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HomeMy WebLinkAbout1993/07/14 - Agenda Packet CITY OF RANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION AGENDA WEDNESDAY JULY 14 , 1993 7 : 00 P.M. RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA I. Pledge of Allegiance II. Roll Call Commissioner Chitiea Commissioner Tolstoy Commissioner McNiel Commissioner Vallette Commissioner Melcher III. Announcements IV. Public Hearings The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. HISTORIC POINT OF INTEREST DESIGNATION 93-02 - CITY OF RANCHO CUCAMONGA - A proposal to designate the site of the C. N. Ross House, a recently demolished potential local landmark house which was located at the southeast corner of Etiwanda and Highland Avenues, a Point of Historic Interest and establish potential future environmental mitigation measures - APN: 227-051-03 . V. Public Comments This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. VI. Commission Business VII. Adjournment CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 14, 1993 r< TO: Chairman and Members of the Historic Preservation Commission FROM: Brad Buller, City Planner BY: Anthea M. Hartig, Associate Planner SUBJECT: POINT OF INTEREST DESIGNATION 93-02 - CITY OF RANCHO CUCAMONGA - A proposal to designate the site of the C.N. Ross House, a recently demolished potential local landmark house which was located at the southeast corner of Etiwanda and Highland Avenues, Rancho Cucamonga, as a Point of Historic Interest - APN: 227-051-03. BACW.ROUND: At the last meeting of the former Historic Preservation Commission, this application was initiated by the Commission. The subject site was previously reviewed by Caltrans historians during their Historic Resources Survey for the Route 30 Corridor. This previous study identified the Ross family's home as an important element in the historic core of the Etiwanda Community (please see Exhibit "HPC-1," Historic Resources Survey Form). Although deemed ineligible for the National Register of Historic Places by the State historians, the previous Commission and staff found ample evidence to identify the building as a Potential Local Landmark, as will be discussed below. The demolition of the C.N. Ross House occurred in June of this year. The Building Official, using powers defined in the Uniform Code for the Abatement of Dangerous Buildings, declared in April of this year that the abandoned house on the southeast corner of Etiwanda and Highland Avenues had deteriorated to an extent that classified it as dangerous. The C.N. Ross House is listed as a Potential Local Landmark on the City's Historic Resources Survey and therefore the Commission determined that though the house has been demolished, it was still appropriate to consider an Historic Point of Interest Designation. SITE LOCATION AND DESCRIPTION: A. Location and Description: The 10-acre site is located on the southeast corner of Etiwanda and Highland Avenues. Square-shaped, the site lacks its original context, a citrus grove, but still retains most of the Eucalyptus windrows that historically defined the site. B. Site Land Use, Zoning, Etiwanda Specific Plan Designations: Per the Etiwanda Specific Plan, the site's land use is designated Very Low Residential (0-2 dwelling units per acre) . J ITEM A HPC STAFF REPORT POI 93-02 - CITY OF R. C. July 14, 1993 Page 2 C. Surrounding Land Use, Zoning, Etiwanda Specific Plan Designations: Directly to the north of the site lies the Route 30 corridor right- of-way, while land to the south and east are also designated Very Low Residential. To the west lies an existing residential tract with an underlying land use designation of Low Residential (2-4 dwelling units per acre). D. Physical Description: The house was a large, two-story building with a medium hip roof; very similar in design, scale, and age with its neighbor to the east, the Kemp House (Map Reference No. 41) . Although no date of construction could be obtained, the house appeared to have been built just after the turn of the century. The roof had triangular attic vents on the east and west slopes, and two "cast stone" concrete block chimneys were placed near the crest; a third chimney of similar material was on the rear slope of the roof. The eaves were open, with projecting rafter ends. The house was sheathed in 2-lap drop siding, and had a slated bay with three windows on the ground floor of the south elevation. The house had a symmetrical facade, with the second story consisting of a central pair of double hung windows, which appear to have provided access to the upper level