TESTIMONY, SOCIOLOGICAL CONSEQUENCES NOT CONTROLLING. - The long-range and intangible sociological consequences of the establishment of a funeral home in a residential neighborhood are not matters that can be given great weight in a suit to enjoin the establishment of the funeral home on the grounds that it constitutes a nuisance. 4. PLEADING & PRACTICE - INTERVENOR IN SUIT FOR INJUNCTION - PRAYER FOR SPECIFIC PERFORMANCE OF CONTRACT PREMATURE. - The prayer of the intervenor, the seller of the property, for specific performance of his contract was premature where the completion of the sale was contingent upon appellant's successful defense of the suit for injunction. The opinion of the court was delivered by: George Rose Smith, Justice. The appellant, a corporation owned by Joseph Elston, owns and operates a funeral home in Little Rock. Elston testified that the inadequacy of his facilities led to a decline in his volume of business. He decided to acquire a larger building http://ar.findacase.com/research/wfnnDocViewer.aspx/xq/fac.19770523004265 0.AR.htm... 9/16/2012 FindACaseTM MILLER-ELSTON MORTUARY ET AL v. PAAL ET AL Page 2 of 3 P1156 and, being black himself, sought such a building in a predominantly black neighborhood. This resulted in his entering into a contract to purchase the vacant Magnolia Lodge Building at the corner of Sixteenth and Battery Streets. The contract was conditioned upon Elston's being successful in having the property rezoned and in obtaining a building permit for the necessary remodeling of the building. The city directors approved the rezoning of the property from a residential classification to a Lodging, Nursing Home, and Undertaking classification. This suit, however, was brought by four owners or lessees of residential property in the neighborhood, asserting that the funeral home would constitute a nuisance in the surrounding residential district and should be enjoined. Another protestant intervened in the case. After an extended hearing the chancellor entered a decree permanently enjoining the appellant from operating the proposed funeral home. The applicable principles of law are settled by our cases. A funeral home is not a nuisance per se. It may be a nuisance, however, in a residential district as a result of its continuous reminder of death and dead bodies, which may destroy the comfort and repose sought by homeowners and lead to a decline in property values. Mitchell Funeral Home v. Bearden, 255 Ark, 888, 503 S.W.2d 904 (1974); Powell v. Taylor, 222 Ark. 896, 263 S.W.2d 906 (1954). In the present case there was comparatively light opposition [261 Ark Page 646] to Elston's proposal. Even though the district is entirely residential for at least two blocks ® MOTOROLA in every direction from the site of the Lodge Building, a number of witnesses testified in Elston's favor. In fact, the chancellor's decree is somewhat unusual in that upon almost ATRI X'"HD ! every point he found that the protestants had not proved their assertions by a preponderance of the evidence. Specifically, the chancellor found that no serious traffic drive smart problems would be created, that it had not been shown that the neighborhood would Package gradually become commercial if the Lodge Building were converted to a funeral home, that it had not been shown that there would be a genuine detrimental effect upon onl Y$^9 99 property values, and that the witnesses who testified about the presence of the funeral home as a reminder of death were comparatively young. Actually, only two witnesses touched upon that issue, and the one who would be very near the funeral home purchased his property after the rezoning and with knowledge of it. Our review of the "j record convinces us that the chancellor's evaluation of the conflicting proof was an accurate summation. ` Despite his misgivings, the chancellor concluded that "the testimony of the witness, Hill, convinces the Court the injunction must be and it is made permanent." We must, therefore, examine Hill's testimony in some detail. Hill is (or was at the time of the trial) the City Director of Human Resources. In that capacity he is responsible for planning and implementing programs to upgrade several neighborhoods that have deteriorated. To that end he participates in allocating and administering federal funds in an effort to save and revitalize residential areas. During a period of seven years about $20,000,000 was so spent in neighborhoods throughout the city. Although the neighborhood now in question is predominantly black, Hill testified that young professional whites were beginning to move back into it. Hill personally believed that a racial mixture is good for any neighborhood and that anything causing a reversal of r, that process would be detrimental to the neighborhood. He pointed out that most of the protestants were white and expressed the opinion that if a [261 Ark Page 647] black funeral home were established in the neighborhood it might cause the moving in of +u whites at least to slow up and their moving out to start up again. It is unnecessary for us to weigh the merits or demerits of Hill's position, for even if his point of view were found to be wholly correct it is still not a controlling consideration in a judicial proceeding such as this suit. Hill's testimony might more appropriately have been j presented to the city authorities when the application for rezoning was submitted for their consideration. In the courts the issue is whether the proposed funeral home will have such an effect upon the surrounding residential property as to constitute a nuisance. The long-range and intangible sociological consequences of the establishment of the funeral home are not, in our opinion, matters that can be given weight in a case of this kind. Consequently we cannot agree with the chancellor's conclusion that Hill's testimony has the effect of overcoming the deficiencies that otherwise exist in the protestants' proof. - The Magnolia Lodge, as the seller of the property, Intervened in the case and sought specific performance of its contract. To this point its prayer for relief has been premature, because the completion of the sale has been contingent upon the appellant's successful defense of this case. That issue having now been settled, the cause will be remanded for further proceedings. http://ar.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19770523_0042650.AR.htm... 9/16/2012 FindACaseTM I MILLER-ELSTON MORTUARY ET AL v. PAAL ET AL Page 3 of 3 P1157 Reversed. We agree. HARRIS, C.J., and HOLT and ROY, JJ. [261 Ark Page 648] 19770523 © 1992-2003 VersusLaw Inc. Buy This Entire Record for $7.95 Official citation and/or docket number and footnotes (if any) for this case available with purchase. Learn more about what you receive with purchase of this case. Home/Our Sources/About Us /FAQS/Advanced Search copyright 2012 LRC, Inc.About Us PRIVACY POLICY http://ar.findacase.com/research/wfrmDocViewer.aspx/xq/fac.I 97705230042659.AR.him... 9/16/201 40C.AOC," Find Q Case P1158 MILLER-ELSTON MORTUARY ET AL v. PAAL ET AL,261 Ark. 644,550 S.W.2d 771 (Ark. 05123/1977) [1] Supreme Court of Arkansas [2] No. 76-373 [3] 261 Ark. 644, 550 S.W.2d 771, 1977.AR.0042650< http://www.versuslaw.com> [4] May 23, 1977 [5] MILLER-ELSTON MORTUARY,INC.AND MAGNOLIA LODGE NO. 60,FREE AND ACCEPTED MASONS OF ARKANSAS V. DR.NICHOLAS PAAL,SAM ENGLISH,MARILYN GLASGOW,BILL NORRIS AND JAMES CHUDLEIGH [6] SYLLABUS BY THE COURT [7] 1. NUISANCE-FUNERAL HOME IN RESIDENTIAL NEIGHBORHOOD-EFFECT. -A funeral home is not a nuisance per se,but may be a nuisance in a residential district as a result of its continuous reminder of death and dead bodies,which may destroy the comfort and repose sought by homeowners and lead to a decline in property values. [g] 2.FUNERAL HOME, INJUNCTION AGAINST-EVIDENCE,INSUFFICIENCY OF TO PROVE NUISANCE- EFFECT. -Where there is ample evidence to support the chancellor's fording that the protestants against the operation of a funeral home in a residential neighborhood did not prove their assertions by a preponderance of the evidence, the court erred in basing its decision to enjoin the operation on the testimony of a witness that, in his opinion, the establishment of a black funeral home in the predominantly black neighborhood might cause the moving in of whites in the neighborhood to slow up and their moving out to start up again,which would be detrimental to the neighborhood. [9] 3. INJUNCTION,GROUNDS FOR-FUNERAL HOME, ESTABLISHMENT OF-WEIGHT OF TESTIMONY, SOCIOLOGICAL CONSEQUENCES NOT CONTROLLING. - The long-range and intangible sociological consequences of the establishment of a funeral home in a residential neighborhood are not matters that can be given great weight in a suit to enjoin the establishment of the funeral home on the grounds that it constitutes a nuisance. [10] 4. PLEADING&PRACTICE-INTERVENOR IN SUIT FOR INJUNCTION-PRAYER FOR SPECIFIC PERFORMANCE OF CONTRACT PREMATURE. -The prayer of the intervenor, the seller of the property, for specific performance of his contract was premature where the completion of the sale was contingent upon appellant's successful defense of the suit for injunction. 1261 Ark Page 645] [1 l] Appeal from Pulaski Chancery Court,Third Division,Royce Weisenberger,Chancellor on Exchange; reversed. [12] Pope,Pratt, Sbamburger, Buffalo&Ross,by: Robert D. Ross, for appellant Miller-Elston Mortuary, Inc. [13] Philip W. Ragsdale, for appellant Magnolia Lodge No. 60, Free and Accepted Masons of Arkansas. Page 1 of 3 r—^ Find W case P1159 [14] Solloway & Cronkhite,by: Lanny K. Sollaway, for appellees. [15] The opinion of the court was delivered by: George Rose Smith,Justice. [16] The appellant, a corporation awned by Joseph Elston, owns and operates a funeral home in Little Rock. Elston testified that the inadequacy of his facilities led to a decline in his volume of business. He decided to acquire a larger building and,being black himself, sought such a building in a predominantly black neighborhood. This resulted in his entering into a contract to purchase the vacant Magnolia Lodge Building at the comer of Sixteenth and Battery Streets. The contract was conditioned upon Elston's being successful in having the property rezoned and in obtaining a building permit for the necessary remodeling of the building. [17] The city directors approved the rezoning of the property from a residential classification to a Lodging, Nursing Home, and Undertaking classification. This suit,however,was brought by four owners or lessees of residential property in the neighborhood, asserting that the funeral home would constitute a nuisance in the surrounding residential district and should be enjoined. Another protestant intervened in the case.After an extended hearing the chancellor entered a decree permanently enjoining the appellant from operating the proposed funeral home. [18] The applicable principles of law are settled by our cases. A funeral home is not a nuisance per se. It may be a nuisance,however, in a residential district as a result of its continuous reminder of death and dead bodies,which may destroy the comfort and repose sought by homeowners and lead to a decline in property values.Mitchell Funeral Home v. Bearden,255 Ark. 888, 503 S.W.2d 904(1974);Powell v. Taylor, 222 Ark. 896, 263 S.W.2d 906(1954). [19] In the present case there was comparatively light opposition 1261 Ark Page 6461 [20] to Elston's proposal. Even though the district is entirely residential for at least two blocks in every direction from the site of the Lodge Building, a number of witnesses testified in Elston's favor. In fact, the chancellor's decree is somewhat unusual in that upon almost every point he found that the protestants had not proved their assertions by a preponderance of the evidence. Specifically,the chancellor found that no serious traffic problems would be created, that it had not been shown that the neighborhood would gradually become commercial if the Lodge Building were converted to a funeral home, that it had not been shown that there would be a genuine detrimental effect upon property values, and that the witnesses who testified about the presence of the funeral home as a reminder of death were comparatively young. Actually, only two witnesses touched upon that issue,and the one who would be very near the funeral home purchased his property after the rezoning and with knowledge of it. Our review of the record convinces us that the chancellor's evaluation of the conflicting proof was an accurate summation. [21] Despite his misgivings, the chancellor concluded that"the testimony of the witness, Hill,convinces the Court the injunction must be and it is made permanent." We must, therefore,examine Hill's testimony in some detail. [22] Hill is (or was at the time of the trial) the City Director of Human Resources. In that capacity he is responsible for planning and implementing programs to upgrade several neighborhoods that have deteriorated. To that end he participates in allocating and administering federal funds in an effort to save and revitalize residential areas. During a period of seven years about$20,000,000 was so spent in neighborhoods throughout the city. [23] Although the neighborhood now in question is predominantly black,Hill testified that young Page 2 of 3 Find N Case P1160 professional whites were beginning to move back into it. Hill personally believed that a racial mixture is good for any neighborhood and that anything causing a reversal of that process would be detrimental to the neighborhood. He pointed out that most of the protestants were white and expressed the opinion that if a 1261 Ark Page 6471 [24] black funeral home were established in the neighborhood it might cause the moving in of whites at least to slow up and their moving out to start up again. [25] It is unnecessary for us to weigh the merits or demerits of Hill's position, for even if his point of view were found to be wholly correct it is still not a controlling consideration in ajudicial proceeding such as this suit. Hill's testimony might more appropriately have been presented to the city authorities when the application for rezoning was submitted for their consideration. In the courts the issue is whether the proposed funeral home will have such an effect upon the surrounding residential property as to constitute a nuisance. The long-range and intangible sociological consequences of the establishment of the finieral home are not, in our opinion,matters that can be given weight in a case of this kind. Consequently we cannot agree with the chancellor's conclusion that Hill's testimony has the effect of overcoming the deficiencies that otherwise exist in the protestants'proof. [26] The Magnolia Lodge,as the seller of the property,Intervened in the case and sought specific performance of its contract.To this point its prayer for relief has been premature,because the completion of the sale has been contingent upon the appellant's successful defense of this case. That issue having now been settled, the cause will be remanded for further proceedings. [27] Reversed. [28] We agree. HARRIS, C.J., and HOLT and ROY,JJ. [261 Ark Page 6481 19770523 O 1992-2003 VersusLaw Inc. Page 3of3 2� Find @ Case P1161 POTTER v.BRYAN FUNERAL HOME,307 Ark. 142, 817 S.W.2d 882 (Ark. 11/04/1991) [l] Supreme Court of Arkansas [2] No. 91-86 [3] 307 Ark. 142, 817 S.W.2d 882, 1991.AR.0042860< http://www.versuslaw.com> [4] November 4, 1991 [5] CECIL POTTER, RUTH POTTER,ROBERTA STEPHENS,BOB DOWNING AND DOROTHY DOWNING V. BRYAN FUNERAL HOME [6] SYLLABUS BY THE COURT [7] 1.NUISANCE-NATURE OF INJURY- ESTABLISHMENT OF A FUNERAL HOME. -A funeral home is not a nuisance per se; the intrusion of a funeral home into an exclusively residential district would constitute a nuisance; it may be a nuisance in an area essentially residential in character; if, however, transition of the district from residential to business has so far progressed that the value of the surrounding property would be enhanced as business property,rather than depreciated as residential property,the establishment of a funeral home would not constitute a nuisance. [8] 2.NUISANCE-FUNERAL HOME NOT A NUISANCE-NEIGHBORHOOD NOT EXCLUSIVELY RESIDENTIAL. -Where it was clear that the neighborhood was not exclusively residential,nor was the area essentially residential, instead the evidence supported a finding that the area was mixed residential and commercial, the chancellor was not required to determine that appellee's funeral business would constitute a nuisance and the appellate court was unable to say the chancellor was clearly wrong when he refused to find a nuisance would result from the establishment of appellee's funeral home. [9] 3.APPEAL&ERROR- HARMLESS ERROR DOES NOT REQUIRE REVERSAL. -Errors which are harmless do not require the reversal of the chancellor's findings. [10] 4.EVIDENCE-PERSONAL INSPECTIONS OF PROPERTY BY CHANCELLOR NOT CONSIDERED EVIDENCE. -While personal inspections of property are permissible and proper as an aid to a better understanding by the chancellor of what witnesses had testified to, such views are limited to that purpose and a judge's personal observations on the site are not considered 1307 Ark Page 1431 evidence of facts. [11] 5.APPEAL&ERROR- CHANCELLOR'S ERROR HARMLESS -REVERSAL NOT REQUIRED. -Where the chancellor viewed the area involved in the dispute between appellants and appellee and also erroneously inspected and referred to businesses and residences along the highway outside the area which the parties addressed at trial, the chancellor erred;Nevertheless, the limited two-block area here was properly characterized as mixed residential and commercial and even upon excluding the chancellor's references to businesses outside the pertinent area involved, the supreme court was required on de novo review to uphold the chancellor's finding that no nuisance would result from appellee's business since that finding was not clearly erroneous. r [12] Appeal from Lawrence Chancery Court; Tom L. Hilburn, Chancellor; affirmed. Page 1 of 4 2 /� Find Case P1162 [13] Wilson & Castleman, by: Richard L. Castleman,for appellants. [14] Bill W. Bristow,P.A., for appellee. [15] The opinion of the court was delivered by: Tom Glaze,Associate Justice. [16] Appellants appeal the Lawrence County Chancery Court's dismissal of their request to enjoin as a nuisance the appellee's placement of a funeral home in appellants'neighborhood.They argue the chancellor was clearly erroneous in finding that the funeral home was not a nuisance. Also, the appellants contend the chancellor erred in inspecting or viewing the proposed site and other property without first obtaining the consent of the parties. [17] The facts are largely undisputed. Appellee planned to convert a two-story house into a funeral home to be located on the southwest comer of the intersection at U.S. Highways 62/63 and State Highway 115 in the town of Imboden. Many of the appellants'houses are situated across from the proposed site and along the north side of Highway 62/63. Other residences are located on the south side of 62/63 and are both east and west of appellee's proposed funeral home. Four or five commercial businesses are nestled in this same area. A used car lot owned by the town's mayor is situated on the northwest comer of the satne block where the appellee proposes to establish its business.A repair shop is directly behind the car lot.A car wash and a convenience store are located on the north side of 1307 Ark Page 1441 [18] Highway 62/63 within two blocks east of the funeral home site. And finally, a beauty shop is located approximately two blocks from appellee's site and about one block south of the comer where the car lot is located. In addition to these businesses, a home for the elderly and a federal housing project are approximately within the general two-block area of the proposed site. [19] At trial, appellants presented testimony that a funeral home would lower their property values and would also interfere with the peaceful enjoyment of their homes because the business would be a constant reminder of death and dead bodies. Appellee offered evidence that classified the area as being mixed residential and commercial. Appellee argued that the appellants would not be any more adversely affected by the placement of a funeral home in the neighborhood than they already had been by having the other businesses already located in the area. Based on the foregoing evidence, the chancellor held that the establishment of a funeral home on the proposed site would not be a nuisance. [20] [1] This court has established the following general principles with regard to preventing establishment of funeral homes: [21] A funeral home is not a nuisance per se.The intrusion of a funeral home into an exclusively residential district would constitute a nuisance. It may be a nuisance in an area essentially residential in character. If,however, transition of the district from residential to business has so far progressed that the value of the surrounding property would be enhanced as business property, rather than depreciated as residential property,the establishment of a funeral home would not constitute a nuisance. [22] Mitchell Funeral Home v. Bearden, 255 Ark. 888,503 S.W.2d 904 (1974); see also Miller-Elston Mortuary v. Paal,261 Ark. 644, 550 S.W.2d 771 (1977);Blair v. Yancy, 229 Ark. 745, 318 S.W.2d 589(1958);Powell v. Taylor,222 Ark. 896,263 S.W.2d 906(1954). [23] While appellants take issue with the chancellor's finding that the two-block area surrounding the proposed site is mixed residential and commercial, we conclude the evidence clearly supports such a finding. In fact, appellants concede that some of the businesses located in the area actually became operational Page 2 of 4 Find Case P1163 1307 Ark Page 1451 [24] after appellants'houses had been built. Appellants point to language in the Bearden case when arguing that the law does not require the area surrounding a proposed funeral home site to be "exclusively" residential before a funeral home can be enjoined as a nuisance. Instead,appellants claim that they may be entitled to injunctive relief when the area is "predominately" residential. While the court in Bearden indicated considerable weight is given to the predominance of either commercial or residential property in the area, the court in no way broadened or enlarged the rules that the intrusion of a funeral home into an"exclusively" residential district would ordinarily constitute a nuisance or may constitute a nuisance in an area "essentially" residential in character.As we review the evidence, we believe it both supports the views that the area involved here is[nixed residential and commercial and that it has slowly changed its character to include additional business ventures. [25] Appellants emphasize that all of the value evidence presented at trial reflected that their homes' residential values would be lowered if a funeral home business was located in the neighborhood. Appellee responds,pointing out that it is reasonable to expect residential values to be lowered whenever any commercial establishment moved into a residential area. As pointed out earlier, commercial establishments here were located in the appellants' neighborhood years before appellee advanced its plans to build a funeral home in this same area. Whether or not these businesses have enhanced appellants'properties for commercial purposes is unclear because neither appellants nor the appellee offered value testimony on this issue. [26] [2] In summation, it is clear that the neighborhood here is not exclusively residential, and appellants clearly are not entitled to enjoin the appellee's funeral home business on that basis.Nor can we conclude from the evidence that the area is essentially residential.Instead,we believe the chancellor's characterization of the area as mixed residential and commercial is thoroughly supported by the evidence. Thus,based upon the law and the evidence presented,the chancellor was not required to determine that appellee's funeral business would constitute a nuisance. At the very least,we are unable to say the chancellor was clearly wrong when he refused to find a nuisance would result from the establishment of appellee's funeral home. 1307 Ark Page 1461 [27] [3] In their second point for reversal, they argue the chancellor erred in making an unannounced view of the area in question and other properties along Highway 62/63 as it traverses through the entire town of hnboden. Sometime after trial, the chancellor apparently counted the businesses and residences along the highway and mentioned those numbers in his findings.Appellants challenge those numbers as being incorrect and also argue those businesses and residences are not material or relevant to the nuisance issue concerning the two-block area involved in this case. See Powell v. Taylor,222 Ark. 896,263 S.W.2d 906(1954) (where the court limited its characterization of "essentially residential" to a sixteen-block area in Gordon,Arkansas, stating that,in a relatively small city,an area of this size may well be treated as a district in itself, else there might be no residential districts in the whole community)Although appellants may be correct on both points, those errors are harmless and do not require the reversal of the chancellor's finding that appellee's funeral home is no nuisance. [28] [4, 5] While personal inspections of property are permissible and proper as an aid to a better understanding by the chancellor of what witnesses had testified to,such views are limited to that purpose and a judge's personal observations on the site are not considered evidence of facts. Mitcham v. Temple, 215 Ark. 850,223 S.W.2d 817 (1949); Clark v. Clark,4 Ark.App. 153, 632 S.W.2d 432 (1982). In the present case, the chancellor not only viewed the two-block area involved in the dispute between appellants and appellee, but also he inspected and referred to businesses and residences along Highway 62/63 outside the area which the parties addressed at trial. In this latter respect,the chancellor erred.Nevertheless, the limited two-block area here was properly characterized as mixed Page 3of4 �/7 Find Case P1164 residential and commercial as we have previously discussed. Thus, even excluding the chancellor's references to businesses outside the pertinent area involved, we are required on de novo review to uphold the chancellor's finding that no nuisance would result from appellee's business since that finding is not clearly erroneous. [29] We affirm. 1307 Ark Page 1471 19911104 © 1992-2003 VersusLaw Inc. Page 4 of 4 Z/_:2 Pl 165 TAB 30 P1166 r L /• t J' � ysb 1W - ,;, �•"� �P..r� +'" F`�4 -,�-tr -°5.�mc•�"r vim-F Cr t -t 1'"'S.+l��.� ,�L ti�;� r�s d+'�F.e s'xe--t 'mss - x+, '�w,�v�n.gr-! +1.cG.-yr � �'rsfey��`rh-S•;s�.�.u. '-3�.;,;�iG 1 s.,"�-y.,s. ?., -- _ W _ 'Ltm c r, CD iz ;� Ri�r va � F J �s 'arF'LYCet.V tA. t2g. L�' Y N� +e �5. ^ �. '�' t :9 � v 1 ..'.3'� yfFM� � �11�i��•�J' 0b0 .i V M pw } f- ' V y "4" . att iizr LF ty Rt ji.•o 4'�E 3.L. r, —rte, ct�Ye a ^.L.i� "� "; 6� � �t ..'rY�fi�x"r�k"•�'�x,., n �rt ��trt.,£�.u�.��...s''i. .��I+ >�-+� a .�,r Zq ��9 '�Y,...• .1� -- � ,�'7� �'`'�' ''-"�wr.�'P�''r�.�Gr�j;��>°Y ��`"�.s5-'` . <c .ham' 'll'�'"t*-.a �3rwF,�• .cyTy,.,p�,.c-a.�+L -irk_ h t �7- ,,,,� �; L� �Y`-":.{�,p^rr ��Y=�� ,�I.a�r��yYl��t'��r�•''v��`�ti „�-•�"�.,.rh,�.,Y-v v» �"". r*�xi �°ys t t(.y �-k�-- 7 G t,J p� y°„w°. �' ��`le*FX� +°,W ..�'� __.,-�} u�✓ _ +' <- t` � •+ t ' ?' h s. .._ err '§ '.:r,- P1 167 � GRESFfAM | E��Yv�\C�F� !u./,/��' ' ^�`x|"' '��',�),,''��,./�'�.:..v �x.C,,//`,//:m.�`/[/'` � Arrno"Ery AT L^vv CITY OF RANCHO CUCAWNGA August 20,2012 AUG 28 2glZ K��K ��Kl) vx�v��x��&� ~ �~ \�� -- ~ ," "." n�, � ^"",� ,^`^, `,`^ City o/Rancho Cucamonga Attn: City Clerk l0500 Civic Center Drive Rancho Cucamonga, CA 91729'0807 Re: Notice of Appeal of Planning Commission Determination rc Resolution No. l2'36, and Conditional Use Permit[}}{CI0ll'0]094 Dear City Clerk and Members nf the City Council: Ihiofirou6asbecucngagedtoreprroenLD{2CaD6>oziaFooeza} Serriceu, fnc- ("SCl'') and its project management consultant, HMR Architects ("HMR") with regard to the Planning Commission approval of Resolution 12-36, and the denial of the Condition Use Permit Application No. DRC2011-01094. On behalf of our client, 50 and HMR, and pursuant to Oaodbo Cucamonga 6400jdpa} Code Section 17.82.080, this letter hereby serves as the 600nu] notice of appeal b? SC and BMl of the Planning Commission's August 8, 20lZ denial or CUP[ BC28ll4)1094 and Resolution No. l2-36 setting forth the findings for the dezba> of the CUP. Attached please find check no. 393899Aio the amount nf$2,3288U for the filing fee of such appeal. The CUP in this case is an application for the development and operation of a 2.32 acre parcel located adjacent to the 1-15 freeway along Etiwanda Avenue for the use of a funeral home, including services, visitations and funerals (the "Project"). The proposed use is permitted *d8du the zoning for the property with a CUP. A Mitigation Negative Declaration was prepared as a part of the Project, finding that no significant impacts would result from the proposed land use. In the Staff Report prepared for the Planning Commission, the Staff recommended approval of the CUP, with conditions. The Design Review Committee also deemed the {`zjecLacceptable. 8a part nf the Project the applicant will be required ho complete the additional lanes along Etiwanda Avenue as well as underground the electrical wires alon& the block, io addition toproviding the proposed improvements to the vacant parcel, itself. The Project will also provide additional direct and indirect employment opportunities for residents from both the construction and operation of RIVERSIDE 375o University Avenue, Suite Iso - Riverside, California 92501 SAN ecxwARn/wo55o East Hospitality Lane, Suite 3Uo - San Bernardino, California 92408 SAN DIEGO 501w, Broadway, Suite o00 - San Diego, California 92101 Groshamsavaoe.cvm | ''` " P1168 City of Rancho Cucamonga August 20, 2012 Page 2 the Project. Despite the Project's consistency with zoning and land use regulations for the Parcel, the Planning Commission voted to deny the CUP based upon four findings. Specifically, the Planning Commission found: 1. The Project is inconsistent with Goal LU-1 and Policy LU-1.1 of the General Plan protecting residents of negative impacts on the residential living environmental; 2. The Project is not in accord with the objectives of the Etiwanda Specific plan, Section 5:23311 related to compatible land uses; 3. The Project will be detrimental to the public health, safety or welfare under Section 5.23.201 of the Etiwanda Specific Plan related to odor, fumes, dust, smoke, cinders, dirt, refuse water, waste, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature, or involved in a hazard of fire or explosion;and 4. The Project will be detrimental to the public health, safety or welfare, generally, under the Etiwanda Specific Plan. The findings of the Planning Commission are not supported by substantial evidence and, in fact, the proposed use is expressly permitted in the zoning for the property in question. The only proposed evidence to support the findings of the Planning Commission is the alleged "emotional stress" of the neighbors and, again without any factual support, the alleged reduction in market value of neighboring residences. The proposed Project and request for CUP meets each of the requirements set forth in Rancho Cucamonga Municipal Code Section 17.04.030. The Project is consistent with the General Plan and the Etiwanda Specific Plan. The Staff's original recommendation for approval was further supported by the Mitigated Negative Declaration of environmental impacts. No support exists for the assumption that the proposed use will result in a decline in property values and, as will be presented separately, evidence does exist that funeral service uses do not cause declines in surrounding property values. Nor, given a survey of other property uses within the neighborhood, are claims of "emotional stress' sufficient to support the denial of a permitted land use. The Resolution of Denial No. 12-36, and findings set forth therein, demonstrate that the Planning Commission acted in an arbitrary and capricious manner in making its 367 P1169 City of Rancho Cucamonga August 20, 2012 Page 3 decision by showing a clear bias against the Project, a disregard of the substantial evidence presented that would have allowed all necessary findings for approval to be made, and reliance upon unsubstantiated testimonial evidence and factual misstatements. We will provide additional support for the basis of this appeal, which demonstrates that the Planning Commission's decision should be reversed wholly. We welcome the opportunity to appeal to the City Council. Very try�}i��ours Jennifer M. Guenther,of GRESHAM SAVAGE NOLAN g TILDEN, A Professional Corporation JMG:vw Enclosure X68 1170 Mayer 1 . DENNIS MICHAEL•MaW 'aIM SA„ SPACnow Caunci1 A1,r LMW'LLLJ f J.ALEUNDER, CHUB BuQuET,DIANE Wil-T IAMS f �-'�� Gity Mugc jo!tN R CT,",.SON THE CITY OF RANCHO CUCAMONGA RANCHO C`,UCAMONGA August 13, 2012 HMR Architects Attn: Bill Reseigh 221 Main Street, Suite I Huntington Beach, CA 92648 SUBJECT: RESOLUTION OF DENIAL FOR DRC201 1-01094 Dear Applicant: The Planning Commission denied the above-described project at Its meeting of August 8, 2012. A copy of the signed resolution is enclosed. The decision of the Planning Commission is final following a ten-day appeal period that ends August 20,2012. Appeals must be filed in writing to the City Clerk, state the reason for the appeal, and be accompanied by a $2,328 filing fee. If you have any questions, please call our office at (909) 477-2750. Sincerely, PLANNING DEPARTMENT Lois J. 5 rader Planninn Cnmmiueinn Rkrratary REAL ESTATE 5-1,f 8 NO. 3938990 1929 ALLEN PARKWAY HOUSTON, TX 77019 otlmms PORTER,TEXAS kI.QItIt3,T 08/16/12 3938990 *****x2328.00 PAYTwo THOUSAND THREE HUNDRED TWENTY-EIGHT AND 00/100--------------------- TO CITY OF RANCHO CUCAMONGA 3273463 THE 10500 CIVIC CENTER DRIVE ORDER RANCHO CUCAMONGA , CA 91730 By and or the Comp OF United States of America By and For the Company P1171 i. i CITY OF RANCHO MAMONSA — F21iF a DEPARTNENT 18588 CIVIC CENTER DRIVE RANCHO COCAMONDA CA 91730 989-477-2'/00 RECEIPT: CR171776 DATE: 88/28/12 CASHIER IN FIRCHTR TIME: 15:33:06 BATCH ID: CSFBBZ81 -APPEAL DRC2011-81894 2,329.88 l Planning Fees 2 lesion 4508 i i I- I t i TOTAL PAID j. RECEIVED FROM REAL ESTATE i . i 3?D Pl 172 TAB 31 3�1 P1173 H O M A N & S T O N E No2xNCauFOxNre A PROFESSIONAL CORPORA7TON 2121 N-CALII''MNIA BLVD. sure 290 I W'ALNU'T CREBI(.CALTFOR.1A 94594 (923)9743380 ATTORNEYS AT LAW FACSIMILE:ft)az56318 I 12 NO m FIFIx STREET LOS ANGRESiORANGE COTTY7Y REDLANDS,CALFORNLa,92373 20935 PATHFiNDF'R ROAD,SUITE 100 I (909)307-9380 DIAMOND BAR CALIFORNIA.917$5 FACSIMILE:(909)7934210 (K7)843.0323 FACSIMILE:(909)851.4566 . kpart rson®homan-swnc.com August 1, 2012, I I Pia U.S. Mail and Facsimile (909) 477-284 Mr. Jeffrey A- Bloom, Interim Planning Director Mr. Michael Smith, Associate Planner City of Rancho Cucamonga - Planning Department 10500 Civic Center Drive Rancho Cucamonga, California 91730 RE: APNication for Conditional Use Permit DRC2011-01094 Ii&S Client . SCI Funeral Services California, Inc. Project Site APN 11OM31-07 Subject . REQUEST FOR CONTINUANCE OF FURTHER BEARING SET FOR AUGUST 8, 2012 Dear Mr. Bloom and Mr. Smith: SCI Funeral Services California, Inc. respectfully requests that the Planning Commission hearing to adopt a resolution making the required findings of fact to support its denial of the above- referenced Conditional Use Permit be heard by the full five-member commission- It is our understanding that the full commission will not be present at the August 8, 2012 hearing. Therefore, it is requested that the Inatter be continued to the following members will be present. h earing, wherein it is anticipated that all It is kindly requested that we be provided confirmation that the aforementioned matter will be continued from the August 8, 2012 hearing. Please do not hesitate to contact the undersigned directly at (909) 307-9380 to discuss this matter. Very uuWyours, Kathleen J1Patter s /Esq. -� ��a #4273 P. 003 (nn: P1174 A lication for Conditional use Permit DRC2011-01 094 August 1, 2012 Page 2 Ms. Lori Spilde, Esq. SCI Funeral Services, lnc. via email Mr. Dann I\7arveson, Vice President SCI Funeral Services California, Inc via email - 373 P1175 mom Ram ElmQ A 0 P1176 Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report During the early 2000s, the opening of the portion of the SR-210 Freeway in the City lead to significant residential development in the City's northeastern section of the City, with the Victoria Gardens Lifestyle Center opening in 2005. Various commercial uses were then developed south of the mall and along Foothill Boulevard near the 1-15 Freeway. Today, the City is estimated to be 87 percent built out, with the majority of undeveloped land in the SO I, where approximately 4,156 acres of land remain vacant. Exhibit 4.10-2, Existing Land Uses, shows the existing land uses, and Table 4.10-1 provides the acreage breakdown of these land uses. Over 2,600 acres of vacant land remain in the City, with an additional 4,156 acres in the SOL The vacant lands within the City are located on scattered sites and are surrounded by urban development, except for the larger parcels along and near the Etiwanda Creek at the northeastern section. The vacant lands in the SOI consist of large, contiguous parcels outside the Deer, Day, and East Etiwanda canyons and creeks. 4.10.3 THRESHOLDS OF SIGNIFICANCE The following significance criteria are derived from Appendix G of the State CEQA Guidelines. A project would result in a significant adverse impact related to land use and planning if it would: Threshold 4.10a: Physically divide an established community; Threshold C10b: Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect; and/or, Threshold 4.10c: Conflict with any applicable habitat conservation plan or natural community conservation plan. 4.10.4 GENERAL PLAN GOALS AND POLICIES A number of goals and policies in the proposed 2010 General Plan Update address protection of the City's residential neighborhoods and other desirable land uses. Implementation of these goals and policies and their corresponding implementation actions would reduce impacts on land use and planning. The Land Use, Community Design and Historic Resources Chapter includes goals and policies related to land use, as follows listed below. GOAL LU-1: Ensure established residential neighborhoods are preserved and protected, and local and community-serving commercial and community facilities meet the needs of residents. Policy LU-1.1: Protect neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. Implementation Action: Review and amend the residential zoning classifications of the Development Code to ensue; that the allowable land uses are compatible with densities of residential neighborhoods. Policy LU-1.2: Designate appropriate land uses to serve local needs and be able to I respond to regional market needs, as appropriate. s:wrogaswoebuoo iR�em..io tend 21110.doo 4.10.7 Land Use and Planning 375 P1177 Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report I Implementation Action: Continue establishing cooperative partnerships between the City, other agencies, the development community, and residential organizations through the use of early consultation for project inception. Consider policies and procedures for City staff to require this consultation as part of a pre-application process to ensure that remaining infill properties (vacant, undeveloped, underutilized) are developed to respond to each of the City's unique residential neighborhood's needs. Policy LU-1.3: Encourage commercial centers that serve a broad range of retail and service needs for the community. Implementation Action: Review and amend the Development Code to ensure that the purpose and intent of zoning classifications clearly implement the description of relevant General Plan land use designations. Policy LU-1.4: Continue code enforcement activities to ensure proper maintenance of homes, buildings, yards, and neighborhoods in all areas of the City, and work with businesses and homeowners to gain compliance. Implementation Action: Continue to enforce property maintenance standards, noise regulations, and other property related regulatory standards adopted by the City. Policy LU-1.5: Development of densities and intensities shall be implemented within the ranges specified in the General Plan; neither higher nor lower than the limits of the range. Implementation Action: Review and modify the Development Code, as necessary, to ensure that the development standards- listed for each zoning classification are consistent with and address both sides of the density range. Policy LU-1.6: Encourage small-lot single-unit attached and/or detached residential development (5,200-square-foot lots or smaller) to locate in areas where this density would be compatible with adjacent residential neighborhoods. Implementation Action: Review and modify the Development Code and corresponding zoning maps to ensure that the small-lot single family housing type can be accommodated within those residential districts with an underlying Medium Residential land use designation. GOAL LU-2: Facilitate sustainable and attractive infill development that complements surrounding neighborhoods and is accessible to pedestrians, bicycles, transit, and automobiles. Policy LU-2.1: Plan for vibrant, pedestrian-friendly mixed use and high-density residential areas at strategic infill locations along transit routes. Implementation Action: Review and modify the Development Code and Specific Plans to ensure that those areas identified in Table LU-2 of Chapter 2: Managing Land Use, Community Design, and Historic Resources allow for the type and densitieslintensities of development as outlined. Policy LU-2.2: Require new infill development to be designed for pedestrians and automobiles equally, and to provide connections to transit and bicycle facilities. R9 rojad Wo&b MIRWanW.10 Boa U�2111o.dm 4.10.8 Land Use and Planning 3`l� P1178 Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report f Implementation Action: Continue development review of applications for infill development between the various City departments and regional-serving agencies to coordinate and maximize non-vehicular connections within the proposed developments and connecting to other areas of the City. Policy LU-2.3: Provide direct pedestrian connections between development projects where possible. Implementation Action: Establish procedures that allow City staff, during their review of infill development applications, to require pedestrian access studies to ensure that each development has maximized convenient and safe pedestrian connections to existing surrounding developments and public rights-of-way. Policy LU-2.4: Promote complementary infill development, rehabilitation, and re-use that contribute positively to the surrounding residential neighborhood areas. Implementation Action: Develop guidelines or standards that are specific to potential infill development sites to ensure that developers have considered the individual needs of the community and unique characteristics of the aesthetics, particularly those lots identified within each of the speck mixed use designations. Policy LU-2.5: Facilitate effective use of land constrained by challenging parcel sizes and dimensions, and encourage consolidation of parcels to provide greater development flexibility. Implementation Action: Encourage infill development proposals to combine parcels and achieve superior design solutions to address site constraints and aesthetic quality. GOAL LU-3: Encourage sustainable development patterns that link transportation improvements and planned growth, create a healthy balance of jobs and housing, and protect the natural environment. Policy LU-3.1: Encourage the creation and maintenance of regional employment, cultural and retail destinations, as well as a full range of amenities and services to support residents of Rancho Cucamonga. Implementation Action: Continue to implement the City's economic development programs and community services programs. Policy LU-3.2: Encourage a mix of retail, service, industrial and manufacturing, and professional uses that creates diverse, well-paying employment opportunities. Implementation Action: Focus economic development initiatives on infill sites and on businesses that can provide a range of employment opportunities for skilled and professional workers. Policy LU-3.3: Locate regionally serving land uses with immediate access to the regional transportation network that is designed to provide maximum access capabilities and permit maximum dispersal of traffic. Implementation Action: Review and modify, as necessary, zoning designations along Foothill Boulevard and 1-15 for consistency with General Plan land use designations. RAPmjodsWog1e4007\EIR%DrzftA.10 L nd US 21110.doc 4.14-9 Land Use and Planning 3'1�1 P1179 ( Etiwanda Specific Plan Part 11, Chapter 5 5.23 COMMERCIAL AND OFFICE DISTRICTS .100 Establishment of Commercial and Office Districts In order to carry out policies of Chapter 3, the following Commercial and Office Districts are established: NC .Neighborhood Commercial District FC Freeway Related Commercial GC General Commercial District OP Office Professional District CS .,Community Service District .200 Prohibited, Permitted and Cbnditional Uses .201 Objectionable Uses and Processes Prohibited: No uses shall be permitted and no process, equipment, or materials shall be employed which are found to be detrimental to the public health, safety, or welfare by reason of odor, fumes, dust, smoke, cinders, dirt, refuse water-carried wastes, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature, or to involve a hazard of fire or explosion. .202 -Limitations on Permitted and Conditional Uses on Property in Proximity'to an Existing Church: , No delicatessen, restaurant, service station, theater, auditorium, nor any business selling or serving alcoholic beverages,on or off site,shall be located with 1,000 feet of an existing church use. .203 The following schedule indicates by the symbol"P"the uses that shall be permitted in each commercial district, and by the symbol'C"the uses that shall be permitted upon the granting of a Conditional Use Permit. All other uses shall be prohibited. 1 5-12 8194 31.9 Villenas, Fabian P1180 From: Neal Perry [nealperryl @verizon.net] Sent: Friday, October 26, 2012 9:10 AM To: City Council Subject: Attn:Diane Williams - In favor of funeral home r October 26, 2012 Rancho Cucamonga City Council 10500 Civic Center Drive Rancho Cucamonga, CA Attn: Council Members RE: Etiwanda Funeral Home Dear Council Members, Street. I am in favor of the proposed funeral home to be located at Etiwanda and Candlewood I believe it would bring more economic growth to the community as well as increase surrounding home prices by developing the undeveloped land. Please consider moving forward with this project. Sincerely, Al Neal Perry 6658 Amersham Place Rancho Cucamonga, CA Nea Iperry 1(a)verizon.net ATTACHMENT Q 10/29/2012 Page 1 of 1 From: leah mcilvain [leahmc04 @gmail.com] P1181 Sent: Thursday, October 18, 2012 2:30 PM To: City Council Subject: attn: Chuck Buquet in favor of funeral home Dear City of Rancho Cucamonga City Council, I am writing to you in regards to the proposed Funeral home on Etiwanda. I know that I don't need to tell you of the potential revenue that it will generate for the city. What I do want to bring to your attention is the potential benefits this has to your local small businesses within the City of Rancho Cucamonga. Businesses that will benefit from the proposed funeral home would be local hotels, catering services, small venues for receptions, local restaurants, and your local florist. I am the owner of Tommy Austin Florist. Ina time with the economy on a slow recovery, flowers are becoming more of a luxury and not a necessity. We are independently owned and family operated and with the opening of a local funeral home the potential increase to our business would be significant and extremely beneficial to our future success. I recognize the hard decision that you have to make and would like to keep your constitutes happy, but I believe you have a responsibility to the city to bring in as much revenue as possible, with the revenue generated for the city and the benefits that will come to your local small businesses warrant approval for this funeral home to be built. Sincerely, Leah Mcllvain CITY OF Poem CUCAMO�GA OCT 2 5 2012 RECENED ' Plp�1NiNC file://\\rcv00117\ZDrive$\CMO\SCI emails\Emails since 10-18-2012\attn Chuck Buquet in favor... 10/25/2012 Page 1 of 1 From: leah mcilvain [leahmc04 @gmail.com] P1182 Sent: Thursday, October 18, 2012 2:32 PM To: City Council Subject: attn: Diane Williams in favor of funeral home Dear City of Rancho Cucamonga City Council, I am writing to you in regards to the proposed Funeral home on Etiwanda. I know that I don't need to tell you of the potential revenue that it will generate for the city. What I do want to bring to your attention is the potential benefits this has to your local small businesses within the City of Rancho Cucamonga. Businesses that will benefit from the proposed funeral home would be local hotels, catering services, small venues for receptions, local restaurants, and your local florist. I am the owner of Tommy Austin Florist. Ina time with the economy on a slow recovery, flowers are becoming more of a luxury and not a necessity. We are independently owned and family operated and with the opening of a local funeral home the potential increase to our business would be significant and extremely beneficial to our future success. I recognize the hard decision that you have to make and would like to keep your constitutes happy, but I believe you have a responsibility to the city to bring in as much revenue as possible, with the revenue generated for the city and the benefits that will come to your local small businesses warrant approval for this funeral home to be built. Sincerely, Leah Mcllvain CITY OF RANCHO C13CAKINGA ocl 2 5 2012 RECEIVED - PIP+NNING file:/A\rcv00117\ZDrive$\CMO\SCI emails\Emails since 10-18-2012\attn Diane Williams in fay... 10/25/2012 Page 1 of 1 From: Baron Services Company [baroncleanup @yahoo.com] P1183 Sent: Thursday, October 18, 2012 2:35 PM To: City Council Subject: ATTN: Chuck Buquet October 18, 2012 To the Rancho Cucamonga City Council: My name is Jeff Baron and I am a long time resident of Rancho Cucamonga. I have heard about the proposed Funeral Home and I am definitely for the project. Let me tell you why. Recently I suffered the loss of both of my elderly parents who had moved in with me in my home in Rancho Cucamonga. Both were ill and died within mere weeks of each other. During that terrible time I really could have used the support of a local, nearby funeral home that could have handled all of the arrangements in one place. When you have suffered this kind of blow the last thing you need is more to worry about. Trying to make the arrangements through my church and then finding out they could hold the service but did not help with all of the other details added enormously to my and my families stress level during that awful time. I was frankly shocked when I found out I would have to travel to another city to have the arrangements made for my parents. The funeral home we went to did a nice job but it would have been much better for all concerned had it been more local. Believe me, even those who are against the project if they find themselves in the same circumstances I did, and my family, they will be glad if they have this home nearby. Thank you for listening to me and for the good of our City please support this project. Jeff Baron Thank you, �,�pNGp► Baron Services, Inc. co Office (909) 652-0911 ptrj 25 2p12 baroncleanup@yahoo.com http://www.baronfinaicIcan.com/ RECE1uED file:/A\rcv00117\ZDrive$\CMO\SCI emails\Emails since 10-18-2012\ATTN Chuck Buquet.htm 10/25/2012 P1184 October 18, 2012 To the members of the City Council: I am a painting contractor in the city of Rancho Cucamonga and I am writing today to urge you to support the proposed funeral home project on Etiwanda Ave. The economy of Rancho Cucamonga is struggling and I am having a very difficult time keeping my business running. In the last year, my business has dropped off about 45%. Not only would the funeral home offer contractors like me the opportunity to find more work initially, but because of the nature of the business, it would provide on-going work. Funeral homes are always kept immaculate and in pristine condition, therefore, requiring a lot of up-keep and continuing work for painters, landscapers, plumbers, and many other contractors. It seems unfair to deny work to small businesses when only a handful of residents are opposed to the project. I also live in the area and am concerned that there are no full-service funeral homes available to the residents of Rancho Cucamonga. It is a huge burden on loved ones to have to go outside of a city to provide final services in a time of grief. If there was something local, it would bring help in a stressful time, and relieve the burden of having to travel outside of your city for a funeral. Sincerely, �NCHC CuCa�NGA 'DarrevvSm tiv In OF D.E. Smith Painting ��Z 25 24i2 ENE® 'p�NN�N� REC Page 1 of 2 From: blue leaf[studioflst @yahoo.com] P1185 Sent: Thursday, October 18, 2012 4:18 PM To: City Council Subject: funeral home etiwanda blue leaf studio florist 9760 Baseline rd #105 Rancho Cucamonga CA 91701 9 CITE pF ROM 09 476 1144 CUCAIJVO�G OCT 2 5 2712 Dear Mayor L. Dennis Michael IN� Mayor Pro Tern Sam Spagnolo Councilman William J Alexander R G YL Councilman Chuck Bouquet Councilwoman Diane Williams I am in favor of the proposed funeral home in Etiwanda. I am the owner and principle designer of blue leaf studio florist located at Baseline and Archibald Blvd. in Rancho Cucamonga. I have resided in Rancho Cucamonga for over 25 years. I am also a member of the Rancho Cucamonga Chamber of Commerce. After working as a floral designer since 1972, first in the South Bay and then in the Rancho Cucamonga area, I have seen many changes in the floral industry. I opened my shop in April of 2008, just in time for the recession. Since opening, I have seen many well established shops in the immediate area close or sell their business. I believe that having an upscale florist in a city reflects the prosperity of that city Here is a list of some of the florist that I know of, that have sold or closed since I have opened: Anne Maries - 4th and Vineyard - closed Vickys- Carnelian and Baseline- sold twice since my shop opened and recently closed Conroy's - Day Creek and Baseline Tommy Austins - Terra Vista Towne Center has sold once or twice Flowers Just Because (use to be Alta Loma Florist) Has changed ownership 3 times since my opening in 2008. Not only has the downturn in the economy hurt the floral business, we are now also competing with internet florist, who take the order and then transfer them to us, after taking 30 to 50 percent as well as, grocery stores, selling low quality bouquets and , file://\\rcv00117\ZDrive$\CMO\SCI emails\Emails since 10-18-2012\funeral home etiwanda.htm 10/25/2012 Page 2 of 2 arrangements. This funeral home would be extremely beneficial to the florist in RancHR186 Cucamonga. Flowers for funerals are the main option left to us. Currently, there isn't a quality funeral home in Rancho Cucamonga. Friends and family, who may have already traveled quite a distance, must then travel out of the community to less desirable areas for the service. One of our employees commented on how, after attending memorial services in Upland, many of the attendants went out for a meal and had to travel even farther, to Claremont and later to San Antonio Heights to find an appropriate place to dine. Many of those in the party had also flown in from out of state and stayed in hotels out of the city. It would be a benefit to the residents of Rancho Cucamonga to have the option of a nice funeral home, conveniently located for their visiting friends and family This would allow them to see the community and be able to lodge and dine in our city. As to the concern to a funeral home effecting the value of the neighboring home, I was employed for a time at Green Hills Florist on the grounds of Green Hills Memorial Park located in Rancho Palos Verdes. I do not believe that the mortuary has effected the home values of Rancho Palos Verdes. Thank you for your consideration of this letter. Best Regards, Kathryn Thoreson 0 Rc. OCU�p�Q�1Gp blue leaf studio florist CmoF - RE�E,U� file://\\rcv00117\ZDrive$\CMO\SCI emails\Emails since 10-18-2012\funeral home etiwanda.htm 10/25/2012 P1187 THE ALLIANCE 8604 Pecan Ave—Rancho Cucamonga,CA 91739 - G R 0 U P - Phone: (909)919-0400 Fax: (909)899-4108 cu,..,i Rf.1,nl co.'.raucnov License#719051 A CUSTOMIR DRIYPN COMPANY October 18, 2012 Dear Mayor Michaels, ;:' `.' .h I am the owner of The Alliance Group Commercial Construction. Our office is located here in the City of Rancho Cucamonga. I am also'a long-time resident of the City. I have heard of the proposed funeral home to be located on Etiwanda Avenue and I am definiJtely in support of this development. The economy as you know is and has been in terrible shape for a number of years now. Perhaps the hardest hit industry is the construction industry. Unfortunately, I know of many construction dependent companies that have closed or had to significantly reduce their workforce because of the problems the industry is facing. This project will provide work for a number of local construction related companies. The project will need a General Construction company such as ours, heavy equipment rentals, operators, carpenters, electricians, drywallers, bricklayers, painters, landscapers and more. These people are desperate for the work and this project will bring a ray of light, a lifeline to keep their families fed, and companies in business and homes paid for in these difficult economic times. Ongoingjobs will be created also since the lawns will need to be manicured, the building cleaned etc. I think the overall economic benefit this project will provide and the solace of having a nearby funeral home for residents in their time of need are great reasons why this project should be approved. Sincerely, Jos r eno President The Alliance Group Commercial Construction Rancho Cucamonga R��N �� II`�1188 Thursday, October 11, 2012 To whom it may concern: I recently learned that there is a proposal for a Funeral Home to be positioned in the city of Rancho Cucamonga on Etiwanda Street. Being that I am employed by one of the closer hotels in the area, I felt this was great news. At my place of employment we have held many gatherings for the loss of a loved one. Although we are not equipped to have the actual "wake," I didn't realize that there isn't any establishment available in Rancho Cucamonga that does offer assistance in making all of the necessary arrangements as well as providing the actual service. Along with our meeting and banquet space, our hotel significantly gains from the out of town guests that also need overnight accommodations. I feel this new funeral home would be an asset to our community to further businesses in our area. I have seen the specifics on this new funeral home and it looks to be a very beautiful building with plush landscaping that would turn what is now an empty field into a pleasing sight and would be fitting for our beautiful city of Rancho Cucamonga. Looking into the future, I would want my relatives to remember and celebrate my life by visiting a pleasing, friendly area, close to a nice hotel where they can safely stay, and in a beautiful city. Erin Kitchen Resident of Rancho Cucamonga MON G'�1°F�poC� 25 tip\l R�c�N�O Report Prepared by Neighborhood FuneraleHOmeuAnalysis (prepared by property owners) received 10/31/12 You have been entrusted with the welfare of the public . We are trusting that you will make the right decision . INTRODUCTION CITY OF RANCHO CIA OCT 312012 Impact of a Funeral Home RECEIVED - PLANNING What our city demographics show, is that Rancho Cucamonga is not a retirement Community, with just 7.9% of our population over the age of 65, U.) and with the certainty that our population is living longer than ever,12.1 this leaves very few residents for a funeral home to process. Though we recognize that people of all ages die, the majority are over 65 years old. There is no way to justify this project as being "for the greater good of the entire community" the city demographics do not support this claim. The notion that this city is underserved by mortuaries is absurd. S Etiwanda Gardens, directly across the street from the proposed site already performs the functions proposed by the applicant. There is no need for the residents of Rancho Cucamonga to go outside the city for funeral services, we are currently well served by the existing funeral service providers including The Cucamonga Mortuary already operating within the city. (3.) As well as any number churches in the area. These service providers are easily found in the Yellow Pages. The City's current providers have effectively and discretely handled all aspects of funeral services. All without large conspicuous facilities, and they have done so in a low-key manner. • We all agree that funeral services are necessary and our current providers already operating in this city continue to meet the needs of the community. • This is what our community wants. Not an in-your-face, sixty nine hundred square foot facility that goes against the grain of the historic neighborhood. In addition, this funeral home can only cause a "redistribution" or a shift in funeral services...taking business from our existing independent providers. All tax benefits and Capital Improvements to City land, such as the widening of Etiwanda and employment through construction, landscape and regular day to day business is not unique to a funeral home. Any business at the site will be obligated to make these same improvements to infrastructure and employment. "Dignity Memorial providers offer exclusive benefits, including their • National Transferability of Prearranged Services, the Bereavement Travel Program." 14.1 This program is used in much the same way as a timeshare program works. A customer can trade in their service from any of over a thousand mortuaries they own, for a service elsewhere. Trade your funeral service in a highly developed commercial area surrounded by fast food, gas stations and car washes, for a service in beautiful historical Etiwanda. They are not providing a "much needed" service to our community in as much as they are using a sales tactic and marketing tool which will place a huge burden the local community of Etiwanda with services for the deceased potentially transferred in from other areas. We don't want to end up being the upscale mortuary everyone • wants to have their services at. • The Residents are aware that Cremation is not permissible at the proposed site. The fact that this proposal does not include embalming services at this time, means nothing. The Applicant refers to this project as a "Traditional Full Service Funeral Home". Mike Smith stated; there is nothing in place in the General Plan or the Etiwanda Specific Plan to stop them from requesting to permit these services in the future. We believe once they are established they will garner the permits necessary and begin embalming. • • • Psychological Impact, Testimony & Letters The emotional and impassioned pleas of a community were heard at the Planning Commission meeting of July 2Sth, 2012. (5.) A veteran who fought for our freedom, who served two tours of Vietnam and suffers from PTSD, spoke about his condition, and how it exactly pertains to death, how he cannot get the smell of death out of his nose. How no one could know how badly this will make him suffer. Another veteran who recently served two tours in Iraq spoke of how he never dreamt he would face death again so closely, much less in his own backyard. • People spoke of how helpless they feel, not to be able to protect their children from this. How a little child who is unable to sleep at night without a light on, overlooks the proposed site. A young boy testified that he has asked his parents to move because his father is a police officer and he already faces a daunting task every single day, of the constant reminder that his father may not come home. 0 • We heard a teenage young man describe his happy life in a foster home and how that will end for him and his young brother because they have faced enough death in their life and will have no choice but to ask to be placed in a new foster home. We read letters (6.) from people who are begging you, for their family's sake, not to allow this project to go through. From a resident who suffers from cancer, who began to shake while reading the notice, and how excruciating it is to have one's mortality brought to the forefront of their family life at this difficult time. We read a letter from a psychologist notifying you of the possible adverse psychological effects to the community. (7.1 You see, the • psychology of death is a study in itself. We heard the community speak out in force against this project. j { .). We both read and heard residents take issue with the obsolete zoning laws, the loss of real estate values, the safety of children walking to school, the traffic issues, as well as emotionally compromised bereaved drivers, and the fact that there already exists a site, grandfathered in that holds funerals, weddings, banquets and community events. We've heard many complaints regarding the placing of a funeral home amongst the historic homes, historic points of interest, the • Filipe Winery and the upscale Victoria Gardens Lifestyle Center. • We've read letters from local business's who feel they will be adversely affected, as well as complaints from employees of local business's and of Victoria Gardens Mall. We read a letter from a realtor who stated that he understood the how truly vested a homebuyer is once they purchase their property. (6.) I'm asking you now, to think about your home. Think about your childhood home. Think about your children, and your grandchildren. Home is where you build your LIFE. Family gatherings at the holidays, the warm loving feelings of Thanksgiving and Christmas. Birthdays, Graduations, LIFE. That's what happens in our homes, LIFE. 0 S • Facts to consider The Asian population have, inherent in their culture the concept of Feng Shui (8.) wherein avoiding houses located near sources of Yin or (negative energies) such as a hospitals, cemeteries, mortuaries, landfills or power plants. This affects the ability of many Asians to live in or purchase homes in the area. Historically, (9.) residents from all over the country have always fought to keep funeral homes out of their neighborhoods. There are many civil and court cases going as far back as the 1930's. The establishment of a funeral home would be a constant reminder of death to the surrounding neighborhoods. Appreciably impairing the resident's happiness, or weakening their power to resist disease. • Such an establishment would interfere greatly with the comfortable enjoyment of a family's home to which its owners are entitled. The residents of Etiwanda believe that the information presented in the Staff Report shows the city of Rancho Cucamonga failed to act in a neutral manor and has shown clear support for this project, against the outcry of over 250 residents who oppose it. Please take into consideration the role of the General Plan to protect our historical environment with the overarching goal of maintaining and enhancing the health of Rancho Cucamonga and our residents. 0 • A&B 31 letter from SCI's - HMR Architects to the City states "The general tone of the remainder of the meeting was that the public does not want a funeral home in this location. f 10.) A&B 75: Is a City Memorandum written on City letterhead addressed to the Mayor, every member of the city council, the City Manager, the Assistant City Manager and the City Planner. 11. The memo states that a woman named "Grace Martinez" who attended the March 8th Neighborhood Meeting and who called the residents behavior rude and disruptive and "repeated several times that she was disappointed with the meeting because the "evil forces" in the room" was disappointed with the outcome of the meeting. Grace Martinez does not appear to be a resident of Rancho Cucamonga. She did not sign in at the neighborhood meeting. The • phone number she gave belongs to an alcoholic beverage company called Island Oasis who state that she is not in any way associated with their company. Of the hundreds of residents who called the city to voice their concerns, how did one individual merit a City memo on City letterhead while the entire rest of the community who called were routed to Mike Smith? A &B 132 An email between Donna Kendria and John Thai: The general tone of the letter is; "another piece of good news is they are not asking for a crematorium only a funeral home." (12.) • • Title 17 the Development Code states: 1. To implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan 2. To protect the physical, social, and economic stability of residential, commercial, industrial, and other land uses within the City to assure its orderly and beneficial development This project will be detrimental to the public health, safety or welfare. 113.) California Civil Code 3480 states: "A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the • extent of the annoyance or damage inflicted upon individuals may be unequal. (14.1 California Civil Code 3494 states: "A public nuisance may be abated by any public body or officer authorized thereto by law. • Business Practices of Service Corp International In the death business, SCI is a giant in the industry whose original business plan to "cluster" funeral homes has become a worldwide multi-billion dollar business. (15.) The business practices of this industry giant have been extensively documented by the news media. The CBS news documentary 60 minutes portrays shocking and gruesome depictions of mass graves and broken burial containers in Burr Oaks, IL. "They are accused of removing headstones, digging up coffins and dumping remains in mass graves so they could re-sell burial plots, where hundreds of bodies were thrown out" 116.) Attorney Michael Avenatti states "I think this company is driven by profits above all else." In Los Angeles court he presented testimony by groundskeepers who testified they were ordered to cram new graves so close to old ones, they had to break into existing burial containers and throw human remains in the cemetery dump. 1163 Lawsuits and complaints against this applicant continue to dominate the headlines; 121.) S • The Washington Post reports; An SCI facility storing naked bodies in various stages of decomposition in conditions described as "disgusting, degrading and humiliating." Including the bodies of veterans destined for the hallowed grounds of Arlington Cemetery who were left in an unrefrigerated rack in a garage. (17.) Funeral Home Violence All over the country there have been numerous deaths and injuries including a 5 year old and another juvenile. Also injured were several innocent bystanders in shootings taking place at funeral homes. {18.). Lastly, I have included a professional newsletter geared specifically towards funeral homes called "Mortuary Management". The heading and topic ; "Tumultuous Funerals when the deceased can't • rest in peace". (19.) (20.) You cannot allow this business into the midst of a family neighborhood. These images do not evoke one of a friendly funeral home moving into our neighborhood. But rather, these depictions cause the pain and discomfort of the types of images we have seen in the atrocities of past world wars. Prior to now, we would not have believed these types of things could have occurred here, here, in the United States of America. Much less trying to bully their way into our neighborhood. Crime does occur in Funeral Homes and we as residents do not want this possibility. This business is not desirable and most definitely not wanted in our neighborhood. I • Quotes from the General Plan The General Plan: (22.) is to foster Livability in all communities. Keeping family at the center. Enhancing a sense of community. The city recognizes the positive impacts that an individual's health can have on a person's overall life and lifestyle. A healthy mind is stimulated by its environment. The General Plan focuses on creating a healthy mind as reflected in the goals and polices. Land use planning ensures that land uses are located in proximity to other to achieve economic efficiencies while minimizing • incompatibilities. Rancho Cucamonga is a people first community with a focus on families. We strive to create an environment that leads to stable and healthy families. We have an abiding respect for the heritage we share. Our historic communities - Alta Loma, Cucamonga and Etiwanda are at the heart of our City and must be preserved, honored and enhanced. Rancho Cucamonga vacant land has become a scarce resource. Land use decisions must be carefully crafted to protect the established residential neighborhoods The General plan reinforces established land uses in the city over the last 10 to 15 years by emphasizing protection of existing residential neighborhoods. III • Zoning Etiwanda Site - Neighborhood Compatibility: The Etiwanda site zoning has been overtaken. In the past few years, the area has become entirely residential. As you can see in these Satellite photos, (23.) a progression of about ten years. You can clearly see the area is now dominated by residential properties. Local Mortuaries; In these Satellite photos (24.) you can clearly see other mortuaries located in the area are all surrounded by a density of business. These mortuaries are in the mist of drive thru fast food, banks, auto parts stores, gas stations, car washes and restaurants. • All of the local funeral home sites are surrounded by a density of commercial property and business. The Etiwanda site is not. All of the local funeral homes were built before the residential surrounding them. (25.1 People had a choice. We are not being given a choice. The Etiwanda site is situated in an historic enclave; even the businesses located there are of a quaint nature such as Barbara's Tea House, the Old Court House and the Old Post Office. ( where to this day you can still see chickens roaming free on the property). S • Etiwanda Site vs. Market Analysis Models: We as residents believe that a funeral home will cause a devaluation of our property values. As homeowners, we would never have knowingly purchased property near a funeral home. We have reviewed the Marketing Analysis made by Cushman & Wakefield of Texas. California and the City of Rancho Cucamonga are anomalies in the real estate market f26.) and in the history of property values in the United States. Rancho Cucamonga consistently held higher levels of property value than cities in other states. We have excluded the comparisons from other states as they do not compare to California real estate values. "The report by Cushman & Wakefield states that it did not inspect the Rancho Cucamonga location and • they do not have an opinion of the comparability" In this graph (27.) you can clearly see that between 2003 (pre-announcement) and 2005 (opening) 90804 Long Beach, CA experienced a 46.5% gain. During the same time period 91739 Etiwanda showed more than a 56% gain. Both areas showed significant gain during an aggressive California market. In early 2006 there was a decline in the California market. Both zip codes show decline. However you can clearly see in the graph the Long Beach location has suffered a 114% loss. Whereas the Etiwanda location shows only a 57% loss. The difference? A Funeral Home in 90804 Long Beach. The Long Beach market was unable to recover after the Funeral Home was 0 built. • These satellite photos (28.) show the four locations used as models in the Market Analysis, if you look at these locations side by side with the Etiwanda location, they are clearly not comparable to our neighborhood. • • • Misc. Documents (29.) Legal cases (30.) SCI Appeal Letter (31.) SCI Request for delay of Ratification (32.) Goals, Policies and Objectives • • TAB 1 Rancho Cucamonga attracts successful families in their prime working ages • ',,,f' -- ,d'. r i, l'•47 T " i t 11 gr, ' ' AGE & DIVERSITY � t +ham -- i Rancho Cucamonga is unusual in having much larger shares of younger baby boomers ages -'« 45-54 (16.7%) than Southern California(13.7%). The city also has a large share of people - __. • ages 10-19 (16.0%v. 14.5%). Just 7.9%of Rancho Cucamonga residents were 65 or older versus 10.8%in Southern California. This is consistent with Rancho Cucamonga's success 1 + in attracting successful families in their prime working ages. 4:r • Age Distribution,Rancho Cucamonp&Southern California,2010 ■Rancho Southern Cucamonga California • 15.6% 15.5% 15% s is 113%se i14-31143% 7.3% 56X 4.7% 'r i 1 0-9 10-19 20-24 25-34 35-44 45-54 55-64 65-74 75&Up p A 1 ,I ' I.i Some-American tam,UmtY Surrey census Bureau 2009 t I i Ethnic Distribution,Rancho Cucamonga&Southern California,2010 f Rancho Cucamonga Southern California Rancho Cucamonga is an ethnically diverse o 3,Q% 0.2%American 6.3% 2.2% 0.3% Amerlcan community,but less so than Southern $•8�o California. In 2009,44.5%of city residents African American ,544 4,958 331 African American 471,599 58,558 ty 14,544 -1 1,323,595 were Caucasian compared to 36.5%in the 10.3% 1 ! 11.5% region. Another 33.5%were Hispanic Asian&Pacific Asian Si Pacific 17,023 2 425 422 versus 43.1%in the region. Interestingly, / 41# 9.6%of Rancho Cucamonga residents were of Asian or Pacific Island descent,a little below the region's 11.5%. The city's African-American population was 8.4%, just above the region's 6.3%. • 34.9%r 142.7% 43.1%r 36.5% Hispanic White Hispanic White 57.679 70.570 9,078,667 7.683,719 Saws**wimp Camearwpt Salvo Cows Wow 2009 20 Community TAB 2 Why are people living longer? Page 1 of 2 Hoar Wheys new i) Follow us• Search Contact us O Sign in Royal You an Mn:Home•Out work•Schools 8 Education.•Teaching resources••Key Stage 3 resources••she want to live forever?• Geographical • whMa About us Our work W ed What's on Geography today Press&Media Networks Join us with i .shwa.sews" w oev+w+d sows Long life geography Who wants to live forever? -Why are "° `• Why are people living /•!y� longer people living longer? S. •&: iYJ Long fife futures Where is Granny going? This section looks at the reasons why people now live longer than they ever -1 Ageing issues have done. Staying alive Key questions • What changes have occurred which mean we are now living longer than previous generations? • Are we now more informed about how to prolong our lives? Key concepts • Place • • Human Processes • Cultural Understanding and Diversity What changes have occurred which mean we are now living longer than previous generations? •Acrosmamrstatement •Terms and Condsons,and Cookie use During the twentieth century,life expectancy rose dramatically amongst the world's wealthiest populations 'conuctwebnamt from around 50 to over 75 years.This increase can be attributed to a number of factors including •Download s not seeder Y g t ros+enwnof external improvements in public health,manual and medicine.improved nfwer people smoked.ked.As reduced deaths in mrn•t eta. enmar•i childhood,health and safety in manual workplaces improvetl and fewer people smoked.As a result of this- �mnael et• coupled with a decline in the fertility rate(the average number of children that women have in their lifetime)- O stag[ many major industrial countries are facing an ageing population. It is likely that life expectancy of the most developed countries wit continue to slowly advance and then reach a peak in the range of the mid-80s.According to UN statistics for the period 2005-2010,Japan(82.8 years) i• has the world's highest life expectancy followed by Hong Kong(82.2 years)and Iceland(81.8 years).The world average is 67.2 years and the UK average is 79.4 years. In the U.K.Life expectancy at birth increased by almost a decade in the first 50 years of the NHS(established in 1948).In 1948,40%of people died before reaching pensionable age,but by 1996 this was reduced to just 7%. During the Roman Empire,Romans had a approximate life expectancy of 22 to 25 years.In 1900,the world life expectancy was approximately 30 years and in 1985 it was about 62 years,just five years short of todays life expectancy. life expectancy changes as you get older.By the time a child reaches their first year,their chances of living longer increase.By the time of late adulthood,your chances of survival to a very old age are quite good.For example,although the life expectancy from birth for all people in the United States is 77.7 years,those who live to age 85 will have an average of almost 18 additional years left to live,making their life expectancy almost 83 years. Are we now more informed about how to prolong our lives? The three big reasons that people in the UK are living increasingly longer lives are: • Food supply and nutrition . • Health • Hygiene These three things have all seen marked improvements in standards since the nineteenth and early twentieth centuries.However,another important factor is our knowledge of their importance to our health and life expectancy,and of the steps we can take to ensure that we lead a healthy lifestyle,Our access to relevant information has also improved dramatically as a result of scientific research and methods of information dissemination,for example the Internet. For example: • The packaging of food products at increasing numbers of shops and supermarkets displays the nutritional content of food and uses colour coding so that we know whether it is good for us.The importance of eating a balanced diet is widely known • Government and charity websites provide information about the lifestyle choices we can make in order • to reduce our risk of developing diseases.The effect that smoking cigarettes can have on our health is widely advertised,and wamings included on packaging.In the UK,a smoking ban in public places has been introduced and the age at which young people can buy cigarettes has been raised to 18 years • Adverts on buses and tubes inform us of the importance of washing our hands and covering our mouths when we cough or sneeze in order to reduce the spread of illnesses and diseases.Health and safety legislation provides strict regulations for hygiene in restaurants,hospitals and factories http://www.rgs.org/Our W ork/S chools/Teaching+resources/Key+Stage+3+resources/Who+... 9/11/2012 Why are people living longer? Page 2 of 2 But following a healthy lifestyle is still a choice that we make,and not everyone chooses or is able to do so. Interactive • Living Longer Downloads • You are what you eat(PP1) • Living longer fact sheet activity PDF MSWORD • Risk diary(PDF) Links • UN demographic statistics by country • List of countries by life expectancy Starter How much fat? How much do you know about daily calorie and fat allowances?What about how many calories there are in your favourite meals? Have a look at the'You are what you ear activity to see more information about the amount of fat and number of calories in your favourite foods. Who tells us how much to eat?Why do they tell us this? Where else in the world are people told these things,and where are they not? Main Food,health and hygiene:The key to longer life We are now going to focus on the'big three'reasons why people in the UK live longer lives that the used to before the industrial age. Study the list of facts or view the interactive and categorise them as food,health or hygiene breakthroughs (some might overlap slightly,just put them in both categories). Are there any other facts not mentioned here that you have(i)learned in other subjects(ii)acquired as general knowledge(iii)gained through personal experience(e.g.vaccination jabs or knowledge of local health/hygiene facilities and infrastructure)(iv)gained from watching this National Geographic film about Sardinians,Adventists and Oklnawans. Staying Alive You are now going to write a'risk diary'using the risk diary template.For the next few weeks,keep notes detailing how protected your own life is.You may walk through a fire door or use a level crossing,spot a health warning on a product you use or look at the calorie and fat content on the printed label of the food you eat.Do you fasten your seat-belt or'stand behind the yellow line'as a train approaches? Try to record as many possible instances when you become aware of being subject to rules or advice designed to help you stay healthy and alive. Plenary What did you have for lunch today? Have a brief discussion about school dinners.Should you be allowed to eat whatever you want? • http://www.rgs.org/OurWork/Schools/Teaching+resources/Key+Stage+3+resources/Who+... 9/11/2012 TAB 3 INLAND VALLEY DAILY Bur Erin I dailybulletin.com A5 Ludo''s • Cucarnonga Mortuary mincho l ut(UM'rruu 466-7792; Ii -n Susan McNinch memorial service Saturday 10=.PA The Senior Center Rancho Cucarnonga • Jose Rodriguez Vtgf Tuesday 5 to 9 Lada's Chapel of Peace Pomc, a mass.Ved.9:30Nr1 Our Lady of G., cialu;e frw ndaiP Services Pending Carmella Lock Norma Gomez Cruz Ortiz John W. Gustafson Cresencio Acosta Alfred Pagaduan Clemente Rodriguez Cynthia Gayton • TAB 4 Inland Empire Area Dignity Memorial® Funeral Service Providers mss, . . _ �4n Call Us Anytime TS 800-34-DIGNITY LEI Email Us With 16 Dignity Memorial®providers in the Inland Empire area, we are here to bring you the services you need when it matters most. When you choose one of our funeral homes or cemeteries, you receive the compassionate care you expect from a locally operated establishment, but also the value you deserve from the largest and most trusted network of funeral, cremation and memorialization service providers. Dignity Memorial providers offer exclusive benefits, including National Transferability of Prearranged Services, the Bereavement Travel Program, the 24-Hour Compassion Helpline®and access to an acclaimed grief management library. The Dignity Memorial brand is your assurance of quality, value, caring service and customer satisfaction. We understand losing a loved one is an emotional and difficult experience, and we are committed to assisting families with compassion and care. We are also here for you if you would like to make your final arrangements in advance. The Dignity Memorial network: America's leading funeral homes and cemeteries, united to bring you the services you need when it matters the most. • TAB 5 CITY OF RANCHO CUCAMONGA • PLANNING COMMISSION MINUTES Regular Meeting July 25, 2012 Chairman Munoz called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:12 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Francisco Oaxaca, Ray Wimberly ABSENT: None STAFF PRESENT: Jeffrey Bloom, Interim Planning Director; Jim Markman, City Attorney; Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission Secretary; Mike Smith, Associate Planner; Linda Daniels, Assistant City Manager * * * * * ANNOUNCEMENTS None APPROVAL OF MINUTES Motion: Moved by Fletcher, seconded by Oaxaca, carried 4-0-1, to approve the regular meeting minutes of July 11, 2012. Motion: Moved by Howdyshell, seconded by Fletcher, carried 5-0, to approve the adjourned (workshop) meeting minutes of July 11, 2012. PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. -A request to construct and operate a funeral home (that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located near the southeast corner of Etiwanda Avenue and Candlewood Street - APN:1100-031-07. Related file: Development Review DRC2011- 01094D. Staff has prepared a Mitigated Negative Declaration of environmental impacts for ' consideration 1110 B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2011-01094D-HMR • ARCHITECTS FOR SCI FUNERAL SERVICES, INC- A review of a proposed funeral home (that will not include a crematory, a cemetery,nor conduct embalming)with a floor area of 6,911 square feet and a porte-cochere of 1,371 square feet on a vacant parcel of 2.32 acres (note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located near the southeast corner of Etiwanda Avenue and Candlewood Street- APN:1100-031-07. Related files: Conditional Use Permit DRC2011-01094. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Mike Smith,Associate Planner, presented the staff report. He noted that included in the resolutions is an additional statement that no crematory or embalming is included with this application. In response to Commissioner Oaxaca, Mr. Smith clarified that the resolutions prohibit those uses but it does not prevent them from applying for them at a future date. He said they would have to go through the process. He said a crematory is not permitted in this zone. Brad Buller stated he is representing the applicants. He noted that the Vice President of SCI and the architect and traffic engineer are present. He said he(Mr. Buller)was brought in with respect to code compliance and to develop the site plan. He said the applicants also worked with the Etiwanda Historical Society as they wanted to be consistent with the historic nature of the area. He said the applicants have attempted to address all comments received from the neighbors. He thanked staff and the Historic Society for good guidance. Dann Narveson stated he is the Vice President of SCI and their corporate offices are located out of Houston Texas. He said the company has 1400 funeral homes and they operate 12 funeral homes and 6 cemeteries in the Inland Empire. He said they provide an important service for the 111 community-without cremation or body preparation. He said those services are handled outside of Rancho Cucamonga. Bill Reseigh of HMR Architects noted the main access for the facility is off of Etiwanda Avenue and the cueing for processions will occur under the porte-cochere found on the north side of the building. Glen Abercrombie of SCI stated he is the Marketing Manager. He said the community is in need of a funeral home. He said funerals bring business to local hotels and restaurants. He said they are good neighbors and partner and assist with community events. Chairman Munoz opened the public hearing. The following residents commented and expressed opposition to the project: Martha Godinez, Ofer Masachi, Desiree Diggs, Edward Kim, Carolyn Liu, David Wood, Hezron Mcheniva, Nelson Botay, George Sandoval, Monica Medahli, Christopher Ikeanyi, Aref Fakhoury, Andrea Salgado, Dave Carlston, Delfino Estrada, William Isaacs, Connie Lee, Jaden Sandoval, Wendy Sandoval, Haish Choi, Julio Guero, Jose Torres, Joe Russell, Walter McBeth, Samir Shah, Jessie Ortiz, Susan Olson, Stevie Stallings, Angie Nwanodi, Brady Onishi, Jorge Borda and April Lin. Their general comments included the following concerns: NIMBY (not in my back yard); there are other suitable locations for the applicants to develop; negative effect on children viewing mourners and the constant reminder of death and morbidity, insufficient parking-mourners will park on our streets and in the neighborhood; loss of property values (stated by multiple real estate professionals); a threat to picket/protest if the development does occur;a threat to stop paying taxes if the development does occur; fear of a future crematory; if approved, there would be a loss of pride in the resident's home and would stop investing in home improvements; perceived loss of value in • the local schools/families, residents would not want to send their children to our schools; if Planning Commission Minutes -2- July 25, 2012 embalming were ever allowed,there is a fear of water contamination should embalming be allowed; • mistrust of SCI's report that they would only hold 3-4 funerals per week;traffic concerns because of the narrowing of Etiwanda Avenue and confusion of drivers making a left turn out of the facility; facility should not be located in a residential area;facility would affect how the residents think about life; this project would not "bring happiness" as the other local businesses do (Etiwanda Gardens and Barbara's Teahouse); the facility would be a magnet for crime; the applicants (SCI) run a bad business and have been sued for their business practices; fear of gang related crime occurring spurred on by rival gangs during or following funeral services of gang members; a loss of personal home value in terms of "their dream home"; why should this business locate where they are not wanted; the applicant is"all about money"as they squeeze and buy out smaller funeral homes; real estate agent will take her clients to other communities; people would live in fear and desire to move; the applicants are believed to be of immoral character; property owners have the right to live without a "nuisance"; perceived negative affect on "safe routes to school"; a funeral home is not needed here as there are others available; the facility in this location would be in violation of Title 17.02 of the Municipal Code (Purpose and Intent) of the Development Code as it does not "protect the physical, social, and economic stability of residential, commercial, industrial, and other land uses within the City to assure its orderly and beneficial development,"the business will employ few people and therefore does not bring many jobs to the area; residents came here for peace and quiet; the facility would aggravate an existing PTSD condition of one neighbor; stressed and depressed mourners would not be paying attention as they are driving-safety issue for neighboring residents; the question is not about the zoning - its not a good fit; objection to the way the subdivision was done that left a portion of the lot open which leaves the perception of more added services later. Wendy Sandoval, a neighboring resident, presented a petition with 155 signatures opposing the project as well as a map indicating other prospective properties where this business could locate. The following persons spoke in favor of the proposal: Natalie Cassaro and John Lyons. • The summary of their comments is as follows: The area is underserviced with respect to funeral services as the population is aging; the facility would bring tax dollars and would be good for other local businesses; perception of haunting is unfounded; there should be respect for the families of the deceased; convenient and excellent location; brings jobs; no additional traffic impacts; zoning was considered by founding fathers and they envisioned this possibility; it will help the value of neighbors' property not harm it; facility would help other businesses/restaurants; no compelling reason not to approve. Chairman Munoz closed the public comment section at 9:50 pm (approximately 2+ hours of testimony was taken). He invited the applicant to comment and the applicant declined. Chairman Munoz asked staff to clarify the purpose of a subdivision. Mr. Smith explained that he is referring to the lot line adjustment. He said this can be proposed even if there is no project at all and is not unusual to do this on a commercial property. He indicated on the map the proposed shift of the line to the north. He said the 'not a part' parcel will be independent of this development. He said the project is on one parcel and two parcels will be joined. Jim Markman, City Attorney asked if SCI owns both or just one parcel. Mr. Buller responded there are two parcels. He said SCI did not want to buy the whole lot. He said it was done with respect to negotiating the sale of the lot. He said there previously were 2 lots and there will be 2 lots when this is finished. • Chairman Munoz then asked for Commission comments. Planning Commission Minutes -3- July 25, 2012 Commissioner Fletcher said he read all the letters received with respect to the project. He • summarized some of the concerns; insufficient parking, home values, residents would picket the business,traffic concerns, personal dreams of a peaceful beautiful city would be affected,quality of life, concerns about death, fear of it becoming a crime magnet, affects on children and schools,de- valuing of personal investment in homes, quality of life, occupational hazards, people would walk away from their homes, not the right location, NIMBY, loss of pride in the community and neighborhood. He said the property is zoned Office Professional and this use is permitted. He said the use would have to be approved with respect to the design and tonight for the use aspect. He said the applicants submitted a high quality design that is consistent with the Etiwanda Specific Plan (ESP) and there is no issue with the design. He said the big issue is the use and whether it is compatible with the neighborhood. He said operationally he would say yes. He said he did not think the big concern for traffic or crime would materialize although they may have some periodic traffic impact but that happens throughout the City with other types of operations. He said the staff report indicates property values are more difficult to assess. He commented on a portion of the staff report with respect to potential impacts. He said he thought the project would have a negative aesthetic impact. He said funeral homes have an emotional, psychological stigma attached to them in that it there is an association with death and sad feelings that go with that type of a business. He said he does not agree with the similarity drawn to Etiwanda Gardens and churches as stated in the staff report. He said at Etiwanda Gardens and churches there are multi-purpose operations; they host services, banquets, weddings, baptisms, and social events; funerals are a minimal part of their function. He said funeral homes are related to death and grieving and there is a negative stigma attached to this type of business. He said because of this and the proximity to the neighbors, the historic enclave on Etiwanda Avenue, schools and its close proximity to Victoria Gardens Lifestyle Center, he did not think this use to be appropriate in this location. He pointed out that Victoria Gardens is a"Lifestyle"center. He said he agreed with the residents that this is not an appropriate use and stated he is opposed to the project. Commissioner Wimberly commended staff for the extensive report. He said it addressed many of the comments and concerns presented by the residents at the neighborhood meeting. He said the sentiment and information presented tonight is considered on the spot. He said the DRC looks at the design, the land use, and the ability to fit in to where it is proposed to go. He said the result at that time was that he felt it fit and was compatible. He said the DRC did not consider all the residents brought to us. He said he is still compelled by the rules used to determine compatibility and that alone without the feelings of neighborhood it is a fit and works at that location. He said he could see that the neighborhood has bonded together but he believes the project works and fits. Commissioner Oaxaca thanked staff and the applicants for their hard work and to the residents that participated and expressed their opinions. He said in most cases there are fundamental issues. He said our primary charge is to evaluate proposed projects on the basis on how well they conform to our existing rules, regulations, zoning, the Development Code etc. He said all projects are extensively reviewed in this respect. He said on occasion he believes the Commission has an additional role that he believes will occur more often in the future. He said available property is diminishing; the City is about 90% developed. He said these challenges will not go away-this is a clash/conflict in that it does conform to the rules and codes, but is also creating conflict with an adjacent use. He said they should consider how to balance the rights of a property owner to develop within the framework of the rules and the rights of those who reside or operate businesses adjacently. He said this conflict is not thoroughly addressed in our current General Plan or Development Code. He said the decision must take into account the rules in context and include the existing land uses. He said when these conflicts are not resolved early on, then the result is a non-palatable solution. He said he did not see a palatable solution for this. He said tonight they have a chance to not make one of those unpalatable decisions. He said in spite of the surface conformity of the project with the codes, he did not believe this is the most appropriate use. • Planning Commission Minutes -4- July 25, 2012 Vice Chairman Howdyshell said this has been an insightful meeting and was impressed by the • number of people that came out. She offered compliments to staff and the applicants for their hard work and comprehensive, detailed report on a controversial site plan. She said architecturally the site and design is consistent with the ESP and with design goals. She said zoning was also considered with respect to the General Plan and Development Code. She said they also look at the human element and emotional psychological element. She said it is a positive thing when she hears that a corporate entity wants to be a good citizen. She said we want all corporations to be a good corporate citizen and we want to see them partner with the City. She referred to the comment made where a resident stated, "Why would a business want to be positioned they are not welcome?" She said she is not opposed to having a mortuary in the City, however, she believes this site and project are not the highest and best use considering what the residents have stated what they want . She said she is not in favor and did not think this is the appropriate location. Chairman Munoz said he heard all the concerns; seeing death, parking, home property values, traffic, the number of funerals that may be held. He said with respect to the Development Code and the General Plan, this is not a political decision it is a decision based on code and how this project meets the code in terms of neighborhood compatibility. He said Staff showed this is suitable for this zone; they answered the concern about public notification and how that was expanded; relative to cremations/embalming he said that this application does not include that and how the applicant would have to come back to change that. He said it is unlikely this Commission would do that. He said with respect to the previously approved project, the City would have no control over that; they changed their mind. He said part of the Commission's role is to hear from you the neighbors and from the business and their needs. He said with prior projects we see a fair number where people just don't want it. He said we have a lot of residential in this town and wherever we put something, there will be someone unhappy. He said the residents expressed thanks for good planning in the City and most people are happy. He said with respect to potential crime, nothing was substantiated between funeral home use and crime. He said with respect to property values; these are bad economic times and a funeral home probably won't change that. He said he recently lost a parent and he was glad the city he lived in had a funeral home. He noted it was surrounded by residences. He said it was a pretty busy street and did not notice any crime. He said he was not getting the connection. He said he understands the sentiment about the psychological effects and they are entitled to that and although he understands it, he did not believe that should preclude a business owner's rights to do business in the community. He expressed support of the project. Mr. Markman said that if the project is approved, the Commission could simply approve the attached resolutions and then it could be appealed. He said because no draft resolution of denial was provided, if the Commission votes to deny the project, staff should bring back a resolution of denial to be acted upon at the next meeting. He said the denial would not be in effect until after that vote is taken and suggested that if anyone wants to appeal the action, to carefully track the time period for that appeal. Motion: Moved by Munoz, seconded by Wimberly, to adopt the Resolutions approving Conditional Use Permit DRC2011-01094 and Development Review DRC2011-01094D. The motion failed by the following vote. AYES: MUNOZ, WIMBERLY NOES: FLETCHER, HOWDYSHELL, OAXACA ABSENT: NONE - Based upon Mr. Markman's direction, the following motion occurred: Motion: Moved by Oaxaca,seconded by Howdyshell to bring back a resolution of denial of Item A • to the next meeting for action. Motion carried by the following vote: Planning Commission Minutes -5- July 25, 2012 AYES: FLETCHER, HOWDYSHELL, OAXACA, • NOES: MUNOZ, WIMBERLY ABSENT: NONE -carried i k ! h k OLD BUSINESS C. SELECTION OF THE PLANNING COMMISSION CHAIRMAN AND VICE CHAIRMAN OFFICER POSITIONS (CONTINUED FROM THE JULY 11, 2012 MEETING) Commissioner Fletcher nominated Vice Chairman Howdyshell as Chairman. Vice Chairman Howdyshell agreed with the nomination. Commissioner Oaxaca seconded the nomination Motion: Moved by Fletcher, seconded by Oaxaca, carried 5-0,to select Commissioner Howdyshell to serve as Chairman. Chairman Munoz suggested they move on to the Vice Chairman position nominations. He nominated Commissioner Wimberly to serve as Vice Chairman. Commissioner Oaxaca nominated Commissioner Fletcher. Vice Chairman Howdyshell remarked that Commissioner Fletcher is experienced and voiced support of his nomination. • Motion: Moved by Oaxaca, seconded by Howdyshell, carried 5-0,to select Commissioner Fletcher to serve as Vice Chairman for one year. + R + x x D. SELECTION OF PLANNING COMMISSION DESIGN REVIEW COMMITTEE MEMBERS (CONTINUED FROM THE JULY 11, 2012 MEETING) Commissioners Munoz and Wimberly both stated they would like to remain on the DRC. Commissioner Fletcher nominated Commissioner Oaxaca to give him the opportunity to serve. Commissioner Munoz disagreed stating to serve on the DRC experience is needed. Commissioner Howdyshell suggested they have a rotation-one seasoned, one less seasoned member for succession planning. Commissioner Munoz said this is why we have an alternate and explained that Commissioner Wimberly served as alternate for a long time and learned the ropes in doing so. Commissioner Fletcher said staff members are there and information and training can be obtained from staff. Commissioner Oaxaca stated he is the newest member on the Commission. He said he intends to contribute and learn. He said he was not aware that there needed to be consistent attendance to • get up to speed. Planning Commission Minutes -6- July 25, 2012 Commissioner Howdyshell said she would like to give Commissioner Oaxaca the opportunity and • seconded the motion. Motion: Moved by Fletcher, seconded by Howdyshell, carried 5-0,to select Commissioner Oaxaca to serve for one year on the Design Review Committee (DRC). Chairman Munoz suggested they move on to the second position on the DRC. Commissioner Fletcher said he would be willing to serve. Commissioner Wimberly nominated Commissioner Munoz to remain on the DRC. Commissioner Howdyshell suggested Commissioner Fletcher for the second position. Commissioner Oaxaca seconded the nomination of Commissioner Fletcher. Motion: Moved by Howdyshell, seconded by Oaxaca, carried 5-0,to select Commissioner Fletcher to serve for one year on the Design Review Committee (DRC). * * * * * E. SELECTION OF PLANNING COMMISSION TRAILS COMMITTEE MEMBERS(CONTINUED FROM THE JULY 11, 2012 MEETING) Motion: Moved by Oaxaca, seconded by Munoz,carried 5-0,to select Commissioner Wimberly to serve for a two-year term on the Trails Advisory Committee (TAC). Motion: Moved by Fletcher, seconded by Munoz,carried 5-0,to select Commissioner Howdyshell lor to serve for a two-year term on the Trails Advisory Committee (TAC). * * * * * PUBLIC COMMENTS None * * * * * COMMISSION BUSINESS AND COMMENTS Commissioner Munoz congratulated the new DRC members. Commissioner Munoz said he enjoyed moving the community forward. He said he is currently busy with the League of California Cities. Commissioner Howdyshell thanked Commissioner Munoz. She said he did a great job and she learned a lot. Commissioner Fletcher thanked the Commissioners for the meeting, their deliberation and comments. He said that he thinks when there is overwhelming opposition the Commission cannot ignore the emotional impact on the community. • Planning Commission Minutes -7- July 25, 2012 ADJOURNMENT • Motion: Moved by Howdyshell, seconded by Fletcher, carried 5-0, to adjourn. The Planning Commission adjourned at 10:50 p.m. Approved: August 8, 2012 • • Planning Commission Minutes -8- July 25, 2012 TAB 6 • August 26, 2012 Dear Mayor Michael and City Council Members, We write to add our voices to the growing number of opposition to the SCI proposed funeral home project in front of our home (close to Etiwanda and Church Avenue). It is a very bad proposal,which will have an adverse affect on the sound decisions your council has being making for our great city of Rancho Cucamonga. We commend you for the wonderful decisions the city council has made so far on behalf of the citizens of our beloved city.Your track record has shown that you want Rancho to continue to evolve as a family and community-oriented city,which places the needs of her citizens above every other thing. As parents of young children,we are appreciative of all the sports activities and many other programs offered by the city of Rancho to keep our children busy and engaged all season long. The children have the opportunities to play soccer, basketball, baseball, football and other sports at heavily discounted prices. This and many other provisions you have made for the citizens speak to your visionary leadership. On the basis of what your council has accomplished so far,it will be a serious dent • on your record to antagonize a section of the Rancho residents for inserting a funeral home in the heart of our residential homes.The SCI request, if granted, will fly in the face of the sound decisions you have made so far to ensure that Rancho remains a welcoming city to her citizens. Fortunately,the City Planning Commission,a commission vested with the responsibility to evaluate planning proposals has done the heavy lifting for you.The commissioners diligently listened to both sides (the representatives of the SCI funeral home and the local residents in the affected area) during a protracted meeting on July 25th and decided that that a funeral home is not a good fit for the community. That was a well-reasoned, bias-free decision, and it was a very prudent one.We urge you to respect and endorse the decision of the Planning Commissioners on this issue. They were elected by the people to make planning decisions.They listened with keen interest,observed the situation thoroughly and made the right decision for the city. Please,allow that decision to stand. While voting against the SCI proposal, one of the commissioners made a compelling, pragmatic observation, which should serve as a useful guideline for future development decisions in the city. He said that even though the proposed site for SCI project is designated for commercial development, the city must look into changing the obsolete zoning laws in light of the current activities in some areas. Specifically, he pointed out that the fact that the proposed site for the funeral home • is surrounded by a very large number of residential homes must trigger the question of whether or not the site is still a good fit for certain commercial • developments. In other words, the needs of the residents and the impact on their families and real estate values must be considered before bringing in a new commercial development, which is not compatible with residential values. He pointed out that the zoning laws should be adaptable to the needs of the current inhabitants of any specific area,and not the other way round.The issue here is not what the antiquated zoning laws say,but the suitability of a funeral home in the middle of a residential neighborhood fully occupied by young families who are raising children. The city cannot and should not sheepishly implement the zoning laws with little or no disregard to the potential impacts on the immediate residents. In addition to other questions, the council must consider the health and welfare of the current residents of the area. The planning commissioners clearly pointed out that a funeral home in our neighborhood would adversely alter the lives of the residents,as we know it. It will lead to a serious traffic congestion, serious parking problems as our side walks and driveways would become the parking lot for the funeral home guests, unwanted guests in our neighborhood,including gang members who will attend the funerals of their members and in the process, stage a revenge and/or recruit new members. Above all,our declining property values (due to the current housing crisis in the nation) will take additional hit.This will eventually result in a mass exodus,as people will be forced to walk away from their homes. Contrary to the SCI claim that • their million-dollar construction of a funeral home will help our real estate value,a funeral home is the last thing any potential homebuyer wants to live next to. No one wants to be reminded of death every single day of his or her life. In voting against the SCI proposal, another commissioner asked, "Why would a business want to open up in a neighborhood where it is not welcomed?" It was a bad business decision, she observed.Allowing SCI to build a funeral home in our neighborhood will further drain the city resources as neighbors will call the police constantly to deal with the potential disputes with SCI. While we don't have the money to fight SCI,we have the votes to choose the leaders of our city. The kids were not left out in the campaign. One 11-year old boy stayed up beyond his bedtime on July 25th to add his little voice to the rejection of the funeral home. He told the commissioners that he is scared of death and that the presence of a funeral home right in front of his home will become a constant reminder of death. No mayor or city council likes to fish in troubled water. For the interest of peace,we urge you to be courageous enough to stop this potential disaster by saying a resounding No to SCI. We are confident that you can make such a fitting decision for the well being of our beloved city to continue to earn the trust and support of the voters in our neighborhood. Remember,you are elected to represent our views, morals and values, and we are hopeful that you will be sensitive to our needs. Smith, Michael • From: ly downey[Idowney909 @hotmail.com] Sent: Saturday, June 30, 2012 9:02 PM To: Smith, Michael Mr. Michael Smith,AND EVERYONE ELSE WHO NEEDS TO SEE THIS I EXTREMELY OPPOSE THE MORTUARY PROPOSAL AT ETIWANDA AND CANDLEWOOD AVENUES. Please sto• this •ro'ect immediate) for the •s cholo:'cal sake of all the residents of Etiwanda who will be traumatized by this and it will extend deeply into the community FAR beyond just the streets of its existence. AND THE FUNERAL HOME COMPANY KNOWS THIS AND STILL DOESN'T CARE ABOUT THE COMMUNITY OF PEOPLE IT WILL HOLD IN ITS GRIP OF FEAR AND OVERWHELM AND BECAUSE THIS IS A BUSINESS LIKE NO OTHER---THIS CITY NFFDS TO STOP THIS PLAN IMMEDIATELY. THIS IS COMMON SENSE--NO ONE WANTS TO LIVE NEAR A MORTUARY AND IT IS PSYCHOLOGICALLY DETRIMENTAL TO THE COMMUNITY AS A WHOLE. There is nothing like a lifeless body. It can never come back and to those who lost it will define a moment they will never be the same from. • It will define a moment they never want to relive and never want to be part of in all the arrangements that have to be made to take care of someone they love who now no longer breathes. It is completely traumatic and horrible and painful and everything that death brings to the door of the people it will,when it will. Some feel they can barely breathe at the thought of losing someone and some don't ever recover to how they were before. This cannot be underestimated or overlooked. The psychology of death is a study in itself and something you only want to think about when you have to and not a moment sooner. The torment left behind and the twisting pain, are things you can try to run from but it holds you wherever you try to outrun it. And to be faced with death on a daily basis as a community at large is a petrifying thought Nothing on television can prepare you for what you would see in real life and no one wants to think about the end of their own. I am in Cancer treatment and think about death more often than I would like and understand TOO fully the moments of life needing to be kept as just that—alive and without fear. I live on and off with my daughter constantly as my health needs in the Etiwanda area off the street of Etiwanda. I was with my daughter the other day when we discovered the sign with the word"funeral" in front of the word "home." We had never seen that before, though we travel this road often. It is the way we get to the Victoria Gardens mall and to the Post Office. It also sits across the street from where my • Uncle's services were performed at Etiwanda Gardens, so even coming down that street is painful enough from just that memory alone,let alone the idea of what you have planned. And your sign hasn't been up for 7/2/2012 A & B 43 7 months. Many of us have talked about that in the recent days and we remember there used to be a sign with some mention of what seemed to be an "alcohol permit"being sought last year? IIINow it will be unbearable. DO NOT ALLOW THIS HUGE MONEY-PROFIT-MAKING-COMPANY-TAKING-CARE-OF- DEAD-PEOPI.F BUSINESS TO COME INTO THIS CITY IN THIS AREA—SOMEONE SHOULD BE ASHAMED OF THEMSELVES INCLUDING THE PEOPLE TRYING TO COME IN. I TRY TO NOT THINK ABOUT DEATH,BUT PUTTING IN SOMETHING LIKE THIS WOULD HAVE ME THINKING ABOUT IT EVERY DAY JUST KNOWING IT WAS THERE IS TOO MUCH. I STARTED SHAKING WHEN I SAW IT. THIS IS VERY REAL AND YOU HAVE TO TAKE THIS INTO CONSIDERATION FIRST AND FOREMOST WHEN THINKING ABOUT THIS PROJECT--MY DAUGHTER AND SON-IN-LAW WERE PROMISED ONLY THE AREA TO BE SINGLE-FAMILY-RESIDENCES ONLY—I REMEMBER GOING WITH HER TO ALL THE HOMES IN THE AREA BEFORE DECIDING ON THE ONE SHE CHOSE AND IT WAS ALL EVERY REAL-ESTATE AGENT WOULD TALK ABOUT IN IT BEING A GREAT FAMILY ORIENTED COMMUNITY--NEVER EVER WAS THERE ANY TALK RE:ANYTHING OUTSIDE OF SINGLE-FAMILY HOMES,AND NOW YOU HAVE A TASTE OF A BIG-BUSINESS WANTING TO COME IN—A VERY HIGHLY PROFITABLE BUSINESS WHO IS ALREADY SHOWING THEY DON'T CARE ABOUT THE VERY PEOPLE THEY WOULD BE STEPPING ON. HOW SICKENING. I DON'T WANT TO DIE. NO ONE WANTS TO DIE. AND UNTIL WE HAVE TO WE DON'T WANT TO THINK ABOUT IT AND BE FACED WITH THE CARS AND TRAFFIC AND HEARSES—CARS YOU WILL ONLY SEE HAVING ONLY ONE PURPOSE—WHICH IS TO TRANSPORT DEAD PEOPLE—ON THE STREETS AS CASUAL TRAFFIC. THIS MORTUARY DOES NOT BELONG IN THIS AREA. THIS MORTUARY DOES NOT BELONG IN A RESIDENTIAL NEIGHBORHOOD. THIS A1tECTS MORE PEOPLE WHO DON'T EVEN KNOW ABOUT IT AND ANY PERMIT THAT ALLOWS YOU TO ONLY NOTIFY A CERTAIN PERIMETER DOESN'T MATTER BECAUSE EVERYONE PASSING ON El'WANDA WILL BE AFFEC TED. YOU DON'T WANT SCHOOL CHILDREN TO BE FORCED TO SEE THIS KIND OF THING ON A DAILY BASIS AND IT COULD BE A VERY DANGEROUS SITUATION WITH INCREASED TRAFFIC. KIDS AND PEOPLE OF ALL AGES DON'T HAVE GOOD FEELINGS ASSOCIATED WITH HEARSES,VANS,FUNERAL PROCESSIONS, ETC. BECAUSE THEY EXIST FOR ONLY ONE REASON—TO TRANSPORT A DEAD PERSON—AND THAT BUSINESS DOES NOT BELONG HERE IN THIS AREA AT ALL. BRINGING ONE'S MORTALITY TO THE FOREFRONT OF THEIR EVERY DAY LIFE IS • EXCRUCIATING AND THE ABSOLUTE INSENSITIVITY THAT HAS BEEN ALLOWED FOR IT TO GET THIS FAR IS REPREHENSIBLE. 7/2/2012 A & B 44 MY DAUGHTER WHEN SHE WAS LITTLE UNDERSTOOD WHAT THOSE CARS MEANT • BECAUSE OF HER GRANDFATHER'S PASSING AND SHE HAS BEEN AFFECIED BY THEM EVER SINCE. PEOPLE ARE PEOPLE AND LIVE PEOPLE SHOULD NOT BE FORCED TO BE AROUND DEAD ONES AND MOURNING FAMILIES AS A WAY OF LIFE. SOMEONE HASN'T THOUGHT THIS THROUGH. THIS WILL BRING DOWN PROPERTY VALUES. THIS WILL UPSET THE COMMUNITY UNNECESSARILY AND DISRESPECT AND INSULT OUR CULTURAL AND OTHER VALUES. I DON'T WANT TO DIE,AND I DON'T WANT TO BE FACET)WITH HAVING TO SEE"THAT' PART OF IT`IN FRONT OF ME ON A CONSTANT BASIS. THIS ISN'T RIGHT. THE ONLY PEOPLE WHO HAVE TO DEAL WITH DEATH IN THIS WAY DAILY DO SO BY CHOICE IN THEIR JOB OF WORKING FOR SUCH A COMPANY AND SHOULD KNOW BETTER THAN TO FORCE THEIR WAY OF LIFE ON INNOCENT NEIGHBORHOODS OF PEOPLE WHO BOUGHT HERE WITH THE PROMISE OF THERE BEING NOTHING FOR THEM TO WORRY ABOUT. NOW YOU ARE GIVING THEM SOMETHING TO WORRY ABOUT. LEAVE THAT PARCEL OF LAND TO ITS OWN. • THIS IS WRONG FOR RANCHO CUCAMONGA. THIS WAS A WRONG IDEA FROM THE BEGINNING. I WANT YOU TO KNOW I HATE THIS AND HATED HAVING TO WRITE THIS LEI BECAUSE OF WHAT IT BROUGHT UP IN ME TO HAVE TO DO IT. I AM IN A CANCER RESEARCH STUDY AT USC AND EVERY TIME I HAVE TO FOR MY CAT SCAN AND BLOOD WORK I AM TERRIFIED OF WHAT THEY WM. FIND. I DON'T WANT TO THLNK ABOUT THIS EVERY DAY--HOW INSENSITIVE CAN YOU BE??? TO THE VERY CITIZENS WHO GIVE YOU YOUR JOB BY HAVLNG BOUGHT INTO THE CITY THAT EMPLOYS YOU ALL? WHAT ARE YOU THINKING? THIS IS A TERRIBLE IDEA. THIS IS WRONG BEYOND WORDS. AND I DON'T CARE ABOUT THOSE WHO DON'T HAVE THE SAME SENSITIVITIES AS I DO-YOU ARE SUPPOSED TO CARE ABOUT YOUR RESIDENTS AND THIS IS A NO-BRAINER REALLY. YOU CANT PUT DEATH IN FRONT OF SO MANY---YOU ARE STEPPING ON MANY PEOPLE'S PERSONAL, CULTURAL,AND RELIGIOUS VALUES THEY WERE RAISED WITH LET ALONE THOSE WHO JUST DON'T WANT TO BE THAT CLOSE TO DEATH! IT IS EASY TO UNDERSTAND. • THERE IS NOTHING LIKE DEATH. IT IS THE VERY END OF YOUR LIFE WITHOUT THE CHANCE TO COME BACK. IT IS FOREVER,AND IT IS A HORRIBLE THOUGHT. 7/2/2012 A & B 45 rage 4 01 4F I AM MORE THAN UPSET BY THIS--WHAT KIND OF BUSINESS OWNERS COULD BE • THIS INSENSITIVE TO AN ENTIRE AREA OF PEOPLE BY EVEN PUSHING TO GET A PROJECT LIKE THIS THROUGH WITHOUT EVEN A THOUGHT TO ALL THE RESIDENTS OF THE AREA THEY WOULD BE PUSHING THEMSELVES IN FRONT OF ON AN HOURLY AND DAILY BASIS WITHOUT CARE TO ANYONE HAVING TO WATCH FUNERAL PROCESSIONS AS THE "NEW" VIEW FROM THEIR PROPERTY, OR JUST DRIVING DOWN THE STREET? SCI THAT'S WHO!!! THIS IS SO SICKENINGmm m THERE IS NO CARING IN PROFITEERING AND I JUST NEVER SAW RANCHO CUCAMONGA AS A PLACE THAT WOULD ALLOW THIS TO HAPPEN. THESE PEOPLE MAKE ME SICK!!!! THIS IS SO BEYOND DISRESPECTFUL---EXPECT A FIGHT AGAINST THIS. STOP THIS PROJECT NOW'!'I?IIIIIU 11"11 '1 HELP US MICHAEL!!! PLEASE HELP US NOW!!!!! L. Downey Rock Garden Court,Etiwanda,CA 91739 • • A & B46 7/2/2012 cu r OF RANCHO CUCAMONGA JUL 16 2012 July 13, 2012 RECEIVED - PLANNING Planning Department City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 RE: Permit DRC2011-01094 HMR ARCHITECTS FOR SCI FUNERAL SERVICE Dear Sir, My name is Charles Kao. I'm the home owner located at 12816 Crestfield, Rancho Cucamanga, CA 91739. About quarter mile from the said HMR site. I want to express my disappointment and strongly oppose against the proposed DRC2011-01094 HMR ARCHITECTS FOR SCI FUNERAL SERVICE Permit case. • Since I'm travelling can can't attend the July 28,2012 public hearing. Please register my rejection vote. It's a bad environment violation in the residential area. My California driver license#ialM1111MINS Phone ft is Email address is ckao168 @gmail.com. Current mailing address is 47628 Avalon Heights Ter, Fremont,CA 94539. Please keep me posted on this event and let me know anything I can do to block this permit from passing. Also,please use this letter as my vote against it. Many Thanks, P OP Charles Kao Home Owner, 12816 Crestfield Rancho Cucamonga, CA 91739 • A & 13 33 SCI Funeral Home Page 2 of 3 • • March 2vd 2003 Florida adds to list of SCI lawsuits/More improper burials • September 10th 2010 $200 million class action lawsuit by Eden Memorial Park Management Co., Eden Memorial Park Association for the desecration of human remains Empirical data to substantiate the residents belief that a funeral home will lower our property value is a September 27th 2011 Coldwell Banker report(which is a major mortgage leader). The report states "According to the Appraisal Institute, a poorly kept yard or proximity to commercial facilities such as a funeral home or power plant can lower nearby home value by as much as 15 percent. Home buyers should be aware of this when looking for a home or negotiating a purchase, and may wish to consider resale as well, particularly if they do not intend to stay long." Mayor Michael, I plead that you understand the gravity of this situation deny this project. • Best regards, Joseph J. Russell Another concerned resident and voter REF: http://legal-dictionary.thefreedictionarv.com/Private+Nuisance http://www.voutube.com/watch?v---fCPR5UUVRik • http://www.edenclaims.com/about.nhp http://www.youtube.corn/watch?v=InbldsKi9TE http://www.chron.com/CDA/archives/archive.mpl/2002 3522996/florida-adds-to-list-of-sci-lawsuits-more-improper.html http://mail.aol.com/36962-111/aol-6/en-us/maiUPrintMessage.aspx 9/4/2012 Planning Department, City of Rancho Cucamonga Attention: Mike Smith P.O. Box 807 Rancho Cucamonga, CA 91729 ATTENTION RANCHO CUCAMONGA PLANNING COMMISSION: Building a FUNERAL HOME amongst historic homes, the historic Joseph Filippi Winery, the historic Barbara's Tea House, the banquet hall Etiwanda Gardens, upscale mall Victoria Gardens, and residential homes valued from $500,000 to 1.5 million dollars will MORIFY and UPSET local businesses and home owners. Dear Mike Smith and fellow Rancho Cucamonga Planning Commission, Please do not allow a funeral home to be built in the this beautiful community(Southeast corner of Etiwanda Avenue and Candlewood Street - APN: 1100-031-07). No other city in the world could combine historic homes, the historic Joseph Filippi Winery, the historic Barbara's Tea House, the banquet hall Etiwanda Gardens, upscale mall Victoria Gardens._ and residential homes valued from $500,000 to 1.5 million dollars in one marvelous place. You have done a wonderful job of creating this city and you owe it to yourselves, the businesses, and the residents who have bought into your vision to protect what you have created. • My family and I have invested in Rancho Cucamonga, twice in our lifetime. We would not live anywhere else in the Inland Empire, but this consideration of building a funeral home mortifies and upsets us! My family and I DO NOT WANT A FUNERAL HOME BUILT NEXT TO OUR HOME! Since hearing word of a funeral home being considered for development next to our home, my family has stopped all improvements on our home. There is no point investing or raising a family next to a funeral home. Like every community with a funeral home, this community will become depressed and abandoned. The funeral home will likely do well because of the surrounding beautiful community, but the local businesses will undoubtedly suffer and deteriorate. I foresee the banquet hall Etiwanda Gardens (across the street) becoming the 2nd funeral home, if this one is allowed to be built. This funeral home is EXPLOITING our vulnerable and beautiful community during our city's difficult financial crisis. I urge you to defend the businesses and residents who have invested in your vision to create the most desirable community in the Inland Empire. Sincerely, Dr. Nelson Butay, P -L-enh Phui. Hailey Butay(3 yrs), and Adam Butay (1 yr) • 12943 Bartholow Dr., Rancho Cucamonga, CA 91739 EXHIBIT 0 A & B 32 Smith, Michael • From: Sheila Hernandez[shemandez35986 @gmail.com] Sent: Thursday,July 05, 2012 2:39 PM To: Smith, Michael Subject: NO MORTUARY ON ETIWANDA! To Rancho Planning Division To Michael Smith, Dear Mr. Smith, This letter is to inform you that I totally object to the project planned to put in a Funeral Home at Etiwanda Avenue next to the Post Office. After speaking to my neighbor about this who had spoken to you, she said you had instructed to write a letter to let you know how we feel about the proposed Funeral Home. WE OBJECT/t in' NO FUNERAL HOME/MORTUARY ON ETIWANDA—H{)W SICKENING! A plan for such a business is absolutely objectionable,unreasonable, illogical, and irritating beyond belief that this city will stop at nothing to allow yet another business and into a NEIGHBORHOOD WITH KIDS AND THE ADULTS WHO BOUGHT IN to experience even more traffic and of such an 40 onerous foundation to be part of a family neighborhood! Who thought of this? Who there at your office would trade places with even one person this would affect? NO ONE that's who. The idea of tending to the dead is a horrific enough idea but to place in such an area is an outrage!!! I went to school, worked hard, and decided to move here with my family after much consideration from friends,real estate agents,talking to the local schools, and looking at the area in general. We moved with the boom, and thought we were "really" getting in to a nice, small-town community and feel in general to the immediate surrounding area. We attended a wedding at the Etiwanda Gardens, and have since been to memorials and funeral services there. That one corner area alone at Etiwanda Gardens leaves a feeling when driving by of the family and friends we have LOST, and whose services were held there in a really bad way. I CAN'T IMAGINE HAVING A FUNERAL HOME ON THE OTHER SIDE OF THE STREET! I CAN'T IMAGINE WHAT THIS WOULD DO TO THE ETIWANDA GARDENS WHEN HAVING A WEDDING OR TRYING TO COORDINATE ANYTHING AND DIRECTING THEM ACCORDING TO BEING "ACROSS THE STREET FROM THE FUNERAL HOME!" Oh my god--really? SICKENING. I don't want a double-sided psychological event going on when having to travel down Etiwanda Avenue. We moved here to be around other people, and even with the freeway 210 having opened and so many extra people we were told would never be here from all the extra living arrangements being made by this city in the form of too many apartments, condo's, and houses—the idea of having a home dedicated to dealing exclusively with the dead and services that go along with althat being just feet or even a mile from my home, is psychologically damaging and too much to take or ask from any resident here. A & B 37 7/10/2012 Smith, Michael • From: Gary D.Olson(golson @farmersagent.comi Sent: Wednesday,June 27,2012 1:51 PM • To: Smith, Michael Subject Mortuary Project on Etiwanda Ave Michael, I live and work in Rancho Cucamonga.My home is located just off Etiwanda Avenue at 12783 Rock Garden Court,and my business is located near Foothill and Rochester at 11830 Sebastian Way,Suite 101. I recently noticed a sign indicating that somebody wishes to locate a mortuary on Etiwanda Avenue in Rancho Cucamonga. I would like to voice my strongest opposition to this. The area in question is almost 100% residential with three schools mixed in.A residential area is no place for such an operation.The very thought of placing a mortuary here is ludicrous and idiotic.I do not wish to debate zoning laws and regulations.This is where my family lives!I do not wish them to be forced to see an operation totally and completely associated with DEATH-the most frightening event of our lives.A mortuary would degrade quality of life for those of us forced to see It every day.Additionally,a mortuary would bring our property values down even more. In addition to my written opposition,I would like to state that I'm ready to do everything legally possible to oppose this project,and there are many others in the area who feel the same. My hope is that someone in Rancho Cucamonga's chain of approval(you,perhaps?)will be sensible and put a stop to this NOW,and start working to get the project moved to a more suitable location. Sincerely, Gary Olson ell Gory O. Olson Farmers Insurance Group, Agent 11830 Sebastian Way,Suite 101 Rancho Cucamonga,CA 91730 (909) 786-2280 Phone (856)950-6325 Fax oolson IOfformersagent.com • A & B 51 7/10/2012 rage I on Smith, Michael • From: VANDM Angelo[viangelo77 @yahoo.com] Sent: Saturday,June 30, 2012 6:50 PM To: Smith, Michael Subject: ETIWANDA MORTUARY ABSOLUTE OPPOSITION Mr. Michael Smith Sir, I work at Victoria Gardens and am very upset to know about this proposal to build a funeral home close to where I work. I AM SAYING I OPPOSE THIS ETIWANDA MORTUARY PROJECT COMPLETELY AS DOES MY ENTIRE FAMILY WHO WORKED VERY HARD TO MAKE A LIFE HERE NEVER TO HAVE TO COME ACROSS SOMETHING LIKE THIS. THIS IS AWFUL, PLEASE SIR. I come from a background in Los Angeles where gun-fighting and gang activity is the norm. When my parents divorced, my mom did everything she could to get us into a better area. We moved to Ontario first, and then to "older" Rancho Cucamonga before it was what it is today. • I remember how grateful my sister and I were moving to a place we didn't have to be afraid of in the middle of nowhere, a place we didn't have to hear the sirens coming to, a place where the coroner or mortuaries weren't being called out to come take who were our neighbors and friends, away in their van while we sat behind iron-barred windows hoping the next bullet wouldn't take anyone inside our own house. There is a very distinct feeling being in that type of existence so close to death. It feel hopeless and scary. I have a very bad attachment to anything death, including police cars, hearses, the coroner, funerals in general, and I can't even watch the CSI type shows. I lived too much of what would be considered a crime scene to want to watch it on t.v. This brings to why I am writing to you. A very nice client of the shop that I work at, came in and told me she had seen a sign on her way to the mall that said they wanted to build a funeral home on the way to the mall. The first feeling I had was that I • jumped back, like a smack to my stomach and memories. It reminded me of being at home off Vermont. I hadn't thought of that in a long 7/2/2012 A & B 47 Page 2 of 3 time. The girl standing next to me heard part of what we were talking about and she jumped back too and her face went bad upset. We don't want this anywhere here. So many of us use Etiwanda Avenue to go to home and work and the post office as do so many of the clients in our stores here at Victoria Gardens, they come to shop with us using that street. I was surprised I did not see the sign myself to say what it did. I am used to seeing new homes signs that look just like that for so many years. My client who told me had also not ever seen it before and was very upset while she was in the store trying to shop. She said she was going to call and get information and then call me back. She did and gave me your information to tell you how I feel. I hope you care how I feel. I would care how you feel. I grew with the gangs who didn't care about how anyone felt. I don't want to feel that kind of loss of control over where I live again. As someone who works, shops, lives and does business in Rancho Cucamonga, who comes from the background I did, who come so far and works very close to where this new project is asking to be located, I can only PLEAD TO YOU IN MOTION NOT TO PUT IT IN. FOR ME a PERSONALLY it will be like living the nightmares I had to live in Los Angeles, and for the rest of the people I cared about who I had to leave behind, no matter what it looks like, or what it calls itself, it will be there to deal with dead bodies and that being so close makes me feel nervous and scared and that wont go away. I don't like that feeling. I don't want to feel that feeling. I don't want this project at all being put in. YOU REALLY DON'T KNOW how many people you will be affecting by putting something like that in who would be forced to pass by it on their way to a day out, but after seeing it might feel different. YOU DON'T WANT RANCHO CUCAMONGA BEING ASSOCIATED WITH DEATH---YOU WANT IT TO BE CONNECTED TO THE VICTORIA GARDENS AND THE NICE HOMES AND THE NICE WAY OF LIFE—THE SAFE PLACE IT HAS BEEN AND WHAT MY FAMILY SEES RANCHO CUCAMONGA AS BEING AND THE OPPOSITE OF WHAT IT WOULD BE IF YOU LET THE MORTUARY IN. I don't want a mortuary a block away from where I work or near where I • live it is sickening to me and brings up too much. Even though I tell my client I will write she does not know my story but now you do. I am 7/2/2012 A & B 48 begging you on the life I was lucky enough to leave behind not to put me • near death. It is scary and brings back very bad memories to me to know this project would even be considered for such a prominent area— it doesn't belong—it is dead people being mingled in with live people. That isn't right. Please don't. Death is not for the living neighborhoods. Death is a sadness you try to escape and stay away from. HELP US, PLEASE HELP US. Victor and Mary Angelo Please, this has really rattled my mom and other people I work with. Please help while you still can. This is awful, oh god, please help my family. • A & 49 7/2/2012 8 I uga. , va '7 Smith, Michael • From: Chris Downey[ddlreddbmw @hotmail.com] Sent: Thursday,July 05, 2012 3:23 PM To: Smith, Michael Subject: re: NO mortuary on etiwanda and candlewood! Hi Michael. I AM DEEPLY OPPOSED TO MORTUARY PROJECT! SHAME ON YOU FOR NOT LETTING MORE PEOPLE KNOW ABOUT THIS--AS IT WILL AFFECT MANY, MANY, MANY MORE PEOPLE THAN THE FEW YOU NOTIFIED! 17 WILL AFFECT THE ENTIRE AREA! IT WILL CHANGE HOW THIS AREA IS COMPLETELY AND WHO WANTS TO PASS THAT KIND OF CRAP BUSINESS BY ON THEIR WAY TO A DAY OUT AT THE MALL,TO THE POST OFFICE, TO SCHOOL WITH THEIR KIDS, OR ANYWHERE ELSE? GROSS. THIS BUSINESS HAS REAL AUDACITY IN TRYING TO SNEAK IN AN NOT TELL ANYONE ABOUT IT—SHAME ON ALL OF YOU:.YOU LIVE NEXT TO SOMETHING LIKE THIS! AND YES, WE ALL KNOW THIS KIND OF BUSINESS NEEDS TO EXIST--BUT FOR THE WORST PART OF LIFE--AND THEY NEED TO GO BE NEAR SOME OTHER CITY OR A CEMETERY--NOT A FREAKING NEIGHBORHOOD! I was told to email you so here it is. I put it together late last night and am very upset about this proposal. This is completely ludicrous to try to introduce this type of business into a neighborhood and outrageously insensitive. i don't know if you want it as an attachment or here in an email so I went ahead and cut and pasted it here...I was an am obviously VERY UPSET about this and was TO THE RANCHO CUCAMONGA CITY COUNCIL, Michael Smith and anyone else this involves... I COMPLETELY OBJECT TO THE MORTUARY PROPOSAL IN RANCHO CUCAMONGA, ETIWANDA, ON ETIWANDA AVENUE!!!! MY ENTIRE FAMILY OPPOSES THIS MORTUARY AND I AM GLAD WE CAME TO KNOW ABOUT IT BEFORE IT IS TOO LATE! (NOT THAT THIS CITY DID ANYTHING TO TRY TO BRING IT TO ANYONE'S ATTENTION IT HAD TO BEYOND THE TINY SECTION OF LAND WHEN IT WILL IN FACT RUIN THE LIVES, PROPERTY VALUES, AND AREA IN GENERAL WAY PAST THE NOTIFICATION AREA!!!) TO BE UP THIS LATE AT NIGHT HAVING TO CONSIDER THIS OBSCENE PLAN TO PUT A FUNERAL HOME AT THE AREA OF ETIWANDA AND CHURCH, LEAVES ME MORE THAN UPSET. I AM SO PISSED OFF HAVING TO DEAL WITH HOW UPSET MY WHOLE FAMILY IS AND NOW THEY SAY I HAVE TO SEND A LETTER TO TRY TO MAKE DIFFERENCE--WHICH I DON'T MIND DOING UNDER CERTAIN CIRCUMSTANCES, BUT TO THINK OF THE "WHY" I HAVE TO BE DOING THIS IS MORE THAN UPSETTING! I WORK 14 HOUR DAYS AND HOPE MY CITY WILL KNOW HOW TO HANDLE ITS JOB WITHOUT FORCING ME TO BE PART OF IT---I DON'T SEE THEM HAVING TO DO, INTERVENE, OR 'HELP" ME DO MY JOB, BUT HERE I AM WITH THE REST OF THE COMMUNITY PROTESTING AND HAVING TO HELP THE CITY UNDERSTAND SOMETHING THEY SHOULD HAVE KNOWN FROM THE OUTSET--TO NOT PUT THIS B.S. BUSINESS IN THIS AREA--AND HERE I AM ON THE 4111 OF JULY WRITING THIS OUT SO YOU HAVE IT BY THURSDAY! AND WE DON'T THINK FOR A MOMENT THAT THESE FUNERAL/MORTUARY PEOPLE DON'T KNOW WHAT THEY ARE DOING IN TRYING TO INSERT THEMSELVES HERE INTO THIS COMMUNITY INTO A SINGLE-FAMILY NEIGHBORHOOD THE WAY THEY ARE--THAT ALONE IS DESPICABLE THEY QUOTE THEMSELVES AS "COMPASSIONATE,"IF THAT WERE TRUE THEY WOULD NEVER TRY TO GET INTO AN AREA LIKE THIS. COMPASSIONATE, MY ASS. THESE MONEY MONGERS ARE HERE FOR ONE REASON ONLY—TO MAKE MONEY OFF THE PEOPLE OF THE ETIWANDA AREA OF RANCHO A & B 39 7/10/2012 CUCAMONGA AND WE DON'T WANT THEM HERE. • I USE ETIWANDA AVENUE ALL THE TIME TO VISIT MY FAMILY, GO TO THE POST OFFICE, GO TO THE MALL, GET TO THE FREEWAY, ETC. AS IT IS A MAINSTAY OF THE COMMUNITY, ALREADY! EVERYONE TRAVELS ETIWANDA AVENUE INCLUDING THE SCHOOL KIDS AND THIS IDEA IS SO OBSCENE! KIDS...REALLY? HAVING TO SEE DEATH AND HEARSES AND CARS AND LIMO'S AND EVERYTHING ASSOCIATED WITH INCREASED TRAFFIC AND DECREASED SAFETY FOR THEM AS THEY TRAVEL ON FOOT TO AND BACK FROM SCHOOL??? AND PUTTING THE PARENTS IN THE SITUATION OF HAVING TO RIDE BY THIS ON A TWICE-DAILY RUN??? THIS IS NOT WHAT THEY SIGNED UP FOR WHEN THEY BOUGHT INTO THIS AREA---AND YOU KNOW IT!!! IN FACT, YOU COUNTED ON THEM COUNTING ON EXACTLY WHAT THEY BOUGHT INTO--A PRIVATE, SINGLE-FAMILY HOME NEIGHBORHOOD THEY COULD RAISE THEIR FAMILIES IN WITH ALL THE PERSONAL, SOCIAL, ECONOMICAL, CULTURAL AND WHATEVER OTHER VALUES THEY WOULD BRING WITH THEM. THAT RUNS PART AND PARCEL WITH SELLING A HOUSE---YOU ARE SELLING A LIFESTYLE—A STORY THEY CAN COUNT ON TO LIVE WITHIN. AND WHAT ABOUT THE DEVALUATION OF THE PROPERTY VALUES THAT WILL NEVER COME BACK AFTER PUTTING IN SUCH A DISCONCERTING, FREAKY, DARK, HAUNTING, NOBODY-WANTS-IT- HERE BUSINESS??? BUSINESS??? HAVE YOU EVEN THOUGHT ABOUT THAT? WE DON'T WANT IT AND HAVE EVERY RIGHT TO LIVE WITHOUT THE ENCUMBRANCE OF A BUSINESS LIKE THIS ACROSS THE STREET FROM ANY OF US! AGAIN—HAVING SOLD REAL ESTATE I UNDERSTAND HOW DEEPLY CONNECTED THE HOME BUYER IS TO THE ENTIRE PROCESS WHICH ENTAILS MANY QUESTIONS AND NECESSARY ANSWERS. AND EVERY ANSWER HAS MEANING TO SOMEONE DECIDING ON WHERE THEY WILL LIVE!!! AND AFTER THEY GET IN,SETTLE INTO THE HOME AND THE AREA—THE LAST THING THEY NEED TO DEAL WITH IS THINKING THEY DONT WANT TO LIVE THERE, OR THINKING ABOUT HAVING TO MOVE OUT! AFTER MAKING SUCH A HUGE COMMITMENT—A COMMITMENT THEY EXPECT THE CITY TO RETURN AND ONE THE CITY NEEDS TO RETURN!!! BEING AT HOME SHOULD BRING WITH IT THE FEELING OF "HOME," —SAFETY, SECURITY, COMFORT,AND THE CONNECTION ONLY HOME CAN BRING. IT'S BEEN THAT WAY FOREVER AND IT WILL ALWAYS BE THIS BUSINESS IS INSTIGATORY IN NATURE, IS BAITING TO THE HEARTS OF THOSE IMMEDIATELY LIVING NEXT TO THAT LAND, IS INCOMPREHENSIBLY DISRESPECTFUL, IS SELFISH, UNDERMINING, AND THE CITY IS BULLYING THE RESIDENTS WHO SUPPORT IT. THIS BUSINESS GIVES NO COMFORT—ONLY PSYCHOLOGICAL DETRIMENT AND HAS NO BUSINESS BEING IN OUR NEIGHBORHOOD!!!! GET OUT!!!! I WORK HARD ALL DAY AND HAVE TO COME HOME AND TO DEAL WITH THIS. WHO IS IT THAT EVEN LET THIS PLAN GET THROUGH TO THIS STAGE? Did you really think we wouldnt care THAT YOU ARE ATTEMPTING TO CHANGE THE ENTIRE FEEL OF THE AREA MANY HOMEOWNERS SPENT TOO CLOSE TO A MILLION DOLLARS TO BUY INTO? YOU DON'T PUT A MORTUARY OF ALL THINGS INTO A NEIGHBORHOOD---YOU ARE NOT THINKING HERE!!!! EVERYONE IN THIS AREA IS AND WOULD BE AFFECTED BY THE IDEA OF PUTTING SUCH AN INAPPROPRIATE BUSINESS IN A FAMILY RESIDENTIAL NEIGHBORHOOD!!! I AM ALSO VERY SICKENED BY THE OBSCENE IDEA TO MAKE MONEY OFF DEATH IN THE MIDDLE OF SUCH A FAMILY-SINGLE-FAMILY-HOME NEIGHBORHOOD—FULL OF CHILDREN, SCHOOLS, FAMILIES JUST TRYING TO GET BY, WHO WERE ALL PROMISED IN THE PURCHASE THAT THIS AREA WOULD STAY COMPLETELY FAMILY ORIENTED IN ONLY PUTTING IN MORE HOMES—WHICH WAS WHAT RANCHO CUCAMONGA IS ALL ABOUT. NOW THEY ARE ABOUT MAKING MONEY NO MATTER WHAT. • YOU CANNOT CHANGE AN ENTIRE AREA'S WAY OF LIFE AND MAKE THEM HAVE TO DEAL WITH A & B 40 7/10/2012 SUCH A BUSINESS THAT HAS NO BUSINESS EVEN ASKING TO BE IN A FAMILY RESIDENTIAL NEIGHBORHOOD GO AWAY WE DON'T WANT YOU HERE NOWHERE IN THIS AREA DO WE NEED TO FEEL THE PRESENCE OF A MORTUARY!!!! MYSELF AND MY FAMILY DO NOT WANT A FUNERAL HOME OF ANY KIND ANYWHERE NEAR THIS NEIGHBORHOOD. THIS IS A THOROUGHFARE TO THE VICTORIA GARDENS, SCHOOLS, CHURCH, BUSINESSES, THE POST OFFICE, ETC. IT IS COMPLETELY INCOHERENT THINKING TO PUT IN A BUSINESS THAT IS OF PURE DEATH AND THE LOSS OF A LOVED ONE ON A CONTINUOUS BASIS, EVERY SINGLE DAY, HAVING THE POTENTIAL FOR MULTIPLE SERVICES A DAY INTO A FAMILY NEIGHBORHOOD IT IS INCONCEIVABLE HOW YOU TRIED TO PUT THIS IN AND DIDN'T SAY ABSOLUTELY NO AT THE VERY OUTSET! HOW COULD YOU EVEN THINK TO ALLOW THIS KIND OF BUSINESS IN? ETIWANDA GARDENS IS BAD ENOUGH, BECAUSE THEY DO THOSE KIND OF SERVICES AND IT LEAVES A BAD FEELING ABOUT THE PROPERTY- ONE YOU DON'T WANT TO GO BACK TO-LIKE HAVING TO GO TO A CEMETERY BECAUSE IT IS ALL ABOUT LEAVING SOMEONE YOU LOVE BEHIND AND EVERYTHING DEATH ENCOMPASSES. AND THIS NEW MORTUARY WOULD BE LIKE NO OTHER BUSINESS-NO OTHER BUSINESS!!!! DEATH IS DEATH AND LIFE IS LIFE AND NO ONE ALIVE WANTS TO BE AROUND DEATH AND WE DON'T HAVE TO BE!!!! WHOEVER ON THE CITY COUNCIL WHO THINKS THIS IS O.K., CAN PUT IT ACROSS THE STREET FROM THEIR HOUSE AS LONG AS THEY DON'T LIVE ANYWHERE NEAR US!!!! HOW CAN YOU BE SO INSENSITIVE? OR THINK THIS WOULDN'T MATTER? HOW CAN YOU THINK TO DO THIS TO TAX-PAYING RESIDENTS YOU REPRESENT? HOW CAN YOU THINK TO PUT THIS NEXT TO FAMILIES? HOW CAN YOU THINK TO PUT THIS NEXT TO CHILDREN? HOW CAN YOU THINK TO PUT THIS NEXT TO SCHOOLS? HOW CAN YOU THINK TO PUT THIS IN FRONT OF PEOPLE ON A DAILY BASIS AND FORCE THEM TO BE PUT IN TOUCH WITH THEIR MORTALITY JUST BY HAVING TO SEE IT EVERY SINGLE DAY FOR THE REST OF THE TIME THEY LIVE HERE? PEOPLE BOUGHT IN THIS AREA WERE PROMISED HOUSES ONLY IN THIS AREA YOU CAN'T TO THIS TO USMI"" AND YOU OUGHT TO BE ASHAMED OF YOURSELVES THERE IS POTENTIAL FOR ENORMOUS TRAFFIC PROBLEMS DEPENDING ON HOW MANY FAMILY MEMBERS PER SERVICE AND HOW MANY SERVICES PER DAY! AND THAT IS ONLY THE BEGINNING. AND ONCE YOU LET IT IN YOU CAN'T TAKE IT BACK!!! STOP THIS NOW PLEASE TO HAVE TO SEE HEARSES OF ALL THINGS, EVERY SINGLE DAY AT ANY GIVEN POINT IN A DAY IS REALLY BEYOND WORDS AND A DISGUSTING THING TO PUT IN FRONT OF PEOPLE-YOU CANNOT MAKE THE PEOPLE LIVING IN THIS AREA, WHERE PROPERTY VALUES WILL ABSOLUTELY DROP EVEN FURTHER BEING FORCED TO BE ACROSS THE STREET FROM DEATH ON A DAILY BASIS, EVERY DAY WATCHING HEARSES, LIMO'S, ANY OTHER VEHICLES FOR DEAD BODY CARRYING, AND MOURNING PEOPLE FILING IN AND OUT AS THEIR DAILY NEW WAY OF LIFE BEING FORCED UPON THEM BY THE CITY OF RANCHO CUCAMONGA IS JUST TOO SICKENING. JUST THINKING ABOUT THIS IS NAUSEATING AND ANXIETY PRODUCING! • WE ARE ALREADY TAX-PAYING RESIDENTS-WHERE, IF WE A & B 41 7/10/2012 WOULD HAVE KNOWN THIS WAS EVEN A CONSIDERATION IN • YOUR PLANS WOULD NEVER HAVE MOVED HERE. EVER!!!! THIS WAS FALSE ADVERTISING. A PLACE YOU CALL HOME IS SUPPOSED TO BE FREE OF ANY NEGATIVE, FEELINGS THAT WOULD LEAVE A HOMEOWNER NOT WANTING TO GO HOME-TO BE AFRAID OF GOING HOME BECAUSE OF THE INSENSITIVE BUSINESS OWNERS ACROSS THE STREET...HAVE YOU THOUGHT THAT IT MIGHT BE A VERY BAD DECISION TO PUT IN A BUSINESS LIKE THIS WITH SO MANY PEOPLE ---EVERYONE IN THE COMMUNITY---VOTING AGAINST IT??? THEY JUST MIGHT HAVE SOMETHING TO LOSE... YOU ARE DISGUSTING FOR EVEN ALLOWING THIS PROJECT TO GET THIS FAR! NO FUNERAL HOME IN ETIWANDA, RANCHO CUCAMONGA—STOP THIS NOW111IIIUIIIIum 1. Chris Downey, Rancho Cucamonga, CA • A & B 42 7/10/2012 Tajinder Kaur 12770 Golden Leaf Dr. Rancho Cucamonga, CA, 91739 • March 21, 2012 " Mike Smith & James Troyer CITY OF RANCHO CUCAMONGA City Planner City of Rancho Cucamonga MAR 2 7 2012 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 RECEIVED - PLANNING Michael.Smith ancityofrc.us Dear Planning Department: Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. Sfhis funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. 0.J k hr . 1( mcerely, A & 858 LOS QUADRO • Monday, July 9, 2012 City of Rancho Cucamonga Planning Commissioner Richard Fletcher PO Box 807 Rancho Cucamonga CA 91730 Re: SCI Funeral Home planned for Etiwanda Ave Mr. Fletcher, interest Sunday's Daily Bulletin quotes you as stating you "have not been approached with concerns about this project". Over 300 residents verbalized their concerns about the funeral home at the March meeting at Etiwanda Gardens. 1 was there. The SO and City teams present were inundated with concerns from the residents_ At one point, a resident asked a City representative if"you would like a funeral home in your neighborhood?"and the rude response of"I didn't buy property near a vacant lot"served only to increase the opposition's rancor.The residents spoke vehemently against the use of the property for a funeral home.The only glimmer of hope was the willingness of one resident to help the SCI team locate a more suitable location. Many of us were hopeful that was an option under consideration. In addition to the property devaluation and the"haunting factor"as mentioned in the newspaper story, the opposition stated several other reasons the neighborhood objects to a funeral home: 1) The traffic during school days backs up the full 'h mile below Baseline on Etiwanda every morning for an hour,and every afternoon for an hour,for dual-school drop-offs and pick-ups. 2) The already high traffic levels on the Etiwanda Corridor brings shoppers, diners and movie-goers to Victoria Gardens and Bass Pro Shop, which creates more than enough traffic and noise on this busy street. 3) The traffic on Etiwanda and surrounding streets will increase due to funeral visitations and processions.The processions will become a daily visual nuisance and traffic nightmare for the residents. 4) The noise from the 15 freeway is so loud and bothersome,that more noise from funeral home vehicles, guests and processions is unwarranted and punitive to this community. 5) It is incompatible to place a funeral home within th mile of the 604 Kindergarten through 5th grade students that attend Grapeland Elementary School on Etiwanda Avenue. 6) It is incompatible to place a funeral home within 1,000 6th, 7th, and 81h grade students attending Etiwanda Intermediate just North of Grapeland. 7) Etiwanda Gardens provides luncheons, weddings and occasional funeral services. It seems their modest involvement in providing funeral services is unobtrusive, and-not an issue for the neighbors. Further,the Gardens' ability to provide this service more than adequately handles the funeral needs of our neighborhood. A city-wide need can be met elsewhere. The intrusion of a funeral home and its related activities into this family-oriented community is an unnecessary detriment to the families living here. The tax-paying,property owners of this neighborhood deserve the respect of the City. My community should not bear the burden of the Planning Commission's desire for a funeral home. Sincerely. CITY OF RANCHO CUCAMONGA •slau .C oo.com JUL 1 1 2012 cc: City Council Members 7441 HavenhurstA' 35ancho Cucamonga RECEIVED - PANNING 9173 c� 651. I VI I Smith, Michael From: Pam Hermosilla [reddilchick @gmait.comj Sent: Sunday, June 24, 2012 9:49 PM To: Smith, Michael Subject: That funeral home is a terrible idea. To Community Development: Isn't building a funeral home in a residential area just depressing and unattractive? I strongly disagree to the establishment of this, and I am sure many of the home owners and families in this area do too. Sincerely, A Rancho Resident . • A & B 52 7/10/2012 Smith, Michael • From: yvonne flores [yvonflo @yahoo.com] Sent: Friday, March 30, 2012 2:20 PM To: Smith, Michael Subject: Proposed Funeral Home at Etiwanda & Candlewood, City of Rancho Cucamonga I attended the community meeting held at Etiwanda Gardens Community Center on March 8 and was very disturbed about the plans to build a mortuary so close to the residential dwellings. Why here??? Right now it is a nice and quiet neighborhood then we'll have all sorts of traffic congestion and the idea alone of a mortuary not even two blocks away just does not feel right to me. Please,please the City of Rancho Cucamonga has to deny their petition. We DO NOT want them in our neighborhood!!! Appreciate your advising me of any more meetings and/or gatherings at city hall so we can put in our two cents worth. Thanks. • A & B 53 7/10/2012 • -733O Cvicet ( 3' ' 2d gone",C,. :��r�4 9i72 s Mike Smith & James T yer City Planner City of Rancho Cucamonga .. 10500 Civic Center Drive P.O. Box 807 CITY OF RANCHO CUi,�Il90NGA Rancho Cucamonga, CA, 91730 APR 0 4 2012 Michael.Smith @citvofrc.us p'p�i /* Dear Planning Department: RECEIVED - PLANNING Re: Fiie Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's • enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived orfactual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. • Sincerely, .„..-10....(pure Lk...tat/79_ A & B 54 133050n0rna (re ek6 • rc lt Caccun o ci a c 4 (7 39 Mike Smith & James Troyer 3 / City Planner L/ City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 CITY OF RANCHO CUCAMONGA Rancho Cucamonga, CA, 91730 Michael.Smith(a�cityofrc.us APR 0 4 2012 Dear Planning Department: RECEIVED - PLANNING Re: File Number DRC2011-01094 & 01094D !C YC ! As you are aware SCI Filneral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, • have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. Sincerely, • AS / I 371 Ara A & B 55 rage or Smith, Michael • From: Christine Curtess [chriscurtess @gmail.com] Sent: Friday, June 29, 2012 9:55 AM To: Smith, Michael Subject: Mortuary in Rancho Cucamonga My name is Christine Curtess and I am a resident and real estate agent in Rancho. Is this a god idea to have this structure at this location. What happened to the location on Basline in Old Rancho. I am appalled that something like this is taking place in the newer pat of Rancho. This is not a landmark and will stick out like a sore thumb. Sincerely, Christine Curtess DRE#00933256 Evergreen Realty Cell l 909 996 1883 I F 909 463-2550 http://www.chriscurtess.com • • A & B50 7/2/2012 Bhupinder Jalota 12830 Golden Leaf Dr. Rancho Cucamonga, CA, 91739 CITY OF RANCHO CUCAMONGA March 21, 2012 MAR 2 6 2012 Mike Smith & James Troyer City Planner g City of Rancho Cucamonga RECEIVED - PLANNING 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(&citVofrc.us Dear Planning Department: Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a !continuous reminder of death that undermines the comfort and repose sought in home ownership. + (his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. • incerely,, ce !7 A & B 59 untitled July 3, 2012 Planning Department City of Rancho Cucamonga P.O.BOX 807 Rancho Cucamonga, CA, 91729 This letter is in response to the public hearing for a request to construct SCI Funeral Service . I am AGAINST to this proposal from the beginning.' . live in the area across this proposed funeral home. our family home value is already greatly affected by the negative effect of bad economy and a bad housing market. Then you are are going to add this funeral home to this residentialarea. what would be left of us after many years . This funeral home will add to more reduction to the valueof our family home. what would happen also to the school close to it like the Grapeland Elementary which is rank # 1 in the state California. My child and all the other students effort �. will be gone to waste if you allow this f.home to be constructed in the said.The students will never forget this and it will have a negative effect on the way they study and the inspiration to be the best. Because people will give them a remark of a school near the funeral home. Even now my two other children doesn't like the idea of seeing the sign of a proposed SCI funeral home site whenever we passed by Etiwanda Ave. they said it is creepy and SAD. The church is different than a funeral ,. home TOTALLY different if you think we are close to sacred Heart church. A church holds every function, wedding, baptism and funeral like happy and sad events but Funeral Home does sad events only and it will greatly ffect the peaceful and happy community where my children will grow. o a big "NO" to this funeral home.They can go somewhere where they are far from a nice and quiet residential area where we live in. I am doing this letter to protect the future of my children and my family. Res ec yours, Mrs. Leonila Heerrmm s lla and family 12805 Golden Leaf Drive Rancho Cucamonga, CA, 91739 CITY OF RANCHO CUCAMONGA JUL 0 9 7012 RECEIVED - PLANNING i Page 1 A & B36 h Haris(Qhowdary C'' ) a U ( a b �-1 d c 12847 Colnnade Dr. Rancho Cucamonga, CA, 91739 March 22, 2012 CITY OF RANCHO CUCAIMONGA Mike Smith & James Troyer City Planner MAR 2 6 2012 City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Ac Rancho Cucamonga, CA, 91730 RECEIVED - PLANNING Michael.Smith(a�citvofrc.us Dear Planning Department: Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. •ncerely, 044 OLOrat A & B 60 CITY OF RANCHO CUCAMONGA • Fro . _.;En orv¢N a°oz_ -r = APR 0 2 2012 733: a" � � ' ree t Ranch Cucamonga, CA 91739 RECEIVED - PLANNING Mike Smith & James Troyer City Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(offcityofrc.us Dear Planning Department: Re: File Numb As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. ( ir/ A & B 61 Ci'7r OF RANCHO CUCAMONNGA • 73 ; onoina ree Ct APR 0 2 2012 Ranch Cucamonga, CA 91739 Mike Smith & James Troyer RECEWED - MANNING City Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a�citvofrc.us Dear Planning Department: Re: File Number _-.r tnr-r . .4.¢tiii. � 4 As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. flare) yr-7 dierar r A & 862 ' _ , - -- '-- �-----'--'----------'--- '---- - e - 6/L ) Y\. �� '�--- '�`�- ---_ �--''-''-----'- ------ -- - - ---l� �� } �\ vt-e okrea4 sot a-I at. [—'-------' --~----- -'-- ' ~— --- - --� - -~ � G._ F-J' '�~��-�--'-- � ----� - `~ �'� ` - -- ��` [~1 � �� m�~ /,}z� ~� / �� ~^� y �/- �� -z,- -'�-- � �� - - --~^ ^ - -- � -� - --' � �---�------'�—'r-- ' � z~} . . �� , �~�-~ � ~_�� pmxv��U��W��V��|U�n��-'----�� ^` � r ^�-^' ' ' ' -- ^ -'-- �-- ��_~_ �------- _�__-' _-__--_' --- - oum^ ��r �v/� `-� — -- — ' ----------- -------- • RECEIVED`''~�^-'- -- �---- ----�- ' --' --- - --'---- A & B 64 O • Smith, Michael • From: ken hong tkenhongdc @yahoo.com] Sent: Tuesday, March 13, 2012 5:50 PM To: Smith, Michael Subject: Re: no to funeral home Ken Hong 7331 Shelby Place #35 Rancho Cucamonga, CA 91739 kenhongdc @yahoo.com March 12, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 ,Rancho Cucamonga, CA, 91730 Michael.Smith@cityofrc.us Dear Planning Department: Re: File Numbe ..� �>at�l �"�o aAr As you are aware uneral Services nc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St, Having this funeral home so close would pose a severe psychological discomfort and would be 101, a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: 1. Increase traffic flow 2. Potentially attract gang retaliation at rival gang member's services 3. Raise the question of health risk (whether perceived or factual) 4. Irreparable further the depreciation in property value as much as 15% in some studies 5. Change the tone and ambiance of the neighborhood 6. Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, -.,., tom:-:. .� ,. From: "Smith, Michael"<Michael.Smith @cityofrc,us> `! To: ken hong <kenhongdc @yahoo.com> • Sent: Tuesday, March 13, 2012 2:36 PM Subject: RE: no to funeral home 3/19/2012 A & B 79 • Smith, Michael • From: yvonne flores [yvonflo @yahoo.com] Sent: Friday, March 30, 2012 2:20 PM To: Smith, Michael Subject: Proposed Funeral Home at Etiwanda & Candlewood, City of Rancho Cucamonga I attended the community meeting held at Etiwanda Gardens Community Center on March 8 and was very disturbed about the plans to build a mortuary so close to the residential dwellings. Why here??? Right now it is a nice and quiet neighborhood then we'll have all sorts of traffic congestion and the idea alone of a mortuary not even two blocks away just does not feel right to me. Please; please the City of Rancho Cucamonga has to deny their petition_ We DO NOT want them in our neighborhood!!! Appreciate your advising me of any more meetings and/or gatherings at city hall so we can put in our two cents worth. Thanks. ff25- Ommeri' s, • 4/2/2012 A & B 63 Smith, Michael • From: iconic62488 @mypacks.net Sent: Sunday, March 25, 2012 4:43 PM To: Smith, Michael;Troyer,James; Schrader, Lois; Gillison, John; Victorino,Valerie; Michael, Dennis Cc: neighborhoodfuneralhome @yahoo.com Subject: Conditional Use Permit DRC2011-01094 March 25, 2012 Michael Smith Associate Planner 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: Proposed SCI Funeral Home in Residential Neighborhood (Candlewood/Etiwanda) Dear Mr. Smith et. al, I am sending you a formal complaint, not only about the proposed funeral home at a site that is bounded by residential homes and a school nearby, but also about the City's absence of concern for those living in the area. My fiancé and I purchased a home that is 1100 feet from the planned site just two.years ago. Even though the City may think that only homeowners within 660 feet are impacted by a funeral home and the traffic it generates, that is far from being the case. Candlewood is the street that I use to come home from work and I would be impacted by any such business that is placed on the property. It is also a route I take on the weekends as well. So, I consider myself to be very much affected by any funeral home that is placed in my neighborhood.The funeral home would also create an unsafe situation for our kids, as children walk along Etiwanda to and from school. Not to mention, there are usually kids in the area right across the street from the site. For these reasons, I attended the meeting on March 8th, 2012 that the City didn't notify me was taking place (although I had contacted you directly to ask about any meetings.You would think as the associate planner you would have taken that opportunity to tell me about the community meeting, but because I live over 660 feet away, I was not informed; despite the fact that I reached out to you and asked for information on any meetings addressing this proposal. For this reason, I am ever grateful to some of my concerned neighbors who put the word out and left flyers in the neighborhood telling us all about the meeting. This oversight by a City representative and SCI, created distrust from the onset a feeling that was shared by many at the March 81^ meeting. Several of the neighbors that are right across from the proposed site, didn't receive notices. How can such a large organization like SCI hire a company to communicate the meeting in this way?Or was it the City's responsibility to do so?You would think that SCI 8 the City of Rancho Cucamonga have the resources to do better. Certainly, if you use their logic, they've done this before and should be experts at it. Unless, you really didn't want the neighbors to show up and let you hear our unified voices. It also makes one think about how poorly SCI conducts business if this is its "standard protocol." With respect to trust, I have to relay to you, your fellow planning commission members, and City officials, that SCI is not a company that I would trust in my neighborhood or in any part of Rancho Cucamonga/Etiwanda. I don't care how badly they want a Rancho Cucamonga address as they stated in the meeting. Upon doing some iiiresearch, I have found their business practices to be highly questionable. SCI has been under investigation for poor business management, unethical disturbance of human remains, unlawful practices involving embalmment, and negligence.There are cases either pending or settled(with a judgment against SCI)in several states 4/2/2012 A & B 56 including California, Virginia, Texas(funeralgate), and Massachusetts, to name a few. In the case of a pending class action lawsuit in California, "the Plaintiffs have presented evidence sufficient for the case to proceed to trial, • including internal notes from SCI showing that the company was aware that human remains were being thrown in mass graves in order to make new graves 'fit'."And this is a company that the City would like to have in our community??? I think not! I know that SCI's plans do not currently request any embalmment or preparation of bodies at the proposed site, but a company who bends the rules, violates the law, and basic rights of human decency can't be trusted in any capacity! Whether or not they own and operate the planned site or contract it out, they've shown that they are poor owners and managers of what they call "death care services." I want to make it very clear, that we are not ignorant about the type of people that come to funeral homes.Yes, there are the law-abiding citizens, but there are also gang members and unsavory people as well. My fiancé is a police officer and he has told me how as part of his job, he has gone to funerals to find out the identity of gang members.At times, rivals have shown up to settle a score when they knew that another gang was having a funeral for a member.This is not something we need or want in our community! As it is, the construction going on at Baseline and Shelby has drawn undesirables who have burglarized several homes in the area and broken into vehicles. Because of the economy, home values have dropped. Placing a funeral home in a neighborhood has been known to cause home values to drop 15% or more.We don't want our home values to-decline even further. There are several homes for sale in the area, if you are in high favor of`funeral homes"in such close proximity to residences, come purchase a home here and see how you like having your children walk and.play near a funeral parlor and then to add further insult, watch your home values take a dive. Our community IS NOT in favor of having a funeral parlor near our homes! Put a stop to this. A concerned voter and resident. Andrea Salgado • 13000 Block of Colonial Drive Etiwanda, CA 91739 cc: L. Dennis Michael, Mayor John Gillison, City Manager James Troyer, Planning Director Lois Schrader, Planning Commission Secretary Valerie Victorino • 4/2/2012 A & 8 57 • March 15, 2012 City of Rancho Cucamonga Mike Smith Associate Planner 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: File No ,. %; n-an e `t SCI Fun's'`-" ce Inc. Dear Mr. Smith, You are in a position today to have a significant impact on the quality of life for the resident of Rancho Cucamonga that live in the vicinity of the proposed site for a funeral home. This letter is to let you know that I am adamantly oppose to the proposal for SCI to build a funeral home on the corner of Etiwanda Ave and Candlewood Street. Having a funeral home so close to me will only remain me of death being a few steps way. That can cause one a lot of psychological discomfort There is also safety issue to consider with an increase in traffic flow. The site is situated between two elementary schools. What can and will happen when school lets out and there is a flow of traffic leaving the site. With the housing crises that have caused homes to depreciate by more than fifty percent,the funeral home will only further depreciate the value of the homes in the neighborhood. We have work very home to be able to purchase a home in the great city of Rancho Cucamonga. We enjoy living here and raising our son. That could change if you allow SCI to build their funeral home here. I urge you to strongly oppose the filing. In doing so you will help preserve the peace of mind of all those living in and around the neighborhood. I thank you for consideration in denying SCI proposal. Sincerely, CITY OF RANCHO CUCAMONGA ti . MAR 1 9 2012 w RECEIVED - PLANNING • A & B 65 • 7510 Cra or Plaoe CITY OF RANCHO CUC Rancho Cucamonga, CA, 91739 AMoNGA March 13, 2012 MAR 19 2012 Mike Smith & James Troyer RECEIVED - PLANNING City Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 M is h a e 1.S m i t h(a,citvofrc.u s Dear Planning Department: wk`s Re: File Numb:mp:,:-.?�_r:i„ ah':e, e H ,.at' As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk(whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community nor the lost tax revenue for depreciated home values. As our city representative I beg of you to not let this project move forward. Sincerely, '! • • A & B 66 Smith, Michael • From: leeLukelidalin [lukelii @hotmail.com] Sent: Sunday, March 18, 2012 6:56 PM To: Smith, Michael Subject: Objection on the Project for funeral home home 11C2 Of(• 010€74 , • Oto' V Dear Mike Smith: t1rR� I live in 12929 Quail Ct,Rancho Cucamonga. I am writing this letter to let you know that i don't agree on the idea for set up a funeral home at the corner of the community.It will effect the value of the property which has been decreased so lot already. It will do no good for the kid cause the traffic will be increased.and also, this is the residential area,we don't like the idea for any commercial at all. Thank you for your reconsideration. Please let us know if we have to vote any petition or the schedule for the-new hearing on the issue. regards, 12929 Quail Ct, Rch Cucamonga,Ca 91739 • • A & 3/19/2012 8 67 Smith, Michael rom: be 31'again i! m @bestdealalarms.com] ent: un ay, Ma -f: 12:18 PM To: Smith, Michael Subject: No funeral home at Etiwanda&Candlewood 011• eftti i • 0109Li1'j I don' t want a funeral home built in my neighborhood. Sent from my Verizon Wireless BlackBerry • 1 A & B 68 Smith, Michael • • From: FJou923197@aol.com Sent: Saturday, March 17, 2012 3:32 PM To: Smith, Michael Subject NO Funeral Home!Against funeral home in Rancho File Number DRC2011-01094&010 Attachments: I FuneralHomeStopSCLetter.doc Re: File Numb_Ii e-6FMP:, s,C:141 ;:: % !t)fl Dear Mike/Planning Department: As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. Our area is residential area with excellent school district. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood. . • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Please! Please! Please!!! WE BEG YOU.... Sincerely, 12811 Crestfield Ct. Rancho Cucamonga, CA 91739 fjou923197 @aol.com I A & 669 3/19/2012 7420 Bungalow Way �ancho Cucamonga, CA 91739 s i i a_m ccl o u g h @yahoo.co m March 16, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(acityofrc.us Dear Planning Department: Re: File Num Rc• U, r rSP';% As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Ofaving this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. at incerely, A & B 70 • • A & B 71 Smith, Michael • From: Jenifer Molineux [Jenifer @jenifermolineux.com] Sent: Friday, March 16, 2012 5:34 PM To: Smith, Michael Subject: STOP SCI FUNERAL HOME Importance: High Date 3/16/2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith @cityofrc.us Dear Planning Department: Re: File Numb,s:'_,r i' �!i`6 E: , ^, ; ♦ -s _ As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. A & 6 72 3/19/2012 Sincerely, A Local Resident Remember not only to say the right thing in the right place, but far more difficult still,to leave unsaid the wrong thing at the tempting moment° —5enjamin Franldin Logo-wshadow2 Cell (909)262-23 I 8 aOffice (95 1) 5+7-6400 1 260 Corona Pointe Ct Suite 102 Corona,Ca 92879 Email jenifer@jenifermolincux.com Web www.jeniferMolineux.Com A & B 73 3/19/2012 Smith, Michael ,From: hiufai yan [yanhiufai @gmail.com] nt: Friday, March 16, 2012 4:07 PM To: Smith, Michael Subject: Proposal of Funeral Home next to U.S. Post Office at 7615 Etiwanda Avenue Mike Smith, Associate Planner Planning Department / Community Development, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 March 16, 2012 . C Z 74 t ih er r. 1.p .c l.en . ✓ter Proposal of Funeral Home next to U.S. Post Office at 7615 Etiwanda Avenue I am writing to oppose the above proposal. I am the resident and owner of 2 houses, 12815 Golden Leaf Drive and 13118 Gabay Court , both are within walking.,_distance to the proposed site. I am very worry about the impact of the funeral home to my properties. Both properties are all my life savings and one of them is a rental property that plays a major part of my income. According to this article, '7 neighborhood threats to your home's value' by Brian O'Connell of MainStreet (http://realestate.msn.com/7-neighborhood-threats-to-your-homes- value?gt1=35011&gt1=35012) , . . .certain commercial facilities nearby, such as a power plant or funeral home, can reduce the value of surrounding homes by as much as 151" I believe nobody will like to see their property value reduced and income decreased. I urge the City Planning Department to agree with me and my neighbors to oppose the uneral home project at the aforementioned site. Thank you for your consideration and understanding, 12815 Golden Leaf Drive, Rancho Cucamonga, CA 91739 13118 Gabay Court, Rancho Cucamonga, CA 91739 • 1 A & B74 13023 Quail Court Rancho Cucamonga, CA 91739 conniesmiies @yahoo.com •arch 14, 2012 Mace Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Dear Planning Department: Re: File Num•.a*.r, ° B +.i 1' •it M"rfrxr. As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of is or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that ndowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely,a t� `tom /� „ ``/�by'vrP_A-0 • • A & B 76 Page I of 1 COUNCIL E-MAIL Distributed 3 is-iz From: Wenjun Hang [gracehwj©hotmail.comj Sent: Friday, March 09, 2012 10:52 PM 1. To: City Council Subject: Importance: High I am writing this letter to you in hope that you can support me and my neighbors say NO to the proposed Funeral Home at the corner of Etiwanda Ave and Candlewood St.l strongly oppose to this propose.A funeral home is not a good use of this land. I cannot imagine living so close to a funeral home.My family and my neighbors do not need a funeral home to remind us of death on a daily basis.We don't want to live in a depressed area. I understand that it may bring revenue to our city in the short run.However, this proposed development will negatively affect our city in the long run for the below reasons: 'Lower Property Values—no one want to buy houses near a funeral home. •Higher Traffic Risk for Children -two schools located on the Etiwanda Ave •Possible Health/Mental Problems— uncomfortable feeling of having a funeral home neighbor •Worst Feng Shui—funeral home release negative energies (illness/death) to the neighborhood I love my neighborhood, and I am proud of being a resident of Rancho Cucamonga. I've talked to several neighbors.None of them agree with this propose. We need your help and support.We need you to protect us. Please vote NO to this proposed funeral home development. Thank you! Sincerely, Wenjun (Grace) Hang • A & B 77 3/12/2012 7622 Iron Horse Place • Rancho Cucamonga, CA 91739 wysocki_matt@yahoo.com March 11, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith ancitvofrc.us Dear Planning Department: Re: File Numb r. f6 9t fi. As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home • ownership. This funeral home constitutes a private nuisance (interference with a pe'rson's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. • This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would.have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by.the community. As our city representative I beg of you to not let this project move forward. Sincerely, • 1 „ air-g_. . A & 8 78 12833 Crestfield Court Rancho Cucamonga, CA 91739 March 11, 2012 CITY OF RANCHO CUCANONGA Mike Smith MAR 1 5 2012 Associate Planner City of Rancho Cucamonga p 10500 Civic Center Drive P.O. Box 807 RECEIVED - PLANNING Rancho Cucamonga, CA, 91730 Michael.Smith(Wcitvofrc.us Dear Planning Department: Re: File Numbe As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. is funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparably further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sipcerely, A & B 80 12833 Crestfield Court Rancho Cucamonga, CA 91739 • larch 11, 2012 CITY OF RANCHO CUCAMONGA Mike Smith Associate Planner MAR 15 2012 City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 RECEIVED - PLANNING Rancho Cucamonga, CA, 91730 Michael.S mith(d>citvofrc.us Dear Planning Department: Re: File Numb: -+.;1.t ceRa YT' tk'v,s As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. fithis funeral home constitutes a private nuisance (interference with a person's enjoyment and use of nis or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparably further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, SLAN\rc... _ A & B 81 Israel Garcia •13512 Whitestone Place Rancho Cucamonga CA 91739 March 13, 2013 CRY OF RANCHO CUCAIlA Mike Smith, Associate Planner MAR 15 2012 City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 RECEIVED - PLANNING Michael.Smith @citvofrc.us Dear Planning Department: Re: File Numbe �_ As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that "'landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, 4G{A A & B 82 Laura Rocha Maez CITY OF RANCHO CUCA#ONGA • P.O. Box 250 lancho Cucamonga, CA 91739 MAR 1 4 2012 March 13, 2012 RECEIVED - PLANNING Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smitharcitvofrc.us Dear Planning Department: Re: File Numb =U7. 9?>j9 - As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of 1111-lis or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, • 4:} A & 683 Ron Maez 0 P.O. Box 250 Rancho Cucamonga, CA 91739 March 13, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith @citvofrc.us Dear Planning Department: Re: Fit ii&I9 6 D_,T!1_ 1Q94& 'I,Q9'_,{. .. As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B 84 12763 Golden Leaf Dr Rancho Cucamonga, CA 91739 CITY OF RANCHO CUCAMONGA 1 March 2012 MAR 14 2012 Mike Smith Associate ciate Planner RECEIVED - PLANNING A City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a?citvofrc.us Dear Planning Department: Re: File Number at)',18r-04094DAti. As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of . is-or tier land)'for me, arid'the overwhelining1y majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely Ai, A & 8 85 Araceli R. Hemandez 07331 Shelby Place, #132 CITY OF RANCHO CUCAMONGA Rancho Cucamonga, CA 91739 March 13, 2012 MAR 14 2012 Mike Smith RECEIVED - PLANNING Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Sm ith(cilcityofrc.us Dear Planning Department: Re: File Number n3;u ;/1,19. - 94 & t D: As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of Ois or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that andowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, pia- A & B 86 Smith, Michael • From: Marquez,Alex[amarquez©mwdh2o.com) Sent: Friday, March 09, 2012 6:26 AM To: Smith, Michael Cc: 'Pali Marquez' Subject CSI Funeral Home Waal!. ct oaf r . Qtd Michael, Judging from the reaction of the local residents last night In response to the development of the CSI funeral home on Etiwanda,I wanted to also express our opposition to the development of this business.I don't feel my family and neighbors should be subjected to having this type business in our neighborhood.It will create traffic,bring in undesirables into our neighborhood,and create a somber feeling in the area.It isn't a good"fit"for our neighborhood at all. Since we moved in to the area,I always envisioned having a park built there.It is a good spot,but of course since it is private land that would be a difficult task. Please let this notice serve as an opposition to this business being brought in to our neighborhood.If you have any questions,please call me ae Thank you Rancho Cucamonga,CA • This communication,together with any attachments or embedded finks,is for the sole use of the Intended reclpient(s)anal may contain information that is confidential or legally protected.It you are nal the intergeo recipient,you are hereby notified that any review,disclosure,copying,dissemination, distribution or use of this communization Is strictly prohibited.If you have received this communication in error.please notify the sender immediately by return e-mail message and estate the original and all copies of the communiation,along with any attachments or embedded finks,horn your system. • A & 88 3/13/2012 6 rage 1 or 1 Smith, Michael From: edward kim jedjwkim72 @yahoo.comj Sent: Friday, March 09, 2012 10:30 AM To: Smith, Michael Subject: Opposition to the funeral home Etiwand and Candlewood i.(j1014• • p7Q9t+p Hello Michael, I am a concern resident that will be greatly affected by the proposed Funeral Home project at Etiwand and Candlewood. I am entailing you to voice my disagreement for the funeral home project at the Etiwand and Candlewood location. I The area of the proposed project is a established residential community. Funeral home will have great impact in home values (in dollars and desirableness). 2 There are 2 elementary schools within one mile from the projected lot. There is great deal of foot traffic from students in this area 3 There will be increased/mdjor traffic issues if the funeral home was to be placed in the location. 4 Major emotional and psychological hardships experienced by the residence near the funeral home. Please inform me of any up coming meeting so that I can actively participate in rejecting the proposed funeral home project. Thank you, A & 3/13/2012 B 89 • Friday, March 91h, 2012 Re: SCI Funeral Home 112C2011 ate'4 , • magirt> To Whom It May Concern, This letter is to express my opposition on the proposed project (SCI Funeral Home at the corner of Etiwanda Ave and Candlewood St). I oppose this project for the following reasons: • The psychological discomfort of having a funeral home so close would be a continuous reminder of death which undermines the comfort sought in home ownership. • It would increase traffic flow. • Funeral processions interfering with me exiting my neighborhood. • Funeral services could bring undesirable people into our neighborhood. • Fear of the Funeral Home implementing a Prep room in the future and the City • approving it. • It would lower property values. • If I ever needed to sell my home (due to unforeseen circumstances) it would be more difficult to find a buyer because most people do not want to live near mortuaries. • If this project is approved I will consider selling my home if financially possible. I will not live so close to a funeral home. If other neighbors do the same, it will affect the market values of our homes. Thank you for your time. (1. r n. -6-Z,.nta-J 7467 Crawford PI • A & B 90 rage i or i Smith, Michael • From: WEIDE SHI [colinswd18 @gmail.comj Sent: Monday, March 12, 2012 9:05 AM To: Smith, Michael Subject: Please Stop SCI Funeral Home Dear Planning Department: Re: SiY' 6 ,t094ir 4094D2 -•M As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its • occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Thank you! Sincerely, • A & B 91 3/13/2012 a 4 ..a a Smith, Michael • From: Wenjun Hang [gracehwj @hotmall.com] Sent: Monday, March 12, 2012 10:34 AM To: Smith, Michael Subject: NO to Funeral Home Dear Planning Department: Re: 1/4k:t,Cre t e + • !, As you are aware Sc, Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. • This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Thank you! Sincerely, • A & B 92 3/13/2012 Margot A. Mugica 12940 Evermay Ct. III Rancho Cucamonga, Ca. 91739 nargo@judicatewest.com March 11, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith( cityofrc.us Dear Planning Department: Re akP; r ri'�,. c ra ; o": tl„ :`J;^�: •As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a • ontinuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, off - -1r 3 a .x':^s•_ A & B 93 rage i or t Smith, Michael From: Tim Truong [tim2signet @yahoo.com] Sent: Thursday, March 08, 2012 11:14 PM To: Smith, Michael Cc: neighborhoodfuneralhome @yahoo.com Subject: Re: Funural Home in our Neighborhood Wing.01t r7 , .01 P51 Hi Mike, I attend the meeting this evening, my address at 7502 Bungalow Way, my phone number 909-684-7646. This funeral home IS NOT a good fit in our neighborhood. We DONT want them in our neighborhood. This will create traffic congestion, kid scare to go out and play, my property value will drop big time. So please have this funeral home some where else and GET OUT OF OUR NEIGHBORHOOD. Best Regards, • • A & 8 87 3/13/2012 . ..b.. . .... , Smith, Michael IIIIIFrom: dnluedal @aol.com Sent Monday,March 12,2012 1:44 PM To: Smith, Michael Subject: Re;SCI Funeral Home iIZctot(•olvr • o1044' City of Rancho Cucamonga Planning Dept. 10500 Civic Center Drive Rancho Cucamonga, CA 91730 To the city planning department; We strongly and completely oppose the building of the SCI Funeral Home at the proposed site on Etiwanda Ave. in the city of Rancho Cucamonga. The psychological discomfort of a funeral home in this neighborhood would be a constant reminder of death. The influx of traffic,the lower property values, the likelihood of a gang element being introduced into this area due to this business are all valid reasons to oppose this project. The law recognizes that landowners have the right to the unimpaired condition of the property and the right to reasonable comfort,this business would create so many unreasonable issues. The purpose of a funeral home in this area is absolutely unnecessary due to the fact that directly across the street from the proposed site is Etiwanda Gardens -a multiple use facility that would include funerals. Had we have been informed of such a project,we would have never purchased a home in this vicinity. • We feel it is unreasonable for the city of Ranch Cucamonga to even consider this project. The city of Rancho Cucamonga must update its zoning laws(last updated in 1983)and take into consideration there now exist family neighborhoods, a strong community bound together,where there was once nothing but vacant land. . •uat •urt Etiwanda, CA 91739 • A & 3/13/2012 8 94 a ago 1 uI .:. Smith, Michael From: Jessika (jessika_fmaya©yahoo.com] Sent: Monday, March 12, 2012 5:27 PM To: Smith, Michael �/ Subject: Re: Form Letter To Stop SCI Funeral Home moat r • QYoinert) 12790 Golden Lef Dr. Rancho Cucamonga, Ca 91739 Sm ayaasemprautilities.com 3/11/2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Stnith@citvofrc.us Dear Planning Department: Re: File Number DRC2011-01094 & 01094D • • As you are aware SCI Funeral Services Inc.is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: Increase traffic flow Potentially attract gang retaliation at rival gang member's services Raise the question of health risk(whether perceived or factual) Irreparable further the depreciation in property value as much as 15% in some studies Change the tone and ambiance of the neighborhood Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move • forward. A & B 95 3/13/2012 Sincerely, • • A & B 96 3/13/2012 rage i or Smith, Michael • From: Jesse Ortiz Uesse_ortiz420 @yahoo.com] Sent: Monday, March 12, 2012 7:45 PM To: Smith, Michael Subject: Re: proposed development toil •at 044 , 0104 n Mike, i would like to write on behalf of the proposed development of a single story funeral home that is proposed just behind my property. I recently attended the neighborhood meeting and was not surprised by the outcome of my neighbors. many of my concerns were brought up in this meeting such as the reduced price value of my house.. after doing some math i found that my house value could drop a potential $80,000. I also noticed that this could cause a larger amount of traffic in the neighborhood. my main concern is the safety of my children, i do not feel safe having my children play outside next to such a type of facility. i along with many others believe that this just is not the place to build a funeral home. i will not allow it to be built and am prepared for whatever must be done to stop it. i do apologize for any inconvenience this may cause you but i must look out for the psychological impact this may have on my children and family as a father all i want is the best for my kids. sincerely, d'k- From: "Smith, Michael"<Michael.Smith@cityofrc.us> To:jesse_ortiz420 @yahoo.com Cc: "Henderson, Larry"<Larry.Henderson @cityofrc.us>; 'Victorino,Valerie" <Valerie.Victorino @cityofrc.us> • Sent: Tuesday, January 17, 2012 8:49 AM Subject: RE: proposed development Hello, Julio I have received your correspondence regarding the proposed funeral home, Conditional Use Permit DRC2011- 01094 and Development Review DRC2011-01094D. At this time, the project is currently being reviewed by the City and no public hearing has been scheduled. I will incorporate your e-mail as an exhibit in the Staff Report that will be presented to the Planning Commission as part of their review of the proposal. When the project is scheduled for a public hearing, you will receive a notice of the public hearing in the mail if your property is within 660 feet of the project site, Also, there will be a notice posted on the two signs that have been erected on the property and a notice will be printed in the local newspaper. The meetings are held on the 2nd and 4th Wednesdays of the month at 7:00pm at the City Council Chambers. In the meantime, you can always contact me periodically to determine the status of the application. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext.4317 michael.smith@cltyofrc.us From: Victorino, Valerie On Behalf Of Planning, City Sent: Tuesday, January 17, 2012 6:56 AM To: Smith, Michael Cc: Henderson, Larry A & B 97 3/13/2012 Subject: FW: proposed development Please assist. Valerie Victorino, CAP-OM Secretary Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext.4327 (909)477-2847 fax vaterie.victorino@cityofrc.us E From: Jesse Ortiz [mailto:Jesse_ortiz420 @yahoo.com] Sent: Monday, January 16, 2012 5:13 PM To: Planning, City Subject: proposed development To whom it may concern, my name is Julio Aguero I recently contacted someone in regards to my concerns about the proposed development of a single story funeral home that is to be built just next to my house. My concerns are that this development will cause heavy traffic near my home witch is located in a residential community. i am new to the area and love the price value of the area. A huge concern of mine would be the value of my house to be lowered because of this facility. also i do not like the fact of raising my two children next to a facility that stores dead bodies i was asked from the person i talked too to write a letter regarding my concerns i would greatly appreciate it if you could please give me a call back thank you, -Julio Aguero • A & 8 98 3/13/2012 rage i or z Smith, Michael From: Adele Luna [adelama64 @hotmail.com] Sent: Tuesday, March 13, 2012 7:43 AM To: Smith Micha- Subj kateTr.;;4e mitt 7531 Exbury Place Rancho Cucamonga. CA. 91739 (adelama64 @hotmail.com) March 12, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Dear Planning Department: 41 Re: File Number DRC2011-01094 & 01094D As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to ourneighborhood. It would: Increase traffic flow Potentially attract gang retaliation at rival gang member's services 3/13/2012 A & 8 99 • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies Change the tone and ambiance of the neighborhood Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, Sent from my iPhone • A & B100 3/13/2012 va a Smith, Michael From: denise arkle [denisearkle @hotmail.com) Sent: Tuesday, March 13, 2012 8:16 AM To: Smith, Michael Subject: Funeral home Attachments: ATT00001.txt wC4olt• 0toer4 , • QteenFt) Mr. Smith, I live on Crawford street near where the funeral home is going up and I would not want that to happen. I do not want my home down down in value anymore then it has and would love to see something more positive go there. Park, restaurant, strip mall, anything else!! I have researched and heard a lot about this funeral home being dose to fontana and how this could bring gang activity by my house!!! I live in rancho for a reason and not fontana!!! I have two small boys under two years old and I would not want this around them. My husband is gone for work a lot and I do not feel safe with that information. Please reconsider this and make something useful there!!! NO on the funeral homeln! • • 3/13/2012 A & 13101 7340 Sonoma Creek Court Rancho Cucamonga, Ca91739 Andyiayayadi(Whotmail.com • March 13, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a�cityofrc.us Dear Planning Department: Re: WI eT 204 =0 ".09h':$?0°109 ,C r; As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. Ohis funeral home constitutes a private nuisance (interference.with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & B102 7340 Sonoma Creek Court Rancho Cucamonga, Ca91739 Ilene.setiawan@hotmail.com 0 March 13, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(a�cityofrc.us Dear Planning Department: Re: I -07174.41.09:4441.P. As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. •his funeral home constitutes a private nuisance (Interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious Impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, IR A & B103 rage I UI I Smith, Michael From: khushwant singh [ahiksvet @hotmail.com] Sent: Friday, March 09,2012 10:23 PM To: Smith, Michael Subject: Funeral home FC2O(1.01o7c{ , . 