HomeMy WebLinkAbout2021-034 - Resolution RESOLUTION NO. 2021-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE YELLOWWOOD PLACE
CONNECTION TO FOOTHILL MARKETPLACE PROJECT (PERMANENT AND
TEMPORARY CONSTRUCTION EASEMENTS OVER PORTIONS OF APN 229-
031-41)
WHEREAS, the City of Rancho Cucamonga ("City") is a municipal corporation in the
County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Yellowwood Place Connection to Foothill
Marketplace Project ("Project") to create more streets in the southeast portion of the City. The
Project, as planned and designed, involves the construction of a driveway extending from the
northerly terminus of Yellowwood Place into the southerly portion of the Foothill Marketplace
shopping center. The proposed driveway will provide an additional access point to the shopping
center from the southern portion of the City. All work is consistent with the City's General Plan
of Circulation. The proposed Project will reduce the traffic congestion and improve ingress and
egress for adjoining properties and side streets. The Street Improvement Plans for the Project
are on file with the Engineering Services Department and are incorporated herein by this
reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant to the
California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq.,
and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. ("CEQA Guidelines").
Pursuant to Section 15061 of Article 19 of the State CEQA Guidelines, City Staff determined that
the Project was categorically exempt. The City Council adopted a determination of categorical
exemption on March 3, 2021 and directed City Staff to file the Notice of Exemption with the State
of California Clearing House in accordance with CEQA. Said Notice of Exemption was filed with
the County of San Bernardino on or about March 17, 2021 in accordance with CEQA; and
WHEREAS, in connection with the proposed Resolution of Necessity, on May 5, 2021, City Staff
reviewed the environmental documentation prepared in connection with the Project. Pursuant to
the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources
Code, City Staff concluded that no substantial changes have occurred in the Project, no
substantial changes have occurred in the circumstances under which the Project is undertaken,
and that the City has obtained no new information of substantial importance that would require
further environmental analysis. These environmental findings are the appropriate findings with
respect to the proposed acquisition of the Subject Property Interests.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga as follows:
SECTION 1. The Rancho Cucamonga City Council adopts this resolution, a resolution
of the City Council of the City of Rancho Cucamonga, California, declaring certain real property
interests necessary for public purposes and authorizing the acquisition thereof in connection with
the Yellowwood Place Connection to Foothill Marketplace Project (permanent and temporary
construction easements and impacted site improvements over portions of APN 229-031-41).
Resolution No. 2021-034 - Page 1 of 5
SECTION 2. The City seeks to acquire by eminent domain the real property interests
described below in Section 3 of this Resolution for public use, namely public roads, highways and
related purposes, and all uses necessary or convenient thereto in connection with the Yellowwood
Place Connection to Foothill Marketplace Project pursuant to the authority conferred on the City
of Rancho Cucamonga to acquire real property by eminent domain by Section 19 of Article 1 of
the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and
40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law),
including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510,
1240.610, 1240.650, and by other provisions of law.
SECTION 3. The City seeks to acquire an approximate 465.28 square foot permanent
easement, a 329.80 square foot temporary construction easement with a term of twelve months,
and impacted site improvements, over portions ("Subject Property Interests") of the real property
located at 12449 Foothill Boulevard, Rancho Cucamonga, California, and identified as San
Bernardino County Tax Assessor's Parcel Number 229-031-41 ("THM Enterprises Parcel") in
connection with the Project. The Subject Property Interests are described more particularly in
Exhibits "A-1" and "A-2" and depicted on Exhibits "B-1" and "B-2", which are attached hereto and
incorporated herein by this reference.
SECTION 4. The environmental effects of the acquisition of the Subject Property
Interests were studied as an integral part of the environmental review for the Project. In
connection with the proposed Resolution of Necessity, on May 5, 2021, City staff reviewed the
environmental documentation prepared in connection with the Project. Pursuant to the criteria of
Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City
staff concluded that no substantial changes have occurred in the Project, no substantial changes
have occurred in the circumstances under which the Project is undertaken, and that the City has
obtained no new information of substantial importance that would require further environmental
analysis. These environmental findings are the appropriate findings with respect to the proposed
acquisition of the Subject Property Interests.