porch, flanked by two sets of double-hung windows with simple surrounds. The main entrance is centered in the lower level, with the doorway flanked by single, wide 1/1 double-hung windows. The major alteration was the loss of an impressive, full- width front porch, which covered the ground floor and had an encircling railing possibly creating a balcony above. It was supported by four turned posts, had no railing on the lower level, and was accessed by single steps in the center and on the sides. It had been replaced by three hipped canopies over the front windows and door. At the rear, a one-story addition projected eastward; with a low gable roof which was made prior to 1936 (according to an aerial photo taken that year) . Other alterations included the loss of historic outbuildings and the removal of the surrounding citrus grove. There are no other features on the property except the eucalyptus windbreaks. ANALYSIS: A. Significance: Historical and Cultural - San Bernardino County records show that Charles N. Ross, a local citrus grower, first possessed ownership of the property on the southeast corner of Etiwanda and. Highland Avenues in 1895. Ross was one of the Etiwanda Colony's earliest settlers, as records indicate he owned ten acres of vines and trees in 1883. He apparently constructed the now demolished home for his family shortly after the turn of the century. By 1908, he was president of the Etiwanda Citrus Association; two years later, he was serving as Vice-President of the organization, now renamed the Etiwanda Citrus Fruit Growers Association. By 1914, he was President of the Etiwanda Foothill Citrus Association. He appears A --? HPC STAFF REPORT POI 93-02 - CITY OF R. C. July 14, 1993 Page 3 to have been a major citrus grower in the community, having owned several 10-acre parcels; county records show assessments in the three and four thousand dollar range for his orchards from 1917 to 1923. It is likely he built his large home from the proceeds of his early successes in the citrus industry. The property remained in his ownership until 1925, when it was transferred to Harold B. Ross and other members of the family. In 1936, it became the property of Stella A. Carter, who appears to have been a member of the family, possibly a daughter. She was still shown as the owner in 1948. Architectural - The house was the home of a prominent local citrus grower and his family. C. Newton Ross appears to have made notable contributions to local history, especially with regards to the citrus industry. The house, however, had been altered from his period of association with it, having lost a major character- defining element, the large, elegant front porch. Its replacement by three triangular canopies over the ground floor windows and doors further detract from the appearance as Ross would have known the house. Also, an unattractive rear addition had been made, and the historic outbuildings and groves associated with the property's significance as a citrus ranch were removed. Issues - The unfortunate demolition of the Ross House occurred after the property owners allowed the building to deteriorate to a state where it represented a danger to the public, according to the Building Official. As per the Commission and City's policy, Point of Interest designation can recommend that certain measures be enacted at the time of development in order to mitigate the loss of this recognized historic resource. B. _Environmental Assessment - Point of Interest Designation: Historic designations are exempt under CEQA per Article 19, Section 15308. C. Environmental Assessment - Demolition: Possible mitigations that could be required of a future development project on the Ross House site include: 1. Reconstruction of the house per recent documentation and historic written and photographic sources. 2. Contribution of monies toward City preservation projects, i.e., the Chaffey-Garcia Barn. 3. Commemoration of the history of the site through an integral public art program that would include both visual and verbal interpretation. 