01 1) MY NAME IS KHUSHWANT S AHI.I LIVE AT 13091 COLONIAL DR. ETIWANDA CA 91739.I STRONGLY OPPOSE FUNERAL HOME IN OUR NEIGHBORHOOD.PIFASE CONVEY MY FEELINGS TO CITY AUTHORITIES. THANKS • • A & B104 3/12/2012 • March 4, 2012 Dear Planning& Zoning Commissioner City of Rancho Cucamonga, tcY011•oton • • Otentar> We are Danny and Jennie Dang, homeowners at 12880 Spring Mountain Drive, Rancho Cucamonga. We are the proud grandparents of three grandchildren (4, 3, and 2 years of age) whom we take care of every day at our residence. We are writing this letter to express our concerns regarding the proposed funeral home business at the corner of Etiwanda and Candlewood streets, located within 150 feet of residential neighborhoods. As property owners in Rancho Cucamonga we strongly object the proposed development of a funeral home in our neighborhood. We love our community and neighborhood. We feel a funeral home detracts'from our great community and the benefits are far outweighed by the traffic issues and depreciation of our property associated with allowing this development. This is a lively and upbeat area that will not receive any added benefit by allowing a funeral home to be established. This business will bring added traffic, congestion, and general somberness that will detract from our neighborhood. Furthermore, we feel the increased traffic will create an unsafe condition for our three grandchildren. • We ask for your consideration of our concerns regarding parking, traffic issues, property depreciation and daily melancholy atmosphere this proposed funeral home development would create in our residential communities. We thank you for your consideration. Sincerely, • W` j ✓ 12880 Spring Mountain Dr, \ (V1' v �. Ranch C m nga, CA r! tit/ J / • A & 8105 Smith, Michael From: LINDA CORTEZ llcortezz14 @msn.com] Sent: Saturday, March 10, 2012 12:10 PM To: Smith, Michael Cc: Ico rtezz 14 @ m s n.co m Subject: SCI Funeral Services r C2i,I(, oicn*{, • 01044!, Hello Mr.Smith, Wanted to email you on the views that my husband, Gilbert A. Martinez and I, Linda Cortez hold. This Funeral home would bring down the value of our homes further than where it stands now....I can't even refinance as I am underwater with my mortgage and what I owe! I can't afford to lose more value to our home. The traffic at Etiwanda and Candlewood Drive would be such a burden,it takes awhile now to turn south on Etiwanda from Candlewood,and cant imagine what the traffic would be if the Funeral Home succeeds on building there. I personally don't want to view hearses driving right in front of my neighborhood and taking away my picturesque community. The impact to the kids coming and going to school, yikes! Please keep us informed to any/and all meetings that will take place so we can be sure to be there,and make sure our voice is heard. Thank ou 331 Shelby Place #106 Etiwanda,CA 91739 "I have noticed that everyone that is for abortion is already alive."----Ronald Reagan • A & 6106 3/12/2012 ascivi , Smith, Michael • From: Melody Li[melodyli @hotmail.com] Sent: Sunday, March 11, 2012 4:34 PM To: Smith, Michael Subject: Re: File Num -DRQ2Of1',01094'&O1094Qx;" Dear Planning Department: As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Avenue and Candlewood Street. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. 4. This funeral home is not a good fit or conducive to our neighborhood. It would: * increase traffic flow * Potentially attract gang retaliation at rival gang member's services * Raise the question of health risk (whether perceived or factual) * Irreparable further the depreciation in property value as much as 15% in some studies * Change the tone and ambiance of the neighborhood * Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Thanks and regards, S 3/12/2012 A & B 10) Smith, Michael IIIFrom: Pam Wehmeyer 1pamreo @gmail.com) Sent: Sunday, March 11,2012 5:08 PM To: Smith, Michael Cc: Pam Wehmeyer;sbwehmeyer @yahoo.com Subject Re: File Num��pi �ll5E_201-1=0,T094;'&` 194i "SCI Funeral Services Inc proposed funeral home..: Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O.Box 807 Rands Cucamonga,CA,91730 Dear Planning Department Re:File Number DRC2011-01094 8 010940 As you are aware Sc,Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance (interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors.This law recognizes that landowners,or those in rightful possession of land,have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home Is not a good lit or conducive to our neighborhood. It would: Increase traffic flow Potentially attract gang retaliation at rival gang member's services Raise the question of health risk(whether perceived or factual) al Irreparable further the depreciation in property value as much as 15%in some studies Change the tone and ambiance of the neighborhood Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community.As our city representative I beg of you to not let this project move forward. Also, as real estate brokers,we know for a fact that there are certain cultures who represent a large number of the buying pool who will NOT live anywhere near something that represents death.We have no doubt in this would immediately negatively affect property values in our neighborhood. We have already experienced a huge drop In values due to the economy, and allowing this type of business in this particular location would cause irreparable damage to values In our neighborhood. There are other suitable locations for this type of business. We look forward to your response and the outcry of the community regarding this matter. Sincerely, ::jfi411:13 Y.Li•Mi:.:`;tit: • rawford Place Rancho Cucamonga,CA 91739 pamred(domail.com sbwehmeverevahoo.com Pam Wehmeyer,Broker (909)200-5430 www.PamsProperties.com REO& Distressed Property Certified 0 Fine Homes&Relocation Specialist DRE 1453068 A & 8108 3/12/2012 12763 Golden Leaf Dr Rancho Cucamonga, CA 91739 • 1 March 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(o�cityofrc.us Dear Planning Department: Re: `3mbi' r DRC20i1-09094 J'&'d1094 vN As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. his funeral home constitutes a private nuisance (interference with a person's enjoyment and use of ..is or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, 1- Z A & 13 109 rage i ui Smith, Michael • From: hotmail-liangan [lianganzhang @hotmail.comj Sent: Sunday, March 11, 2012 1:30 AM To: Smith,Michael Cc: neighborhoodfuneralhome @yahoo.com Subject: NO cC01141694 • OI j 4?) Hello Mike, We strongly disagree with the project of the FUNERAL HOME which proposed to be built at the across of Etiwanda Ave and the road 15. Please note the place of the FUNERAL HOME should be far away from the residential area. Best Regards, o", Rancho Cucamonga, CA 91739 • • • A & B110 3/12/2012 • Smith, Michael • From: hotmail-zds[zhangdisheng @hotmail.coml Sent: Sunday, March 11, 2012 1:28 AM . To: Smith, Michael Cc: neighborhoodfuneralhome @yahoo.com Subject: NO NO NO (VCQDtt, (Mat, .Ot0949 Hello Mike, We strongly disagree with the project of the FUNERAL HOME which proposed to be built at the across of Etiwanda Ave and the road 15. Please note the place of the FUNERAL HOME should be far away from the residential area. Best Retards, • -0 Quail ourt, Rancho Cucamonga, CA 91739 • • A & 3/12/2012 13111 Smith, Michael • From: fast-fix @sbcglobal.net Sent: Sunday, March 11,2012 8:19 PM To: Smith, Michael Subject: Funeral Home Attachments: Stop SCI Funeral Home Letter.doc ' MIKHAIL ZEES 12752 WINE CELLAR CT. RANCHO CUCAMONGA, CA 91739 mikhailzeeb@yahoo.com Date: 3-11-12 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga,CA,91730 Michae I.S mith Calcityofrc.us Dear Planning Department: gy As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and • Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a continuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance(interference with a person's enjoyment and use of his or her land) for me. and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in Its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk(whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community.As our city representative I beg of you to not let this project move forward. Sincere! } 2 Wine Cellar CL Rancho Cucamonga, Ca 91739 • es l Fa 3/12/2012 A & e 1 12 Gilbert D. Mugica 12940 Evermay Ct. • • Rancho Cucamonga, Ca. 91739 1DMugica @Yahoo.com March 11, 2012 Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA, 91730 Michael.Smith(o cityofrc.us Dear Planning Department: 011:01: 4'Re: aumber-DRC2 . & 01094D :r As you are aware SCI Funeral Services Inc. is proposing a funeral home at the corner of Etiwanda Ave and Candlewood St. Having this funeral home so close would pose a severe psychological discomfort and would be a • intinuous reminder of death that undermines the comfort and repose sought in home ownership. This funeral home constitutes a private nuisance(interference with a person's enjoyment and use of his or her land) for me, and the overwhelmingly majority of my neighbors. This law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. This funeral home is not a good fit or conducive to our neighborhood. It would: • Increase traffic flow • Potentially attract gang retaliation at rival gang member's services • Raise the question of health risk (whether perceived or factual) • Irreparable further the depreciation in property value as much as 15% in some studies • Change the tone and ambiance of the neighborhood • Threaten the enclave and would have a deleterious impact The taxes from this one business and the two people that would be employed would not offset the hardship endured by the community. As our city representative I beg of you to not let this project move forward. Sincerely, A & 8113 Smith, Michael • From: Hotmaii(LOH)[ghliang @hotmail.com] Sent: Sunday, March 11, 2012 10:31 PM To: Smith, Michael Subject: NO NO NO n•Capti•vto , • Ot04IIf> Hello Mike, We strongly disagree with the project of the FUNERAL HOME which proposed to be built at the across of Etiwanda Ave and the road 15. Please note the place of the FUNERAL HOME should be far away from the residential area. Besot Regards, §154- alai al`Drive, Rancho Cucamonga, CA 91739 • • • A & 6114 3/12/2012 Nitnethorhood ii' tr or nr;rn_rn- •:a:u ltci' Lst li •.r.i:-1_r. _,oldly_ji Baal. • Neighborhood effects on property values ! 09-27-2011 Taos: Beal Estate,Home Sates Selling a home,neighborhoods.real estate agent. Caldwell Banker Neighborhood effects on property values September 27,2011 t ! When looking to buy a home,people may not be aware of the effect certain factors can have on home value.As much care as a homeowner can put into ensuring a propeny stays in good shape and maintaining a house,the neighborhood is also a factor. According to the Appraisal Institute,'a poorly kept yard or proximity to commaraal facilities sucn.aa a tuneral ham or power plant rantowerneartiy home value by as much as 15 percent. Horns buyers should be aware of this when looking for a home or negotiating a purchase,and may wish to consider resale as well,particularly if they do not intend to stay long. What makes a neighborhood bad One real estate agent told MainStreet.com a neighbor may negatively affect nearby home prices if he allows his home's outer appearance become unpleasant,allows plants to become overgrown or leaves paint peeling or partially-done on the exterior.Neighborswho have constant visitors and parked cars make noise, have • disruptive pets or otherwise make living nearby unpleasant can also have a negative effect on home value,even if some of these factors are harder to judge for;prospective home buyers visiting a property. Investopeda notes vacant homes can also lower nearby values,since they tend to fall into disrepair without residents caring for them.Even if a vacant home does not cause more serious problems,It remains unpleasant to look at if not cleaned or maintained. Many of these problems can be spotted simply by driving through or walking around a neighborhood. Bankrate.com suggests.While it is common for a neighborhood to • have some homes which are less attractive than others,or a few residents who are slightly behind on lawn care,the overall pattern can warn potential buyers. • Finding a good neighborhood Home buyers can look for a number of factors in order to help spot good neighborhoods which will not drop their property values.Aside from nearby power I plants,landfills and other unattractive facilities,dosed schools are a major factor,MalnStreetcom reports. Bankrate.com suggests home buyers look for neighborhoods with accesa to employment,one of the major factors in home values. University towns,research facilities,government seats and locations home to creative industries tend to do I well long-term. Other factors which tend to correlate with value are proximity to good schools and nearby parks Factors like these may be signs of good neighborhoods or reasons the area is desirable,so home buyers who do their research and learn what to look for can I find a home that will stay valuable after they buy it and understand what they're paying for. • EXHIRIT c72,n w .cojd`.t'ejlhauker,c mireal estate'lca; 'r_t "_:hood L.ficcls on prup::n?, vah ics O3/06.2012 -et--"•, ---,-,J.0`-ar..i-r-.71; -7 7•S':IV...-17i';---:`KZ--7.rf Va7 "'.4.21 .--.L."-Mirla alikr '--.-""." .".-r...--"-' -'1- Crr -4%44,ta 7L-±,iLite41-.4 itc. ' :"..-ac.- 1..".,..‘- - -A.,■•'""L -'.--•p. . --: • --SI,--,-- f114-7,,;(4,:±-aa„-"---arweipalareast L' -:-..,,• •-• -4 •ffisirac.7--- -1-mti-4.if.a..- 3-2-..A--,-.,pi--. 2.?4,:f-le. --''.2,---"c*,---";14-----AS -- ----'''•''-: ; cg• t•.--;4".- -..,47infify_CtdWeih.' 'Y4-.a,t,„---tb\k‘el‘.. '.a-S=.-';'' .".-•;--•-‘; 'rtille*Pilir`L.41.rtg I:. 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S _ �` -.-•eT s'-`)$' Y S M1 r.-F ice. f -_ # ` +tiV:.a. ..........._,,_ . _____, A & 13 120 • CITY OF RANCHO CUCAMONGA City of Rancho Cucamonga Planning Division FEB 1 3 2012 10500 Civic Center Drive RECEIVED - PLANNING Subject F' ° ,f— s lL r 9b 3P: NO funeral home near our homes. Keep the city clean! Dear Sirs, We are living in Rancho Cucamonga Homes community (many hundreds of residence) next to Etiwanda Ave and Candelwood Ave. We selected moving in this city because Rancho Cucamonga has long tradition of forming partnerships to achieve goals for Bringing Health Home. But,just some weeks ago, one vacant land filing for FUNERAL HOME next to Etiwanda Ave and the 15111 Freeway. What is the funeral home? Why the city will allow a FUNERAL HOME open in the central area of so many hundred residences • surround. 1) The Victoria Garden (the open air mall) is quite close to the funeral home, no one will like to shop there. 2) National Fish Co, (Restaurant) is just crossing the street, what an eating atmosphere? 3) FUNERAL HOME is just next to 15th Freeway, also next the post office and high traffic Etiwanda Ave., and it definitely will increase the traffic burden badly. 4) The City Council's long term commitment to a "Healthy RC" will never come true, if a FUNERAL HOME burring bodies, all the residences, shoppers, travelers, visitors .etc will smell the unhealthy harmful air eventually. 5) The home value will be significantly dropped in RC city, particularly in the adjacent area of the funeral home. Sincerely yours, ` ani rift, y et • A & B121 I..1‘..1 1-.44 vl,WAWA t l•iss IAA," 'G.,1 fl'1-1., - •-••1■1611., .1.•Sall° A as, , „„ 1 , To see all the details that are visible on the screen, use the"Print'link next to the map. • Google - . if . .: r.p. •,.. --' - T c'''""Tra"..l'.'X;i t'T ir 1 4$ la 1 t 1 'C.' . 9 t 6 • C 0 ...... t 1 ... r-i • , . . , . -• 4. 1 9 , r‘..4...,.., , , .: ', :', l•.! ,v F., ,I i _ ,, , -, " ; 1 ').,A 4. :.-4 F. F ,• 7 • ; :7 / i ; ' 5 1 . ■-, I-.• - - ' 1 S " • - ''- Sr, ' , 1 , ••-01 .1,1. , .:. #• U. . or ---..... , ., _ • _ - • r-,,•ri•. . ' ,:.' - :.--n t-r. , ' ' 1'',I - P.', -,t ... ag. f, i . _ _ _... __.- ..i i - J Ir...- _i_J •1 4.•.:,..:no-7.-- -....— ---n-1.-1.::.c..inic.t■ra. - 1 , • I • ...- ar '.r IL .' .... _ r % t. , , . _ zs. . = i. , ,... . • ••• r. , . — ■ a • r... z 4‘ . - Se • z z ...• F b ' , .... • ;" .. . • .;'. t.,.<- L.1;..-1 Ro Ci.. L- -4-: . ii. .. • • - ._ • /. 1 „ -.-.i- 4 • t ■ I — ‘. t5. n ,,. .— cf. . __ =-— -4- -a • ' -4 t' • , • _ ,- , I • - v. tr v /.., C' - Clt,:1141 t. ' . -, 7 . _ . .• r/7- . '--.=1 -' ,- , — ,4 " -`• U.Co) ^I,- 4' ... ,.., 4. 4 _ ___ 4_ 41 4 --•-•-•4.—•- al..Sib. t - • • • • A & B 122 http://maps.google.com/ 1/10/2012 i 6E'\. 1 VI L Smith, Michael • From: Smith, Michael Sent: Tuesday,January 17, 2012 8:49 AM To: 'jesse_ortiz420 @yahoo.com' Cc: Henderson, Larry;Victorino, Valerie Subject: RE: proposed development Hello, Julio I have received your correspondence regarding the proposed funeral home, Conditional Use Permit DRC2011- 01094 and Development Review DRC2011-01094D. At this time, the project is currently being reviewed by the City and no public hearing has been scheduled. I will incorporate your e-mail as an exhibit in the Staff Report that will be presented to the Planning Commission as part of their review of the proposal. When the project is scheduled for a public hearing, you will receive a notice of the public hearing in the mail if your property is within 660 feet of the project site. Also, there will be a notice posted on the two signs that have been erected on the property and a notice will be printed in the local newspaper. The meetings are held on the 2nd and 4th Wednesdays of the month at 7:00pm at the City Council Chambers. In the meantime, you can always contact me periodically to determine the status of the application. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive • Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4317 m ichael.sm ith @cityofrc.us From: Victorino, Valerie On Behalf Of Planning, City Sent: Tuesday, January 17, 2012 6:56 AM To: Smith, Michael Cc: Henderson, Larry Subject: FW: proposed development Please assist. Valerie Victorino, CAP-OM Secretary Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4327 (909)477-2847 fax va leri e.victori no @cityofrc.u s 1 • From: Jesse Ortiz [maitto:jesse_ortiz420 @yahoo.comj 2/8/2012 A & 8 123 • r age cwz Sent: Monday,January 16, 2012 5:13 PM To: Planning, City Subject: proposed development To whom it may concern, my name is Julio Aguero I recently contacted someone in regards to my concerns about the proposed development of a single story funeral home that is to be built just next to my house. My concerns are that this development will cause heavy traffic near my home witch is located in a residential community. i am new to the area and love the price value of the area. A huge concern of mine would be the value of my house to be lowered because of this facility. also i do not like the fact of raising my two children next to a facility that stores dead bodies i was asked from the person i talked too to write a letter regarding my concerns i would greatly appreciate it if you could please give me a call back thank you, -Julio Aguero • • • 2/8/2012 A & 8124 Smith, Michael • From: Smith, Michael Sent: Monday, January 09, 2012 7:58 AM o: 'iconic62488 @mypacks.net' Subject: RE: Proposed funeral home Hello, Andrea As the application is still in the initial stages of the review process, it has not been scheduled for a public hearing at this time. Therefore, there is no deadline at the moment. However, please submit any correspondence to me at the address below as soon as possible. Also, please include the file number for the project: Conditional Use Permit DRC2011-01094 and Development Review DRC2011-01094D. In the meantime, you can always contact me periodically to determine the status of the application. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4317 michael.smith @cityofrc.us Original Message From: iconic624880mypacks.net [mailto:iconic62488@mypacks.net) Sent: Friday, January 06, 2012 1:30 PM ^o: Smith, Michael inject: RE: Proposed funeral home Can you tell me the closing period/deadline to get a letter to the Council regarding this project? Thank you, Andrea Salgado 1 A & B125 • Smith, Michael drom: Smith, Michael ent: Wednesday, January 04, 2012 9:09 AM To: iconic62488 @mypacks.net Cc: Victorino, Valerie Subject: RE: Proposed funeral home Hello, Mr./Ms. Salgado The project, Conditional. Use Permit DRC2011-01094 and Development Review DRC2011-01094D, a request to construct and operate a funeral home with a floor area of 8,282 square feet on 2 .32 acres of land within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan located near the southeast corner of Etiwanda Avenue and Candlewood Street, is currently being reviewed by the City and at this time no public hearing has been scheduled. When the project is scheduled for a public hearing, you will receive a notice of the public hearing in the mail if your property is within 660 feet of the project site. Also, there will be a notice posted on the two signs that have been erected on the property and a notice will be printed in the local newspaper. The meetings are held on the 2nd and 4th Wednesdays of the month at 7 :00pm at the City Council Chambers. If you like, at this time you can provide a letter discussing your concerns about the project. This letter will be included as an exhibit in the Staff Report that will be prepared for the Planning Commission. Please send the letter to the address provided below and include the project file numbers - DRC2011-01094 and DRC2011-01094D. If you have any questions, please let me know. Thanks. so Smith se S Planner mit ity of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4317 michael.smith @cityofrc.us Original Message From: Victorino, Valerie On Behalf Of Planning, City Sent: Tuesday, January 03, 2012 7:18 AM To: Smith, Michael Subject: FW: Proposed funeral home Valerie Victorino, CAP-0M Secretary Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4327 (909) 477-2847 fax valerie.victorino@cityofrc.us Original Message From: iconic62488@mypacks.net [mailto:iconic624B8 @mypacks.net] IIInt: Tuesday, December 27, 2011 11:42 AM : Planning, City object: Proposed funeral home 1 A & 6126 Dear City Planning Manager, Will there be an application review or hearing for the proposed site of a mortuary/funeral • home on Candlewood Street in Etiwanda. As a concerned citizen, I do not like the idea of a funeral home being built right across the street from residential properties. I live in he tract nearby and have many concerns regarding this idea. Will there be a hearing that e (residents of the impacted area) can attend and voice our concerns? Sincerely, A. Salgado • 2 A & B127 rage 1 or Smith, Michael • From: Smith, Michael Sent Thursday,January 05, 2012 6:28 PM To: 'S,E LOPEZ' Subject: RE: Proposed Project , case #2011-0194 Attachments: 211108-Al.0.P D F Hello, Sal See attached. If you have any questions, let me know. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4317 michael.sm ith@cityofrc.us From: S,E LOPEZ [mailto:secoversl @netzero.net] Sent: Wednesday,January 04, 2012 7:16 PM To: Smith, Michael Subject: RE: Proposed Project , case # 2011-0194 Thank you for the documents. Also let me know if you are not able reproduce the map for email or if you need me to pick it up. - Original Message From: "Smith, Michael" <Michael.Smith @cityofrc.us> To: "S,E LOPEZ" <secoversl@netzero.net> Subject: RE: Proposed Project , case#2011-0194 Date: Wed, 4 Jan 2012 18:10:37 -0800 Hello, Sal Per your request, see attached. If you have any questions, let me know. Thanks. Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive • Rancho Cucamonga, CA 91730 (909)477-2750 ext. 4317 2/8/2012 A & B128 rage 3 of 2 • michael.smith@cityofrc.us From: 5,E LOPEZ [mailto:semversl@lnetzero.netj Sent: Wednesday,January 04, 2012 5:39 PM To: Smith, Michael Subject: Re: Proposed Project , case # 2011-0194 Hi Michael, Here is my email. I look forward receiving the public record regarding the proposed project for a Funeral Home. Regards. • 2/8/2012 A & 8129 Smith, Michael "tom: Smith, Michael nt: Wednesday, January 04, 2012 9:09 AM To: 'iconic62488@mypacks.net' Cc: Victorino, Valerie Subject: RE: Proposed funeral home Hello, Mr./Ms. Salgado The project, Conditional Use Permit DRC2011-01094 and Development Review DRC2011-01094D, a request to construct and operate a funeral home with a floor area of 8,282 square feet on 2 .32 acres of land within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan located near the southeast corner of Etiwanda Avenue and Candlewood Street, is currently being reviewed by the City and at this time no public hearing has been scheduled. When the project is scheduled for a public hearing, you will receive a notice of the public hearing in the mail if your property is within 660 feet of the-.project site. Also, there will be a notice posted on the two signs that have been erected on the property and a notice will be printed in the local newspaper. The meetings are held on the 2nd and 4th Wednesdays of the month at 7:00pm at the City Council Chambers. If you like, at this time you can provide a letter discussing your concerns about the project. This letter will be included as an exhibit in the Staff Report that will be prepared for the Planning Commission. Please send the letter to the address provided below and include the project file numbers - DRC2011-01094 and DRC2011-01094D. If you have any questions, please let me know. Thanks. ike Smith ssociate Planner City of Rancho Cucamonga 10500 Civic Center Drive - Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4317 michael.smith @cityofrc.us Original Message From: Victorino, Valerie On Behalf Of Planning, City Sent: Tuesday, January 03, 2012 7:18 AM To: Smith, Michael Subject: FW: Proposed funeral home Valerie Victorino, CAP-OM Secretary Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 ext. 4327 (909) 477-2847 fax valerie.victorino @cityofrc.us Original Message From: iconic62488Wmypacks.net (mailto:iconic62488@mypacks.netl •ent: Tuesday, December 27, 2011 11:42 AM o: Planning, City Subject: Proposed funeral home 1 A & B130 Dear City Planning Manager, Will there be an application review or hearing for the proposed site of a mortuary/funeral IIIhome on Candlewood Street in Etiwanda. As a concerned citizen, I do not like the idea of a funeral home being built right across the street from residential properties. I live in he tract nearby and have many concerns regarding this idea. Will there be a hearing that a (residents of the impacted area) can attend and voice our concerns? Sincerely, A. Salgado • • 2 A & B131 • William And Stefanie Isaacs 12941 Evermay Court, Rancho Cucamonga,CA 91739 January 1st, 2011 CITY OF RAPICHO curA Mr. Mike Smith Planning Dept JAN 1 0 2012 City of Rancho Cucamonga p/� 1 LANNN 0500 Civic Center Dr. RECEIVED - PIG Rancho Cucamonga, CA 91730 Dear Mr. Smith, RE: REFERENCE COMPLAIN�74GRI1CST THE PROPOSED DEVELOPMENT OF A SINGLE STORY FUNERAL HOME BY SCI FUNERAL SERVICS, INC. On behalf of our entire neighborhood and the neighbors residing in our quiet enclave (on Evermay and Exbury) opposite the site mentioned above,we wish to vehemently object to the proposed citing of a funeral home in our neighborhood and to urge you not to approve • the request for the following reasons: 1. A funeral home poses serious safety and environmental concerns in a neighborhood with many young elementary and secondary school students like ours. The chemicals involved in processing dead bodies are not healthy and children who play around the proposed site may be exposed to those chemicals. 2. A funeral home in our neighborhood will attract an unusual amount of traffic in our quiet, family-oriented neighborhood, which would lead to automobile accidents involving our children who play outside our homes. 3. Locating a funeral borne in our neighborhood will expose our children to different types of people, including child molesters and gang members who may need the services of the funeral homes. The sight of gang bangers recruiting new members near a funeral home, as well as carrying out illegal activities near a funeral home is not uncommon in California. 4. Locating a funeral home in our neighborhood will have serious negative impact on the values of our homes. Our homes will be grossly devalued by the presence of a funeral home next door. 5. Without any knowledge of other structures that might be built next to the funeral home, we are led to believe that the funeral home may be one of the numerous high traffic businesses (including a half way home) that might be cited at the site. We want to see the comprehensive master plan for the entire plot of land. • A & 8133 • As parents of four little children, we are very concerned about the health of our children growing up and being exposed to the dangerous chemicals used in processing dead bodies in a funeral home,particularly at the formative stages of their lives. • We are also aware that a former employee of the city of Rancho Cucamonga has been retained to lobby for the authorization of the funeral home with a total disregard to the wishes and feelings of the neighborhood. This action is likely to expose the city of Rancho to a liability lawsuit We are pleading with you to use your good office to save our children and neighborhood with the attendant menace of building a funeral home in a neighborhood we cherished and care so much for. Thank you in advance for a favorable consideration of our request Please, feel free to contact us for any discussion on this issue.We can be reached at (714) 293-6113. Iartefanie Isaacs Concerned Home Owners it TI �j— c9—wit∎iaren-n�oe, 1 ! p Concerned Home Owner(Name) (Signature) p one r ..-*;-' _442,....c---r=anaraw um= Concerned Home Owner(Name) (Signature) Concerned Home Owner(Name) (Signature) (phone#) Concerned Home Owner(Name) (Signature) (phone#) Concerned Home Owner(Name) (Signature) (phone#) Concerned Home Owner(Name) (Signature) (phone#) • A & B134 Christopher&Chimezie Ikeanyi 12970 Evermay Court, Rancho Cucamonga, CA 91739 December 14, 2011 Cm OF RANCi O CUCAMONGA Mr. Mike Smith JAN 4 2011 Planning Dept City of Rancho Cucamonga 10500 Civic Center Dr. RECEWED Rancho Cucamonga, CA 91730 - Dear Mr.Smith, RE: REFERENCE : -:,:'<' ;_ttr :�P: '`CE'4",, COMPLAI ...^°n•� i ST THE PROPOSED DEVELOPMENT OF A SINGLE STORY FUNERAL HOME BY SCI FUNERAL SERVICS, INC. On behalf of our entire neighborhood and the neighbors residing in our quiet enclave (on Evermay and Exbury) opposite the site mentioned above, we wish to vehemently object to the proposed citing of a funeral home in our neighborhood and to urge you not to approve the request for the following reasons: • 1. A funeral home poses serious safety and environmental concerns in a neighborhood with many young elementary and secondary school students like ours. The chemicals involved in processing dead bodies are not healthy and children who play around the proposed site may be exposed to those chemicals. 2. A funeral home in our neighborhood will attract an unusual amount of traffic in our quiet, family-oriented neighborhood, which would lead to automobile accidents involving our children who play outside our homes. 3. Locating a funeral home in our neighborhood will expose our children to different • types of people, including child molesters and gang members who may need the services of the funeral homes. The sight of gang bangers recruiting new members near a funeral home, as well as carrying out illegal activities near a funeral home is not uncommon in California. 4. Locating a funeral home in our neighborhood will have serious negative impact on the values of our homes. Our homes will be grossly devalued by the presence of a funeral home next door. 5. Without any knowledge of other structures that might be built next to the funeral home, we are led to believe that the funeral home may be one of the numerous high traffic businesses (including a half way home) that might be cited at the site. We want to see the comprehensive master plan for the entire plot of land. • A & B135 • As parents of four little children, we are very concerned about the health of our children growing up and being exposed to the dangerous chemicals used in processing dead bodies in a funeral home, particularly at the formative stages of their lives. We are also aware that a former employee of the city of Rancho Cucamonga has been retained to lobby for the authorization of the funeral home with a total disregard to the wishes and feelings of the neighborhood. This action is likely to expose the city of Rancho to a liability lawsuit We are pleading with you to use your good office to save our children and neighborhood with the attendant menace of building a funeral home in a neighborhood we cherished and care so much for. Thank you in advance for a favorable consideration of our request Please, feel free to contact us for any discussion on this issue.We can be reached at(909) 917-6705. Respectfully, Christopher and Chimezie Ikeanyi Concerned Home Owners H{oLIxs f3 ,.TJdpt Concerned Home Owner (Name) (Signature) (phone#) F. Sr1tRJe� at V MIMES / UT(E2 P Concerned Home Owner Name ( ) (Signature) (phone#) Afe 4/111/ i` ; rte ACIPO • Concerned Homo!Owner (Name) Pr ignature) (phone#) Concerned Home Owner(Name) (Signature) (phone#) Concerned Home Owner (Name) (Signature) (phone#) Concerned Home Owner(Name) (Signature) (phone#) • 9911 13xtwi Puy A & BIM , 939 RICKY THAI 12920 Evermay Ct. Rancho Cucamonga, Ca 91739 EMAIL:RICXYTHAIpyAHOO.COM City of Rancho Cucamonga Planning Division CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 E DEC 1 4 207i December 8,2011 "E"E ✓ ' PLANNING Re: Objectio , n G c�,^nr�l�^rvices Ines Proposed Development of Funeral Home °-Y_7i fir+ `,.,CI.+ [e+ —OS ices Whom It May Concern: Following SCI Funeral Services Inc's("SCI")placement of a public billboard notice of their planning application(0RC2011-01094), I wholeheartedly object to SCI's referenced planning application for a proposed nine thousand square feet(9000 sqft)single story funeral home and the following to be taken into account during your consideration of their proposal. Obscurity of the Project SCI's proposal fails to properly provide detailed instructions on their use of the property as well as,but not limited to, the functionality and purpose of having a 9,000 soft facility.Their company provides a large range of services including but not limited to providing family members of the deceased a proper site to conduct memorial services, cremation services, specialized cultural and/or religious services,etc. Suitability The area mainly consists of residential properties newly developed within the past decade.These residences are valued at a minimum of$750,000.Construction of a mortuary directly adjacent to these new residences would not only decrease the real estate value but may make it more difficult for property owners to market their property in the future.Secondly,SCI's proposal to develop adjacent to a historical building may be a cause for concern.The impact of such a construction is unknown at this time. Environmental Impact • There is a potential environmental impact should crematory services be provided by SO.It is well known that a crematoria discharges potential air pollutants hazardous to the health and safety of the general 1/3 A & 8137 RICKY THAI 12920 Evermay Ct. • Rancho Cucamon a,Ca 91739 EMAIL:RICKYTHAI@YAHOO.COM public. These crematorium emissions,in the form of a gas,include,but not limited to, carbon monoxide, unburned hydrocarbons, nitrogen oxides,lead, sulfur dioxide,volatile organic compounds, lead, etc. Nitrogen oxide,sulfure oxide,volatile organic compounds and unburned hydrocarbons are known carcinogens.Organic compounds such as benzenes,furans,and acetone are also emitted and react with hydrogen chloride and hydrogen fluoride under combustion conditions to form polychlorinated dibenzodioxins and polychlorinated dibenzofurans, both of which are carcinogens.Any machineries used to fitter crematorium fumes have little effect on the toxins released. Scientific studies of cremation emissions have demonstrated each cremation uses around 20 liters of fuel and half a kilo of activated carbon for cleaning the flue gases; 160kg of carbon dioxide per deceased body being released into the atmosphere;and a high level of mercury released into the atmosphere. As the development is within a close proximity to residential homes, it places residents and their children at risk for cancer.Lead is well known to cause neurological deficits in children.Mercury released as a gaseous substance into the air would eventually contaminate water supplies and soil, It is known to cause embryological defects in fetuses and neurological deficits and respiratory symptoms in children. Noise is also a potential environmental problem.The area consists of mainly residential buildings. Building a 9,000 sqft mortuary would only increase the amount of visitors at a minimum of fifty • individuals per service. Traffic The neighborhood has already been affected by the number of vehicles.SCI's development would only exacerbate the situation and bound to put further pressure on the parking spaces available.It may also cause the roads to become congested. Congestion leads to access and no parking space for visitors' vehicles or delivery vehicles.The estimated number of visitors during a memorial service is unknown. Would such traffic be a cause for concern for residents who are disabled or in need of emergency services? Residential Home Impact The development would be unacceptably close to our residents.It is incompatible with the area.The notion of residing near a mortuary and/or crematoria is an unpleasant one.It violates the residents' rights and impairs them from enjoyment of their residential property and neighborhood. tt is well beyond words and as a matter of fact depressing to observe memorial services at least once a week in a residential area.The psychological impact is unknown.Are there residents with post-traumatic stress disorder?That we do not know.Are there residents with chronic anxiety and fear of death?That we do not know.The direct images may inflict emotional and psychological stress. • Additionally,the reactions of prospective homebuyers may make it much more difficult for a homeowner to sell his or her home.Pennsylvania State University and the University of Wyoming 2/3 A & B138 RICKY THAI 12920 Evermay Ct. Rancho Cucamonga, Ca 91739 • EMAIL:RICKYTHAI YAHOO.COM published an article describing the economic impacts of developing a mortuary and/or crematory service operations adjacent to residential homes.The home values deplete over the years impacting the homeowners and could not be rectified Agee, Mark D and Crocker,Thomas D(2010). Directional heterogeneity of environmental disamenities:the impact of crematory operations on adjacent residential values.Applied Economics,42:14, 1735-1745, 20101 In summary We fully accept and are aware of any assertion that,by offering a mortuary or onsite cremation services, they are meeting a community need that is growing. However,the development of it in our neighborhood consisting mainly of residential homes is unacceptable. In light of these many valid concerns, I respectfully submit that this proposal be refused planning permission. Yours faithfully, Air d'gly • omeowner • 3/3 A & 6139 • Christopher&Chimezie Ikeanyi 12970 Evermay Court, Rancho Cucamonga,CA 91739 December 12, 2011 CITY OF RANCHO CUCAMONGA Mr. Mike Smith Planning Dept DEC 15 2011 City of Rancho Cucamonga p/� 10500 Civic Center Dr. RECENED - PLANNING Rancho Cucamonga,CA 91730 Dear Mr. Smith, RE: REFERENC, :r F `s5 r <` ^d �'w • COMPL rf. . NST THE PROPOSED DEVELOPMENT OF A SINGLE STORY FUNERAL HOME BY SCI FUNERAL SERVICS, INC. On behalf of our entire neighborhood and the neighbors residing in our quiet enclave (on Evermay and Exbury) opposite the site mentioned above, we wish to vehemently object to the proposed citing of a funeral home in our neighborhood and to urge you not to approve the request for the following reasons: • 1. A funeral home poses serious safety and environmental concerns in a neighborhood with many young elementary and secondary school students like ours. The chemicals involved in processing dead bodies are not healthy and children who play around the proposed site may be exposed to those chemicals. 2. A funeral home in our neighborhood will attract an unusual amount of traffic in our quiet, family-oriented neighborhood, which would lead to automobile accidents involving our children who play outside our homes. 3. Locating a funeral home in our neighborhood will expose our children to different types of people, including child molesters and gang members who may need the services of the funeral homes. The sight of gang bangers recruiting new members near a funeral home, as well as carrying out illegal activities near a funeral home is not uncommon in California. 4. Locating a funeral home in our neighborhood will have serious negative impact on the values of our homes. Our homes will be grossly devalued by the presence of a funeral home next door. 5. Without any knowledge of other structures that might be built next to the funeral home, we are led to believe that the funeral home may be one of the numerous high traffic businesses (including a half way home) that might be cited at the site. We want to see the comprehensive master plan for the entire plot of land. • A & 8140 • As parents of four little children, we are very concerned about the health of our children growing up and being exposed to the dangerous chemicals used in processing dead bodies in a funeral home, particularly at the formative stages of their lives. • We are also aware that a former employee of the city of Rancho Cucamonga has been retained to lobby for the authorization of the Funeral home with a total disregard to the wishes and feelings of the neighborhood. This action is likely to expose the city of Rancho to a liability lawsuit. We are pleading with you to use your good office to save our children and neighborhood with the attendant menace of building a funeral home in a neighborhood we cherished and care so much for. Thank you in advance for a favorable consideration of our request Please, feel free to contact us for any discussion on this issue.We can be reached a. Respectfully, • 4V. ; " a:' erned Home Owners • • A 8 B141 Neighborhood Petition T• Stop S I Funeral Home • File Number DRC2' -0 ' •4 & 01094D This funeral home.vvould change the tone and ambiance of the neighborhood. Threaten the enclave and would have a deleterious Impact'Pleaseslgii this petition"and lei-our voice be heard.::: -:;, ...'.; ;:=;&.. No. Date Name Address Comments Signature �/ ��_r� _ 7415 3/M2 c iv C.G. 4i-r3cj flth,r WM r1 c. Uolt • t h �.„�, eRA,« 17&6( tge . rc 1 -co 6 zed — bier' > b u WI'/ail ryin. r. . lac, (q elonc- y � w� l� i k C----e- /� C3wet1 Imoun saz7N /�Glrma net /ltd✓n laivt D2gJ2 e �l�o nJ + WavL T, 1 � � c1/43------ 1 -' W iteso-6 bi-o-7 5 F c 71Z 0,,1 . /�! ye-. 7 Cr-{s c Ce e Ee aline .q l c 1vi9-1 rte 12855 o res tfic ki FioT 11.1361 Don'} wcua+ 1 i- t J g N. 9 N i e tta I - ' '' �1 �, r'�_��s WQ-ck .,1� N\ Sct� -1333 Yr1'1-nev.s j i - ., • e t 9l • • t . 1 ` '� �•/ tbt 4 gyy2 ego c{- `n / r Irk /�n a + e_•pi Pi are (9h 1 INic�I /le %a,, - o I1 2,AAI, [rG.�.`r�i- K ?idly Bocci o ,Ia+. Vol} w .ef iI „ .017 e- 14883 Fwr,r/,s /) ct, e� / (, - % ��' - - , _ ,� tl CITY OF RANCHO CUC• - I GA JUL 1 6 2012 AD RECEIVED - PLANNI G EXHIBIT P A & 8142 Neighborhood Petition To Stop SCI Funeral Home • File Number DRC2011-01094 & 01094D This funeral home would change the tone and ambiance of the neighborhood.Threaten the enclave and would have a deleterious im;act. Please si,n thus etltion and let' our voice be heard: :.- No. Date Name Address Comments Signature 3* ca tirw i2F56_S�ntij pc M6 tn1 �, / ` � Muwtf;tn .4% µ4Mk Jnq ( .tcr firQ ct. 4 i-n s (1-1 -am Qr'� ;No, 04.4 1-11,3� Tt .. Or t.-+�-it ✓�/ k4 Cvec Y4 LWO -f.4ic-L. o-9 - ;C z it t��soc- ,,. �. tnew{ �� - " �w. ._p,( �/�/�' '✓! 1)- `i 7 (clo> /\-r i_N i 9 3h4g- ,r-Otts• : 714.0 AlMtfra LI Itak 4 A t SIG NO • •-----1793L-1-1\__ t arts, 749 .1213 7 Cre-l..r; A/ 0 /4 d l ,l 9/? Mk:.�rrt.-- f a'- - tri> ( cragcr . y - CITY OF RANCHO CUCAMONGA JUL 1 6 ?012 . RECEIVED - PLANNING 0 A & 8143 Neighborhood Petition To Stop SCI Funeral Home • File Number DRC2011-01094 & 01094D This funeral home would change the tone and ambiance of the neighborhood. Threaten the enclave and would have a deleterious im• -ct."Please si•n this •etition and let our voice be heard. No. Date Name Address Comments Signature 30, N FkAti i2,16,i,:an•.(,t 9 , 49-ree___ �z 94 3 oaugat,4W G%% 3I 1R I P�urAY pQ. /} / ufsf 3G . t"f 1�}�ErSe �1c, 3// �di.% 7E 13 1, a /' _/, Limit", 7299 Colo. / !pr° eI Mu t' r ; - yAV . -)g-Is Quin,olvGS {aa S F 6Atyea l . - Out I /� Uvoni -S F1�1�At1('r De_ \-` � �>o L . -��I �J C i331StkaR�� -Ilia ► , . : � !-tAtZ 7i- 12 ) / Ci 'H4 We0 itWth'N1 ,t ,q — - tyu.AA( C N-0H Vy. \.)ai l>V-( giirr -- G d;t X 7/a t c;a'C(CJ✓ai ra e I i. A/0 FtAKZ/CN 4°111-Z a IL /IAL - �zc•Sc v 74;2 H-e-v_c.•h 154-C•cCAA:Thlj O' r 4 aM( i1!N1t=4 ()LAeE. C et I7 Nr`, Cltri0j2-1« 1-�&act ti ;A- CITY OF MANCHO CUCAMONGA JUL 1 6 2012 RECEIVED - PLANNING S A & 8144 A .wuv a... "% .0 ♦vay..v.,u..u..a was Jvi.l u... wruuauial.y LL Ilicvunung Jl.l ruuLLClal aurvices... rage I OI O Home>Categories>Other>Please let your voice be heard and join the community in preventing SCI Funeral Services Inc.torn building a • proposed funeral home at the comer of E Please let your voice be heard and join the community in preventing SCI Funeral Services Inc. from building a proposed funeral home at the corner of E . Sign Slog Signatures Email friends Sign Petition Page: 1 , 2 , 3 Now! • 1 Name:Turn Twang on Feb 26.2012 Sponsored links Comments:I VOTE NO TO THIS PROJECT.NO NO NO NO THIS IS A HOME PROPERTY NOT SOME KIND OF FUNERAL HOME.I DONT WANT TO SEE THIS HAPPEN.I VOTE NO!NO!NOI Flag • 2 • Name:Xuan Zhang on Feb 26,2012 Comments:NO NOT SUPPORT FOR THIS PROJECT THIS MIGHT HURT THE NEIGHBORHOOD • NO Flag 3 • Name:Douglas Ueda on Mar 1,2012 Comments: Flag 4 Name:Lary Ueda on Mar 1,2012 . Comments: Flag 5 Name:ICanfe Leho on Mar 3,2012 Comments:I DO NOT SUPPORT SUPPORT THIS FUNERAL HOME PROPOSAL Flag 6 Name:Jennie Dang on Mar 3.2012 Comments:Please do not build a funeral home among our residential neighborhood.I STRONGLY OPPOSE THIS FUNERAL HOME PROPOSAL. Flag 7 Name:Danny Deng on Mar 3,2012 Comments:NO NO NO!TO FUNERAL HOME. Flag 8 Name:Jane Mmtek on Mar 3,2012 Comments:I am totally against having a funeral home within a residential neighborhood community. Flag 9 Name:Christian Leho on Mar 3,2012 • Comments:Due to cultural beliefs,funeral home in the residential area will not bring good positive vibe to the'neighborhood.There are just too many negative aspects about it.I strongly oppose this proposal.Thank you for starting this petition.I hope that it MU be in favor of our community. Flag A & B145 http://www.ipetitions.com/petition/no-to-sci-funeral-homeisignatures 7/18/2012 . ,.... ....... ............. ......J..... ..... ................y . . F' ..nil A ul.w n. J..1 V1Vl,J... l ngc< Vl J • Name:George Sandoval on Mar 4,2012 10 Comments:No hearses through my neighborhoodli!I! Rag 11 Name:Wendy Sandoval on Mar 4,2012 Comments:Please keep our children safe!!10 Flag 12 Name:Wendy Sandoval on Mar 4,2012 Comments: Please keep our children safe!!!!! Flag 13 Name:Jose Torres on Mar 5,2012 Comments: Flag 14 Name:All Kar¢i on Mar 5.2012 Comments: Flag 15 Name:Mark Horvath on Mar 6,2012 _ Comments: Flag 16 Name:Anonymous on Mar 6,2012 Comments:NO funeral home in our lovely neighborhood please! • Flag 17 Name:Lisa McClough on Mar 6,2012 Comments:Absolutely no funeral home. Flag 18 Name:James McClough on Mar 6,2012 Comments: Flag 19 Name:Jacqueline Wells on Mar 6,2012 Comments: Flag 20 Name:Anonymous on Mar 6,2012 Comments:This is an unfavorable business for our community. Flag 21 Name:Aiena Paulson on Mar 6,2012 Comments:traffic is already terrible with the surrounding schools,access to the freeway and Etiwanda would be a nightmare.Thls area cannot handle any more congestion,please do not allow this project to go through Rag 22 Name:Brian Paulson on Mar 6,2012 Comments:No Funeral Homes by where my children play!!! Flag • A & 8146 http://www.ipetitions.com/petition/no-to-sci-funeral-home/signatures 7/18/2012 a aMa.v.. 1..1 "wax •ww vv'Awns Wau J J as ...r W1114.4.1YallV W F''V YlIC1 al QC;V1VGJ... r agc J 01 J • 23 Name:Sean Xu on Mar 8,2012 Comments: Flag 24 Name:Mlkhal Zeeb on Mar 6,2012 Comments:This funeral home is not a good fit or conducive to our neighborhood.It would increase traffic flow,lower property values and the health risk(whether perceived or factual)would causes irreparable depredation as much as 17%in some studies. Flag 25 Name:Ken Hong on Mar 6,2012 Comments:No funeral homes in my neighborhood.Bad for the kids. Flag 26 Name:Mira Nam on Mar 6,2012 Comments:scary scary scary!i haven't been able to sleep just thinkingabout a funeral home planning to come to my home. Ftag 27 Name:Ho Nam on Mar 6,2012 Comments:i strongly oppose building a funeral home here.funeral homes should be dose to cemeteries.thank you. Flag 28 Name:Anonymous on Mar 8.2012 Comments:While I support bringing more businecseclrevenues Into our City,I will not lend my support to this project because the location alone is terrible!Etiwanda is a major street but it is • predominantly lined with single family homes and counts with dozens of kids walking to/from school daft'.Adding more traffic to this location would increase their safety risk and become an eyesore or an otherwise nice neighborhood.Additionally,there are several homes for sale(one right across the street from the proposed site)that would be in jeopardy of not selling,dropping to an even lower value or staying on the market for an unforseeable amount of time should a funeral home be built Flag 29 Name:Chimezie Ikeanyi on Mar 6,2012 Comments:Building a funeral home so close to my home will not only Increase traffic flow,lower property value and health risk,my children will be severty affected by It because they will be scared to go outside and play.So this will have a negative psychological effect on them. Flag 30 Name:Christopher lkeanyi on Mar 6,2012 Comments:I am vehemently against building a funeral home right in front of my home.It is a horrible idea and will destroy our family-oriented neighborhood, Flag 31 Name:Maria Davis on Mar 7,2012 Comments:My 13 year old son has developed anxiety.when we were driving by the propose site one of my older kids made a comment and not long after that he start it asking questions about death and we're to the point where he has to have an evaluation to see If he needs counseling. Flag 32 Name:Anonymous on Mar 7.2012 Comments: Flag 33 Name:Howard Nguyen on Mar 7,2012 • Comments:This neighborhood does not need a funeral home.Home owners are suffering enough from the economy;please don't place more stress on us with a creepy home of the dead just around the corner. tit & 8147 http://www.ipetitions.com/petition/no-to-sci- neral-Dome/signatures 7/18/2012 • Name:Matthew riysock!on Mar 7,2012 Comments: Flag 35 Name:Don Hathaway on Mar 7.2012 Comments: Flag 36 Name:Sergio Castillo on Mar 7,2012 Comments: Flag 37 Name:Gladstone Rennie on Mar 7,2012 Comments:No to SCI Funeral Services Flag 38 Name:Frank Jou on Mar 7,2012 Comments:I am glad that we nave this website to work together about this issue.My neighbor Kathy told me this issue two weeks ago because she received mall.But I didn't So I made about 60 copies and passed to my nearby street(Crestfieid and Gold Leaf and wild horse)house by house on these passed two weekend when I walked dog.I talked many people and just 2 out of 60 t received the mall.The rest like me didn't know this HI I talked tothem.It seems funeral company did this on purpose just mailed few household and claimed they inform all community.Anyway,I am now glad more people aware and we need to work It together to oppose this plan in order not keep our community better value and nice.Thanks again whoever created this site for community.See all of my community friends on Thursday 6pm on 03/08/12. Flag 39 • Name:Jorge Borda on Mar 7,2012 Comments: Flag 40 Name: Martha Godinez on Mar 7,2012 Comments: Flag 41 Name: Lory San Gabriel on Mar 7,2012 Comments: Flag 42 Name:Yesenia Gomez on Mar 7,2012 Comments: Rag 43 Name:Lindsay P.on Mar B.2012 Comments:NO!!This is a residential neighborhood and no place for a funeral home! Flag 44 Name: Carol Pike on Mar 8,2012 Comments:A funeral home has no place in a residential neighborhood for all the reasons listed in the petition. Flag 45 Name:Charlize Li on Mar 8,2012 Comments: 411 Flag A & B 148 http://www.ipetitions.com/petition/no-to-sci-funeral-home/signatures 7/18/2012 . ......... . }..... .v...v vv......... ......�.. ,.... ..vnuuuau�} ua Via L.v wauug U.1.14.4/CU uci V1.CJ... f agc ) tit .) 46 • Name:Philip F1ncNdt on Mar 8,2012 Comments: Rag 47 Name:Diego H Sevilla on Mar 8,2012 Comments:No funeral home in my Neighborhood U!Why?Because my wife and I worked very hard to buy a nice home with all our savings and sacrificed a lot to get here.Never would we have considered this motion knowing of any present or future funeral home in the area! Fbg 48 Name:Vince Palmer on Mar 8.2012 Comments: Flag 49 Name:Laura Rocha on Mar 8,2012 Comments:I do NOT want my property value to go down and I do NOT want any more traffic in that area!! Flag 50 Name:Araceli R.Hemandez on Mar 8,2012 Comments:NO to a funeral home.Traffic is already bad and there are too many kids walking to and from school and Victoria Gardens.ABSOLUTELY NOT. Flag Page: 1 , 2 . 3 • • A & 13 149 http://www.ipetitions.com/petition/no-to-sci-funeral-home/signatures 7/18/2012 Home>Categories>Other>Please let your voice be heard and join the community In preventing SCI Funeral Services Inc.from building a • proposed funeral home at the corner of E Please let your voice be heard and join the community in preventing SCI Funeral Services Inc. from building a proposed funeral home at the corner of E Sign Blog Signatures Email friends Sign Petition Page: 1 , 2 , 3 Now! 51 Name:Ron Maez on Mar 8,2012 Sponsored links Comments:NO to a funeral home so close to a tranquil beautiful neighborhood.NO to property values going down because of a funeral home.NO!I!!11 Flag 52 Name:Wenjun Hang on Mar 8,2012 Comments:NOl NO!NO! Flag 53 • Name:Wenjun Hang on Mar 8,2012 Comments:NO!!! Flag 54 Name:Weide Shi on Mar 8,2012 Comments:No funeral home In our neighborhood! Flag 55 Name:Albert Mau on Mar 8,2012 Comments:No to funeral home Flag 56 Name: Kathy Miau on Mar 8,2012 Comments:Lets preserve the value of our homes;no to funeral home Flag 57 Name:Chien Tu on Mar 8,2012 Comments: Flag 58 Name:Raquel Wysocki on Mar 8,2012 Comments: Flag 59 Name:Gilbert Mugica on Mar 8,2012 Comments: Flag • A & 8150 http://www.ipetitions.com/petition/no-to-sci-funeral-home/signatures/page/2 7/18/2012 J �J ` �'— --- . l f&v�r�aua£b _# • uuvi W ✓Va v 1MVJ... 1 a L. L ul J W Name:Kaniz Rahman on Mar 6.2012 Comments:I do not want SCI Funeral Services Inc near my home. I am totally against ill This will • reduce our property value and please do not let them build a funeral home on this site.Thank you. Flag 61 Name:Anne Diaz on Mar 8,2012 Comments:NO funeral home-It Is a residential area with enough traffic.And no need to lower property value in this area. Flag 62 Name:Araceli Hernandez on Mar 8,2012 Comments: Flag 63 Name:Ernie on Mar 9,2012 Comments:No Funeral Home Flag 64 Name:Francisco Oaxaca on Mar 9,2012 Comments:I am opposed to this proposed project.It is an inappropriate use In the proposed location. Flag 65 Name: Charles Pike on Mar 9,2012 Comments: Flag 66 • Name:LINH TRI on Mar 9,2012 Comments:I DO NOT WANT FUNERAL HOME NEAR OUR AREA.It will cause too much traffic when a funeral is one it ways.Buyers will not want to buy a home near funeral home.It is my religious believes that to be near funeral home-deaths'is bad.I am so against this.I we on Sonoma Creek Court. Flag 67 Name:Howard Vo on Mar 9,2012 Comments:NO FUNERAL HOME.Just bad in every ways for our neighborhood. Flag 68 Name:Joo Y Shono on Mar 9,2012 Comments: Flag 69 Name:Andy Jayad!on Mar 9,2012 Comments:no to funeral home Flag 70 Name: Ilene Setiawan on Mar 9,2012 Comments:no funeral home,It is bad for neighborhood and traffic Flag 71 Name: Carolyn Ybarra on Mar 9,2012 Comments: Flag 72 • Name: Edward Kim on Mar 9,2012 Comments:No way to the funeral home! Flao & B151 http://www.ipetitions.com/petition./no-to-sci-tuneral-nom e/signatures/page/2 7/18/2012 J"�- J` -- �.. -�.�.u.J ♦ t•_.vuu��c� uvl v��vl,u uv� ��vvJ... L a •_ J VL J 73 . • Narne: Edward 10m on Mar 9,2012 Comments:No way to the funeral home! Flag 74 Name:Edward Kim on Mar 9,2012 Comments:No way to the funeral home! Flag 75 Name:Julie Lopez on Mar 9,2012 Comments: Flag 76 Name:Sylvester Maya on Mar 9,2012 Comments: I am opposed to this proposed development.It Is not a good fit for my neighborhood. Flag rr Na:: . .... Sylvester Maya on Mar 9.2012 Comments:I am opposed to this proposed development. Flag 78 Name:Pam Wehmeyer,Home Owner&Real Estate Broker on Mar 10,2012 Comments:I'm a homeowner,but also Real Estate Broker-many cultures will NOT consider living in my development if funeral home happens because they will not live near anything related to death. Values will plummet again-a more suitable location should be chosen-this type business does not require a premium location to be successful. • Flag 79 Name:Steve Wehmeyer,Homeowner&Real Estate Broker on Mar 10,2012 Comments: Flag 80 Name: Yusuke Shore on Mar 10.2012 Comments: Flag 81 Name:Juan Barayoga on Mar 12,2012 Comments: Flag 82 Name:Veejay Barayoga on Mar 12.2012 Comments: Flag 83 Name: Sharon Goodman on Mar 12.2012 Comments:I live very near the site of the proposed funeral home.I DO NOT want this In our neighborhood!!I Flag 84 Name:Randy Goodman on Mar 12,2012 Comments:I am against this! Flag • A & B152 http://www.ipetitions.com/petition/no-to-sci-funeral-home/signatures/page/2 7/18/2012 85 Name:Manak Sethi on Mar 12,2012 Comments:NO to the funeral home Flag 86 Name:Rishu Marwaha on Mar 12,2012 Comments: Flag 87 Name:Linda Cortez on Mar 12,2012 Comments:Well fast of all,I know death is a part of rtrfe like it or noL...but to be reminded each time I leave my neighborhood,and the traffic Is will create does not make sense to me.The kids lots of them who cross Candrewood and have to see that from day to day.just have to say,glad mine are all grown up and gone.Please,there Is too much land in Rancho Cucamonga,that would be better suited for a funeral home,but definately not and Etiwanda Ave and Candlewood St.Thank you. Flag 88 Name:Anonymous on Mar 13.2012 Comments: Flag 89 Name:Seems Hiranl on Mar 14,2012 Comments: Flag 90 Name:Lifen Hsieh on Mar 15,2012 Comments:No to funeral home Flag • 91 Name: Nancy A.Mc8eth on Mar 15,2012 Comments:There are several empty lots In Rancho Cucamonga where putting a funeral would be more appropriate.For instance.the corner of Baseline&Day Creek.The proposed location is located within a residential area. Flag 92 Name:Claudia Lim on Mar 15,2012 Comments:No funeral homes In my neighborhood please. Flag 93 Name:Hsieh,Ufen on Mar 16,2012 Comments: Flag 94 Name:Fung SluChung on Mar 16,2012 Comments: Flag 95 Name:Mino Pham on Mar 16,2012 Comments: Flag . 96 Name:Uriel Ojeda on Mar 17,2012 Comments: Flag 97 • Name:Tim Dudley on Mar 18,2012 Comments:I do not want a funeral home in my neighborhood.I attended the community meeting held on 3-8-12 held at Etiwanda Gardens Cr-Immunity gCentex.SCI claims there's a need in Rancho http://www.ipetitions.come/pt tition/no-to-sci-funerai -nome /signatures/page/2 7/18/2012 98 • Name:Tim Dudley on Mar 18.2012 Comments:I dont want a funeral in my neighborhood. Flag 99 Name:Charlene Garrett on Mar 19,2012 Comments: Flag 100 Name:David Kang on Mar 20,2012 Comments:No to SCI Funeral Services Inc.in the neighborhood! Flag Page: 1 . 2 , 3 I • A & 8154 http://www.ipetitions.com/petition/no-to-sci-funeral-home/signatures/page/2 7/18/2012 -..�_._ .__. __._.s —r._. -__._.b .._. . _.._.�. ..-. .__-..... . ..b.. . ... . Home>Categories>Other>Please let your voice be heard and join the community in preventing SCI Funeral Services Inc.from building a proposed funeral home at the corner of E Please let your voice be heard and join the community in preventing SCI Funeral Services Inc. from building a proposed funeral home at the corner of E Sign Blog Signatures Email friends Sign Petition Page: 1 , 2 , 3 Now! 101 Name:MH Choudhury on Mar 21,2012 Sponsored links Comments:Even though one day we all have to leave this wonderful world but please we do not want a funeral home next to our neighborhood bra constant reminder!Please build it somewhere else.Thanks, Flag- . 102 - Name:Grace Buonavita-Sevilla on Mar 21,2012 Comments:My family and I are opposed to the development of a funeral site In my neighborhood. My property value has plummeted as a result of the economy and this would wipe out any possibility of a recovery.Grace Sevilla Flag • 103 Name:Jeffrey Char on Mar 22,2012 Comments:no funeral home! Flag 104 • Name:Dominic Melillo on Mar 25,2012 Comments:Concerned about property values,as well as traffic Flag 105 Name:Masudur Rahman on Apr 6,2012 Comments:While I am respectful of a funeral home service,I strongly oppose he idea of SCI Funeral Services Inc establishment at the corner of Etiwanda Ave and Candlewood St.The psychological discomfort of a constnat reminder of death in the neighborhood will have detrimental emotional effect on children and adults alike.There are two elementary schools in the area and our children will be subject to this exposure daily.This is would be unhealthy,cause public nuisance, deprive us of our right to the unimpaired condition of our property and reasonable comfort of our living.I am vehemently opposed to SCI Funeral Services Inc's proposal. Flag 106 Name:Raina Huang on Jun 27,2012 Comments: Flag 107 Name:Gary Olson on Jun 29,2012 Comments:I live In Etiwanda and wish to add my name to the petition in strong opposition to the Funeral Home project planned for Etiwanda Avenue near Church Street in Rancho Cucamonga.If approved,this operation will degrade quality of life and further lower our already-devastated property values.Please let me know what I can do to help stop this inappropriate proposal.Thank you.Gary Olson Flag • http://www.ipetitions.com/petition/no-to-sci-tunerai1nome/signatures/page/3 7/18/2012 _ -___ __. J __ _-._ _- �__— _.-_J•'-'• ___ ••••-•�_-••••* J ••• Y•""""aa+b ..va a uu..aua JW v1tAa .. L 6b'G L V1 .) 108 • Name:Susan Olson on Jun 29,2012 Comments:I am absolutely outraged at the city allowing this proposal to get this far!This is a sickening undermine to those who live in this neighborhood,and will be devastating to the area in general.It will become known as the"area by the mortuary:No one who bought into this area with their hard earned money,who now have mortgages they are upside down on,who are Just trying to get by with their day-to-day struggles,now have this project in front of them to have to worry about. And all this after being told by every real-estate agent around(because that was what they were told by the city)that this area would be residential housing ONLY.Period.Not to mention the psychological impact of undermining those who find beyond offensive.the very presence of a hearse at any time in their life sharing the road,let alone having to be FORCED TO WATCH THEM NOW DAY IN AND DAY OUT.This proposal has not taken into account the quality of fife issues,the extreme psychological toll it will take on those having to watch In as many services as they might have in a day,the additional traffic,hearses going in and out,possible coroner vans,funeral motorcades on their way to the cemeteries,along with the traumatized and somber family and friends in the processions that can be as long and cons-ant as the circumstances allow.I cannot believe this has been allowed to get this far and this is sickening.I have NEVER been allowed a comfortable moment and have in fact been extremely undermined psychologically when I have to see a hearse. Hearses are used for only ONE purpose-to transport dead people.This will increase traffic in an area where there are pedestrians,children walking to and from school,and people who walk for exercise. NO ONE will want to be anywhere near this kind of business and it isthe homeowners who would be stuck in a sickening way of life by feeling confined to not going outdoors and being able to use their own streets to walk on without feeling encroached upon by the business across the street THIS TYPE of business changes the way people feel about their own fives and no one should be FORCED TO THINK ABOUT DEATH ALL DAY LONG-THIS IS TORTURE AND SO INCREDIBLY SELFISH- ALL PARTIES INVOLVED.This proposal needs to be moved to a suitable location SOMEWHERE ELSE!!II!III!!I!I GET THE HELL OUT OF RANCHO-WE DON'T WANT YOU HERE AND YOU SHOULD BE MORE SENSITIVE CONSIDERING WHAT YOU DO FOR A LIVING TO EVEN THINK OF COMING INTO A NEIGHBORHOOD THE WAY YOU HAVE.AND TO OUR CITY COUNCIL- GROW A BACKBONE AND DECIDE YOU ALREADY GET ENOUGH IN THE MILLIONS OF PROPERTY TAX DOLLARS TO TRY TO DO SOMETHING LIKE THIS TO YOUR TAX-PAYING RESIDENTS WHO WERE LOYAL ENOUGH TO BUY HERE AND NOW YOU WANT TO DO THIS? STOP THIS NOWT Flag 109 • tame:L Downey on Jun 29,2012 Comments:This is outrageous and needs to be stopped.People work hard in choosing exactly where they live and NO ONE wants to live near a mortuary.NO ONE.PUT it next door to one of the city council members'homes and see how fast they will find another location...Rancho Cucamonga does NOT NEED MOTHER MORTUARY AND DEFINITELY NOT IN ETIWANDAIIII They are being COMPLETELY INSENSITIVE AND GREEDY.This kind of business is necessary when and where It is necessary,but It is NONE of those things here.There is a LOT of money they want to cash in on hying to make here In an area Ike pristine Etiwanda—make no mistake—WE DON'T NEED THEM— THEY NEED US.AND ARE TRYING TO MAKE A POINT THAT IS A LIE.THE PEOPLE DO NOT WANT THEM HERE.This is so psychologically upsetting to even think about The people in Etiwanda and Rancho Cucamonga deserve better and more people who WILL BE AFFECTED BY THIS are not being told for only one reason—they don't want opposition-and being in this business they ALREADY KNOW THEY WOULD HAVE OPPOSITION SO THEY DON'T GO OUT OF THEIR WAY TO INFORM THE PUBLIC AT LARGE WHO WOULD BE AFFECTED BY ALL OF THIS AND IT IS WELL MORE THAN THE 660 FEET OF NECESSARY-TO-INFORM GUIDELINES.THE CITY MUST LISTEN TO THEIR COMMUNITY-THE SAME ONES WHO VOTED FOR THEM.AND THE SAME ONES WHO PAY THE TAXES THAT PAY THEIR SALARIES.THIS IDEA NEEDS TO BE SCRAPPED AND PUT NOWHERE ELSE IN THE AREA—I DON'T WANT TO LIVE NEAR DEATH AND NEITHER DO ANY OF MY NEIGHBORSII I walk on Etiwanda for exercise and see the school children and the traffic going to the schools,churches and mall.This would be catastrophic to the area's already declining property values,let alone the cultural issues dealing with death,fears everyone has on some level re:death,and not wanting to have dead people thisdose to where they live,not wanting hearses driving around and funeral parties on their way to the cemetery.This is NO WAY TO LIVE.This is no way to treat the hard-working,tax-paying,voting,residents just trying to live their lives in a world where their home is sometimes their only refuge...even as they try to make payments on homes they are upsIde-down on.This area was specifically sold as'residential only,' and that is the predicate upon which people bought into and now own all the homes they do in this area and of which so many are upside down and this idea would plunge them even further into an untenable situation they could never get out of.WHY WOULD THE CITY PUT THE VERY PEOPLE WHO PUT THIS AREA ON THE MAP,WHO PUT THEM IN OFFICE,WHO MADE THIS AREA THE BEAUTIFUL AREA IT IS-DO THIS TO US?WHY?HOW COULD IT HAVE EVEN BEEN A THOUGHT?WHO WANTS TO HAVE TO PASS A MORTUARY TO GET TO A FUN DAY WITH FRIENDS AT THE MALL?It takes my appetite away.You can't do this to us-how could you live with yourselves?And a group of us only found out by chance this was happening the other day because we happened to notice for the first time,the sign so very In front so everyone could see"sign and • the word'funeral"in front of the word Thorne."We were shocked,and this sign has not been up as tong as they are saying,and with all the building going on for as many years as it has been,It is quite possible that for everyone passing it.It becomes'more of the same'of what they have come to A & B156 http://www.ipetitions.com/petition/no-to-sci-funeral-home/signatures/page/3 7/18/2012 110 • Name:C Downey on Jun 29,2012 Comments: Flag 111 Name:Steve Wysocki on Jul 11,2012 Comments: Flag 112 Name:Melani Sue Wysocki on Jul 12.2012 Comments: Flag 113 Name:Sonia Hernandez on Jul 13,2012 Comments:stop this project now!this is awful and not what I bought here to live by!I don't want to be near thisl Flag 114 Name:Victor Angelo on Jul 13,2012 Comments:I don't want to live,work,shop,or be anywhere near a mortuary!What is wrong with you people at the city? Flag 115 Name:Mary Angelo on Jul 13,2012 Continents:STOP THIS PROJECT—NO MORTUARY IN ETIWANDA!GO FAR,FAR AWAY! Flag 118 • Name:Liz Knight on Jul 13,2012 Comments: NO MORTUARY ANYWHERE IN ETIWANDA—NOWHERE IN ETIWANDAII!THIS IS A PLACE FOR FAMILY,SHOPPING.GOING OUT,AND LIVING—NOT DEATH,NOT HEARSES, NOT LIMOS CARRYING SAD,GRIEVING FAMILIES.NOT HERE NOT EVERT It is hard enough on the people who made this area so nice and to totally downgrade It as a place for the dead who do not belong with the livingmmni!!I!Get out!This area has been special for too many years before It was even developed into what it is today and to desecrate the families who moved here with the understanding they would be unto themselves as single family residents only without having to worry about something SO HORRIFIC!NO MORTUARY ANYWHERE IN ETIWANDA—WE DONT NEED ANOTHER FUNERAL HOME!AND TO THINK THEY ARE STILL PLOWING THROUGH WITH THIS EVEN THOUGH THEY KNOW HOW WE ALL FEEL ABOUT THEM BEING HERE—AND BRINGING IN AN ELEMENT WE DON'T NEED!Who knows what kind of people will be Involved with coming to this area to'see"their dead whoever...disgusting! Flag 117 Name:Beddka Ebbenkamp on Jul 13.2012 Comments:NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO!!!!!NO MORTUARY ANYWHERE IN RANCHO CUCAMONGA,ETIWANDA,ALTA LOMA,OR ANYWHERE ELSE NEAR HERE...WE DON'T NEED ITI WE ALREADY HAVE THE TWO WE NEED.GO AWAY YOU MONEY MONGERS!THIS MAKES ME SICK. Flag 118 Name:Karen Miller on Jul 13,2012 Comments:I HAVE HAD my business hem in Random Cucamonga very close to Etiwanda and Church for many years.I DO NOT WANT THIS MORTUARY HERE!I do not want my clients having to go by that location and have to think about death.This Is NOT a business for Etiwanda/Rancho Cucamonga. It will bring down values of properties,and everything around It.Mortuaries are not synonymous with bringing ANYTHING good to an area.They are in it for the money and take advantage of people when they are most vulnerable.This business is only here because they want to get a stronghold in the area and screw the community.Not this time.NO MORTUARIES ANYWHERE IN RANCHO CUCAMONGA—WE DO NOT HAVE A NEED AND ESPECIALLY ANYWHERE AROUND HERE.WE HAVE OTHER CHOICES WHEN R COMES TO THIS SUBJECT and forcing people to live near something so vile and upsetting on a daily basis,7 days a week,as their"new' • way oRTife is disgusting.SHAME ON YOU SCI—YOU KNOW WE DONT WANT YOU HERE.THERE WERE ENOUGH PEOPLE WHO SHOWED UP AT YOUR MEETING TO TELL YOU HOW THEY FELT.GUESS ALL THAT COMPASSION AND INTEGRITY ON YOUR WESSITE ONLY APPLIES & 9157 http:!/www.ipetitions.corn/petition/no-to-sci-funeral-nome/signatures/page(3 7/18/2012 119 • Name:Diana Wills on Jul 13,2012 Comments: We don't want this here!! Flag 120 Name:Diana Wills on Jul 13,2012 Comments:We don't want this here!! Flag • 121 Name:James Lani on Jul 13,2012 Comments:Because of the nature of the business,I do believe the existing homeowners in the surrounding area have great weight In allowing this project to continue.If they don't want it,then neither do I. Flag 122 Name:M Kestennann on Jul 14,2012 Comments: I live with my niece many months of the year when I come home and I have kidney disease and am awaiting transplantation surgery.I am scared most of the time I won't get a kidney in time and could absolutely NOT BEAR to be around,new,or forced to see death around me at all times.I walk Etiwanda with my niece,we go to shopping,out for a meal,and it would just change how I feel about my chances.You are asking TOO MUCH from humanity to put up with such a SELFISH proposal to shove death Into the faces of those who live there,and who have made that area what it is.You funeral home/mortuary people are very forceful,pushing,sickening,and black-hearted to do this when the community has already spoken—and we SAID NO! Flag 123 Name:Leon And Katie Salajan on Jul 15,2012 Comments:I do not agree with this proposal and believe It will psychologically effect young and old people.We deserve the right to live in our home and be free of the sight of death everyday.1 am terribly sadden for the young children who will have to face this sight often. • Rag 124 Name:Laura Losquadro on Jul 16,2012 Comments: Flag 125 Name:Gee Kim on Jul 17,2012 Comments:Please do not allow a funeral home to be built in our neighborhood.This will NEGATIVELY impact the neighborhood in many ways! Flag 126 Name:Samuel Kim on Jul 17,2012 Comments:This is a family neighborhood and a funeral home is not a good not a good fit here. Flag 127 Name:Julie Lopez on Jul 17,2012 Comments: Rag 128 Name: Monica on Jul 17.2012 Comments:NorlIuCp This would not be good for this c Flag 129 Name:Mary Szitkar on Jul 17,2012 Comments:no mortuary Flag 130 • Name:Michael Bushnell on Jul 17,2012 Comments:We do not want this funeral home going In. A & 8158 http://www.ipetitions.com/petition/no-to-sci-funeral-home/signatures/page/3 7/18/2012 131 • Name:Anonymous on Jul 17,2012 Comments:we support this petition.building a funeral home In this area could mice property values in the area to drop.In addition,it will create traffic problems. Flag 132 Name:MEREDITH YOUNG on Jul 17,2012 Comments:No funeral home please!t!t!l!!!!! Flag 133 Name:David J. Lord on Jul 17,2012 Comments: Flag 134 Name:CHARLES RITZ on Jul 17.2012 Comments: Flag 135 Name:Owen St Germain on Jul 18,2012 Comments:I live directly across the street on Et!wanda from this proposed site and I don't want this to be built here. Flag 136 Name:Jung Kim on Jul 18,2012 Comments: Flag 137 • Name:Kes n on Jul 18.2012 Comments::Please remove my email address from your computer.This is a one time vote. Flag Page: 1 . 2 , 3 http://www.ipetitions.com/petition/no-to-sci-funeral-nome/signatures/page/3 7/18/2012 TAB 7 Victoria Bloom, Ph.D. Clinical Psychologist;license No.PSY14866 1300 Bristol Street North, Suite 175, Newport Beach, CA 92663 (949) 474-8494; inbloom4 @verizon.net Mr. Michael Smith airy OF RANCHO CUCAM jjAA Rancho Cucamonga Planning Department 10500 Civic Center Drive JUL- 1.6 2012 Rancho Cucamonga, CA 91730 July 9, 2012 RECEIVED - PLANNING Dear Mr. Smith: I am writing on behalf of clients that I treat,regarding, as I understand it, a proposal to construct a funeral home in their neighborhood. I am treating my clients for issues revolving around grief and loss, and I believe the proposed facility, sited near their home so they encounter it on a daily basis,would be particularly disruptive to their states of mind and course of treatment. Severe psychological trauma can be devastating and last many years. Additionally, it is my opinion that the proposed facility could have a negative impact on any other resident dealing with any of a host of psychological problems including anxiety, depression, trauma, and grief. It should be noted that these are not uncommon psychological problems. I urge you to give consideration to my clients' situation, and identify alternative sites. Thank you for your time and attention. Sincerely, Victoria Bloom, Ph.D. • A & B 34 TAB 8 FENG SHUI CONCEPTS Buying A Hous Page 1 of 2 FENG SHUI CONCEPTS Buying A House By Jenny T. Liu Having foresight in buying a house with good feng shui can prevent many mishaps. Oftentimes, people take for granted that their environment impacts their well-being; not recognizing this fact until something goes wrong. In feng shui, everything around us should naturally stimulate our health and growth. Anything that contradicts this development is a violation of the natural laws. Thus, it is self-defeating and illogical to live in an environment that does not give us peace of mind and the ability to focus on excelling in life. In selecting a house according to feng shui, we must first understand the energies of each family member. Depending on their year of birth, their body's frequencies are either in the Western or Eastern Direction Pattern. The body's frequency pattern serves as a guideline for where the main functions of the house should be located. For those born under the Western Direction Pattern, this means their body receives the strongest frequencies from the west, northwest, southwest and northeast. The main door, where energy comes in, and the master bedroom, where people re-energize themselves, should be located in these directions. The • kitchen and bathroom—sources of negative energy or pollution—should be away from the positive Western Direction Patterns and be located in the opposite directions: south, southeast, east and north. People born of the Eastern Direction Pattern should have their main door and bedrooms in the east, southeast, north or south. The kitchen and bathroom should be in the northeast, southwest, west or northwest. Depending in which direction the rooms are actually located, there are different effects on the residents. Special considerations are taken when there are people of both Eastern and Western Direction Patterns in one family. In addition to having the correct orientation, an ideal site should sit on stable, flat land. Having distant hills behind a site protects and gathers energy. Having small balanced hills and a gradual upward slope in back of a site help to contain energy—like an easy chair in the landscape. Keep in mind that the different shapes and locations of hills will have various effects on the house's feng shui. In the neighborhood, try to avoid houses located near sources of yin, or negative energies, such as a hospital, cemetery, mortuary, landfill, or power plant. Houses surrounded by tall buildings, at the end of a cul-de-sac or a deadend street usually lack energy. The economic and environmental health of a community can reveal its viability. Architecturally, the shape of the house should be symmetrical and balanced, and deeper than it is wide to contain energy. The entry or foyer should be open and spacious to allow energy to flow into the house. • Inside, doorways should not line up. This places two potentially conflicting mouths of energy against each other. Hallways are best kept short and few. Long hallways are narrow spaces where energy tends to be r,++...ii, .nn,/n,n.nnrci,,,nc c.,,, 0H,„ H+n 1 0/1 A/11111 r C1VV onus LOINt,nr 1.) nuyuig r1 nvua . agc . v, stagnant. The kitchen and bathroom produce pollution that requires windows for ventilation—they should not be located in the center of the house. Staircases are also sources of danger or unstable energy that should not be located at the heart of the house. When buying an existing house, if 50-60% of these general guidelines are met, the rest can usually be adjusted. Please be aware that these guidelines are general and do not necessarily determine if the feng shui is good or bad. They are only some of the basic pointers. Because every one of us is unique, and the energies around us are constantly changing—every home has a different effect on the various individuals who live in it. For example, in one house, a family may live a prosperous life while another family moves in with the opposite fortune. There are over 60 factors involved in a comprehensive feng shui analysis and a final on-site evaluation is required to determine which house has a feng shui that promotes a particular family. Living in an environment that has good feng shui vs. bad feng shui is like the difference between eating organic food vs. processed food. Organic foods are free of pesticides and their nutrients are in a natural form that the body readily digests and converts to usable energy, allowing our biological system to function efficiently. Likewise, good feng shui allows you to live in sync with and absorb natural energies so you can live a progressive life. Finding or creating an environment with good feng shui is a vital part of living a heal-thy and prosperous lifestyle. Jenny Liu holds a Bachelor's Degree in Environmental Design from UC Berkeley and a Master's • Degree in Architecture from UCLA. She is an expert in the 8,000-year-old Chinese philosophy of Feng Shui who also shares her knowledge through seminars, workshops,periodicals and the interne. Awarded for her Master's Thesis on Feng Shui,Ms.Liu is a fourth generation practitioner with her own consulting firm. For more information,see www.liu-fengshui.com Return to the March/April Index page • http://www.awarenessmag.com/marapr5/ma5_feng_shui.html 9/16/2012 TAB 9 Page 1 of 6 Justia.com Lawyer Directory Legal Answers Law Blogs Law more • • Sign In Justiaus Law ��Gom (Search for... in -- Justia > US Law > US Case Law > California Case Law > Cal. App. 2d > Volume 88 > Brown v. Arbuckle 88 NEW - Receive .Justia's FREE Daily Newsletters of Opinion Summaries for the US Supr Courts & the 50 US State Supreme Courts and Weekly Practice Area Opinion Summaries New Brown v. Arbuckle 88 Cal. App. 2d 258 Share j Tweet [Civ. No. 3738. Fourth Dist. Oct. 28, 1948.] GUY W. BROWN, Respondent, v. N. B. ARBUCKLE, Appellant. 1 • COUNSEL D. Siemon, Maas & Siemon for Appellant. S. B. Gill for Respondent. OPINION Tr A MUSSELL, J. Si C+ This is an appeal by the defendant from a judgment enjoining and restraining him from 0 establishing and maintaining a mortuary and funeral parlor on property [88 Cal. App. k 2d 259] owned by him in the town of Oildale, California. In the amended complaint for la cc an injunction it is alleged that defendant is the owner of Lots 1 and 2 in Block 4 of Si Oildale Annex and plaintiff owns Lots 3 and 4 adjoining; that on or about December 19, Ti 1947, defendant commenced the construction and erection of a mortuary and funeral B, parlor upon his premises; that plaintiff's property, upon which he resides with his _ family, is situated in the residential portion of Oildale and is suitable and valuable only for residential purposes; that in the operation of the mortuary and funeral parlor human A° bodies will be received, embalmed and kept for burial; that autopsies will be held and • funeral ceremonies conducted; that large numbers of people will come and go and assemble for such purposes; that ambulances will call at said funeral parlor at all times of the day and night to deliver dead human bodies; that the operation of the mortuary http://law.justia.com/cases/califomia/calapp2d/88/258.html 9/16/2012 Page 2 of 6 and funeral parlor immediately adjacent to plaintiff's property, with its constant Q • reminder of mortality and attendant circumstances, will create a depressive atmosphere L which will affect the mental attitude of plaintiff and the members of his family with consequent physical disorders; that the quiet use and enjoyment of plaintiff's residential property will thereby be impaired; that the true value of plaintiff's property as a home, as a place of repose and comfort will thereby be greatly diminished and that the normal operation of the mortuary and funeral parlor will interfere with and obstruct 0 the normal and free passage of traffic along the streets in the vicinity and adjacent to () plaintiff's property. It is also alleged that the owners of certain lots in the Oildale Annex, including the lots of plaintiff and defendant, entered into an agreement in writing which contains covenants restricting the use of said lots to private residences or dwelling houses and forbidding the use of these lots for the erection of any business buildings; that this agreement was recorded in the office of the recorded of Kern County in December, 1939; that defendant purchased his property with knowledge of the terms of this agreement and has commenced the construction of a mortuary and funeral parlor thereon in violation of the terms of the agreement to plaintiff's damage. It was stipulated at the trial that defendant's funeral parlor would not be a nuisance per se, and that there are no zoning or other restrictive ordinances affecting the property. Fi Plaintiff Brown testified that the repeated sight of visitors to the funeral parlor, showing r r, signs and evidences of bereavement, [88 Cal. App. 2d 260] would be a source of ILL. mental irritation. He testified, as did his wife, that they used their backyard constantly n' in the summer as a place to eat, have picnics, lunches and parties for their friends; that P the proximity of the funeral parlor, with its constant reminder of death, would have a dampening effect on this type of entertainment, and would in all probability cause their H friends to refrain from visiting them. Defendant testified that the main entrance for C� visitors to the mortuary would be on Wilson Street immediately adjacent to plaintiff's Vi Ir property and in view of his family and neighbors from their homes in the 400 block on pi that street; that he intended to have a large neon advertising sign over the entrance to r the mortuary on Wilson Street. There was testimony by a physician that the establishment of a mortuary next to plaintiff's home could and would reasonably cause mental strain on the respondent and his family and neighbors, so as to reasonably Si Bi result in direct physical or functional upsets and disturbances. There was testimony that Vi the sale and rental value of plaintiff's real property would be reduced between 10 and 12 per cent by the establishment of the mortuary. There are no business Lc • establishments in the block in which defendant's property is located and within a radius of several blocks the character of the neighborhood is primarily and largely residential. K http://law.justia.com/cases/califomia/calapp2d/88/258.html 9/16/2012 Page 3 of 6 Al The court found that the establishment of a mortuary and funeral parlor upon D, • defendant's premises would be a constant mental irritant to plaintiff and members of Lc his family which would reasonably cause the plaintiff and his family to suffer certain physical disturbances, would interfere greatly with the plaintiff and his family's comfort O and enjoyment of his property and would reduce the sale and rental value thereof; that Ci the immediate neighborhood within a radius of more than one block of defendant's pi property is used exclusively for residential purposes, and for a radius of several blocks is primarily and substantially residential. The court concluded that the restrictions in the agreement between the lot owners were not binding upon the defendant and that the establishment and maintenance of a mortuary and funeral parlor upon defendant's H Ci property would create a nuisance in fact in an exclusively residential area and that L< defendant should be enjoined from establishing it. Si The question to be determined is whether the establishment and operation of a mortuary or funeral parlor in a residential [88 Cal. App. 2d 261] area as here shown can constitute a nuisance enjoinable in equity. Si [1] While some courts hold that an undertaking parlor or funeral home in a residential district is not a nuisance, the more recent trend of authority is clearly to the contrary. • Bevington v. Otte, 223 Iowa 509 [273 N.W. 98]. Supreme Court of Iowa, 1937.) In an annotation in 87 American Law Reports, page 1061, it is said: "The greater weight of recent authority is to the effect that the establishment and operation of an undertaking business in a purely residential section, under circumstances which would cause a depressed feeling to the families in the immediate neighborhood, and a constant reminder of death, appreciably impairing their happiness, or weakening their power to resist disease, and depreciating the value of their property, constitutes a nuisance." This statement is supported by the citation of authorities from Alabama, Arkansas, Indiana, Kansas, Maryland, Michigan, Missouri, New York, North Dakota, Oklahoma, Texas, Virginia and Washington. (Bevington v. Otte, supra.) In this case the court quotes the language in Tureman v: Ketterlin, 304 Mo. 221 [263 S.W. 202, 204, 43 A.L.R. 1155], as follows: "An undertaking establishment is not a nuisance per se. The business of preparing dead bodies for burial is not only lawful but indispensable. It may become a nuisance, • however, from the manner in which it is conducted or because of the place at which it is maintained, and it is very generally held to be such when it intrudes itself into a strictly residential district. Beisel v. Crosby, 104 Neb. 643, 178 N.W. 272; Densmore v. http://law.justia.com/cases/california/calapp2d/88/258.html 9/16/2012 Page 4 of 6 Evergreen Camp, 61 Wash. 230, 112 P. 255, 31 L.R.A. N.S. 608, Ann.Cas. 1912B, • 1206; Saier v. Joy, 198 Mich. 295, 164 N.W. 507, L.R.A. 1918A, 825; Meagher v. Kessler, 147 Minn. 182, 179 N.W. 732; Osborn v. Shreveport, 142 La. 932, 79 So. 542, 3 A.L.R. 955; Goodrich v. Starrett, 108 Wash. 437, 184 P. 220; Cunningham v. Miller, 178 Wis. 22, 189 N.W. 531, 23 A.L.R. 739. The essential ground of such holding is that the maintenance of an undertaking establishment in a residence district tends to destroy the comfort, well-being, and the property rights of the owners of homes therein." In Cooley on Torts (4th ed. 1932), Volume 3, page 180, section 435, it is said: [88 Cal. App. 2d 262] "The inherent nature of an undertaking establishment is such that, if located in a residential district, it will inevitably create an atmosphere detrimental to the use and enjoyment of residence property, produce material annoyance and inconvenience to the occupants of adjacent dwellings, and render them physically uncomfortable, and in the absence of a strong showing of public necessity, its location in such a district should not be permitted over the protest of those who would be materially injured thereby." In Arthur v. Virkler (1932), 144 Misc. 483 [258 N.Y.S. 886], the court after reviewing many cases held that the moving of an undertaking establishment into the midst of a residential district was an illegal encroachment upon plaintiffs' property rights and a nuisance which equity will abate. The Supreme Court of Georgia (1938) in McGowan v. May, 186 Ga. 79 [196 S.E. 705], is in accord with the statement in 87 A.L.R. 1061. Where, in an area of eight city blocks, there were about 75 residences and the only commercial places were two small grocery stores and a delicatessen shop the court held that the area was essentially residential in character so as to entitle the owner and occupant of a residence therein to an injunction against the establishment of a funeral home on an adjoining lot. (Davis v. Holmes (1940), 189 Miss. 554 [198 So. 25].) In Smith v. Fairchild (1942), 193 Miss. 536 [10 So.2d 172], the Supreme Court of Mississippi affirmed the modern weight of authority rule and held that the maintenance of an undertaking and embalming establishment in a residential district must inevitably operate to decrease substantially property values, destroy the comfort and happiness of people residing in the immediate vicinity, and is an unwarrantable invasion of the rights of others, and constitutes a nuisance. • The Supreme Court of Missouri (Clutter v. Blankenship (1940), 346 Mo. 961 [144 S.W.2d 119]), in holding that the establishment of a funeral home in a purely http://law.justia.com/cases/california/calapp2d/88/258.html 9/16/2012 Page 5 of 6 residential district constituted a nuisance referred to the California case of Dean v. • Powell Undertaking Co., 55 Cal.App. 545 [203 P. 1015], as supporting a contrary contention but held that a majority of adjudications by other courts are in accord with the Missouri cases, and that the trend of later decisions point in that direction, citing White v. Luquire Funeral Home, 221 Ala. 440 [129 So. 84]; Fentress v. Sicard, 181 Ark. 173 [25 S.W.2d 18]; Harris v. Sutton, 168 Ga. 565 [148 S.E. 403]; [88 Cal. App. 2d 263] Haan v. Heath, 161 Wash. 128 [296 P. 816], in effect overruling Rea v. Tacoma Mausoleum Assn., 103 Wash. 429 [174 P. 961, 1 A.L.R. 541]; Beisel v. Crosby, supra; Albright v. Crim, 97 Ind.App. 388 [185 N.E. 304]; Weinmann v. Miles, 134 Kan. 107 [4 P.2d 437]; Dillon v. Moran, 237 Mich. 130 [211 N.W. 67]; Arthur v. Virkler, supra; King v. Guerra (Tex.Civ.App.), 1 S.W.2d 373; Bragg v. Ives, 149 Va. 482 [140 S.E. 656]. Other cases to the same effect are Kundinger v. Bagnasco (1941), 298 Mich. 15 [298 N.W. 386]; Fraser v. Fred Parker Funeral Home (1942), 201 S.C. 88 [21 S.E.2d 577]; Reiser v. Osborn (1944), 114 Ind.App. 617 [53 N.E.2d 545]; Meldahl v. Holberg (1927), 55 N.D. 523 [214 N.W. 802], and Fink v. Smith (1934), 140 Kan. 345 [36 P.2d 976]. In the instant case there was an agreement between lot owners in the vicinity of and including defendant's property, which was recorded prior to the defendant's purchase of • it, and the agreement contained restrictive building covenants of which defendant had notice. This agreement was evidence of the character of the neighborhood and the evident desire of property owners therein to maintain their properties for residence purposes only. [2] The trial court found that the establishment of a mortuary and funeral parlor on defendant's property would greatly reduce the sale and rental value of plaintiffs property; that such an establishment would interfere greatly with the comfortable enjoyment of his property and would be a constant mental irritant to the plaintiff and members of his family and would cause them to suffer physical disturbances. We are in accord with these findings. A mortuary and funeral parlor as a constant reminder of death has a depressing effect upon most people. Funerals, hearses, coffins, the keeping of dead bodies on the premises, the coming and going of bereaved persons, are conducive to depression and sorrow and deprive a home of the comfort and repose to which its owners are entitled. Especially is this true when such an establishment is located adjacent to and in full view of plaintiff's property. Medical testimony was received to the effect that the mental strain caused thereby would • reasonably result in direct physical disturbances. http://law.justia.com/cases/califomia/calapp2d/88/258.html 9/16/2012 Page 6 of 6 Our attention has been directed to the case of Dean v. Powell Undertaking Co., 55 • Cal.App. 545 [203 P. 1015], as contrary to the rule announced in the cases herein cited. In the Dean case the decision was based solely upon the pleadings and general findings. The court correctly found that a nuisance [88 Cal. App. 2d 264] per se did not exist. However, there was nothing in the evidence or findings to show that the undertaking establishment was a nuisance in fact. The evidence is not set forth and it was merely assumed that a few general findings were as paraphrased in the opinion. The holding of funerals was not involved. However, the court distinguished that case from the case of Beisel v. Crosby, supra, saying that the Supreme Court of Nebraska was considering a set of facts that was altogether peculiar and different from the case there involved. The facts of the Nebraska case were extensively set forth and appear to be much more similar to the instant case than those apparently involved in the Dean case. In the instant case the court found that the establishment of a mortuary and funeral parlor would constitute a nuisance in fact, and found facts showing physical as well as mental injury to plaintiff and the members of his family. This finding was supported by some substantial evidence. The question was one of fact for the trial court and under the circumstances we do not regard the Dean case as controlling here. • [3] The plaintiff contends that the court erred in ruling that the building restrictions contained in the agreement of certain lot owners in Oildale Annex were not binding on the defendant. It becomes unnecessary to determine this question. Judgment was in favor of plaintiff based on the second count of the complaint and has been affirmed on appeal. The plaintiff did not appeal from the judgment or any part of it. Under such circumstances the point cannot be urged by plaintiff on this appeal. (Miller v. More, 170 Cal. 557 [150 P. 775]; Griffin v. City of Los Angeles, 134 Cal.App. 763 [26 P.2d 655].) Judgment affirmed. Barnard, P. J., and Griffin, J., concurred. Copyright © Justia :: Company : : Terms of Service : : Privacy Policy : : Contact Us • http://law.justia.com/cases/califomia/calapp2d/88/258.html 9/16/2012 TAB 10 • _ULVWNIR Architects MA 221 main street suite I huntington beach california 92648 (714) 536-2009 fax (714) 536-3669 March 16, 2012 City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, Ca 91730 Attn: Mike Smith Re: DRC 2011-01094/01094D: Neighborhood meeting. Mike, I have attached the sign-in sheet for our neighborhood meeting that took place on March 8111. I will summarize the meeting. Brad Buller (Applicant's local representative), who acted as master of ceremonies for the meeting made the introduction of the project team. The project team consisted of Dann Narveson (Applicants corporate representative), myself(Architect) and Glen • Abercrombie (Applicant's local representative). Also in attendance was the Owners traffic consultant. Dann Narveson spoke first and was interrupted within 5 minutes of his presentation by public opposition to the entire concept of a funeral home at the subject site. Brad Buller then proceeded to ask for specific questions from the public. The next 90 minutes consisted of more statements than questions and the general tone of the remainder of the meeting was that the public does not want a funeral home in this location. The meeting was then adjoumed after no more public questions arose. The applicant was not able to present the project's operations, architecture, traffic or public improvements and was not asked any questions that related to any of these subjects directly. If you would like to discuss the meeting or have any questions about our project please contact me. Sincerely, HMR Architects • William Reseigh EXHIBIT A & B 31 TAB 11 1 �. • i L"t . T H E C I T Y O F QANCEO CUCAMONGA Memorandum TO: Mayor, and Members of the City Council City Manager John R. Gillison Assistant City Manager Linda Daniels FROM: Donna Kendrena, Executive Assistant DATE March 15, 2012 isibin SUBJECT: FUNERAL HOME PROPOSAL 1 ETIWANDA AVENUE .1— " ' t`� I received a call from residen ;,,,; a.' 4,,t;';'09-565-6431 who wanted to voice her APPROVAL of the proposed uneral Home on Etiwanda Avenue. She attended the meeting on March 8th and was appalled at the behavior of some of the attendees. She would have liked to have been able to hear the complete presentation, but because of the rude and disruptive behavior of several people that just wasn't • possible. She added that the Funeral Home would be a great addition to the City citing that we do not have this convenience and she recently used the services of the same company in Upland and they handled everything perfectly. She repeated several times how disappointed she was with the meeting because of the "evil forces" in the room, and hopes the Council will consider the Funeral Home as a potential business in RC. Cc: James Troyer, City Planner . CITY OF RANCHO CUCAMONGA MAN - tulz RECEIVED - • A & B 75 TAB 12 rage iori Smith, Michael • From: Smith, Michael Sent: Tuesday, December 06, 2011 11:37 AM To: johnthai @live.com' Subject: Conditional Use Permit DRC2011-01094 and Development Review DRC2011-01094D i/i Funeral Home at Etiwanda and Candlewood Hello, John My contact info: Mike Smith Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-2750 ext.4317 m i c h ae l.smith @c ityofrc.u s From: Kendrena, Donna Sent: Tuesday, December 06, 2011 10:40 AM To 'johnphai @live.com' Subject: Applicant for Funeral Home I j ust st spoke John, just to Mike Smith in our Planning Department and he assured me that the Funeral Home application was just received on November 1St and is at the very beginning of the approval process. He encouraged me to have you send a letter/e-mail with your concerns so that the Planning Commission is aware of how the Community feels about the project. Another piece of good news. . . the application does not ask for any cremation services on the property,just a funeral home. Mike has requested additional information from the applicant to clarify all property uses and will be happy to speak to you at anytime about the project. He can be reached at 909-477-2700 x 4317. I hope that eases your mind for now, but please send the e-mail or letter as we discussed as it will be extremely helpful during the approval process. Sincerely, Donna xcnIrena,CAD-0S 1 Executive Assistant to the City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) £19.2615 (9091477-2846 FAX donna.kendrena at ofrc.us IJ 2/8/2012 A & 8132 TAB 13 Definition: Nuissance. Page 1 of 5 • Nuisance In tort law, a type of wrong. A wrong arising from the unreasonable, improper, indecent, or unlawful use of property to the annoyance or damage of another, or the general public. A private nuisance is an interference with a person's interest in the use and enjoyment of his land. A public nuisance is an interference with the common right of the general public or an indefinite number of persons; an unreasonable interference with the health, safety, peace, or comfort of the community. "There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word nuisance." William Prosser,The Law of Torts,4th ed., page 571. CALIFORNIA CIVIL CODE 3479. Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public 0 park, square, street, or highway, is a nuisance. (3480.) Section Thirty-four Hundred and Eighty. A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. 3481. Every nuisance not included in the definition of the last section is private. 3482. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. 3482.1. (a) As used in this section: (1) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity. (2) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes,skeet, trap, black powder, or any other similar sport or law enforcement training purpose. (3) "Indoor shooting range" means a totally enclosed facility designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation and lighting systems, and acoustical treatment for sound attenuation suitable for the range's approved use. (4) "Nighttime" means between the hours of 10 p.m. and 7 a.m. • (b) http://www.techlawjournal.com/glossary/legal/nuisance.htm 9/17/2012 TAB 14 Definition: Nuissance. Page 5 of 5 1. Indictment or information; • 2. A civil action; or, 3. Abatement. 3492. The remedy by indictment or information is regulated by the Penal Code. 3493. A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise. 3494. A public nuisance may be abated by any public body or officer authorized thereto by law. 3495. Any person may abate a public nuisance which is specially injurious to him by removing, or, if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. S http://www.techlawjournal.comiglossary/legal/nuisance.htm 9/17/2012 Nu ,3nce Lawsuits - Nuisance Property I Lawyers.com Page 1 of 3 • ` `- I Search Lawyers.cor awyersocori 1. Your Legal Solution Starts Here Find a Lawyer Understand Your Legal Issue Discuss Your Legal Issue Lawyers.Com>Understand Your Legal Issue>Your Home And The Law>Commercial Real Estate>When Does A Commercial Pose A Nuisance? When Does a Commercial Property Pose a Nuisance? POSTED 3 MONTHS AGO IN COMMERCIAL REAL ESTATE BY LAWYERS.COMw 0 COMMENTS Tneet 0 Linked In 0 Email L]Share 2 r �- -'" Commercial activities can be loud and smelly. They can { • i involve the warehousing of materials and the use of•a - • \ hazardous substances. They are associated with increase 1 traffic. Building codes, fire codes, and zoning laws exist to :taislitt 1 p keep these nuisances under control. Sometimes, they do not. When neighbors complain, small business owners mu �" °y - remedy the situation or face legal action. • dit��1 d rr" r°4 A Nuisances Can Be Public or Private A nuisance is any condition or activity that offends people or put them in danger. Private nuisances affect a single homeowner. Public nuisances affect groups of people, either because people regularl• visit the area where the business is located or because the nuisances affect public property. Crime is a Nuisance If a business owner uses his commercial property for illegal activity, or allows anyone else to do so, this constitutes a public nuisance because it can endanger others. Examples of this would be drug sales or use of a warehouse to store stolen property. Junk and Debris Are Nuisances Commercial property covered in trash is a nuisance. A building in desperate need of repair would als qualify. If a business owner keeps rusting, inoperable vehicles on the property or stores abandoned furniture there, most municipalities would consider this a nuisance. Lumber or construction equipmer that's in such bad condition that it's no longer useful could also be a nuisance. Health Hazards Are Nuisances Hazards that risk the health of the public are nuisances in most municipalities. For example, stagnan • water, animal manure, and septic waste can all pose a health risk to anyone who comes in contact with them. Any odors they produce would make the area unpleasant for anyone visiting. http://real-estate.lawyers.com/commerci al-real-estate/When-Does-a-Commercial-Property-... 9/1 7/20 12 Nu ance Lawsuits -Nuisance Property I Lawyers.com Page 2 of 3 Nuisances Can Earn Penalties and Fines • When a complaint is made against a business, a city or county official will inspect the commercial property to see if any laws are being broken. This might result in a warning to the property owner. If I owner doesn't address the problem, the government will levy a fine - and keep charging fines until th situation is fixed. Criminal activity is much more serious and can involve law enforcement. A Commercial Real Estate Lawyer Can Help The law surrounding nuisances on commercial property is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a commercial real estate lawyer. Tagged as: Real Estate, Commercial Real Estate, Commercial Leasing, commercial property, nuisance, lawsuit, public nuisance, private nuisance,junk, debris, health hazards, commercial real estate lawyer Tweet 0 Linkedln 0 Email ij Share 2 Have a Commercial Real Estate Question? Was this helpful? l 0 ♦No 0 It's Free&Easy. t • ; .a:, Lawyers.com Verified Content -vfRifft0.- Lawyers.com legal editors have reviewed and verified that the content included in this article reflects . accurate and up to date legal information. Related Articles • Buying and Selling Commercial Real Estate Check out some other great posts&articles that you might like. • 1031 Like-Kind Exchanges of Commercial Property OOps! • Selecting and Working With a Commercial Real Estate I need Residential Real Estate Buy/Sell Broker • Ending a Commercial Real Estate Deal Show more related po DISCUSSION Post a new comment Logic -Or- Guest http://real-estate.lawyers.com/commercial-real-estate/When-Does-a-Commercial-Property-... 9/17/2012 TAB 15 1017/12 tistory-Service Corporation International tp rg_I contaG teak I Service Corporation About SO Our Business Investors Careers International l /Se • About SO About SCI>History Stock Quote Sc' Rxporate Officers A History of Caring Service and Success � ` $374 Board Cf Orectors 'Orah9el%1w0.O2I0.'I5) Service Corporation htematorW(SO)k North America's largest provider of funeral and cemetery •Vain; •295.066 Corporate Governance services,wM shares traded en the Nlaw York Stack Exchange order he syiibd SO.t w as - -- - - - n forded lei 1962 by(h1berl L.Walrip,a licensed funeral diecior who grew up h ink car ty's funeral As of 10/05/2012 0 4:01 p.m story N --- - - ---" business and who stil serves as chairmen of the Company's board of directors. ET Caporals ens The®rh of a Network ilM 4 Servte mmwafinn General Russ Roan The Company's original business plan was based en efficiencies of scale spec/ready,reducing ,. Gecares overhead costs by sharing resources such as embalming,accounting,transportation and v`J r f UuanarA'Cash dvifend personnel among three or four funeral hares i a business•ckster.' After proving the plan's i r/ F. effectiveness In Houston in the eery 1960s,the founder and a snel group of associates set I Servce Caaoratbn out to apply this operating strategy through e ough aw nahp of death care businesses in other hlaaatorW Anrwt:cis markets.It was the begnnig of a tree-decade period of expansion that would create a North accost Quarter 2012 American network of nearly 1,400 funeral haws and cemeteries by the end of 1992.h 1993, Fnencel Besets And the Company reached beyond North Amen shores and acgiired raja death care r0/ V- " raises 2012 Guidance convenes in Austrafa,the United Krgdan and France,plus smeller holdings in other European 4:- 1W .1 countries and South Anoice.At the end cf 1999,the Conpeny's gbbal netww ark numbered About Funerals more than 4.500 funeral service locators,cenetedes and crematories in 20 countries. Change and Adaptation We are committed to providing a As SO grew is offshore presence.t continued to acquire businesses a North Anerira-a level of service and offer a rrerketpisce tat,by the late 1990s.had became extremely conpettve among conpmies selection of products.services sealing to buy death care businesses. Nefase prices became inflated,cmtorate debt levels and benefis that are not grew,access to Randal markets disappeared,and t became apparent to players that the - _ , ,.. avertable skew here.Whether dynanics of the business expansion model had changed.Facing these facts,SO resigned Is _ your need's inrediate or you priorities and,over the next few years,erpk e nentcd numerous initletives to reduce overhead, q i 7 w eh to plan for the future, pay down debt,and increase cash flaw.h the process,the Company reassessed the vane of whether your preference s Is global expansion. Wile foreign operations had once shown promise,It was clear that . -r--- hat - tradkonal casketed buret a- nearly 70 percent of SOS revenues were generated by operations in the tinted States and creation,we are ready to give Canada.Beginning h 2000,SO w end through a period of change during which t divested rust cs-- you the best pestle guidance of is offshore businesses and many North American funeral hares and cemeteries that w are S'.7 ` ^ and support. either underpart deryelaning or did not fit SO s tog-tern strategy. t _ team Mire, Branding and Customer Satisfaction • 'I III . h 1999,the Company captaixed on the strength of its netw ork by introducing to North America k, < " Everlasting Memorial® the fist transcontinental brad of death care services and products—Oryniy kknoridp(see www.di ntvmermrotcom).National branding was commonplace among overseas death care Although a funeral service operators,and 1 was a natural ft for SO operations In the Weed States and Canada.The narks the end of a Be,a can Company's North American network was comprised of taseesses known by their'heritage' r'i .4''E. also be the beginning of a Ideates,most connnny the names of founding terrifies fronw hom the furs were acquired. ".As ' . legacy.Record that legacy By unifying this network under one brand name,SO created a recognizable entity that - forever through Maivg represents value,quality.Integrity and unconpratking standards of service,me that can be »w Aka" a Everlasting Mommies eternal marketed from coast to coast. Mist of the Company's businesses today feature the Dignity archives. Mineral logotype on their sgnage,along w Ih the kcal heritage names under which some have Loam More N operated for more than 100 years.To ensure lasting customer satisfaction,a survey Is sent to client fannies who have been assisted by SO farts. Of the nearly 30 percent of families who 11 '-' respond,more than 95 percent express wilingness to recommend the services of SOfuneral I : .- Career Options hones to friends and tawny. -- , '- Wei make you rethink �. r:Z everything you ever thought Strengthening and Modernization ..r r ( - abort a career in funeral and As t refined is new ork and introduced name brand funeral services h the early years of the R-t ,1 cemetery service.Consider the new century,the Company also made significant improvements to its financial condition and possibimes and contact us infrastructure.Between 2002 and 2006,SO reduced i0/net debt(total debt minus cash)by today. more than$1.0 bison,increased operating cash flow,and simplified its fko management ,,# *, Learn More. organization to enhance efficiency,performance.and accountability.I also improved business :t s '4S and sales processes,tightened eternal controls.strengthened corporate governance ' J standards,and estabished the feast taming and development system in Its industry.For its ' shareholders,SO returned value through more than 5335 ration in share repurchases,and it . resumed payment of a regular quarterly dviderd in early 2005,the last since 1999.By the beginig of 2006,SO was a noticeably deferent organization than that of five years earls. The Cbnpany was operating at a prof I,was robust cash flows and resources and the most ---. efficient infrastructure in its history.l w as new position of strength that SO took a ',m •' . _ giant step toward future success by acqu'rig its biggest cortpedtor,Mde woods Group,in f i November 2006.As SO looks to the future,the addition of ewe than 600 funeral lams and l cemeteries h the AOewaods network provide an expanded geographic fooprht that wit iii ! --. enable SO to serve tauaes in 46 states.eight Canadian provinces,the t3sbicl of Celumbe and it e• ` 'f v tff- Puerto Face. A Company for tee Time Wei said financials,exclusive products and customer bane!its,favorable demographics.and _. 'best h lass'polcles,trailing and professional standards,SO is in an excele9 position to - s .r provide North America's finest death care services for generations to cone. I ._ Ste Meg Qrhacv Poticy EwatlPaoe PrtntPeae et 2010 SCI Management. 1w.w.sci-Corp.comlSCICORP/F6story.asp ealias=0103 1/1 Service Corporation International - Wikipedia, the free encyclopedia Page 1 of 6 Service Corporation International • From Wikipedia,the free encyclopedia Service Corporation International is a nationwide Service Corporation International provider of funeral Bonds and services ac well as l ---- in Neartown, Houston,Texas, United States?"' SCI operates more than 1500 funeral homes and 400 cemeteries in 43 states, eight Canadian provinces, and I(E---1 Puerto Rico. Contents I Type Public Traded as NYSE: SCI • 1 Company history • 2 Brands (http:I/www.nyse.com/about/listed/quickquote.html. ▪ . v.....�. .c_l.._.-.._.;e ■ 4 Famous properties owned by SCI Industry Death care • 5 Controversies • 5.1 Texas Founded 1962 • 5.2 Florida Headquarters Houston,Texas,USA • 5.3 Virginia _ : ._ :..,:_. .a Namher nr 1,641 new as D.D Massachusetts b eauuu5 ■ 6 References Key people Robert L.Waltrip,Chairman&Founder;Thomas L. alli • 7 External links Ryan,CEO Products Funerals,Cremations,Pre-planning Net income A$248 million USD(2007)01 Robert L. Waltrip, a licensed funeral director who grew up in his family's funeral business,founded the Employees 13,499(2008)1'1 company in 1962-141 SCI began as a small network of Website sci-corp.com(http://www.scicorp.com/) funeral homes and cemeteries in the Houston area. -i As SCI grew its offshore presence, it continued to acquire businesses in North America—a marketplace that,by the late 1990s, had become extremely competitive among companies seeking to buy death care businesses. SCI, t Alderwoods Group and Stewart Enterprises emerged from this period as the 1.00ii three largest companies in the industry. On December 31, 1999, SCI owned and j insurance operations located in 20 countries on five continents?' :. - I - r In 1999, SCI also introduced Dignity Memoria1,161 the first transcontinental ! - -- brand of death care services and products in North America. By unifying its - network of funeral homes and cemeteries under one brand name, SCI believed it ... . 1 ....a.f-1 L _ _ _ I _....f .,.a..aYJ. ..vw.a�auavu uu ry �sliny c...,.1,.., .,,,,,..,;,-4.1-.1, :n<a+:v = In 2000, poor market conditions forced SCI to reevaluate operations. While a-mac • foreign operations had once shown promise,nearly 70 percent of SCI's revenue ; o was generated by operations in the United States and Canada. The company - r f 1 decided to divest many of its offshore businesses, in addition to many North Headquarters American funeral homes and cemeteries 171 http://en.wikipedia.org/wiki/Service_Corporation_International 8/28/2012 Service Corporation International - Wikipedia, the free encyclopedia Page 2 of 6 • Between 2002 and 2006,SCI reduced its net debt(total debt minus cash)by more than$1.0 billion,increased operating cash flow, and simplified its field management organization to enhance efficiency, performance,and accountability. It also changed business and sales processes,tightened internal controls, strengthened corporate governance standards,and established the a new training and development system. For its shareholders, SCI returned value through more than $335 million in share repurchases, and it resumed payment of a regular quarterly dividend in early 2005,the first since 1999.181 In 2006, SCI merged with Alderwoods Group, its nearest competitor in terms of size. The Federal Trade Commission (FTC)blocked the merger,citing concerns over consumer choice. After agreeing to divest funeral home and cemetery locations in several markets and end licensing agreements with other funeral homes,the FTC allowed the merger to continue. By 2007,the integration of Alderwoods's locations and operations was complete. In 2009 SCI put in a bid to purchase Keystone North America for$208 million. This purchase was completed in 2010 and integrated approximately 200 additional locations into the SCI portfolio. Brands SCI operates the following brands in the United States and Canada.191 • Dignity Memorial: Founded in 1999,provides services in 41 states and seven Canadian provinces. • Dignity Planning: Dignity Planning provides funeral planning and arrangements through Dignity Memorial North America locations. • Advantage: Advantage provides basic funeral services and products. • Funeraria del Angel: Funeraria del Angel provides specialized services for Hispanic customers. • Memorial Plan: Memorial Plan currently manages six funeral homes and five cemeteries in South Florida. • • National Cremation Society: Founded in 1972,National Cremation Society is the oldest and largest cremation service in the United States. Business model SCI's network of funeral homes consists almost entirely of existing businesses that the company acquired. SCI tends to buy successful funeral homes that are firmly settled and already well known in their community.The company retains the home's original name, often along with former owners who are kept on as management. A typical funeral home that is owned by SCI will not contain advertisements or logos for the corporation,with the exception,perhaps,of pins on staff lapels. As a consequence, most North American consumers are unfamiliar with the company itself. Instead, SCI places strong emphasis on their Dignity Memorial brand. The"Dignity" logo can be seen throughout SCPs funeral homes and cemeteries,on staff, signage,paperwork,vehicles,etc. Famous properties owned by SCI • Rose Hills Memorial Park in Whittier, California,the largest single-site operating cemetery in the world at 2,500 acres(10 km2).1 1°I • Joseph Gawler's Sons Funeral Home in Washington, D.C., known as"the funeral home to the presidents."1"r°n°""eedee1 • Frank E. Campbell Funeral Chapel in Manhattan,New York1111 Controversies Texas http://en.wikipedia.org/wiki/Service Corporation International 8/28/2012 Service Corporation International - Wikipedia, the free encyclopedia Page 3 of 6 In the late 1990s,SCI was involved in a controversy involving alleged violations of Texas State embalming laws. The • proceedings took a political slant due to Robert Waltrip's friendship with the family of then-governor George W. Bush and Waltrip's campaign contributions to various members of the Bush family.1121 Referred to as "Funeralgate" or"Formaldegate" in the media,the controversy was widely publicized when Eliza May,a director with the Texas Funeral Service Commission(TFSC),was fired while investigating SCI. May alleged in a civil suit that she was fired because she refused to halt her investigation despite pressure to do so from Governor Bush. Other TFSC employees indicated she was fired because her colleagues had lost confidence in her ability and because she was using her authority inappropriately. May's lawyers subpoenaed President Bush to testify at the trial,tt31 but Texas Judge John K. Dietz threw out the subpoena on the grounds that the then-governor was not in a position to have enough specialized information to require his involvement 114i The lawsuit was settled in 2001 for more than$200,000. SCI and the state of Texas were required to jointly pay the decision.I151 On January 23, 2004,the TFSC fined SCI an additional $21,000 for administrative penaltiestt51 Florida In 2001, it was reported that employees of the Memorial Gardens cemetery near Ft. Lauderdale,Florida had oversold the cemetery, so bodies were buried in the wrong places, separating husbands from wives;vaults were cracked open by a backhoe;bodies were exhumed,with bones, skulls and shrouds thrown into nearby woods; bodies were stacked on top of each other;and remains were relocated without notifying relatives. The allegations were particularly appalling to the Jewish cemetery's more religiously observant customers, The Miami Herald reported. Traditional Jewish law requires bodies to be buried intact and prohibits disturbing the dead. SCI reached a$14 million agreement with the Florida attorney general's office in 2003 that required it to repair plots and • reorganize the cemeteries to ensure all graves were properly marked and the grounds could accommodate all plots sold. SCI also settled a separate class-action lawsuit on behalf of 350 families for$100 million. Virginia On April 26,2007 the Washington Post reported that an SCI cemetery in Alexandria, Virginia had improperly buried the remains of the stillborn daughter of Nsombi Hale in a grave too shallow On a grave about 8 inches deep). Nsombi Hale is filing suit against SCL1161 After an internal investigation by SCI,attorneys working for SCI denied the charges against the company in a letter to Virginia funeral regulators,1171 and a few days later,the Post reported that Robert Ranghelli, one of the SCI employees who had corroborated the initial reports of improper handing of corpses,was fired for "speaking with the media" after having been on administrative leave for several months following the initial reports in the newspaper.I18I On April 5, 2009, The Washington Post reported that the National Funeral Home,a facility owned by SCI in the Falls Church area of Fairfax County,Virginia which also acts as a central care center for embalming and body preparation for other nearby SCI-owned operations(Arlington Funeral Home; Danzansky-Goldberg Memorial Chapel and Demaine Funeral Home),was storing naked bodies in various stages of decomposition in conditions described as "disgusting, degrading and humiliating". The story went on to report that as many as 200 bodies were stored on "makeshift gurneys in the garage" and "at least half a dozen veterans destined for the hallowed ground at Arlington National Cemetery were left in their coffins on a garage rack". The Post reported that documentation describing these conditions had been reported to the Virginia Board of Funeral Directors and Embalmers.l191 A few days later, the Post reported that family members of a deceased Army veteran whose remains were stored in an unrefrigerated garage at National Funeral Home asked the Fairfax County Commonwealths Attorney to investigate the • actions of National and its parent company,SCI, as crimes.l201 http://en.wikipedia.org/wild/Service_Corporation_International 8/28/2012 Service Corporation International - Wikipedia, the free encyclopedia Page 4 of 6 The Post further reported that the family of retired U.S. Army Colonel Andrew DeGraff filed a lawsuit in Fairfax • County alleging that SCI mishandled DeGraffs remains. According to the article,an SCI spokesman said that the company is conducting an internal investigation.1211 California On September 14,2009,a class-action lawsuit was filed against SCI and Eden Memorial Park,a Jewish cemetery managed by SCI in Mission Hills,charging that they were destroying graves to make room for new interments. 1��1 The Los Angeles Times reported that state officials found no evidence of mass grave disturbances. Russ Heimerich, a spokesman for the state Department of Consumer Affairs, said, "We have not seen any evidence of the kind of massive desecration that [is] being alleged...The kind of activity they're alleging[is] not easily hidden,especially on a willful, large-scale basis." The plaintiffs attorney rejected the findings of the state's investigation. The lawsuit remained ongoing as of late 2009. Michael Avenatti,the plaintiffs attorney, said more than 800 families have joined the class action suit.Avenatti claims the state's investigation was shoddy, saying,"Investigators from the state were told by various groundskeepers over a year ago that they had been repeatedly told to throw bones away,and yet for some reason,the state didn't adequately follow up." SCI denied all charges. After the lawsuit was filed,the Consumer Affairs Department reviewed five to six years of the cemetery's annual inspection records and found no indication that graves had been disturbed. According to the Los Angeles Times article, "The agency also asked the dozens of families that contacted officials to look for signs of disturbances--shifted or cracked gravestones or anything else that appeared different from previous visits--and didn't receive a single call back,he said".1231 In January,2012,the lawsuit against Eden Memorial Park was ruled to be a valid class action in Los Angeles Superior Court,with the trial scheduled to begin in May 2012. Massachusetts In 2010, the SCI-owned Stanetsky Chapel, a Jewish funeral home in Brookline, MA,was charged by the State Board of Registration with serious violations of state law and regulations in connection with an incident where a woman was buried in the wrong grave,then disinterred without a legal permit being obtained and reburied in the correct grave with the woman's family not being notified of the mistake and the corrective procedure. As a result, in December 2011,the State Board announced a Consent Agreement and levied the biggest fine in its history,$18,000,against Stanetsky and SCI, and suspended the license of the Stanetsky general manager for a year. Other staff members involved in the incident were subject to punitive actions ranging from additional professional training to license revocation. The incident received widespread local media coverage. The Board's action was also published on the Board's website. Several years prior,the Boston Globe reported J.S. Waterman's& Sons, also owned by SCI,was found by the Board to have accidentally cremated the body of a stillborn infant. The infant's body was apparently placed on a gurney that held an adult woman's body that was scheduled for cremation. As a result of a civil suit brought by the infant's family, Waterman's was ordered to pay pay the parents$325,000,with a pending legal claim that the mortuary violated the state's consumer protection law that could triple the damages, the Boston Globe reported. The family's lawyer,Gordon T. Walker, said SCI could be hit with additional costs, as there is a pending claim that the company violated the state's consumer protection law. That could triple the damages,and SCI could also have to pay the couple's legal fees.The civil verdict was made in Suffolk Superior Court on March 4. The jury awarded$75,000 because of emotional distress and $250,000 because they found the funeral home was negligent and intentionally inflicted emotional harm. References 1. A o b""Company Profile for Service Corporation International(SCI)"(http://zenobank.com/index.php? • e= symbol=SCI&pagquotesearch).http://zenobank.com/index.php?symbol=SCI&page=quotesearch.Retrieved 2008-09-30. 2. A Map of Neartown(http://www.neartown.org/images/nta-map.jpg).Neartown Association. Retrieved October 20,2008. 3. A "Contact Information(Intp://www.sci-corp.com/SCICORP/ContactInfo.aspx?alias1)." Service Corporation International. Retrieved on February 13,2011. "Corporate Office 1929 Allen Parkway Houston.Texas 77019." 4. A SCI(http://www.us-funerals.com/service-corporation-intemational.html)us.funerals.com. Accessed August 29,2007. http://en.wikipedia.org/wiki/Service_Corporation_Intemational 8/28/2012 . Service Corporation International - Wikipedia, the free encyclopedia Page 5 of 6 5. A 1999 SCI 10K SEC document(http://www.secinfo.com/dsvRu.5lfh.ht)Accessed December 11,2007. 6. A Dignity Memorial(R)Extends Network by Nearly 600 Locations(http://markets.chron.com/chron? GUID=2640194&Page=MediaViewer&Ticker-SCI).Press Release News Wire.July 17,2007. Accessed August 29,2007. 7. A History (http://wwwsci-corp.com/SCICORP/History•.aspx?alias=0103)SCI Corp Homepage. Accessed August 29,2007. 8. A Service Corp International: Company Overview(http://www.investor.reuters.com/businessBusCompanyOverview.aspx? ticker=SCI&Symbol=SCI&target=%2fbusiness%2fbuscompany%2lbuscompfake%2fbuscompoverview). Reuters.Accessed August 29,2007. 9. A [1] (http://www.sci-corp.com/SCICORP/SCIBrands.aspx?alias )202)Accessed December 20,2007 10. A Rose Hills Memorial Park: Information and Much More from Answers.com(http://www.answers.com/topic/rose-hills- memorial-park) 1 L A Jaynes,Gregory(June 8, 1988). "About New York;90 Subdued Years Of Funerals For the Famous"(hup://query.nytimes.conr/gst/fullpage.html? res=940DE6DC1431F93BA35755C0A96E948260&sec=&spon=&pagewanted=2). The New York Times. http://query.nytimes.com/gst/ful I page.htmi?res=940DE6DC 1431 F93BA35755C0A96E948260&sec=&spon=&pagewanted=2. 12. A Bryce,Robert. (August 20, 1999)Who is Eliza May?(http://www.salon.com/news/feature'1999/08/20/bush/index.html) Salon. Accessed August 27,2007. 13. A Bryce,Robert,(July 21, 1999. The Texas way of death(http://www.salon.com/news/feature/1999/07/21/bush)Salon. August 27,2007 14. A Duggan,Paul. (August 31, 1999). Bush need not testify,judge rules (http://pqasb.pqarchiver.com/washingtonpost/access/443331 07.html? dids=44333107:443331 07&FMT=ABS&FMTS=ABS:FT&date=Aug+31% 2C+1999&author-Paul+Duggan&pub=The+Washington+post&editi on=&startpage=A.02&desc=Bush+Need+Not+Testify 2C+Judge+Rules) Washington Post Accessed August 27,2007. 15. A°b Bryce,Robert. (May 14,2004)Final Disposition:The Texas Funeral Service Commission is up to its ashes in trouble again(http://nN1/.austinchronicle.corn/gyrobase/Issue/story?oid=oid%3A210893)Ausfin Chronicle Accessed August 27, 2007. 16. A "Too Shallow a Hole to Bury a Baby"(http://www.washingtonpost.com/wp- dyn/content/arlicle/2009/04/25/AR2009042503075.html). Washington Post.2009-04-26.http://www.washingtonpost.com/wp -dyn/content/article/2009/04/25/AR2009042503075.html. Retrieved 2009-04-26. 17. A "Falls Church Funeral Home Denies Mishandling Bodies"(http://www.washingtonpost.com/wp- dyn/content'article/2009/07/01/AR2009070103963.html).Washington Post.2009-07-02.http://www.washingtonpost.com/wp -dyn/content/article/2009/07/01/AR2009070103963.html. Retrieved 2009-07-06. 18. A "Funeral Worker Who Alleged Violations Is Fired" (http://www.washingtonpost.com/wp- dyn/content/art icle/2009/07/06/AR2009070602767 html).Washington Post.2009-07-06.h ttp://www.washingtonpost.com/wp -dyn/content/article/2009/07/06/AR2009070602767.html.Retrieved 2009-07-06. 19. A "'I Never Could Have Imagined:'Dignity Was Denied the Dead as Bodies Were Stored and Handled Using Disturbing' Methods,Area Funeral Home Workers Say"(http://www.washingtonpost.com/wp- dyn/content/article/2009/04/04/AR2009040402976.html). Washington Post.2009-04-05.http://www.washingtonpost.com/wp -dyn/content/article/2009/04/04/AR2009040402976.hlm1.Retrieved 2009-04-06. 20. A "Family Asks Fairfax Prosecutor To Investigate Funeral Home" (http://www.washingtonpost.com/wp- dyn/contentlarticle/2009/04/04/AR2009040402976.html).Washington Post. 2009-04-07.http://www.washingtonpost.com/wp -dyn/content/article/2009/04/04/AR2009040402976.html.Retrieved 2009-04-07. 21. A "Family Members Sue Va Funeral Home" (http://www.washingtonpost.com/wp- dyn/contentlarticle/2009/04/14/AR2009041403071.html). Washington Post.2009-04-15.http://www.washingtonpost.com/wp -dyn/content/article/2009/04/14/AR2009041403071.html.Retrieved 2009-04-15. 22. A "SHOCK:Jewish Cemetery in Mission Hills Accused of Throwing Out Human Remains"(http://www.knx1070.com/SHOCK--Jewish-Cemetery-Accused-Of-Throwing-Out-Hum/5212787). KNX(AM). 2009-09-14. http://www.knx1070.com/SHOCK--Jewish-Cemetery-Accused-of-Throwing-Out-Hum/5212787.Retrieved 2009- 09-14. 23. A Drenker,Oliver(2009-11-13). "California officials find no evidence of mass desecration at Jewish cemetery"(http://www.latimes.com/news/localll a-me-gravesl3-2009nov13,0,5184185.story). Los Angeles Times. http://www.l atimes.com/news/I ocal/la-me-gravesl3-2009nov13,0,5184185.story.Retrieved 2009-11-23. • NYSE Group,Inc>Listed Securities(http://www.nyse.corn/aboudlisted/Icddata.html?ticker=SCI) ■ Wrightreports-Wright Investor's Service Company Profile Snapshot (http://wrightreports.ecnext.corn/coms2/reportdesc_COMPANY_817565104) • Industry Overview: Funeral Operations(http://www.hoovers.com/funeral-operations/--ID_55--/free-ind-fr- • profile- 1 xhtml) • US Funerals On-Line: Service Corporation International-Dignity Memorial (http://www.us-funerals.com/servtce -corporation-intemat Tonal.html) http://en.wikinedia.ora/wiki/Service Corporation International 8/28/2012 Service Corporation International - Wikipedia, the free encyclopedia Page 6 of 6 • • Reuters Service Corporation International Company Overview • (http://www.investor.ruters.com/businessBusCompanyOverview.aspx?ticker=SCI&symbol=SCl&target=% 2fbusiness%2fbuscompany%2 fbuscompfake%2fbuscompovervi ew) External links • Official website(http://www.sci-corp.com/) Retrieved from "http://en.wikipedia.org/w/index.php?title=Service_Corporation_International&oldid=506960685" Companies based in Houston,Texas ■ This page was last modified on 11 August 2012 at 23:33. • Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. See Terms of use for details. Wikipedia®is a registered trademark of the Wikimedia Foundation, Inc.,a non-profit organization. • http://en.wikipedia.org/wiki/Service Corporation International 8/28/2012 TAB 16 S CBS news documentary 60 minutes Final Resting Place Anderson Cooper www.youtu be 0 • TAB 17 Funeral Home Employees Say Bodies Were Mishandled Page 1 of 3 Sion In Register Jobs Real Estate Rentals Cars Print Subscription Today's Paper Discussions Going Out Guide Personal Post Videos Polities I Opinions I local I Sports I National I World I Business I'tech I Lifestyle I Entertainment I.lobs I More S In I he News Empire State Building Ite Armstrong T.S.Isaac President Obama Redskins WELLS So when the conversation FAQ turns to your financial goals, >Start theconversadon rarn,w.s c..ot., turn to us wasningtonpostcom >Metro>Virginia>Arlington •FOLLOW METRO ON:i iC i ,z. . •THIS STORY: READ• I WATCH• <,,lc '...). . LiL 0 0_5 1,r POSTtOCAL lick for news,weather,entenainmenI,mere. The nil e nation's Funeral Home Employees Say Bodies Were Mishandled I• rot`-St By Josh White sVIDEO 4G ne ork Washington Post Staff Writer a Sunday,April 5,2009 Ronald Federici's father,a retired r .-T,.r� �`t Army colonel,had just died,and -, �1 „_r - - Federici wanted to escort his body I, ��AP�ls "°� 'h-�P y'- ra in.Pa.tie;_ to Demaine Funeral Home in �st f° _� L •t swiden w.mt:_w,r Alexandria.But the driver who .'�r"`� . �• D � a.T,' r _ came to pick up the remains at the < r.-+ -.! Landmark'The Inside hospital said he wasn't going to /�'I 1 v •.,%" Story of America's New P g g ,G L� I ��fJlp! Health Care Law and Demaine,he was going to some I`": ___ - - I 'tea What It Means for Us . other lace__-_.. 4a: 11FS_/-' All(PUblicalfau5 Funeral Home Employees Say Bodies Reports) THIS STORY Mishandled Worker Fired For Describing A former embalmer at National Funeral Home in Falls Church, Conditions at Funeral Home ' ;I',Y „ , Va,exposes how some buries were stored in the facility's 1 } Funeral Home Employees Say unrefriperated garage Video by Marley r �Yf 11 BodiesMrMndler Shenetwashingtonposl.com IA- Falls Church Funeral Home Denies >LAUNCH VIDEO PLAYER -r- Mishandling Bodies 6a. 4 View All items in This Story Network News 1Cn•-t5 E Upset and confused,Federici followed the van driver, FEATURED ADVERTISER LINKS who pulled up to National Funeral Home in Falls IM'art \ Church,When the white garage door opened at the edge View More Activity LgxmxnrW' DID YOUR JOB OWE YOU LUNG CANCER? of a cemetery just off Lee Highway,Federici said,the ��p�. foul odor of decomposition smacked him in the face.A `a-4' FEMUR FRACTURE from Fommax?Fib a body lay on a gurney in the garage near a rack holding TOOLBOX claim Nowtn coffins,and the walk-in cooler where his father was to [m Reslze Print sign up for official small updates from Smack Ohama's be left was filled with exposed bodies. E-man Reprint. campaign, Looking to buy a home?Visit TW P Real Estate section tonne "The stench was horrific,"Federici,53,said about the Sponsored Links latest open houses. cooler."Bodies were laying buck naked all over the America's on a natural gas Industry supports 9,2 million lobs, LifeLock®Fraud Services place.There was no dignity whatsoever.It was 24/7 Credit Fraud Monitoring Plan.Proactive AmedcanEneryyWOM1iory disgusting,degrading and humiliating," credit Fraud Protection. Lite hock mm Network News What Federici witnessed Dec.6 echoed what embalmer- turned-whistleblower Steven Napper had been Map Your Flood Risk Friends'Activity complaining about for months,first to his supervisors, Find FR odplanMaps,Facts,FADS,Your P g P Flood Risk Pape and Mdmt then to the state.Napper documented the atrocities he w+-.v:IOodsmengua View More Acrnry saw in notes and photographs and turned them over to Buy•link hen authorities. Slate HIGHLIGHTS Napper,a retired Maryland state trooper,had been hired in May by National Funeral Home, which also acts as a regional clearinghouse that embalms and stores bodies for four other Washington area funeral homes--Arlington Funeral Home,Danzansky-Goldberg Memorial cxy, �, • Chapel in Rockville,and Demaine Funeral Home in Alexandria and Springfield.From May '`.yyA/, to February,when he quit,Napper said that the walk-in coolers could not hold all the bodies 1C` and that a manager told employees to store them in unrefrigerated areas. Nook "' • During his time there,Napper said,as many as 200 corpses were left on http://www.washingtonpost.com/wp-dyn/content/artic le/2009/04/04/AR2009040402976.ht... 8/28/2012 Funeral Home Employees Say Bodies Were Mishandled Page 2 of 3 —.--1 makeshift gurneys in the garage,in hallways Headed How to Lose Weight and in a back room,unrefrigerated and to • a c`— Without Really Trying leaking fluids onto the floor.Some were a _ stored on cardboard boxes or were balanced John on biohazard containers.At least half a dozen Lewis Howe Unsold Lines Fill All veterans destined for the hallowed ground at fig::Dtober Those Unsold o Cruise Arlington National Cemetery were left in Cabins their coffins on a garage rack,Napper said. Al Last. the How to Improve Memory He began to take photographs in December with Scientifically and presented them to the Virginia Board of Lens Designed Brain Exercises Funeral Directors and Embalmers.Federici Africa and Napper Gloom observations--accounts Fetish supported by three others who have worked Is there--have led to a probe by the state board, La although board officials said they were prohibited by law from disclosing such an inquiry. New Several people said they were interviewed by a board investigator in recent weeks. CSI Tool: What was supposed to be a dignified end to thousands of lives had instead deteriorated into a A haphazard operation,Napper said,more about money than honoring the dead.Part of the DNA largest funeral services conglomerate in the world--Houston-based Service Corporation Test International--the company did not want to spend money to address the issues,Napper said That supervisors told him. Predicts Hair "It was disturbing and disrespectful and unethical,"Napper,34,said."I never could have an.. imagined what I saw there or the things we were asked to do.These are people's loved ones, Hackers and they never should have been treated this way." Could Use Representatives from Arlington Funeral Home,Danzansky-Goldberg Memorial Chapel, Brain Demaine Funeral Home in Alexandria and National Funeral Home referred calls to the SCI Scan corporate offices in Houston. Devices To Steal... Robert Malinow,location manager at Demaine in Springfield,said he was not aware of anything other than the highest standards at the central facility. See All "Service Corporation International has always represented to me that we carry out the highest °f Slate • standards and professional behavior within our industry and that we do not tolerate exceptions to those rules,"Malinow said."Behavior such as this would not occur at my location.We do not tolerate this behavior,and we only ascribe to the highest standards." • CONTINUED 1 2 3 4 5 Next> Sponsored Links LifeLock®Fraud Services 24n Credit Fraud Monitoring Plan Proactive Credit Freud Protection. Lifelork coin Map Your Flood Risk Find Floodplan Maps,Facts,FAOa,Your Flood Risk Profile and Morel vxn:locus mar Serve®from AMEX A digital prepaid account you can manage on your Verizan Smartphone. Buy a ink hen •THIS STORY: READ• I WATCH• More from Virginia 'Virginia Politics, Blog:Virginia Politics Here's a place to help you keep up vem Virginia's nvercaHmnated political cuaure. • Virginia Notebook • About this Blog • Find a Local Blog Plug into the region's blogs,by location or area of interest Local Blog Directory FOLLOW METRO ON: 7,j I GET LOCAL ALERTS: Mobile _if Email http://www.washingtonpost.com/wp-dyn/content/article/2009/04/04/AR2009040402976.ht... 8/28/2012 TAB 18 Page 1 of 2 cc m Back O 0 c 8NewsNOW>#BREAKING from @AP"KABUL,Afghanistan (AP)--Afghan official: 8 women 0. TODAY'S DEAL ABOUT PROGRAM GUIDE CONTACT E-ALERTS Shooting at Las Vegas Funeral Home Injures 7 Pasted:.701 06,2011 7'51 PM PDT Updated:Ju/07,2011 727 AM PDT By Guy DeMarco, Content Editor-email By Aaron Drawhorn, Reporter-bio I email By Kash Cashel!, Photojournalist-email LAS VEGAS- Metro Police are looking for a man who opened fire on a group of people gathered outside a funeral home near Main St. and Washington Ave. The shooting happened just before 7 p.m. after a visitation for 21-year-old Andres Elena, the victim of a fatal stabbing at New York-New York last week. • Witnesses say the suspect attended the visitation and was seen mingling with mourners when he suddenly pulled out a gun and opened fire outside Palm Mortuary. "They went down, and you see the bodies go down," said eyewitness Ty Spence. "Everyone was in shock and in panic and running. It was just total chaos, a terrible situation." Seven people, including one juvenile, sustained gunshot wounds and were transported to the hospital with non-life-threatening injuries. Investigators say it is very unusual to have a shooting with so many victims. It is also unusual for one to take place at a funeral home. The suspect fled the scene in a white 1970's Chevy El Camino with a unique design on the door that featured a purple background and a brown number 7 in the foreground. The car also had chrome rims. It was last seen traveling southbound on Main St. Metro is investigating the possibility the shooting is gang-related. The family of Andres Elena believes this funeral was targeted by associates of the accused stabber. His name is Victor Quijano, and he sits in jail on murder charges. Anyone with information on Wednesday night's shooting is urged to contact Crime • Stoppers. http://www.8newsnow.com/story/I 503 7 889/police-investigate-shooting-at-downtown-mor... 9/16/2012 Page 2 of 11 • Places • • Deals • Autos • Latest News • Local • Politics • Business • Consumer • Entertainment • Health • CBS4 Investigates • National • World • Blogs Expand+ 1 &yg}s ' • buim. N 2012 t �r SUMMER SEII O ff! ! - -,Z ` GRANDC WEATHER: East Broward Under A Flood Warning Until 8:30 I Details Here I Neighborhood Weather Local Names Released Of Men Killed In Funeral Home Shooting April 2,2012 5:30 PM Share this 16 View Comments ERARI :T$Je •"f yy t . E 1/4\ •� • http://miami.cbslocal.com/20I2/04/02/names-released-of-men-killed-in-funeral-home-sho... 8/28/2012 Page 3 of 11 The covered body of a victim killed in a mass shooting outside a North Miami funeral home on Friday, March 30, 2012. (Source: CBS4) • Filed under Local, News, Syndicated Local Related tags A.D. Lenoir, Crime, Deadly Shooting, Funeral Home Shooting, Funeraria Latina Emanuel, Gang Shooting, gary nelson, Kara Kostanich, Laurore Ornis, Mass Shooting, Mckayla, Morvin Andre, Parterson Dubreus South Florida Crime itft Crime Coverage MIAMI (CBSMiami)—Two more funerals are being planned for two men who GET ANSWERS died last Friday night when gunfire erupted outside a North Miami funeral home. Twelve other people were injured in the shooting including a five year how can i get rid of my old girl. time share? I Laurore Ornis, 42, from Ft. Pierce, died outside the funeral home. Parterson had one of those Dubreus, 27, died at the hospital. Friends said Ornis was the father of three and clisens ne Samsun 40' a hard working dock worker. CD.hVs_ locations for miracle 10 Dubreus's best friend told CBS4's Gary Nelson that Parterson, a father of two, products was engaged to be married and had recently been laid off from his job. What are the new eon "It's one of those sad stories where that good person was in the wrong place," laws Fl is considerine? said Daniel. "The good guys always go first. It always happens like that," he I saw a report on free said. Daniel did not reveal his last name. office space for non profit The shooting happened Friday night around 9:30 p.m. outside the Funeraria by guest do you still have Latina Emanuel funeral home at 14990 W. Dixie Highway Friday. he link please Family and friends of Morvin Andre, 21, had gathered at the funeral home for his wake. Andre died March 16th after he jumped from a parking garage at the Aventura Mall in an effort to escape Bloomingdale's `loss prevention' employees. Police said some of the people paying their respects at the wake were members of rival gangs. While funeral homes are considered neutral ground by gang members, police said someone touched Andre's body in a way other gang members took as disrespectful. An argument inside the funeral home spilled out onto the street. That's when, according to police, members of one gang went to their car, grabbed an assault rifle and a handgun, and started shooting. http://miami.cbslocal.com/2012/04/02/names-released-of-men-kil led-in-funeral-home-sho... 8/28/2012 Page 4 of 11 Sponsored Links : ;:fritArer HmYou & • oeowner 62 + t i Get cash for the equity in y... I www.iconsumerknowledge.com t _ n Credit Company Breach IfLifeLock Ultimate"4protects your identity from the effects... LifeLock.com 7- Woman is 57 But Looks 27 A Whittier Mom publishes sim... Consumerlifestyles.org I Earn Up To $279/Day i ? I!I _Work From home, Free coaching, Alaiii -,:i risk free trial! Y TheOnlineBusIness.com ��f}ww�� Fisher-Price Play Guide See how your kids can learn even more during playtime with th... !b www.fi sher-price.com • "It was horrific, people were going crazy, screaming, running,just chaos," said Pastor A.D. Lenoir. The 12 people wounded in the shooting were taken to area hospitals. Five year old Mckayla, who was shot in the leg and has a bullet permanently lodged in a bone, remains hospitalized at Jackson Memorial Hospital. Her mother, Someta Etienne explained what happened. "She was crying, she wasn't walking, I thought someone stepped on her foot or something. It wasn't until someone was screaming, she got shot, she got shot. Mckayla remained conscious and even spoke to her grandmother on the phone while waiting for an ambulance. "I say let me talk to her, `Grandma, Grandma I got shot.' Wow when I heard that I felt like crying," explained Atamene Etienee, Mckayla's grandmother. No arrests have been made. A total of 14 people were shot which makes it one of the worst mass shootings in the history of South Florida. Click Here to read about the history of mass shootings in South Florida. Anyone with information regarding this incident is urged to contact Crime Stoppers (305)471-TIPS 0 (8477) or(866) 471-8477 Visit www.crimestoppersmiami.com and select "Give a Tip" Send a text message to 274637. Enter CSMD followed by the tip information and press send. http://miami.cbslocal.com/2012/04/02/names-released-of-men-ki lled-in-funeral-home-sho... 8/28/2012 Shocking Violence Outside of a St. Louis... I Gather Page 1 of 2 x) pp,, I, I Bcctch_ • gather Home Friends Groups Share SIGN IN I HELP news.gather.com National I International I Commentary I Environment I Health I Crime I Weather I Weird 'Search Group CI Gather is the place where millions of people come Find more on funeral home violence for fresh perspective on what's happening now. How to Get Freakishly . Long Eyelashes-As Shocking Violence Outside of a St. Louis by Katie Price - Featured On TVs'The Funeral Home Member since: November 13,2010 1 How to Lose Weight December 01, 2010 10:31 AM EST 9 views: 295 i comments: 1 r L— Without Really Trying Friends and family of David"Bo"Terrell Davis Sr.had just gathered at the Reliable Funeral Home ' for his funeral,when gunfire broke out just outside the building. According to the St. Louis Today, ® How New iPads are the violence resulted in two people being killed,one wounded. Police suspect that it was gang w Selling for Under$40 related. Davis has been killed 11 days earlier,shot in the head and chest. tfl This is especially a tragedy,because it affected people who were in no way gang-affiliated. The gunfire was so close to the funeral home that people x ARLINGTON,Vh-MAY 21;$OIiE¢t9 could not tell if it was coming from inside or outside. from the U.S.Army Old Guard pause to POPULAR TOPICS ON GATHER Elderly relatives of Davis who had came for his funeral salute vitae placing flags at grave stones at Arlington National Cemetery '50 Shades of Grey Movie:Lae were left terrified and shocked. Even a funeral home May 21,2009 in Arlington,virgina.It y vehicle was damaged by the gunfire. look 1.300 soldiers,sailors and Marines Erron or Logan Lerman as Christian about three hours to place a nag at each Grey? • of me more man of Memorial oriaDay at Arlington weekend ahead of the 0 grave Day Endangering ey Kardashian Under Fire for Remarkably,this is not the first time that someone has weekend (Prow by Cory p�'' Endan Baby Girl SomodevillatGeny Images) been shot outside a funeral home in St.Louis. In 2007.a two people were shot and injured outside of the funeral of William Shockley. 'Big Brother 14'Spoilers:Veto Ceremony Shocked _ Kindle Fire 2 Release Data Rumor: Related posts on Gather I view more More by Katie Price I view more - Amazon Kindle Touch Out of Stock Tornados hit St.Louis Airport and surrounding Man's New Best Friend-An Alligator'? - Ahead of New Tablet areas Mouse Found in Target Syrup Bottle Prince Harry's Naked Escapades 1 Feet The Earth.Move.Under My Feet. Caught on Video;Queen Elizabeth Mark Medoff.son of Bernie Madolf.Found Seen Footage? Supriya Harris Files Criminal Complaint Against Dead St.Louis Rams'Steven Jackson 'Glee'Season 4 Spoilers:New York Living,Blaine and Eztracurdculars 6 Find more about:news,general news,true crime,funeral home shooting,st louis funeral home shooting,funeral home violence,st louis,st louis funeral home violence Jenelle Evans'Court Date Details Revealed e Find Gather groups:Gather News Channel Hurricane Isaac 2012:'Hope for The (}j recommend e Facebook Twitter 0 bookmark print Beat,But'Prepare for The Worse e more Comments: 1 John Gile Dec 2, 2010,4:15pm EST This is terribly sad.St.Louis is really in need of some help.Progressive Youth Connection specializes in preventing violence and bullying,but they need support.www.pyconline.com reply to this comment Join the Conversation • J http://news.gather.com/viewArticle.action?articleld=281474978746822 8/28/2012 10/9/12 Funeral home cut legs off corpse to fit in coffin • ThIEVINDEPENDENT Funeral home cut legs off corpse to fit in coffin Wednesday, 3 June 2009 US authorities revoked the licences of a funeral home and its director after he admitted one of his employees cut the legs of a 6ft 7in man without the family's permission so the corpse would fit in a coffin. The state Board of Funeral Service voted unanimously to close Cave Funeral Home in Allendale, South Carolina. In an agreement with the board, funeral director Michael Cave said employees never told James Hines' family that his body might not fit in a standard coffin. • An unlicensed worker, Charles G. Cave, cut the legs with an electric saw without consulting relatives. Mr Hines' widow has said his legs had been cut off between the ankle and calf and put back in the coffin. Evidence also has been turned over to criminal investigators. Under South Carolina law, destroying or desecrating human remains is punishable by up to 10 years in prison. Mr Hines, 60, died in October 2004 of skin cancer, and his family picked out a standard-sized coffin at the funeral home. His wife, Ann Hines, said her husband's body was only shown from the chest up at his funeral. And no one suggested a longer coffin. • Ann Hines said rumours about what happened to her husband's body started spreading soon after he was buried. Independent.co.uk/news/woddlamedcas/funeral-home-cut-legs-off-coryso-to-fit-In-coffin-l695771.ht... 1/2 10/9/12 Funeral home cut legs of f corpse to fit in coffin Mr Hines, an albino black man with several modest hits in the 1970s as a soul and funk guitarist with 3 Hines and the Boys, was well-known in the town of 3,700 people. He became a preacher later in his life, playing his guitar during services at the church he built and on a nearby Christian radio station until his death. This article is from The Belfast Telegraph • • independent.co.uk/news/world/emericasif uneral-home-cut-legs-off-corpse-to-f it-in-coff in-1695771.ht... 2/2 S DIANE DIMOND CRIME, JUSTICE & REALITY • MY PROFILE • MY HEADLINE GRABS • MY RSS FEED Jun.4 2009-1:26 pm I 16 views I a recommendations 13 comments - FUNERAL HOME CLOSED AFTER • DISMEMBERING CORPSE TO FIT CASKET Geez, there's got to be a special place in hell for someone who would defile a human body. Especially someone who works in the funeral business! Not to make light of the situation but the very name of this funeral home would have been a turn off for me! The South Carolina funeral board revoked the licenses of an Allendale funeral home and funeral director accused of cutting off the legs of a man too tall for his casket. The Board of Funeral Service voted Monday to revoke the funeral director Michael Cave's license and the license of Cave Funeral Services of Allendale after months of investigation.According a document released by the South Carolina Department Of Labor and Licensing, a funeral home employee used an electric saw to cut off James Hines'lower legs so he would fit in a casket that he was too tall for. • 10/9/12 Wife: Man's body cut to fit coffin-US news-Life I NBC News Wife: Legs of husband's body cut to fit coffin 4/3/2009 3:40:13 NI ET NBCNews.com IIJames Hines was a giant—a 6-foot-7, 300-pound preacher and funk musician so big that after he died in 2004, a macabre rumor began circulating in this small town that the undertaker had to cut off his legs to fit him in the coffin. This week, after years of whispers, Hines' body was exhumed, and the gruesome story appeared to be all too true. The coroner's office said only that it had found "undesirable evidence,"and a criminal investigation has been opened. But Hines' widow said investigators told her that his legs had been cut off between the ankle and cat( and his feet had been placed inside the casket. 'It's just like pulling the scab off an old sore. I was kind of like smoothing things out. But now it's Lke starting all over again,"Ann Hines said Thursday, two days after investigators pulled the casket from the ground, lifted the lid, photographed the contents and returned it to the earth, all without leaving the graveyard. Up to 10 years in prison Under South Carolina law, destroying or desecrating human remains is punishable by one to 10 years in prison. Reached this week, a man who identified himself as the owner of Cave Funeral Home,which handled the • funeral, declined to comment. The allegations were so startling that funeral directors around the country are taking about the case. 'You hear old wives' tales about this around the turn of the century, but, no, this was a shock to me,"said Doggett Whitaker, a past president of the National Funeral Directors Association. Ann Hines said that she and her family went to the fimeral home after her husband's death to snake the final arrangements, and she picked out a standard-size casket. At the funeral, only the top half of the lid was open, showing Hines from the chest up, she said. She said nobody ever suggested a bigger box. Funeral directors sometimes pull up the knees or shift the padding in the coffin to make sure the body fits. But the best solution is usually a longer casket, Whitaker said, adding: "Just being upfront and honest with the family is the best path to take." He said bodies are usually measured and families told where a corpse's head will rest in the casket. Longer caskets are routinely manufactured, though they cost more than standard ones. 1. Only on NBCNews.com 1. Jerry Sandusky gets 30 to 60 years for child sex abuse 2. More migrants dying on illegal journey to US 3. Ex-soldiers enlist Afghans to craft military-themed ins-flops 4. Pakistani girl on Tahban hit list shot outside her school 5. Daredevil to break sound barrier with 23-mile plunge? www.msnbc.msn.com/id/30033001/ns/us_news-lif a/t/wif e-legs-husbandsbody cut-fit-coif in/it.UHSj... 1/2 6. First Read:Election focus shifts to Ohio 7. One in eight of world population going hungry:UN • Duffie Stone, the county prosecutor, would not comment on the investigation. From funk master to minister Around town, Hines was an unforgettable figure, and not just because of his size. An albino black man, he performed for decades as a soul and fink guitarist. His group, J. Hines and the Boys, never bit it big but filled clubs and auditoriums in the Southeast, and small radio stations played some of its recordings, including"Funky Funk"and "Can't Think of Nothing(Blank Mind)." He gave up what he called his instrument of sin when he found God in the early 1990s. But his pastor had heard Hines' recordings and, convinced that Hines should share his gift, took him to buy a new guitar. Eventually, Hines became a minister in Allendale, about 75 miles southwest of the capital, Columbia. He played his guitar during services at the church he built and on a nearby Christian radio station until his death from skin cancer at 60 in 2004. At his funeral, several people, including one of Hines' five children, said the casket looked too small. Hines was about 79 inches tall in his bare feet, according to his family. The interior length of a standard coffin is about 80 inches but can vary by a few inches, depending on the • padding, the thickness of the walls and other features, said Scott Jones, chief executive of Service Casket Co., a casket distributor in Columbus, Ga. After the funeral, the tumors began—started, some say, by a former funeral home worker—and it seemed as Wall 3,700 people in town were talking about the burial. Ann Hines said she threatened to sue Cave Funeral Home and the business agreed to settle out of court as long as she did not tell anyone how much she received. She said workers at the funeral home never told her exactly what happened. She said she accepted the deal and tried to forget about the whole thing and stop wondering why nobody even apologized. Eventually, someone called the South Carolina Board of Funeral Service, and the coroner and an investigator with the agency received the widow's permission to dig up the grave. Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. • Houstonian accused in corpse abuse case - Houston Chronicle Page I of 5 STANDARDS .` • GRAD rile!_ Get Your Temperature and Humidity Meaaunng Prixlucta Now It It 7;1,3e h ron co 1 1 Classifieds Houston Weather . Q Search ( chron.com C' Web Search by YAHOO! C' Businesses HOME NEWS SPORTS BUSINESS ENTERTAINMENT LIFE TRAVEL BLOCS LA VOZ JOBS HOME Houston &Texas Houston weather Houston traffic Hurricanes Nation&world Politics Health News bizarre Houstonian accused in corpse abuse case Baby's body at center of corpse abuse 'worst case' Hefty fine, loss of her license are proposed for area funeral director JANET ELLIOTT, Copyright 2006 Houston Chronicle Austin Bureau Published 5:30 a.m..Wednesday,June 7,2006 Ads by Google Environmental Markets Learn how Goldman Sachs is helping to develop the Clean Tech market.goldmansachs.com/clean-technology Living Trusts Protect your family's assets with a Revocable Living Trust. www.gaudvlaw.com/ Houston and Texas AUSTIN -A Houston woman accused of hiding a baby's body in the pants of a man's corpse, apparently to avoid 0 paying an extra $50 for cremation, should be fined • $41,500 and lose her funeral director's license, the shale Texas Funeral Service Commission said Tuesday. 11 — Comments(0) I./ Email This "I believe this is absolutely the worst case I've seen in Ri Larger I Smaller L Font seven years," said Chairman Harry Whittington. Printable Version In addition to the proposed sanctions against Stephanie Barkley, the commission also recommended $8,400 in fines against her family's business, Barkley Mortuary of Crockett. Commission investigators said Barkley made the funeral arrangements with the families of the . baby and the man, who were not related, at an unidentified Houston funeral home. Ads by Google http://www.chron.com/news/houston-texas/article/Houstonian-accused-in-corpse-abuse-ca... 8/28/2012 Houstonian accused in corpse abuse case - Houston Chronicle Page 2 of 5 Moving Company Hawaii Guardian Hawaii Movers 4 Less We Make it Simple-Get Price Now • www.UShioGyardian.com/Movinit,-Hawaii Business Travel Agency You Leading Business Travel Solutions Partner in Los Angeles wino.Montroserravel.com Living Trust Attorney Living Trust Wills,Power of Attorney www..paulhrisson.com We Make House Calls Complete Living Trust,Notary-,8795 Voted"Best of LA",Member of BBB Soros com Whittington said Barkley apparently was trying to avoid paying the extra $50 it would have cost to have the baby cremated. Family given wrong ashes The baby's family, who live in Houston, learned of the situation a year ago when a state investigator knocked on their door and asked to examine ashes they had been given by the funeral home. It was determined that the ashes in two small urns were from an unknown adult. • "I asked her if she had the cremated remains of her baby, and she said 'yes.'I just had to tell her that she didn't, that he was still at the crematorium," commission investigator Donna Potter said. The baby and the man later were cremated separately. The family of the dead man still has not been notified, but commissioners ordered Potter to visit them and tell them. "Both families were harmed," said Commissioner Laurens B. Fish III. "If I had to guess, the family of the adult would be horrified to know the circumstances." Barldey, 41, already has pleaded no contest in Harris County criminal court to abusing a corpse. She was sentenced in April to two years probation. As part of the probation, she voluntarily relinquished her license for two years. The terms of her deferred adjudication probation allow Barkley to keep the conviction off her criminal record if she successfully completes her probation,which includes 8o hours of community service. She also was fined $30o and was ordered to pay$200 in restitution to the baby's parents. Barkley did not return calls Tuesday seeking comment. Her attorney in the criminal case, • Michael Laviage, said the case was based on circumstantial evidence and that it involved an employee of Barkley's. He refused to comment further. http://www.chron.com/news/houston-texas/article/Houstonian-accused-in-corpse-abuse-ca... 8/28/2012 Houstonian accused in corpse abuse case - Houston Chronicle Page 3 of 5 Barkley's mother, Jessie Barkley, owner of Barkley Mortuary, said she wasn't involved in the • incident and hadn't been advised of the funeral commission action. "I don't have any answers," said the elder Barkley, who was reached at a Houston number identified as Barkley Memorial funeral home. Abuse of a corpse is a Class A misdemeanor that carries up to one year in jail and a $4,000 fine. Whittington, who has been chairman since 1999, said the fine is the largest during his tenure. The recommendation now goes to a state administrative law judge for trial. The six-member commission voted unanimously to find that Barkley engaged in unethical and unprofessional conduct, commingled remains and failed to follow identification responsibilities. The owner of the Crosby crematory that reported the incident, called the situation "disgusting." "When the manager of my crematory found a premature baby wrapped in a plastic bag, stripped of all identification, stuffed into the pants leg of an adult male who was about to be cremated, he was astounded," Anna Holy Blackwell said in a letter to the commission. According to Potter's report, Barkley told the baby's parents she had put the baby's cremated remains in the urns and would only charge $150 for the cremation, saying that is what the crematory charged. The crematory only charges $50 for an infant cremation. Sentence disputed Whittington said he thought that the two-year probated sentence was insufficient punishment for what Barkley did. The Harris County assistant district attorney who handled the case is on maternity leave and could not be reached for comment. Another prosecutor who said she was familiar with the case said the sentence was appropriate. Markay Stroud, who works in the District Attorney's consumer fraud division, said there was a question about Barkley's intent for the baby to be cremated along with the adult. She said had the case gone to trial and prosecutors not been able to prove intent,Barkley could have been acquitted. "There's no reason to question this plea agreement," she said. janetelliott@chron.com L Printable Version E Email This _iJ 0 Shale • We Recommend http://www.chron.com/news/houston-texas/article/Houstonian-accused-in-corpse-abuse-ca... 8/28/2012 ortuary ghoul pleads guilty - Michael Mastromarino cuts deal for lighter prison sentenc... Page 1 of 2 iMESLedger SERVING QUEENS SINCE 1919 January 24,2008 Mortuary ghoul pleads guilty - Michael Mastromarino cuts deal for lighter prison sentence By Thomas Tracy The Brooklyn Paper 2P Tweet 0 The mastermind behind a ghoulish illegal body plundering scam is preparing to plead guilty to his crimes—a bid that could not only get him out of prison before his 62nd birthday, but could possibly turn the country's billion-dollar bio-medical industry on its ear.As part of a plea arrangement made with the Kings County District Attorney's office, former dentist turned bio -medical mogul Michael Mastromarino,44,is expected to tell prosecutors everything he knows about the companies that purchased the bones and tissues he allegedly removed from thousands of corpses without the consent of the victim's estate or their families. Most of the body lootings took place in a specially designed "cutting room"in the former Daniel George & Sons Funeral Home in Bath Beach,officials said. Mastromarino is expected to receive 18 years in prison as well as assist prosecutors in any further investigations regarding the companies to which he allegedly sold the stolen body parts to. If convicted at trial,he could have received life in prison. But while the plea deal was expected to be accepted on January 21, the case was adjourned.A new court date had not been set as this paper went to press.A sources close to the case said,however, that the plea deal is still in effect. The additional time was granted so attorneys could hammer out a few fine points, the source said. Back in 2005, Mastromarino and his henchmen were hit with a 122-count criminal indictment, charged with enterprise corruption, forgery,grand larceny,unlawful dissection and body stealing and opening graves. Kings County District Attorney Charles Hynes described Mastromarino's activities as "something out of a cheap horror movie." `But for the thousands of relatives of the deceased whose body parts were used for profit, and the recipients of the suspect parts, this as no bad movie. This was the real thing," Hynes said. Mastromarino and Joseph Nicelli, the former owner of the Daniel George& Sons Funeral Home,were accused of carving up the bodies of corpses before they were prepared for funeral services and selling the harvested remains to bio-medical companies with forged paperwork. All of the body parts were sold through Mastromarnino's New Jersey-based Biomedical Tissue Services,officials said. Body parts cannot be sold. They can only be donated with the expressed,written consent of the donor before the person dies,officials said. To make everything appear official on paper, Mastromarino and Nicelli forged death certificates and other documents, making it appear that the deceased wanted his or her body parts donated. They also on occasion forged the cause of the"donor's" death, claiming that a man who had died of cancer had died of a heart attack, 411 which would make their harvested tissue more desirable to biomedical companies. The remains would then be used in a variety of reconstructive surgeries and operations where new bones and tissues were required. The remaining members of the team,Lee Crucetta and http://www.timesledger.com/stories/2008/4/20080124-archive316.html 9/16/2012 Mortuary ghoul pleads guilty - Michael Mastromarino cuts deal for lighter prison sentenc... Page 2 of 2 Christopher Aldorasi,were charged with assisting Mastromarino and Nicelli in removing the • body parts and then re-stitching the corpses up, replacing the stolen bones and organs with their bloodied rags, aprons and PVC piping to make it appear that the bodies hadn't been tampered with. Officials allege that Nicelli,who also owned a body transporting business, would be alerted about a death and pick up the body before it was taken to a local funeral home. He would then take the bodies to the cutting room at Daniel George&Sons where the body parts were removed, officials allege. Directors and employees of several borough funeral homes were allegedly involved in the scam, where they would reportedly receive$1,000 a body that Mastromarino and his crew would rifle through. Those involved have already pleaded guilty, as well as Crucetta,who received seven years in prison for his testimony. According to published reports,Mastromarino's Biomedical Tissue Services shipped bone, skin and tendons to three publicly traded companies: Regeneration Technologies, Inc., Medical, Inc. and LifeCell Corp. Two non-profit companies also received the plundered remains. Those companies were responsible for sterilizing the harvested organs and then sell them to hospitals and other medical companies throughout the United States and Canada. Although no charges have been filed against these companies (some, however,have already been sued for their role in the criminal enterprise), they may not be happy with what Mastromarino has to say about their organizations if he takes the stand. "Let's just say that [Mastromarino] is going to assist investigators and give any information he has about the processors and their role," Mastromarino's attorney Mario Gallucci told reporters last week. "It appears that the Brooklyn district attorney's office is interested in the information that he's providing." Mastromarino is facing another indictment in Philadelphia. It is unclear if a similar plea deal is being hammered out with prosecutors there. • ©2008 Community Newspaper Group Tweet 0 READER FEEDBACK • http://www.timesledger.com/stories/2008/4/20080124-archive316.html 9/16/2012 Page 2 of 16 S` Ilk 1`�` vw � J2; , I t 1 i foll) :. F f 0 _, At, � - - ' Home> Abuse > Corpse Abuse > Funeral Home Employee Fingered For Corpse Abuse Funeral Home Employee Fingered For Corpse • Abuse March 9, 2012 at 10:14 am by kniption I AliMik —-- -- Toledo,OH- Lawrence J. Clement, 57, has turned himself in to Toledo police after having been told that there was an active warrant for his arrest. This in response to allegations that he was discovered touching a corpse 'in a sexual manner' while working at a funeral home. Police say Clement—of Temperance Michigan—had "sexual contact by means of touching the erogenous zone" of Brenda Shular-Cameron, 51. Shular-Cameron had died Sunday of multiple organ • failure. Shular-Cameron's family was reportedly told that another funeral home employee witnessed Clement "fondling" the woman's corpse. http://www.dreamindemon.com/20I2/03/09/funeral-home-employee-fingered-corpse-abuse/ 8/28/2012 Page 3of16 Clement, who had worked part time at H.H. Birkenkamp Funeral Home where the incident allegedly • occurred, has since been fired by the company, a spokesman said Wednesday. The family of the victim reportedly said they were told Clement worked there for seven years and was a `greeter.' "I'm enraged," said Anne Lamprecht, the victim's mother. "My daughter died a horrible death. She was a beautiful young woman. I cringe to even think of them touching her." The family had the woman's body transferred to a different funeral home, but the future is not yet clear. "We can't even bury her now," Ms. Lamprecht said. "We can't make funeral arrangements. We don't know if the police will hold her body. She didn't deserve this. None of the family deserved this." Shular-Cameron's family have claimed funeral home manager Susan Birkenkamp offered to forgive the $11,000 funeral cost if the family didn't call police. Lisa Marshall, a spokeswoman for Houston- based Service Corporation International, which owns the Birkenkamp funeral home denied the family was offered a deal. Marshall said that the company wouldn't have told the family in the first place if it wanted to cover anything up. "I do not believe for one minute that we offered the family anything for their silence, and I believe that we operated as we always do with full transparency," Marshall said on Thursday. The woman's mother had reportedly said, though, that the funeral home employee who witnessed the alleged abuse had threatened to go to the authorities if the family was not notified. The Ohio Board of Embalmers and Funeral Directors has reported that the funeral home did contact them about the matter. The board also is investigating. Board Acting Director Jennifer Baugess said that the Board could suspend or revoke the license of the funeral home or its director if wrong doing is found. Board inspectors are reportedly in Toledo today to interview employees. Clement is scheduled to be arraigned today in Toledo Municipal Court on a charge of abuse of a corpse. Such intrigue! I had always thought funeral homes were kinda boring. Hollywood could make a movie about this. But, please please leave out the obligatory sex scene. Tags: Corpse Abuse, funeral home, Lawrence Clement, Necrophilia, Ohio 58 Comments 1 19 PREVIOUS ARTICLE { r' \. li Acme .• http://www.dreamindemon.com/2012/03/09/funeral-home-employee-fingered-corpse-abuse/ 8/28/2012 • Police: Student took LSD before campus shooting A funeral director at Earthman Funeral Home in Houston has been charged with abuse of a corpse after investigators found digital photos dating back five years of the director posing with his penis touching the feet of a nude female cadaver. According to court documents, James Howard Patton, 38, is free on a$1,500 bond after being charged with a class A misdemeanor. An investigator with the Houston Police Department was looking into allegations of Internet harassment lodged against Patton by his ex-girlfriend when an April 2 search warrant turned up several photos on Patton's computer. It was unclear from court documents whether there was more than one corpse and one incident. Lisa Marshall, a spokeswoman for Earthman's parent company, Service Corporation International, said the photos recovered from Patton's computer were taken in 2004,before he was employed by • Earthman at 8303 Katy Freeway. She said Patton was taken out of service when the allegations surfaced and no longer works for the funeral home. "These are very disturbing allegations," Marshall said. "I hope people understand that this incident is unusual and is not indicative of what we're like as an industry." Patton could not immediately be reached for comment. Read more: http://w w.beaumontenterprise.com/news/article/Houston-funeral-director-charged-with-corpse-abuse- 740092 php#ixzz2XgiwoPXm • • Lawrence Clement(Booking Photo) Filed Under Daily J PM, Local, News Related Tags abuse,corpse,funeral home,Ohio,Temperance,Toledo TOLEDO (WWJIAP)—An Ohio judge has sentenced a Michigan man to one year in prison after he was found guilty of sexually abusing a dead woman's body when he worked at a funeral home. Lucas County Judge Stacy Cook sentenced 57-year-old Lawrence Clement of Temperance, Mich., to one year in prison after he was convicted of sexually abusing a corpse. He pleaded no contest last month. Clement was indicted in March and fired from H.H. Birkenkamp Funeral Home in Toledo after he was found in a compromising position with the corpse of a 51-year-old Brenda Shular-Cameron, who died of multiple organ failure. Cook said at the Tuesday sentencing that Clement abused his position of trust, The Toledo Blade reported. "This was sickening and appalling and will make everyone in this community think twice about • putting their family members in the care of a funeral home,"the judge said. " ... You are a grown man who made a disgusting choice." A message left for Clement's attorney was not immediately returned. • Service-Corporation-International I Ripoff Report I Complaints Reviews Scams Lawsuits ... Page 1 of 3 Is there a Ripoff Report about you!? SEO Reputation Management WARNING! Click Here Now! • Ripoff Report I Complaints Reviews Scams Lawsuits Frauds Reported. File your review. Consumers educating By consumers, for consumers... consumers. M Don't let them get away with it.®Let the truth be known!TM Home Help FILE A Update Latest Consumer Consumers Legal REPORT a Report Reports Resources Say Thank You Directory • Ripoff Report protects consumers first amendment right to free speech Rey Service-Corporation-International I Ripoff Report I Complaints Reviews Scams Lawsuits Frauds Reported Company Directory I Service-Corporation-International Approximately 8 Reports Found Showing 1 - 8 Wondering if a report is missing?We DO NOT remove reports from our database. Date Title City, State i Pierce Brothers Valley Oaks Memorial Park Service Corporation International Terrence Sho 7/30/2011 said, Marlene is too old . Westlake Village, California 11:16 AM v @nA_ Employers: Pierce Brothers Valley Author:westlake village Califon 2 Acacia Memorial Park & Funeral Home, Seattle Dignity Memorial, Service Corporation 1/27/2011 International, SCI Management. L.P Acacia Funeral Home, Sales Representative Terrorises 3:28 PM Grieving Relative Seattle, Washington CUCOA:D:0 Funeral Services:Acacia Memorial Park Author:Seattle Washington 3 Eden Memorial Park Service Corporation International Desecration of over 500 graves and 10/27/2009 improper disposal of human remains, digging up graves and moving bodies to make room ft 5:05 PM remains Mission Hills, California Questionable Activities: Eden Memorial Park I Author: i 4 17.7.,,a..71 PIERCE BROTHERS VALLEY OAKS - Service Corporation International Service • 10/25/2009 a. Corporation International California cemetery accused of desecrating remains, as m 8:39 PM 500 graves may have been torn up without the families' permission. Mission Hills. cc:Div: i/ California http://www.ripoffreport.com/directory/Service-Corporation-International.aspx 8/28/2012 Service-Corporation-International I Ripoff Report I Complaints Reviews Scams Lawsuits ... Page 2 of 3 `rarros ark) Is there a Roue§t� SMetActivities�rtill R BIllidattMAL nagement WARNI �uth�tficja ere' ow! • s PIERCE BROTHERS VALLEY OAKS - Service Corporation International wrongfully termini 4/21/2009 after general manager refuses to call me an ambulance Westlake Village California 10:37 AM Better Business Bureau: PIERCE BROTHERS VALLEY Author:westlake village Califon Z Fri"A!ac • 6 Cook-Walden Funeral Home, Dignity Memorial, Service Corporation International They paid 3/30/2009 local government to help families in need and they DISCRIMINATED against a Native Amer 7:23 AM Army veteran Austin Texas Corcaaq/ ...i READ THE RIP OFF REPORT POSTINGS ON SERVICE CORPORATION INTERNATIONAL Funeral Services:Cook-Walden Funeral Home I Author:Austin Texas 7 Service Corporation International aka Pierce Brothers Service Corporation International aka 10/31/2008 McMillan-McCormick Pierce Brothers Service Corporation International, aka McMillan-McCc 9:27 AM Pierce Brothers, Halverson, Stone & Myer Assembly-line embalming, deceased prepared at C"_10Am central facilities Shades of soylent green Houston Texas ...That is how SCI operates., I was sexually assaulted by Mortuary Manager Del Mattews, in the preproom embalming an elderly woman, SCI and the President connections to the current administration., Get a life... democrats will say and do anything.,Typical Behavior, I am far from being a fan of SCI, but be sure to rese ANY funeral home before using them., Here is an Investigative Report on Service Corporation International were or are an Employee of SCI in the past three years, BE SURE TO READ THIS!, I HAVE PROOF THA . I THERE WAS A CLASS ACTION SUIT AGAINST SCI in Texas in 2004!, Several Class Action Suits against ( Lawsuits like this tend move slowly!) Funeral Services:Service Corporation International Author: Santa Ana CA a Greater Miami Jewish Cemetery Assoc. A/k/a Mount Sinai Memorial Park Cemetery ripoff N 10/31/2008 more! Moved my Mother's Memorial Stone 3 times. now I can't find my Mother's Remains. T 9:25 AM horror has been going on since Oct. 2003. In a few word this is Chapter 672-.02 Cemeteru I r°""°✓ Have a confession from Pres. of Board but Board says they have no Liability. I am still goinc nssu'Aia hill fighting them & getting very ill. had Disinterment, Mito DNA, pictures, film & spent much. Florida ...Was this Cemetery taken over by Service Corporation International?They are being sued in Texas too. Funeral Services:Greater Miami Jewish I Author:Aventura Florida Approximately 8 Reports Found Showing 1-8 I Showing Page 1 of 1 Legend aair yNew t,'ur=a=i'y, Updated moTTA4 Rebuttal rxo:uet' Phi http://www.ripoffreport.com/directory/Service-Corporation-International.aspx 8/28/2012 Mal Wiyfnance and More H,Guest ! Sign In : Help&Feedback Home for Sale Rentals Articles Home Values • Er ter C.a. State dr ZIP SEARCH i Main Homes for Sale _Rentals I Home Values i News Home Finance _ How To Guides , Videos l About Us i Cremated Remains of 56 People Found in Ohio Foreclosure By The Associated Press I Posted Sep 20th 2012 12:22PM 31 Comments 128 18 103 a Copyright 2012 The Associated Press.MI rights reserved.This material may not be published,broadcast,rewritten or redistributed. ah� tom R -„ , i - __---4_,--t„ 4,,,,sata.,.._ -i' '+s 'ors,, ` r i_z {f-�i • - ..--. .. fir._ . . i,. ', � c-- AA J aee xys DAYTON,Ohio--Boxes containing the cremated remains of 56 people stored at a southwest Ohio house under foreclosure are the same ones that a state regulatory agency found at a now-closed funeral home last year,officials said Wednesday. Dayton police said that a contractor hired to remove remaining items from the house co-owned by the former director of the funeral home found the boxes In a closet Tuesday in the city north of Cincinnati.The boxes labeled with names and dates of death of the deceased individuals were collected by the Montgomery County coroner's office,which is working to inventory them and try to find any next of kin. The remains found Tuesday were the same ones that were found at the McLin Funeral Home in Dayton last October by investigators for the state Board of Embalmers and Funeral Directors, board executive director Vanessa rSekamp said Wednesday.She said the board in January permanently revoked the licenses of funeral home director Scherrie McLin and the funeral home after a state investigation revealed violations of (State laws and administrative codes. The board,which is the court-appointed receiver for the now-closed funeral home's prepaid funeral service contracts,had court permission to enter the funeral home last year and remove those documents,Niekamp realestate.aol.com/blog/2012/0920/cremated-remains-of-56-people-found-in-dayton-ohio-foreclosure/... 1/7 said. "We saw the boxes then and recorded the names,'said fiekamp,who called the discovery of the boxes at •the house"horrifying." She said the board had no authority to remove the remains but immediately informed the county prosecutor's office about them.Calls to the prosecutor's office were not immediately returned Wednesday. Records with the county auditor's office show that the house where the boxes were found is owned by Sdterrie McLin and Tanya Anderson.They could not be reached for comment Wednesday. Niekamp and coroner's office director Ken Betz said their agencies and others will be working together to determine whether there are relatives to claim the remains and how to handle any unclaimed ones.The dates on many of the boxes date back to the early 1990s,with the oldest dated 1982. Coroner's officials also will check death certificates,on which funeral homes are to place the final disposition of remains,he said. Betz and Niekamp said it would be up to law enforcement agencies to determine if any laws have been broken.Dayton police didn't immediately return calls Wednesday. Nekamp said state law allows funeral directors to dispose of remains after 60 days if they are not claimed, but it doesn't say they have to be disposed of at any set time.The law does say that when the remains are disposed of,they must be placed in a grave,a crypt or a niche,Niekamp said.An example of a niche would be an alcove or recess in a wall that might be used to display remains of someone in a museum,she said. Its very common,unfortunately,that someone passes away and has no one claiming their remains,' Nekamp said,adding that the law was intended to enable funeral directors to make arrangements for handling unclaimed remains. Police have said that the remains found Tuesday were still in the plastic boxes funeral homes use for temporary storage. Copyright 2012 The Associated Press. The information contained in the AP news report may not be published,broadcast.rewritten or otherwise distributed without the prior written authority of The Associated Press.Active hyperlinks have been inserted by AOL. Watch IAore Necs■ideoeat ABC 12012 Aesdenval Election I Entertainment&Celobnty News See also: $7 MIlion in Gold hidden In Carson City Home Doomsday Bunker'Made of Stolen Trailers,Police Say apiSnakes,Alligators and Other Exotic Animals Found friside Brooklyn Apartment More on AOL Real Estate: Find out how to calculate mortgage payments. Find homes for sale in your area. realestate.aol.com/blog/2012/09/20/cremated-remains-of-56-people-found-in-dayton-ohio-foreclosure/.. 2/7 Judge issues gag order in crematory case - CNN Page 1 of 2 rill g SEARCH • Homo I video I NewsPulse I U.S.I World I Politics I Justice I Entertainment I Tech I Health I Living I Travel I Opinion I Report I Money. I Sports Ads by Google Prudential Can Help Judge issues gag order in crematory case Together, let's tackle our biggest financial challenges. Learn more. February 21,2002 Prudential.com lbringyourchallenges JJ —� J Man Cheats Credit Score A county judge issued a gag order Thursday in the case of a crematory operator accused of failing to 1 simple trick&my credit score jumped cremate hundreds of bodies and hiding them on his northwest Georgia property instead.Walker County 217 pts. Banks hate this! Superior Court Judge Ralph Hill issued the order in the early evening.It cut short a news briefing by www.thecreditsolutionprogram.com law enforcement officials near Tri-State Crematory in Noble,near Georgia's borders with Tennessee and Alabama Before the order was announced,Georgia Chief Medical Examiner Kris Sperry said investigators had completed emptying six burial vaults found on the crematory's grounds.The vaults,each designed to hold one body,contained 67 sets of remains,Sperry said. Ads by Google Advertisement Related Articles I M PACT O WO RLD Prudential Can Help sheriff warns of possible threats to crematory Together,let's tackle our biggest financial operator challenges. Learn more. r - Iiirr' • February 22 2002 Prudential.com lbringyourchallenges Parents,sister of crematory operator arrested 1 i March 8 2002 Man Cheats Credit Score 1 simple trick&my credit score jumped . 2. `�' Investigators delay draining crematory lake 217 pts. Banks hate this! - I February 27,2002 www.thecreditsolutionprogram.com — • WHAT WOULD HAPPEN IFt.. ' Advertisement EVERYONE CARED? IMPACT( MORLO Search teams have now recovered 283 corpses and identified 54 of those,according to the Georgia l - Emergency Management Agency. J. VV r The crematory's operator,Ray Brent Marsh,is under close watch in the Walker County Jail,Sheriff Steve Wilson said.He faces 16 felony counts of theft by deception--one count for each of the bodies identified at the time he was charged.Authorities say Marsh,28 did not perform cremations that families had paid him to do. A bond hearing is scheduled for 2 p.m.Friday,said Wiliam J.Day,Walker County's chief magistrate. The hearing had been delayed until Marsh hired an attorney. The recovery operation at the crematory and nearby parcels has cost S5 million over its first five days, said Georgia Bureau of Investigation Deputy Director Vernon Keenan.Salaries and heavy equipment costs account for most of the expense,he said. Authorities have also decided to drain a lake on Marsh's property after investigators using underwater !' It" radar and infrared cameras found a human skull and torso on Wednesday. The entire recovery process could take eight months,investigators said.State officials said they plan to - fi ask the federal government for emergency funds to offset the cost of the operation,which one official described as"a catastrophe that can only be described as a horror story." "The odor is now overwhelming,"Keenan said Thursday."But our agents and the deputies who were You don't on the scene Friday did not smell anything." have to wait The state has set up a morgue facility in an undisclosed location and brought in specialists to help for the world identify the remains.Once a body is identified,it is sent to the funeral home that sent it to Tn-State and to change 1 the family is notified,Keenan said. . --CNN Correspondent Art Harris contributed to this report. Ads by Googie • "iJ.:c RLIM.: __ "- __ _ . Master Without Bachelor Online MA in 12 months from leading British University-free catalogue http://articles.cnn.com/2002-02-21/us/crematory_I_sheriff-steve-wilson-walker-county jai... 8/28/2012 Central figure in cemetery probe found dead - CNN Page 1 of 2 rce- sEARCM • Home I Video I NewsPulse I U.S.I World I Politics I Justice I Entertainment I Tech I Hearth I Living I Travel I Opinion I Report I Money• I Sports Ads by Google CARBON MONOXIDE Genealogical Study Course Self-Paced Online instructional Course.Fast Easy. Central figure in cemetery probe found dead Enroll Now! www.UniversalClass corn December 27 2001 Ancestrv.com-Genealogy .J World's largest online family history resource.a.billion records I • www ancestry.com A central figure in an investigation into the desecration of graves at two Florida Jewish cemeteries is 5 Foods you must not eat dead of an apparent suicide,police said Thursday. Cut down a bit of stomach fat every day by never eating these 5(oods. Peter Hartmann,45,was found dead late Wednesday in the garage of his parents'Boca Raton home, Tnmdowncmb.mm apparently poisoning. running,police said,and the garage was full of pparent from carbon monoxide oisonin A car was rennin Coffee Exposed smoke. A shocking secret coffee co's don't want you to know www ConeeFootcom Hartmann was the general manager of the Menorah Gardens Cemetery chain that had come under fire for allegedly digging up bodies without notifying their relatives and,in some cases,losing the remains of the deceased. Related Articles s Ads by Google Advertisement Master .Ain 12 months from U M MI1 After suicide try,survivor on respirator Online MA in 12 months from leading British University- I M PACT D WD RLD May],195' free catalogue Genealogy -- �—�--r Gel cces P MD,Census 11��r I1I Officials:Hollywood Foreign Press member dies Full Access-BMD,Census Rewrds.Find Family In apparent suicide History with Experts. RR January 21,2011 FindMyPast cam//UK-Genealogy i' Free Genealogy Search D sl Tennessee lawmaker dead in apparent suicide New Instantly Family Tree Mapping.Its Free!Find Your '. IJune 20.2002 Ancestors Now. . • SemorFacts corn -•. Brain Training Games WHAT WOULD HAPPEN IFS Improve a memory with scientifically designed brain EVERYONE CARED? exercises. Find More Stones About s vnvw.lumositycom Carbon Monoxide Menorah Gardens is operated by Service Corporation International,one of the country's largest providers of funeral and cemetery services. Advertisement In a recent class action lawsuit,attorneys for several families of people buried at the two cemeteries said they found evidence of bodies being moved without telling families and showed a videotape of human remains scattered in the wood near one of the cemeteries. Florida Attorney General Bob Butterworth is investigating charges against the funeral company. A spokesperson for the Palm Beach County sheriff said the office was treating the death as a suicide but was waiting for the medical examiner to make a report. Ads by Google Prudential Can Help Together, let's tackle our biggest financial challenges. Learn more. Prudential.com/bringyourchallenges We recommend From around the web Report:Pilot error led to woman's fatal fall from glider a Things You should Know About Restless Legs This Just In Syndrome Heatthcentral.com • Hiker photographs bear just baton fatal grizzly attack Give To The Homeless,Commit a Crime?The CNN.com Responsibility Project No more niceness:Obams,Romney try to rein on Thomas Edison Did Not Invent The Llghtbulb land each omens parade CNN politics Other Things You Should Know)Gusicomm Spark http://articles.cnn.com/2001-12-27/us/cemetery.scandal.suicide_l_funeral-and-cemetery-s... 8/28/2012 Threatened Strike Called Off Two Days After Vandals Hit Three Suburban Chicago Fune... Page 1 of 1 .I Mae. 1 ci:ck here m remm to'OL Corn • s.ptercr 4,2012 POST HUFF CubHICAGO Threatened Strike Called Off Two Days After Vandals Hit Three Suburban Chicago Funeral Homes 4-4b. 