HomeMy WebLinkAbout04-028 - Resolutions RESOLUTION NO. 04-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING THE
CUCAMONGA PIONEER WINERY A HISTORIC POINT OF
INTEREST, LOCATED AT 8812 HAVEN AVENUE AND MAKING
FINDINGS IN SUPPORT THEREOF -APN: 0209.131-02.
A. RECITALS.
1. The City of Rancho Cucamonga filed an application for Point of Interest
Designation DRC2003-01048 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Point of Interest is referred to as "the
application."
2. On January 28,2004, the Historic Preservation Commission held a duly noticed
public hearing and recommended approval of Point of Interest Designation
DRC2003-01048.
3. On February 18, 2004, the City Council of the City of Rancho Cucamonga
conducted a meeting and approved Point of Interest Designation
DRC2003-01048.
4. All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW,THEREFORE,it is herebyfound,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.
2. The application applies to approximately 9.65 acres of land, basically a
rectangular configuration, located at 8812 Haven Avenue.
3. Based upon substantial evidence presented to this Council, including minutes of
the public hearing by the Historic Preservation Commission on January 28,2004,
written and oral staff reports, together with public testimony, and pursuant to
Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Council
hereby makes the following findings and facts:
a. Historical and Cultural Significance:
Finding 1: The proposed Point of Interest is particularly
representative of an historical period,type,style, region,
or way of life.
Fact/s: The winery represents the agricultural period of the
Cucamonga region, and relates to the livelihood of
many residents.
Resolution No. 04-028
Page 2 of 12
Finding 2: The proposed Point of Interest was connected with
someone renowned or important or a local personality.
Fact/s: The winery was owned at one time by Garrett and
Company, one of Cucamonga's prominent wineries.
The cooperative involved several significant families
within the Cucamonga region,including the Thomases,
DeBerards, Belchers, Millikens, and Hofers.
Finding 3: The proposed Point of Interest is connected with a
business or use, which was once common but is now
rare.
Fact/s: Wineries were once common within the Cucamonga
area, but were not necessary, as demand for sweet
wines declined and the region began to be subdivided
by developers.
Fact/s: The cooperative was the first in Cucamonga that
independently owned its own winery, and was well
known in the region for this accomplishment.
4. Based upon the facts and i nformation c ontained i n t he p roposed M itigated
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 bythis reference,based upon
the findings as follows:
a. That the Mitigated Negative Declaration has been prepared in
compliance with the California Environmental Quality Act (CEQA) of
1970, as amended, and the State CEQA guidelines promulgated
thereunder;that said Mitigated Negative Declaration and the Initial Study
prepared therefore reflect the independent judgment of the City Council;
and, further, this Council has reviewed and considered the information
contained in said Mitigated Negative Declaration with regard to the
application.
b. Although the Mitigated Negative Declaration identifies certain significant
environmental effects that will result if the project is approved, all
significant effects have been reduced to an acceptable level by
imposition of mitigation measures on the project which are listed below
as conditions of approval.
I
Resolution No. 04-028
Page 3 of 12
c. Pursuant to the provisions of Section 753.5(c)of Title 14 of the California
Code of Regulations,the City Council finds as follows: In considering the
record as a whole, the Initial Study and Mitigated Negative Declaration
for the project, there is no evidence that the proposed project will have
potential for an adverse impact upon wildlife resources or the habitat
upon which wildlife depends. Further, based upon the substantial
evidence contained in the Mitigated Negative Declaration, the staff
reports and exhibits, and the information provided to the City Council
during the meeting, the City Council hereby rebuts the presumption of
adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the
California Code of Regulations.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4
above, this Council hereby resolves that pursuant to Chapter 2.24.080, Section
C. 1.of the Rancho Cucamonga Municipal Code: The"Historic Point of Interest'
designation is merely recognition for historical purposes and is not subject to
protective or restrictive provisions applicable to landmark designations, the City
Council of the City of Rancho Cucamonga hereby approves Historic Point of
Interest DRC2003-01048 contingent upon completion of the following mitigation
measures:
Environmental Mitigation
Cultural Resources
1) The property owner will place a plaque at the project site describing the
historical importance of the Pioneer Winery.
2) The property owner will conduct two oral histories for individuals that
were connected with the operation or history of the Cucamonga Pioneer
Winery. A maximum of$2,500 per interview will be deposited with the
City Planning Division prior to issuance of a demolition permit.
3) The developer building any new development on this propertywill include
an interpretive art and architectural component. This component shall be
processed as part of the Development Review Application.
4) Prior to issuance of demolition permits the property owner will complete
Historical Architectural Building Survey(HABS) Level III documentation
or a similar level of documentation for each of the six contributing
buildings within the Cucamonga Pioneer Winery District. An experienced
HABS level photographer will use large-format cameras to produce
perspective corrected, black-and-white photographs of overall views and
details of important exterior and interior features of each structure. The
photographs record textures, details, and spatial relationships not easily
conveyed by drawings or written word. An archival-quality deliverable
including written reports,black and white large-format photographic prints
would be completed. The original documents and one single sided
reproducible copy shall be deposited with the Rancho Cucamonga
Archives Center.
Resolution No. 04-028
Page 4 of 12
5) A professional archaeologist will monitor earth moving construction
activity. The monitoring will be on an intermittent,spot-check basis. The
developer will be responsible for providing the archaeological monitor
with the current construction schedule on a regular basis, and for
notifying the archaeological monitor if any unscheduled ground disturbing
activity is required. The archaeological monitor will conduct on-site
cultural resources sensitivity training(crew education)as outlined below.
If previously unknown subsurface cultural materials are uncovered,
construction work in the immediate vicinity will be halted and the
emergency discovery procedures described below will be implemented.