4. Commission of a number of oral histories (under five) focusing on the Ross House site and the citrus heritage of the Etiwanda community. HPC STAFF REPORT POI 93-02 - CITY OF R. C. July 14, 1993 Page 4 FACTS FOR FINDINGS: Per Section 2.24.090 of the City's Historic Preservation Commission Ordinance (Ord. 70), the following findings are made in support of this designation recommendation: A. Historical and Cultural Significance: Finding: 1. The proposed Point of Interest is particularly representative of an historic period, type, style, region, or way of life. Fact/s: The Charles N. Ross House stood as an important reminder of the early citrus growing era of Etiwanda's history. Finding: 2. The proposed Point of Interest is an example of a type of building which was once common but is now rare. Fact/s: As a grove house once surrounded by acres of citrus trees, the Ross House represented one of a handful of such homes still in existence. Finding: 3. The proposed Point of Interest was connected with someone renowned or important or a local personality. Fact/s: Charles Ross came to Etiwanda early in its settlement, arriving in 1883, only one year after the Chaffey brothers established the colony. An active grower in and promoter of the citrus industry, Ross owned several 10-acre parcels and was a key participant in the growth of the community. His family and descendants continued to live and work in the community into the 1950x. Finding: 4. The proposed Point of Interest is connected with a business or use which was once common but is now rare. Fact/s: The citrus industry played a critical role in the formation and growth of the Etiwanda Community. The industry's presence has declined dramatically in the past forty years. RECOMMENDATION: Staff recommends that the Commission forward its approval to the City Council to designate the Ross House as an Historic Point of Interest and to record for future environmental assessment of a project on that site the following potential mitigations caused by the neglect and eventual demolition of the Ross House: 1. Reconstruction of the house per recent documentation and historic written and photographic sources. 2. Contribution of monies toward City preservation projects, i.e., the Chaffey-Garcia Barn. A HPC STAFF REPORT POI 93-02 - CITY OF R. C. July 14, 1993 Page 5 3. Commemoration the history of the site through an integral public art program that would include both visual and verbal interpretation. 4. Commission of a number of oral histories (under five) focusing on the Ross House site and the citrus heritage of the Etiwanda community. Respectful ubmitt , Brad Bul r City Planner BB:AMH/jfs Attachments: Exhibit "HPC-1" - State Historic Resources Survey Form Exhibit "HPC-2" - Photographs Exhibit "HPC-3" - Site Plan Resolution of Approval DEPARTMENT OF TRANSPORTATION CALIFORNIA DEP TION ARCHITECTURAL INVENTORY/EVALUATION FORM MAP REFERENCE NO. 40 County-Route-Postmile: SBd 30 0.0/22.8 ( ) LISTED ( ) DETERMINED ELIGIBLE ( ) APPEARS ELIGIBLE ( x ) APPEARS INELIGIBLE IDENTIFICATION 1.Common Name: Carter House 2.Hlstoric Name: C. N. Ross House L 3.Strest or rural address: 6527 Etiwanda Avenue City: Rancho Cucamonga (Etiwanda) Zip Code: 91739 County: San Bernardino 4.13arcel Number: 227-051-03 Present Owner: Daniel Massagli Address: P. O. Box 245 City: Rancho Cucamonga Zip Codi 91730 S.Ownership Is: ( ) Public ( x ) Private 6.Present Use: Residential Original Use: Residential DESCRIPTION 7a.Archltectural Style: Colonial RevivaVFoursquare" 7b.Brfefly describe the present PHYSICAL CONDITION of the alto or structure and describe any major alterations from Its original condition: The house is a large, two-story building with a medium hip roof; it is very similar in design, scale and age with its neighbor to the east, the Kemp house[Map Reference No. 411. Although no date of construction could be obtained, the house appears to have been built just after the tum of the century. The roof has triangular attic vents on the east and west slopes, and two "cast stone"concrete block chimneys are placed near the crest; a third chimney of similar material is on the rear slope of the roof. The eaves are open, with projecting rafter ends. The house is sheathed in 2-lap drop siding, and has a slanted bay with three windows on the ground floor of the south elevation. The house has a symmetrical facade, with the second story consisting of a central pair of double hung windows, which appear to have provided access to the upper level porch,flanked by two sets of double-hung windows with simple surrounds. The main entrance is centered in the lower level, with the doorway flanked by single, wide 1/1 double-hung windows. The major alteration is the loss of an impressive,full-width front porch, which covered the ground floor, and had an encircling railing creating a balcony above. It was supported by four turned posts, and had a wood floor, it had no railing on the lower level, and was accessed by single steps in the center and on the sides. N it has been replaced by three hipped canopies over the front windows and door. At the rear, a one story addition projects eastward;it has a low gable roof, and was made prior to 1936, as it appears on an aerial photo taken that Year. Other alterations include the loss of historic outbuildings and the removal of the surrounding citrus grove. There are no other features on the property except the eucalyptus windbreaks. 