'r I • a --sr.-14. Flickr:wickenden• First Posted:07/12/11 02:30 PM ET Updated:09/11/11 06:12 AM ET A walk-out previously scheduled for Tuesday morning at four suburban Chicago funeral homes tom, t 4;;,a - -$3 • was postponed after management of the homes agreed to meet with the local union to •.., y negotiate a new contract for employees, including funeral directors, embalmers and livery drivers. - ,• The Chicago Sun-Times reports that three of the four Alderwoods funeral homes involved--the - r.orz t• ,,,_,,: ' Weinstein home in Wilmette, the Lauterburg & Oehler home in Arlington Heights and the • '- Oehler home in Des Plaines -- were vandalized sometime Sunday evening with "vulgar 44`-` profanity, broken windows, damage to the front door and damage to an associate's car;' —c according to a spokeswoman for Service Corporation International, the company which owns the homes among its 21 Chicagoland locations operated under the Dignity Memorial brand nkCkr:wckenden name. The Teamsters,who deny they had anything to do with the incident, voted to strike on July 5 and threatened to file unfair labor practice charges against the funeral home company. They claim SCI has engaged in bad faith bargaining and direct dealing,while the company argues the main sticking point has been whether the unionized workers will go to the company's health care plan,rather than the union's plan,according to the Chicago Tribune. SCI, reportedly the largest provider of mortuary products and services in North America, operates some 1,800 funeral homes throughout the country. The Houston, Tex.-based corporation maintains that any changes they have made to the union's proposed contract will not reduce employees'wages or make changes to their health care plan,the Sun-Times added. • http://www.huffingtonpost.com/2011/07/12/threatened-strike-postpon_n_895769.html?view... 9/4/2012 Page 3 of 11 Filed under • Local, News, Syndicated Local Related tags Armando Sardina, Body Removal, Broward Sheriff's Office, BSO, Crime, Michael Bressler, Service Corporation International, Tamarac Legislative Session Coverage FLORIDA LEGISLAItJRE Full Legislative Session Coverage Get Answers 1. Somone needs to review what people post and discard unacceptable feeds! 2. Why do repubes cry like little bitches ? 3. WHY DID THE MEDIA FAIL TO MENTION THAT OBAMA EXCLUDED VETERANS FROM THE VIETNAM WALL ON MEMORIAL DAY 4. From Texas, has Holder spent millions going after a baseball player because kids look up to their heros and role modles, yet he is going to be held in contempt for being the worst roll modle ever 99999 5. Why does the news media regularly refer to and scrutinize the Religious Right but rarely even use the term Religious Left? Is it possible this because media are protecting their secular progressive/humanist beliefs and goals fro Ask a Question TAMARAC (CBSMiami)— When it comes to money and death, the old saying is, "You can't take it with you." That may be true, but it doesn't give someone else the right to take it instead. Cops say that's exactly what happened when a man came to remove the body of lately-departed Michael Bressler of Tamarac. Bressler was 53 when he died of natural causes at his Tamarac home January 5th. His family wanted his body taken to Star of David funeral home which, according to police, is owned by Service Corporation International. That company sent driver Armando Sardina to remove Bressler's body and take it to the funeral home, but according to the Broward Sheriffs Office, Sardina tried to leave with more than Bressler's body. http://miami.cbslocal.com/2012/01/09/cops-driver-removed-tamarac-mans-body-and-his-ca... 9/4/2012 Page 4 of 11 Sponsored Links • 0 VA 2.375%Loan Refinance 2013 VA Loan Guidelines J... n.1/flu"taml www VeteranLoanAdministratio.. Portfolio Win GTSO Industry Experts Predicting Huge I'77;;,*:„..-.Enormous Market- Inv... 1t rg,'re,.www.GTSOResources.com n LifeLock®Official Site Purchase Top-Rated Plan f... LifeLock.com I adidas® - Official Store rc-JA-, Represent with adidas&#... \-- I adidas corn ,i Woman is 57 But Looks 27 ;74, Whittier Mom publishes sim... 4"iti Consumer ifestyles.org ID As Sardina was preparing Bressler's body for the trip to the funeral home, family members said a second worker, who was not named by police, was speaking to Bressler's brother-in-law outside the room where the body was. The brother-in-law became concerned when he saw that the door to the room had been closed, with Sardina inside, and thought the second worker was intentionally distracting him. When he opened the door, relatives told CBSMiami.com, he saw Sardina getting up in a nervous manner. Sardina then left the house for his vehicle. Family members expressed concern to a BSO deputy who was investigating the circumstances of the death. When a deputy got permission to search Sardina's van, he found $347 in cash buried between the seats. The money was apparently taken from a bank bag in the room where Bressler's body was lying. BSO said Sardina admitted the theft and apologized, but he was arrested and charged with grand theft. No action was taken in the case of the assistant. Investigators are concerned that this may not be the first time Sardina left with more than just a a body, and are asking for anyone with concerns they might have been also victimized by Sardina to come forward. ,....„ A Surmaar Muet Read (ha 5 Love Lc.Tquaiges 'G1.wrs Edition": 1 ha Secret to Love that LLals. Click Hare • Share this 14 View Comments http://miami.cbslocal.com/2012/01/09/cops-dri ver-removed-tamarac-mans-body-and-his-ca... 9/4/2012 TAB 19 Tumultuous Page 1 of 5 tA6Vealar Agreateirnea The Leading Source for Information in Funeral Service News updates for the week of July 3, 2012 Tumultuous aJ try � Funerals • "When the Deceased Can't Rest in Peace..." • By Robert F. Granzow III,MS Introduction For most persons, funerals are meant to be a time of solemn reflection, a dignified celebration of a deceased's life. All too often, however, the decorum and sanctity of these ceremonies are irreparably marred by hostile confrontations, disruptive behaviors or even disorderly altercations erupting amongst family members, friends and those who have ostensibly gathered to pay their last respects. While these situations are relatively infrequent in comparison to the millions of funerals held each year without incident, the consequences and liabilities associated with what may be considered "tumultuous funerals"can neither be ignored nor denied. Albeit unfortunate, funeral directors can no longer assume that the historical sanctity of viewings, funerals or burials will be respected or perpetuated to the degree they once enjoyed. This observation may be further validated by a growing trend for secular, contemporary and even theme services that many times celebrate the "lifestyle" and not the life, of the deceased. A funeral director's failure to identify or act upon these or other"foreseeable" risks is all that may be required to allow the unthinkable to occur with unspeakable results. A Proactive Approach It is interesting to note that many funeral directors appreciate the risks of fire, burglary and even natural disasters, yet fail to recognize or address the threats posed by a family feud turning violent, an inebriated visitor becoming disorderly or a despised employer deriding the deceased in the presence of grieving friends and family. While many factors may contribute to "selective risk management," an absence of perceived need, coupled with the lack of a cost-effective and time-efficient solution, are two of the most common reasons for not assuming a more proactive posture. http://www.mortuarymanagement.com/Tumultuous.html 9/5/2012 Tumultuous Page 2 of 5 Premised upon the generally accepted emergency management principles of Prevention, Detection, • Response and Recovery, funeral directors seeking to minimize the risks and liabilities associated with tumultuous funerals may begin by establishing initiatives to "prevent" confrontations, "detect"warning signs of volatility, "respond" effectively to identified risks and "recover"from critical events should they occur. This four-part program provides funeral directors with a viable model that promotes individuality and enables flexibility in design. Step 1: Prevention Preventing tumultuous funerals necessitates both awareness and understanding, an awareness of the problem and an understanding of what is required to prevent, detect, respond to and recover from an incident, should it be realized. Specifically, prevention requires funeral directors to establish a zero- tolerance mind-set for any acts by family, friends or visitors that may be deemed raucous, confrontational, hostile or otherwise intimidating. Additional opportunities for implementing a climate of"prevention"may include: 1)the production of a mission statement that emphasizes respect, dignity and decorum; 2) assignment of adequate professional staff at all viewings, funerals and graveside services; 3) documentation and assessment of risks associated with volatility; 4) prohibition of weapons on mortuary property; 5) establishment of professional guidelines for non-traditional services; and 6)the communication of expectations for all to "enter with love, and depart in peace." Step 2: Detection Detecting tumultuous funerals before they occur, not after, is the ultimate goal of detection. While tumultuous funerals often erupt with seeming spontaneity, in actuality, these situations seldom occur • without the benefit of warning signs, or what may be considered the "red flag indicators" of volatility. Specifically, red flag indicators of volatility may be categorized as being either"individual"or "situational," depending upon whether or not the basis for the indicator emanates from a particular individual or the circumstances surrounding the deceased's death. Red flag indicators of individual volatility may include unmanaged mental illness, chronic substance abuse, dysfunctional family dynamics, overt interpersonal animosities and chronic maladaptive or violent behaviors. Funeral directors should attempt to ascertain the nature and quantity of red flag volatility indicators while making funeral arrangements with client families. Funeral directors are ideally positioned to ask, "Will anyone be attending the viewing, funeral or burial who may have difficulty dealing with the death physically, mentally or emotionally?" or"Is anyone coming who has special medical needs?" or simply, "Is everyone who may wish to attend welcome?" Many times, the simplest of questions posed with an appropriate tone of concern is all that is required to learn about those with fragile health, addictive disorders, or hostile and estranged relationships. Afforded this information, funeral directors are well poised to respond to issues before calamity strikes. Unlike indicators of individual volatility that focus upon the intrinsic issues of individuals, situational indicators address that which would be considered extrinsic to the deceased's life. Specifically, indicators of situational volatility are concerned with those deaths attributable to the malicious actions or deliberate inactions of others. Red flag indicators of situational volatility may often include deaths related to gang violence, child abuse, • elder neglect, hate crimes, vehicular homicide, suicide or even negligent manslaughter. Funeral directors tasked with effecting removals from residential environments, public settings or even county morgues may be ideally positioned to detect these indicators of situational volatility by virtue of their personal observations or professional conversations with police, coroners or medical examiners. http://www.mortuarymanagement.com/Tumultuous.html n is nn i n Tumultuous Page 3 of 5 An additional consideration in situational volatility assessment arises when those who are most • unwelcome seek to attend services for the deceased. Funeral directors simply can not assume that those who are "persona non grata" will avoid a viewing, funeral or burial service even if they were the cause of, or involved in, the deceased's demise. Examples of persona non grata visitors may include: 1) an employer attending the funeral of an employee who committed suicide when they learned their job was being eliminated; 2)a man walking into the viewing of a mother and child who died from injuries sustained when the man's car errantly veered into oncoming traffic because he was intoxicated; or 3) a group of religious extremists shamelessly protesting at the funeral of an American soldier killed by a roadside bomb. For those situations where both"individual" and"situational" indicators of volatility are in evidence, funeral directors must exercise extreme vigilance in thoroughly assessing the risks and selecting the most appropriate options for safeguarding these most volatile events. While individual indicators of volatility may be encountered with any funeral, the likelihood of a tumultuous outcome rises exponentially when the deceased died from the actions or inactions of others. This concept of exponential volatility will be evinced with almost certainty in situations where death is the result of an actual or perceived injustice by those having marginalized or compromised psycho- emotional stability. In these situations, funeral directors should be alert to the fact that abject anger and rage can and will often supplant sorrow and grief with demonstrative and unpredictable volatility. Part 3: Response Responding to conditions of volatility provides funeral directors with options for mitigating both the risks 40 and consequences of a tumultuous funeral. While prevention initiatives encourage appropriate decorum and the principles of detection provide the basis for identifying volatile issues and conditions, it is the response component that ultimately provides funeral directors with options for avoiding tumultuous viewings, funerals or graveside services. Funeral directors seeking to develop appropriate response measures may begin by simply considering: • What type of incidents could occur? • What must be done to prevent a particular event or incident from occurring? • What must be done if a particular event or incident were to occur? Funeral directors performing this scenario-based planning exercise should remember that the determination of"foreseeability"provides the basis for mitigating volatility and is premised upon what "could" occur, and not necessarily what "has" occurred. With this simple, three-part exercise complete, funeral directors may now focus their attentions on actually mitigating volatility. Options for mitigating volatility and the associated risks and liabilities of a tumultuous funeral should include, in part: • Training for all staff in emergency action procedures should a tumultuous incident erupt. • Contracting professional security or off-duty law enforcement officers to provide discreet protective services for funerals exhibiting excessive volatility. • Installing or upgrading a digital video recording system. • Enhancing current security systems to include wireless panic alarms and well-secured safe areas. • Scheduling private or multiple sessions for viewings and even funeral services to avoid catalytic confrontations between volatile individuals or groups. • Providing a private area where family and friends may retire to avoid a confrontation with those in attendance who may be less welcome. • • Providing copies of any active"restraining orders"to local law enforcement in the event that a "prohibited" individual should seek to attend any service being held. • Retaining the professional services of a terminally degreed psychologist to be present during services where the risks of volatility are inarguable. http://www.mortuarymanagement.com/Tumultuous.html 9/5/2012 Tumultuous Page 4 of 5 Part 4: Recovery 0 Recovering from a tumultuous funeral is no easy task! Many times these events result in damage to professional reputations, property and even persons. Funeral directors must consider in advance what they would do if an incident were to occur at their facility since no mortuary or funeral home is immune from the consequences of family altercations, gang violence or demonstrations by political or religious extremists. When contemplating the recovery phase, funeral directors must determine what has been adversely impacted, and what must be done to correct that which has been impacted in order for the business to return to normal operating conditions. Several options designed to enhance recovery efforts include: • Supplementing professional liability insurance. • Developing"post incident"marketing and advertising initiatives. •Locating contractors capable of effecting repairs to damaged property on minimal notice. • Establishing a business continuity plan for the delivery of services normally provided should the funeral home or mortuary experience an adverse event that requires repairs or remodeling. In the End... While the solemnity, dignity and decorum of funeral services are most often respected by the families, visitors and guests of the deceased, the possibility that volatile conditions might ignite must always be considered. A funeral director's ability to detect and effectively manage indicators of volatility in evidence is an essential consideration for mortuaries providing consummate professional services. For those who have experienced a tumultuous confrontation or altercation at a viewing, funeral or graveside service, it is a traumatic and often costly experience not easily forgotten; for those who have been fortunate enough to avoid a tumultuous funeral, it is a nightmare well worth avoiding! • Robert F. Granzow III is a Global Security Advisor for a multinational corporation headquartered in Pennsylvania. As a former associate professor offorensic criminal justice and certified deputy coroner in the Commonwealth of Pennsylvania, Mr. Granzow holds a Graduate Certificate in Forensic Medicine from Philadelphia College of Osteopathic Medicine, an M.S. degree from St. Joseph's University, a B.S. degree from York College of Pennsylvania and an A.A. degree from Harrisburg Area Community College. He is a graduate of the Pennsylvania State Police Academy and is a member ofASIS International, the Association of Certified Fraud Examiners, the Northeast Pennsylvania Chiefs of Police Association and the International Association of Coroners and Medical Examiners. We welcome your comments • Click Here • To send a message Death Care Web store Funeral News Subscribe Now 0 Mortuary Management Home Page http://www.mortuarymanagement.com/Tumultuous.html Q/5/11117 TAB 20 Funeral Home Firm Service Corporation International Faces Lawsuits, Complaints Page 1 of 3 c�' t�a U.asbington .Lost Too Shallow a Hole to Bury a Baby Ac, rlISC m zr• Complaints About Handling of Remains Prompt Lawsuits By Josh White Washington Post Staff Writer Sunday, April 26,2009 A hole began to appear in the fresh dirt over Jordan Hale's tiny grave at Mount Comfort Cemetery weeks after her burial, prompting cemetery workers to cover the site with a granite slab. Mourning the loss of her stillborn daughter in July 2007 and wondering what was happening, Nsombi Hale was informed that a grave marker she had chosen would not fit and that her baby would have to be reburied. But Hale later learned from a cemetery employee that that wasn't the real problem. Instead, Jordan's small white coffin -- called a cherub -- had been placed in a shallow grave and covered by just eight inches of soil. When Hale went to witness the disinterment, workers pulled it out in a matter of five minutes, she said. "It never crossed my mind that something questionable was going on," Nsombi Hale said, tears slowly rolling down her face. "But it was clear that the grave wasn't deep enough. They mishandled the remains of my baby, and she deserved more than that." 0' The Alexandria cemetery is one of 12 in Virginia owned by Service Corporation International, a Houston-based funeral services conglomerate that is facing allegations of mishandling as many as 200 bodies over the past year at a central preparation facility in Falls Church. SCI owns more than 1,700 funeral homes and cemeteries across the country, making it the largest company of its kind. State regulators are investigating. A customer, contractors and several current and former employees told The Washington Post in an article this month that conditions at SCI's central facility at National Funeral Home were disrespectful and unsanitary. They said that bodies of retired military officers destined for Arlington National Cemetery were stored on a rack in the garage for weeks or months and that bodies that had not been embalmed were left in unrefrigerated areas of the facility, where they decomposed and leaked fluids. Family members of retired Army Col. Andrew Degraff have since filed lawsuits in Fairfax County against SCI. Hale also filed a lawsuit against the company last week in Fairfax, her attorney saying that she had been traumatized by watching her daughter's grave opened. "Throughout the disinterment and reinterment, the disturbing odor from the cherub permeated the air at the site, sickening [Hale], who forced herself to remain until her daughter had a proper burial," said the lawsuit, filed by attorney Jack Burgess. Virginia law and the Virginia Department of Professional and Occupational Regulation do not specify how deep graves should be, but cemetery officials in Northern Virginia said coffins are generally buried 0 with at least 18 inches of soil above them. SCI Virginia Funeral Services, a division of SCI, said in a statement that it discovered the problem with Jordan's grave and "proactively self-reported the issue to the family and made every effort to resolve it." http://www.washingtonpost.com/wp-dyn/contentlarticle/2009/04/25/AR2009042503 075p... 8/28/2012 Funeral Home Firm Service Corporation International Faces Lawsuits, Complaints Page 2 of 3 "Although Virginia law does not require a minimum depth of interment, once we determined that the interment did not have 18 inches of depth from the top of the casket to the top of ground level, we • alerted Ms. Hale to request her permission to disinter and re-inter Jordan P. Hale," the company said in a statement, also expressing sympathy for Hale's loss. "As part of our commitment to transparency, if we make a mistake, we are committed to doing the right thing." Hale said she now suffers from post-traumatic stress disorder and has nightmares and trouble trusting people. "I needed to be there for Jordan," Hale said, adding that the beautiful ceremony weeks earlier, with balloons and goodbyes, was dignified and special, in contrast to the shovels and backhoe that accompanied the reinterment. "I wanted to stay to make sure it was done properly." In a letter to Burgess on Feb. 14, SCI Market Director Christopher Downey apologized to Hale but said, "Mt. Comfort performed its services as requested," and noted that the cemetery provided Hale with a refund check of$2,488.75. She has not cashed it. Downey, who has management and oversight responsibilities for SCI's 13 locations in the Washington area, wrote that the initial burial was "too shallow" and that a four-inch-thick granite slab was placed over the grave after "an animal had been spotted by the gravesite." Downey also wrote that cemetery employees strongly advised Hale not to view the disinterment but "despite our warning and insistence, she demanded to be present." He offered to donate $500 to charity in Jordan's name as recompense, according to the letter. • Whistleblowers who have brought the allegations about mishandling of bodies at SCI's central preparation facility have said that Downey is at the heart of problems there. Steven Napper, a former Maryland state trooper who worked as an SCI embalmer, said he went to Downey in January to raise concerns about the inappropriate storage of bodies in the garage and unsanitary conditions. Napper said Downey, whose office is at National Funeral Home, brushed him off and appeared to ignore the complaints. Napper later reported his concerns to a Virginia regulatory board and resigned in February. After the Post article appeared, SCI launched an internal investigation. "I went to Chris Downey personally in January to explain that there was not enough storage capacity at central and to discuss my concerns about the handling of the deceased," Napper said. "He knew all about it, but he did not respond." Requests to speak with Downey were referred to an SCI spokeswoman. "All of us want to know the facts behind what happened, and we're diligently conducting an investigation," said Lisa Marshall, the spokeswoman. "If we find wrongdoing, we will promptly take the necessary corrective action required." Family members of two military officers whose bodies were stored on unrefrigerated garage racks said Downey contacted them just before the first Post story ran and said that the allegations were false and were coming from a disgruntled former employee. • Richard Morgan Jr., whose father, Maj. Richard Morgan, was left in his light oak coffin on the racks before his burial at Arlington in February, said Downey backed down when Morgan said he had seen http://www.washingtonpost.com/wp-dyn/content/article/2009/04/25/AR2009042503075p... 8/28/2012 Funeral Home Firm Service Corporation International Faces Lawsuits, Complaints Page 3 of 3 photographs of the conditions in the garage. • "I got a little irate, and I said, 'I've seen the pictures, and you can't dispute the pictures. These aren't just allegations,' " Morgan said. He added that Downey offered him a refund and that he recently received a check for $14,111, though he said he does not plan to cash it as he pursues legal options. Hale, who has a 9-month-old daughter named Zoe, said she is suing SCI because she wants things to change at Mount Comfort Cemetery. Burgess, her attorney, said the company already appears to have acknowledged that the burial did not go as it should have. "It was done out of laziness, it appears, and out of a desire not to dig a deep hole," he said. "I don't think it was done maliciously, but it was done fairly recklessly. Nsombi wants to make sure it doesn't happen to someone else. With big corporations, sometimes the only way to get their attention is to get into their pocketbook." View all comments that have been posted about this article. Sponsored Links QUAN Stock Winner Hot Industry, High-Potential Investment-Buy Shares Now! Buy LifeLock®Protection While you travel, ensure your identity is safeguarded with LifeLock® • Could This Stock Triple? Why investing in water can lead to massive profits Buy a link here © 2009 The Washington Post Company • http://www.washingtonpost.com/wp-dyn/content/article/2009/04/25/AR2009042503075_p... 8/28/2012 TAB 21 Gruesome Photos, Video Show Bodies Discarded in Woods Behind Cemetery I Fox News Page 1 of 3 Fox News Fox Business uReport Fox News Radio Fox News Latino Fox Nation Ft rSearch 1 NEWS .com Fair S Reamed Home Video I Politics I U.S. Opinion I Entertainment SciTech Health I Travel Gruesome Photos, Video Show Bodies Discarded in Woods Behind Cemetery Published December 20, 2001 Associated Press Email Share Comments SHARE THIS ARTICLE NEWSLETTER SIGNUP Sign up for free e-mail news alerts from FoxNews.com and FoxBusiness.com. Subscribe • http://www.foxnews.com/story/0,2933,41298,00.html 8/28/2012 Gruesome Photos, Video Show Bodies Discarded in Woods Behind Cemetery I Fox News Page 3 of 3 The pages show "there are several hundred people who have • purchased graves, premium contracts purchased years ago, that do not have a place to be laid to rest," said co-counsel Neal Hirschfeld. Myra Stone of Lake Worth said her parents bought side-by-side graves in 1982. Her father died in 1994, but another man allegedly was buried next to him in her mother's grave. When her mother died last year, the cemetery's operators dug up the man's vault and threw most of his remains in the woods, according to a former employee. "I understand that some of his remains are still in her grave," Stone said. "I am just horrified." The lawsuit, filed Wednesday, seeks unspecified damages. "We've investigated allegations that we thought too heinous to be accurate, too horrible to be true, over the last several years," Hirschfeld said. • SECTIONS SHOWS TOOLS Home America Live Happening Now Trending Video America News HQ Huckabee uReport Politics America's Newsroom Justice with Judge Jeanine Newsletters&Alerts U.S. Cavuto Red Eye w!Gutfeld Blogs Opinion Fox News Sunday Special Report Mobile Entertainment Fox&Friends First Specials Podcasts Scitech Fox&Friends Studio B Radio Health Fox&Friends Weekend The Cost of Freedom Fox News Store Travel Fox News Watch The Five Apps&Downloads Lifestyle Fox Report The Journal Editorial Report World Geraldo at Large The O'Reilly Factor Sports Greta War Stories Weather Hannity This material may not be publishE Network, LLC.All rights reserved.All market data delayed 20 minute • http://www.f oxnews.com/story/0,2933,41298,00.html 8/28/2012 Page 2 of 6 • Latest News • Local • • Politics • Business • Consumer • Entertainment • Health • CBS4 Investigates • National • World • Blogs Expand+ ► s . WEATHER: East Broward Under A Flood Warning Until 8:30 I Details Here I NE LOCAL Families Sue Cemetery Company Over Corpse Confusion — July 19.2012 8:30 PM • Share this View Comments ? � ; '.+ MIAMI (CBSMiami)—A cemetery mix up has a , �— " , local family filing suit! That's after another woman v,� �'"' was found buried in their mother's pre-paid plot at the - - - - Star of David Memorial Gardens Cemetery in North H Lauderdale. - J "I went to look at my father's gravesite, and I knew • .4..H. r immediately something wasn't right," said Connie si •— • Minsky. CBSa) With a closer look she discovered another woman was u� buried in her mother's plot. Filed Under Local,News Related Tags Broward County Court.Crime, Lawsuit,Myrna Glickman, North Lauderdale,Service http://miami.cbslocal.com/2012/07/19/families-sue-cemetery-company-over-mix-ups/ 8/28/2012 Page 3 of 6 Corporation International,Star of David Memorial Gardens • Cemetery and Funeral Chapel South Florida Crime Crime Coverage Get Answers Will DMV offices be open "When I asked how you mismatch social security numbers he said it was an on Monday oversight, I said a person dies and you are burying them in a pre-paid plot, Is bank of america open CE tomorrow monday 27 and its an oversight? It just didn't make any sense to me." kaLBCgwH V mCeJtjuz And Minsky's cemetery mix gPtUlnwV Sponsored Links up might not be unique to her KwRdMSiH.luw n LifeLock® Official Site SF • family. Her attorney, Debi Protect your Family's Identity.... Chalik with Chalik&Chalik, fel.ock.wm P.A. Law Office, says it's "happening over and over GTSO Hot Investment At Forefront of Potentially again." Massively-Lucrative Movemen... www.GTSOResources.com L_ She has since filed a civil raj QUAN Top Investment lawsuit against Service Explores Exciting Tech Innovation, CoCorporation International,the Could Mean... rP � j www.0uantummnovators.com company that owns the Star of David Cemetery and the adidas®- Official Store %As - Represent with adidas&#... Menorah Gardens Cemetery, — ; adidas.com odidas where some of her other clients allege similar Woman is 57 But Looks 27 misconduct. °.' Whittier Mom publishes sim... . Consumertiifestyles.org t' � "We believe these plots are being sold over and over • again in an effort to turn a profit,"said Chalik. Be The http://miami.cbslocal.com/2012/07/19/families-sue-cemetery-company-over-mix-ups/ 8/28/2012 Page 4 of 6 Chalik& Chalik, P.A. Law Office sent divers into a lake that neighbors the • Star of David cemetery, where they found a large vault which is used to hold coffins. "I don't think these are people with a conscience, so I wouldn't have any faith in anything they do,"said Minsky. In response, Service Corporation International released this statement: We intend to conduct a thorough investigation into this claim. We have strict quality-control standards for interments at all our cemeteries, and we are confident in those procedures. We value our relationships with our client families and invite them to contact us if they have any concerns about the burials of their loved ones. Tickets to the Hottest Shows in Las Vegas at VegasTickets.com. Click Here r 5 Share this View Comments • WE RECOMMEND MORE FROM AROUND THE WEB Desperate Drivers Pay The Price At NMB Gas Billionaires Dump Stocks— 100%Chance of Global Station Recession(Newsmaxworld.com) Isaac's Rain Bands Drench !froward Woman Arrested For Warning Drivers Of Speed Trap With Makeshift Sign(AOL Autos) Tropical Depression 10 Churns In Atlantic What am I paying for in the price of a gallon of Firefighters Want You To Help"Fill The Boot" For gasoline?(EsxonMobit's Perspectives) MDA The 4 Dumbest Rules That Will Kill Your Marathon Evades Damage From T.S.Storm Company's Culture(Fast Company) Dolphins Trade Cornerback Vontae Davis To Colts Dreamliner Haunts ANA:5 Boeing 787 Planes Grounded(CM Traveler) Busting The Myths Of Driving A Manual Transmission(Edmunds) [what's this] http://miami.cbslocal.com/2012/07/19/families-sue-cemetery-company-over-mix-ups/ 8/28/2012 The Raw Story I FEMA, La. outsource Katrina body count to firm implicated in body-du... Page 1 of 3 • the story 11 l l� �.7 1 0 t�1e'll 1 m��, �+� r . t� �Y�t aliR ri ev i FORUMS I ABOUT I CONTACT tips @rawstory.com ADVERTISE FEMA, La. outsource Katrina body count to firm implicated in body- dumping scandals Shore Amore Miriam Raftery Pa-INCLUSIVE The Federal Emergency Management Agency has hired Kenyon International to hL-UIN 3k,'v\:rY\ set up a mobile morgue for handling bodies in Baton Rouge, Louisiana S,,;O.1RV following Hurricane Katrina, RAW STORY has learned. Kenyon is a subsidiary of Service Corporation International (SCI),a scandal-ridden JUST Texas-based company operated by a friend of the Bush family. Recently, SCI ANNOUNCED! subsidiaries have been implicated in illegally discarding and desecrating corpses. NEW ULTRA-LUXURY Louisiana governor Katherine Blanco subsequently inked a contract with the firm SOJOURN INCLUDES: after talks between FEMA and the firm broke down. Kenyon's original deal was CRUISE,COSINESS secured by the Department of Homeland Security. CLASS AIR,HOTEL TOURS AND MORE Adverusere"t FARES FROM • In other words,FEMA and then Blanco outsourced the body count from Hurricane $6.299 Katrina--which many believe the worst natural disaster in U.S. history --to a firm VIEW nETARS whose parent company is known for its"experience"at hiding and dumping bodies. The Menorah Gardens cemetery chain,owned by SCI,desecrated vaults,removed hundreds of bodies from two cemeteries in Florida and dumped the gruesome remains in woods frequented by wild hogs, investigators discovered in 2001. In one case,a backhoe was used to crack open a vault, remove corpses and make room for more _ ... dead bodies. SCI paid$200 million to settle a lawsuit filed by outraged family members of the deceased. OSILVERSEN A secretary at the lawfirm that sued SCI over the Florida cemetery scandals gasped when informed that FEMA had outsourced handling of Katrina victims'bodies to an SCI subsidiary. "Oh, good lord!"she said. Peter Hartmann,general manager of the Menorah Gardens Cemetery chain, was later found dead in his car from carbon monoxide poisoning outside his parents' home in an apparent suicide. RAW STORY calls to FEMA were not returned. Waltrip, chairman of SCI, is a longtime friend of Bush's father, former President George Herbert Walker Bush.The firm's political action committee donated$45,000 to George W. Bush's 1994 gubernatorial campaign. SThe company also contributed more than$200.000 for construction of the George H.W. Bush presidential library. http://www.rawstory.com/news/2005/FEMA_outso urces_Katrina_body_count_to_firm_imp... 9/4/2012 The Raw Story I FEMA, La. outsource Katrina body count to firm implicated in body-du... Page 2 of 3 "It is appalling that the Bush administration 0-which has already badly bungled its • response to hurricane Katrina 0-would hire a company with a record of gross mismanagement of mortuary services," said Melanie Sloan,executive director of Citizens for Responsibility and Ethics,a Washington D.C.-based watchdog group. "I can only imagine that this decision was made because of President Bush's long-time friendship with the head of SCI,Robert Waltrip." SCI also owned fifteen funeral homes named as defendants in a lawsuit filed on behalf of family members alleging"macabre mishandling,abuse and desecration of bodies"by Tri-State Crematory in Georgia.The lawsuit accused SCI-owned funeral homes of sending bodies to the unlicensed, unregulated crematorium,where never- incinerated corpses were found piled outdoors and stuffed in sheds in 2000. Some vaults designed to hold one body each had 67 sets of human remains stuffed inside, investigators discovered. SCI was among the companies ordered to pay settlement fees to family members, a legal source has confirmed to RAW STORY. Kenyon bills itself as the world's leading disaster management company. It provided morgue support services following the 9/11 plane crash in Pennsylvania and the Asian tsunami. As North America's largest funeral and cemetery company, SCI operates 1,500 mortuaries and cemeteries nationwide. The company's website claims the firm is dedicated to"compassionately supporting families at difficult times, celebrating the significance of lives that have been lived, and preserving memories that transcend generations,with dignity and honor." SCI was also involved in an earlier scandal in Texas. Eliza May, former Texas • Funeral Service Commission Director, filed a lawsuit accusing George W. Bush,then Governor, of obstructing an investigation into SCI license violations. May was fired following a dispute with Waltrip. Waltrip and an SCI lobbyist met with Governor Bush's chief of staff,Joe Allbaugh (Allbaugh was later appointed head of FEMA after Bush became President,but left to become a lobbyist representing Halliburton, among other corporate clients). According to Newsweek,Bush stopped by and said to Waltrip, "Hey, Bobby,are those people still messing with you?" May,a Democrat, sought to force Bush to testify in the case, but in August 1999,a Texas judge tossed out a subpoena issued by May's lawyers for Bush to give a deposition. Bush,who was not a defendant,called May's claims "frivolous"and denied knowing the circumstances of her ouster. In 1999,when Bush was gearing up to run for the presidency,Texas Governor Rick Perry approved a settlement for May. SCI paid$55,000;the state of Texas shelled out the balance without admitting wrongdoing in May's termination. Jennifer Crider,spokeswoman for House Minority Leader Nancy Pelosi (D-Calif.), expressed concern over FEMA's choice of an SCI subsidiary and questioned whether the selection was made through a no-bid process. "The tragedy in the Gulf States must not be compounded by disrespecting those who have died,"Crider told RAW STORY. "It's critical that government contracts be subjected to scrutiny to ensure that there has been no fraud or abuse of taxpayer money or interest." • Democrats have called for formation of an anti-fraud commission to investigate no- bid contracts awarded in relation to Hurricane Katrina,she added. http://www.rawstory.com/news/2005/F EMA_outsources_Katrina_body_count_to_firm_imp... 9/4/2012 The Raw Story I FEMA, La. outsource Katrina body count to firm implicated in body-du... Page 3 of 3 Why FEMA chose to outsource mortuary services to a paid contractor is also mystery to Dan Buckner,co-owner of the Gowen-Smith Chapel in the Gulf area. Buckner had planned to serve with the Disaster Mortuary Operational Responses Team,which reportedly told Buckner's partner,Gary Hicks of Paducah, KY,to expect up to 40,000 deaths from Katrina in Louisiana and Mississippi. Upon learning of KenyonOs contract, Buckner expressed puzzlement. He told the Shelbyville Times-Gazette, "Volunteers would have gone at no charge." Clarification:After FEMA began working with Kenyon, they were subsequently contracted by Louisiana Governor Blanco. It was Louisiana that signed a formal contract. I 4. b I • \ • ' � f a EPA vs. KOCH BROTHERS. TELL THE EPA TO IGNORE THE KOCH BROTHERS AND TAKE A BOLD STEP AGAINST CORPORATE POLLUTION SIERRA. afel?1;1: !jJTi97i��% CLUB Comments(58) • Print This Originally published on Tuesday September 13, 2005. Copyright O 2004-05 Raw Story Media.Inc.All rights reserved.I$ite mao I Privacy policy I http://www.rawstory.com/news/2005/FEMA_outsources_Katrina_body_count_to_firm_imp... 9/4/2012 10/9/12 Burial blunders common in poorly regulated cemetery industry,advocates say I Fox News FOXPrint '! Close el Nt., Burial blunders common in poorly regulated cemetery industry, advocates say Byioshue Rhett Mlles Published March 05,20121 Fo#Jews.com After Carolyn Jacobi visited her father's grave in 1995,she walked away angry and disgusted—and determined to dedicate the rest of her fife to bringing dignity to the dead. The conditions at Mount Auburn Cemetery in Baltimore,where her father,James Williams,lay buried alongside other distinguished African-Americans and prominent Marylanders,were so deplorable that Jacobi couldn't even locate his headstone. But nothing prepared her for what she discovered that November day:A human skull believed to be her father's was sticking up out of the ground,loosened by Jacobi's stomps of frustration. "I went berserk,as it could be a>pected,she told FoxNews.com."I lost it.That was the catalyst for my movement." Jacobi,74,founded Eternal Justice,a watchdog of the death care industry,in the hope that she could bring accountability to a poorly regulated industry and peace of mind to those who bury loved ones. SUDESHOW:Cemetery desecration near Chicago Seventeen years later,she said,Mount Auburn—which was added to the National Register of tistoric Places in 2001 —has come a long way,but the cemetery industry as a whole has a long way to go.Across the nation,cemeteries have been sanctioned and allsued for dumping the dead in mass graves,misidentifying remains and charging the bereaved big bucks for services never delivered. The most shocking case in recent years was in Chicago,where operators of the Burr Oak Cemetery were charged in 2009 with digging up bodies and dumping them In mass graves so they could resell their plots. Recently,Ohio Attorney General Mike DeWine filed a lawsuit in January accusing The Serenity Group,which operates Floral Hills Cemeteries in Chillecothe and Circleville,of taking advance payment for grave markers that were never produced. "Dealing with the death of a loved one is difficult,and consumers shouldn't have to worry that their cemetery won't live up to its promises,"DeWine said at the time. And in Linden,N.J.,the Rosehill Cemetery was sued for$25 million in July by two New York sisters who discovered the gravesite they had been visiting for more than two decades was not their mothers plot. 'Its a sin,"Mark Crawford,the sisters'attorney,told Foklews.com.'They still don't know exactly what's going on." Advocates like Jacobi and Joshua Slocum,executive director of the Funeral Consumers Alliance,say horror stories such as those are all too common.They point to a lack of federal oversight,a"patchwork quilt"of regulation among states and no standardized record-keeping as key hurdles to reforming the industry. 'A lack of due diligence is the cause of the bulk of these problems,as well as a lack of oversight,"Jacobi told FoxNews.com."And where there is oversight,it's very superficial.Greed steps into the picture and they are interested in increasing their bottom line.It sounds cold,but it's true.' ,Americans spent more than$15.2 billion on funeral and cemetery expenses in 2007,including$3.3 billion on cemeteries and crematories,according to the U.S.Census Bureau's Economic Census.With 2.4 million Americans dying each year,that equates to big business. f oxnews.com/us/2012/03/051.../print 1/3 10/9/12 Burial blunders common in poorly regulated cemetery industry,advocates say I Fox News Slocum,who has testified before Congress on the issue,most recently in 2009,said a typical burial—not including funeral home costs or a headstone—can cost anywhere between$2,000 to$4,000.Factor in the cost of headstones,which can be as lavish as a buyer wants,and the price tag can soar,he said. It really shouldn't be that difficult for our elected officials to take this seriously,"Slocum said of the need for widespread reform. "Grieving people are a bigger constituency than they know.Failing to deal with it will only continue to ensure that this problem gets worse and worse and worse." During the 1980s and 1990s,dozens of cemeteries nationwide that had been owned and operated by local companies were bought by large conglomerates like Service Corporation International and Stewart Enterprises,Slocum said.A lack of accountability and effective oversight since then has left the industry poorly regulated,he said,adding that about half the states in the U.S.have no comprehensive regulation. 'It's amaang to me that there's no movement on this,"he said.'This is a subject people do not want to talk about,period.This flies under the radar until a scandal erupts.' Jacobi and Slocum are calling for action on H.R.900,also known as the Bereaved Consumer's Bill of Rights Act of 2011.The bill, sponsored by Rep.Bobby Rush,0.11.,would direct the Federal Trade Commission to require all cemetery,crematorium and mausoleum owners to provide clear disclosures about the products and services they sell,including items such as pre-need contracts,memorials,burial rights,grave liners and vaults. "Most certainly,there are still major regulatory gaps,"a spokesperson from Rush's office wrote FoxNews.com in an email.While funeral homes have been regulated by the Federal Trade Commission for decades,the burial business is'regulated asymmetrically,'according to Rush's office. Robert Fells,executive director and general counsel of the International Cemetery,Cremation and Funeral Association,said cemeteries and funeral homes are best regulated at the state level.Citing the recent scandal at Dover Air Force Base,where fitservice members'cremated remains were dumped in a landfill,Fells questioned the federal government's track record in the interment business. 'On what basis would the federal government come in and regulate this industry?"Fells asked."We looked at this[bill]and its open-ended language and said we can't support this thing.' Fells said funeral homes are regulated by the FTC's Funeral Rule because the federal agency found substantial evidence of widespread abuse in that industry.But no similar finding has been made with regard to cemeteries,crematories,monument dealers or related businesses,he said. "It really is a solution looking for a problem,"Fells continued."They use a sledgehammer where a fly swatter will do the job.' ICCFA,founded in 1887,is the only international trade association representing all segments of the death care industry. Its members include 7,500 cemeteries,funeral homes,crematories,memorial designers and related businesses worldwide. A recent U.S.Government Accountability Office survey found positive signs,yet widespread inconsistency,in the federal and state oversight of the death care industry. FTC officials continue to conduct undercover shopping at various funeral homes to test compliance with federal laws,and of the more than 2,400 funeral homes surveyed since 1996,an overall compliance rate of 85 percent was found. Some 88 percent of state regulators reported their states had specific rules or regulations for cemeteries,up from 77 percent In 2003,the last year GAO issued a report on the matter. Jacobi,however,isn't entirely sold on those figures,saying many of the state regulatory bodies are chock full of lifelong cemetery *workers,creating a"fox in the hen house'atmosphere. 'Where there is oversight,its very superficial,"she said.'And the biggest culprit?Greed,greed,greed.' foxnews.com/us/2012/03/05/.../print 213 • The Rev.Jesse Jackson lambasted the four alleged "graveyard robbers"charged with digging up graves and dismembering bodies buried at a suburban Chicago cemetery in a moneymaking scheme. The four cemetery workers are accused of taking cash payments from unsuspecting clients for plots of land,falsifying deeds, excavating existing graves and dumping the bones and remains in the back of the cemetery, authorities said at a news conference. They would then allegedly bury the new corpses in the already-used graves at Burr Oak Cemetery in Alsip, Ill. Police called conditions at the historic cemetery"startling and revolting." 'The human degradation is immeasurable,"Jackson told reporters. 'There should be no bail for these graveyard thieves.They deserve a special place in hell." Cook County Sheriff Tom Dart said workers at Burr Oak allegedly tampered with about 300 graves, digging them up, dumping the bodies and reselling the plots to unsuspecting members of the public. The three men and one woman were charged Thursday with one count each of dismembering a human body. Dart said the woman was the cemetery's office manager and was at the center of the operation. 'This was not done in a delicate way,"he told reporters. 'They would excavate the grave and the entire site and then dump the remains wherever they found a place to do it in the back of the cemetery." He says in other cases the graves were"pounded down"and another person was buried on top. Burr Oak is the final resting place of many famous African-Americans, including lynching victim Emmett Till, blues singers Willie Dixon, Dinah Washington and Otis Spann, as well as Harlem Globetrotter Inman Jackson. Hundreds of confused and angry family members are looking for answers after the arrests. Authorities in the southern Chicago suburb of Alsip were directing crowds at Burr Oak Cemetery Thursday and taking reports from families. Among the family members is 54-year-old Ralph Gunn,whose father and nephew were buried at Burr Oak but whose bodies are missing. Gunn says their headstones are gone. And he says he can't fathom why anyone would want to dig up bodies. Authorities say most of the problems are from a secluded area of the cemetery that contains older plots. Read more: http://www.foxnews.com/story/0,2933,531052,00.html#ixzz28g2T0lvu S Sei /ice Corporation International Announces Settlement of Florida Litigation Page 1 of 2 EI company snapshot /2\-in int svnail '==.:Link MSS lecimorati C7 Slog Search a shin a it_ A bluya_ Service Corporation International Announces Settlement of Florida Litigation HOUSTON, Texas, Dec. 2 /PRNewswire-FirstCall/ -- Service Corporation International (NYSE: SRV) , the world's largest funeral and cemetery company, today announced it has entered into an agreement in principle to settle the class action lawsuit and all individual related lawsuits pending against the Company involving Florida's Menorah Gardens and Funeral Chapels (Florida litigation) , with the exception of one lawsuit pending in Palm Beach County, Florida styled: Sol Guralnick, et. al. vs. SCI Funeral Services of Florida, Inc. , et. al. All claims under the Florida litigation would be dismissed following final court approval of the settlement. Commenting on the Company's Florida litigation settlement, SCI Chairman and Chief Executive Officer, R. L. Waltrip, said: "We are pleased to have this matter resolved so that we can devote more of our attention and resources to serving our client families and focusing on achieving our strategic objectives. " The terms of the proposed settlement call for the Company to make payments totaling approximately $100 million in settlement of these claims. The Company has substantial face amount of insurance coverage related to such claims, although there are various unresolved insurance coverage disputes. As of September 30, 2003, the Company had recognized reserves of approximately $23 million relating to the Florida litigation. As a result of this settlement, the Company expects to recognize additional litigation related expenses of approximately $77 million on a pretax basis in the fourth quarter of 2003. Due to the unresolved insurance coverage disputes, the Company will not recognize an estimated receivable for insurance recoveries at this present time. Cautionary Statement on Forward-Looking Statements The statements in this press release that are not historical facts are forward-looking statements made in reliance on the "safe harbor" protections provided under the Private Securities Litigation Reform Act of 1995. These statements may be accompanied by words such as "believe, " "estimate, " "project, " "expect, " "anticipate" or "predict, " that convey the uncertainty of future events or outcomes. These statements are based on assumptions that the Company believes are reasonable; however, many important factors could cause the Company's actual results in the future to differ materially from the forward-looking statements made herein and in any other documents or oral presentations made by, or on behalf of, the Company. Important factors which could cause actual results of the Company to differ materially from those in forward-looking statements include, among others, the Company's ability to consummate the settlement as described in the agreement in principle, the Company's ability to recover amounts under insurance policies and the outcomes of pending lawsuits against the Company involving alleged violations of securities laws as described in the Company's previous filings with the Securities and Exchange Commission. For further information on these and other risks and uncertainties, see the Company's Securities and Exchange Commission filings, including the Company's 2002 Annual Report on Form 10-K. The Company assumes no obligation to publicly update or revise any forward-looking statements made herein or any other forward-looking statements made by the Company, whether as a result of new information, future events or otherwise. As of September 30, 2003, the Company and its affiliates operated 2,236 funeral service locations, 429 cemeteries and 190 crematoria in 8 countries. For more information about Service Corporation International, please visit our http://www2.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/12-02-... 8/28/2012 Service Corporation International Announces Settlement of Florida Litigation Page 2 of 2 website at http://www.sci-corp.com. For additional information contact: Investors: Debbie E. Young - Director of Investor Relations (713) 525-9088 Media: Terry Hemeyer - Managing Director / Corporate Communications (713) 525-5497 SOURCE Service Corporation International back to top Related links: • http://www.scicorp.com CONTACT: Investors - Debbie E. Young, Director of Investor Relations, +1-713-525-9088, or Media-Terry Hemeyer, Managing Director\Corporate Communications, +1-713-525-5497, both of Service Corporation International ®Technoratl Blogs Discussing This News Release Issuers of news releases and not PR Newswire are solely responsible for the accuracy of the content �Y Terms and conditions,including restrictions on redistribution,apply. Copydght®1996-2012 PR Newswire Association LLC.All Rights Reserved. • A United Business Media company. • http://www2.prnewswire.com/cgi-bin/stori es.pl?ACCT=104&STO RY=/www/story/12-02-... 8/28/2012 Page 1 of 3 Dining Deals Autos for Sale III HOME NEWS WEATHER TRAFFIC VIDEO ENTERTAINMENT LIFESTYLE 1 SPOF BREAKING NEWS Man injured in explosion ALERT Openin Personal Training Course Enroll Now At The Only School In California Recognized B $399 Cabo All Inclusive 6 Days/5 Nights in an Ultra Luxury Cabo Beach Resort for just Living Trust Attorney Living Trust Wills, Power of Attorney www oaulbrisson corn New lawsuit, more desecration allegations against cemetery giant Service Corporation International Video I Photo ° A A A A ti � 'I l O ,l ° ia,. 4. K? � w.. Posted:04/06/2012 '« +- " n1,- ,«. By:Jane Musgrave, Palm Beach Post Staff Writer rt 'Sit' .. " 'i 1 ,.p ,, t, WEST PALM BEACH, Fla. — Roughly a decade .. • ;, l',17545•4•11;R,, ; ±+�` since cemetery giant Service Corporation TVs'±1 `f• . ,ty4i.i * <` ' ,. ,4i$ ' ,,t,� International paid out roughly $120 million after §; ,, w e "•-' '"*.- n •� 1t' .1;41 being accused of misplacing bodies, smashing• V • M.-“ti • ' tEt+`Mt = „ # ->. ”, "fs vaults and overselling plots at its graveyards near r, - 1 4' *et,. u t4, {;, , ;, Palm Beach Gardens and Fort Lauderdale, it is P-Jr'r ., , *,� 4„ y jp t ,_�. facing similar allegations. +` . t ". l u \�4ri u . In a lawsuit filed Thursday in Palm Beach County tit 1 Circuit Court, lawyers who in the past have taken on Photographer WPTV the nation's largest funeral service firm claim that Copyright 2012 Scripps Media, Inc.All rights reserved.This operations at the Star of David cemetery in North material may not be published,broadcast,rewritten,or Lauderdale are as gruesome as those that got the redistributed. g g company in trouble with state regulators and spawned civil suits. Calling the practices "morally despicable, fraudulent, Related Links unlawful and unfair," attorneys Edward Ricci and Michael Avenatti said they are seeking more than • •Cemetery settlement disappoints some .Municipal cemeteries could fill up fast $200 million on behalf of the thousands who buried loved ones or prepaid for plots at the sprawling •Lake Worth cemetery unkempt, some say Jewish cemetery near Florida's Turnpike and •Grave concerns on the Treasure Coast Commercial Boulevard . http://www.wptv.com/dpp/news/region_c palm_beach_county/west palm_beach/new-law... 8/28/2012 Page 2 of 3 Two burglaries at cemetery in one week Information they have gathered shows that vaults • .b- were crushed and corpses moved without permission from family members. In some cases, vaults, grave markers and Ttepossibly human remains were thrown in a lake on the property, said Ricci, america who was among the lawyers who successfully sued the company 10 years ago for the repulsive handling of graves at its two Menorah Gardens cemeteries. FABULOUS This time, it appears it's more of the same, he said. "We have some pretty FLIGHTS solid evidence that graves were desecrated, moved and destroyed without permission," he said, referring to photos and videos the attorneys have SHOULDN'T received. "It's pretty gruesome." COST A Officials at the Houston-based company said they don't comment on pending FORTUNE. litigation. FROM ONLY $227 Avenatti is also suing the publicly traded company in California, alleging similar activities at a cemetery it operates in Los Angeles. A California judge RESIYICTONS ARGIY. recently sanctioned the company for destroying evidence, such as throwing LOS ANGELES out broken vaults, in violation of a court order. A jury trial is set for Oct. 1. 4-CANCUN In the Menorah Gardens cases, a $100 million settlement was reached in GRAB A SEAT TOCUN 2003. Of that, $26 million went to lawyers and $34 million was split among whistle-blowers and families who were most grievously harmed, such as those who learned that the bones of loved ones had been thrown in the woods to make room for new graves. About $40 million was to be split among the • roughly 350 other families who were determined to have legitimate claims. The company reached a $14 million settlement with the Florida Attorney General's Office. SCI also announced it would spend $17 million restoring the two cemeteries. Initially, the statewide prosecutor filed criminal charges against the company. The charges were dropped when prosecutors acknowledged they couldn't throw a corporation in jail. They settled for putting a former vice president of its Florida operations in jail for a month. Jeffrey Frucht pleaded guilty to a misdemeanor for failing to contact authorities when he learned of the illegal • • activity. advertisement Prosecutors also forced the company to pay out more than $4 million to expand the state's ability to regulate the cemetery industry. It also agreed to offer free burials for the poor in Palm Beach and Broward counties for a year. Ay: w.p COf7l -n in contact with state regulators in connection with the problems theses ha e said the company's track record is stunning. "I know of four different cemeteries in for ffe_r tt lla^ces with the sa e d.of grobl ms," he said. "You know what tPe'sTi y: once is chance; tvtIK 'cdif nce; three Curl es a relideiihn't know whaterel times is." Local News Autos for Sale Community Calendar Facebook Consumer da�t� Celebrity Mobile Copyright 2012 r iii,l ti §reserve ay not be published,br §(,h tttsprarr ttributed. Twitter Seen On 5 Science Technology Lottery Results Horoscopes YouRepo Sports Movies Traffic Making A Difference•- PRINT TV Listings • Weather WestPalmBeachLaw.TV To the Point Contests Hablando Show iCiOm I f>(S_Mtsw Obitumiea http://www.wptv.com/dpp/news/region_c_palm_beach_county/west_palm_beach/new-law... 8/28/2012 service corporation international scandal « Your Funeral Guy Page 1 of 16 Funeral News with the Consumer in Mind by R.Brian Burkhardt IDSearch Search... Search Your Funeral Guy • Home • About • FunerallBook • JIn the Medial • Your Funeral GuvlFox News • Dead Facebook Society • 2010 Your Funeral Guy in NYT • Contact • YourFuneralGuvIMSN Money Central • Your Funeral Guy in DOW JONES NEWSWIRES • RSS Archive I service corporation international scandal RSS feed for this section • Inside SCI #31I3oustonlLayoff and Acquire-YourFuneralGuy 23 Oct S 'rij -- a - Ark � Ss + T Y Servive Corporation International has been trying to New Funeral properties in spite of layoffs. The World's Largest Funeral Corporation is trying to acquire new funeral assets. It has announced the acquisition of Keystone the 5th largest funeral provider in North America. At the same time the company has been cutting expenses on a large scale. IIIOne and One does not add up to three. evidence of the lay off can be found here; http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 2 of 16 "Yvette from big death sent me an email the other day saying, "They fired me today." I • was shocked. Big Death accused her of falsifying her hours on her time card, because she worked through too many lunches without prior authorization. With the downsizing last spring, everyone's work load was more than anyone could do in 40 hours a week. I sat around the corner from Yvette and from what I can recall, she rarely left for lunch. Never mind that a manager signed off on the hours, instead of telling her to resubmit her time because she was not authorized to work the overtime. They are looking for reasons to fire people so they don't have to pay for our unemployment claims.' via neanahe.livejournal.com There has also been extensive losses. Houston SCI has reported Last quarter Net Income was down 26%. Service Corporation International, NYSE:SCI, has a long history of solving there financial problems by acquiring new properties. unreported layoffs are consistent with the latest SCI policy of creating cash flow by lowering expenses. Service Corporation International, SCI, has also had a string of scandals in 2009. Funeral Industry' Funeral Blog by Your Funeral Guy. • Comments Leave a Comment • Categories SCI Funeral Home, sci scandal, Serrvice Corporation International Funeral Home, service corporation international scandal, Uncategorized • Funeral Industry has Gone Insane-YourFuneralGuy 17 Oct fortunately, no matter how o bad the economy gets, a we can always make money swindling old people. / ;11 i r i r ,ii ,,,e pet\ ric..—--7-721 4 The Funeral Industry has gone insane with Greed. • The Funeral Industry has gone insane with greed http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 3 of 16 . Next week the National Funeral Directors Association NFDA will probably elect a Treasurer • (Randall L Earl) who is a possible felon in the Illinois Funeral Directors Association Preneed Scandal. In order to put money in their coffin(coffers), they are adding allied members. Service Corporation International NYSE: SCI has had Scandals of Greed all Year. This week they announced "the Keystone purchase"where the # 1 Funeral and Cemetery Provider takes over the #5 From Kathy Jackson. It seems that the industry has lost its mind to greed. Nothing good came from SCI taking over Alderwood and nothing good will come from this takeover. The biggest losers will be the public , second biggest losers will be the directors who will become SCI. The only winners are the board members who will vote yes based on money rather than SCI ability to provide a high standard of service to the new homes. How sad for everyone in the industry. Clearly no one has learned anything from the previous takeovers or the number of law suits against SCI. via www.connectingdirectors.com There is also the Cemetery Greed in the Bun Oak Cemetery Scandal (Perpetua) and Eden Memorial Park Cemetery Scandal(Service Corporation International) Funeral IndustrylFuneral Blog by Your Funeral Guffuneral Director, Illinois Virginia • • Comments Leave a Comment • Categories Bun Oak Cemetery Lawsuits, funeral industry blog, funeral scandal, NFDA Executive Secretary, SCI Funeral Home, sci scandal, service corporation international eden memorial park scandal, service corporation international cemetery scandal, service corporation international scandal A look Inside SCI Houston #1-YourFuneralGuv 15 Oct Cc AI\C Comment on the World's Largest Funeral's Corporation Employee Culture • Here is a recent comment from a post on this blog. Interesting enough it gives a practical list of things the consumer can do to avoid the deceptions coming from Service Corporation International. Please note the commentator is calling the Corporate Culture at SCI Evil-not your funeral guy. http://yo urfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 4 of 16 Currently I have no direct knowledge of what goes on at SCI CORPORATE Headquarters In • Houston. To be fair the person commenting here lost their job. Funeral IndustrylFuneral Blog by Your Funeral Guy. New comment on your post #1741 "Five Grave Scandals in 2009ISCI-yourfuneralguy" Comment: I recently lost my job with the corporate office of SCI in Houston, and I will testify that the corporate culture there is evil. If you are going to warn people to avoid SCI funeral homes, they need to know that these funeral homes have different names like "Smith and Sons Mortuary" because SCI buys up mom and pop businesses but leaves them with the orginal name. People looking to avoid SCI locations should avoid their brand names: Dignity Memorial (as in "Smith and Sons Mortuary, a Dignity Memorial provider"), Advantage (for the low-cost side of the funeral business) and Del Angel (which is exists in markets with large Hispanic populations, to get the corner on them). If you aren't sure which locations in your area are owned by SCI, go to DignityMemorial.com and enter your zip code. They will conveniently provide you with a list of funeral homes to avoid. • Comments 3 Comments • Categories SCI Funeral Home, sci scandal, Serrvice Corporation International Funeral Home, service corporation international cemetery scandal, service corporation international scandal • SCI(Big Death) to Buy Canadian Funeral Company 15 Oct The World's Largest Funeral Corporation Service Corporation International-is trying to expand it's power base in North America. This time it is Canada. NYSE:SCI has been plagued with Financial problems(Ouarterly Reports), scandal,( _• \% 1 • Eden Memorial Park)and incompetence (Ted Kennedy Funeral) in 2009. SCI has proposed to buy Keystone North America for 208 Million dollars. The Toronto-based company, which operates 199 funeral homes and 15 cemeteries across the United States and Ontario, said Thursday the $8 per share offer represents a 34 per • cent premium over its 20-day volume-weighted average share price. via www.goople.com http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 5 of 16 Funeral IndustrylFuneral Blog by Your Funeral Guy Dignity Logo Pic on flickr under the creative commons license Jeremy Brooks' photostream • Comments Leave a Comment • Categories scandal, SCI Funeral Home, Serrvice Corporation International Funeral Home, service corporation international eden memorial park scandal, service corporation international cemetery scandal, service corporation international scandal, Uncategorized Yet Another "SCI" World's Largest Funeral Corporation ScandallYour Funeral Guy 6 Oct Many of the Worlds Largest Funeral Corporations Scandals unreported by the press. Others are reported in the press and then forgotten. When Service Corporation Scandals make it into the National Press, the story get's national attention. Often there is no follow up in the media. Bloggers follow up only upon occasion on NYSE(SCI) stories. This time it is another case of corpse abuse. Service Corporation Dignity Logo Yet another Service Corporation International (SCI) scandal has been reported. Details are still sketchy. While the pictures were allegedly taken several years before James Patton started working at Earthman Funeral Home, this latest incident of alleged corpse abuse may have happened as recently as September 2008. Today a spokesperson with Houston-based SCI, the company that owns Earthman, says when authorities first alerted them of the disturbing allegations, Patton was immediately removed from his position and the company. via abclocal.go.com • Funeral IndustrylFuneral Blog by Your Funeral Guy Dignity Logo Pic on flickr under the creative commons licenset http://yourfuneralguy.wordpress.com/catcgory/scrvicc-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 6 of 16 Jeremy Brooks' photostream S • Comments Leave a Comment • Categories SCI Funeral Home, sci scandal, Serrvice Corporation International Funeral Home, service corporation international scandal Firm in New SCI suit won $38.1 Mil in Florida Case-Your Funeral Guy. 14 Se. • agiG -''_EDEN MEMORIAL Y'-':... M.' sue__ __ •. •CNN• • • Up to 500 Graves desecrated here The law Firm in the NEW California Service Corporation International Lawsuit won a Florida Case against SCI in 2oo8. The case that they won occurred in Florida at the Menorah Gardens Cemetery. The Jury trial ended in 2008. The grave desecrations in the latest lawsuit occurred at Eden Memorial Park in Los Angeles. A COPY OF THE LATEST SCI LAWSUIT IN CALIFORNIA CAN BE VIEWED HERE The lawsuit at Eden Memorial Park at Mission Hills in California is the latest in a string of Lawsuits against Service Corporation international in 2009. Up to Soo Grave sites were desecrated in the New SCI Scandal. Snippet from www.edenclaims.com "Less than one-year ago Eagan O'Malley & Avenatti,LLP obtained a $31.8 jury verdict, reported to be one of the largest in the country in 2008. Plaintiff is also represented by Edward M. Ricci, Esq. of Edward M. Ricci, P.A in Palm Beach County, Florida. Mr. Ricci previously successfully represented numerous individuals in connection with the Menorah Gardens cemetery scandal in Florida, where similar allegations were made against Service Corporation International." • The grave robbing at Burr Oak cemetery in Chicago along With this latest Service Corporation International Scandal is a wake up call for Cemetery Reform Legislation! Up to 500 graves desecrated at Eden Memorial Park,Mission Hills California. http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 7 of 16 Up to 300 graves desecrated at Burr Oak Cemetery Alsip, IL • Funeral Industry' Funeral Blog by Your Funeral Guy. Photo from -CNN.COM • Comments Leave a Comment • Categories Burr Oak Cemetery Alsip, Burr Oak Cemetery Scandal, Burr Oak Cemetery Victims, cemetery reform legislation, cemetery scandal, eden memorial park class action lawsuit, eden memorial park lawsuit, eden Memorial Park Scandal, menorah gardens cemetery lawsuit, menorah gardens cemetery Scandal, SCI Funeral Home, sci scandal, service corporation international eden memorial park scandal, service corporation international cemetery scandal, service corporation international scandal Senator Kennedy Funeral !Apology needed IYourFuneralGuy 31 Aug • http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 8 of 16 , ,Of <, p . , \ ` r s. =C 0,=•- / . I ;� + Co' ¢, llw fi ` 1 P\ re" r / y ist 4 lI * , •- . . s t f r�: I Our Lady of Perpetual Care Bascilla Place of Ted Kennedy Funeral The Senator Edward "Ted" Kennedy Funeral was mishandled by the Funeral Directors involved. The Funeral Directors are SCI, Service Corporation International also known as NYSE:SCI. The first few days of the Funeral seemed to come off without a glitch, the public viewing and the Irish Wake, gave all Americans a glimpse of an excellent celebration of life. Saturday,however turned out to be a different story. At Our Lady of Perpetual Help Basilica the • Kennedy Casket was brought into the Church perfectly by the US Military. The flag was removed perfectly by the US Military. http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 9 of 16 Maybe only a Funeral Director would notice, but the Pal was not placed on the Senators Casket correctly. This caused the casket to go down the aisle to the front of the church with the Pal incorrectly on the casket. During the Funeral Service, a member of the Kennedy Family noticed that the Pal was not straight, got out of their seat and straightened the Pal. The Pal not being placed on the Casket Correctly shows disrespect for Senator Kennedy, The family, the religion of the deceased, the Catholic Church, and the congregation in the room(powerful folks eh?) Service Corporation International should apologize for the error, to those mentioned above the citizens of the United States and the world. Maybe Service Corporation International Should Give the Kennedy's a refund for the way the Funeral was handled. Funeral industrylFuneral Blog by Your Funeral Guy. Towering Mission Church Picture Uploaded (Flickr Creative commons license) on June 11, 2009 by EdKopp4 • Comments Leave a Comment • Categories edward kennedy celebration of life, Edward Kennedy Funeral, Edward kennedy funeral arrangements, edward kennedy funeral mass, edward kennedy irish wake, funeral arrangement, nyse:sci, SCI Funeral Home, sci scandal, SenatorKennedy Funeral arrangements, Serrvice Corporation International Funeral Home, service corporation international scandal, • Ted Kennedy, Ted Kennedy Funeral, Ted Kennedy Funeral Arrangements, Ted Kennedy Funeral Mass, your funeral guy Largest Funeral Corp Partners w/another Insurance - YourfuneralGuy 18 Aug • 6 1e The worlds largest funeral corporation Service Corporation International(SCI) has partnered with yet another insurance company. SCI's numbers have been in almost a free fall for Fiscal 2009 and they have joined another Insurance Company at the hip to stop the decline. Insurance Companies have been hurting • dramatically due to the recession and so have the Funeral Corporations. The latest Company SCI has partnered with is United Home Life Insurance. Previously the have partnered with SLAICO and MATRIX DIRECT. http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 10 of 16 From PR Newswire: i "United Home Life Insurance Company and Service Corporation International (NYSE: SCI) announce the creation of a partnership to enhance the products currently offered by United Home Life for agents. Through the partnership, independent agents can utilize the Dignity Planning(TM) tool to increase their profitability by offering clients the ability to turn their policy into a complete end-of-life plan. Dignity Planning is unlike any other end-of-life planning tool in that it was designed for financial service professionals and provides agents with real-time needs analysis and pricing, as well as inflation and aged-based life expectancy costs of specific elements rather than generic national averages. Be sure to keep control of your own life insurance policy and do not turn it over to Dignity Planning Funeral IndustrylFuneral Blog by Your Funeral Guy Dignity Logo Pic on flickr under the creative commons license at Jeremy Brooks' photostream • Comments Leave a Comment • Categories Dignity Memorial Preneed, Dignity Memorial Preplanning, preneed, preneed insurance, prepaid funeral, prepay, Serrvice Corporation International Funeral Home, service corporation international scandal, Uncategorized, your funeral guy • Burr Oak Cemrtery Scandal: Proposed legislation Comment - yourfuneralguy 28 Jul 1. � v tT a? t W if41 I" w '11..4'.riltau r" i`irk t, `*Y'F . ' it i ll, # €€ °1 :66' , Ilk :'Jrf1h ; x5 l 1 I 1 1x11 i, 1 4 II Sill • ; ,a:i http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 11 of 16 Subcommittee returns to DC • to write Federal Cemetery Legislation A United States House of Representatives Subcommittee is about to propose Federal Cemetery legislation. This is in reaction to the Burr Oak Cemetery scandal. The comments here by MarsellusM710 are his opinions and not those of Your Funeral Guy. "Dear Funeral Guy and Funeral Service Colleagues, When will it all stop??? The idiotic actions and the lack of integrity of those involved with the infamous catastrophes in funeral service is simply unforgivable. Tri-State Crematory,NPS, IFDA, the organ/tissue ordeal, SCI's Cemetery problems, and God only knows how many others and now Burr Oak. What were they thinking??? And every time there is a reported wrongdoing issue in funeral service or cemetery care the consumer advocacy groups rear their ugly heads and scream for new or more regulation, When in fact there is more than likely regs on the books that already cover the violations and wrongdoings but are not enforced. Regulators need to get off their duffs and out of the office buildings and be more visible in the field. In one instance, a field auditor for the Illinois Office of the Comptroller, was doing his or her job, but the boss (Hynes) wasn't listening or didn't want to listen, and you see what that got IFDA Trust into. When regulators, local, state or federal, don't or won't do their jobs and lets take it on • down to the managerial level, you can almost bet fraud, deceit and greed will raise their ugly heads. lt} Oak' ; CE .4 :rt .tea he deeds done at Burr Oak Cemetery has the gruesome makings for an ungodly horror movie. The Black Community, an entity of people who truly value the traditional funeral, done a dirty deed by a group within the "community" itself. Crime truly knows no color or economic background. Those involved with this will not survive prison. The Black Community will not stand for this to go "unpunished", even behind prison walls. Respectfully submitted, MarsellusM710" Funeral IndustrylFuneral Blog by Your Funeral Guy • "From the Chicago Tribune" http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 12 of 16 Stirred by the emotional testimony of the living victims of the Burr Oak Cemetery • scandal, congressional leaders left Chicago on Monday intending to push for legislation for federal oversight of the cemetery industry. Burr oak cemetery pic from religion dispatches.org • Comments Leave a Comment • Categories 2009, Bereaved Consumers Bill Of Rights., Burr Oak Cemetery Alsip, Burr Oak Cemetery Crime Scene, Burr Oak Cemetery Scandal, House of Representatives, IFDA LAWSUIT, IFDA Lawsuit News, IFDA Preneed Trust, ifda trust, IFSA, II Cemetery Scandal, Illinois cemetery Scandal, Illinois Funeral Directors Association, national prearranged services, nyse:sci, sci scandal, Service Corporation International, service corporation international scandal, State of Illinois, State of Illinois Comptroller, Subcommittee on Commerce, Trade and Consumer Protection, www.ifda.org Funeral Whistle Blower Fired-YourFuneralGuy 8 Jul • b. A-4 tc" A funeral home whistle blower who spoke to the Washington Post has been fired. A worker at National Funeral Home in VA who exposed VETERANS CORPSE ABUSE has been terminated.Service Corporation continues to build a case that its a uncaring funeral corporation. Veteran corpse abuse hurts veterans and their families. It shows disrespect from the dead and the living. All this from the World's Largest Funeral Corporation Service Corporation International, SCI, NYSE:SCI. From the Washington Post: "A National Funeral Home employee who publicly supported allegations that the company was mishandling bodies at its Falls Church facility was fired last week for speaking to the media, he and his attorney said." My Opinion: SCI does not know when to stop with it's abusive actions towards the dead, their employees and their families.The National Funeral Home Scandal goes on and on. Funeral IndustrylFuneral Blog by Your Funeral Guy http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 13 of 16 Or . i t v . • 4 tip„ s f':.:a _ +» - I ore on SCI SCANDALS: Worlds Largest Funeral Corp-Desecrates Graves'Remains in April- yourfuneralguy SCI 6th Scandal Funeral Home and Cemetery Running a momento dump Funeral Scandals-YourFuneralGuy Wrong person in Wrong Grave at Service Corp.Cemetery-YourFuneral Guy • Comments Leave a Comment • Categories sci scandal, service corporation international scandal,your funeral guy • 4-- Older Entries Newer Entries —• Search (Search... Search Featured Posts Cremation Costs can vary by Thousands of Dollars-Your Funeral Guy Cremation costs can vary by thousands of dollars. This is is an important factor when considering funeral costs and cremations costs. We have addressed this subject in several places before,-it is important to address this subject again. You can view a video on this with more info here. As with funeral cost, and cremation cost- [...] • http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 service corporation international scandal « Your Funeral Guy Page 14 of 16 • Ten Companies controlling the Funeral Industry-Your Funeral Guy • Image via Wikipedia There has been an article on Ten Companies Controlling the Funeral Industry. What is interesting in the article are the Newcomers Wall Mart and Amazon .com These companies have only entered the funeral industry in the last several of years. This is an indication of traditional Funeral industry decline and the desire [...] atria' •1 r Hillenbrand(of Batesville Casket)continue to diversify-YourFuneralGuy Hillenbrand Inc and the CEO Kenneth Camp, have acknowledged funeral industry and Casket sales decline. The company executive has decided to live with the reality that is there. People are paying less funeral cost and many are continuing to live with the reality of the funeral industry decline. Hillenbrand Inc. CEO Kenneth Camp might have [...] 20 • • Funeral Industry:Top 10 Articles in 2010-Your Funeral Guy 1. TV special Shows what it is like to die If you or a loved one have thought you may die, it may be a good idea to catch the PBS frontline special"FACING DEATH". Would you go to intensive care to die? How long should someone receive treatment? Check out the video. via www.yourfuneralguy.com 2. [...] P Top Three Funeral Books in 2010-YourFuneralGuy There have been three great funeral books published in 2010 that can help with Funerals and your funeral cost. These book state the principles presented in Rest in Peace: Insider Tips to the Low Cost Less Stress Funeral. The First one is A Good Goodbye by Gail Rubin a new funeral book from the USA. 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Theme: Bueno by WooThemes. Follow Follow "Your Funeral Guy" Get every new post delivered to your Inbox. Join 87 other followers (Enter your email address Sign me up Powered by WordPress.com • http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/pa... 9/4/2012 American Politics Journal -- Funeralgate Now Involves Georgia, Too Page 1 of 1 • American Politics Journal TODAY PUNDIT PAP ARCHIVE STORE SUBSCRIBE LINKS POLLS SERVICES SITE MAP "Funeralgate" Now Involves Georgia, Too Bush Family Patrons SCI Linked to Crematorium Scandal by Tamara Baker Mar. 4, 2002 -- SAINT PAUL, MINNESOTA (APJP) -- Were you wondering why, after nearly two weeks of constant media play on the nightly newscasts, the story of the malfeasance at the Georgia crematorium suddenly dropped from the national news radar? So was I. Then I found this story from the Houston Chronicle, and I began to wonder if this might be one of the reasons: SCI details relationship to crematory The Houston operator of the nation's largest funeral home chain said it sent two bodies to be cremated at the Tri-State Crematory in Georgia,one in 1998 and another in 2001. Both of those were at the specific request of the families. In addition,two dozen bodies were sent to the Noble, Ga.,facility by funeral homes that were later acquired by Service Corporation International,the company said.After the acquisition, however, no remains were sent to Tri-State.... So of the over 90-odd bodies found rotting in the Georgia countryside, over two dozen of them came from SCI-owned facilities. Hmmmm. • This comes on the heels of the news of similar outrages occurring at SCI facilities in Florida. And, of course, those of us who've been following the Bush family's Texas doings know about Funeralgate there. But wait, there's more: ...Although SCI's relationship with Tri-State was limited, Pullins said his awareness of the crematory goes back more than 15 years. He said he knew something wasn't right when he toured the facility for the first time in 1985. It was very remote,very wooded and very rural,and the crematory was in a kind of shed, Pullins said.There also was no supervision, and the person in charge didn't appear to be properly trained,recalled Pullins,who toured the crematory while he was president of the Sentinel Group,a Stanford, Conn.,death care company that was later acquired by SCI. "I'm not an expert on crematoria, but I know a good one when I see it and a bad one when I see it," Pullins said... So, SCI's Pullins suspected that things weren't right way back in 1985, on his first visit to the Georgia facility -- and he STILL did business with them? Ooohhh Kaayyyyyy. There's something rotten here -- and it's not just the dearly departed. powered by All Aghlatreae002,2001,2000,19 9, 998,1997,C American Politics Journal Publications,Inc. Underwriters Digital ISSN No 1623.1690 Research • http://www.americanpolitics.com/20020304Baker.html 8/28/2012 F- nal Disposition: The Texas Funeral Service Commission is up to its ashes in trouble aga... Page 4 of 6 news • Final Disposition The Texas Funeral Service Commission is up to its ashes in trouble again BY ROBERT BRYCE,FRI.,MAY 14,2004 - �.J i • Q A TFSC employee charged that an investigation of the Los Angeles Funeral Home in San Marcos was unfair and violated agency policies. Photo By John Anderson No state agency has had a more troubled history than the Texas Funeral Service Commission,whose mission is to regulate the industry by means of"impartial enforcement, inspection,and education to insure that the final disposition of every citizen is conducted at the highest level of professional standards and ethical conduct." For various reasons, the TFSC has had persistent and ongoing problems pursuing that mission.And the tiny agency is—once again—in the middle of controversy. Four years ago,the commission was shaken by a major scandal involving allegedly illegal embalmings being performed by the world's biggest funeral company, Houston-based Service Corporation International.After a lengthy investigation,a TFSC committee recommended that SCI be fined $445,000 for the violations.At about the same time that the agency began pushing for payment of the fine, the funeral giant was able to get extraordinary access to,and helpful intervention from,the staff of then Gov. George W. Bush. • Bush staffers, including Joe Allbaugh, held special meetings with SCI's CEO, Robert Waltrip. The executive director of the TFSC during the SCI investigation, Eliza May,was soon alleging that she was pressured by Allbaugh and other Bush staffers to halt the ongoing investigation into the company's misdeeds. She later sued the state for wrongful termination. In 2001, her lawsuit was settled when the state and SCI agreed to pay her an amount in excess of$200,000. When she was hired, May was supposed to put a new face on the already scandal-plagued agency. Her predecessor,Wayne Butterfield, left the TFSC in 1996, after he was jailed on charges of aggravated perjury and witness tampering. Butterfield's predecessor at the TFSC left the agency after being hit with charges of sexual harassment. The agency's less-than-stellar history should have convinced the TFSC's current executive director, Orville C. "Chet"Robbins, to keep a low profile and avoid controversy. But Robbins hasn't done either.And under his directorship,the TFSC is now wrestling with a new series of messy disputes. Regulating the Regulators For instance, two recently fired employees say they are going to sue the TFSC for wrongful termination. One of those employees and several funeral directors allege that the TFSC has been purposely targeting minority-owned funeral homes for enforcement actions. Of the half dozen or so funeral directors interviewed for this story, none wanted to have his or her name used,for fear of retaliation. One said, "I'm scared to go up against them because I know they won't be truthful in dealing with me."One Dallas-area undertaker told me that very few members of the Texas Funeral Directors Association can deal with Robbins and that his bluster and intransigence have completely soured the relationship between the group and the TFSC. (The association refused to comment for this story.) Meanwhile, a member of the Texas House, Rep. Miguel Wise, D-Weslaco, has vowed to make sure that the agency is euthanized and its duties turned over to the Texas Department of Licensing and Regulation. Wise hasn't stopped there. He has asked both the Travis Co. District Attorney's Office and the Texas Rangers to investigate alleged wrongdoing at the agency. Wise says he is"amazed at all that crap that's going on"at the TFSC and calls it an "agency that is out of control." Robbins dismisses the complaints against him as the work of the disgruntled former employees."People are going to complain," he said. As for the complaints coming from the funeral directors, "Nobody likes to be regulated. But when there's money being exchanged,there needs to be regulation." Furthermore, Robbins contends that Wise is retaliating against his agency because the TFSC did not accommodate a funeral director from Wise's district who was trying to get his license renewed, even though the license had lapsed for more than a year. (State regulations do not allow the agency to issue licenses to individuals if their licenses are not renewed within the one- year period.) • http://www.austinchronicle.com/news/2004-05-14/210893/ 8/28/2012 Final Disposition: The Texas Funeral Service Commission is up to its ashes in trouble aga... Page 5 of 6 • • • State Rep. Miguel Wise says he is"amazed at all that crap that's going on"at the TFSC and calls it an "agency that is out of control." On Feb. 26, after Wse submitted a large number of open-records requests to the TFSC,the agency responded, saying that to fulfill his request would cost Wise's office$13,473—even though state law prohibits agencies from charging legislators for open-records requests. On March 17, Robbins sent a letter to all of the members of the House Licensing and Administrative Procedures Committee to complain about Wise's requests. "This exercise in futility is a tremendous waste of state resources," wrote Robbins, who also called Wise's requests"harassment."The next day the agency sent Wise another bill, requesting another$270 for copying and research costs. Watch Your Mouth Last July, Robbins went on the offensive against a funeral industry lobbyist, Janis Carter. He wrote a letter to Carter's law firm, Winstead Sechrest& Minick, as well as to the Texas Funeral Directors Association, saying that Carter had made"malicious • and highly derogatory statements"about him during the just-ended legislative session. Carter would not comment for this story. Robbins' letter raised more than a few eyebrows.Agency heads may disagree with lobbyists or have feuds with lobbyists. But writing a lobbyist's employer, and doing it on agency time, on agency letterhead, is"just not done,"says one veteran lobbyist. Personnel issues have also led to conflict at the TFSC. Last fall, Robbins fired one of the agency's longest-tenured employees, Earl Monreal. Monreal had worked at the TFSC since 1997, and he took part in May's investigation of SCI.All of the funeral directors I spoke to for this story vouched for Monreal's honesty and work ethic. "He was the one person at the agency who would look at the facts and do the right thing,"was a representative comment from one of those directors. However, Robbins implies that Monreal,who was making $34,300 per year for his work as the agency's consumer affairs and compliance officer, was a scalawag. After Monreal was fired on Sept. 11, 2003, he filed for unemployment. Robbins contested Monreal's unemployment claim, and on March 22,the Texas Workforce Commission found that Monreal had used the TFSC's"telephone system and cellular telephone to make personal long-distance telephone calls"and that he had not disclosed the fact that he had a personal relationship with a woman who worked at a funeral home that he was inspecting. The workforce commission ruled that Monreal was ineligible to collect unemployment. Monreal insists that Robbins would not tell him why he was fired. He also says that none of the allegations in the workforce commission ruling are true, and that he was fired after Robbins asked him to falsify agency documents. Furthermore, he claims that Robbins and commission staff targeted minority funeral homes for enforcement, "because they didn't fight." Bolstering Monreal's claim is a sworn deposition he gave on July 25,2003, regarding charges the agency was pursuing against a minority-owned firm, Los Angeles Funeral Home in San Marcos. In that case—which was dismissed in its entirety by the State Office of Administrative Hearings on Jan. 15, 2004—Monreal said that agency personnel, including Robbins, had a "vendetta"against the owners of the funeral home. When asked if the investigation was done"according to policy and procedure,"Monreal answered, "No."When asked if the investigation was done"impartially and fairly,"again Monreal answered, "No." Seven weeks later, he was fired. On April 20, Robbins fired the agency's chief financial officer, Debbie Almasov,who says that Robbins would not give her a reason for her dismissal. She also says employees at the TFSC "made up lies"about Monreal in order to prevent him from collecting unemployment. Five weeks before she was fired, Almasov contacted Rep. Wise via e-mail. In her e-mail, she told Wse that Monreal"never cheated the agency in any way. In fact, he saved the agency money every opportunity he had." Robbins would not comment on the reasons for Almasov's firing. The chairman of the TFSC, Harry Whittington,who was appointed by Bush in 1999, says he had looked into the various allegations against the commission and Robbins, and found nothing to substantiate them.The"board feels very confident in • our executive director and the pattern we are pursuing,"Whittington said. However,the board's confidence could be tested if Monreal and Almasov follow through with their threats to sue the agency for wrongful termination. http://www.austinchronicle.com/news/2004-05-14/210893/ 8/28/2012 I :nal Disposition: The Texas Funeral Service Commission is up to its ashes in trouble aga... Page 6 of 6 Last Rites? 