SECTION 5. The Project, as planned and designed, is in the public interest and necessity
and is needed to improve traffic circulation and efficiency, and will create more streets in the
southeast portion of the City as more fully explained below:
A. The proposed Project requires the acquisition of additional right of way for
the proposed street improvements, The Project involves the construction of a driveway extending
from the northerly terminus of Yellowwood Place into the southerly portion of the Foothill
Marketplace shopping center, The proposed driveway will provide an additional access point to
the shopping center from the southern portion of the City. The Project is a part of the City's plan
to create more streets in the southeast portion of the City. All work is consistent with the City's
General Plan of Circulation.
B. The proposed Project will reduce traffic congestion and improve ingress
and egress for adjoining properties and side streets. Accordingly, the Project will benefit the
residents and businesses of the City and the community as a whole.
C. The Project, as planned and designed, is consistent with the Circulation
Element of the General Plan. The City seeks to acquire the Subject Property Interests for public
use, namely public roads, highways and related purposes, and all uses necessary or convenient
thereto in connection with the Project. The City seeks to construct the Project to improve access
and streets in this section of the City.
Resolution No. 2021-034 - Page 2 of 5
D. The Project was planned and located to minimize the impact on the
adjacent properties. The Project requires the acquisition of a permanent and temporary
construction easement over portions of two larger parcels owned by private property owners. The
construction of the Project will not result in the displacement of any person from their residence
or business. The City will coordinate the construction with the owners of the Subject Property
Interests to minimize the impact of construction on the parcels. Based on the timing of the
Project, it is necessary that the City consider the acquisition by eminent domain of the Subject
Property Interests needed from the remaining two larger parcels.
SECTION 6.
A. Pursuant to Government Code Section 7260 et seq., the City of Rancho
Cucamonga obtained an updated fair market value appraisal of the THM Enterprises Parcel, the
approximate 465.28 square foot permanent easement, a 329.80 square foot temporary
construction easement with a term of twelve months, and impacted site improvements, the City
seeks to acquire for public use, namely public roads, highways and related purposes, and all uses
necessary or convenient thereto.
B. The City set just compensation in accordance with the appraised fair
market value, and extended a written offer on March 18, 2021 to THM Enterprises, LLC, the owner
of record. The fair market value appraisal used a date of value of February 26, 2021.
C. The City's written offer included an informational pamphlet describing the
eminent domain process and the record owner's rights under the Eminent Domain Law. In
accordance with Government Code Section 7267.2, the City's written offer contained a written
statement of, and summary of the basis for, the amount it established as just compensation. The
offer set forth the date of value utilized by the appraiser and explained the appraiser's opinion of
the highest and best use of the larger parcel. It explained the applicable zoning and General Plan
designation of the larger parcel. The City's offer also summarized the principal transactions relied
on by the appraiser to arrive at the appraiser's opinion of value. In addition, the written offer
explained the appraiser's valuation analysis, including severance damages. It included the City's
comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code
of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000,
for an independent appraisal of the approximate 465.28 square foot permanent easement, a
329.80 square foot temporary construction easement with a term of twelve months, and impacted
site improvements.
SECTION 7. The City provided written notice to the owner of record, pursuant to Code
of Civil Procedure section 1245.235 of the City Council's intent to consider the adoption of a
Resolution of Necessity for the acquisition of the Subject Property Interests by eminent domain.
SECTION 8. The public use for which the City seeks to acquire the Subject Property
Interests, namely public roads, highways and related purposes, and all uses necessary or
convenient thereto, will not unreasonably interfere with or impair the continuance of the public use
to which any easement holders may have appropriated the area (Code of Civil Procedure Section
1240.510). Further, the Project may require the relocation of several utilities to the proposed new
right-of-way area. The public use for which the City seeks to acquire the Subject Property
Interests, namely public roads, highways and related purposes, and all uses necessary or
convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure
Section 1240.650 than the uses to which public utility easement holders have appropriated any
utility easements located in the area of the Subject Property Interests that are affected by the
Resolution No. 2021-034 - Page 3 of 5
Project. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to
Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.
SECTION 9. Based on the evidence presented at the hearing regarding the Project,
including the Agenda Report and documents referenced therein and any oral and written
testimony at the hearing, the City Council hereby finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The Subject Property Interests described more particularly in Exhibits "A-
1" and "A-2" and depicted on Exhibits "B-1" and "B-2" hereto, are necessary for the Project; and
D. The City has made the offer required by Government Code Section 7267.2
to the record owner of the Subject Property Interests the City seeks to acquire.