8. Construction data Estimated: (1905) Factual: ( ) 9. Architect: Unknown 10. Builder: Unknown 11. Approx.property size Acreage: 10 12. Date(s)of enclosed photograph(s): January 27, 1989 EXHIBIT "HPC- 1 " P.O.I. 93-02 - 13.Conditlon: Excellent ( ) Good ( ) Fair (x ) Deteriorated ( ) 14.Atterations: Removal of front porch, canopies added over front windows, removal of grove and outbuildings 15.Surroundings: (Check more than one if necessary) Open land ( x ) Scattered buildings ( ) Densely built-up ( ) Residential ( x ) Industrial ( ) Commercial ( ) Other: 16.Threats to site: None known ( ) Private Development ( ) Zoning ( ) Vandalism ( ) Public Works Project (x ) Other: 17.1s the structure: On its original site? ( x ) Moved? ( ) Unknown? ( ) 18.Related features: Eucalyptus windbreaks SIGNIFICANCE 19.8riefly state historical and/or architectural Importance(Include dates, events,and persons associated with the site): The property was traced back through San Bernardino County Assessor lot books to 1895, when it was owned by Charles Newton Ross, a local citrus grower. The lot books for the Etiwanda Colony lands are unusual in that same improvements are shown in the 1890s; a small improvement is shown on the property through Assessor's Year 1901, which has increased roughly seven-fold by 1915, when listing improvements resumed. The house appears to have been constructed shortly after the turn of the century,judging by its architectural character. (CONTINUED) Location sketch map(draw&label site and surrounding streets,roads, and prominent landmarks): See Map 3 20.Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture ( ) Arts & Leisure ( ) EconomicOndustrial ( ) Exploration/Settlement ( ) t Government ( ) Military ( ) Religion ( ) Social/Education ( ) 21.Sources (List books, documents, surveys, personal interviews and their dates.) 1 Etiwanda. The First 100 Years, Etiwanda Historical Society, 1982;9 History of Etiwanda. by Robert L. Hickcox, 1981 (MS copy in City of Rancho Cucamonga Planning Department historical survey files). "Designated and Potential Historical Site List", City of Rancho Cucamonga, March 1988; City historical survey property file for 6527 Etiwanda Avenue, Planning Department, City of Rancho Cucamonga; San Bernardino County Assessor, Lot Books 4(old series, 1895-1916),3, 15, 33, 64, 95 and 122(1917-1948). Fairchild Aerial Photo Collection, Whittier College (Photos C-4061-15, 1936; C-5042-19, 3/13/1938). 22.Date form prepared: February 21, 1989 By: Aaron A. Gallup Organization: Cakrans Address: 1120 N Street City: Sacramento Zip Code: 95814 Phone: (916) 920-7672 ------ CONTINUATION SHEET MAP REFERENCE NO. 40 19.9rlefly state historical and/or architectural Importance(include dates, events,and persons associated with the site): C. Newton Ross was one of the early settlers in the Eitwanda Colony;the Ontario Fruit Grower of March 13, 1883 noted he owned 10 acres of vines and trees in Etiwanda (Hickoox, p. 118). In 1894 he is listed as a shareholder in the Etiwanda Fruit Company (Hickcox, p. 243), and was active in the promotion of the local citrus industry. By 1908, he was president of the Etiwanda Citrus Association;two years later, he was serving as vice-president of the organization, now renamed the Etiwanda Citrus Fruit Growers Association. By 1914, he was president of the Etiwanda Foothill Citrus Association. He appears to have been a major citrus grower in the community, having owned several 10-acre parcels;county records show assessments in the three and four thousand dollar range for his orchards from 1917 to 1923. It is likely he built his large home from the proceeds of his earty successes in the citrus industry. The property remained in his ownership until 1925, when it was transferred to Harold B. Ross and other members of the family. In 1936, it became the property of Stella A. Carter, who appears to have been a member of the family, possibly a daughter. She was still shown as the owner in 1948. The house was the home of a prominent local citrus grower and his family. C. Newton Ross appears to have made notable contributions to local history, especially with regard to the citrus industry. The house, however, has been substantially altered from his period of association with it, having lost a major character-defining element, the large, elegant front