0 Wise wants to keep hammering the agency, but he's running out of time—in March, he lost the District 39 Democratic primary, and he'll be leaving office in January. But he says that other legislators have agreed to carry legislation that will kill the TFSC once and for all, a move that almost happened during the last legislative session,when the House passed a bill that would have abolished the agency.That provision was removed when the bill went to conference committee. As for SCI,the TFSC recently agreed to settle all of the outstanding charges against the funeral conglomerate.The agency didn't get anything close to the $445,000 fine that was recommended nearly five years ago. On Jan.23, the TFSC agreed to seek"administrative penalties totaling approximately$21,000."Robbins refused to comment on any aspect of the SCI case, referring all questions to the Texas attorney general's office, even though it was the TFSC's job to investigate and substantiate the charges against the funeral giant. The settlement with SCI closes one stormy chapter of the funeral commission's history. But another stormy chapter may be just beginning.• Former Chronicle reporter Robert Bryce is the author of Cronies: Oil, the Bushes, and the Rise of Texas, America's Superstate, to be published in June by Public Affairs. . __ _ . . share Tweet • • http://www.austinchronicle.com/news/2004-05-14/210893/ 8/28/2012 IN RE: SERVICE CORPORATION INTERNATIONAL and SCI Texas Funeral Services... Page 1 of 3 "A in net, 'fiy. wa�srs: ! \ ®® FOR LEGAL PROFESSIONALS Supreme Court of Texas. IN RE: SERVICE CORPORATION INTERNATIONAL and SCI Texas Funeral Services IN RE: SERVICE CORPORATION INTERNATIONAL and SCI Texas Funeral Services, Inc., Jointly d/b/a Mont Meta Memorial Gardens. No. 10-0158. S -- December 16, 2011 Mike A. Hatchell, Locke Lord LLP, Susan A. Kidwell, Locke Lord Bissell & Liddell LLP, Austin, Charles C. Murray, Lisa D. Powell, Atlas & Hall, L.L.P., McAllen, for Service Corporation International.J. Scott McLain, Kristin Ann Gaston, Reed, McLain & Guerrero, LLP, McAllen, Richard G. Roth, Law Offices of Richard G. Roth, South Parde Island, for Norma Linda Sandoval. Norma Sandoval and her sister, Nora Martinez,jointly filed suit against Service Corporation International (SCI) alleging fraud, deceptive trade practices, and other tort claims arising from their respective interment rights and services contracts for family burial plots at Mont Meta Memorial Park.' The parties agree the dispute was required to be arbitrated pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16. The contracts that Sandoval and Martinez signed both included arbitration clauses, albeit with different contractual methods for appointing the arbitrators. Martinez's contract allowed the court to appoint an arbitrator, while Sandoval's contract required the American Arbitration Association (AAA) to appoint the arbitrator if the parties could not reach a mutual agreement.' Due to the differing contract terms, the trial judge severed the cases and then . appointed arbitrator David Calvillo for Martinez's case. Sandoval asked the court to appoint an arbitrator in her case as well. Over the objection of SCI, the trial court also appointed David Calvillo to arbitrate Sandoval's case. SCI unsuccessfully sought a writ of http://caselaw.findlaw.com/tx-supreme-court/1588799.html 9/4/2012 IN RE: SERVICE CORPORATION INTERNATIONAL and SCI Texas Funeral Services... Page 2 of 3 mandamus from the court of appeals. In this Court, SCI requests that we issue a writ of mandamus directing the trial court to vacate its order naming David Calvillo as arbitrator. The disputed issue is whether SCI allowed a lapse or mechanical breakdown in the contractual process for selection of an arbitrator, thereby validating the trial court's intervention to appoint the arbitrator. After suit was filed, SCI moved to compel arbitration. Sandoval acknowledges that at the October 5, 2009 hearing on the motion, SCI insisted on its right to seek AAA appointment of an arbitrator after the parties could not agree. Sandoval argues that SCI refused to initiate AAA procedures for appointment of an arbitrator because it claimed that Sandoval had the duty to do so. According to SCI, because the parties contracted to be governed by AAA rules, the burden of approaching the AAA rests on Sandoval, as she is the party seeking relief. Over SCI's objections, the trial court appointed Calvillo as the arbitrator from the bench on December 3, 2009. The trial court signed an order to that effect on January 11, 2010. SCI asserts that the trial court's appointment of an arbitrator interfered with the contractual rights of the parties and was not authorized by the Federal Arbitration Act. Without reaching the parties' arguments as to which party or parties have the burden of approaching the AAA to appoint an arbitrator, we agree with SCI that the trial court's appointment was an abuse of discretion from which there is no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex.2004). In a related case also decided today, In re Service Corp. International & SCI Tex. Funeral Services, • Inc. d/b/a Magic Valley Memorial Gardens, we analyzed an identical arbitration provision. S.W.3d (Tex.2011). Following the rationale in Magic Valley Memorial Gardens, we conclude the trial court abused its discretion by appointing an arbitrator instead of following the agreed-upon method of selection outlined in the contract. As a matter of law, the two-month delay in the selection of an arbitrator in this case, by itself, does not establish a lapse or failure of the parties to avail themselves of the contractual selection method. See 9 U.S.C. § 5; Magic Valley Memorial Gardens, S.W.3d (Tex.201 I). Accordingly, without hearing oral argument, we conditionally grant SCI's petition for writ of mandamus and direct the trial court to vacate its prior order appointing David Calvillo as arbitrator. Tex.R.App. P. 59.1, 52.8(c). We are confident the trial court will comply, and the writ will issue only if it fails to do so. FOOTNOTES 1. SCI's briefing before this Court alternately provides its d/b/a name as "Mont Meta Memorial Gardens" and "Mont Meta Memorial Park." The certified mandamus record consistently refers to SCI's d/b/a name as "Mont Meta Memorial Park." 2. As in In re Service Corp. International & SCI Tex. Funeral Services, Inc. d/b/a Magic Valley Memorial Gardens, S.W.3d (Tex.2011), the arbitration agreement in • Sandoval's contract is governed by the Federal Arbitration Act. See 9 U.S.C. §§ 1-16. The relevant portion of the arbitration provision in Sandoval's contract provides:The arbitrator shall be selected by mutual agreement of the parties. If the parties fail to or are unable to http://casclaw.findlaw.com/tx-supreme-court/1588799.html 9/4/2012 IN RE: SERVICE CORPORATION INTERNATIONAL and SCI Texas Funeral Services... Page 3 of 3 agree on the selection of an appropriate arbitrator, the AAA shall select the arbitrator 410 pursuant to its rules and procedures upon the application of one or both parties. PER CURIAM. Copyright© 2012 FindLaw, a Thomson Reuters business. All rights reserved. • mom- • http://caselaw.findlaw.com/tx-supreme-court/1588799.html 9/4/2012 Stolen Tombstones Found During Meth Raid In Loma Linda, Calif. Page 1 of 1 • • .l L •I Click hen to return to AQL corn 411 .'NICnthcr.1.2012 ` �< 1 WEIRD NEWS Stolen Tombstones Found During Meth Raid In Loma Linda, Calif. • • Thinksteck h y 08117/11 03:34 PM ET Associated Press"" LOMA LINDA, Calif. — Authorities said Wednesday that narcotics investigators raiding a Southern California home during a methamphetamine bust found something odd in the backyard–two dozen granite and marble tombstones. One of the stolen grave markers was traced to the nearby Montecito Memorial Park in Colton, about 50 miles east of Los Angeles,said San Bernardino County sheriffs spokeswoman Cynthia Bachman. "Some of them may be from other cemeteries," she said. Investigators were trying to locate family members so the markers can be returned to the proper place in graveyards. • The 24 tombstones scattered around the site of Tuesday's drug bust have an estimated value of 548,000,she said. Deputies said the suspects were selling methamphetamines from the residence.While in the backyard during the raid,deputies noticed tombstones weighing hundreds of pounds each. "The strange thing is, they don't have any value to these suspects," Bachman said. "They are made of stone. Sure, they have sentimental value to the families,but they are worth nothing to these people." During the raid at Loma Linda home, deputies served a search warrant and arrested a resident. John Bleuer was booked for investigation of methamphetamine possession and sales,possession of firearms and possession of stolen property. Three other residents identified in the warrant–Steve Hansen, Lisa Jackson and Louis Anchelowitz–weren't home at the time of the raid and weren't in custody on Wednesday,Bachman said.All four are expected to be charged and arraigned on Thursday. The Montecito cemetery, built in 1927, is operated by Houston-based Service Corporation International. A Montecito cemetery receptionist referred callers to the SCI press office,which didn't immediately return telephone messages. Copyright 2012 The Local Paper.All rights reserved This material may not be published,broadcast.rewritten or redistributed. • http://www.huffingtonpost.com/2011/08/17/stolen-tombstones-found-during-meth-raid_n_9... 9/4/2012 Page 1 of 2 • • •1 MAIL •1 Click here to return to AOLcom • September 4,2012 HUFFPOST A POST MIAMI Service Corporation International Sued : Over Desecration Of Burial Plots At Star Gardens Posted: 04/06/2012 2:14 pm Updated:05/09/2012 4:54 pm A $200 million class action lawsuit filed Thursday alleges that a North Lauderdale Jew for years. Service Corporation International (SCI)'s cemetery Star of David Memorial Gardens CE in the wrong graves, crushed burial containers, secretly dug up human remains an improperly disposed of burial effects in a lake located at the edge of the cemetery, e • Avenatti, LLP. "Cemeteries are supposed to provide dignity to the dead and peace to the families," : human remains and dumping of burial containers with management's knowledge is simp The lawsuit claims that SCI employees were instructed to move bodies or crush up threatened with their jobs in order to secure their silence. The suit is not the first time SCI has been accused of outrageous disregard for the deac company in 2001, alleging overselling, misplacing burial plots, and digging up and locations in Broward and Palm Beach counties. SCI settled in 2009 with a $100 million on the level of desecration. In 2009, another suit began with the same allegations against SCI's Eden Memorial Par by claims that the company has destroyed evidence related to the case. The lawsuit is s' Most recently, a lawsuit filed by a Tamarac widow seeks damages from SCI after a c when he came to collect her husband's body. The money was found in the worker's van. WATCH:Another cemetery under investigation: • ZIT- HIGHLIGHTS http://www.huffingtonpost.com/2012/04/05/sci-cemetery-lawsuit_n_l 406600.html?view=pr... 9/4/2012 Page 2 of 11 • Deals • • Autos • Latest News • Local • Politics • Business • Consumer • Entertainment • Health • CBS4 Investigates • National • World • Blogs Expand+ ( lSUMM EIS E[Li0 F ,� q 11t1fl1 GR 2012 "D Local • Cops: Driver Removed Tamarac Man's Body, And His Cash January 9,2012 3:46 PM Share this 14 View Comments ..se . :J`• ,al 441114 di . • (Source: BSO) Armando Sardina, charged with stealing cash as he was removing a body from a tamarac home http://miami.cbslocal.com/2012/01/09/cop s-driver-removed-tamarac-mans-body-and-his-ca... 9/4/2012 Page 1 of 4 E by 'S THE TIME TO GET • iT P0E>!W .Free shipping on over 100,000 hems ,t•:„.....:,.:,, More said PLACE AN AD HOME DELIVERY JOBS CARS AUTOS A-Z REAL ESTATE REI Home News Broward Palm Beach Sports Entertainment Travel Lifestyle Business He SCHOOLS WEATHER HURRICANE HQ TRAFFIC CRIME&SAFETY FLORIDA NATION/WORLD POLITICS BROW/ Home Collections -. Crime Ads By Google Lawsuit accuses cemetery corn Croisieurope River Cruise Explore Europe on all-inclusive Cruises with the French mismanagement of Jewish grail company CroisiEurope.travel/River-Cruises remains $399 Cabo All Inclusive • 6 Days/5 Nights in an Ultra Luxury Cabo Beach Resort July 18, 2012 I By Linda Trischitta, Sun Sentinel for just$399! Getaw ayDea Iz.comlC abo Auto Shipping to Hawaii When Myrna Glickman and her siblings wanted to bury th( Shipping your car to Hawaii is simple. Frequent, reliable Star of David Memorial Gardens Cemetery and Funeral C service a horrible mistake. www.matson.com Dog Training-Serving O.C. When they dug up the grave next to my dad, someone w Obedience& Behavior specialists. Positive methods. Great prices! the shocking news she received in 2008. "They said they( www.crossroadspetresort.com move him, and put my mother next to him." Ads By Google Economy Hawaii Movers Guardian Hawaii Movers 4 Less We Make it Simple-Get Price Nov www.UShipGuardian.com Back Taxes Owed to IRS? Go Here&Get Help w/the Back Taxes You Owe to the IRS. Call U: IRS-Tax-Settlement-HQ.com/Owed-IRS 5StarTM For Businesswomen SStarm Responder: Official Site. Stay Protected On Business Trips GreatCail.com/Sttar Orange County Jail Bail Orange County Jail Bail Bonds 714-907-6479 www.bailready.com i Glickman, who lives in Southern California, said she is stil suit Tuesday in Broward County Court against Service Co http://articles.sun-sentinel.com/2012-07-18/news/fl-service-corporation-cemeteries-2012071... 9/4/2012 Page 2 of 4 Related Articles owners of Star of David and another area cemetery, Menc • Ranches. Lawsuit targets Broward cemetery April6. 2012 The suit alleges the cemeteries secretly buried human rer purchased in pre-burial plans, and dug up and moved rerr Suit alleges desecration at Jewish cemetery without using reasonable care. April 5, 2012 Native Trees In South Florida Wetland Areas Need It also alleges remains were desecrated in order to make I Protection encroached on other plots. March 29, 1987 "We just became aware of this lawsuit and so cannot com Jewish cemetery lawsuits continuing to grow Marshall, a spokeswoman for Service Corporation Interna July 15, 2012 the Sun Sentinel for comment. Former Tamarac vice mayor Marc Sultanofs funeral The company has been sued before by dissatisfied surviv set for... graveyards, and paid multimillion-dollar settlements to fan June 22, 2011 On its website, the 50-year-old Texas-based company sa) products and services" in North America, with a network o cemeteries. Find More Stories About "We do take all allegations very seriously, as we will this c Crime we have very good procedures in place at all of our prope might have questions to call us." Lawsuit In 2003, Service Corporation International agreed to a $1( • involving Menorah Gardens in Southwest Ranches and M Beach, after it was accused of overselling plots and movir It settled for another$14 million with the Florida Attorney A lawsuit filed in Palm Beach County Circuit Court in April case and seeks $200 million in damages from SCI and ott improperly disposed of at Star of David Memorial GardenE Memorial Gardens in North Lauderdale. In an unrelated matter this week, a former SCI employee I termination after testifying in another lawsuit. Marshall sail litigation but that the company will defend itself in court. Ads By Google River Boat Cruises River Cruise Best Price Guarantee! Lowest Per Di( www.gct.com The suit filed on behalf of Glickman and the others seeks and court and attorneys' fees. • Plaintiffs include the Minsky family, who said in the compl• grave on Father's Day at Star of David Memorial Gardens http://articles.sun-sentinel.com/2012-07-18/news/fl-service-corporation-cemeteries-2012071... 9/4/2012 Page 3 of 4 • marker that indicated that a Shirley Minsky was buried the • Minsky, is still alive. Index by Keyword Index by Date I Privacy Policy >> ►�' i t Terms of Service "My client said even if there is another Shirley Minsky, did Minsky?" said Debi Chalik, an attorney representing the ei Please note the green-lined linked article teat has been applied commercialiMinskyrdisinterredonThey are supposed to match documer our newsroom editors,reporters or any other editorial staff. stones and details at the graves. It seems to be happening Glickman, who is Jewish, said the delayed services for he exhausting and confusing. "We needed to get my father reburied within the shortest gather 10 men in a minyan to say prayers over my father t day we had the funeral for my mother." To this day, she is not sure her father was where he was "I am assuming he was in the coffin," she said. "They didn Glickman said she has returned twice to North Lauderdale graves of her parents. "Hopefully they're resting in peace," Glickman said. Many cemeteries are licensed by the state of Florida, said • Funeral, Cemetery & Consumer Services, and are suppos accurate burial records, among other rules. Anyone who v 800-323-2627. Ltrischitta @Tribune.com, 954-356-4233 or Twitter @Lindt Ads By Google Viking River Cruises Shop/ Book Online or talk with an expert on Viking LuxuryTravelTeam.com Featured Articles • -- http://articles.sun-sentinel.com/2012-07-18/news/fl-service-corporation-cemeteries-2012071... 9/4/2012 Top 10 Funeral Scandals (Year by Year)of the Last decade-YourFuneralGuy - Funerals - ... Page 1 of 5 ENTERTAINMENT STYLE LIVING • ^ Siemens Hearing Devices Quality hearing aids for over 130 years. Finc Z I M I 0 OC Personal Trainer Cert. Start Your Personal Trainer Career! 48 Wee Obituary Search Search All Public Obituaries. Find the Info You Need 1 Watch Full Episodes Turn Your Computer into a TV!Watch Full TV Epi I PICTURES VIDEOS CELEBS MOVIES TV MUSIC LIFE MORE r " ` Funerals Main Articles more « PREV NEXT Top 10 Funeral Scandals (Year by Year)of the Last decade- YourFuneralGuy By R.Brian Burkhardt on January 3, 2010 I From yourfuneralguy.wordpress.com • FI 1 \ Top Ten Funeral Scandals of the past decade Revealed Here are the top ten Funeral Scandals of the Last Decade presented on a year N by year basis. Funeral Scandals come in in three ways,:Funeral Directoriprovider(NPS, IFDA) takes your money, The Funeral Directorlprovider does not perform agreed upon services • and/or the Government and politicians get involved! No matter how it happens Funeral Scandal is not good for the funeral consumer and funeral cost! Funeral Scandal occurs in the USA daily. It is very difficult to keep with funeral a, SCa,,ua cvv'S reported in the Media. Share Tweet Lu .. Follow Lu http://www.zimbio.com/Funerals/artic les/Nw8hrdzCppJ/Top+10+Funeral+Scandals+Year... 8/28/2012 Top 10 Funeral Scandals (Year by Year)of the Last decade-YourFuneralGuy - Funerals - ... Page 2 of 5 i/ tom\ Service Corporation International is reported in over half of the Top ten Funeral Scandals in the Last Decade. 2000- Funeralgate George W Bush barely gets the Presidency not because of the vote counting hanging chads in Florida but because a judge Rules he does not have to testify in a Service Corporation International Embalming.Scandal 1 2001 Menorah Gardens Florida. the manager at one of the main desecration sites later I r committed suicide. From Wikepedia. "The Menorah Gardens cemetery chain, owned by SCI, was accused of desecrating vaults, removing three bodies from two cemeteries in Florida, and dumping the remains in woods in 2001. In one case, a cemetery superintendent took it upon himself to remove an occupied vault to make room for an adjacent burial that would not fit because the 1st vault was buried at an angle, preventing • the burial."-via en.wikipedia.org fj 2002-2003 Georgia TriState Cemetery Scandal Over three hundred remains were found on the site unburied left to rot. many Americans are aware of this Scandal. H 1+ ^ t-J In the 100 Million dollar National Prearranged Services Scandal The main tool was White Out! 2004 The Texas Funeral Commission Scandal Service Corporation International Again 2005 Katrina Body count outsourced to The Scandal Ridden Service Corporation International, SCI A 2006 Clayton Smart -Forest Hills Funeral Home 20 million preneed trust fund Scandal, c Memphis. • 2007 The National Prearranged Services (NPS) Preneed Insurance Scandal was first brought into the light. approximately 100 million dollars was stolen. The Main Tool in.the Crime White Out! Share Tweet 2j± Follow http://www.zimbio.com/Funerals/artic les/Nw8hrdzCppJ/Top+10+Funeral+Scandals+Year... 8/28/2012 Top 10 Funeral Scandals (Year by Year)of the Last decade-YourFuneralGuy - Funerals - ... Page 3 of 5 The mios unera irec ors ssocia ion a an nsurance onzi c eme was • was first reported in February 2008 in a Springfield Newspaper. All Reports in One Place Illinois Funeral Fund Scandal This scandal spread to the National Funeral Directors Association through it's Treasurer, Randall L Earl. This was also the largest Insurance Scandal in the History of the state of Illinois. Sadly: �litil ' • 1 Demaine Funeral Home in Alexandria,Va one of the SCI Funeral Homes in the Corpse Abuse Scandal Li The New reform focused IFDA President resigned in Late 2009. 2009 -The funeral scandal Year of the decade. The top funeral scandal in 2009 occured at the Burr Oak Cemetery outside of Chicago. The company owner Perpetua essentially escaped consequence for their neglect. Over 300 Graves desecrate and 4 people in the grave robbing money scam. This Scandal deeply hurt the black community in the Chicago Area.An • initial report: More than 100 graves dug up in Cemetery Horror Burr Oak Cemetery. The Eden Memorial Park Scandal was reported outside of Los Angeles. The scandal broke when a lawsuit was reported by the press. Click Here for details of the Eden Memorial Park Lawsuit Again this was a Service Corporation NYSE: SCI Cemetery National Funeral Home and Demaine Funeral home, two SCI Funeral homes were found J to be involved in Veterans Corpse abuse in early 2009. This shocked veterans and the J public.SadlylPics,Places,Logo Virginia SCI Body Desecrations Funeral IndustrylFuneral News Blog By Your Funeral GuyjFuneral Director, Illinois an Virginia. Posted in decade, funeral home scandal, funeral industry blog, funeral industry news, funeral news, funeral scandal, funeral story, Scandal 2009, SCI Funeral Home, sci scandal, top ten Tagged: "National Funeral Directors Association", Burr Oak Cemetery, funeral, funeral industry, funeralgate, Illinois Funeral Directors Association, Menorah Gardens, national prearranged x ' x • x services, nps, scandal, SCI, Service Corporation International Related Articles: • Connecting Directors, Cdsocial continue against the Funeral Consumer- • YourFuneralGuyblog • A New form of Burial Explained-Your Funeral Guy Z'I ■ ConnectingDitegggpe.corryigd;anti consyner? a dVatelYdAbleuljeralGuv http://www.zimbio.com/Funerals/articles/Nw8hrdzCppJ/Top+10+Funeral+Scandals+Year... 8/28/2012 service corporation international scandal « Your Funeral Guy Page 1 of 15 Your Funeral Guy Archive I service corporation international scandal RSS feed for this section World's Largest Funeral Corp,Wrong Body,Wronq Grave Scandal-yourfuneralguy 29Sep x Official seal of Brookline,Massachusetts • (http://en.wikipedia.org/wiki/File:Brookline MA seal.ipg) Seal of Brookline Massachusetts where the scandal took place Image via Wikipedia (http://en.wikipedia.org/wiki/File:Brookline MA seal.jpg) The World's Largest Funeral Corporation Service Corporation International, NYSE:SCI has found it self in a wrong body wrong grave scandal. Worse yet it involved a Jewish Burial.This all took place in Massachusetts. The article entitled in the Boston Herald "Funeral BigWig recuses Self on Burial Inquiry" The scandal has wide significance because the Individual Involved Kim L Perry, who is (was)the Chairperson of the Massachusetts Funeral Board. Snippet • http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/ 9/4/2012 service corporation international scandal « Your Funeral Guy Page 2 of 15 Kim L. Perry said she is a New England manager for Houston-based Service Corporation International, which owns Stanetsky Memorial Chapel in Brookline. Perry has been on the board since 2005. Her five- year term expires next month. • Stanetsky(memorial Chapel buried one body on Aug.26 in a grave meant for someone else, then exhumed it the next day and replaced the remains with the right body—all without ever pulling permits at the city's health department, as required by state law, or notifying authorities, according to Stan Kaplan, executive director of the Jewish Cemetery Association of Massachusetts. JCAM owns the Chevra Kadusha Cemetery in Woburn, where the burial mix-up took place.Jewish law prohibits burying a body where another has been,because the ground is then considered desecrated. SCI said it is cooperating with the state. via news.bostonherald.com (http://news.bostonherald.com/news/regional/view/20100929funeral bigwig recuses self on burial inquiry/) Funeral Industry I Funeral News I Funeral blog by Your Funeral Guy Related articles by Zemanta • You:2 bodies found in wrong plots at Arlington cemetery (http://www.washingtonpost.com/wp- dyn/content/article/2010/09/14/AR2010091404360.htm1?wprss=rss nation) (washingtonpost.com) (http://www.zemanta.com/) n 'Kie:a~t • Commentsl Comment • Categoriesfuneral scandal, Scandal 2010, SCI Cemetery, SCI Funeral Home, Service Corporation International Blog, service corporation international cemetery scandal, service corporation international • scandal, wrong body wrong grave Chicago-Skokie SCI Cemetery Flag, Memorial Mess-Your Funeral Guy ?; 281u1 http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/ 9/4/2012 service corporation international scandal « Your Funeral Guy Page 3 of 15 i (http://commons.wikipedia.org/wiki/File:Skokie IL.PNG) Image via Wikipedia (http://commons.wikipedia.org/wiki/File:Skokie IL.PNG) Service Corporation International has a created another graveside flap, this time it is not just over grave momentos but flying flags,at a war hero's grave. A new Manager came to Memorial Park Cemetery in December 2009 and has told the mother and father to take (at least one of the )flags at the site down. illSkokie, Ill.-The father of a soldier from Skokie has made a deal with a cemetery that will allow him to continue to fly an American flag over his son's grave. Last week, Memorial Park in Skokie told Elie Bitton that he had to remove the ten foot flag poles that bookended the monument to his son Albert Bitton, or the cemetery would do it for him. Army Corporal Bitton was killed by a roadside bomb in 2008, and for the past two and a half years the poles have flown an American flag and an MIA/POW flag on either side of the black granite headstone. His father visits the grave three times a day, and there has never been a problem until last week when the cemetery's new manager Ron Graeff told him the flags and the flowers around the grave site would have to go because they didn't conform to the rules and regulations. Graeff had only been in charge since December 2009, so he could not say why no one told Bitton the flag poles were too tall when he put them in. The cemetery's regulations do not permit any memorials taller than four feet. "After two and a half years, you're gonna tell me what to do, the flag is down or not. He's an anti- American, it's an anti-American,because if it was really an American he would never said that," an outraged Elie Bitton told Fox Chicago News at the cemetery. via chicagopressrelease.com (http://chicagopressrelease.com/news/cemetery-agrees-to-flag-over-vets-grave) !After 2.5 years and telling the family to take the graves down? The world's largest funeral corporation continued inconsistent enforcement of their cemetery policies. The Illinois Cemetery Oversight Act will not be much help this matter, although the family has contacted the Department Of Veterans Affairs. Service Corporation International, NYSE:SCI is known by some as big death and the evil funeral empire. http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/ 9/4/2012 service corporation international scandal « Your Funeral Guy Page 4 of 15 This story was featured on July 28th 2010, on the Fox News Channel Americas News room. Death care Scandals at SCI Have become quite common over the past Several Years. *Funeral industry, Funeral News, Funeral Blog by Your Funeral Guy Related articles by Zemanta • Family Reaches DealOn Cemetery Flags (http://www.foxnews.com/us/2010/07/28/cemetery-allows-father -war-veteran-fly-flag-graven (foxnews.com) o Cemetery Wants Flags Down at Soldier's Grave (http://www.foxnews.com/us/2010/07/27/cemetery-tells- father-iraq-war-veteran-flagsn(foxnews.com) • CommentsLeave a Comment • CategoriesScandal 2010, SCI Cemetery, service corporation international cemetery scandal, service corporation international scandal Service Corporation International Funeral Home Fined For Veterans Corpse Abuse[Your Funeral Guy 1 , ,� .�. . ¢�- .;SLR k ' ; Lt ,,.. , , , . _ .\ ' '1: , I e rr { , ;l 18Jun` • " '` s ' - _ . . , National Funeral Home in Falls Church Virginia has been fined for Their part in Veterans Corpse Abuse SCI Scandal of 2009. This was were veterans bodies were left to rot in the garage while waiting for burial at Arlington National Cemetery. 0 http://yourfuneralguy.wordpress.com/category/service-corporation-intemational-scandall 9/4/2012 service corporation international scandal « Your Funeral Guy Page 5 of 15 /� (http://yourfuneralguy.files.wordpress.com/2009/07/3017751065 3596eafc031.ipg) Service Corporation International Dignity Logo Employees at the funeral home raised concerns last year that hundreds of bodies were being mishandled at the facility. A Washington Post article in April 2009 detailed allegations that bodies had been left on hazardous-materials boxes and makeshift gurneys; deceased veterans were placed on garage racks for months while awaiting burial at Arlington National Cemetery; and some bodies were left exposed and leaking fluids. via www.washingtonpost.com (http://www.washingtonpost.com/wp- dyn/content/article/2010/06/16/AR2010061604030.html?hpid=moreheadlines) A fine of$50,000 USD is but a swat at a mosquito for the World's Largest Funeral Corporation, NYSE:SCI, Service Corporation International. Unannounced inspections should be happening in Virginia anyway. National Funeral Home and the Virginia Board of Funeral Directors and Embalmers signed a consent • order this week in which the Falls Church facility agreed to two years of probation, a$50,000 fine and six unannounced inspections each year. A two-year suspension was imposed but immediately stayed. It could take effect if the funeral home is found to have any violations in the next two years. via www.washingtonpost.com (http://www.washingtonpost.com/wp- dyn/content/article/2010/06/16/AR2010061604030.html?hpid=moreheadlines) Funeral Industry I Funeral News I Funeral Blog by Your Funeral Guy o CommentsLeave a Comment Categoriesfuneral scandal, SCI Funeral Home, sci scandal, service corporation international scandal • http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandall 9/4/2012 service corporation international scandal « Your Funeral Guy Page 6 of 15 World's Largest Funeral Corporation sweeps away 4, Baby MomentosjYourFuneralGuy zlim The World's Largest Funeral Corporation has been caught up in a local grave scandal.This time the Company NYSE:SCI has been caught sweeping up and throwing away memorabilia, left at baby's grave in Vancover, Canada. This is a classic case of not enforcing the rules for quite some time, then all of a sudden enforcing them- Momentos at dead Baby's Graves. One would think just because dead babies are involved an exception would be in order to avoid poor publicity. NOPE not the multi million Service Corporation International Inc, 0SCI. Another case of The World's Largest Funeral Corporation, "Too Big too Care." And Per the normal SCI and funeral scandal News coverage is not going beyond the local media. Yolaine Dupont felt she found the perfect spot for her little girl, Ella, to spend eternity when she laid her to rest at Burnaby's Forest Lawn Memorial Park last spring. The Lullaby section, where eight-month-old Ella was buried after a heroic battle with end-stage emphysema,had soul, said Dupont. It felt peaceful and happy. A year later,however, and Dupont said she's considering her options following enforcement in March of Forest Lawn's rule concerning site maintenance. It's a rule, Dupont said, that's seen the gravesites in the Lullaby area stripped of mementos — such as pinwheels, figurines and stuffed animals — left there by loved ones. "I'm incredibly distraught, to be honest," said Dupont, a native of Quebec. "It is traumatic enough to lose a child.To have to deal with this at the same time is horrendous." Dupont said flowers, three miniature flags, a teddy bear and guardian-angel figurines were taken from Ella's gravesite and thrown away by Forest Lawn's staff during the cleanup. • via www.theprovince.com (http://www.theprovince.com/travel/Forest%20Lawn%20sweeps%20away% 20family%20mementos%20children%20graves/3061785/story.html) Funeral Industry I Funeral News I Funeral Blog by Your Funeral Guy G Comments3 Comments http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/ 9/4/2012 service corporation international scandal « Your Funeral Guy Page 7 of 15 Categoriesservice corporation international cemetery scandal, service corporation international scandal •Ten Funeral I Funeral News predictions for 2010- YourFuneralGuy 4Tan Here are the Top Ten Funeral and Funeral News predictions for 2010. 20 1 0 • (http://yourfuneralguy.files.wordpress.com/2010/01/istock 000010902125xsmall.ipg) Ten top funeral predictions for 2010. 1Cremation rate will rise at Faster Rate in 2010 than 2009.bringing down the average cost of a funeral. 2.Funeral home,closings mergers,and Bankruptcy's will grow. 3.The big three Service Corporation International, Stewart Enterprises Inc and Batesville Casket Company will continue to have revenue decline. 4.The Bereaved Consumer Bill of Rights Act bringing cemeteries under the funeral rule will, die in committee in the United States Congress. 5.The digitizing of all aspects of the funeral will continue including webcasting,online obituaries as well as video tributes. 6. Service Corporation International NYSE SCI will continue to Exposed in Scandal as "big death" and the often whispered about Houston "Enron Evil" !tine. Alliances among Funeral Industry Corporations.will grow as the industry tries to stop it's ecline. 8. Consumers will catch on to the New FTC Ruling and negotiate the basic service fee when purchasing Alternative Funeral Services. http://yourfuneralguy.wordpress.com/cateeorv/service-cmmnrntinn_;,,t, ,.,t:,,.,..I a v service corporation international scandal « Your Funeral Guy Page 8 of 15 9.The handling of digital assets will continue to grow as an important part of the Funeral arrangement process. 10. As he unemployment remains high in 2010 Mortuary School enrollment will Continue to grow. There are more funeral predictions that will be made but this will do for now. (Iittp://yourfuneralguy.files.wordpress.com/2010/01/istock 000010404149xsmall.jpg) Congrats You made it to 2010 into the 2nd decade of the 21st Century. It has been a rough couple of years for most everybody. Funeral Industry I Funeral News I Funeral Slog by Your Funeral Guy. CommentsLeave a Comment Categories2010 funeral blog, funeral industry news, funeral industry predictions, service corporation international cemetery scandal, service corporation international scandal, top ten, Uncategorized,your funeral guy blog Here are the top 25 Funeral News Stories of 2009-Your Funeral Guy BDec 2009 (http://yourfuneralguy.files.wordpress.com/2009/12/istock 000007631380xsmall.ipg)Top 25 Funeral Stories of 2009 Here are the Top 25 Funeral Stories of 2009: 1 .Walmart Selling caskets online (http://www.yourfuneralguy.com/your-funeral-guy-in-fox-newsh 411. When someone dies setup a Facebook Memorial (http://www.rbrianburkhardt.com/?page id=2617) http://yourfuneralguy.wordpress.com/category/service-corporation-international-scandal/ 9/4/2012 Rancho Cucamonga Website - Mission Statement Page 1 of 1 ^'yy,...:��.� 420 Graphic:Versiora Site Map FAQ. RRR Wednresday,scptonber 5,2012 qt ; fittWnt furl Tt r.r` in `eW ces' •� 1.try`yy 11 •ry, idin FCurrenewctiyTF vtMi ee iTh- yy: 'el.,9 Homepage>City Mall>Mayor&City Council>Mkshn Statement t• •7. v 3I Mayor a City Council MISSION STATEMENT Mayor's Welcome Mission Statement City Council Goals Mayor L.Dennis Michael The Mission Statement for the City of Rancho Cucamonga's City Council is as follows: Mayor Pro Tem Sam Spagnelo • Make decisions,and be perceived as making decisions,for the general welfare of he community. Council Member Wham J. • Always work to improve existing services and develop policies to meet the expected as well as anticipated Alexander needs of the community. Council Member Chuck Suquet • Work together cooperatively to respect all persons and their ideas in order to develop and maintain the Council Member Diane Williams trust of the community. Other I7eted Officals • Reflect the community's desires and priorities by assuring that decisions accurately reflect the community's interests by fairly translating public feedback into public policy. Appointed Officials • Enhance the quality of life of all Rancho Cucamonga residents through the continued pursuit of excellence RC Live-City Council Live and and commitment to the City's core values and(pals. Streaming Video • Set the vision for ale objective,community for the respectful r • address a professional,chioenl, of tive,aM respec7ul relationship with each other in order to more effectively address the Challenges of the figure. • Follow us City of Rancho Cucamonga Site Powered By V Iv ;� 10500 Civic Center Drive Rancho Cucamonga,California 91730 ShareThis T.(909)477-2700 F.(909)477-2849 • http://www.cityofrc.us/cityhall/counciUmission statement/default.asp 9/5/2012 TAB 22 • Rancho Cucamonga General P ,r ,V rill\ . . . 1e . . i . 0 * 43 fie, . Adopted May 19, 2010 Housing Chapter Adopted November 3, 2010 • i � � t id . 7I i - : ( I t r .� Y. 4 Chapter 1 : r. An Introduction to the • a air Rancho Cucamonga General Plan R A N C H O C U C A M O N G A G E N E R A L P L A N Our City, Our Future Located at the base of the San Gabriel foothills, with majestic views of Cucamonga and Ontario Peaks, Rancho Cucamonga is like no other communityin the Inland Empire. Rancho Cucamonga has a strength of spirit and a cohesive vision shared by residents, businesses, and City leaders. This community spirit and our vision for a city that will continue to evolve and set examples for others to emulate is evident in our neighborhoods, our parks, our commercial and business centers, and in the ways we celebrate our heritage. This General Plan captures that spirit and establishes the- policies and strategies we will pursue to keep Rancho Cucamonga a complete city, a great city in which to live, work, and play. For more about the City's history, please see the Rancho Cucamonga's spirit of heritage stems from its history as a collection of three Historic Resources section small communities: Cucamonga, Alta Loma, and Etiwanda. The area thrived on the under Chapter 2: Managing agricultural fruits of citrus and grapes. This history is celebrated today through public Land Use,Community art, evocative architecture, and well-preserved historic places. Historic Route 66 Design,and Historic (Foothill Boulevard) traces across town, contributing to the nostalgia of the well- Resources. known and romanticized highway that still resonates with residents today. • An Introduction to the Rancho Cucamonga General Plan RANCHO CUCAMONGA GENERAL PLAN I-1 • Rancho Cucamonga has a spirit of innovation and enterprise, reflected by the City's commercial, industrial, and service providers. Neighborhood shopping centers meet local needs, while community centers serve regional needs. Victoria Gardens, an award-winning lifestyle center with a local and regional draw, boasts walkable retail streets, public spaces surrounded by outdoor dining, a full-service library, and a cultural center that hosts live performances. Industrial and business uses provide diversified employment opportunities, including logistics/warehousing, manufacturing, and professional offices, and utilize innovative and sustainable methods to provide needed services to the community. To maintain this high quality of life on a sustainable level into the future, the City always looks ahead and establishes a path that guides us along the way. This path is called the General Plan. Role of the General Plan The Rancho Cucamonga General Plan documents our shared vision of tomorrow and defines the steps to progress from the present to the future. The General Plan is a long-range policy document (with a projected horizon of 15 to 20 years), frequently referred to as the guidebook or "blueprint° for our City's development. This blueprint directs the look, the feel, and the experience of our City now and in the future. The General Plan The General Plan is the foundation for many of the City's regulatory documents, Chapters including the Development Code, redevelopment plans, specific plans, community plans, master plans, and design guidelines. The way we evaluate proposed The Rancho Cucamonga developments and plan for future public services and community projects is guided General Plan is divided into by the General Plan. The Plan defines how we will maintain economic sustainability, nine Chapters: meet our transportation and mobility needs, protect our limited natural and historical • Introduction to the resources, and enhance our cultural assets. The Plan looks at all aspects of our built Rancho Cucamonga environment and natural resources, with the overarching goal of maintaining and General Plan enhancing the health of Rancho Cucamonga and our residents. This comprehensive approach is the foundation for Rancho Cucamonga's "Healthy RC" program which • Managing Land Use, promotes a healthy community lifestyle (discussed in more detail below). Community Design, and Historic Resources Every jurisdiction in California is required by State law to have a General Plan that • Community Mobility covers at least seven topics: Land Use, Circulation/Transportation, Housing, Conservation, Open Space, Noise, and Safety. Cities may include optional chapters • Economic Development that address issues of local importance. • Community Services Since its incorporation in 1977, Rancho Cucamonga has revisited its General Plan on • Resource Conservation a consistent basis to measure progress toward goals and respond to changes in • Public Facilities and State law. The 2001 comprehensive General Plan update responded to the maturing Infrastructure nature of the City, recognizing that much of the City is fully developed or committed to development through large-scale master plans. Consequently, the focus shifted to • Public Health and Safety infill development (development of remaining vacant properties within developed • Housing business districts and residential neighborhoods). With the emergence of new regional transportation plans in the mid-2000s and the State's mandate that cities consider global warming issues in their long-range plans, combined with the City's growing interest in creating opportunities for improved community health through land use, circulation, and related planning approaches, Rancho Cucamonga initiated a broad-based program to expand the scope of the Plan. The 2010 General Plan update takes a new approach to city-building through a commitment to the integration of systems (transportation, infrastructure, and land use), collaboration of efforts (residents, businesses, and City leaders), and full-circle comprehensiveness (property, block, neighborhood, and community levels). For Rancho Cucamonga, • An Introduction to the Rancho Cucamonga General Plan 1-2 RANCHO CUCAMONGA GENERAL PLAN Rancho Cucamonga Website - General Plan Page 1 of 2 lux Graphic Vcaun Site Map FAQs R R R Vi'edocsday,Scpaxba 12,zon Currently: Search For. 0 y 87°F �.. At+ntr die'Cot ' Cit}$emctc ;T City that! I-ant to, c`n'- City We irites n .a.Crmtaarrt�< `°.. Honepage>City Hall>Planning>General Plan r4 >9 Nanning General Plan About Us General Plan —_- Development Code Update Nanning Commission What is the City's General Plan? Current Projects Development Pen'its Every jurisdiction in California is required by State law to have a General Plan that covers at least seven topics: Land Use,CirculatioMransportadon,Housing,Conservation,Open Space,Noise,and Safety.Cities may include Fens and Applications optional elements that address issues of local importance. Development Code Handouts — ---- The City Council, Planning Commission, and City staff must refer regularly to the General Plan for guidance in making development decisions or recommendations. The City's General Plan also contains strong community Uniform Sign Programs design principles that have been applied to projects since the City's incorporation,which are visible in the high sock Grants(CMG) quality of site development,architecture and landscaping throughout Rancho Cucamonga today. Historic Preservation Prcgam Role of the General Plan Trails May_ The Rancho Cucamonga General Plan documents our shared vision of tomorrow, and defines the steps to Resouna progress from the present to the future.As a long-range policy document(with a projected horizon of 15 to 20 Helpful years),frequently referred to as the guidebook or'blueprint"for our City's development,the General Plan directs Glossary the look,the feel,and the experience of our City now and in the future. Planning FAQs------- The General Plan is the foundation for many of the City's regulatory documents,including the Development Code, RCTOPS redevelopment plans,specific plans,community plans,master plans,and design guidelines.The way we evaluate proposed developments and plan for future public services and community projects is guided by the General Plan. • The Plan defines how we will maintain economic sustainability,meet our transportation and mobility needs,protect of our limited natural and historical resources,and enhance our cultural assets.The Plan is comprehensive and looks at all aspects of our built environment and natural resources,with the overarching goal of maintaining and enhancing the health of Rancho Cucamonga and our residents. Since its incorporation in 1977, Rancho Cucamonga has revisited its General Plan on a consistent basis to measure progress toward goals and respond to changes in State law. The 2001 comprehensive General Plan update responded to the maturing nature of the City, recognizing that much of the City is fully developed or committed to development through large-scale master plans. With the 2010 General Plan update, the focus shifted to mull development (development of remaining vacant properties within developed business districts and residential neighborhoods).With the emergence of new regional transportation plans in the mid-2000s and the State's mandates that cities consider global warming issues in their long-range plans,combined with the City's growing interest in creating opportunities for improved community health through land use, circulation, and related planning approaches, Rancho Cucamonga initiated a broad-based program to expand the scope of the Plan. The General Plan takes a new approach to city-building that commits itself to the integration of systems (transportation,infrastructure,and land use),collaboration of efforts(residents,businesses,and City leaders),and full-circle comprehensiveness (property, block, neighborhood, and community levels). For Rancho Cucamonga, planning is action.It is not merely an exercise to meet State laws but a proactive way of realizing the City we strive to be. From Vision to Reality On May 19,2010,the City Council adopted the Rancho Cucamonga ` General Plan and certified the Environmental Impact Report 'Cloth,•t Crtc tiic-.n_ti \T The General Plan provides the policy guidance to create our shared future in Rancho Cucamonga: to transform our principles of i2 fl.l rill Plan community building that we hold strong,rg rig,aM hum them into a living reality.The Plan will enhance the quality of life for current and future generations,and strives for a comprehensive approach to nurturing our minds,bodies,and our earth. r � � The General Plan relies upon the Implementation Plan to provide the specific guidance that will lead to implementation of the goals and policies listed throughout the document. Through the Implementation Plan and the continued involvement of an engaged community, we will take our vision of the Rancho Cucamonga of the future,and turn it into a reality. For more information regarding the General Plan,contact the Planning Depannent at(909)477-2750 or check out the links below: http://www.cityofrc.us/cityhall/planning/genplan.asp 9/12/2012 Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report • • Responsibility, along with the San Diego Association of Governments and the Santa Barbara County/Cities Area Planning Council, for preparing the Southern California Hazardous Waste Management Plan pursuant to the California Health and Safety Code. SCAG has developed four regional plans for the Southern California region: the Compass Blueprint, the Regional Comprehensive Plan, the Regional Housing Needs Assessment, and the Regional Transportation Plan. All address growth and development in the six counties and 38,000 square miles that comprise the Southern California region (except for San Diego County). These plans were developed to provide a unified effort in addressing the needs, opportunities, resources, and issues that face the region. Compass Blueprint SCAG's Compass Blueprint program considers future growth in the region in response to the land use and transportation challenges facing Southern California. The program developed a regional vision that defines the desired future scenario for Southern California. The program's Growth Vision is driven by the need to: • Improve Mobility for all residents; • Foster Livability in all communities; • Enable Prosperity for all people; and • Promote Sustainability for future generations. The program takes the following into consideration for additional growth and includes the changing trends in these issues: population diversity; housing; jobs; transportation; land; and pollution, including. Research, surveys and workshops were conducted throughout the region, coupled with extensive land use and transportation modeling of the future scenario, to identify implementation tools that would help achieve the Growth Vision. In developing the Growth Vision for the Compass Blueprint program, SCAG's population, housing and employment forecasts show that the County of San Bernardino would have an estimated 3.13 million residents, approximately 972,561 households, and 1.25 million jobs by the year 2035, while the City of Rancho Cucamonga is projected to be occupied by 172,420 residents, with 55,181 households and 97,874 jobs by 2035. SCAG proposes to achieve the principles of Mobility, Livability, Prosperity, and Sustainability by: • Focusing growth in existing and emerging centers and along major transportation corridors, • Creating significant areas of mixed-use development and walkable communities, • Targeting growth around existing and planned transit stations, and • Preserving existing open space and stable residential areas. Regional Comprehensive Plan • SCAG's Regional Comprehensive Plan (RCP) provides a policy framework for regional planning in Southern California. The RCP calls for city and county involvement and coordination in R?ProjecIslHoglel007WEIR\Dr'M.10 Land Use021110,doc 4.10-2 Land Use and Planning Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impad Report • addressing regional issues related to growth management and development. It serves as an advisory document for preparing local plans and handling issues of regional significance, such as land use and housing, open space and biological habitats, water, energy, air quality, solid waste, transportation, security and emergency preparedness, economy, and education. The RCP promotes an integrated approach between SCAG, State and local governments, transportation commissions, resources agencies and conservation groups, the private sector, and the general public. The RCP embodies the principles of the Compass Blueprint program and addresses regional issues through its adopted goals, outcomes, and an action plan of constrained policies and strategic initiatives that can be implemented by the different cooperating agencies and entities. The Regional Housing Needs Assessment is discussed in Section 4.13, Population and Housing, and the Regional Transportation Plan is discussed in Section 4.16, Transportation and Traffic, of this EIR. Local Rancho Cucamonga General Plan California law requires every city to adopt a comprehensive, long-range plan for its physical development. The Rancho Cucamonga General Plan was last updated in 2001. The current General Plan meets the mandates of the California Government Code and includes the following chapters: • Chapter 1, Shaping the Future of Rancho Cucamonga: This is the introduction to the • General Plan. • Chapter Il, The Rancho Cucamonga Vision:This chapter expresses the City's vision for its future,which is anchored on the following values: o Keeping the Family at the Center, o Enhancing a Sense of Community, o Sustaining a Memorable Place, o Cherishing Our Legacy, o Designing Quality into Our Environment, o Being Involved in Our Community, o Maintaining a Strong Economy, o Operating the City Responsibly, o Shaping Our Surroundings, o Celebrating Community. • Chapter III, Developing the Community:This chapter addresses issues related to land use, transportation, housing, public facilities and services, community design, and economic development. This chapter includes the Land Use Plan for the City, which identifies the types, extent, locations, intensities, and distribution of planned land uses. • Exhibit 4.10-1, 2001 General Plan Land Use Map, shows the current Land Use Plan and Table 4.10-1 provides the area breakdown for each land use designation. R:wrojedsWngbW071EIR\D, fM.1O Land Use-021110 doc 4.10-3 Land Use and Planning planning is action. It is not merely an exercise to meet State laws, but a proactive • way of realizing the City we strive to be. Healthy RC: Mind, Body, and Earth The City recognizes the positive impacts that an individual's health can have on a person's overall life and lifestyle. The City also recognizes that community-wide efforts to increase health and well-being can multiply those impacts in terms of increased productivity, reduced healthcare costs, and enhanced community interaction and engagement, which also makes Healthy Mind, Body, and Earth valuable assets for businesses located within the City's borders. In response, the City launched "Healthy RC.° Healthy RC is a brand and a lifestyle that promotes a positive physical, social, and economic environment for all people who live, work, and play in Rancho Cucamonga. The Healthy RC Vision Statement is: "Healthy RC inspires a lifestyle that embraces a Healthy Mind, Body, and Earth, through lifelong learning and enrichment, active and healthy living, and environmental sustainability." The General Plan focuses on goals and policies that incorporate Healthy RC through three interrelated and integrated themes: a Healthy Mind, a Healthy Body, and a • Healthy Earth. Each General Plan Chapter has components that respond to each theme. Table I-1 identifies the Chapters that have a significant relationship with each theme. a`le' � 14410 PlnC j10, ece Healthy # eu3ey4bvsag 3 ac, +^w� t � RC .v,•.. Managing Land Use,Community Design,and ! O O O Historic Resources ,Community Mobility 0 0 • ,Economic Development 0 0 Community Services 0 0 0 Resource Conservation 0 Public Facilities and Infrastructure 0 0 0 Public Health and Safety 0 0 0 Housing = 0 0 0 Mind A Healthy Mind is stimulated by its environment making knowledge and leaming accessible to all. The General Plan focuses on creating a healthy mind as reflected in the goals and polices by strengthening the City's commitment to life-long education, awareness of social issues, thoughtful future planning, preservation of City history, and by encouraging an • abundance of culture and art experiences. An Introduction to the Rancho Cucamonga General Plan RANCHO CUCAMONGA GENERAL PLAN 1-3 E3 ` 7 .ate 'Pr i ,^ r- r n : viii, T 0� I II 1 _ `, ..t • `r." ' _ • I, r t� 1 :_- r.. , G ,A 'i , �r Chapter 2: • o< 7. it Managing Land Use, • t* Community Design, and Historic Resources R A N C H O C U C A M O N G A G E N E R A L P L A N Introduction Chapter 2: Rancho Cucamonga enjoys a wealth of high-quality resources. Through the City's Managing Land Use, strategic development efforts to provide a sustainable balance of residential, Community Design,and commercial, industrial, and recreational uses, the City has grown and prospered. Historic Resources Land use planning ensures that these land uses are located in proximity to each other to achieve economic efficiencies while minimizing incompatibilities. Following This Chapter consists of the the boom period of the early 2000s that resulted in an 87 percent build-out of the following sections: City, a dramatic slowdown in development occurred. As Rancho Cucamonga • Land Use achieves a degree of maturity, the primary challenge for land use planning will be to determine the best use for remaining infill properties- A second challenge will be to • Community Design guide re-use of aging commercial properties for long-term community and property • Historic Resources owner benefit. • Managing Land Use, Community Design, and Historic Resources RANCHO CUCAMONGA GENERAL PLAN LU-1 Community design is integral to balancing aesthetic qualities and functionality for the • many different land uses, which are required of a complete community. Such balance is necessary to maintain and enhance a community that is highly enjoyable for living, working, and recreation. In Rancho Cucamonga, a strong emphasis on community design has allowed the City to achieve a particular identity, incorporating the history and character qualities of the three communities that preceded it: Alta Loma, Cucamonga, and Etiwanda. Preservation of historic resources has allowed Rancho Cucamonga to retain its rich culture and heritage while facing growing and expanding development. The City is committed to preserving and developing aspects of the community that provide a sense of its origin and history. This Chapter focuses on land use, community design, and historic resources, and how they help shape the physical features of Rancho Cucamonga. Achieving Our Vision Rancho Cucamonga's stable residential neighborhoods, diverse commercial and industrial development, extensive parks and recreational facilities, and high-quality community amenities can be attributed to the City's long-standing commitment to land use planning and urban design. The City of Rancho Cucamonga's vision for land use, community design, and historic resources is reflected in the following Spirit of Rancho Cucamonga Guiding Principles: • The Spirit of Family • Rancho Cucamonga is a people-first community with a focus on families. We strive to create an environment that leads to stable and healthy families. • We continue to develop and maintain a system of high-quality, world-lass community parks and sports complexes that appeal to all ages and all interests,from local and regional leagues to national events. • We encourage the retention, rehabilitation, and development of a diverse housing stock that caters to residents in all stages of their lives. The Spirit of Innovation and Enterprise • We maximize the industrial economic development power of our rail and highway connections. The Foothill Boulevard, State Route 210, and 1-15 corridors are the core of our commercial development and provide both jobs for our families and revenues for our community services. Our economic base maintains a mix of cultural, residential, industrial, and local and regional commercial uses with stable development. • As we mature as a City, infill development will maintain our high standards and will complement existing development. The Spirit of Heritage • We have an abiding respect for the heritage we share. Our historic communities—Alta Loma, Cucamonga, and Etiwanda—are at the heart of our City and must be preserved, honored, and enhanced. We encourage the • preservation and restoration of historical buildings and cultural resources to recognize the contributions of our forefathers. Managing Land Use, Community Design, and Historic Resources LU-2 RANCHO CUCAMONGA GENERAL PLAN • Land Use In Rancho Cucamonga, vacant land has become a scarce resource. Land use decisions must be carefully crafted to protect established residential neighborhoods and plan for appropriate infill development while connecting land uses and transportation modes. These key objectives provide the framework for the City's land use strategies. Land use is a term that describes different types of activities that occur in a particular area. For example, some areas in Rancho Cucamonga contain homes while other areas contain stores, warehouses, parks, or schools. In some places, like Victoria Gardens, a mixture of uses creates an active and vital commercial and cultural center. This Land Use section describes the general location, type, and intensity of development throughout Rancho Cucamonga. The maps, graphics, and text in this section also define the distribution, intensity, and preferred form of land uses within residential neighborhoods, along key corridors, and on specific sites. The Land Use Policy Map (Figure LU-1) presents a pictorial representation of land use policy. Cumulatively, these policies will shape future development to maintain and enhance all areas of Rancho Cucamonga. Planning Context The pattem of development within Rancho Cucamonga is characterized by essentially a north/south split roughly along Foothill Boulevard. The northern two- • thirds of the City are predominately residential, while the southem third is largely industrial. Commercial centers are primarily clustered along Foothill Boulevard, Base Line Road, and several other major roadways. The northern edge of the Sphere of Influence is dominated by open space and hillside terrain. Table LU-1 identifies the land use distribution for the City and Sphere of Influence by general categories as of 2009. Table;UM;loathe Dtstrtbu** 2009 imitiliierw oY E33 /`Cr- iSna i1®}11 'Residential _ 10,310 125 10,435 39.3% Commercial 660 — 660 2.5% Mixed Use 702 -- 702 2.6% Industrial i 3,203 -- 3,203 12.1% 'Public Facilities ) 1,656 1,448 3,104 11.7% Schools i 536 -- 536 2.0% Parks 347 -- 347 1.3% Open Space and Conservation_ 707 1,186 1,893 7.1% Vacant _ 2,503 3,168 5,671 21.4% Total 20,624 5,927 26,551 100.0% Source:Rancho Cucamonga GIS data,2009. • Managing Land Use, Community Design, and Historic Resources LU-4 RANCHO CUCAMONGA GENERAL PLAN • Public facilities include government buildings such as City Hall, fire stations, and multi-purpose community facilities. Also induded in this category are infrastructure such as cellular towers; water, gas, and electrical transmission lines; electrical plants and facilities; water district facilities; and flood control facilities (catch basins, levees, storm drainage channels, and spreading basins). Rancho Cucamonga is a community that supports life-long learning with four elementary school districts (Alta Loma, Central, Cucamonga, and Etiwanda), one high school district (Chaffey Joint Union High School District), one community college (Chaffey College), and satellite facilities for other institutions of higher learning (University of La Verne and University of Redlands are examples). These facilities are distributed throughout the community. One of the City's most attractive assets is Rancho Cucamonga's world-class park system. The system features facilities throughout the community designed to meet the needs of residents of all ages. Preserving open space for environmental and aesthetic value is a primary objective of the General Plan. Open space can serve multiple functions such as groundwater recharge, wildlife conidors, and neighborhood connections. The largest significant open space remains within the City's Sphere of Influence. Many vacant lands have already been entitled for development but construction has not occurred. These parcels will continue to contribute to the community in the future through thoughtful design and development. Land Use Growth Strategy The General Plan reinforces established land uses attained in the City over the last 10 to 15 years by emphasizing protection of existing residential neighborhoods, and targeting of new residential, office, and commercial growth along major corridors, such as Foothill Boulevard and Haven Avenue south of Foothill Boulevard, where development opportunities exist on vacant or underutilized properties. The land use growth strategy will focus on the following three objectives: • Protect and maintain established residential neighborhoods . • Target new infill development opportunities • Integrate land use and transportation Protection of Established Residential Neighborhoods The City's neighborhoods reflect the history, strength, and character of Rancho Cucamonga, and the General Plan continues the City's practice of protecting, maintaining, and enhancing established residential neighborhoods. New development will be required to complement and reinforce the unique character of each neighborhood through sensitive infill projects and transitions in scale of development. Existing neighborhoods are stable and provide good access to parks and schools. The City is committed to fostering strong, safe, and vibrant neighborhoods, and ensuring that parks and schools are connected to a comprehensive trails and sidewalk pedestrian system. • Managing Land Use, Community Design, and Historic Resources LU-6 RANCHO CUCAMONGA GENERAL PLAN e. r^ ^aye; 'a.. ,.'�k�rj �,�••, Residence on Etiwanda • 7 c r Hit' n-ter h l Avenue. • in.Y4r y �, ' • r. 4I t . 4 sJ 1 �= , , ;r +. • —ems L_ '- 4-t ter.. ` y� 4iiY _- Infill Development Between 1999 and 2009, development largely occurred in the northeast Etiwanda portion of the City and around the Terra Vista and Victoria neighborhoods. In fact, most of those neighborhoods are now fully developed. However, many small opportunity areas remain, and vacant lots are located throughout the City where new development can take place. Struggling commercial shopping centers also present opportunities for revitalization. Successful infill development is characterized by overall residential densities that support public transit and commercial districts that offer a wider variety of • convenience services and amenities. Well-planned infill can create cultural, social, recreational, and entertainment opportunities, gathering places, and bring vitality to historic roadway corridors (e.g., Foothill Boulevard) and neighborhoods. Attention to the design of infill development is essential to ensure that the new development fits in with the established physical context and gains acceptance from surrounding residential neighborhoods. A cooperative partnership between government, the development community, neighborhood organizations, and other resources is essential to achieve infill success. Successful infill development has already occurred. For example, the Town Square development at the southwest corner of Haven Avenue and Foothill Boulevard has integrated residential and commercial development. - -- -- — - t —rte �; Y _.�..- ---- ---q «e The Town Square ¢ - - ' + %' development integrates r; commercial and residential m^' ° 5 development. tit I 799L9 _ rfl F - c t r Wf A ✓ Its., C ._, . �r iii `t.„„•q.A.t:....r... ,.. ,, + t •(:.i i �. ..�` • _ r 1.- 5 .aka R tr.�II 4 . — _ J ' III Managing Land Use, Community Design, and Historic Resources RANCHO CUCAMONGA GENERAL PLAN LU-7 .. , . . • • .. . t . . . • . . . . PLAN . ,. SP IE. CIF ,-..'• ... . . .. . it , 4• C- I . . ... . I.% . . • , -••• , . a .. .- =.....• • • ••-•• ___ •■•.. / ..._.....-„. ...--___. --.-....... _ — . -_ • - • -• . /......m-t ••••, '-‘ • - • p - ' -,4•■••1161•1 a- ra;■-• i :-. I -..... -..- . _ / •. =i •-• -- i:•••••••• ...* ' am•r,,..,..„,...-. '-._— •••■•..... ..._ aggy ' t 1P _ . 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'. ef .:-...... ...,, 10.1.■••ialli l''''....;Iti •rr..._ ....:-H -----— W....am.rwo 4 _t t_,_„.....,. --.=,---= ..----- --• . ma= - __--- —.:---- .... . •■ ,-.AM --•------- ....—• - _ __ _ ■—•------ • - -- • - _ . ..—. . :,‘ • , . • . • • . ill": • . . -.. ETIWANDA . „ ... . . ... • • . CoNGREGATIONAL • . • • .. . . . . .. . . . . •. . CHURCH • • .. i... . . . . . • CITY. OF RANCHO CUCAM[ONGA • Etiwanda Specific Plan Part I, Chapter 1 • CHAPTER 1 • Introduction • 1.1 INTRODUCTORY PROVISIONS - 1.11 CITATION • This ordinance'shall be known as the"Etiwanda Specific Plan.° 1.12 AUTHORITY FOR THE SPECIFIC PLAN The Etiwanda Specific Plan is adopted pursuant to the provisions of California Government Code Sections 64540 et seq. The law authorizes cities and counties to prepare and adopt specific plans for portions of their areas of jurisdiction as a means to implement the general plan. 1.13 CONSISTENCY WITH THE GENERAL PLAN The Etiwanda Specific Plan is based on the City of Rancho Cucamonga General Plan and related regulations and programs. The Plan includes detailed regulations, standards, and guidelines necessary and convenient for the implementation of the General Plan. The various land uses permitted by the Specific Plan are consistent with the goals,policies,and general land uses described in the General Plan. However,the Specific Plan focuses on those issues which directly affect and are of greatest importance to the Etiwanda community. Reference should be made to the General Plan for guidance concerning planning issues which are not covered by the Specific Plan. 1.14 RELATIONSHIP TO OTHER REGULATIONS The Specific Plan will provide the user with most of the information needed to determine what City policies, standards, and regulations will guide the development of a particular parcel. However, areas not specifically covered by this Plan (i.e. construction standards, health regulations,growth management,subdivision procedures, etc)will continue to be governed by existing City regulations, and no provision of this Plan is intended to repeal, abrogate, annul, impair,or interfere with any existing City ordinance except as is specifically repealed by adoption of this Plan. 1.15 CONFLICT WITH OTHER REGULATIONS Whenever the'provisions of this Plan impose more restrictive regulations upon buildings or structures,or on the use of lands,or require larger open spaces,yards,or setbacks,or otherwise established more restrictive regulations than are imposed or required by any-other law, title, ordinance, code, or regulations, the provisions of this Plan shall govern. • 1-1 4/96 • • • Etiwanda Specific Plan � Part I, Chapter 1 1.22 RESOLUTION OF UNCERTAINTIES , Unless otherwise provided,any ambiguity concerning the content or application of the Etiwanda • Specific Plan shall be resolved by the Planning Commission. • 1.23 DEFINITIONS • NOTE:Terms or phrases not specifically listed below shall be construed according to the definitions section of the City Development Code. ABUTTING: Having lot lines or zone boundaries in cdmrrwn. ACCESSORY BUILDING: A building which is incidental to and customarily associated with a specific principal use or facility. ANIMAL HOSPITAL: A facility in which animals or pets are given medical or surgical treatment and are cared for during the time of such Treatment, and in which the boarding of such animals • or pets is only incidental to the medical or Surgical treatment and care thereof. BASE DISTRICT: A district created by this ordinance establishing regulations governing land use and site development. Not more than one base district designation shall apply to the same • portion of a lot. • CHURCH: A use located in a permanent building and providing regular or organized religious • worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to the Constitution of the State of California and of the Revenue and Taxation Code of the State of Califomiaishall constitute prima facie evidence that such use is'a church as defined herein: CITY: The City of Rancho Cucamonga. COCKTAIL LOUNGE: A use providing preparation and retail sale of alcoholic beverages, on a licensed "on-sale" basis, for consumption on the premises, including taverns, bars, and similar • uses. • DEPARTMENT STORE. JUNIOR: A retail store offering a limited line of general merchandise items, containing a floor area of less than 50,000 square feet. • DRIVE-IN.DRIVE-THROUGH: Outdoor service provided by a business establishment by means of a window counter accommodating persons in vehicles. DWELLING UNIT: A single unit providing complete,independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. • DWELLING, SINGLE FAMILY: A building containing one dwelling unit. • DWELLING, DUPLEX: A building containing two dwelling units. DWELLING. TRIPLEX: A building containing three dwelling units. 1-3 4196 1 . • Etiwanda Specific Plan Part H, Chapter 5 • All businesses, services, and processes shall be conducted entirely within a completely enclosed structure except for the following: (a) Permitted or conditional uses that require outdoor sales, display, or storage areas such as service stations, automobile sales and service agencies, nurseries and garden supply stores, and similar establishments. (b). Sidewalk sales and similar outdoor retail activities conducted in conjunction with a permitted or conditional use, subject to Special Event Provisions of the Development Code. • • ,(c) Off-street parking and loading. 1 • .307 General Provisions arid Exceptions: • All uses shall be subject to the.provisions of Article 5.21 and all applicable provisions • of the Development Code. • .308 Master Plan of Development Required: • Prior to the Development of any part of a site, a Master Plan of future development for the entire site shall be approved by the City. .309 -Setbacks: { (a) • Along public streets: Must meet special setbacks, Section 5.31.302, but no less than 25 feet from property line. (b) Along interior lot lines at District Boundaries: • 25 feet adjacent to a Residential District 10 feet adjacent to a Non-Residential District .310 Landscaping: (a) In public parkways: Must meet streetscape provisions of Section 5.31.300. (b) Along public streets: Required setback shall be fully landscaped. Landscape theme to complement streetscape theme provisions of Section 5.31.300. (c) Buffers along interior lot lines at District Boundaries: Windrow style planting in accordance with Article 5.41. (d) Remainder of Site: No less than 5 percent of remaining land area to be in planters; no less than 1 tree per 3 parking spaces. Parking areas are to be screened from public streets through the use of berrning and appropriate landscape materials. .311 Relationship to Existing Uses: 5-18 4/96 • • • Etiwanda Specific Plan Part II, Chapter 5 • Where proposed commercial of office professional development abuts on an . established existing use of lesser or equal intensity,or on a school,.church,or other sensitive use,such new development shall recognize and respect existing conditions and uses,and shall be designed with sensitivity to minimize impact on the existing uses. Design considerations shall include building orientation and its relationship to established uses, adequate buffering, height limitations to prevent sightline _ intrusion,..structural setbacks, location,of trash enclosures, and other design • solutions as may be necessary to assure compatibility of existing and future uses. However,adjacent to the existing Myohoji Temple,the setback shall not be less than •35 feet. • .312 .Height Limitations: , ' . / ' "X The height limitation id 2-1/2 stories or 35 feet, whichever is less. However, in no case shall the height of proposed structure or building exceed 20 feet or 2 stories within 100 feet of an existing residential, school, or church use. .400 Neighborhood Commercial Provisions .401 Conditional Use Permit required: ' • Prior to the development of a Neighborhood Commercial center or any part thereof, approval of a Conditional Use Permit and a master plan for the entire site shall be _ -required. •• .402 FoothilVEast Avenue Location: • This site has been selected for Neighborhood Commercial,use with specific intent to allow for partial preservation of the existing Eucalyptus grove. The site plan for such use shall incorporate as many existing trees as possible, but no less than 60 . • percent of the area of the grove nor less than 25 percent of the trees. Provisions shall also be made for a 20 foot wide Greenway through the interior boundary near the northwest corner of the site for future connection to the Community Trail system and Miller Park. .500 Community Service District Provisions .501 Purpose It is the purpose of the CS District to provide opportunities for limited or specialized, low-impact commercial and quasi-commercial services in a residential setting with the express intent to: •, (a) Provide a community focal point at one of the entrances to the Etiwanda community, to (b) Reinforce a sense of community identity, and to (c) Encourage perpetuation of those elements and features which provide a tie i to Etiwanda's heritage. j 5-19 4/96 Rancho Cucamonga Development Code Article I, Chapter 17.02 • Chapter 17.02 Purpose and Applicability Sections: Section 17.02.010 Purpose and Intent 17.02-1 Section 17.02.020 Applicability of Regulations 17.02-1 Section 17.02.010 Purpose and Intent A. Title. This Title is known as the Development Code of the City of Rancho Cucamonga. B. Authority. This Title is adopted pursuant to the authority granted to the City of Rancho Cucamonga by California Government Code §65800 et seq. C. Purpose and Intent. These standards and guidelines for the City of Rancho Cucamonga are hereby established and adopted to protect and promote the public health, safety, morals, comfort, convenience, and welfare, and more particularly to: 1. Implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan. 2. Protect the physical, social, and economic stability of residential, commercial, • industrial, and other land uses within the City to assure its orderly and beneficial development. 3. Reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements. 4. Attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning. D. Consistency with the Land Use Element of the General Plan. No use of land or buildings for which an application is required pursuant to this Title is to be approved for processing under this Title unless it is consistent with the Land Use Element of the General Plan. In the event of any conflict between this Title and the Land Use Element, the Land Use Element shall prevail. A proposed use is consistent with the Land Use Element when all of the following conditions exist: 1. The proposed use is in conformance with the programs and standards of the Land Use Element. 2. The proposed use is to be established and maintained in a manner that is consistent with the Land Use Element and all applicable standards contained therein. Section 17.02.020 Applicability of Regulations This Title applies to all land uses, structures, subdivisions, and development within the City of • Rancho Cucamonga, as follows: 17.02-1 Article I, Chapter 17.04 Rancho Cucamonga Development Code • B. Grading Review Committee. The Grading Review Committee is responsible for reviewing grading plans for conformance with adopted grading standards and policies as well as reviewing water quality management plans. The committee is comprised of representatives from the Planning, Building and Safety and Engineering Departments. Their focus is on the adequate provision for on- and off- site drainage, management of water flow around structures, the aesthetic impact of proposed excavation and/or fill, and minimizing grading (especially in hillside areas). C. Design Review Committee. The Design Review Committee is responsible for reviewing the architecture (including material, finish, colors, and trim), site layout, building plotting, landscaping, compatibility with surrounding properties, and, when appropriate, signs, of new development. The committee's emphasis is on quality design in the community as described in the City's General Plan and this Title. The Design Review Committee consists of two Planning Commissioners and the Planning Director(or his or her designee). D. Technical Review Committee. The Technical Review Committee ensures a project conforms to adopted building and engineering standards. The Technical Review Committee consists of representatives from Planning, Engineering and Building and Safety departments, as well as the Rancho Cucamonga Fire District. Representatives from outside agencies, such as the Cucamonga Valley Water District (CVWD), also provide comments. The focus of their review includes, but is not limited to, public improvements (such as streets, curbs, gutters), access to and from the public right-of-way and the project site, utilities, emergency access and • circulation, fire hydrant locations, and landscaping in the public right-of-way. E. Trails Advisory Committee. The Trails Advisory Committee is composed of two members of the Planning Commission and one member of the Planning Department, as well as equestrians and bicyclists. The Committee meets monthly to discuss and provide recommendations to the City Council on the development of the City's trail system. F. City Manager. The City Manager or designee shall oversee the work of the Planning Director and shall exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council. G. Planning Commission. Pursuant to California Govemment Code §65101, and as provided in Chapter 2.20, the City of Rancho Cucamonga has an established Planning Commission. The Planning Commission shall have the following land use responsibilities: 1. Hear and decide applications for entitlements as provided in Article II (Land Use and Development Procedures). 2. Initiate studies of amendments to this Title and make recommendations to the City Council for amendments as provided in Article II (Land Use and Development Procedures) and in Government Code §65853. 3. Hear and make recommendations to the City Council on applications for zoning amendments, the General Plan and amendments thereto, Specific • Plans, prezoning, and other related planning studies. 17.04-2 Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Wiped Report • Chapter V, Maintaining Public Health and Safety: Chapter V addresses issues related to seismic (earthquake) and geologic hazards, flood hazards and inundation, fire and emergency services, emergency preparedness, hazardous materials, crime and crime prevention, miscellaneous hazards, noise, and air quality. It identifies public services and facilities needed to support safety functions, and it expresses the City's commitments to a safe living environment. • Chapter VI, Implementing the General Plan: Chapter VI describes set strategies for carrying out the goals and policies of the General Plan. This includes the Development Code's consistency with the General Plan, the commitment of organizational resources and procedures, and the use of various funding and financing mechanisms. Rancho Cucamonga Development Code Title 17 of the Rancho Cucamonga Municipal Code is the City's Development Code. The Code contains regulations that identify the permitted land uses on all parcels in the City through assigned districts, along with applicable use regulations, site development criteria (e.g., lot size, density/intensity, yard setbacks, open space, heights, parking, landscaped areas), performance standards, and general design regulations (e.g., site design, building orientation, access, parking areas, landscaping, fencing/screening, lighting, building design). The Code's main purpose is to protect and promote the public's health, safety, morals, comfort, convenience, and welfare, along with the following more specific purposes: 1. To implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan; • 2. To protect the physical, social, and economic stability of residential, commercial, industrial, and other land uses within the City to assure its orderly and beneficial development; 3. To reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements; and 4. To attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource plans. The Code does not allow development that is not consistent with the Land Use Chapter of the General Plan in terms of allowable land use, as shown in the Land Use Map and conformity with the programs and standards of the Land Use Chapter. Rancho Redevelopment Project The Rancho Redevelopment Project was adopted in 1981 and revised in 1987, and encompasses an approximately 8,500-acre area at the southern section of the City, generally south of the State Route (SR) 210 Freeway; east of Haven, Hermosa and Archibald Avenues; north of 4th Street; and west of Etiwanda Avenue. It also includes the commercial corridor along Foothill Boulevard. This area is developed with industrial uses in its southern section, commercial uses at its center, and residential uses on the northern section of the project area. The Redevelopment Agency activities have included attracting new businesses into the area, • improving roadway and infrastructure systems, providing public services, and creating employment and recreational opportunities. The Agency has also been involved in rehabilitating existing structures, acquiring land, constructing new buildings, and developing or rehabilitating 13:1ProjecIstogie\JDOTEIRlDraM4.10 land use02111e.aoo 4.10-5 Land Use and Planning Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report During the early 2000s, the opening of the portion of the SR-210 Freeway in the City lead to significant residential development in the City's northeastern section of the City, with the Victoria Gardens Lifestyle Center opening in 2005. Various commercial uses were then developed south of the mall and along Foothill Boulevard near the 1-15 Freeway. Today, the City is estimated to be 87 percent built out, with the majority of undeveloped land in the SOI, where approximately 4,156 acres of land remain vacant. Exhibit 4.10-2, Existing Land Uses, shows the existing land uses, and Table 4.10-1 provides the acreage breakdown of these land uses. Over 2,600 acres of vacant land remain in the City, with an additional 4,156 acres in the 501. The vacant lands within the City are located on scattered sites and are surrounded by urban development, except for the larger parcels along and near the Etiwanda Creek at the northeastern section. The vacant lands in the SOI consist of large, contiguous parcels outside the Deer, Day, and East Etiwanda canyons and creeks. 4.10.3 THRESHOLDS OF SIGNIFICANCE The following significance criteria are derived from Appendix G of the State CEQA Guidelines. A project would result in a significant adverse impact related to land use and planning if it would: Threshold 4.10a: Physically divide an established community; Threshold 4.10b: Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the • general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect; and/or, Threshold 4.10c: Conflict with any applicable habitat conservation plan or natural community conservation plan. 4.10.4 GENERAL PLAN GOALS AND POLICIES A number of goals and policies in the proposed 2010 General Plan Update address protection of the City's residential neighborhoods and other desirable land uses. Implementation of these goals and policies and their corresponding implementation actions would reduce impacts on land use and planning. The Land Use, Community Design and Historic Resources Chapter includes goals and policies related to land use, as follows listed below. GOAL LU-1: Ensure established residential neighborhoods are preserved and protected, and local and community-serving commercial and community facilities meet the needs of residents. Policy LU-1.1: Protect neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. Implementation Action: Review and amend the residential zoning classifications of the Development Code to ensure that the allowable land uses are compatible with densities of residential neighborhoods. • Policy LU-1.2: Designate appropriate land uses to serve local needs and be able to respond to regional market needs, as appropriate. R:'Pmjedswo9Io\7\EIR'Dren4t.10 Land uoo021110.doc 4.10-7 Land Use and Planning Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report • • Responsibility, along with the San Diego Association of Governments and the Santa Barbara County/Cities Area Planning Council, for preparing the Southern California Hazardous Waste Management Plan pursuant to the California Health and Safety Code. SCAG has developed four regional plans for the Southern California region: the Compass Blueprint, the Regional Comprehensive Plan, the Regional Housing Needs Assessment, and the Regional Transportation Plan. All address growth and development in the six counties and 38,000 square miles that comprise the Southern California region (except for San Diego County). These plans were developed to provide a unified effort in addressing the needs, opportunities, resources, and issues that face the region. Compass Blueprint SCAG's Compass Blueprint program considers future growth in the region in response to the land use and transportation challenges facing Southern California. The program developed a regional vision that defines the desired future scenario for Southern California. The program's Growth Vision is driven by the need to: • Improve Mobility for all residents; • Foster Livability in all communities; • Enable Prosperity for all people; and • Promote Sustainability for future generations. The program takes the following into consideration for additional growth and includes the changing trends in these issues: population diversity; housing; jobs; transportation; land; and pollution, including. Research, surveys and workshops were conducted throughout the region, coupled with extensive land use and transportation modeling of the future scenario, to identify implementation tools that would help achieve the Growth Vision. In developing the Growth Vision for the Compass Blueprint program, SCAG's population, housing and employment forecasts show that the County of San Bernardino would have an estimated 3.13 million residents, approximately 972,561 households, and 1.25 million jobs by the year 2035, while the City of Rancho Cucamonga is projected to be occupied by 172,420 residents, with 55,181 households and 97,874 jobs by 2035. SCAG proposes to achieve the principles of Mobility, Livability, Prosperity, and Sustainability by: • Focusing growth in existing and emerging centers and along major transportation corridors, • Creating significant areas of mixed-use development and walkable communities, • Targeting growth around existing and planned transit stations, and • Preserving existing open space and stable residential areas. Regional Comprehensive Plan SSCAG's Regional Comprehensive Plan (RCP) provides a policy framework for regional planning in Southern California. The RCP calls for city and county involvement and coordination in R:WrojeasWogIe\. tEIRtdsft1410 Land Useo71110.doc 4.10-2 Land Use and Planning Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report addressing regional issues related to growth management and development. It serves as an advisory document for preparing local plans and handling issues of regional significance, such as land use and housing, open space and biological habitats, water, energy, air quality, solid waste, transportation, security and emergency preparedness, economy, and education. The RCP promotes an integrated approach between SCAG, State and local governments, transportation commissions, resources agencies and conservation groups, the private sector, and the general public. The RCP embodies the principles of the Compass Blueprint program and addresses regional issues through its adopted goals, outcomes, and an action plan of constrained policies and strategic initiatives that can be implemented by the different cooperating agencies and entities. The Regional Housing Needs Assessment is discussed in Section 4.13, Population and Housing, and the Regional Transportation Plan is discussed in Section 4.16, Transportation and Traffic, of this EIR. Local Rancho Cucamonga General Plan California law requires every city to adopt a comprehensive, long-range plan for its physical development. The Rancho Cucamonga General Plan was last updated in 2001. The current General Plan meets the mandates of the California Government Code and includes the following chapters: • Chapter I, Shaping the Future of Rancho Cucamonga: This is the introduction to the • General Plan. • Chapter II, The Rancho Cucamonga Vision: This chapter expresses the City's vision for its future,which is anchored on the following values: o Keeping the Family at the Center, o Enhancing a Sense of Community, o Sustaining a Memorable Place, o Cherishing Our Legacy, o Designing Quality into Our Environment, o Being Involved in Our Community, o Maintaining a Strong Economy, o Operating the City Responsibly, o Shaping Our Surroundings, o Celebrating Community. • Chapter III, Developing the Community:This chapter addresses issues related to land use, transportation, housing, public facilities and services, community design, and economic development. This chapter includes the Land Use Plan for the City, which identifies the types, extent, locations, intensities, and distribution of planned land uses. Exhibit 4.10-1, 2001 General Plan Land Use Map, shows the current Land Use Plan and • Table 4.10-1 provides the area breakdown for each land use designation. R:wrojeSU1ogleU0W'EIR'Draft\4.1O Land us•021110.d« 4.103 Land Use and Planning Rancho Cucamonga 2010 General Plan Update Drag Program Environmental Impad Report • Chapter V, Maintaining Public Health and Safety: Chapter V addresses issues related to seismic (earthquake) and geologic hazards, flood hazards and inundation, fire and emergency services, emergency preparedness, hazardous materials, crime and crime prevention, miscellaneous hazards, noise, and air quality. It identifies public services and facilities needed to support safety functions, and it expresses the City's commitments to a safe living environment. • Chapter VI, Implementing the General Plan: Chapter VI describes set strategies for carrying out the goals and policies of the General Plan. This includes the Development Code's consistency with the General Plan, the commitment of organizational resources and procedures, and the use of various funding and financing mechanisms. Rancho Cucamonga Development Code Title 17 of the Rancho Cucamonga Municipal Code is the City's Development Code. The Code contains regulations that identify the permitted land uses on all parcels in the City through assigned districts, along with applicable use regulations, site development criteria (e.g., lot size, density/intensity, yard setbacks, open space, heights, parking, landscaped areas), performance standards, and general design regulations (e.g., site design, building orientation, access, parking areas, landscaping, fencing/screening, lighting, building design). The Code's main purpose is to protect and promote the public's health, safety, morals, comfort, convenience, and welfare, along with the following more specific purposes: 1. To implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan; • 2. To protect the physical, social, and economic stability of residential, commercial, industrial, and other land uses within the City to assure its orderly and beneficial development; 3. To reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements; and 4. To attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource plans. The Code does not allow development that is not consistent with the Land Use Chapter of the General Plan in terms of allowable land use, as shown in the Land Use Map and conformity with the programs and standards of the Land Use Chapter. Rancho Redevelopment Project The Rancho Redevelopment Project was adopted in 1981 and revised in 1987, and encompasses an approximately 8,500-acre area at the southern section of the City, generally south of the State Route (SR) 210 Freeway; east of Haven, Hermosa and Archibald Avenues; north of 4th Street; and west of Etiwanda Avenue. It also includes the commercial corridor along Foothill Boulevard. This area is developed with industrial uses in its southern section, commercial uses at its center, and residential uses on the northern section of the project area. The Redevelopment Agency activities have included attracting new businesses into the area, • improving roadway and infrastructure systems, providing public services, and creating employment and recreational opportunities. The Agency has also been involved in rehabilitating existing structures, acquiring land, constructing new buildings, and developing or rehabilitating R:IProjeds\HogleVX07lEIR\IhefM.10 Land Use-021110(lac 4.10-5 Land Use and Planning TAB 23 1 .