SECTION 10. The findings and declarations contained in this Resolution are based upon
the record before the City Council, including the Agenda Report and all documents referenced
therein, all of which are incorporated herein by this reference, and any testimony and/or
comments submitted to the City by the record owner and or the owner's representative(s). These
documents include but are not limited to the City of Rancho Cucamonga's General Plan, the offer
letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record
owner pursuant to Code of Civil Procedure Section 1245.235 of the City's intent to consider the
adoption of the Resolution of Necessity, Street Improvement Plans for the Project, and the Notice
of Exemption for the Project.
SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and
directs the City Attorney's Office to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire an approximate 465.28 square foot
permanent easement, a 329.80 square foot temporary construction easement with a term of
twelve months, and impacted site improvements for the Project. The Subject Property Interests
are described more particularly on Exhibits"A-1"and "A-2"and depicted on Exhibits "B-1"and "B-
2" hereto.
SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the
City Manager to execute all necessary documents in connection with the eminent domain
proceeding.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
Resolution No. 2021-034 - Page 4 of 5
PASSED, APPROVED, and ADOPTED this 51h day of May 2021.
ne B. Kennedy, Mayor P m
ATTEST:
J ice C. Reynolds, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify
that the foregoing Resolution was duly passed, approved, and adopted by the City Council of
the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 5th day of
May 2021.
AYES: Hutchison, Kennedy, Scott, Spagnolo
NOES: None
ABSENT: Michael
ABSTAINED: None
Executed this 6th day of May, 2021, at Rancho Cucamonga, California.
-o-
J 4Qice C. Reynolds, City CI rk
Resolution No. 2021-034 - Page 5 of 5
Exhibit A-1
Permanent Easement
A strip of land, 8.00 feet wide, in that certain land in the City of Rancho Cucamonga, County of San
Bernardino, State of California over Parcel 15, as shown on Parcel Map 13724, recorded in Book 164,
Pages 100 through 107 in the office of the County Recorder of said County, lying north of the following
described line:
Commencing at a point on the south line of said Parcel 12, said point being S. 89°21' 40" E., a distance of
7.84 feet along said south line from the Southwest Corner of said Parcel 12, said point also being the
Southwest Corner of the North half of the Northeast quarter, Section 8,T. 1 S., R. 6 W., S.B.M.
Thence N. 89°21' 40" W. along said south line, 7.84 feet to the southwest corner of said Parcel 12, said
point also being the southeast corner of said Parcel 15, and the True Point of Beginning.
Thence continuing N. 89°21' 40"W. along said south line of Parcel 15, a distance of 58.16 feet, to the
westerly terminus of that course described as S. 89' 36' 48" E, 66.00' as shown on Document No. 2017-
0527045 recorded December 13, 2017, records of said County.
Containing an area of 465.28 square feet, more or less.
Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of
record.
All as shown on Exhibit B, attached hereto and by reference made a part hereof.
/-7 Prepare uncle e supervis:iW of W. atthew Addington, L.S. 7649.
License expires December 31, 2022 `
Exhibit A-2
Temporary Construction Easement
A strip of land, 13.00 feet wide, in that certain land in the City of Rancho Cucamonga, County of San
Bernardino, State of California over Parcel 15, as shown on Parcel Map 13724, recorded in Book 164,
Pages 100 through 107 in the office of the County Recorder of said County, lying north of the following
described line:
Commencing at a point on the south line of said Parcel 12, said point being S. 89°21' 40" E., a distance of
7.84 feet along said south line from the Southwest Corner of said Parcel 12, said point also being the
Southwest Corner of the North half of the Northeast quarter, Section 8, T. 1 S., R. 6 W., S.B.M.
Thence N. 89'21'40" W. along said south line, 7.84 feet to the southwest corner of said Parcel 12, said
point also being the southeast corner of said Parcel 15, and the True Point of Beginning.
Thence continuing N. 89*21' 40"W. along said south line of Parcel 15, a distance of 61.16 feet, to the
westerly terminus.
Excepting therefrom, a strip of land 8.00 feet wide lying north of the following described line;
Commencing at the southeast corner of said Parcel 15, thence N. 89*21' 40" W. along said south line of
Parcel 15, a distance of 58.16 feet.
Containing an area of 329.80 square feet, more or less.
Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of
record.
All as shown on Exhibit B, attached hereto and by reference made a part hereof.
Prepar un the supervis n of . Matthew Addington, L.S. 764,9.
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License expires December 31, 2022
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