porch; its replacement by three triangular canopy over the ground floor windows and doors further detract from the appearance as Ross would have known the house. Also, an unattractive rear addition has been made, and the historic outbuildings and groves associated with the property's significance as a citrus ranch have been removed. The house now stands alone on a large, bare lot, and does not convey the sense of time and place required by the National Register. Although the house may have had some local significance for its direct association with C. N. Ross, it has been so substantially altered that it no longer meets the criteria of the National Register of Historic Places. Map Reference No . 40 r 10 WAIVrOnRISIO t f { 2:2 tU C. N. Ross House, 6527 Etiwanda Avenue Front elevation, cobblestone curb in foreground r #C. _ .�,_.,�•'�=sib Rear elevation A � 'r w. K ,tib.! r.'�a¢,�',hr air r �,,,�,,...w,.•,. ..,�..y.n..,,,-� :,:+�t�f�^�,,•rti''r+l�.. ,,p�r� M. 11 y Ell i � t �1 � r •L�la _ — s►� i - ��:','�• y� �q" ���'yt'yY tr fY'��rl� (•}-7�I�n�1:. "jam• T �-qq�'r. ♦ 1 � M � y � r •kJlr iji 'ri'r*-*rE w4 a a y �yJ `'*.s"{' a ti'Yv '� :F�4M�. 3 <�j � -•�,�'s' � ;''ft r�'L����y t -�'�r �l ���,, x J�•a� ,q�J'�`fl7►r�'G�..�E�',� �y y �����Lam• T'�s 4 Mans • ' • • t. • a s v e � ''.yrA � ,tia• w -_ � T, � �ti�.. 'r, ��,it `.Y.••..t '..K° a �\ T ♦ t ice: _. NICa�-ILAND A�. Cl. p L. I�oS -qe-l- 3 v � ITEM: O.S. 93'02 Cit? ! oa`a TITLE: 5171F, N a EXHIBIT:PA;C-3SCALE: RESOLUTION NO. 93-06 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF POINT OF INTEREST NO. 93-02 TO DESIGNATE THE C. N. ROSS HOUSE SITE, LOCATED AT 6527 ETIWANDA AVENUE, AS AN HISTORIC POINT OF INTEREST - APN: 227-051-03. A. Recitals. (i) The City has filed an application for an Historic Point of Interest Designation as described in the title of this Resolution. Hereinafter in this Resolution, the subject Historic Point of Interest Designation is referred to as "the application." (ii) On July 14, 1993, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Historic Preservation Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. The application applies to approximately 10 acres of land, basically a square configuration, located at the southeast corner of .Highland and Etiwanda Avenues. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on July 14, 1993, including written and oral staff reports, together with public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Commission hereby makes the following findings and facts: A. Historical and Cultural Significance: Finding: 1. The proposed Point of Interest is particularly representative of an historic period, type, style, region, or way of life. Fact/s: The Charles N. Ross House stood as an important reminder of the early citrus growing era of Etiwanda's history. AIV HPC RESOLUTION NO. 93-06 POI 93-02 - CITY OF R.C. July 14, 1993 Page 2 Finding 2. The proposed Point of Interest is an example of a type of building which was once common but is now rare. Fact/s: As a grove house once surrounded by acres of citrus trees, the Ross House represented one of a handful of such homes still in existence. Finding 3. The proposed Point of Interest was connected with someone renowned or important or a local personality. Fact/s: Charles Ross came to Etiwanda early in its settlement, arriving in 1883, only one year after the Chaffey brothers established the colony. An active grower in and promoter of the citrus industry, Ross owned several 10-acre parcels and was a key participant in the growth of the community. His family and descendants continued to live and work in the community into the 19509. Finding 4. The proposed Point of Interest is connected with a business or use which was once common but is now rare. Fact/s: The citrus industry played a critical role in the formation and growth of the Etiwanda Community. The industry's presence has declined dramatically in the past forty years. 4. This Commission hereby finds that the project is considered exempt under the California Environmental Quality Act of 1970 per Article 19, Section 15308. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, that the Historic Preservation Commission of the City of Rancho Cucamonga hereby recommends approval of Historic Point of Interest Designation 93-02 on this 14th day of July 1993. 