� v • - :• IP • w .f'* S of f . -r; Z f y..• ;Y 1 .. qv eta lip 1 ..," A. r . o * `` ! F ♦ '1 1 ali vs, sip - a. 14.1ealaNt.grawtaavA 4. .. se* - • f 4 • . .• •;, ' • -... :•, , -,•. , ‘4 ' • $- i . r N EN it 41/ 0\ §:: (.. 0 415 NT^ i . IIIP op. . i:9 11 - flit • ' 'P! . h` 4, [- 1 • iso$4-- • s s _. f, • tr t A o • v • i \r `i, ( t _ w r, r 4,tu ' 1 . 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L .: __ -\ Sri ' (4 - -s.•�-' ..1-•• f, = A aJ ill I iii U z ,---. ii*t, . I 6.! ! < ik - _ _ .6411r. ......k •1 ,,, . lin x1� t ._ o -Sit - I,- - --1-- _I%-..-t... .".._l_....-. .1, .: .. % i '41. - U r, .p • I i me g-1,-..,.. N F.r f 4 f r -'.� a 1 z Q 1L41 1,1114 • } u- 1 .71 L- 1 I j ' I 'it a4 , ' s r r' ' .44 X;. Ilf i 1 '1. it I r- ti , HOW NEARBY CITIES' LAND USES HAVE PROTECTED THEIR II 11111 RESIDENTS FROM DIRECT CONTACT WITH FUNERAL HOMES N Pierce Brothers Griffith Mortuary w . I ► E 13002 Central Avenue Chino, CA 91710 s Dr Riverside Ur COMMERCIAL CORRIDOR FINANCIAL. (BANK). Parking Lot RETAIL 1953 SFR:1946 MULII- aep FAMILY(I.) i 1960 SFR:1940 >• 0 ' O w a U V ALLEY ALLEY `a 4 SFR: SFR:1941 — 6 UNKNOWN (POST 19101 SFR:1936 triG CO 2 SFR:1946 " O SFR:1938 0 '"I'l 0 DUPLEX:1985 i..1 0 , ^ SFR:1938 /� � SFR:1912 �/rJ Church Church SFR:1939 r Parking Lot 4—J U Lo BSt o • +.I SFR: Church 1— 1926 Land DUPLEX: Mortuary. � 1935 Church 1910 0 L d SFR:1952 SFR:1905 " a SFR:1950 D.; 0 SFR:1915 a 0 SFR:1952 Chiropractic: 8 SFR:1912 SFR:1901 ALLEY ALLEY SFR:1936 RETAIL SFR:1912 2 SFR:1985 SFR:1936 SFR:1924 OFFICE SFR:1936 LOCKSMITH 2 SFR:1938 SFR:1912 SFR:1936 AUTO d SFR:1936 t- SFR-1912 REPAIR SFR:1936 RETAIL St ■ Parcel C St SFR=SINGLE FAMILY RESIDENCE NOTE: ONLY 2 SFRs PRE-DATE THE MORTUARY THE MORTUARY IS LOCATED ON A C 0 M M E RC I A L CORRIDOR NONE OF THE SURROUNDING SFRs FACE THE MORTUARY DIRECTLY (Nor Do Their Rear Yards Have Unobstructed Views Of The Site or Its Traffic) ONLY 3 SFRs FACE THE SAME COMMERCIAL CORRIDOR (They were all built AFTER the Mortuary Property) • PROPERTY RECORDS INDICATE THE PREVIOUS MORTUARY OWNER ORIGINALLY OWNED &CONTROLLED THE PARCELS DIRECTLY ABUTTING THE MORTUARY Source:Realist Tax Records/10.30.12/oan id 1 r'. 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I _ _, I , ._. _ _ 1.. 4 . . i _ • _C r i ` • •'•-•- lwr• ,-; 1! -.1 ' e'llig> je . ,.,'''. f. -0 ____ II— A (..„. i---.1.' .... ro irt4,71 4 i- ' tc: i ! -cu ..4.---.4 -4-4,0 __,z r. 06 1-;,'4 # : -rait-,� O lilts r .0 ;: t. t• 1 ,• , • > 11,.....c:....:., .,....-..-..- . : ,:. , ...77, . ;. ca `L,'; • •.-..., I' ..--. :/..i.n.I-.);-.2:14: . .._._:-. UL ,< Ali "• -"'• '•� r F _n 3 u N r . J._ f81 I . 'ii •p p a.t...i )i i i t .. 'l • ,ai r - C e,� 04 . ,_,..1 ?... 11,: _., ..., • . . 14 . I .L It"7.-- . :_ . it ;,:., 1 • IP!' 1.4. _.-- e. stilt ! ,10 0 . 4-d i W - .___, V) , .1t.,,1 4 ,.- "it: o : v) -: (1) i 1 sior:.4 7::. 2. . = - 0 . 1"•-• (...) r _ , v, ,rip s — - (J7 — co= t` - = an F i co it— c0 0 r cc . ,. . lift S " It 1.0 .' Cl) t Fi 2 1, Y 1 ( • -.Tel Q • i•v ' I R wi Fr !ro •, :rt r., - V• t'''.4. �_ t• < _ .1 1 J. • . 4 O ~=r . i . ' li g I itt '. . • i •r i t - -. -I —T'tifi ,..__. . L k• 11: - . .1 '17': ...S.... , - 1 $::1 t — ime li is t• , 1 U `fi L .fE A•D . _. , --•... __ _ . _________ ,_. _ _,..„ • . . . r -,...-- U *----- - . ,' t .1 1• 1 • F ,eJ. ffr r • 4akt r' i. t' i E 4 t • • , rift ... c . , , _ , ,... 1 _. . . . 46, . ..*-5. ,:, .. _ ,,,,. .,-.1 : - ' Iii. s_ _ '.. 1 • HOW NEARBY CITIES' LAND USES HAVE PROTECTED THEIR RESIDENTS FROM DIRECT CONTACT WITH FUNERAL HOMES N Stone Mortuary 355 E. 9th Street w if E Upland, CA 91786 s Washinc c . S RESTAURANT CITY OF SENIOR a u.a C St c UPLAND APARTMENTS: ^, CU• a a c ; T --. :-Je noni..=;e- f: ! 4111-.. .. loi (n• **■ L II° 1 s / • r j, , ,ems LL -..z f CI) 0 i eL i • �'ylrl _t I r O V) • :..,,,,. ----1"-iiif.c.i.' ....) +.4(1) r. 1..."114 iliv, Li R I ' F . ' ;ii'' J.. A a ab 3,2' co ... 1 a �1 , , 1 :O r m ..,lit I #a!\ r C 0 v4 Q.) % , .,, . ... • . • ! . ,. ...J � lit. %a I I O � O stilik_ u �•am'a-,ve * ' �, I U t/1 i1 ° .1 0 .1 1, ti _ __ ''‘0 ja !. , ,.: rir- i . , I ; 1 I AIM al 1 S L lir- . .... .i....... gi . k:ii . __ , "Al. :--. •i -. fr.ct iii_ r CO ', ate-+ ��] r-. J . A j, 411'.' ' -..s• . r r, _ . . B . .i: 2,..:. . , : : . u 1 , ! co T II it N - cu• Cll ro 1111- .. imp.31111 _ l — - 4*, }- �G ■ 00" ` . \ ! It", t '°-�4.;S �• i 1 Eli ' I Mr ` 1':.' ter. ‘, \\ 1l •r> :a Ili �, .4 I site. 6lig_ !` f 4 w ` t Jam\ `• ..- , C u CU „., ` = o ._ • O J p s O u C . , :). s \., v) 0 , i • ,I t .. 4,... I t.i . h,,,, 4s IJ T 4 0 '.I ._ A iris i L w .,4. �t . I' � CLEM 1 1*- ♦ I,S i' - '.R a.. 'CAI ,.r -, - •i 1 ve lad Awe . 717 er0:111 4 PM ,i 4.,,,,,,, � II J t ' dr .. j..f1 1 .V In ” - • , . ' '. 1► ' I C a)J I I v • • . c O r e � q._ . I ' 1 _ �� _ tea t� I * , t k $ . ! t _la, v '�j J TAB 25 Multiple Building Property Summary AT 2,73/40;44,7W71 4* 4 N/A 6,762 13,632 $550,000 .s.. Beds Bldg Sq Ft Lot Sq Ft Sale Price It ! , --- f$ N/A 1910 (FUNERAL HM 09/1986 Baths Yr Built Type Sale Date _-- ► I ration Owner Information Owner Name: Pierce Brothers Tax Billing City &State: North Hollywood, CA Mail Owner Name: Pierce Brothers Tax Billing Zip: 91609 Tax Billing Address: Po Box 3977 Location Information Zip Code: 91710 TGNO: 641-G7 Carrier Route: 0005 Census Tract: 6.05 School District: Chino City Topography: Flat/Level Comm College District Code: Chaffey Tax Information APN : 1020-042-01-0000 Lot: 11 Improved: 54% Block: 31 Tax Area: 1010 Water Tax Dist: Chino Basin Imp C fax Appraisal Area: 07 Fire Dept Tax Dist: Chino Val Independen Legal Description: TOWN OF CHINO LOT 11 AND LOT 12 BLK 31 EX ST ***** 1-24-96 96-025931 (ST) ***** Assessment & Tax Assessment Year 2011 2010 2009 Assessed Value-Total $607,185 $602,647 $604,079 Assessed Value - Land $279,335 $277,247 $277,906 Assessed Value-Improved $327,850 $325,400 $326,173 YOY Assessed Change ($) $4,538 -$1,432 YOY Assessed Change (%) 0.75% -0.24% Tax Year Total Tax YOY Tax Change ($) YOY Tax Change(%) 2009 $6,383 2010 $6,384 $1 0.01% 2011 $6,440 $56 0.87% Special Assessment Tax Amount General Tax Levy Pool $6,071.85 Chaffey College Bond $92.89 Chino Unified Bond $210.08 Wv Mosq &Vector Cntrl #1 $34.50 Metro Water Orig Debt Svc $22.46 Metro Water-Water Stby $7.29 Total Of Special Assessments $6,439.07 Characteristics •:ounty Land Use: Mortuary Total Units: 2 Courtesy of WENDY SANDOVAL, California Regional MIS ��a•. ° F L. V �,., :°d,r..� ,e�, „ ,z Property Detai _ . ,. .e. rr p. .,t 'B finis•epo ctn rY�anVne>b'e m,nty vn.ronu..b+, /of att.-tad Al-tie- C_WI_t _ _ vy-°% mat. , • a t e. 1 ,a z _ N/A 6,111 23,200 N/A P,• Beds Bldg Sq Ft . Lot Sq Ft Sale Price i ; N/A 1919 CEMETERY I N/A Baths Yr Buitt Type Sale Date i •:"1.9161.414 Microsoft cm Farit; Owner Information Owner Name: Custer Christiansen Covina Tax Billing City & State: Whittier, CA Owner Name 2: Mortuary Inc Tax Billing Zip: 90601 Mail Owner Name: Christiansen Covina Custer Tax Billing Zip+4: 1626 Tax Billing Address: 3888 Workman Mill Rd Owner Occupied: No Location Information Zip Code: 91723 Comm College District Code: Mt San Antonio Carrier Route: C039 TGNO: 599-B5 Zoning: CVTCC* Census Tract: 4061.02 School District: Covina VIy Topography: Rolling/Hilly Tax Information APN : 8445-010-009 Block: 10 % Improved: 250/0 Water Tax Dist: Upper San Gabriel Va Tax Area: 3040 Fire Dept Tax Dist: Consolidated Co Lot: 13 l__egal Description: COVINA (EX OF STS) LOT 11 AND ALL OF LOT 12 AND W 20 FT OF LOT 13 Assessment & Tax Assessment Year 2012 2011 2010 Assessed Value-Total $868,000 $1,131,000 $961,347 Assessed Value- Land $652,000 $850,000 $532,175 Assessed Value-Improved $216,000 $281,000 $429,172 YOY Assessed Change ($) -$263,000 $169,653 YOY Assessed Change (%) -23.250/0 17.65% Tax Year Total Tax YOY Tax Change ($) YOY Tax Change(%) 2009 $12,964 ., _ __ 2010 $13,104 $140 1.08% 2011 $15, 187 $2,083 15.89% Characteristics County Land Use: Cemetery/Mausoleum Building Sq Ft: 6,111 Universal Land Use: Cemetery Gross Area: 6,111 Lot Acres: 0.5326 Year Built: 1919 Lot Area: 23,200.449 # of Buildings: 1 Market Sale & Sale History Recording Date: 05/12/1994 Owner Name: Custer Christiansen Covina Document Number: 921037 Owner Name 2: Mortuary Inc Deed Type: Grant Deed Seller: Flanagan Trust Recording Date 05/12/1994 05/09/1990 05/26/1988 ale Date 03/1990 04/1988 Courtesy of WENDY SANDOVAL, California Regional MLS . ... 3 ,,n.n .-,. --s . - . . . , Property Detai (..- .. r .9 'r a L � "" �. .3L�1' ^(V '.. l l °- \1VO\X` ,1cLUR ,iLfr-C U ILta&tu CCt- "I I -r(.ebL Multiple Building Property Summary 1 a �''°G Z••�:.— •� N/A 15,310 62,800 N/A -, V.; • - Beds Bldg Sq Ft Lot Sq Ft Sale Price • N/A I 1961 FUNERAL HM' N/A 7• 1 .r - In Baths Yr Built Type Sale Date i In '7 201?Micros° m Owner Information Owner Name: Draper l B Co Tax Billing Zip: 91762 Mail Owner Name: Draper l B Co Tax Billing Zip+4: 2545 Tax Billing Address: 811 N Mountain Ave Owner Occupied: Yes Tax Billing City & State: Ontario, CA Location Information Zip Code: 91762 TGNO: 601-16 Carrier Route: C037 Census Tract: 10.02 School District: Chaffey Un Topography: Flat/Level Comm College District Code: Chaffey Tax Information APN : 1010-201-08-0000 Tax Appraisal Area: 07 % Improved: 65% Lot: 891 ax Area: 4069 Water Tax Dist: Chino Basin Imp C Legal Description: ONTARIO COLONY LANDS E 250 FT S 1/2 LOT 891 MEAS FROM C/L MOUNTAIN AVE EX ST Assessment & Tax Assessment Year 2011 2010 • 2009 Assessed Value-Total $637,017 $632,256 $611,706 Assessed Value- Land $220,911 $219,260 $219,781 Assessed Value- Improved $416,106 _ $412,996 $391,925 YOY Assessed Change ($) $4,761 $20,550 YOY Assessed Change (%) 0.75% 3.36% Tax Year Total Tax YOY Tax Change ($) YOY Tax Change (%) 2009 $6,633 2010 $6,875 $242 3.65% 2011 $6,937 $62 ° Special Assessment Tax Amount General Tax Levy Pool $6,370.17 Chaffey College Bond $97.46 Chaffey High Bond $123.58 Ontario-Montcl Elembond $184.09 Wv Mosq &Vector Cntrl #2 $127.80 Metro Water Orig Debt Svc $23.56 Metro Water-Water Stby $9.79 Total Of Special Assessments $6,936.45 *Characteristics Courtesy of WENDY SANDOVAL,California Regional MIS .. :n _ .plq.n hi :',mt :,cjmp°ed °,CPm,n(3:, fr,n,J-bN: IM V'.vate torte., a Je>°eC,• , .. ... :Il ■1:P[• ,2.:rc:•,,:nc•, ,$T:n'd, Property Detai , e n.ry ,.,,,, e r 'I,: ,t.P e n of.p rr°o-t :�.t n,h r m o. Nrrou^h°•T ATTIC nedry S - Ot?wt_ ttigU �L! C��.. 11.t `u..— - r cstf.i N/A 6,736 18,360 ;900,000 >� Beds Bldg Sq Ft Lot Sq Ft I Sale Price r=1 +_41 _ `; --- y N/A 1958 FUNERAL HMI 06/1989 +'-"`' / Baths Yr Built Type Sale Date• birx3 =912 rL<rotbft C-rp:ranon Owner Information Owner Name: Pierce Brothers Tax Billing City &State: North Hollywood, CA Mail Owner Name: Pierce Brothers Tax Billing Zip: 91606 Tax Billing Address: Po Box 3977 Location Information Zip Code: 91786 TGNO: 602-C3 Carrier Route: C002 Census Tract: 9.03 School District: Upland Topography: Flat/Level Comm College District Code: Chaffey Tax Information APN : 1046-411-16-0000 Tax Appraisal Area: 07 % Improved: 55% Lot: 602 Tax Area: 8038 Water Tax Dist: Chino Basin Imp C Legal Description: ONTARIO COLONY LANDS E 60 FT N 153 FT S 160 FT LOT 602 AND N 153 FT S 160 FT W 60 FT LOT 603 •ssessment & Tax Assessment Year 2011 2010 2009 Assessed Value-Total $569,500 $505,900 $479,302 Assessed Value- Land $257,000 $238,700 $232,600 Assessed Value-Improved $312,500 $267,200 $246,702 YOY Assessed Change ($) $63,600 $26,598 YOY Assessed Change (%) 12.57% 5.55% Tax Year Total Tax YOY Tax Change ($) YOY Tax Change (%) 2009 $5,073 . . 2010 $5,366... .. . __ . . ..... $293 5.78% 2011 $6,091 $725 13.52/p Special Assessment Tax Amount General Tax Levy Pool $5,695.00 Co Ventor Control $9.96 Chaffey College Bond $87.13 School Bonds $269.94 Metro Water Orig Debt Svc $21.07 Metro Water-Water Stby $7.29 Total Of Special Assessments $6,090.39 Characteristics County Land Use: Mortuary Cooling Type: Central Universal Land Use: Funeral Home Garage Type: Paved Lot Frontage: 120 Parking Type: Paved .Lot Depth: 153 Roof Material: Composition Shingle ot Acres: 0.4215 Roof Shape: Gable Courtesy of WENDY SANDOVAL, California Regional MIS the data n ih.II the,.epurf a rurnpded ay Caret age hym phbuc and private sources If desired.for a curacy of the del,'oarsned he,e r.pan be Property Deta i r.:eper dehl.y ,a f ;a r.y the •i Tr'of this report with the appl.rable county r,i mull tipatry TAB 26 Rancho Cucamonga's upscale homes are a bargain compared to those in coastal counties 0 ,*' t' V � t — HOUSING '' J + A Families seeking to live in a community that has made a conscious decision to emphasize quality neighborhoods should carefully consider Rancho Cucamonga Here they will find '''!-,v*". - ''�+ beautiful tree-lined neighborhoods with planned unit developments that emphasize large rn; � lot sizes and quality construction.Around nearly every home,families will find carefully • "`, 1 - ' laid out walking areas,parks,neighborhood shopping and schools. � r1 Rancho Cucamonga's housing markets reflect the city's prime location along the Inland 4 _ Empire's western edge as well as its success in developing a quality community. The city's• .a•.t7'' *3►' homeowners enjoy some of the highest property values in the inland region due to its ° �- foothill setting,as well as its proximity to Los An g eles County.ry Additio'Additionally, city's . emphasis on planned unit developments,large lot sizes and construction standards is well above industry norms. Rancho Cucamonga's upscale homes are a bargain compared to those in coastal counties. Successful families are finding that the city provides them an opportunity to move into beautiful,upscale neighborhoods located within a prosperous community. Before the current housing difficulties,Rancho Cucamonga's home builders responded P* %WNW" to the surge of higher income families looking for quality housing in the Inland Empire I ilijIrtiLii by building homes of up to 6,000 square feet. As a result,the city's new home prices rose dramatically reaching a record$734,625 in second quarter 2007.With the slowdown in I .. Southern California's housing markets,builders have had to bring prices down dramati- cally. In the fourth quarter 2010,the new home median price returned to$483,210,the 1 highest in major or nearby Inland Empire markets.These facts reflect the city's commit- ment to upscale neighborhoods and the premium standards to which units must be built. f pas New Home Price Comparison,Major Inland Empire Cities,4th Qtr.2010 500 1 .. $413745 $408,111 400 ..--w," .-- $362,500$359,500 5352.294 '•'Yy„ 5341,855 , . 83.871 $291,320 300 $3 $280,318 $274,968 e $259,267 r. A M 200 .. s 1 W,». 100 .... ;71. 111 II NI la . . nt 0 Rancho Corona Chino Chino Upland Temecula Riverside Fontana San Murrieta Ontario Moreno r ,i10 I (thousands) Caramomga Mills Berardino Valley � Scutt DMspmck • ,. e 24 Community TAB 27 co• (.) co co co N a) o -o co ° CO . __I J C o o o O v 0 0 a) LU —.I r' W 69 Lf) 0) O CO . 00 N t- 0) -C 0) n _N E E P G 5 -N -N C d T J 75 C., ,_C., ill C C q} c G a "` G `C Li G 4 �r"� _N 0 P. (1 41111 N L L rn C, ( d _r, y -O CL d: C a - C 0 V ti 'ter¢ _ M L F CL -IN Qi L — , -c..+ Jt _c ■ arr' C ®CO IL III ul L _ra -r, -N _N C C 0, G m G CJ -CA e Ts G O p rY C ^ � O G J _rJ a ikO C I O p G N C 1 n � C T , pp A , ".I C. 69 C_O 0 - 14. 54 -r. - r_ t..• C Co a) C O E V co O _'Cl- • 0 .- a o E& .(0 Efl H9 0 Il (H °C 0 o • N LO CO CO V" LO TAB 28 et • , . ' d111661111' },yid 3 ! -�Ja rte"`. �, O L km' .1 in 1 W ` gl1 O 1 I 1 1191 ?{. 4 r. �. R • • I. r ..j iii xs;s v. z•• ` ' I Peer il 'a CU i ' • , a 5u.III ,,,, , . . 1-' i , s . , I. I, it It y + I• .. , a r a+ . i. -• •aa•1 • R _, r ,. i •• . , - ... -C: " ,ft_ . .. _•7• . , :,.- ,,i',.../..i , . , ........4: :,..41:. '..., 1 --� ' V L- 1 r . riHilit -': , .7 .... -if .. ,---------.4, . - .• Lw�RtQi.R,IT' ;`p�. ' 'f ! T� — — , . 0 - . i - . ir ,i . renrvi;:• .j".'1! ' 1.e:' --,,,--,.. ! . 4: . 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I _.,......-_-_-r- - • -- - .-42-x-,-P-4.,"2- '....z.....,,-... -,.......-......:.........1. . _•••• ... . . -=• _ ... .. - A _. .: :. .. soi .., - _:.• • . -sr- . .'-4 .,i; ,..:4 .'f.-• 'fr:a '..--er"'!IN',...\'''''. 1 ''' '''........ II' . , ,.z. .: .,.. ••. , ,: 7,..; • 'AIWA ' • ,,1..!. ii.. gs . r . •_. : t. • ,...' I . .'-• ''V— - • - . ., ,.1 .4,. ,-.,- '4. ,,,- .., .•-,,. . . .... j- l'.0Fi.' 4 • ii .gvi ..,,If,a. . ,la TAB 29 nuisance law, nuisance, offensive neighbor, bad neighbor, sue neighbor Page 1 of 6 • Home • • About • Matters We Handle • Subscribe LAW OFFICES OF PETER N N . BREWER There Goes the Neighborhood. . .An Overview of Nuisance Law by Simon Offord on May 23, 2011 1 e in Neighbor Issues nWhat can you do if someone moves in to your Palo Alto neighborhood and suddenly the neighborhood you were used to has completely changed? In certain instances, the newcomer's presence may constitute a nuisance, and you may be able to prevent the offensive activities. • In this article, we will overview some of the activities that can constitute a nuisance. In future articles, we will detail such topics as whether you have standing to sue, what factors will be important to your likelihood of success, and who may be held liable. Businesses as a Nuisance A business may be a nuisance either by reason of its location or because of the improper or negligent manner in which it is conducted. A business that is not a nuisance in itself may be classified as a nuisance because of its location. For example, a store, a laundromat, or a mortuary are each common and legal uses on properly zoned property, but they may be nuisances in a neighborhood in which they are incompatible. The following activities have been found to constitute a nuisance because of the activities' effect on the use of another's property: a rock quarry; a dance hall; a draw poker establishment; a gas station and garage; and an airport. Conditions Dangerous to Health and Safety Various activities and conditions on private land may pose a danger to the health and safety of neighbors or the community at large. The city or county may abate this type of condition using its police power or in some cases the offensive conduct may be enjoined by a neighboring property owner. Examples of dangerous or offensive conditions that were found to constitute a nuisance include: buildings used by gang members; discharge of pollution and/or trash; installation of asbestos; conditions that create traffic hazards; and even weeds or bugs/pests. • Sale of Alcohol or Drugs http://bayarearealestatelawyers.com/neighbor-issues/there-goes-the-neighborhood%E2%80... 9/16/2012 nuisance law, nuisance, offensive neighbor, bad neighbor, sue neighbor Page 2 of 6 Every building or place used for the unlawful sale or service of alcohol, and every building or place where liquor is sold, served or given away unlawfully, is a nuisance that can be abated, enjoined and prevented. • A business establishment licensed by the State to sell alcohol is subject to local regulation of nuisances. A city may impose conditions relating to health and safety on the operation of retail liquor establishments and may abate as nuisances activity in or near such establishments. For example, a local agency may regulate activity in and around a licensed establishment, such as drunkenness, drug activity, prostitution, harassment of pedestrians, excessive noise, and other conduct that may constitute a nuisance. In addition, the illegal sale of controlled substances is a nuisance. A person engaging in the illegal sale of a controlled substance on a parcel of real property, or who makes use of the premises to further that purpose, is deemed to be causing a nuisance on the premises. Indecent or Offensive Acts Nuisances include activities or conditions that are offensive to the senses or "anything which is indecent." Thus, conduct that is offensive to a community's "moral sensibilities" is also subject to regulation as nuisances, as well as anything offensive to the five senses. Aesthetic offense is not a nuisance, and not every activity or condition that may be offensive or indecent constitutes a nuisance. Furthermore, when the activity or conduct merely produces a personal discomfort rather than a material injury to property, the test of whether the act constitutes a nuisance is its effect on persons of ordinary sensitivities. The following activities have been held to constitute a nuisance as either indecent or offensive: an adult • book store; selling counterfeit goods; and a cemetery. Obstruction of Light/Air Generally, without a recorded restriction (i.e. an easement), and as long as the obstruction is permitted, an obstruction of light and air will not constitute a nuisance. Spite/Fences Similarly, The location of a fence will generally not constitute a nuisance. Unless the fence is erected maliciously or maintained for the purpose of annoying the neighbor, it is not a nuisance. This does not, however, mean that the affected landowner does not have other remedies under the law, including an action for trespass. Conclusion This article is intended to be a brief overview of types of nuisances that may exist, and to provide a few examples of what the California courts have determined are nuisances. Stay tuned for future articles that will detail what damages can result from nuisances, who can abate particular nuisances, whether trees can constitute a spite fence, and what factors may be considered during trial to determine whether a nuisance exists. If you have questions about nuisance law, or any other potential real estate issue, the Law Offices of Peter 0 N. Brewer would be happy to answer those questions. The Law Offices of Peter N. Brewer can be reached at(650) 327-2900, or on the web at www.BrewerFirm.com. http://bayarearealestatelawyers.com/neighbor-issues/there-goes-the-neighborhood%E2%80... 9/16/2012 nuisance law, nuisance, offensive neighbor, bad neighbor, sue neighbor Page 3 of 6 x Related Posts Plugin for WordPress, O Share/Save QyS : Leave a Comment Name * E-mail * Website Submit • { 1 trackback } • There Goes the Neighborhood (Part 2)...Damages Available Resulting from Nuisance. Bv: Simon Offord, Esq. Previous post: As a Lender, Can l Sue an Appraiser or His/Her Appraisal Management Company? Next post: HOA Litigation: A How To Guide • Bay Area Real Estate Law Firm 4 My name is Peter Brewer. I am the managing partner of the Law Offices of Peter N. Brewer, based in • Palo Alto, California. This law firm focuses on serving the legal needs of real estate and mortgage brokers, agents, brokerages, title companies, developers, investors, other real estate professionals and their clients. http://bayarearealestatelawyers.com/neighbor-issues/there-goes-the-neighborhood%E2%80... 9/16/2012 nuisance law, nuisance, offensive neighbor, bad neighbor, sue neighbor Page 4 of 6 We also represent clients in debt collection, breach of contract matters, and other litigation and transactional work. • On this website, the attorneys at this firm answer the common and not-so-common legal questions our clients have asked us over the years - and offer commentary on issues impacting the California Real Estate Markets. Just click on a category shown on the right side of this page and review the questions and issues found under that area of law. If you can't find the answer to your question, or would like to speak with an attorney about a specific legal issue, please call our offices at 650-327-2900 and consider making an appointment so we can talk about your issues and answer your questions. Please understand though that all consultations are at my regular hourly rate - or the hourly rate of my associates. • About The Authors Peter N. Brewer • Julia M. Wei iiCharles S. 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The information contained on this blog is not confidential, and is not intended to be a solicitation. The authors posting on this blog are from California, practice law only in California and accordingly the content of this blog is not a reflection of legal developments elsewhere in the nation. Law Offices of Peter N. Brewer 2501 Park Blvd., 2nd Floor Palo Alto, CA 94306 Copyright CO 2011 Bay Area Real Estate Lawyers. All rights reserved. Copy Protected by Tech Tips's CopyProtect Wordpress Bloas. • • http://bayarearealestatelawyers.com/neighbor-issues/there-goes-the-neighborhood%E2%80... 9/16/2012 FindACaseTM I MILLER-ELSTON MORTUARY ET AL v. PAAL ET AL Page 1 of 3 • Home / Our Sources / About Us / FAQs / Advanced Search rariagitta 0,cot Not what you're looking for? Try an advanced search. MILLER-ELSTON MORTUARY ET AL v. PAAL ET AL Supreme Court of Arkansas Buy for $7.95 J Official citation and/or docket number and footnotes (if any) for this case available with purchase. May 23, 1977 MILLER-ELSTON MORTUARY, INC. AND MAGNOLIA LODGE NO. 60, FREE AND ACCEPTED MASONS OF ARKANSAS V. DR. NICHOLAS PAAL, SAM ENGLISH, MARILYN GLASGOW, BILL NORRIS AND JAMES CHUDLEIGH • Appeal from Pulaski Chancery Court, Third Division, Royce Weisenberger, Chancellor on Exchange; reversed. grab a great value on o. 0 sfu e; Android'phones othrdctas i . SYLLABUS BY THE COURT 1. NUISANCE - FUNERAL HOME IN RESIDENTIAL NEIGHBORHOOD - EFFECT. - A funeral home is not a nuisance per se, but may be a nuisance in a residential district as a result of its continuous reminder of death and dead bodies, which may destroy the comfort and repose sought by homeowners and lead to a decline in property values. 2. FUNERAL HOME, INJUNCTION AGAINST- EVIDENCE, INSUFFICIENCY OF TO PROVE NUISANCE - EFFECT. - Where there is ample evidence to support the chancellor's finding that the protestants against the operation of a funeral home in a residential neighborhood did not prove their assertions by a preponderance of the evidence, the court erred in basing its decision to enjoin the operation on the testimony of a witness that, in his opinion, the establishment of a black funeral home in the predominantly black neighborhood might cause the moving in of whites in the neighborhood to slow up and their moving out to start up again, which would be detrimental to the neighborhood. 3. INJUNCTION, GROUNDS FOR - FUNERAL HOME, ESTABLISHMENT OF - WEIGHT OF TESTIMONY, SOCIOLOGICAL CONSEQUENCES NOT CONTROLLING. - The long-range and intangible sociological consequences of the establishment of a funeral home in a residential neighborhood are not matters that can be given great weight in a suit to enjoin the establishment of the funeral home on the grounds that it constitutes a nuisance. 4. PLEADING & PRACTICE - INTERVENOR IN SUIT FOR INJUNCTION - PRAYER FOR SPECIFIC PERFORMANCE OF CONTRACT PREMATURE. - The prayer of the intervenor, the seller of the property, for specific performance of his • contract was premature where the completion of the sale was contingent upon appellant's successful defense of the suit for injunction. The opinion of the court was delivered by: George Rose Smith, Justice. The appellant, a corporation owned by Joseph Elston, owns and operates a funeral home in Little Rock. Elston testified that the inadequacy of his facilities led to a decline in his volume of business. He decided to acquire a larger building http://ar.findacase.com/research/wfrmDoc V fewer.aspx/xq/fac.19770523_0042650.AR.htm... 9/16/2012 FindACaseTM I MILLER-ELSTON MORTUARY ET AL v. PAAL ET AL Page 2 of 3 and, being black himself, sought such a building in a predominantly black neighborhood. This resulted in his entering into a contract to purchase the vacant Magnolia Lodge Building at the corner of Sixteenth and Battery Streets. The contract was conditioned upon Elston's being successful in having the property rezoned and in obtaining a building permit for the necessary remodeling of the building. The city directors approved the rezoning of the property from a residential classification to a Lodging, Nursing Home, and Undertaking classification. This suit, however, was brought by four owners or lessees of residential property in the neighborhood, asserting that the funeral home would constitute a nuisance in the surrounding residential district and should be enjoined. Another protestant intervened in the case. After an extended hearing the chancellor entered a decree permanently enjoining the appellant from operating the proposed funeral home. The applicable principles of law are settled by our cases. A funeral home is not a nuisance per se. It may be a nuisance, however, in a residential district as a result of its continuous reminder of death and dead bodies, which may destroy the comfort and repose sought by homeowners and lead to a decline in property values. Mitchell Funeral Home v. Bearden, 255 Ark. 888, 503 S.W.2d 904 (1974); Powell v. Taylor, 222 Ark. 896, 263 S.W.2d 906 (1954). In the present case there was comparatively light opposition [261 Ark Page 646] 3 to Elston's proposal. Even though the district is entirely residential for at least two blocks ® MOTOROLA in every direction from the site of the Lodge Building, a number of witnesses testified in Elston's favor. In fact, the chancellor's decree is somewhat unusual in that upon almost A T R I)( H>D every point he found that the protestants had not proved their assertions by a preponderance of the evidence. Specifically, the chancellor found that no serious traffic drive smart problems would be created, that it had not been shown that the neighborhood would package gradually become commercial if the Lodge Building were converted to a funeral home, only$9999 that it had not been shown that there would be a genuine detrimental effect upon property values, and that the witnesses who testified about the presence of the funeral home as a reminder of death were comparatively young. Actually, only two witnesses touched upon that issue, and the one who would be very near the funeral home • - purchased his property after the rezoning and with knowledge of it. Our review of the °° ' • record convinces us that the chancellor's evaluation of the conflicting proof was an accurate summation. • .i ? Despite his misgivings, the chancellor concluded that the testimony of the witness, Hill, • �,�� >k':. convinces the Court the injunction must be and it is made permanent." We must, L.,....... .' _ therefore, examine Hill's testimony in some detail. it a, "n Hill is (or was at the time of the trial) the City Director of Human Resources. In that I +I _L capacity he is responsible for planning and implementing programs to upgrade several { -- - - neighborhoods that have deteriorated. To that end he participates in allocating and _ administering federal funds in an effort to save and revitalize residential areas. During a _ period of seven years about$20,000,000 was so spent in neighborhoods throughout the city. Although the neighborhood now in question is predominantly black, Hill testified that young professional whites were beginning to move back into it. Hill personally believed that a racial mixture is good for any neighborhood and that anything causing a reversal of • S Op 0 ,= that process would be detrimental to the neighborhood. He pointed out that most of the protestants were white and expressed the opinion that if a [261 Ark Page 647] black funeral home were established in the neighborhood it might cause the moving in of whites at least to slow up and their moving out to start up again. It is unnecessary for us to weigh the merits or demerits of Hill's position, for even if his point of view were found to be wholly correct it is still not a controlling consideration in a judicial proceeding such as this suit. Hill's testimony might more appropriately have been presented to the city authorities when the application for rezoning was submitted for their Otter drtait consideration. In the courts the issue is whether the proposed funeral home will have such an effect upon the surrounding residential property as to constitute a nuisance. The long-range and intangible sociological consequences of the establishment of the funeral home are not, in our opinion, matters that can be given weight in a case of this kind. Consequently we cannot agree with the chancellor's conclusion that Hill's testimony has the effect of overcoming the deficiencies that otherwise exist in the protestants' proof. The Magnolia Lodge, as the seller of the property, Intervened in the case and sought specific performance of its 0 contract. To this point its prayer for relief has been premature, because the completion of the sale has been contingent upon the appellant's successful defense of this case. That issue having now been settled, the cause will be remanded for further proceedings. http://ar.findacase.com/research/wfrmDoc V f ewer.aspx/xq/fac.197705 23_004265 0.AR.htm... 9/16/2012 FindACaseTM I MILLER-ELSTON MORTUARY ET AL v. PAAL ET AL Page 3 of 3 Reversed. • We agree. HARRIS, C.J., and HOLT and ROY, JJ. [261 Ark Page 648] 19770523 © 1992-2003 VersusLaw Inc. Buy This Entire Record for $7.95 st • Official citation and/or docket number and footnotes (if any) for this case available with purchase. Learn more about what you receive with purchase of this case. Home/Our Sources/About Us/FAQs/Advanced Search copyright 2012 LRC, Inc.About Us PRIVACY POLICY • • • http://ar.findacase.com/research/wfrmDoc V f ewer.aspx/xq/fac.19770523_0042650.AR.htm... 9/16/2012 Find O Case • MILLER-ELSTON MORTUARY ET AL v. PAAL ET AL,261 Ark.644, 550 S.W.2d 771 (Ark. 05/23/1977) [1] Supreme Court of Arkansas [2] No. 76-373 [3] 261 Ark. 644, 550 S.W.2d 771, 1977.AR.0042650<http://www.versuslaw.com> [4] May 23, 1977 [5] MILLER-ELSTON MORTUARY,INC.AND MAGNOLIA LODGE NO. 60,FREE AND ACCEPTED MASONS OF ARKANSAS V. DR.NICHOLAS PAAL,SAM ENGLISH,MARILYN GLASGOW,BILL NORRIS AND JAMES CHUDLEIGH [6] SYLLABUS BY THE COURT [7] 1.NUISANCE- FUNERAL HOME IN RESIDENTIAL NEIGHBORHOOD-EFFECT. -A funeral home is not a nuisance per se,but may be a nuisance in a residential district as a result of its continuous reminder of death and dead bodies,which may destroy the comfort and repose sought by • homeowners and lead to a decline in property values. [8] 2.FUNERAL HOME,INJUNCTION AGAINST-EVIDENCE, INSUFFICIENCY OF TO PROW NUISANCE- EFFECT. -Where there is ample evidence to support the chancellor's finding that the protestants against the operation of a funeral home in a residential neighborhood did not prove their assertions by a preponderance of the evidence,the court erred in basing its decision to enjoin the operation on the testimony of a witness that,in his opinion,the establishment of a black funeral home in the predominantly black neighborhood might cause the moving in of whites in the neighborhood to slow up and their moving out to start up again,which would be detrimental to the neighborhood. [9] 3. INJUNCTION, GROUNDS FOR-FUNERAL HOME, ESTABLISHMENT OF -WEIGHT OF TESTIMONY, SOCIOLOGICAL CONSEQUENCES NOT CONTROLLING. -The long-range and intangible sociological consequences of the establishment of a funeral home in a residential neighborhood are not matters that can be given great weight in a suit to enjoin the establishment of the funeral home on the grounds that it constitutes a nuisance. [10] 4.PLEADING&PRACTICE-INTERVENOR IN SUIT FOR INJUNCTION-PRAYER FOR SPECIFIC PERFORMANCE OF CONTRACT PREMATURE.-The prayer of the intervenor,the seller of the property, for specific performance of his contract was premature where the completion of the sale was contingent upon appellant's successful defense of the suit for injunction. 1261 Ark Page 6451 [11] Appeal from Pulaski Chancery Court,Third Division, Royce Weisenberger,Chancellor on Exchange; reversed. • [12] Pope, Pratt, Shamburger,Buffalo &Ross,by: Robert D. Ross, for appellant Miller-Elston Mortuary, Inc. [13] Philip W. Ragsdale, for appellant Magnolia Lodge No. 60, Free and Accepted Masons of Arkansas. Page 1 of 3 Find Q Case • [14] Solloway&Cronkhite,by:Lanny K. Sollaway, for appellees. [15] The opinion of the court was delivered by: George Rose Smith,Justice. [16] The appellant,a corporation owned by Joseph Elston, owns and operates a funeral home in Little Rock. Elston testified that the inadequacy of his facilities led to a decline in his volume of business. He decided to acquire a larger building and,being black himself, sought such a building in a predominantly black neighborhood. This resulted in his entering into a contract to purchase the vacant Magnolia Lodge Building at the corner of Sixteenth and Battery Streets. The contract was conditioned upon Elston's being successful in having the property rezoned and in obtaining a building permit for the necessary remodeling of the building. [17] The city directors approved the rezoning of the property from a residential classification to a Lodging, Nursing Home,and Undertaking classification. This suit,however,was brought by four owners or lessees of residential property in the neighborhood, asserting that the funeral home would constitute a nuisance in the surrounding residential district and should be enjoined. Another protestant intervened in the case.After an extended hearing the chancellor entered a decree permanently enjoining the appellant from operating the proposed funeral home. [18] The applicable principles of law are settled by our cases. A funeral home is not a nuisance per se. It may be a nuisance, however, in a residential district as a result of its continuous reminder of death and dead bodies,which may destroy the comfort and repose sought by homeowners and lead to a decline in property values. Mitchell Funeral Home v. Bearden,255 Ark. 888, 503 S.W.2d 904(1974);Powell • v.Taylor,222 Ark. 896,263 S.W.2d 906(1954). [19] In the present case there was comparatively light opposition 1261 Ark Page 646 [20] to Elston's proposal.Even though the district is entirely residential for at least two blocks in every direction from the site of the Lodge Building,a number of witnesses testified in Elston's favor. In fact, the chancellor's decree is somewhat unusual in that upon almost every point he found that the protestants had not proved their assertions by a preponderance of the evidence. Specifically,the chancellor found that no serious traffic problems would be created, that it had not been shown that the neighborhood would gradually become commercial if the Lodge Building were converted to a funeral home,that it had not been shown that there would be a genuine detrimental effect upon property values,and that the witnesses who testified about the presence of the funeral home as a reminder of death were comparatively young.Actually,only two witnesses touched upon that issue,and the one who would be very near the funeral home purchased his property after the rezoning and with knowledge of it. Our review of the record convinces us that the chancellor's evaluation of the conflicting proof was an accurate summation. [21] Despite his misgivings, the chancellor concluded that"the testimony of the witness,Hill,convinces the Court the injunction must be and it is made permanent." We must, therefore,examine Hill's testimony in some detail. [22] Hill is (or was at the time of the trial)the City Director of Human Resources. In that capacity he is responsible for planning and implementing programs to upgrade several neighborhoods that have • deteriorated. To that end he participates in allocating and administering federal funds in an effort to save and revitalize residential areas. During a period of seven years about$20,000,000 was so spent in neighborhoods throughout the city. [23] Although the neighborhood now in question is predominantly black, Hill testified that young Page 2 of 3 Find Q Case • professional whites were beginning to move back into it. Hill personally believed that a racial mixture is good for any neighborhood and that anything causing a reversal of that process would be detrimental to the neighborhood. He pointed out that most of the protestants were white and expressed the opinion that if a [261 Ark Page 647[ [24] black funeral home were established in the neighborhood it might cause the moving in of whites at least to slow up and their moving out to start up again. [25] It is unnecessary for us to weigh the merits or demerits of Hill's position,for even if his point of view were found to be wholly correct it is still not a controlling consideration in a judicial proceeding such as this suit. Hill's testimony might more appropriately have been presented to the city authorities when the application for rezoning was submitted for their consideration. In the courts the issue is whether the proposed funeral home will have such an effect upon the surrounding residential property as to constitute a nuisance. The long-range and intangible sociological consequences of the establishment of the funeral home are not, in our opinion,matters that can be given weight in a case of this kind. Consequently we cannot agree with the chancellor's conclusion that Hill's testimony has the effect of overcoming the deficiencies that otherwise exist in the protestants'proof. [26] The Magnolia Lodge,as the seller of the property,Intervened in the case and sought specific performance of its contract. To this point its prayer for relief has been premature,because the completion of the sale has been contingent upon the appellant's successful defense of this case. That issue having now been settled, the cause will be remanded for further proceedings. [27] Reversed. [28] We agree. HARRIS,C.J.,and HOLT and ROY,JJ. [261 Ark Page 648] 19770523 m 1992-2003 VersusLaw Inc. • Page 3 of 3 Finde Case • POTTER v. BRYAN FUNERAL HOME,307 Ark. 142,817 S.W.2d 882 (Ark. 11/04/1991) [1] Supreme Court of Arkansas [2] No. 91-86 [3] 307 Ark. 142, 817 S.W.2d 882, 1991.AR.0042860<http://www.versuslaw.com> [4] November 4, 1991 [5] CECIL POTTER,RUTH POTTER,ROBERTA STEPHENS, BOB DOWNING AND DOROTHY DOWNING V. BRYAN FUNERAL HOME [6] SYLLABUS BY THE COURT [7] 1. NUISANCE-NATURE OF INJURY-ESTABLISHMENT OF A FUNERAL HOME. -A funeral home is not a nuisance per se; the intrusion of a funeral home into an exclusively residential district would constitute a nuisance; it may be a nuisance in an area essentially residential in character; if, however,transition of the district from residential to business has so far progressed that the value of the surrounding property would be enhanced as business property,rather than depreciated as residential property,the establishment of a funeral home would not constitute a nuisance. [8] 2.NUISANCE-FUNERAL HOME NOT A NUISANCE-NEIGHBORHOOD NOT EXCLUSIVELY RESIDENTIAL. -Where it was clear that the neighborhood was not exclusively residential, nor was the area essentially residential, instead the evidence supported a fording that the area was mixed residential and commercial,the chancellor was not required to determine that appellee's funeral business would constitute a nuisance and the appellate court was unable to say the chancellor was clearly wrong when he refused to find a nuisance would result from the establishment of appellee's funeral home. [9] 3. APPEAL&ERROR-HARMLESS ERROR DOES NOT REQUIRE REVERSAL.-Errors which are harmless do not require the reversal of the chancellor's findings. [10] 4. EVIDENCE-PERSONAL INSPECTIONS OF PROPERTY BY CHANCELLOR NOT CONSIDERED EVIDENCE. -While personal inspections of property are permissible and proper as an aid to a better understanding by the chancellor of what witnesses had testified to,such views are limited to that purpose and a judge's personal observations on the site are not considered 1307 Ark Page 1431 evidence of facts. [11] 5.APPEAL&ERROR- CHANCELLOR'S ERROR HARMLESS -REVERSAL NOT REQUIRED. -Where the chancellor viewed the area involved in the dispute between appellants and appellee and also erroneously inspected and referred to businesses and residences along the highway outside the area which the parties addressed at trial,the chancellor erred;Nevertheless,the limited two-block area here was properly characterized as mixed residential and commercial and even upon excluding the • chancellor's references to businesses outside the pertinent area involved,the supreme court was required on de novo review to uphold the chancellor's fording that no nuisance would result from appellee's business since that finding was not clearly erroneous. [12] Appeal from Lawrence Chancery Court; Tom L. Hilburn,Chancellor;affirmed. Page 1 of 4 Find Q Case • [13] Wilson& Castleman, by: Richard L. Castleman,for appellants. [14] Bill W. Bristow, P.A., for appellee. [15] The opinion of the court was delivered by: Tom Glaze, Associate Justice. [16] Appellants appeal the Lawrence County Chancery Court's dismissal of their request to enjoin as a nuisance the appellee's placement of a funeral home in appellants'neighborhood. They argue the chancellor was clearly erroneous in fmding that the funeral home was not a nuisance. Also,the appellants contend the chancellor erred in inspecting or viewing the proposed site and other property without first obtaining the consent of the parties. [17] The facts are largely undisputed.Appellee planned to convert a two-story house into a funeral home to be located on the southwest corner of the intersection at U.S. Highways 62/63 and State Highway 115 in the town of Imboden.Many of the appellants'houses are situated across from the proposed site and along the north side of Highway 62/63. Other residences are located on the south side of 62/63 and are both east and west of appellee's proposed funeral home. Four or five commercial businesses are nestled in this same area. A used car lot owned by the town's mayor is situated on the northwest corner of the same block where the appellee proposes to establish its business. A repair shop is directly behind the car lot. A car wash and a convenience store are located on the north side of 1307 Ark Page 1441 [18] Highway 62/63 within two blocks east of the funeral home site. And finally,a beauty shop is located • approximately two blocks from appellee's site and about one block south of the corner where the car lot is located. In addition to these businesses, a home for the elderly and a federal housing project are approximately within the general two-block area of the proposed site. [19] At trial,appellants presented testimony that a funeral home would lower their property values and would also interfere with the peaceful enjoyment of their homes because the business would be a constant reminder of death and dead bodies. Appellee offered evidence that classified the area as being mixed residential and commercial. Appellee argued that the appellants would not be any more adversely affected by the placement of a funeral home in the neighborhood than they already had been by having the other businesses already located in the area. Based on the foregoing evidence,the chancellor held that the establishment of a funeral home on the proposed site would not be a nuisance. [20] [1] This court has established the following general principles with regard to preventing establishment of funeral homes: [21] A funeral home is not a nuisance per se.The intrusion of a funeral home into an exclusively residential district would constitute a nuisance. It may be a nuisance in an area essentially residential in character. If,however,transition of the district from residential to business has so far progressed that the value of the surrounding property would be enhanced as business property, rather than depreciated as residential property,the establishment of a funeral home would not constitute a nuisance. [22] Mitchell Funeral Home v. Bearden,255 Ark. 888,503 S.W.2d 904(1974); see also Miller-Elston Mortuary v. Paal,261 Ark. 644, 550 S.W.2d 771 (1977);Blair v. Yancy,229 Ark. 745, 318 S.W.2d 589(1958);Powell v.Taylor,222 Ark. 896,263 S.W.2d 906(1954). • [23] While appellants take issue with the chancellor's finding that the two-block area surrounding the proposed site is mixed residential and commercial,we conclude the evidence clearly supports such a finding. In fact, appellants concede that some of the businesses located in the area actually became operational Page 2 of 4 Find a Case • [307 Ark Page 1451 [24] after appellants'houses had been built. Appellants point to language in the Bearden case when arguing that the law does not require the area surrounding a proposed funeral home site to be "exclusively" residential before a funeral home can be enjoined as a nuisance. Instead, appellants claim that they may be entitled to injunctive relief when the area is "predominately" residential. While the court in Bearden indicated considerable weight is given to the predominance of either commercial or residential property in the area,the court in no way broadened or enlarged the rules that the intrusion of a funeral home into an"exclusively" residential district would ordinarily constitute a nuisance or may constitute a nuisance in an area"essentially"residential in character. As we review the evidence, we believe it both supports the views that the area involved here is mixed residential and commercial and that it has slowly changed its character to include additional business ventures. [25] Appellants emphasize that all of the value evidence presented at trial reflected that their homes' residential values would be lowered if a funeral home business was located in the neighborhood. Appellee responds,pointing out that it is reasonable to expect residential values to be lowered whenever any commercial establishment moved into a residential area. As pointed out earlier, commercial establishments here were located in the appellants'neighborhood years before appellee advanced its plans to build a funeral home in this same area. Whether or not these businesses have enhanced appellants'properties for commercial purposes is unclear because neither appellants nor the appellee offered value testimony on this issue. [26] [2]In summation, it is clear that the neighborhood here is not exclusively residential, and appellants clearly are not entitled to enjoin the appellee's funeral home business on that basis.Nor can we • conclude from the evidence that the area is essentially residential. Instead,we believe the chancellor's characterization of the area as mixed residential and commercial is thoroughly supported by the evidence. Thus,based upon the law and the evidence presented,the chancellor was not required to determine that appellee's funeral business would constitute a nuisance. At the very least,we are unable to say the chancellor was clearly wrong when he refused to find a nuisance would result from the establishment of appellee's funeral home. [307 Ark Page 1461 [27] [3] In their second point for reversal,they argue the chancellor erred in making an unannounced view of the area in question and other properties along Highway 62/63 as it traverses through the entire town of Imboden. Sometime after trial,the chancellor apparently counted the businesses and residences along the highway and mentioned those numbers in his findings. Appellants challenge those numbers as being incorrect and also argue those businesses and residences are not material or relevant to the nuisance issue concerning the two-block area involved in this case. See Powell v. Taylor, 222 Ark. 896,263 S.W.2d 906(1954)(where the court limited its characterization of "essentially residential" to a sixteen-block area in Gurdon,Arkansas,stating that,in a relatively small city,an area of this size may well be treated as a district in itself,else there might be no residential districts in the whole community.)Although appellants may be correct on both points, those errors are harmless and do not require the reversal of the chancellor's finding that appellee's funeral home is no nuisance. [28] [4, 5] While personal inspections of property are permissible and proper as an aid to a better understanding by the chancellor of what witnesses had testified to,such views are limited to that purpose and a judge's personal observations on the site are not considered evidence of facts. Mitcham v. Temple,215 Ark. 850,223 S.W.2d 817 (1949); Clark v. Clark,4 Ark. App. 153, 632 S.W.2d 432 (1982). In the present case, the chancellor not only viewed the two-block area involved in the dispute between appellants and appellee,but also he inspected and referred to businesses and residences along Highway 62/63 outside the area which the parties addressed at trial. In this latter respect,the chancellor erred.Nevertheless,the limited two-block area here was properly characterized as mixed Page 3 of 4 Find Q Case • residential and commercial as we have previously discussed. Thus, even excluding the chancellor's references to businesses outside the pertinent area involved,we are required on de novo review to uphold the chancellor's fording that no nuisance would result from appellee's business since that finding is not clearly erroneous. 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(9114;;.'111-(:::, CITY OF RANCHO CUCAMONGA August 20, 2012 AUG 2 0 2012 RECEIVED - PLANNING •• � �`` VIA HAND-DELIVERY ±i: • City of Rancho Cucamonga Attu City Clerk 10500 Civic Center Drive Rancho Cucamonga, CA 91729-0807 Re: Notice of Appeal of Planning Commission Determination re Resolution No. 12-36,and Conditional Use Permit DRC2011-01094 Dear City Clerk and Members of the City Council: • This firm has been engaged to represent SCI California Funeral Services, Inc. ("SCI") • and its project management consultant, HMR Architects ("HMR") with regard to the Planning Commission approval of Resolution 12-36, and the denial of the Condition Use Permit Application No. DRC2011-01094. On behalf of our client, SCI and HMR, and pursuant to Rancho Cucamonga Municipal Code Section 17.02.080, this letter hereby serves as the formal notice of appeal by SCI and HMR of the Planning Commission's August 8, 2012 denial of CUP DRC2011-01094 and Resolution No. 12-36 setting forth the findings for the denial of the CUP. Attached please find check no. 3938990 in the amount of$2,328.00 for the filing fee of such appeal. The CUP in this case is an application for the development and operation of a 2.32 acre parcel located adjacent to the I-15 freeway along Etiwanda Avenue for the use of a funeral home, including services, visitations and funerals (the "Project"). The proposed use is permitted within the zoning for the property with a CUP. A Mitigation Negative Declaration was prepared as a part of the Project, finding that no significant impacts would result from the proposed land use. In the Staff Report prepared for the Planning Commission, the Staff recommended approval of the CUP, with conditions. The Design Review Committee also deemed the Project acceptable. As part of the Project, the applicant will be required to complete the additional lanes along Etiwanda Avenue as well as underground the electrical wires along the block, in addition to providing the proposed improvements to the vacant parcel, itself. The Project will also provide additional direct and indirect employment opportunities for residents from both the construction and operation of • j�� o RIVERSIDE 3750 University Avenue, Suite 250 • Riverside, California 92501 9/� SAN BERNARDINO 550 East Hospitality Lane, Suite 300 • San Bernardino, California 92408 SAN DIEGO 501 W. Broadway,Suite 800 San Diego, California 92101 GreshamSavage.com ,. City of Rancho Cucamonga • August 20,2012 Page 2 the Project. Despite the Project's consistency with zoning and land use regulations for the Parcel, the Planning Commission voted to deny the CUP based upon four findings. Specifically, the Planning Commission found: 1. The Project is inconsistent with Goal LU-1 and Policy LU-1.1 of the General Plan protecting residents of negative impacts on the residential living environmental; 2. The Project is not in accord with the objectives of the Etiwanda Specific plan, Section 5.23311 related to compatible land uses; 3. The Project will be detrimental to the public health, safety or welfare under Section 5.23.201 of the Etiwanda Specific Plan related to odor, fumes, dust, smoke, cinders, dirt, refuse water, waste, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature, or involved in a hazard of fire or explosion;and • 4. The Project will be detrimental to the public health, safety or welfare, generally, under the Etiwanda Specific Plan. The findings of the Planning Commission are not supported by substantial evidence and, in fact, the proposed use is expressly permitted in the zoning for the property in question. The only proposed evidence to support the findings of the Planning Commission is the alleged "emotional stress" of the neighbors and, again without any factual support, the alleged reduction in market value of neighboring residences. The proposed Project and request for CUP meets each of the requirements set forth in Rancho Cucamonga Municipal Code Section 17.04.030. The Project is consistent with the General Plan and the Etiwanda Specific Plan. The Staffs original recommendation for approval was further supported by the Mitigated Negative Declaration of environmental impacts. No support exists for the assumption that the proposed use will result in a decline in property values and, as will be presented separately, evidence does exist that funeral service uses do not cause declines in surrounding property values. Nor, given a survey of other property uses within the neighborhood, are claims of "emotional stress" sufficient to support the denial of a permitted land use. The Resolution of Denial No. 12-36, and findings set forth therein, demonstrate that the Planning Commission acted in an arbitrary and capricious manner in making its • City of Rancho Cucamonga August 20,2012 Page 3 decision by showing a clear bias against the Project, a disregard of the substantial evidence presented that would have allowed all necessary findings for approval to be made, and reliance upon unsubstantiated testimonial evidence and factual misstatements. We will provide additional support for the basis of this appeal, which demonstrates that the Planning Commission's decision should be reversed wholly. We welcome the opportunity to appeal to the City Council. Very 17ours // � r /Jennifer M.Guenther,of GRESHAM SAVAGE NOLAN &TILDEN, A Professional Corporation • JMG:vw Enclosure • ; \ Mayor L. DENNIS MICHAEL•Mayor Pro em SAM Ste'PAC �i Council Member,Witting J.ALEXANDER, CHUCK BUQUET, DIANE\WILLiAMS • City Manager JOHN It Gn,Llson L11 THE CITY OF RANCHO CUCAMONGA RANCHO CUCAMONGA August 13, 2012 HMR Architects Attn: Bill Reseigh • 221 Main Street, Suite I Huntington Beach, CA 92648 SUBJECT: RESOLUTION OF DENIAL FOR DRC2011-01094 Dear Applicant: The Planning Commission denied the above-described project at its meeting of August 8, 2012. A copy of the signed resolution is enclosed. The decision of the Planning Commission is final following a ten-day appeal period that ends August 20,2012. Appeals must be filed in writing to the City Clerk, state the reason for the appeal, and be accompanied by a $2,328 filing fee. If you have any questions, please call our office at (909) 477-2750. Sincerely, • PLANNING DEPARTMENT • Lois J. S rader Planninn CnmmiRSinn Sennntary THE BACK OF THIS CHECK HAS A FACSIMILE WATERMARRK�K'-CAN BE SEEN AT AN ANGLE REAL ESTATE tB NO. 3938990 1929 ALLEN PARKWAY AmegyBank HOUSTON,- TX 77019 oflBJOS PORTER.TEXAS ,. . :l.'A Ut4T: 08/16/12 3938990 *****x2328.00 PAYTWO THOUSAND THREE HUNDRED TWENTY-EIGHT AND 00/100 r CITY OF RANCHO CUCAMONGA 3273463 TO 10500 CIVIC CENTER DRIVE THE RANCHO CUCAMONGA , CA 91730 By and 'or the Comp- y 00RDER• United States of America OF By and For the Company • SECURE FEATURES INCLUDE MICROPRIlmNG•VOID FEATUREPANTUGRAPH•ENDORSEMEUr BACKER • 11'000393B990111 1: 1 i3 1105861: 444403 27611' • . • i • I i CITY OFR 1 � � • 1&5FFI CIVICVE MDR qCAMONGA CA 91730 ' 989-477-2788 I RECEIPT: CR171776 DATE: 88/28/12 • CASHIER ID: FINCNTR TINE: 15:33:86 • l OATEN ID_ CORTARO' — APPEAL DRC2811-81894 2,328.88 ` Planning 81886 45885 � I • • TOTAL PAID — — 2,32&88 ! I• E�SIAT�E� • I i . • ' TAB 31 H O M A N STONE NOR CALIFORNIA 2121 N.CAUFORNIA BLVD..SUITE 290 • A PROFESSIONAL CORPORATION WALNUT CREEL CALIFORNIA 94596 (?25)9743380 ATTORNEYS AT LAW (r..5) 4- (925)8254318 12 NORTn FIFTH STREET LOS ANGELES/ORANGE COUNTY REDLANDS,CALIFORNIA 92373 20955 PATHFINDER ROAD,SUITE 100 DIAMOND BAR.CALIFORNIA 91765 (909)307-9380 (90'n 8434323 FACSIMILP.:(909)793-02/0 FACSIMILE:(909)861-4568 r MAL: kpatterson®homan-swnc.corn August 1, 2012 Via U.S. Mail and Facsimile (909)477-2847 Mr. Jeffrey A. Bloom, Interim Planning Director Mr. Michael Smith, Associate Planner City of Rancho Cucamonga - Planning Department 10500 Civic Center Drive Rancho Cucamonga, California 91730 RE: Application for Conditional Use Permit DRC2011-01094 H&S Client : SCI Funeral Services California, Inc. Project Site . APN 1100-031-07 • Subject : REQUEST FOR CONTINUANCE OF FURTHER HEARING SET FOR AUGUST 8, 2012 Dear Mr. Bloom and Mr. Smith: SCI Funeral Services California, Inc. respectfully requests that the Planning Commission hearing to adopt a resolution making the required findings of fact to support its denial of the above- referenced Conditional Use Permit be heard by the full five-member commission_ It is our understanding that the full commission will not be present at the August 8, 2012 hearing, Therefore, it is requested that the matter be continued to the following hearing, wherein it is anticipated that all members will be present. It is kindly requested that we be provided confirmation that the aforementioned matter will be continued from the August 8, 2012 hearing. Please do not hesitate to contact the undersigned directly at (909) 307-9380 to discuss this matter. Very Era yours, Kathleen L Patterst Esq) • • B a u1P.N 9'1'UNE #4273 2. 003 /003 A,• •lication for Conditional Use Permit DRC20 1-01094 August 1, 2012 • Page 2 cc: Ms. Lori Spilde, Esq. SCI Funeral Services, Inc. via email Mr. Dann Narveson, Vice President SCI Funeral Services California, Inc. via email • 11 ii 7 8 9 10 • 11 12 13 14 16 H g fl 23 24 25 26 27 28 29 30 fl Rancho Cucamonga 2010 General Plan Update Draft Program Environmental impact Report • During the early 2000s, the opening of the portion of the SR-210 Freeway in the City lead to significant residential development in the City's northeastern section of the City, with the Victoria Gardens Lifestyle Center opening in 2005. Various commercial uses were then developed south of the mall and along Foothill Boulevard near the 1-15 Freeway. Today, the City is estimated to be 87 percent built out, with the majority of undeveloped land in the SOI, where approximately 4,156 acres of land remain vacant. Exhibit 4.10-2, Existing Land Uses, shows the existing land uses, and Table 4.10-1 provides the acreage breakdown of these land uses. Over 2,600 acres of vacant land remain in the City, with an additional 4,156 acres in the SOI. The vacant lands within the City are located on scattered sites and are surrounded by urban development, except for the larger parcels along and near the Etiwanda Creek at the northeastern section. The vacant lands in the SOI consist of large, contiguous parcels outside the Deer, Day, and East Etiwanda canyons and creeks. 4.10.3 THRESHOLDS OF SIGNIFICANCE The following significance criteria are derived from Appendix G of the State CEQA Guidelines. A project would result in a significant adverse impact related to land use and planning if it would: Threshold 4.10a: Physically divide an established community; Threshold 4.10b: Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the • general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect; and/or, Threshold 4.10c: Conflict with any applicable habitat conservation plan or natural community conservation plan. 4.10.4 GENERAL PLAN GOALS AND POLICIES A number of goals and policies in the proposed 2010 General Plan Update address protection of the City's residential neighborhoods and other desirable land uses. Implementation of these goals and policies and their corresponding implementation actions would reduce impacts on land use and planning. The Land Use, Community Design and Historic Resources Chapter includes goals and policies related to land use, as follows listed below. GOAL LU-1: Ensure established residential neighborhoods are preserved and protected, and local and community-serving commercial and community facilities meet the needs of residents. Policy LU-1.1: Protect neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. Implementation Action: Review and amend the residential zoning classifications of the Development Code to ensure that the allowable land uses are compatible with densities of residential neighborhoods. Policy LU-1.2: Designate appropriate land uses to serve local needs and be able to • respond to regional market needs, as appropriate. R:ProjedswoebwO IR\Dmaw.1O Land use021110.doo 4.10-7 Land Use and Planning Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report • Implementation Action: Continue establishing cooperative partnerships between the City, other agencies, the development community, and residential organizations through the use of early consultation for project inception. Consider policies and procedures for City staff to require this consultation as part of a pre-application process to ensure that remaining infill properties (vacant, undeveloped, underutilized) are developed to respond to each of the City's unique residential neighborhood's needs. Policy LU-1.3: Encourage commercial centers that serve a broad range of retail and service needs for the community. Implementation Action: Review and amend the Development Code to ensure that the purpose and intent of zoning classifications clearly implement the description of relevant General Plan land use designations. Policy LU-1.4: Continue code enforcement activities to ensure proper maintenance of homes, buildings, yards, and neighborhoods in all areas of the City, and work with businesses and homeowners to gain compliance. Implementation Action: Continue to enforce property maintenance standards, noise regulations, and other property related regulatory standards adopted by the City. Policy LU-1.5: Development of densities and intensities shall be implemented within the ranges specified in the General Plan; neither higher nor lower than the limits of the range. Implementation Action: Review and modify the Development Code, as necessary, to ensure that the development standards listed for each zoning classification are consistent with and address both sides of the density range. Policy LU-1.6: Encourage small-lot single-unit attached and/or detached residential development (5,200-square-foot lots or smaller) to locate in areas where this density would be compatible with adjacent residential neighborhoods. Implementation Action: Review and modify the Development Code and corresponding zoning maps to ensure that the small-lot single family housing type can be accommodated within those residential districts with an underlying Medium Residential land use designation. GOAL LU-2: Facilitate sustainable and attractive infill development that complements surrounding neighborhoods and is accessible to pedestrians, bicycles, transit, and automobiles. Policy LU-2.1: Plan for vibrant, pedestrian-friendly mixed use and high-density residential areas at strategic infill locations along transit routes. Implementation Action: Review and modify the Development Code and Specific Plans to ensure that those areas identified in Table LU-2 of Chapter 2: Managing Land Use, Community Design, and Historic Resources allow for the type and densities/intensities of development as outlined. Policy LU-2.2: Require new infill development to be designed for pedestrians and automobiles equally, and to provide connections to transit and bicycle facilities. R:Projods1Hbgbk00TEIR\Dreft1/24.10 Land Usenzmo.doo 4.10-8 Land Use and Planning Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report • Implementation Action: Continue development review of applications for infill development between the various City departments and regional-serving agencies to coordinate and maximize non-vehicular connections within the proposed developments and connecting to other areas of the City. Policy LU-2.3: Provide direct pedestrian connections between development projects where possible. Implementation Action: Establish procedures that allow City staff, during their review of infill development applications, to require pedestrian access studies to ensure that each development has maximized convenient and safe pedestrian connections to existing surrounding developments and public rights-of-way. Policy LU-2.4: Promote complementary infill development, rehabilitation, and re-use that contribute positively to the surrounding residential neighborhood areas. Implementation Action: Develop guidelines or standards that am specific to potential infill development sites to ensure that developers have considered the individual needs of the community and unique characteristics of the aesthetics, particularly those lots identified within each of the specific mixed use designations. Policy LU-2.5: Facilitate effective use of land constrained by challenging parcel sizes and dimensions, and encourage consolidation of parcels to provide greater development flexibility. Implementation Action: Encourage infill development proposals to combine parcels and achieve superior design solutions to address site constraints and aesthetic quality. GOAL LU-3: Encourage sustainable development pattems that link transportation improvements and planned growth, create a healthy balance of jobs and housing, and protect the natural environment Policy LU-3.1: Encourage the creation and maintenance of regional employment, cultural and retail destinations, as well as a full range of amenities and services to support residents of Rancho Cucamonga. Implementation Action: Continue to implement the City's economic development programs and community services programs. Policy LU-3.2: Encourage a mix of retail, service, industrial and manufacturing, and professional uses that creates diverse, well-paying employment opportunities. Implementation Action: Focus economic development initiatives on in fill sites and on businesses that can provide a range of employment opportunities for skilled and professional workers. Policy LU-3.3: Locate regionally serving land uses with immediate access to the regional transportation network that is designed to provide maximum access capabilities and permit maximum dispersal of traffic. Implementation Action: Review and modify, as necessary, zoning designations along • Foothill Boulevard and 1-15 for consistency with General Plan land use designations. a:Pa,oledsvwgieuoOTEiad f41.lo Land Use-021110.doo 4.10-9 Land Use and Planning • Etiwanda Specific Plan Part II, Chapter 5 '. 5.23 COMMERCIAL AND OFFICE DISTRICTS .100 Establishment of Commercial and Office Districts In order to carry out policies of Chapter 3, the following Commercial and Office Districts are established: NC .Neighborhood Commercial District FC Freeway Related Commercial GC General Commercial District OP Office Professional District /CS .Community Service District • .200 Prohibited. Permitted and Conditional Uses .201 Objectionable Uses and Processes Prohibited: No uses shall be permitted and no process, equipment, or materials shall be employed which are found to be detrimental to the public health, safety, or welfare by reason of odor, fumes, dust, smoke,cinders, dirt, refuse water-carried wastes, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature, or to involve a hazard of fire or explosion. • .202 Limitations on Permitted and Conditional Uses on Property in Proximity to an Existing Church: { No delicatessen, restaurant, service station, theater, auditorium, nor any business selling or serving alcoholic beverages,on or off site,shall by located with 1,000 feet of an existing church use. .203 The following schedule indicates by the symbol"P'the uses that shall be permitted in each commercial district, and by the symbol"C"the uses that shall be permitted upon the granting of a Conditional Use Permit. 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We Want to be a Valuable Addition to Your Neighborhood FACT SHEET Proposed Funeral Home on Etiwanda There's been a lot of talk about the proposed MYTH:The funeral home will have no positive impact on our neighborhood funeral home on Etiwanda Blvd. and the FACT:The funeral home will have a positive economic impact on the myths are becoming legendary. Following city of Rancho Cucamonga are some myths and facts you should Estimates show: consider. 1.25.2 new jobs will be created by the presence of the funeral home MYTH:Property values will plummet with a funeral home in the 2.21.9 new jobs will be created due to the construction neighborhood. expenditures FACT.Home values do not decrease due to the proximity of a 3.Revenue from the employment impacts of the operation of the funeral home funeral home are estimated to be$1,696,475.00 annually In a 2012 study done by Cushman&Wakefield of Texas,Inc., 4.State and local government agencies will receive$116,00.00 in single family home values near a newly constructed funeral home additional taxes annually were not negatively impacted in value.Cushman&Wakefield 5.The funeral home will attract approximately 3,000 visitors concluded;"Based on our analysis,this data indicates that the annually who will stay in local hotels,shop from local stores, construction of the funeral homes did not appear to adversely and eat in local restaurants. impact the home values for the residences located in their close 6.The funeral home will purchase some of its supplies to support proximity." its operation within Rancho Cucamonga. MYTH:In an article titled,"The`Bad Neighbor'List:Seven Types MYTH:The funeral home is just the start of multiple deathcare Of Bad Neighbors That Will Impact A Home's Value," services which will be provided in this location Brian O'Connell asserted that the Appraisal Institute FACT.By design,the building will not accommodate any pre or post studied and concluded that having a funeral home as a funeral services neighbor could reduce your home value as much as 15%. FACT According to the Senior Manager of the Lum Library MYTH:Funeral services are not being and have never been conducted at the Appraisal Institute,this claim is completely in this neighborhood unsubstantiated.In fact,he concluded,after performing FACT Etiwanda Gardens has hosted funerals,including visitations a literature search,contacting the Editors of their two and viewings,for many years. publications,and contacting the managers for the . Institute's media releases,that this statement had never MYTH:Residents of this neighborhood were unaware that a funeral been made."Knowledge of this statement could be found service provider could potentially build here ÷`�nowhere in our materials." FACT:There are many obituaries that show that viewings and �PPJ� visitations were taking place at the same time the affected IYTH:The additional traffic generated by the funeral home will neighborhood was being built or before homes were built 4.‘Q. cause traffic jams and lengthy waitsr,` there.Therefore,residents did purchase homes right next to a FACT:Traffic in the local area will be impa0d minimally facility performing the services that will be performed by SCI. In September 2012,a traffic study of the proposed site was conducted by Albert Wilson& of Long Beach,CA.Using MYTH:Thee is no benefit to the community to have a funeral home y in the ril,hborhood a similar model in a similar location,they concluded that traffic FACT: '`r�. eral Homes is a community partner,raising over directly related to funeral processions at this location will take -r. dk on for the American Diabetes Association over the approximately 4 minutes per procession. We anticipate no more past.;ve years,donating fugral services to first-responders than 100 funerals with processionals taking place per year.It can killed in the line of duty, proing over 1000 burials with be anticipated that additional traffic at this location due to funeral military honors to indigent digent-vet ,and state-of-the art grief processions is expected to be approximately 8 minutes per week management services to all who n them. MYTH:There can be no worse neighborpan a funeral home When Riverside Officer Ryan Bonaminio was killed in the line of duty FACT:This parcel of land is zoned(OP) &lice Professional, in 2007,SCI funeral homes was there to facilitate the burial services. of the Etiwanda Specific Plan,not residential and will eventually be used for a business of sortie kind MYTH The neighborhood air quality will be adversely impacted FACT:An air quality analysis showed a"Less than significant impact" Permitted&Conditionally permitted uses include funeral in all air quality categories homes,convalescent homes,cigar stores&smoke shops, home improvement stores,arcades,liquor stores,convenience A study by Michael Brandman Associates showed in every category stores,drive-through restaurants,parking structures,and storage that the funeral home project would have a"less than significant facilities. impact"on air quality. For more information please contact Lou Desmond at 909-680-0411 or email EtiwandaFuneralHome @gmail.com. v a _ .. ...-___.. __ -w....._- -_ et' . ... .. y L w . W • -at 4' yy ' \� � .1 FIST' ...-: -.. _ - _ --- ' }_a :. _ ti lie "1.4141.11"1.1.0 . _ _.� - _,riiii411bitiritHill414Thk.,,_. • —__.__ 4'Parkway •Puhk } CA C4EWOOD STREET 7-04Shub Planing 0 (% I . r- UMW _ Y w:11'UiED FU11/RE ! i !' RYING 1 1 . r fit , a I• Enhanced r - . e • y,. Entry Monumenfanrn .i - I walls and PIIcoton; - +-xF ,� �iNFRAI �"} ' -): Peden - - t,, Entry Wolk c Planted . Poh - I I ■ • t .ac,. - -Patio w/+•...Tress �y , . �y L ._. r - s • PROPOSEOIWO.51041 PROPOSED IWO SI'R, 4'Pubic OFSCE I40G. ..40 4&C, adesn'ak C Parkway I • _ J—I —J We are Service Corporation International—the company families turn to for compassionate and professional funeral,cremation and cemetery services.Under the umbrella of the Dignity Memorial®brand,we care for more than 300,000 families each year throughout North America.Our professional caregivers are dedicated to supporting families struggling with loss.We believe every life has a story and we are privileged to bring those stories to life with grace,honor and dignity. • Rancho Cucamonga is a people first community with a focus on families. We are the proud residents of Rancho Cucamonga. We have watched this great city grow and thrive under the guidance of our Mayor and our City Council members past and present. Thank you for your time this evening. Thank you to the City Staff for your hard work. We'd also like to express our utmost gratitude to the Planning Commission for their intense knowledge of Zoning, City Planning, The General Plan and the Etiwanda Specific Plan. Their identification of the incompatible use of this parcel and the denial of this project has demonstrated the skill possessed by the commission to over 250 residents and the entire community, every one having a strong interest in the outcome of their family's future. The community has now had the opportunity to observe the appointed panel and those who appointed them in upholding their responsibilities as the leaders of this city. Also, thank you to the community of Etiwanda for attending. Coupled with our report and research materials, we believe we will present to you enough information to assist you in upholding the Planning Commission's decision. "This project will be detrimental to the public health, safety and welfare". Impact of a Funeral Home What our city demographics show, is that Rancho Cucamonga is not a retirement Community, with just 7.9% of our population over the age of 65, 11.j and with the certainty that our population is living longer than ever, (2.) this leaves very few residents for a funeral home to process. Though we recognize that people of all ages die, the majority are over 65 years old. There is no way to justify this project as being "for the greater good of the entire community" the city demographics do not support this claim. The notion that this city is underserved by mortuaries is absurd. Etiwanda Gardens, directly across the street from the proposed site already performs the exact functions proposed by the applicant. There is no need for the residents of Rancho Cucamonga to go outside the city for funeral services. Providers are easily found in the Yellow Pages. In addition, this funeral home can only cause a "redistribution" in funeral services...taking business from our existing independent providers. All financial benefits and Capital Improvements to City land, such as the widening of Etiwanda and employment through construction, landscape and regular day to day business is not unique to a funeral home. Any business building at the site will be obligated to make these same improvements to infrastructure and employment. The Residents are aware that Cremation is not permissible at the proposed site. The fact that this proposal does not include embalming services at this time, means nothing. The Applicant refers to this project as a "Traditional Full Service Funeral Home". City Staff stated; there is nothing in place to stop them from requesting to permit these services in the future. We believe once they are established they will garner the permits necessary and begin embalming. Letters received on behalf of the funeral home; The Resident; This individual lives more than two miles away from the proposed site. He does not have to live with this funeral home on a daily basis. He can choose to avoid Etiwanda Ave. Public records show that he does not hold title of the address he provided in his letter. As property owners we have a long term vested interest in our homes and in our community. The owner of the Services Company; Although we feel great sympathy and compassion for his recent loss, had he used the services of our local Cucamonga Mortuary, they would have worked together with his church. We are certain they would have been able to assist him with the details and arrangements through a very difficult time. The Construction and Painting Contractor; The difficult economic times have affected everyone, not just your businesses. Poorly run businesses fall victim during these downturns in the economy. The services that your businesses provide would be available to less objectionable businesses located in the center of a residential neighborhood. When you lack sensitivity towards the residents of a community, when you chose to endorse this project you've lost the opportunity to conduct business with hundreds of residents as well as other businesses in the community. Also, your decision to support this project is clearly based on a potential financial gain from one business, not on a long term commitment to the consumers of this community. The Florists; The comments that several florists in the City have closed is a sign of our times. Realize, your business has become a luxury boutique. The consumer today has many options when purchasing flowers, a dozen roses can be purchased in a supermarket for as little as ten dollars vs. seventy five dollars at a florist. During difficult economic times with the lack of disposable income, consumers adjust their spending habits and many times will choose to make purchases at local club stores, supermarkets and on the internet rather than purchase through a specialty shop. Again, your lack of sensitivity towards the residents of the Etiwanda area will now cause you an additional loss of business. The Hotel Worker; As the director of sales and marketing for a major hotel, one would think this individual would be able to locate Cucamonga Mortuary and could have been benefiting from such a partnership all along. Your letter expresses the hope of capturing future hotel patrons. You clearly are not actively recruiting additional death business into your facility. Perhaps because of what the constant reminders of death would do to your hotel is precisely what we as residents wish to prevent from happening permanently outside of our front doors; To be uninvited guests to a funeral on a daily basis. All of the people in support of the funeral home do not live within viewing distance of this project. The people who live here cannot choose to take other routes or other streets to avoid this highly objectionable feature-the funeral home. We will be stuck with it right outside our front doors. Business Practices of Service Corp International In the death business, The applicant is a giant in the industry whose original business plan to "cluster" funeral homes has become a worldwide multi-billion dollar business. (15.) The business practices of this industry giant have been extensively documented by the news media. The CBS news documentary 60 minutes portrays shocking and gruesome depictions of mass graves and broken burial containers in Burr Oaks, IL. "They are accused of removing headstones, digging up coffins and dumping human remains in mass graves so they could re-sell burial plots, where hundreds of bodies were thrown out" (116.). Attorney Michael Avenatti states "I think this company is driven by profits above all else." In Los Angeles court he presented testimony by groundskeepers who testified they were ordered to cram new graves so close to old ones, they had to break into existing burial containers and throw human remains in the cemetery dump. (116.} Lawsuits and complaints against this applicant continue to dominate the headlines; {20.) (21.) The Washington Post reports; An SCI facility storing naked bodies in various stages of decomposition in conditions described as "disgusting, degrading and humiliating." Including the bodies of veterans destined for the hallowed grounds of Arlington Cemetery who were left in an unrefrigerated rack in a garage. (17.) Funeral Home Violence All over the country there have been numerous deaths and injuries including a 5 year old and another juvenile. Also injured were several innocent bystanders in shootings taking place at funeral homes. (118.) Lastly, I have included a professional newsletter geared specifically towards funeral homes called "Mortuary Management". The heading and topic ; "Tumultuous Funerals when the deceased can't rest in peace". (119.1. The images do not evoke one of a friendly funeral home moving into our neighborhood. These depictions cause the pain and discomfort of images we have seen in the atrocities of past world wars. Prior to now, we would not have believed these things could have occurred here, here, in the United States of America. Much less trying to bully their way into our neighborhood. Crime does occur in Funeral Homes and we as residents fear for our safety. You cannot allow this business into the midst of a family neighborhood. Incompatible Land Use Etiwanda Site - Neighborhood Compatibility: A funeral home is not a compatible land use at the Etiwanda Site. In the past few years, the area has become entirely residential. In some cases zoning does not realistically fit with the existing land use. Zoning on this parcel is incompatible with the adjacent properties. In these Satellite photos, 123.) You can clearly see the area is now dominated by residential properties. The Project is inconsistent with the Goals and Policies of the General Plan; Goal LU-1 ; "Ensure established residential neighborhoods are preserved and protected, and local and community-serving commercial and community facilities meet the needs of residents". Policy LU-1.1; "Protect neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment". The Etiwanda Specific Plan Section 5.23.311 states; "Where proposed commercial or office professional development abuts on an established existing use of equal or lesser intensity, or a school, church, or other sensitive land use, such a new development shall recognize and respect existing conditions and uses, and shall be designed with sensitivity to minimize impact on the existing uses," The Etiwanda Specific Plan Section 5.23.201 States; "Objectionable Uses and Processes Prohibited: No uses shall be permitted and no process, equipment, or materials shall be employed which are found to be detrimental to the public health, safety, or welfare by reason of odor, fumes, dust, smoke, cinders, dirt, refuse water-carried wastes, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature or to involve a hazard of fire or explosion". Local Mortuaries: In these Satellite photos {24.) you can clearly see other mortuaries located in the area are all surrounded by a density of business. These mortuaries are in the mist of drive thru fast food, banks, auto parts stores, gas stations, car washes and restaurants. All of the local funeral home sites are surrounded by a density of commercial property and business. The Etiwanda site is not. The Etiwanda site is situated in an historic enclave; even the businesses located there are of a quaint nature such as Barbara's Tea House, the Old Court House and the Old Post Office. Contrary to the fact sheet brochure put out by SCI; Convalescent Homes, Home Improvement Stores, Arcades, Liquor Stores, Drive thru fast food, Parking Structures and Storage Facilities are NOT permitted uses of the Etiwanda Site. AT ALL! As verified by the City Planning Department on 11/05/2012. Etiwanda Site vs. Market Analysis Models: California and the City of Rancho Cucamonga are anomalies in the real estate market (26.1 and in the history of property values in the United States. "The Market Analysis report states that it did not inspect the Rancho Cucamonga location and they do not have an opinion of the comparability" In this graph (27.) you can clearly see that between 2003 (pre-announcement) and 2005 (opening) 90804 Long Beach, CA experienced a 46.5% gain. During the same time period 91739 Etiwanda showed more than a 56% gain. Both areas showed significant gain during an aggressive California market. In early 2006 there was a decline in the California market. Both zip codes show decline. However you can clearly see in the graph the Long Beach location has suffered a 114% loss. Whereas the Etiwanda location shows only a 57% loss. The only discernible difference? A Funeral Home in 90804 Long Beach. The Long Beach market was unable to recover after the Funeral Home was built. These satellite photos iflj. show the locations used as models in the Market Analysis, if you look at these locations, they are clearly not comparable to our neighborhood. This project will be detrimental to the public health, safety or welfare, generally, under the Rancho Cucamonga General Plan and the Etiwanda Specific Plan. Psychological Impact, Testimony & Letters The emotional and impassioned pleas of a community were heard at the Planning Commission meeting of July 25, 2012. A veteran who fought for our freedom, who served two tours of Vietnam and suffers from PTSD, spoke about his condition, and how it exactly pertains to death, how he cannot get the smell of death out of his nose. How no one could know how badly this will make him suffer. Another veteran who recently served two tours in Iraq spoke of how he never dreamt he would face death again so closely, much less in his own backyard. People spoke of how helpless they feel, not to be able to protect their children from this. How a little child who is unable to sleep at night without a light, overlooks the proposed site. A young boy testified that he has asked his parents to move because his father is a police officer and he already faces a daunting task every single day, of the constant reminder that his father may not come home. We heard a teenage young man describe his happy life in foster home and how that will end for him and his young brother because they have faced enough death in their life and will have n o choice but to ask to be placed in a new foster home. We read letters from people who are begging you, for their family's sake, not to allow this project to go through. From a resident who suffers from cancer, who began to shake while reading the notice, and how excruciating it is to have one's mortality brought to the forefront of their family life at this difficult time. We read a letter from a psychologist notifying you of the possible adverse psychological effects to the community. You see, the psychologically of death is a study in itself. We heard the community speak out in force against this project. We both read and heard residents take issue with the obsolete zoning laws, the loss of real estate values, the safety of children walking to school, the traffic issues, as well as emotionally compromised bereaved drivers, and the fact that there already exists a site, grandfathered in that holds funerals, weddings, banquets and community events. We've heard many complaints regarding the placing of a funeral home amongst the historic homes, historic points of interest, the Filipe Winery and the upscale Victoria Gardens Lifestyle center. We've read letters from local business's who feel they will be adversely affected, as well as complaints from employees of local businesses and of Victoria Gardens Mall. We read a letter from a realtor who stated that he understood how truly vested the homebuyer is once they purchase their property. I'm asking you now, to think about your home. Think about your Childhood home. Think about your children, and your grandchildren. Home is where you build your life. Family gatherings at the holidays, the warm and loving feelings of Thanksgiving and Christmas. Birthdays Graduations LIFE. That is what happens in our homes. LIFE Could you open your front door only to witness the sadness of a bereaved family sobbing? Could you witness the heart wrenching pain of a family's grief? Could you be an uninvited guest at a funeral on a daily basis? The proposed project forces this on residents. In all good conscience, you cannot approve this project. The psychological damage is too great a burden for the residents to bear. Closing Comments: On the surface this appears to be a "clash between rights", the right of a large corporation to expand their empire and the right of a small community to have comfort and repose sought in home ownership. It is true that capitalist ideology holds a powerful influence in our society, like the idea of the "American Dream"- that if you work hard and are determined, you will be successful. On that one aspect SCI and the community can both agree. But this issue runs much deeper than a conflict over the American dream. At the heart of this struggle is the pressure of profitability over social responsibility. Besides serving the interests of owners and stockholders there is a moral and ethical responsibility to the local community. These ethical responsibilities go beyond the law. The blatant disregard for the community and the subtle threats are further cause for alarm. The first line of our wonderful mission statement affirms "to make decisions, and be perceived as making decisions, for the general welfare of the community". Our mission statement also states "reflect the community's desires and priorities by assuring that decisions accurately reflect the community's interests". This project or the ones responsible for it do not reflect our values and we ask that you uphold the planning commission's decision and stop this project from moving forward. MEMORANDUM k I PUNNING DEPARTMENT LJ a. RANCHO Date: November 1, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development By: Mike Smith, Associate Planner Subject: APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. - A request to construct and operate a funeral home (that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porte- cochere of 1,371 square feet on a vacant parcel of 2.32 acres (note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located near the southeast corner of Etiwanda Avenue and Candlewood Street - APN:1100-031-07. Related file: Development Review DRC2011-01094D. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Attached is "Impacts of a Rancho Cucamonga Funeral Home Investment" prepared by Paul Sommers, Ph.D., Regional Economist (dated May 2012). This additional information was received at 12:55pm on Thursday, November 1, 2012. Staff has not had the opportunity to review this report and is forwarding it to the City Council for their consideration. Staff may comment on the report at the public hearing on November 7, 2012. Impacts of a Rancho Cucamonga Funeral Home Investment Paul Sommers,Ph.D., Regional Economist Green Cove Springs,FL May 2012 Report for SCI California Funeral Services, Inc. Introduction This report provides estimates of the local economic impact of a new funeral home facility planned for a site in Rancho Cucamonga,CA. These impacts include direct employment, revenues,and taxes associated with the funeral home itself, expenditures made by attendees at funerals conducted at the new facility, and the multiplier impacts of all of these expenditures. The multiplier impacts are estimated using a well known input-output model IMPLAN configured for local Rancho Cucamonga economic conditions. Project Characteristics and Assumptions used in the Analysis. SCI California Funeral Services, Inc. (SCI)plans to build a funeral home at Etiwanda Avenue and Candlewood Street in Rancho Cucamonga,CA. This facility will have a 6,911 sq. ft. structure that may be expanded by 1,872 sq. ft. in the future. The 98,000 sq. ft. lot will also have 78 parking spaces. The facility will require$2.3 million in construction costs. Because there is only one funeral service provider currently in Rancho Cucamonga, many funerals for local residents are conducted in other jurisdictions. Approximately 1,600 deaths occur annually within a 5 mile radius of the project site, and only 110 funeral services were provided by the current local funeral service provider. As a consequence, SCI expects the new facility to attract at least $1.353 million in annual business provider by the third year of operation from local residents who would prefer to use a local service. SCI's projection of revenue for the third year of operation is used to allow sufficient time for local residents to become accustomed to the new funeral service provider and for the new operation to build a local reputation. The use of this third year projection is a conservative estimate of impacts since SCI expects revenues to continue to grow after the third year. This new business located in Rancho Cucamonga will have a substantial local economic impact. The funeral home itself will have employees who may live in the area and spend their earnings at local businesses. The funeral home will also purchase supplies to support its operation,and some vendors will be located within Rancho Cucamonga. Some funeral attendees will travel to Rancho Cucamonga, stay overnight in a local lodging facility, and purchase food and beverage services while staying in the area. SCI expects to conduct about 400 funerals or cremations per year,roughly half cremations and half funerals. Of this total, 100 cases will be direct cremation cases without a service or visitation, 100 cremation cases will involve visitation and/or a chapel service, and 200 will be traditional full body services with visitation, chapel service and transport to a cemetery in the area. Each of the service or visitation cases will attract an average of 50 attendees. Some of economic impact of the funeral home operation will be due to due to visitors who will travel to Rancho Cucamonga from distant locations to attend a funeral. No firm data exist on the proportion of attendees who will travel from distant locations to attend these funerals. For illustrative purposes we use a conservative estimate of 20 percent of funeral attendees, or 10 per funeral. A total of 300 cases will involve a visitation and/or chapel service. Thus the area can expect 300 x 50 x 0.20 out of town visitors, or 3,000 new visitors to Rancho Cucamonga annually who stay overnight in a local hotel and purchase meals in local restaurants. Lodging costs of these 3,000 visitors are estimated using the median of room rents for 6 local hotels. Room rates were found in May 2012 using web based service.' The median of these hotel rates is$119 per night. This room rate results in an estimate of annual hotel expenditures in Rancho Cucamonga of $357,000. Food expenditures of these visitors to Rancho Cucamonga are estimated using federal per diem rates that are designed to reimburse federal employees for expenses occurred while traveling on agency business. These per diem rates are estimated for a wide variety of locations in the United States. Many private businesses whose employees get reimbursed for travel expenses also use the federal per diem rates to establish allowable expenses. The per diem rate for Rancho Cucamonga is $96.00.2 With this level of daily expenditures for food and beverage, the 3,000 annual visitors attending funeral services would spend a total of$288,000 annually at Rancho Cucamonga restaurants. Summarizing the new economic activity in Rancho Cucamonga, the table below shows all of the new activity expected as a consequence of the operation of the funeral home in the second column of the table. This table also shows the employment impacts predicted by the IMPLAN input-output model configured for Rancho Cucamonga. Direct employment impacts are those associated with the funeral home,hotels, and restaurants. Indirect impacts are associated with companies supplying goods and services to the funeral home,hotels, and restaurants. Induced impacts are the jobs resulting from the payrolls of the funeral home, hotels, and restaurants. The workers in these establishments will spend some proportion of their paychecks in local businesses. Direct employment impacts of the funeral home operation include 18.8 jobs. Indirect employment impacts amount to 1.8 jobs, and induced employment impacts are estimated at 4.4 jobs. Adding these figures, the total employment impact of the operation of the funeral home is 25.2 jobs. Employment Impacts of the Operation of Rancho Cucamonga Funeral Home Revenue Direct Indirect Induced Total Hotel expenditures 357,000 3.1 0.6 0.5 4.3 Restaurant/bar expenditures 288,000 4.7 0.3 0.5 5.6 Funeral home revenue, year 3 1,051,475 11 0.9 3.4 15.3 Total 18.8 1.8 4.4 25.2 http://bookings.hotelguides.com 2 http://www.gsa.gov/portal/category/100120 These 25.2 jobs are distributed across many industries in the local economy. The table below shows the distribution of jobs by industry. Most of the impact is in service industries, with a few retail trade jobs, and small impacts amounting to a fraction of a job in other industries. • Distribution of Employment Impacts by Industry Direct Indirect Induced Total Agriculture 0 0 0 0 Mining 0 0 0 0 Construction 0 0.1 0 0.1 Manufacturing 0 0 0 0.1 TIPU 0 0.1 0 0.1 Trade 0 0.2 1 1.2 Service 18.9 1.4 3.2 23.5 Government 0 0.1 0.1 0.2 Total 18.9 1.8 4.4 25.2 The businesses and individuals who will benefit from operation of the funeral home will pay additional taxes as a result of their additional revenue or income. The table below shows estimates of the additional tax receipts to state and local government agencies as a result of the operation of the funeral home. Annual tax receipts to state and local government agencies sum to $223 thousand. State and Local Tax Impacts of the Funeral Home Operation Tax Paid Dividends $260 Social Ins Tax- Employee Contribution $1,481 Social Ins Tax- Employer Contribution $3,431 Indirect Bus Tax: Sales Tax $54,118 Indirect Bus Tax: Property Tax $59,009 Indirect Bus Tax: Motor Vehicle Lic $1,233 Indirect Bus Tax: Severance Tax $21 Indirect Bus Tax: Other Taxes $10,068 Indirect Bus Tax: S/L NonTaxes $5,466 Corporate Profits Tax $6,370 Personal Tax: Income Tax $61,434 Personal Tax: NonTaxes (Fines- Fees $15,720 Personal Tax: Motor Vehicle License $2,514 Personal Tax: Property Taxes $1,338 Personal Tax: Other Tax (Fish/Hunt) $588 Total State and Local Tax $223,054 Construction Impacts In addition to the continuing impacts of the funeral home operation, the$2.3 million construction budget will generate additional economic impacts as show in the tables on the next page. The construction project will be of only a few months duration, but they include 15.4 construction jobs that will stimulate a total of 21.9 jobs due to 2.3 indirect and 4.2 induced jobs. These jobs will be short duration jobs lasting about the duration of the construction project. Employment Impacts from Construction Construction Cost Direct Indirect Induced Total Construction cost 2,300,000 15.4 2.3 4.2 21.9 State and local tax receipts resulting from the construction expenditures total $116,614. State/Local Tax Impacts from Construction Reciepts Dividends $308 Social Ins Tax- Employee Contribution $1,917 Social Ins Tax- Employer Contribution $4,441 Indirect Bus Tax: Sales Tax $26,595 Indirect Bus Tax: Property Tax $28,998 Indirect Bus Tax: Motor Vehicle Lic $606 Indirect Bus Tax: Severance Tax $10 Indirect Bus Tax: Other Taxes $4,948 Indirect Bus Tax: S/L NonTaxes $2,686 Corporate Profits Tax $7,531 Personal Tax: Income Tax $29,043 Personal Tax: NonTaxes (Fines- Fees $7,431 Personal Tax: Motor Vehicle License $1,189 Personal Tax: Property Taxes $633 Personal Tax: Other Tax (Fish/Hunt) $278 Total State and Local Tax $116,614 Summary of Analysis The construction and operation of a funeral home in Rancho Cucamonga will result in additional funeral services conducted within the city. This added economic activity will also attract out-of- town attendees who will make expenditures for lodging and food services. The total impact of this operation, including multiplier impacts, includes 25.2 new jobs in Rancho Cucamonga, and added state/local tax revenues of$223 thousand. During the construction process, an additional 21.9 jobs will be created due the construction expenditures and multiplier impacts of the construction process. State and local government agencies will receive an additional $116 thousand in tax receipts. RESOLUTION NO. 12-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT DRC2011-01094, A REQUEST TO CONSTRUCT AND OPERATE A FUNERAL HOME (THAT WILL NOT INCLUDE A CREMATORY, A CEMETERY, NOR CONDUCT EMBALMING) WITH A FLOOR AREA OF 6,911 SQUARE FEET AND A PORTE-COCHERE OF 1,371 SQUARE FEET ON A VACANT PARCEL OF 2.32 ACRES WITHIN THE ETIWANDA AVENUE OVERLAY DISTRICT IN THE OFFICE PROFESSIONAL (OP) DISTRICT OF THE ETIWANDA SPECIFIC PLAN, LOCATED NEAR THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND CANDLEWOOD STREET;AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1100-031-07. A. Recitals. 1. HMR Architects, on behalf of SCI Funeral Services, Inc., filed an application for the issuance of Conditional Use Permit DRC2011-01094, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On July 25, 2012,the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing and prior to and during the public hearing, staff collected letters, a petition containing opposition to the project and an exhibit depicting various potential alternative locations for the proposed use from the public, all of which have been incorporated into the official record. 3. At the July 25 2012 the Planning Commission noticed public hearing, the Planning Commission received testimony from 33 speakers who for the most part were in opposition of the project. 4. Following the conclusion of said July 25, 2012 public hearing, the Planning Commission directed Planning Department staff to prepare a draft Resolution of Denial for action as a Consent Calendar item at the Planning Commission meeting to be held on August 8, 2012. 5. On August 8, 2012,the Planning Commission of the City of Rancho Cucamonga reviewed the draft Resolution of Denial as a Consent Calendar item and adopted Resolution No. 12-36, thereby denying said application. 6. The Planning Commission's adoption of Resolution No. 12-36 denying the application for Conditional Use Permit DRC2011-01094 was appealed in a timely manner by the applicant to this Council. 7. On November 7, 2012, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 8. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW,THEREFORE, it is hereby found, determined,and resolved by the City Council of the City of Rancho Cucamonga as follows: CITY COUNCIL RESOLUTION NO. 12-171 DRC2011-01094 - SCI FUNERAL SERVICES, INC. November 7, 2012 Page 2 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part"A,"of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced November 7, 2012 hearing, including written input from the applicant and the public, staff reports, the minutes of the above-referenced Planning Commission meetings,and the contents of Planning Commission Resolution No. 12-36, this Council hereby specifically finds as follows: a. The application applies to a vacant, irregularly-shaped parcel located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street; and b. The parcel is approximately 164,200 square feet (3.77 acres) in area. As part of the proposal, the applicant has submitted a Lot Line Adjustment (Related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line. Following the adjustment the rectangular parcel will have an area of approximately 101,000 square feet (2.32 acres) with overall dimensions of approximately 350 feet (east to west) by approximately 307 feet (north to south); and c. To the west across Etiwanda Avenue and north across Candlewood Street of the project site, are single-family residences. To the east is the 1-15 Freeway. To the south of the project site are two,small buildings— a post office and an office, while immediately to the northwest of the project site is the historic Cour House; and d. Neither the office buildings, nor the Cour House identified above are part of this project; and e. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use(MU) District, Victoria Planned Community;and f. The proposal is to construct and operate a one-story funeral home of 6,911 square feet. Operations will be limited to the arrangement of services,wakes/visitations, and funerals for the deceased and their families. Pre-funeral services, such as the preparation of the deceased, embalming, and body dressing, and/or post-funeral services, such as cremation and/or burials, are not proposed; and g. The proposed hours of operation are between 8:00 a.m. to 5:00 p.m. (Monday through Friday) and between 10:00 a.m. to 4:00 p.m. (Saturday and Sunday). Evening visitations, if requested, will be conducted between 6:30 p.m. and 8:00 p.m. Funeral services and associated activities are anticipated to occur a maximum of three (3) times per week. The duration of a funeral service will vary; and h. The proposed use is not compatible with the adjacent residential neighborhood in that it has caused and will cause emotional stress in a significant percentage of neighboring residents who clearly expressed an aversion to the use; and i. The use will result in a reduction of market value of neighboring residences. CITY COUNCIL RESOLUTION NO. 12-171 DRC2011-01094 - SCI FUNERAL SERVICES, INC. November 7, 2012 Page 3 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1, 2, and 3 above, this Council hereby finds and concludes as follows: a. The proposed project is not consistent with the objectives of the General Plan. The proposed project conflicts with Goal LU-1 of the General Plan requiring that land use development should "ensure established residential neighborhoods are preserved and protected, and local and community- serving commercial and community facilities meet the needs of residents."Specifically,the proposed project conflicts with Policy LU-1.1 which is aimed at "protect[ing]" neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment"; and b. The proposed project is not in accord with the objectives of the Etiwanda Specific Plan, and the purposes of the district on which the site is located. Per Section 5.23.311 of the Etiwanda Specific Plan, "where proposed commercial or office professional development abuts on an established existing use or equal or lesser intensity, or a school, church, or other sensitive land uses, such new development shall recognize and respect existing conditions and uses, and shall be designed with sensitivity to minimize impact on the existing uses."; and c. The proposed project is not in compliance with each of the applicable provisions and goals of the Etiwanda Specific Plan. The proposed project, together with the conditions applicable thereto, will be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Section 5.23.201 of the Etiwanda Specific Plan states the following: "No uses shall be permitted and no process, equipment, or materials shall be employed which are found to be detrimental to the public health, safety, or welfare by reason of odor,fumes, dust, smoke, cinders, dirt, refuse water-carried wastes, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature, or to involve a hazard of fire or explosion." and; d. The proposed project, together with the conditions applicable thereto,will be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Section 5.23.201 of the Etiwanda Specific Plan states the following: "No uses shall be permitted and no process, equipment, or materials shall be employed which are found to be detrimental to the public health, safety, or welfare by reason of odor, fumes, dust, smoke, cinders, dirt, refuse water-carried wastes, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature, or to involve a hazard of fire or explosion." 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this Council hereby denies the requested Conditional Use Permit DRC2011-01094. This Council hereby states that it would have taken the action stated in this Paragraph 4 based on either of the findings made in subparagraphs 2.h and 2.i hereof, each of which is considered by the Council to be a sufficient alternative ground for denial of the CUP. CITY COUNCIL RESOLUTION NO. 12-171 DRC2011-01094 - SCI FUNERAL SERVICES, INC. November 7, 2012 Page 4 5. This Council hereby provides notice to SCI Funeral Services, Inc. that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return- receipt requested, to SCI Funeral Services, Inc. at the address identified in City records. APPROVED AND ADOPTED THIS 7 TH DAY OF NOVEMBER 2012. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RESOLUTION NO. 12-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2011-01094, A REQUEST TO CONSTRUCT AND OPERATE A FUNERAL HOME (THAT WILL NOT INCLUDE A CREMATORY,A CEMETERY, NOR CONDUCT EMBALMING)WITH A FLOOR AREA OF 6,911 SQUARE FEET AND A PORTE-COCHERE OF 1,371 SQUARE FEET ON A VACANT PARCEL OF 2.32 ACRES OF LAND WITHIN THE ETIWANDA AVENUE OVERLAY DISTRICT IN THE OFFICE PROFESSIONAL (OP) DISTRICT OF THE ETIWANDA SPECIFIC PLAN, LOCATED NEAR THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND CANDLEWOOD STREET; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1100-031- 07. A. Recitals. 1. HMR Architects, on behalf of SCI Funeral Services, Inc., filed an application for the issuance of Conditional Use Permit DRC2011-01094, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On July 25,2012,the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and, following the conclusion of said public hearing, directed Planning Department staff to prepare a draft Resolution of Denial for action as a Consent Calendar item at the Planning Commission public hearing to be held on August 8, 2012. 3. On August 8,2012, the Planning Commission of the City of Rancho Cucamonga reviewed the draft Resolution of Denial as a Consent Calendar item and adopted Resolution No. 12-36, thereby denying Conditional Use Permit DRC2011-01094. 4. The decision represented by the Planning Commission's Resolution No. 12-36 for denial of Conditional Use Permit DRC2011-01094 was appealed in a timely manner by the applicant to this City Council. 5. On November 7, 2012, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing for Conditional Use Permit DRC2011-01094 and concluded said hearing on that date. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined,and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part"A," of this Resolution are true and correct. CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 2 2. Based upon the substantial evidence presented to this Council during the above-referenced hearing on November 7, 2012, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to a vacant, irregularly-shaped parcel located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street; and b. The parcel is approximately 164,200 square feet(3.77 acres)in area. As part of the proposal, the applicant has submitted a Lot Line Adjustment (Related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line. Following the adjustment the rectangular parcel will have an area of approximately 101,000 square feet (2.32 acres) with overall dimensions of approximately 350 feet (east to west) by approximately 307 feet (north to south); and c. To the west across Etiwanda Avenue and north across Candlewood Street of the project site, are single-family residences. To the east is the 1-15 Freeway. To the south of the project site are two,small buildings—a post office and an office,while immediately to the northwest of the project site is the historic Cour House; and d. Neither the office buildings, nor the Cour House identified above are part of this project; and e. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use(MU)District, Victoria Planned Community; and f. The proposal is to construct and operate a one-story funeral home of 6,911 square feet. Operations will be limited to the arrangement of services, wakes/visitations, and funerals for the deceased and their families. Pre-funeral services, such as the preparation of the deceased, embalming, and body dressing, and/or post-funeral services, such as cremation and/or burials, are not proposed; and g. The proposed hours of operation are between 8:00 a.m. to 5:00 p.m. (Monday through Friday)and between 10:00 a.m.to 4:00 p.m. (Saturday and Sunday). Evening visitations, if requested, will be conducted between 6:30 p.m. and 8:00 p.m. Funeral services and associated activities are anticipated to occur a maximum of three(3)times per week. The duration of a funeral service will vary; and h. The proposed funeral home will have up to four(4) employees; and i. After the funeral service, if the family of the deceased chooses to do so,there will be an escorted funeral procession to the cemetery. According to a traffic impact analysis prepared by Albert Wilson &Associates on May 11, 2012, the typical duration time for an escorted procession to pass through a particular point is approximately 3 minutes and 44 seconds, or four(4)seconds per vehicle, and is based on the assumption that there would be an average of three (3) persons per vehicle. As the funeral home's seating capacity of 168 persons,this equates to fifty-six(56)vehicles (168/3 = 56); and CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 3 j. If there is no funeral procession, then the use of the public streets will occur in a normal manner; and k. This application is in conjunction with Development Review DRC2011-01094D; and I. The parking calculation for the funeral home is one (1) parking stall per 25 square feet of assembly room, e.g. chapel, or floor area per Section 17.12.040(B)(1)(1)of the Development Code. With a chapel of 1,872 square feet, 75 parking stalls are required for the funeral home, and 75 parking stalls have been provided. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing,and upon the specific findings of facts set forth in paragraphs 1, 2,and 3 above, this Council hereby finds and concludes as follows: a. That the proposed project is consistent with the objectives of the General Plan. The proposed project is a one-story funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet. The underlying General Plan designation is Office; and b. That the proposed project is in accord with the objectives of the Development Code, the Etiwanda Specific Plan, and the purposes of the district in which the site is located. The proposed project is a one-story funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use (MU) District, Victoria Planned Community; and c. The proposed project is in compliance with each of the applicable provisions of the Development Code and the Etiwanda Specific Plan. The project will comply with the requirements for site development such as building, parking, and landscape setbacks; maximum building height; parking; landscaping; and access. The project will comply with the requirements for design including incorporating architecture that is compatible and consistent with the architecture of the surrounding neighborhood and the use of materials, finish, trim, and colors of high quality and appeal; and d. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The project site is vacant;the proposed land use is consistent with the land uses within the community where it is located, and the expectations of the community. The proposed funeral home will not include a crematorium, which could affect air quality by emitting particulate matter or odors. The building will incorporate design elements that will be consistent with the architecture of the homes in the neighborhood. Lighting will be required to comply with the City's standards for overall height and luminosity. There will not be a cemetery on-site that could cause visual distress. The project site does not contain biologically sensitive habitat, nor will any existing trees be removed. Noise and vibrations are not typical characteristics of funeral homes. Lastly, traffic generated by this project is within the expected capacity of the surrounding streets. Further, this Council agrees with evidence presented that the conduct of the proposed use as conditioned CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 4 will not create a substantial emotional aversion or negative reaction in a significant number of neighboring residents and will not negatively impact real property values. 4. 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 for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as • follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that,with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration. c. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project. d. The Custodian of Records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2,3,and 4 above,this City Council hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the construction and operation of a funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet on a vacant parcel within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan located near • CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 5 the southeast corner of Etiwanda Avenue and Candlewood Street - APN: 1100-031-07. 2) Approval of this request shall not waive compliance with any sections of the Development Code, Etiwanda Specific Plan,State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 3) Approval of this request does not include pre-funeral services, such as the preparation of the deceased such as embalming and body dressing, and/or post-funeral services, such as cremation and/or burials. These activities are prohibited. 4) The hours of operation shall be between 8:00 a.m. to 5:00 p.m. (Monday through Friday) and between 10:00 a.m. to 4:00 p.m. (Saturday and Sunday). Evening visitations shall end no later than 8:00 p.m. 5) The funeral home shall operate in conformance with the performance standards as defined in the Development Code. If the operation of the funeral home causes adverse effects upon the adjacent land uses, then the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible revocation of the Conditional Use Permit. 6) Any modification or intensification of the use including: a change in the operating hours;the addition of any activities not specifically approved with this Conditional Use Permit; interior modifications such as, but not limited to, an expansion of the floor area of the building, revisions to the floor plan, increase in the number of seats within the chapel; exterior modifications such as, but not limited to, expansion of the parking lot, revisions to the exterior of the building, installation of roof-mounted equipment or projections; and/or other modifications/intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the Planning Commission prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. 7) Easements shall be provided to the owner(s)of the adjoining parcels to the northwest and south (APN: 1100-031-06 and 1100-041-01) to allow joint access to Etiwanda Avenue and Candlewood Street via the proposed driveways and drive aisles of the project site. Documents for this easement shall be submitted for review by the City and the easement recorded with the County of San Bernardino (and other agencies/entities as may be required)prior to the issuance of Grading and Building Permits. 8) A minimum of 75 parking stalls shall be provided. CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 6 9) The output surface (face) of all lamp heads on wall-mounted light fixtures and the light standards shall be parallel to the ground in order to eliminate glare and minimize lighting on adjacent properties. The maximum height of light standards, including the base, measured from the finished surface is 15 feet. 10) The Etiwanda Avenue stone curbing shall be restored or reconstructed in conformance with adopted City standards acceptable to the Historic Preservation Commission. Photographic documentation of the condition of the curbing shall be provided prior to issuance of Construction Permits per Section 5.25.304 of the Etiwanda Specific Plan. 11) Outdoor storage of operating equipment,supplies, materials,and trash is prohibited. 12) All signs shall comply with the City's Sign Ordinance and Section 5.25.406 of the Etiwanda Specific Plan. 13) All Conditions of Approval for Development Review DRC2011-01094D shall apply. Engineering Services Department 1) Install public improvements on Etiwanda Avenue frontage (one-half street) per City "Secondary Arterial" standards and the Etiwanda Specific Plan (Fig. 5-23); including pavement to centerline of street, cobble curb and gutter, 5-foot wide property line adjacent sidewalk, drive approaches, streetlights and street trees as follows and to the satisfaction of the City Engineer. Extend improvements across the adjacent north property - APN: 1100-031-06 and join with Candlewood Street improvements. a) Provide 9500 Lumen HPSV street lights in accordance with City street lighting standards. b) Install Commercial Drive Approaches with a minimum width of 35 feet in accordance with City Standard Plan No. 101, Type-C. c) Provide access easement for adjacent south property fronting Etiwanda to allow them adequate access to Etiwanda Avenue through the south drive approach. d) Install cobble curb with a 10-inch curb face. e) Provide signing, striping, and protect existing R26 "No Parking" signs or replace. f) Provide a Class II Bike Lane on Etiwanda Avenue. CITY COUNCIL RESOLUTION NO. 12-172 • DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 7 • g) Install street trees along the project frontages per the attached "Street Tree Requirements Form". Revise the existing improvement plans as needed. 2) Prior to the issuance of a Building Permit, the proposed lot line adjustment is to be recorded with the County of San Bernardino. 3) Dedicate additional right-of-way on Etiwanda Avenue to achieve a total of 50 feet measured from centerline of street (APN: 1100-031-07). Dedication shall extend north across APN: 1100-031-06 to Candlewood Street. 4) Provide shared access 26-foot driveway on the south property line (Etiwanda) with the adjacent south parcel. A 26-foot easement for a joint use driveway and shall be provided prior to the issuance of Building Permits, whichever occurs first. 5) Dedicate additional right-of-way on Candlewood Street to achieve a total of 30 feet measured from the centerline of the street. Dedication to extend across APN: 1100-031-06 to and joining with the corner cutoff with Etiwanda Avenue. Vacate any excess right-of-way across APN: 1100-031-01 as well. 6) If garage on APN: 1100-031-06 is removed by others prior to Building Permit issuance, complete the installation of sidewalk on Candlewood Street prior to Building Permit issuance. 7) Provide an easement to accept cross-lot drainage from the NAP parcel (APN: 1100-031-06). 8) The existing overhead utilities (telecommunications and electrical, except for the 66 kV electrical)on the project side of Etiwanda Avenue shall be•under-grounded along the entire project frontage,extending to the first pole off-site (north and south), prior to public improvement acceptance or occupancy,whichever occurs first. All services crossing Etiwanda Avenue shall be under-grounded at the same time. The developer may request a reimbursement agreement to recover one-half the City adopted cost for under-grounding from future development(redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 9) Prior to the issuance of Building Permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50 percent of all wastes generated during construction and demolition are diverted away from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted CITY COUNCIL RESOLUTION NO. 12-172 • DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 8 to the Engineering Services Department when the first Building Permit application is submitted to the Building and Safety Services Department. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. Building and Safety Services Department Prior to issuance of a Grading Permit 1) The applicant shall provide a copy of EPA Form 7520-16(Inventory of Injection Wells) with the Facility ID Number assigned to the Building and Safety Official prior to issuance of the grading permit for any underground Water Quality Management Plan (WQMP) Best Management Practices (BMPs). 2) Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent. 3) Prior to removing fences or walls along common lot lines and prior to constructing walls along common lot lines the applicant shall provide a letter from the adjacent property owner(s) allowing work on the adjacent property. 4) Prior to the issuance of a Grading Permit the applicant shall provide to the Building and Safety Services Director a copy of the City of Rancho Cucamonga's Memorandum of Agreement for Storm Water Quality Management Plan for review prior to recordation of the document. The Memorandum of Agreement for Storm Water Quality Management Plan shall be recorded prior to issuance of a Grading Permit. 5) The land owner shall provide an inspection report on a biennial basis for any proposed underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm . Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 6) Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number(WDID). 7) A Grading Bond will be required to be submitted to the Building and . Safety Official for review and approval prior to issuance of a grading permit. CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 9 8) All roof drainage flowing to the public right of way(Etiwanda Avenue) must drain under the sidewalk through a parkway culvert approved by the Engineering Services Department. • Prior to issuance of a Wall Permit 1) On engineered bio-retention basin retaining walls along the property boundary, the structural calculations for the wall shall assume a level toe/heel at the adjacent off-site property (i.e. a manufactured slope is not present). In addition,the wall calculations and design shall include hydrostatic forces and shall be sealed so as to be "water tight." 2) A copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. Water Quality Management Plan 1) A Storm Water Quality Management Plan shall be approved by the Building and Safety Official and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a Grading Permit. 2) The Water Quality Management Plan prepared by an unknown entity dated January 11, 2012, has been reviewed and deemed"Incomplete" dated January 24, 2012. The following corrections are required prior to the final approval of the WQMP: Page Section Item Cover The engineer of record must wet sign and seal the document. A-4 1.2 Please include the "DRC" number in this section. 1.4 Please include the Santa Ana River Reach 3 (SAR3) which contains bacteria and pathogens in this section. A-8 2.2 In the table item 1.A and 1.0 is correct. Item 1.B should be marked "no", or as an option you may complete the table starting on page A-10 of the document. A-13 3.1.1 A sentence reads "Ultimately, a portion of that easterly strip might be constructed as a parking lot." Please address if the proposed BMPs will still work with the additional impervious area and will the 27 percent landscaping coverage remain or will the landscaping coverage be reduced. CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMRARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 10 Page Section Item A-13 3.1.1 A sentence reads"The swale will slow down the runoff and will infiltrate most of the low flow into its sand-mix section." Please provide a detail of this swale. It is our understanding that this WQMP document will move forward of the grading plan. Therefore details of all BMPs are required to allow for future inspections by the City and for review during the permitting process to determine if the proposed precise grading plan meets the requirements of this WQMP document. A-14 3.1.1 Two sentences read"The area reserved . . . parking stalls in the future." Please address how the additional impervious pavement will affect the Water Quality Management Plan requirements and the proposed BMP devices. A-16 3.1.2 A sentence reads "All areas of the side including . . ." A side of what? Please define a "side." A-17 3.1.2 A sentence reads "Only if necessary will a portion of the landscaped area be converted to parking stalls." Please address how the additional impervious pavement will affect the Water Quality Management Plan requirements and the proposed BMP devices. 3.2 We thank you for providing a copy of the educational materials in this WQMP document. However, we have some questions regarding the educational materials. Please address the following items: 0 SD-32 it appears that the requirements for a roof over the trash storage area and not placing storm drains within the immediate vicinity of the trash storage area have not been met on the Conceptual Grading and Drainage Plan; 0 SD-33 Why is this included? In the WQMP document you state that vehicle washing is prohibited; 0 TC-31 Is a vegetated buffer strip proposed? We did not see a vegetated buffer strip references in the WQMP document; 0 TC-32 One of the limitations are slopes not greater than 20%, the proposed bio-retention basin does not meet this requirement; CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 11 Page Section Item 0 "Fresh concrete and mortar application" -Will this project have on-going construction which should be included within the post- construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan? 0 "Excavation and Grading" - Will this project have on-going construction which should be included within the post- construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan? • 0 "Home repair and modeling" - Will this project have on-going construction which should be included within the post- construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan? 0 "Painting" - Will this project have on-going construction which should be included within the post-construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan? 0 "Roadwork and Paving" - Will this project have on-going construction which should be included within the post- construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan? 0 Why is the "Low Impact Development Manual" included in the educational materials? How will this benefit the property manager of the project? This document appears to be written for a designer or engineer for the preparation of the site improvement plans. A-24 3.3 A paragraph reads "by separating the low flows and high flows . . . to avoid any co-mingling of the treated and untreated runoff." Please check your design; it appears that two catch basins are intercepting low flows causing a co-mingling of the flows. A=25 3.3 In Table 3-3 the only Pollutant of Concern which is treated is "Bacteria and Viruses." Please explain why the other expected and potential Pollutants of Concerns are not treated. A-26 3.4 The WQMP document describes a vegetated swale and includes educational materials for a vegetated swale, yet Table 3.4 does not include a vegetated swale. Please clarify this issue. CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 12 Page Section Item A-27 4.1.1 0 Should a vegetated swale be included here? 0 A sentence reads "Refer to . . . TC-32 . . " Yet the bio-retention basin does not meet the stated requirements. Please address this issue. A-27 4.1.2 Please include the title of the contact person. This will allow City staff to contact the appropriate individual in the future. A-28 5.1 Please include the title of the contact person. This will allow City staff to contact the appropriate individual in the future. A-29 6 The City of Rancho Cucamonga"Memorandum of Storm Water Quality Management Plan Agreement"; the following items may be added to the agreement: • File — please add the civil engineer of record's file number here • Prepared By — please add the engineering company here which prepared this document • Checked By—please add the initials of the engineer which prepared this document • Assessor's Parcel Number— please add the APN here A-31 Exhibit A Is this legal description before or after the lot line adjustment? If it is before the lot line adjustment, please include a proper legal description for the property which is affected for the recorder's office. Please provide a full size (24" x 36") WQMP BMP exhibit within the document. In addition the letter size exhibit is missing details of the BMPs and the inspection and maintenance schedule. Please understand that the City of Rancho Cucamonga is required to inspect these BMPs on a biennial basis. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits,the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. • November 7, 2012 Page 13 the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD)as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds(i.e.,wind speeds exceeding 25 mph) in accordance with SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 14 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 11) Provide preferential parking to high occupancy vehicles and shuttle services. 12) Schedule truck deliveries and pickups during off-peak hours. 13) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 14) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 15) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 16) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods(i.e., in excess of 10 minutes). 17) All industrial and commercial facilities shall designate preferential parking for vanpools. 18) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 19) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 20) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 21) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 22) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 15 wood burning devices(i.e. fireplaces/hearths) in new development on or after March 9, 2009. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the areas archaeological heritage. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • Prepare a technical resources management report,documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures(i.e., paleontological monitoring)that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 16 completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository(i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and RWQCB)daily to reduce PKoemissions, in accordance with SCAQMD Rule 403 or replanted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PKo emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Greenhouse Gas Emissions 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil- stabilizing agent twice daily or replanting disturbed areas as quickly as possible. • 2) The construction contractor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specifications. 3) Trucks shall not idle continuously for more than 5 minutes. CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 17 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled, and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation • Limit air leakage through the structure • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances • Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems • Install light colored "cool" roofs and cool pavements • Install solar or light emitting diodes (LED's)for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets,dual flush toilets, and waterless urinals/water heaters. CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 18 • Design irrigation to control runoff and to remove water to non-vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP)specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern Califomia, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) Prior to issuance of Building Permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices(BMPs)to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 19 submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of Building Permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. • 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent(NOI)to comply with obtaining coverage under the National Pollutant Discharge Elimination System(NPDES)General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number)shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. 3) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 4) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the • • CITY COUNCIL RESOLUTION NO. 12-172 DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. November 7, 2012 Page 20 Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips(counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. This Council hereby provides notice to SCI Funeral Services, Inc. that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a)certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to SCI Funeral Services, Inc.at the address identified in City records. APPROVED AND ADOPTED THIS 7TH DAY OF NOVEMBER 2012. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA • ADDITIONAL EMAILS AND LETTERS RECEIVED (AFTER AGENDA) (As of Wednesday, November 7, 2012) From: Thomas Martinez [thomas.agent @yahoo.com] Sent: Tuesday, November 06, 2012 4:15 PM To: City Council Subject: Mortuary Please do not Allow the city to build a mortuary in the great • city of Rancho Cucamonga. Those commercial buildings should be in every city east of the 15 fwy not Rancho Cucamonga. Property Value will decrease and people will be very unhappy as a result of it. Thank You! All My Best, Ai/Nations Realty and Investments VICTORIA ORIA GARDENS Direct- 909-996-1690 Fax- 909-348-8191 CITY OF RANCHO CUCAMONGA NOV 0 7 2012 RECEIVED - PLANNING From: Carlos Gomez [ccvjl @aol.com] Sent: Tuesday, November 06, 2012 4 : 34 PM To: City Council Subject: mortuary Please vote no on the cemetery proposed form Ettiwanda CITY OF RANCHO CUCAMONGA NOV 07 2012 RECEIVED - PLANNING From: Paul [brokerproperties @aol.com] Sent: Tuesday, November 06, 2012 5: 11 PM To: City Council Subject: mortuary Hello, It has come to my attention that the Council is considering overriding the Planning Commission and allow a mortuary to be installed. This is insane, what purpose? Do we have a shortage of places to bury people? This is not in the interest of the residences of Rancho, in fact it will reduce property values, and once allowed it will never be anything else but a mortuary. The Council needs to re-think this issue. You will be voted put of office otherwise, or maybe a recall would be in order. If you moved forward, a lawsuit would cost the city plenty. Paul Johnson 909-908-6769 Sent from my iPhone CITY OF RANCHO CUCAMONGA NOV 0 7 2012 RECrri -, RESIDENTIAL SUPPORT LETTER Date: 11-07-2012 Name: Ethan Ruch Address: 9090 Manzanita Dr., Rancho Cucamonga CA 91737 I am a local resident in the area of Etiwanda and I support the proposed funeral home on Etiwanda Ave. I feel that it would add value to the surrounding area and will bring beauty to an area that is currently sitting vacant. I would prefer to have this project move into this space than some of the other permitted uses under the current Etiwanda plan. I believe that there will be no negative effect on my property value and I feel that this is an excellent project for the city of Rancho Cucamonga to pursue. I also believe that Rancho Cucamonga is in need of a full- service funeral home for its residents and that having to go outside of the city to find one is an unnecessary hards •• for loved ones who are dealing with the death of a loved one. Signature: / CITY OF RANCHO CUCAMONGA NOV 0 7 2012 RECEIVED - PLANNING BUSINESS SUPPORT LETTER Date: 11-07-2012 Name: Strategic Equity Realty Inc. Address: 9330 Baseline Rd. Suite 205, Rancho Cucamonga Ca 91701 I am a local business owner in the area of Etiwanda and I support the proposed funeral home on Etiwanda Ave. I feel that, not only would it add value to the surrounding area, but it will bring much-needed business to struggling local businesses. A funeral home in the area of Etiwanda would positively impact many industries locally including hotels, restaurants, florists, and car rental services. Local business owners are struggling in this economy and it would be wrong for the City Council to deny local businesses the opportunity to grow their business, and therefore, to grow the economy and the tax base of Rancho Cucamonga. I feel that this is an excellent project for the city of Rancho Cucamonga to pursue. I also believe that Rancho Cucamonga is in need of a full-service funeral home for its residents and that having to go outside of the city to find one is an unnecessary hard.;;lip for loved ones who are dealing with the death of a loved one. Signatur: I CITY OF RANCHO CUCAMONGA NOV 072012 RECEIVE - PLANNING BUSINESS SUPPORT LETTER Date: 11-07-2012 Name: Royalty Mortgage Co Address: 9330 Baseline Rd. Suite 205, Rancho Cucamonga Ca 91701 I am a local business owner in the area of Etiwanda and I support the proposed funeral home on Etiwanda Ave. I feel that, not only would it add value to the surrounding area, but it will bring much-needed business to struggling local businesses. A funeral home in the area of Etiwanda would positively impact many industries locally including hotels, restaurants, florists, and car rental services. Local business owners are struggling in this economy and it would be wrong for the City Council to deny local businesses the opportunity to grow their business, and therefore, to grow the economy and the tax base of Rancho Cucamonga. I feel that this is an excellent project for the city of Rancho Cucamonga to pursue. I also believe that Rancho Cucamonga is in need of a full-service funeral home for its residents and that having to go outside of the city to find one is an unnecessary hardship for loved ones who are dealing with the death of a loved .ne. Signature: CITY OF RANCHO CUCAMONGA NOV 0 7 2012 RECEIVED - PLANNING RESIDENTIAL SUPPORT LETTER Date: 11-07-2012 Name: Mike Green Address: 8167 Vineyard Ave., Rancho Cucamonga CA 91730 I am a local resident in the area of Etiwanda and I support the proposed funeral home on Etiwanda Ave. I feel that it would add value to the surrounding area and will bring beauty to an area that is currently sitting vacant. I would prefer to have this project move into this space than some of the other permitted uses under the current Etiwanda plan. I believe that there will be no negative effect on my property value and I feel that this is an excellent project for the city of Rancho Cucamonga to pursue. I also believe that Rancho Cucamonga is in need of a full- service funeral home for its residents and that having to go outside of the city to find one is an unnecessary hardship for lov ones who a - dealing with the death of a loved one. Signature: t(// CITY OF RANCHO CUCAMONGA NOV 0 7 2012 RECEIVED - PLANNING RESIDENTIAL SUPPORT LETTER Date: 11-07-2012 Name: Hector Soto Address: 6219 Cedar Hill Place, Rancho Cucamonga CA 91739 I am a local resident in the area of Etiwanda and I support the proposed funeral home on Etiwanda Ave. I feel that it would add value to the surrounding area and will bring beauty to an area that is currently sitting vacant. I would prefer to have this project move into this space than some of the other permitted uses under the current Etiwanda plan. I believe that there will be no negative effect on my property value and I feel that this is an excellent project for the city of Rancho Cucamonga to pursue. I also believe that Rancho Cucamonga is in need of a full- service funeral home for its residents and that having to go outside of the city to find one is an unnecessary hardship for e le, ones who aredealing with the death of a loved one. Signature: �`�� . r CITY OF RANCHO CUCAMONGA NOV 0 7 2012 RECEIVED - PLANNING Page 1 of 2 Villenas, Fabian From: Sandy Ziegler[sandy @dandlpr.com] Sent: Tuesday, November 06, 2012 10:35 AM To: City Council Subject: In favor of funeral home Attn: Diane Williams Follow Up Flag: Follow up Flag Status: Completed Dear Councilwoman Williams, I urge you to consider the growing community support for the proposed funeral home on Etiwanda. The Daily Bulletin posted a new article yesterday re:the proposed project and 8 out of the 11 comments (as of the time of this writing) were in favor of the funeral home. I have posted several of them below. It appears to us that many people, local and those who are not local are looking at the facts and reasoning that a funeral home is just not a problem. Here is a post from a neighbor in the area of Etiwanda who makes some excellent points: piAbnso Constantino' *Top Commenter I live in rancho cucamonga,the etiwanda area,I think this type of business would be ideal for maintaining a neighborhood feel,with the trees and large lawns.my family used to live in norco,in a mixed zoning area,homes on one side,a large empty lot on the other. the home owners would fight any attempt to develop homes on that lot. now with a big box target store on that lot,I'm sure the home owners would much prefer a residential type development. i understand the opposition by local home owners,I've been there.but unless they have the money to buy that property,they don't have any real control over the future of that lot. they might succeed in chasing away the funeral home,but they could wind up with another project that could impact their neighborhood far more. Reply - 6 1 •Like •Follow Post • 16 hours ago Here are some other comments from the same article,even though we understand that this is not a mortuary, but simply a building to hold services: 11/6/2012 Page 2 of 2 di fet I think a mortuary in the area would help the community.Mortuarys are quite,peaceful places.One •• person said it was bad for a child or and one to see death,well it happens everyday.We should be teaching and reminding people to respect death and the people or family's that have lost someone. • •Stop and pay respect as a funeral goes by! Family's have a distance to drive and a lot to arrange at the time of a death,why not have it doser to home?Its not like there will be body's sitting in the yard. This would be a respectful place for someone you may have to use it for.I thing neighbors should rethink this. Sounds like a good idea to me. Reply • 67•Like •Follow Post 14 hours ago Linda Kemppainen•PPP Real Estate Very well put Cathy,it wouldn't bother me .i have one 6-8 blocks away.. Reply •6 1 •Like • 13 hours age tiMariana Arellano-Renteria Rancho people could be so f ing ridiculous with thier upitty nose up in the air. A mortuary is a part of life and then death-why avoid whats inevitable. Reply •Like • 10 hours ago Jean Davis Levine•OA IV at San Bernardino County Sheriffs Department • = I bet most people would drive by it and never know it was a funeral home. It will be kept up better than most homes... Reply •Like •about an hour ado _ Donald Barbee•Fontana,California • i I would love to see them build a funeral home at that location,on the condition that they have to use I the creepy old house currently sitting on the lot. It would be TOO PERFECT! Seriously though,I don't see what the hang up is. It's a legitimate business that would provide tax revenue for the city.People are so short sighted and ignorant. Reply • 6 3 •Like •Follow Post • 12 hours aoo • Stephen Yang• {+Top Commenter Wow,this is the lamest case of NIMBY I've seen in a while. Just like any other community,people die j K here too. So now you want to force people to drive out of the area to mourn their loved ones?How crass is that? Reply • 6 2 •Like •Follow Post• 13 hours aoo Thank you for your time and consideration. Sandy Ziegler Account Coordinator Desmond & Louis (909)680-4011 x4 (909) 533-2372 Fax sandydandlor.com www.dandlpr.com YOUR FULL SERVICE COMMUNICATIONS SOLUTION! Thank you for your referrals! 11/6/2012 October 30, 2012 To Whom It May Concern: I am a local resident and I support the construction of the funeral home on Etiwanda. My home is less than a mile away from the project and I think that having a funeral home in the neighborhood will be beneficial to the value of the area. It seems to me that having a beautiful, multi-million dollar building that will always be kept in pristine condition as a neighbor is of greater benefit than leaving the lot empty or to leaving it open to any of the other potential commercial uses.The funeral home will bring beauty to the neighborhood and will be a very quiet, unobtrusive neighbor. I have never had any problem with traffic from any of the funerals or weddings at Etiwanda Gardens and can't understand why this would be any different. I also believe that Rancho Cucamonga needs its own funeral home. I don't think residents in their time of grief should have to go outside of our city to have someone help them make final arrangements for their loved ones. I know someone who had to do this and it was a hardship for them. I urge the City Council to support the project and vote in favor of allowing this project to go through. Gracie Martinez 13036 Malvasia Way Rancho Cucamonga CA 91739 CITY OF RANCHO CUCAMONGA NOV 0 5 2012 RECEIVED - PLANNING 14> MAMEY INVESTMENT CORPORION -c- E NOV 0 5 2012 November 2, 2012 f Ci.C� C CITY OF P.AttCFels CU7:A:.;:;.:3A Re: Support for Proposed Funeral Home on Etiwanda Avenue, Rancho Cucamonga Dear City Council Member, I am the owner of the land on Etiwanda Avenue in Rancho Cucamonga for which the proposed Funeral Home is requesting approval from the City Council. I purchased this land over a year ago on the understanding that this land is zoned for commercial use, that it had previously been approved for an office complex and then a restaurant and conference center, but neither were economically feasible. My decision to invest in this property was based on the Funeral Home being a great use for the property; that this use conformed to all the City requirements; and that the City of Rancho Cucamonga was pro-business. The Planning Department, who studied this use and all its related issues, recommended that the Planning Commission approve the Funeral Home use and issue a Conditional Use Permit. Unfortunately, the Planning Commissioners based their decisions on the emotions of a small group in a city of 170,000 residents. SCI has appealed to the City Council. The Planning Department must now find reasons to recommend denial of the Funeral Home use in order to support the ruling of the Planning Commission. As a business man, an investor in commercial real estate throughout southern California, and a property owner in Rancho Cucamonga, it is difficult to want to invest and conduct business in a City that bases its decision on subjective opinions instead of the facts. This type of action creates uncertainty; and this uncertainty is guaranteed to drive business away. I hope that the City Council makes the correct decision; a decision based on the facts, and approves the Funeral Home's conditional use permit. 5160 Birch Street, Suite 200, Newport Beach, CA 92660 949-851-8100 Fax 949-851-8188 www.mamey.net The facts are: • This will be a beautifully designed building on a well landscaped property. • The Funeral I-Iome will bring business to local industry as well as create numerous jobs. • A full-service Funeral Home within the city of Rancho Cucamonga will help to ease the hardship faced by residents who are dealing with the death of a loved one. • The Funeral Home will have no negative affect on property values (per Cushman & Wakefield study). • The Funeral Home will not create any traffic issues (per independent traffic study). I sincerely believe that a funeral home on Etiwanda Avenue would prove to be a great asset to the City and would only have a positive impact. I thank you for your consideration in this matter. Sincerely yo ; , 1,4 Nelson . amey MAMEY INVESTMENT CORPORATION 5160 Birch Street, Ste. 200 Newport Beach, CA 92660 949-851-8100 nelson @mamey.net Page 1 of 3 Victorino, Valerie From: Villenas, Fabian on behalf of City Council Sent: Thursday, November 01, 2012 4:32 PM To: Bloom, Jeff; Victorino, Valerie Subject: FW: Attn: William J Alexander: The Daily Bulletin endorses funeral home project FYI...we got this in Council email today and printed out and distributed in their mailbox.... Fabian A.Villenas Principal Management Analyst City Manager's Office City of Rancho Cucamonga (909)477-2700, extension 2006 fabian.villenas@cityofrc.us From: Sandy Ziegler [mailto:sandy @dandlpr.com] Sent: Thursday, November 01, 2012 12:56 PM To: City Council Subject: Attn: William J Alexander: The Daily Bulletin endorses funeral home project Thank you for your attention to the following article. http://www,dailybulletin.com/x_21898811/rancho-cucamonga_funeral home_deserv_es-appro_v_al? IADID=Search-www dailybulletin com-www.da lybulletin_com (O BOOKMARK .'S?,t,�...j, Print I:4 Email ® A MFont Resize Our view Rancho Cucamonga funeral home deserves approval Posted: 10/31/2012 04:12:10 PM PDT November 1, 2012 2:55 AM GMTUpdated: 10/31/2012 07:54:28 PM PDT We just don't see what's wrong with a funeral home. The Rancho Cucamonga City Council will consider next week an appeal of the Planning Commission's denial of a new funeral home proposed for a site on Etiwanda Avenue near the 15 Freeway. The council should reverse the commission's decision, in our view, and give Service Corporation International permission to proceed with its project, a 6,911-square-foot facility with reception space, a chapel and visitation rooms. The city's planning staff had recommended approval of a conditional use permit for the project. But a large number of residents of the area turned out to speak against the project when it was before the Planning Commission, citing concerns about increased traffic, psychological distress and reduced home 11/1/2012 Page2of3 values. We are not inclined toward the NIMBY (not in my backyard) attitude in general, and certainly not in this case. Some residents genuinely fear having a funeral home in their area, clearly, but we suspect their fears are overblown. The facility would host funerals and visitations, but would not have on-site embalming or a crematorium. Bodies would be prepared in SCI's facility in Riverside, not on this site. The proposed facility and its site fit within the city's zoning and General Plan. There's no good reason for the city to turn it down. It's across the street from Etiwanda Gardens, which hosts large events, including some funerals and wakes, without Advertisement causing traffic jams or other problems. SCI officials estimate there would be about 400 funerals per year at the facility, about 100 of which would involve a procession, and they say processions average 4 minutes in duration. The company commissioned a study by Cushman and Wakefield, which found no adverse impact on home values from funeral homes that have been built in single-family neighborhoods. Inland Valley residents already know firsthand that SCI, the company proposing the project, is a good neighbor. The company runs Stone Funeral Home in Upland and Draper Mortuary in Ontario, for example. We're aware of no evidence of traffic problems, psychological distress or reduced home values in the neighborhoods around those facilities. Rancho Cucamonga, a city of about 170,000 has no full-service funeral home. Funeral homes generally are immaculately maintained, and they're quiet. While many neighbors oppose the project, others support it, saying they'd rather see a funeral home built on the commercial property than, for example, a liquor store or drive-through restaurant. It's a $2.3 million project that would employ construction workers in the short term and boost business for local florists, restaurants and hotels. Our editorial board has spent weeks recently interviewing candidates for city councils - Rancho Cucamonga's and those of other Inland Valley cities. Almost to the man and woman, the candidates emphasized that their cities must be more business-friendly in order to build and maintain the local tax base and community services they would like to have. If Rancho Cucamonga is to walk that talk, the council will approve the funeral home project 11/1/2012 Page 3 of 3 Sandy Ziegler Account Coordinator Desmond & Louis (909) 680-4011 x4 (909) 533-2372 Fax sandy @dandlpr.com www.dandlpr.corn YOUR FULL SERVICE COMMUNICATIONS SOLUTION! Thank you for your referrals! 11/1/2012 • CRMLS Matrix 10/17/12 8:26 AM Land/Lot Agent Medium 12350 INDIAN WELLS, Rancho Cucamonga 91739 List Price:$593,100 --` •-i: -1I Status: Active '-`A ill ML#: 81204646 \` , sz r q - APN: 1087051220000 • i • Orig. List Price: $499,999 s <y, ,i Price Per Sqft: $1.03 x * *=. .. County: San Bernardino • ow ( Ac/LotSqft(Sit): Ppf a h;-s'.1 .i 13.180/574,121 ° Community:No M ",/ o I' Senior Communi ='Ul • - - - -_- --kl —• - -_ Beae_Valle> DOM: 36 _ _._--�,-,--_ Gross Equity: $ -i . ., LAB €::�;.nor;, Present Loans: $ Have: Area: 688-Rancho Cucamonga Map Book: 543F7 Cross Street: DAY CREEK AND INDIAN WELLS Sale Type: Standard Driving Directions: 210 EXIT DAY CREEK GO NORTH PAST THE GATE Description LOCATED ADJACENT TO THE RANCHO ETIWANDA ESTATES.SITUATED IN THE NORTH ETIWANDA PRESERVE.SURROUNDED BY NEW CONSTRUCTION AND WITHIN CLOSE PROXIMITY TO UTILITIES.CONVENIENT ACCESS TO 210 FWY FOR COMMUTERS. NO MELLO-ROOS.ENJOY MILLION DOLLAR VIEWS FROM EVERY VANTAGE POINT OF THIS 13.18 ACRE LOT,INCLUDING BREATHTAKING,UNOBSTRUCTED,PANORAMIC MAJESTIC MOUNTAIN AND CITY LIGHTS VIEWS.BUILDING PAD WILL ACCOMMODATE 20,2 and 3,STORY HOMEs OF 5000 SQ FT+W/POOL THIS LOT IS NESTLED HIGH IN THE FOOTHILLS OF ONE OF THE MOST EXCLUSIVE AREAS OF RANCHO CUCAMONGA ALL 13.18 ACRES ARE NOW FOR SALE.NO LONGER SELLING JUST HALF Features View: Utilities Electricity-Available,Natural Gas Community Features: , Lot Features: Disclosures: Fencing: • Sewer: Land Lot Number: 051 Zone: R Parcel Map Number: 0 Block Number: Builder's Tract: CUST Parcel Number: Tract Number: 1087 Community/Complex: Custom Possible New Zone: Lot Dimensions: Tract Map: Final Assessment: Buyer to Verify Special Assessments: Association Name 1: Association Phone 1: Association Dues 1: Association Name2: Association Phone 2: Association Dues 2: Distance To Present/Potential Use Additional Land Information Bus: Present Use: Cleared: Church: Potential Usage: Ingress/Egress: Electric: Infrastructure: Soil Type: Freeway: Improvements: Topgraphy: Gas: Water Well: No Water District Name: Phone Service: Well in Feet: Well Report: Schools: Water Table Depth in Feet: O Well Pump Motor Horsepower: 0.00 Sewer: Water Gallons of Water Per Minute: 0.00 Elevation: Stores: Well Hole/Casting Est. Size in Inches: 0 Current Geological Report: N Street Frontage: Survey: Buyer Pays Water: Analysis Tax Information Lease/Fees . Imp-mints Ttl$/%: $/0.00 Tax Rate: 0.00 Land Fee/Lease: Prsnl Prprty$/%: $/0.00 Tax Rate Total: $ Land Lease Amount: 0 Land Value$/%: $10.00 Tax Rate Year: O Land Lease Expires: Usble Lnd Prcntge: Tax Area: 70023 Lease Per: Terms Listing Terms: Cash To New Loan,Cash Agent Medium_Land/Lot ML*: 81204646 Printed By WENDY SANDOVAL ORE:01777390 On 10/17/2012 8:25:32 AM hnp://mrmismatrix.com/Matrix/Printing/PrintPreview.aspx7c=AAEAA...yDRBGDwAAAAExDOkGEAAAAAEaCw)AL=1SAsSelf=0&PJO=01010101210137901 Page 1 of 9 CRMLS Matrix 10/17/12 8:26 AM • 13718 Highland AV, Rancho Cucamonga 91737 List Price:$700,000 Status: Active „ *,y qft >+ . MLA: K1210478 9 y7 ,ts Etmanda cacao APN: 0226102030000 0000 ' Orig. List Price: $700,000 'y n ` y z o>o1a Banyan st__ .raanyans?' PM Price Per Sqft: $4.26 -- a. ,. • •+ ..a+ g�f� '42; ' ''' ='" ' + County: San Bernardino ETiwArroA Ac/LotSgft(Src): 3.770/164,221(A) Senior Community: DOM: 58 3. ', �� •■ Gross Equity: bi-g' ', join:NAvTr Present Loans: €_1 gaipf:CcYCpc.atiu Have: Area: 688-Rancho Cucamonga Map Book: Cross Street: Banyan and Raindrop St. Sale Type: Standard Driving Directions: From 210E FW, Exit Day Creek,Left on Day Creek,Right on Banyan,Right on Raindrop,property is on the left of Raindrop St. Description PRIME VACANT 3.77 ACRE LAND AT THE NORTH RANCHO CUCAMONGA(BANYAN&RAINDROP ST.) Breathtaking Panoramic Views of the City Lights on the South and Mountain Views on the North.Surrounded by NEW HOMES on the west and Custom Built Homes on the east side of the property.GREAT LOCATION!!!GREAT OPPORTUNITY!!! Features View: City Lights,Mountain,Neighborhood,Panoramic Utilities Community Features: Urban Lot Features: Disclosures: Fencing: Sewer: Land Lot Number: Zone: Res. Parcel Map Number: Block Number: Builder's Tract: Parcel Number: Tract Number: 20.10 Community/Complex: Possible New Zone: Lot Dimensions: Tract Map: Assessment: Special Assessments: Association Name 1: Association Phone 1: Association Dues 1: Association Name2: Association Phone 2: Association Dues 2: Distance To Present/Potential Use Additional Land Information Bus: Present Use: Cleared: Church: Potential Usage: Ingress/Egress: Electric: Infrastructure: Soil Type: Freeway: Improvements: Topgraphy: Gas: Water Well: Water District Name: Phone Service: Well in Feet: Well Report: Schools: Water Table Depth in Feet: Well Pump Motor Horsepower: Sewer: none Water Gallons of Water Per Minute: Elevation: Stores: Well Hole/Casting Est. Size in Inches: Current Geological Report: Street Frontage: Survey: Water: none Lease/Fees Analysis Tax Information Imprvmnts Ttl$/(Yo: Tax Rate: 1.05 Land Fee/Lease: Fee Prsnl Prprty$/%: Tax Rate Total: Land Lease Amount: Land Value$/%: Tax Rate Year: 2011 Land Lease Expires: Usble Lnd Prcntge: Tax Area: Lease Per: Terms Listing Terms: Cash To New Loan Agent Medium-Land/Lot ML#: K12104789 Printed By WENDY SANDOVAL DRE:01777390 On 10/17/2012 8:25:32 AM • http://mrmismatrix.com/Matrix/Printing/PrintPrevlew.aspx?c=AAEAA...yDRBGOwAAAAExDOkGEAAAAAExCw)M&L=1&ASSeif=O&P)0=01010101210137901 Page 2 of 9 • CRMLS Matrix 10/17/12 8:26 AM • • 100 Indian Wells Place, Rancho Cucamonga List Price: $750,000 Status: Active MLR: C11132610 :� -• APN: 1087051220000 ` Orig. List Price: $750,000 -1- _ . — Price Per Sqft: $1.31 n it a luau:n-,.: - `' * County: San Bernardino E+lal,_ Ac/LotSqft(Src): 13.180/574,121 (A) - Senior Community: . of DOM: 342 • _ 06n0 or Gross Equity: eomer+nvr--c- Present Loans: RZar bird. €Ka:M:a.a:,tammr. Have: Area: 688-Rancho Cucamonga Map Book: Cross Street: Day Creek Blvd Sale Type: Standard Description This wonderful property is located adjacent to the Rancho Etiwanda Estates,a gated residence which offers breathtaking panoramic views. This site could accommodate homes with million dollar unobstructed views.In addition,this parcel of land is within close proximity to all of the pertinent utilities and easy access to the 210, 15,and 10 freeways.Nestled and located In the serene foothills,this exdusive area is highly favorable due to the great schools,community amenities and great shopping which is In close proximity to Victoria Gardens.Upon viewing of these 13.18 acres you will quickly realize the development opportunity that awaits you. Features View: City Lights,Mountain,Panoramic,Valley Utilities Community Features: Lot Features: Gentle Slope,Up Slope from Street Disclosures: Fencing: Sewer: Land Lot Number: Zone: RES Parcel Map Number: Block Number: Builder's Tract: Parcel Number: Tract Number: Community/Complex: Possible New Zone: Lot Dimensions: Tract Map: Assessment: Special Assessments: 601920 Association Name 1: Association Phone 1: Association Dues 1: Association Name2: Association Phone 2: Association Dues 2: Distance To Present/Potential Use Additional Land Information Bus: Present Use: Cleared: Church: Potential Usage: Ingress/Egress: Electric: Infrastructure: Soli Type: Freeway: Improvements: Topgraphy: Gas: Water Well: Water District Name: Phone Service: Well in Feet: Well Report: Schools: Water Table Depth in Feet: Well Pump Motor Horsepower: Sewer: Water Gallons of Water Per Minute: Elevation: Stores: Well Hole/Casting Est. Size in Inches: Current Geological Report: Street Frontage: Survey: Water: 100 Analysis Tax Information Lease/Fees Imprvmnts Ttl$/%: Tax Rate: 0.00 Land Fee/Lease: Fee Prsnl Prprty$/%: Tax Rate Total: Land Lease Amount: Land Value$/%: Tax Rate Year: 2010 Land Lease Expires: Usble Lnd Prcntge: Tax Area: Lease Per: Terms Listing Terms: Submit,Cash,Cash To New Loan Agett MCNum-land/tot MLS: C11132610 Printed By WENDY SANDOVAL ORE:01777390 On 10/17/2012 8:25:32 AM http://mrmismatrix.com/MaMx/Printing/Print Preview.asext r-AAEAA...yDRBGDwAAAAExDfikGEAAAAAExCw h&L-l&ASSeIf=O&P)0=01010101210137901 Page 3 of 9 • CRMLS Matrix 10/17/12 8:26 AM • 5615 Sapphire ST, Rancho Cucamonga 91701 List Price:$800,000 Beira Vista u, Status: Active LI Neli/O/0/7L j/ ML#: *12120675 /aglak T. APN: 1061691040000 =o-7N�r�A/t, ,,.� e V Orig. List Price: $800,000 "x•••r k Price Per Sqft: $3.91 R -fi y. a*A LOMA County: San Bernardino (f �j Ac/LotSgft(Src): 4.700/204,732(A) '<+. x- , ': .! `. . a 1-:•, Senior Community: th r.,e-<. DOM: 23 cA. Gross Equity: Photos not supplied by listing broker at this time. an:u,,,a,y cor,armort Present Loans: e+'.r Banyan Si C`:4Naeu. Have: Area: 688-Rancho Cucamonga Map Book: 572E2 Cross Street: no.banyan/w of carnelian Sale Type: Standard Description Located in one of the best areas of Rancho Cucamonga around million dollar properties*Sold for land value only*Previously submitted to the City for subdivision for 8 lots*Seller will provide buyer with all documents and paperwork in their possession*Asldng price only includes 6 lots with seller retaining 2* Please call co listing agent for any questions* Drive by only*Do not disturb occupants!!! List Price Excludes: 2 lots where house sits on. Features View: Mountain Utilities Electricity-On Property Community Features: Lot Features: Corner Lot,Cul-De-Sac Disclosures: Fencing: Sewer: Land Lot Number: Zone: RI Parcel Map Number: Block Number: Builder's Tract: Parcel Number: Tract Number: Community/Complex: Possible New Zone: Lot Dimensions: Tract Map: Assessment: Special Assessments: Assodation Name 1: Association Phone 1: Association Dues 1: Association Name2: Association Phone 2: Accnriation Dues 2: Distance To Present/Potential Use Additional Land Information Bus: Present Use: Cleared: Church: Potential Usage: Ingress/Egress: Electric: Infrastructure: Soil Type: Freeway: Improvements: Topgraphy: Gas: Water Well: Water District Name: Phone Service: Well in Feet: Well Report: Schools: Water Table Depth in Feet: Well Pump Motor Horsepower: Sewer: Water Gallons of Water Per Minute: Elevation: Stores: Well Hole/Casting Est. Size in Inches: Current Geological Report: Street Frontage: Survey: Water: .1 Analysis Tax Information Lease/Fees Imprvmnts Ttl$/%: Tax Rate: 1.00 Land Fee/Lease: Fee Prsnl Prprty$/%: Tax Rate Total: Land Lease Amount: Land Value$/%: Tax Rate Year: 2011 Land Lease Expires: Usble Lnd Prcntge: Tax Area: Lease Per: Terms Listing Terms: Cash To New Loan Agent Medium-Land/Lot ML#: A12120675 Printed By WENDY SANDOVAL DRE:01777390 On 10/17/2012 8:25:32 AM http://mrmismatrix.com/Matrix/Printing/Pr intPreview.aspx?c=AAEAA...yDRBGDwAAAAExDOkGEAAAAAExCw)M&L=1&ASSeIf=0&%0=010101 01 2 1 013 7 9 01 Page 4 of 9 • CRMLS Matrix 10/17/12 8:26 AM 12350 INDIAN WELLS Pt, Rancho Cucamonga 91739 List Price: $875,000 • r. Status: Active ML#: .IV121 26389 VO?Iik/S ila /C .,.., APN: 1087051220000 1;:�1�. �.¢•c, Orig. List Price: $875,000 �..�w r,�A'.. ris.:.a r.�... Price Per Sqft: $1.52 D, Ur. I :.. • `'c County: San Bernardino .013 -"`,1 LL tl `— `.. Ac/LotSqft(Src): 13.180/574,121(A) .- r7.a Senior Community: H; 61 DOM: 2 0,0 Gross Equity: Photos not supplied by listing broker at this time. €s,-uz,,,c,corxn:n. Present Loans: u""J e vu V2kge • Have: Area: 688-Rancho Cucamonga Map Book: Cross Street: DAY CREEK BLVD. Sale Type: Standard Description BEAUTIFUL LAND LOCATED ADJACENT TO THE RANCHO ETIWANDA ESTATES.CONVENIENT ACCESS TO 210 FWY.NO MELLO-ROOS MILLION DOLLAR VIEWS FROM EVERY ANGLE. LOT IS 13.18 ACRES.SITUATED IN THE NORTH ETIWANDA PRESERVE.SURROUNDED BY NEW CONSTRUCTION AND WITHIN CLOSE PROXIMITY TO UTILITIES.BUILDING PAD WILL ACCOMMODATE 20,2 AND 3 STORY HOMES OF 5000 SQ FT+W/POOL.THIS LOT IS NESTLED HIGH IN THE FOOTHILLS OF ONE OF THE MOST EXCLUSIVE AREAS OF RANCHO CUCAMONGA ALL 13.18 ACRES ARE NOW FOR SALE.UNOBSTRUCTED PANORAMIC MOUNTAIN AND CITY LIGHT VIEWS. Features View: Canal,Canyon,City Lights,Mountain,Panoramic,Valley Utilities Community Features: Foothills Lot Features: Access Road Maintained Disclosures: Fencing: Sewer: Land Lot Number: 051 Zone: R Parcel Map Number: 0 Block Number: Builder's Tract: Parcel Number: Tract Number: 1087 Community/Complex: Possible New Zone: Lot Dimensions: Tract Map: Assessment: Buyer to Verify Special Assessments: Association Name 1: Association Phone 1: Association Dues 1: Association Name2: Association Phone 2: Association Dues 2: Distance To Present/Potential Use Additional Land Information Bus: Present Use: Cleared: Church: Potential Usage: Ingress/Egress: Electric: Infrastructure: Soil Type: Freeway: Improvements: Topgraphy: Gas: Water Well: Water District Name: Phone Service: Well in Feet: Well Report: Schools: Water Table Depth in Feet: Well Pump Motor Horsepower: Sewer: Water Gallons of Water Per Minute: Elevation: Stores: Well Hole/Casting Est. Size in Inches: Current Geological Report: Street Frontage: Survey: Water: .5 MILES Analysis Tax Information Lease/Fees Imprvmnts Ttl$/%: Tax Rate: 1.25 Land Fee/Lease: Fee Prsnl Prprty$/%: Tax Rate Total: Land Lease Amount: Land Value$/%: Tax Rate Year: 2011 Land Lease Expires: Usble Lnd Prcntge: Tax Area: Lease Per: Terms Listing Terms: Cash To Existing Loan Agent Medium-Land/lot MLS: P/12128389 Printed By WENDY SANDOVAL DRE:01777390 On 10/17/2012 8:25:32 AM • http://mrmismatrix.com/Matrix/Printing/PrintPreview.aspx?c=AAEAA...yDRBGDwAAAAExDOkGEAAAAAExCw))8L=18AS Self=08P)O=01010101210137901 Page 5 of 9 • CRMLS Matrix 10/17/12 8:26 AM • 14158 Summit AV, Rancho Cucamonga 91739 List Price:$1,100,000 Status: Active "y' . i • ML#: K12079078 E4'•.r ti% �. . . . "- : '_' "1 :*;'i ,` APN: 0226061200000 • ,` „Y . 4 . .a • JZFs Orig. List Price: $1,200,000 Price Per Sgft: $.74 • County: San Bernardino Ac/LotSgf(Src): 34.000/1,481,040(A) Senior Community: aeglvo, ha"' DOM: 145 Gross Equity: bind v m::is vcc Present Loans: e‘,3 is lAcroW:cmwn4e Have: Area: 688-Rancho Cucamonga Map Book: Cross Street: Wardman Bullock Sale Type: Standard Driving Directions: I-15 to Summit West on Beech;Right on Wardman Bullock; Right on Colonbero;down the dirt road to the right. Description This is a one of a kind opportunity!!The VALUE is in the LANDIII There are amazing views from every one of the over 34 acres+-.It is located in the foothills just above Rancho Cucamonga,making it private and secluded,yet still within minutes of freeways,shopping and schools.This is the highest property that you can build on OR would make a great farm or ranch.Several out buildings including a very large RV sized garage with workshop and car pit There is a working well on the property as well as a spring fed dstem.Two sources of FREE waterllll The property is flat considering Its location in the foothills;there are several great potential home sites.Currently there is no city water or power; it is believed to be very dose,after the new developments dose to the property.Tractor and other equipment for maintaining the property can be negotiated in the sale.If you ever wanted lots of land close to everything this Is your opportunity,do not miss itlll This property Includes an adjoining parcel to make the 34+-acres.There is an easment across the south side of the property,about 10 acres. Features View: Canyon,City Lights,Creek/Stream,Hills,Meadow,Mountain,Neighborhood,Panoramic,Trees/Woods,Valley Utilities Electridty-In Street,Propane Community Features: Lot Features: Secluded Disclosures: Fencing: Sewer: Septic Tank Land Lot Number: Zone: 1 Parcel Map Number: Block Number: Builder's Tract: Parcel Number: Tract Number: Community/Complex: Possible New Zone: Lot Dimensions: Tract Map: Assessment: Special Assessments Special Assessments: Association Name 1: Association Phone 1: Association Dues 1: Association Name2: Association Phone 2: Association Dues 2: Distance To Present/Potential Use Additional Land Information Bus: Present Use: Cleared: Church: Potential Usage: Ingress/Egress: Electric: Infrastructure: Soil Type: Freeway: Improvements: Topgraphy: Gas: Water Well: Water District Name: Phone Service: Well in Feet: Well Report: Schools: Water Table Depth in Feet: Well Pump Motor Horsepower: Sewer: Water Gallons of Water Per Minute: Elevation: Stores: Well Hole/Casting Est. Size in Inches: Current Geological Report: Street Frontage: Survey: Water: 0 Analysis Tax Information Lease/Fees Imprvmnts RI$/%: Tax Rate: 1.00 Land Fee/Lease: Fee Prsnl Prprty$/%: Tax Rate Total: Land Lease Amount: Land Value$/%: Tax Rate Year: 2011 Land Lease Expires: Usble Lnd Prcntge: Tax Area: Lease Per: Terms Listing Terms: Submit,Cash,Owner Will Carry Agent Medium-Land/Lot MLS: K12079078 Printed By WENDY SANDOVAL ORE:01777390 On 10/17/2012 8:25:32 AN http://mrmismatrix.com/Matrix/Printing/PrintPreview.aspx7c=AAFAA...yDRBGDwAAAAEaDQkGEAAAAAEaCw)MIL=1&AsSelf-O&P)O=0101010 1 2 101 3 7 90 1 Page 6 of 9 • CRMLS Matrix 10/17/12 8:26 AM • 0 Naples Way, Rancho Cucamonga 91739 List Price:$1,188,000 Status: Active MIS: A12115588 APN: 1087051230000 Orig. List Price: $1,188,000 Price Per Sqft: $2.07 • County: San Bernardino Ac/Lotsgft(Sit): 13.180/574,120(A) . Senior Community: .¢ono DOM: 32 • Gross Equity: "- a am:❑ous Present Loans: -cgell - I',l:6115 C 2,24 Mcrsort Corpxstw. Have: Click Here for Supplements Area: 688-Rancho Cucamonga Map Book: Cross Street: Indian Wells PI. Sale Type: Standard Driving Directions: Exit Fwy 210 at Day Creek Blvd,go north,turn north at Indian Wells Pl.to the end with a gate,over the gate to the east. Description This is a fantasic piece of residential property,ready to be developed,surrounded by the forever preserved North Etiwanda Preserve area,a 13.18 acres parcel,with fantastic city view,county hiking trails nearby and easy access from Freeway 210,south of this parcel has been developed into one of the best community,Rancho Etiwanda Estates,don't miss this outstanding development opportunity. Features View: City Lights Utilities Community Features: Lot Features: Lot Shape-Rectangular Disclosures: Fencing: Sewer: Land Lot Number: Zone: sd-res Parcel Map Number: Block Number: Builder's Tract: Parcel Number: Tract Number: Community/Complex: Possible New Zone: Lot Dimensions: Tract Map: Assessment: Special Assessments: Assodation Name 1: Association Phone 1: Accnrlation Dues 1: Assodation Name2: Association Phone 2: Association Dues 2: Distance To Present/Potential Use Additional Land Information Bus: Present Use: Cleared: Church: Potential Usage: Ingress/Egress: Electric: Infrastructure: Soil Type: Freeway: Improvements: Topgraphy: Gas: Water Well: Water District Name: • Phone Service: Well in Feet: Well Report: Schools: Water Table Depth In Feet: Well Pump Motor Horsepower: Sewer: Water Gallons of Water Per Minute: Elevation: Stores: Well Hole/Casting Est. Size in Inches: Current Geological Report: Street Frontage: Survey: Water: 100 Analysis Tax Information Lease/Fees Imprvmnts Ttl$/%: Tax Rate: Land Fee/Lease: Fee Prsnl Prprty$/%: Tax Rate Total: Land Lease Amount: Land Value$/%: Tax Rate Year: 2011 Land Lease Expires: Usble Lnd Prcntge: Tax Area: Lease Per: Terms Listing Terms: Submit,Cash Agent Medium-Land/Lot MLa: A12115588 Printed By WENDY SANDOVAL DRE:01777390 On 10/17/20128:25:32 AM http://mrmis matrix.corn/Matrix/Printing/PrintPreview.asprO c=AAEAA...yDRBGDwAAAAExDOkGEAAAAAExCw)MIL=16AsSelf=06P.10=01010101210137901 Page 7 of 9 • CRMLS Matrix 10/17/12 8:26 AM 13148 E 23rd ST, Rancho Cucamonga 91739 List Price: $1,800,000 Status: Active roe ML#: H12025757 `"-..� . ��yv APN: 0225122670000 • Orig. List Price: $1,800,000 / 'i "4 . ? ,%.. ,s- Price Per Sqft: $5.71 A' . .. ■ s: � ;^",`fi Ie' i ,f • County: San Bernardino t:4, ,') ,- - _ Ac/LotSqft(Src): 7.240/315,374(A) .—_---1.:_7—:-.---7—, . — t Senior Community: t, T s 'S". - �+'.i }?.') DOM: 234 ;2-1.",',7 .jlw 1 ,y 4rrt Q. . 1' Gross Equity: S ° :' r It �..,�.}Y � Y1'Y ,'�{ �, c:>i:nsNIE_ Present Loans: •�t.� ',Zre}','�tYq.iat,3'+Ry"Ij llii "J a N:2:nsra al:0Of:.vv1an Have: Area: 688-Rancho Cucamonga Map Book: Cross Street: Etiwanda Sale Type: Standard Description Approximately 7.24 acres all Rat vacant lot suitable for future development.Excellent frontage on 23rd Street.Check with City for zoning and all possible uses.Surrounded by many newer residential communities. Easy access to 210 freeway and close to school,park,and other area amenities.Buyer must verify all details to satisfy self with intended use. Features View: None Utilities Community Features: Suburban Lot Features: Disclosures: Fencing: Sewer: Land Lot Number: Zone: verify Parcel Map Number: Block Number: Builder's Tract: Parcel Number: Tract Number: Community/Complex: Possible New Zone: Lot Dimensions: Tract Map: Assessment: Special Assessments: 1000678 Association Name 1: Association Phone 1: Association Dues 1: Association Name2: Association Phone 2: Association Dues 2: Distance To Present/Potential Use Additional Land Information Bus: Present Use: Cleared: Church: Potential Usage: Ingress/Egress: Electric: Infrastructure: Soil Type: Freeway: Improvements: Topgraphy: Gas: Water Well: Water District Name: Phone Service: Well in Feet: Well Report: Schools: Water Table Depth in Feet: Well Pump Motor Horsepower: Sewer: Water Gallons of Water Per Minute: Elevation: Stores: Well Hole/Casting Est. Size in Inches: Current Geological Report: Street Frontage: Survey: Water: verify Analysis Tax Information Lease/Fees Imprvmnts Ttl$/°/a: Tax Rate: 0.00 Land Fee/Lease: Fee Prsnl Prprty$/%: Tax Rate Total: Land Lease Amount: Land Value$/%: Tax Rate Year: 2010 Land Lease Expires: •Usble Lnd Prcntge: Tax Area: Lease Per: Terms Listing Terms: Cash Agent Medium-land/Lot Milt: H12025757 Printed By WENDY SANDOVAL.DRE:01777390 On 10/17/2012 8:25:32 AM http://mrmismatrlx.com/Matrix/Printing/Print Pr eview.aspx?c=AAEAA...yDRBGIhrAAAAExDQkGEAAAAAExCw))AL=16As Self=06P10=010 101012 101 3 7 9 01 Page 8 of 9 • CRMLS Matrix 10/17/12 8:26 AM 0 Decliff DR, Rancho Cucamonga 91739 List Price:$1,850,000 Status: Active r° :vt Si. 4 41, n ° -._' ML#: I12026470 ;' A $ . APN: 0226061680000 wr't Orig. List Price: $2,500,000 Price Per Sqft: $1.06 +- ''- '-"'^'"'"'�'�3M County: San Bernardino Ac/LotSgft(Src): 40.000/1,742,400(S) 19`- - !I eev°+a. Senior Community: DOM: 232 _sins z� 1i,fh4.S1 Gross Equity: C. bing e 2y. <u•_e Present Loans: -:±i:ucvwii ant Have: Area: 688-Rancho Cucamonga Map Book: Cross Street: Wardman bullock and Decliff Sale Type: Standard Description Selling 2 20 acre parcels.Both APN's are 026-061-68-0000 and 0226-061-69-0000.Great views of the surrounding city area and mountains, 180 degree view of the city.One of the highest areas to constructed a home in the entire city.Off to the east of the property is the Ling Yen Mountain Buddhist Temple.Great serenity surrounds this property. New construction near parcels,home being built no smaller then 3000 sq ft,homes to be priced around$600,000.Sellers have done a good amount of due diligence for these parcels. Features View: City Lights,Mountain Utilities Community Features: Rural Lot Features: Disclosures: Fencing: Sewer: Land Lot Number: Zone: RR Parcel Map Number: Block Number: Builder's Tract: Parcel Number: Tract Number: Community/Complex: Possible New Zone: Lot Dimensions: _ Tract Map: Assessment: Special Assessments: Association Name 1: Association Phone 1: Association Dues 1: Association Name2: Association Phone 2: Association Dues 2: Distance To Present/Potential Use Additional Land Information Bus: Present Use: Cleared: Church: Potential Usage: Ingress/Egress: Electric: Infrastructure: Soil Type: Freeway: 210 Improvements: Topgraphy: Gas: Water Well: Water District Name: Phone Service: Well in Feet: Well Report: Schools: Ediwanda Water Table Depth in Feet: Well Pump Motor Horsepower: Sewer: Water Gallons of Water Per Minute: Elevation: Stores: Well Hole/Casting Est. Size in Inches: Current Geological Report: Street Frontage: Survey: Water: at development Analysis Tax Information Lease/Fees Imprvmnts Ttl $/%: Tax Rate: 1.02 Land Fee/Lease: Fee Prsnl Prprty$/96: $ Tax Rate Total: Land Lease Amount: Land Value$/%: Tax Rate Year: 2010 Land Lease Expires: Usble Lnd Prcntge: Tax Area: Lease Per: Terms Listing Terms: Submit Agent Medium-Land/tat MLS: 112026470 Printed By WENDY SANDOVAL DBE:01777390 On 10/17/20128:25:32 AM http://mrmismatrlx.com/Matrix/Printing/Print Preview.aspx?c=AAEAA...yDRBCDwAAAAExOQkCFAA4AAExCw))&L=1&ASSeIf=0&PJ0=01010101210137901 Page 9 of 9 Neighborhood against SCI Funeral Home 11/7/12 8:26 AM verizgn Verizon Message Center Wednesday. .1u1.25 at.3:44 PNb • Fro Ta:council@cityofrc.us Cc:dennis.michael @cityofrc.us, sam.spagnoio @cityofrc.us. william.aiexander @cityofrc.us, chuck.buquet @cityofrc.us, diane.williams@cityofrc.us Subject:Neighborhood against SCI Funeral Home Dear Mayor and City Council members, My family and I currently reside n our wonderful city of Rancho Cucamonga. I am writing this e-mail to voice my family's concerns on the proposed project to build a funeral home in the parcel located in the south east corner of Etiwanda Ave. and Candlewood St. Over the last few months our community has come together to oppose this project. During the first initial meeting with the builder(S.C.I.). My community loudly voiced their disapproval of this project. Decreased property values,traffic congestion, and just the idea of dealing with the visual idea of death everyday were the general conversations shared amongst all who participated in this meeting. • I fully understand that a funeral home is a necessity needed for those who find themselves dealing with the passing of a loved one. I also understand that this city has done an excellent job finding revenue in business to ensure the financial stability of our city. I would like to thank you very much for all your hard work in ensuring that my family lives in a safe and thriving city. I am currently...jar one of our city's surroundings agencies. I take pride in my job and one of our agencies goals is to ensure the quality of life of every citizen that lives in our city. I would like to honestly let you know that my family's quality of life will be effected if this funeral home is built. Traffic is an obvious issue when it comes to a viewing. Although the representatives from S.C.I.will have us believe that only a limited amount of vehicles and people are allowed at the location due to parking and fire codes. This forces any other participants in the viewing to find parking in different areas of our community. My job as allowed me to observe the operations of a funeral home as we haveiFuneral home in my are My biggest area of concem is due to my career choice, my wife and children have learned to live with the fact that I might not come home one day1.truly feel that they do not need a constant reminder of death right across the street. When my sort:found out that a funeral home was going to be buil flacross the street from our home he said, "Dad if that funeral home is built can we move"!This is not just a building being built on an empty lot. this is a daily reminder of death and sorrow. I urge you to please listen to the voices of the citizens of which you serve. WE DO NOT WANT THIS FUNERAL HOME IS OUR COMMUNITY! Respectfully, falanglilinat Smith, Michael From: drmasson [office @drmasson.net] Sent: Wednesday, November 07, 2012 4:19 PM To: Smith, Michael Subject: FW: proposed full service funeral home Dr. Masson PhD, FICPPM From: drmasson • Sent: Wednesday, November 07, 2012 3 :50 PM To: rc.us Subject: proposed full service funeral home Dear Mr. Smith: Please allow this e-mail to serve as my concern to build the above funeral home. My husband Ron and myself are home owners and residents of Rancho Cucamonga. We live by Etiwanda and Saddleridge; on a few streets away from the proposed site of the funeral home. Having a Funeral Home built on Etiwanda would pose traffic problems for an already busy street. Additionally, from a psychological stand point having a funeral home so close to my home is not something we want. My concern for properly values declining is a serious concern as well. Thank you for taking note of our concern. Dr. Martha Masson PhD, FICPPM Ronald Masson, RN 1 Page 1 of 1 Smith, Michael From: Annabelle Tome [annabelletome @hotmail.com] Sent: Wednesday, November 07, 2012 4:24 PM To: Smith, Michael Subject: RE: Proposed funeral home on Candelwood and Etiwanda Dear Mr. Michael Smith, I am writing, on behalf of my significant other and 9-year old daughter and myself, in regards to the proposed funeral home that is planned to be built on the corner of Candelwood street and Etiwanda avenue. I am in opposition of this project. Growing up, I have lived in a high-rise apartment on Maunakea street in Honolulu that had a great view. Unfortunately, the apartment unit we lived in also had an unobstructed view of Borthwick Mortuary. I could look out my window and see the mourners, the caskets, and the hearses. I think I saw more hearses in Hawaii than rainbows. As I child I had become eerily fascinated, questioned life and death regularly, and had become intimidated because of the building. At a young age I had attended funerals regularly. Looking back, I realize that all these events and the mortuary had a negative effect on my childhood. I do apologize that I cannot provide any statistics, but I do agree that our aging population is such an insignificant number that it is unnecessary to build another funeral home. They say traffic will not be an issue, but isn't there a saying: "If you build it, they will come'? If they agree to not have cremation or embalming services, then what is the sense of it being built? It's like opening up a restaurant with no kitchen. The majority of homeowners in Rancho Cucamonga are young families. They purchase a home to make memories, to raise their children in an ideal environment. We are one family of that majority. Before moving to Rancho Cucamonga I have lived in downtown Los Angeles. I felt that the city was not going to be an ideal place to have my daughter grow up. A friend lived in Rancho Cucamonga and we fell in love with the city and how mellow the neighborhood is compared to L.A. I have lived in Rancho Cucamonga for 4 years now and not once have I encountered a hearse on the roads. I frequently travel on Etiwanda Avenue, Baseline Road, and Foothill Boulevard and I am assuming that if this project is built, it will be more common to see a hearse and funeral procession. I do not want this happening in my neighborhood. I love the location of our home and will voice my opinion over something I feel may threaten the well being of the community. Sincerely, Annabelle Tome 11/7/2012 Page 1 of 1 McNay, Debra From: John Flynn[FLYNNJ1 @MSN.COM] Sent: Wednesday, November 07, 2012 4:56 PM To: McNay, Debra Subject: Fw: Funeral Home —Original Message— From: Karen Flynn To: FLYNNJ1 @msn.com Cc: FLYNNJ1@msn.com Sent: Wednesday, November 07, 2012 4:42 PM Subject: Funeral Home Dear Ms. McNay: Thank you for accepting my call. As I mentioned I will not be able to attend the meeting tonight. As a resident of the Shelby condominiums in Rancho I strongly oppose the building of a funeral home. I feel that building a funeral home amongst family homes is unacceptable. I thank you in advance for allowing me to express my thoughts through this e-mail. Sincerely, Karen Flynn 7331 Shelby Place, Unit#29 Rancho Cucamonga,CA 91739 ell 11/7/2012 David Carlson •FAMILY OWNED AND OPERATED (A-INS 0D18270•EMB 7970 Ord able FDR588•(RM327 •STAFF AVAILABLE 24 HOURS Ki-c,1"]']ar]on S 13558 Nomwaket Rd.,Ste.A •MULTIPLE LOCATIONS IN SURROUNDING AREAS r•rl;• Honoring the Lives of Those We Love Apple Valley,CA 92307 F •FREE PRE-ARRANGEMENT SERVICES !i•[� Office:760.961.0013 --♦„F�o Fax:760.961.2085 •FULL SERVICE OFFERING OUALITY FUNERAL ❑� • ' &CREMATION SERVICES AT A LOW COST Email:AffordableCremationsHD(wgmail.com CR301•FD2032 Website:HighDesert(remations.com FAMILY OWNERSHIP AND SERVICE SINCE 1952 in9L14/OO 1 MORTUARY 1206 CENTINELA AVENUE INGLEWOOD, CALIFORNIA 90302 LIC. # FD905 DAVE CARLSON • CA-INS 0018270 (310) 677.81 37 EMB 7970 (323) 678-3381 FDR 588 FAX: (310) 673-0011 CRM 327 SO. 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