6. The Chairman of this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 1993. HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman HPC RESOLUTION NO. 93-06 POI 93-02 - CITY OF R.C. July 14, 1993 Page 3 ATTEST• Brad Buller, Secretary I, Brad Buller, Secretary of the Historic Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Historic Preservation Commission held on the 14th day of July 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Ito Law Offices of Schwartz, Wisot & Rodov A Professional Corporation 315 South Beverly Drive Gp BRUCE E. SCHWARTZ Suite 315 � EC E1VC�Cp•M2323 VALERIE WISOT Beverly Hills, California 902121L3 �Op`v,S��N TFAX: (310) 556-2308 VALENTINA RODOV xj� P` PNG1elephone: (310) 277 Pt<y1N ' Voice Mail: 205 3 July 9 , 1993 Refer to File No. VIA FACSIMILE AND FIRST CLASS MAIL Rancho Cucamonga Historic Preservation Commission Planning Division City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga , CA 91730 Re: Historic Point of Interest Designation 93-02 -- City of Rancho Cucamonga APN: 227-051-03 6527 Etiwanda Avenue, Rancho Cucamonga Ladies and Gentlemen: This office represents the owners of the real property referenced above, located at the southeast corner of Etiwanda and Highland Avenues, Rancho Cucamonga, California (the "Property" ) . The Property owned by our clients is an approximately 10 acre parcel of vacant land. The only existing structure located on the property was demolished pursuant to requirements imposed by the City of Rancho Cucamonga ("City") as set forth in documentation dated February 24 , 1993 and February 27 , 1993 , copies of which are attached hereto for your reference. Demolition was effected as mandated by the City, according to a demolition permit duly issued by the City. After demolition of the structure, my clients received notice of your meeting scheduled for July 14 , 1993 . We have been advised that at the July 14 meeting proposals to designate the Property as an Historic Point of Interest and to establish potential future environmental mitigation measures will be considered. City of Rancho Cucamonga Historic Preservation Committee July 8 , 1993 Page 2 In a telephone conversation with Larry J. Henderson, Principal Planner for the City, on June 29 , 1993 , I inquired of Mr. Henderson as to the authority relied on by the City and the Historic Preservation Commission, if any, to propose designation of the Property as an Historic Point of Interest and mitigation measures at this time. I was advised by Mr. Henderson that such measures would be proposed pursuant to the provisions of "CEQA, " the California Environmental Quality Act (Public Resources Code, Section 21000-21177) , even though it is my understanding, as confirmed by Mr. Henderson, that no "project" as defined by CEQA guidelines has been proposed by the landowners. Our clients object to the designation of the Property as an Historic Point of Interest, and to the establishment of "potential future environmental mitigation measures" regarding their property based upon the grounds set forth in this letter. This letter shall serve as formal objection by my clients to any such action being taken by the City or your Commission at the July 14 , 1993 meeting, or at all . The objections of the landowners are as follows: 1. The designation of the Property as an Historic Point of Interest would be a violation of the Historic Preservation Commission Ordinance of Rancho Cucamonga, Section 2 . 24 . 090. Section 2 . 24 . 090 sets forth the landmark designation review criteria which the Historic Preservation Commission and the City Council shall consider as a guide in making a determination in designating an historic landmark. Because the Property is nothing but raw land, it is not representative of any historical period, type, style, region or way of life. It is not an example of a type of "building which :•aas once common but is now rare. " The Property is not of greater age than most of its kind, nor is the Property connected with a business or use which was once common but is now rare. There is no architect or builder who is related to the Property who was important, nor is the site the location of an important historic event or building. There is no historic architectural or engineering significance of the Property, nor does the Property materially benefit the historic character of the neighborhood. The Property does not in its location represent any established or familiar visual feature of the neighborhood, community or City. (See Ord. 70 S9 , 1979 . ) City of Rancho Cucamonga Historic Preservation Committee July 8, 1993 Page 3 By copy of this letter, I invite the City Attorney of the City of Rancho Cucamonga to advise me as to the authority under which common, ordinary and raw land may be designated as an historic landmark in the State of California or the City of Rancho Cucamonga. 2 . The designation of the Property as an Historic Point of Interest, with accompanying imposition of potential future environmental mitigation measures would be violative of the due process, equal protection and just compensation protections afforded by the U. S. Constitution, Amendments 5 and 14 , and the California Constitution, Article 1, Section 19 . As set forth in the opinion of Foster v. U. S. (1979) 607 F. 2d 943 , 221 Ct. Cl. 412 , on remand to Cl. Ct. 426 (see also, William C. Haas & Co. , Inc. v. City and County of San Francisco (1979) 605 F. 2d 1117 , certiorari denied 100 S. Ct. 1315 , rehearing denied 100 S. Ct. 1867) , regulation by a governmental entity where action is such that it deprives the owner of all or most of the use of his property may be so substantial and affect the character that it cannot be done without compensation. Regulation which destroys a major portion of land ' s value denies a property owner of all economical viable use of the land. Lockary v. Kayfetz (1990) 917 F. 2d 1150 . Where the government regulates the use of property, compensation is required under the taking provisions of the California and United States Constitutions if the regulation deprives the owner of economic use of the property in such a manner as to unfairly single out the property owner to bear the burden that should be borne by the public as a whole. Yee v. City of Escondido ( 1992) 112 S . Ct. 1522 . For example, a finding that a zoning change from commercial to residential resulted in an unconstitutional taking was made in D'Addario v. Planning and Zoning Commission of Town of Darion (1991) 593 A. 2d 511 , when the change significantly reduced the value of the landowner ' s property, and there would be minimal harm, if any, to the public if the zoning change was not effected. 3 . The steps proposed for your July 14 , 1993 meeting indicate implementation of a plan which will invade valuable property interests of my clients in an immediate and tangible fashion. Such action would be violative of the due process provisions of both the United States and California Constitutions in that such action does not reasonably relate to a legitimate governmental purpose, especially in light of the fact that the Property fails to meet the criteria set forth in the City ' s own statute. Further, because demolition of the structure previously City of Rancho Cucamonga Historic Preservation Committee July 8 , 1993 Page 4 located on the Propery was required by the City, it is illogical that the City would now choose to designate raw land which has no unique character as historical . The City' s conduct in first requiring demolition after years of effort by the landowners to keep the structure secure from vandals, and thereafter attempting to designate the land as "historical" appears to be an inconsistent pattern of behavior which constitutes harrassment of the owners. 4 . The proposed action would constitute an appropriation of a valuable property right which specifically affects the landowners, to their detriment. 5. The actions as set forth in the Notice of the July 14 , 1993 hearing would be premature, especially with respect to enactment of environmental mitigation measures, pursuant to the provisions of CEQA, as no "project" has been proposed by the landowners. Should any of the Commission wish to discuss the objections set forth in this letter with me in more detail , I would be happy to discuss it with that member upon the consent of the City Attorney, or to discuss any questions directly with the City Attorney. I do request, however, that no member of the City contact my clients directly to discuss the matter. Very truly yours, SCHWARTZ, WISOT & RODOV A P fessional Law Corporation VALERIE WISOT VW: lsr cc: City Council, City of Rancho Cucamonga c/o Mayor Dennis L. Stout (VIA FACSIMILE & US MAIL) City Attorney - City of Rancho Cucamonga (VIA FACSIMILE & US MAIL) Clients (VIA FACSIMILE & US MAIL) T H E C I T Y O F Q A N C H -o -C U C A M o N G A February 24, 1993 Hong-Yu Chiu Hsien-Chang Lee 30251 Avenida Selecta Palos Verdes, CA 90274 RE: Substandard and Dangerous Building at 6527 Etiwanda Ave. APN# 227-051-03 "FINAL NOTICE" Again, it has come to the attention of this division that the building referenced above, which is apparently owned by you, exists in a substandard and dangerous condition. The violations remain the same; the structure is abandoned, the board-up material has been partially removed and the doors and windows remain unlocked and unsecured. The interior of the building has been further vandalized; these continuing conditions render the structure an attractive nuisance and in violation of Section 1001 of the Uniform Housing Code, 1991 Edition. The structure has been posted "Do Not Enter Unsafe To Occupy. . . . . ." ; In addition, a Notice of Pendency has been filed with the county recorder' s office. Section 1101 of the Uniform Housing Code requires that the Building Official make certain determinations and take certain action to bring about abatement of dangerous buildings . Accordingly, because of these continuing dangerous conditions, this office is requiring that the building be razed and completely removed. All necessary permits must be obtained no later than March 15, 1993, and all work must be completed thirty (30) days from the date of permit issuance. If this condition is not remedied by the dates indicated, this office will proceed with abatement under the Uniform Housing Code. Section 1101 (4ii ) , and assess the cost as a lien against the property. Mayor Dennis L. Stout Councilmember Diane Williams Mayor Pro-Tem William J. Alexander _ Councilmember Pamela J. Wright Jack Lam, AICP, City Manager Councilmember Charles J. Buquet II 10500 Civic Center Drive P O. Box 807 Rancho Cucamonga,CA 91729 (714)989-1851 FAX(714)987-6499 Hong-Yu Chiu February 24, 1993 Page 2 Any person having record title and interest in this matter may appeal this notice, provided the appeal is made in writing as provided in the Uniform Housing Code, 1991 Edition, within thirty (30) days from receipt of this final notice. Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. If you have any questions regarding this matter, please call this office at 989-1863 Extension 2223. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Building and Safety Jerry R. Grant, Building Official Carlos H. Silva , Sr. Rehabilitation Specialist CS:ll 1 FEE g -� • 2 MSYS 7 GIMS IMS .93_--038148 3PcoR 8NOFE RECORDED"M 4 LNIVTa ST FEE 0 FF-I-CI A,- RECORDS 5 SVY r_93 FEB —I PM 3: 09 6 SAN EE7:Z oTT C 0..t-4- When Recorded Mail To: City of Rancho Cucamonga Building and Safety Division10500 Civic Center Dr.Rancho Cucamonga, CA 91730 NOTICE OF PENDENCY OF PROCEEDING UNDER SECTION-. 202—OF THE HDlISINS CODE FOR T11E CITY OF RANCHO CUCAHONGA AS AMENDED AND A00PTED BY ORDINANCE 497 OF THE CITY OF RANCHO CUCAMONGA TO CAUSE THE ABATEMENT OF UNSAFE BUILDINGS NOTICE IS HEREBY GIVEN that a proceeding, entitled as above, has been commenced by the undersigned Building Official of the City of Rancho Cucamonga against the recorded owner of the property and improvements thereon hereinafter described and against the holder of any mortgage or deed of trust or other lien or encumbrance of record, the owner of the holder of any lease of record and the holder of any other estate or interest of record in or to said improvements or the land on which it is located; that said proceeding is now pending and is taken pursuant to the Provisions of Section 202 of the said Housing Code, that this proceeding affects the interest of the recorded owner of the said property and improvements and the interest of the holder of any mortgage or deed of trust or other lien or encumbrance of record, the owner or holder of any lease of record and the holder of any other estate, or interest of record in the property or improvements thereon and that the object of said proceeding is to secure the repair or demolition and removal of said improvements. The property and said improvements are located within the corporate limits of the City of Rancho Cucamonga , County of San Bernardino, State of Califcr^ip The undersigned certifies that he has found and determined that said improvements are substandard under the provisions of Section 202 of the said Housing Code and that the following named is the owner of record of said property and improvements. NAME OF LEGAL OWNER: Chiu Hong Yu Etal, Lee Hsien Chang ASSESSOR'S PARCEL NUMBER: 0227-051-03 ADDRESS: 6527 Etiwanda Ave . DATED: This . . . . . . . , 27th. . . . . . . Day of . . .Januar. . . . . . . . . . . . . 19 . 93. . . . . C/ e, y Gr Building Official cxty ofrancho Cucamonqa , ( _.i'E OF CALIFORNIA COUNTY OF SAN BERNARDINO -7 On this : . . . . . . .day of . . . . 19 7-3. before me , ,JAN SUTTON, Deputy City Clerk of the City of Rancho Cucamonga , personally appeared . . . . . Jerry Grant proved to me on the basis of satisfactory evicence to be the person who executed this instrument as Building Official of the City of Rancho Cucamonga , a municipal corporation existing and organized under the laws of the State of California , and acknowledged to me that the City of Rancho Cucamonga executed it. Jan Sutton Deduty City Clerk City of Rancho Cucamonga