The archaeological monitorwill have the authority to stop and/or redirect
construction in the event of an unanticipated discovery.
6) Prior to the beginning of earth moving construction activities (including
initial grading of vegetation removal), all construction personnel
(including management)shall be informed of the cultural resource values
involved and of the regulatory protections afforded those resources. The
construction personnel shall also be informed of procedures relating to
the discovery of unanticipated cultural resources (as outlined below).
They shall be cautioned not to collect artifacts, and asked to inform a
construction supervisor and the onsite archaeological monitor in the
event that cultural remains are discovered during the course of
construction. The archaeological monitor shall administer supplemental
briefings to all new construction personnel,prior to their commencement
of earth moving construction activities. The developer will be responsible
for notifying the archaeological monitorwhen new construction personnel
are scheduled to work on the project.
7) In the event archaeological resources are unearthed during excavation
activities associated with the Project,work shall be stopped immediately
and a qualified archaeologist, pursuant to the procedures set forth at
CEQA Section 15064.5, shall evaluate the discovery. If the find is
evaluated as significant under CEQA,further mitigation measures will be
developed in concert with the City.
8) If human skeletal remains are found at the project site during earth
moving activities such as grading or trenching,work shall be suspended
and the San Bernardino County Coroner's Office shall be notified.
Standard guidelines set by California law provides for the treatment of
skeletal material of Native American origin (California Public Resources
Code, Sections 5097.98 et seq.;Health and Safety Code,Section 7050.5
and others). Procedures to be employed in the treatment of human
remains are found in, "A Professional Guide for the Preservation and
Protection of Native American Human Remains and Associated Grave
Goods," published by the California Native American Heritage
Commission.
Resolution No. 04-028
Page 5 of 12
9) A paleontological monitorwill observe earth moving construction activity.
The monitoring will be on an intermittent, spot-check basis, as deemed
appropriate by a qualified paleontologist. The developer will be
responsible for providing the archaeological monitor with the current
construction schedule on a regular basis, and for notifying the
archaeological monitor if any unscheduled ground disturbing activity is
required. The paleontological monitor will conduct on-site cultural
resources sensitivity training (crew education) as outlined below. If
previously unknown subsurface paleontological materials are uncovered,
construction work in the immediate vicinity will be halted and the
emergency discovery procedures described below will be implemented.
The paleontological monitor will have the authority to stop and/or redirect
construction in the event of an unanticipated discovery.
10)Prior to the beginning of earth moving construction activities (including
initial grading of vegetation removal), all construction personnel
(including management) shall be informed of the paleontological
resources and of the regulatory protections afforded those resources.
The construction personnel shall also be informed of procedures relating
to the discovery of unanticipated paleontological resources (as outlined
below). They shall be cautioned not to collect fossils, and asked to
inform a construction supervisor and the onsite paleontological monitor in
the event that fossils or mineralized bones are discovered during the
course of construction. The paleontological monitor shall administer
supplemental briefings to all new construction personnel, prior to their
commencement of earth moving construction activities. The developer
will be responsible for notifying the paleontological monitor when new
construction personnel are scheduled to work on the project.
11) In the event paleontological resources are unearthed during excavation
activities associated with the Project, work shall be suspended in the
immediate vicinity of the finds, and a qualified paleontological specialist
shall evaluate the potential significance of the resource. During the
evaluation period,work can be redirected to nearby locations,as long as
the paleontologist has determined that there is no potential to impact
other resources.
6. The Mayor shall certify to the adoption of this Resolution.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 04-028
Page 6 of 12
PASSED, APPROVED, AND ADOPTED this 18'" day of February 2004.
AYES: Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: Alexander
ABSTAINED: None
��..:..�
Diane Williams, Mayor Pro Tem
ATTEST:
Aj142a2a--')
P`eeJ. Ada , CMC, City Clerk
I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga,California,do
hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City
Council of the City of Rancho Cucamonga, California,at a Regular Meeting of said City Council held
on the 18'" day of February 2004.
Executed this 19`" day of February 2004, at Rancho Cucamonga, California.
7
ebra 0
City Clerk
Resolution No. 04-028
Page 7 of 12
City of Rancho Cucamonga
rl MITIGATION MONITORING
PROGRAM
Project File No.: Historic Point of Interest Designation DRC2003-01048
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 City Planner, 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 Division
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Resolution No. 04-028
Page 8 of 12
MITIGATION MONITORING PROGRAM
DRC2003-01048—CITY OF RANCHO CUCAMONGA
Page 2
3.. Appropriate specialists will be retained if technical expertise beyond the City staff's 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 Division.The Division 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 City Planner prior to the issuance of building permits.
I
MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III)
Project File Ni DRC2003-01048
Applicant: Paul B. Hofer III
Initial Study Prepared by: Lori Shriver
Date: December 2 2003
.. -
Cultural Resources
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The property owner will place a plaque at the project site cP D
describing the historical importance of the Pioneer Review of q 3
Winery. concept material
for plaque
The property owner will conduct two oral histories for Cp
individuals that were connected with the operation or B Review of report D 4/7
history of the Cucamonga Pioneer Winery. A maximum
of$2,500 per interview will be deposited with the City
Planning Division prior to issuance of a demolition
permit.
The developer building any new development on this CP B/C
property will include an interpretive art and architectural Review of
component. This component shall be processed as part concept plans
of the Development Review Application.
Cp g
owner will complete Historical Architectural Building Review of plans D 4n
Prior to issuance of demolition permits the property
Survey(HAGS)Level III documentation or a similar level
of documentation for each of the six contributing
buildings within the Cucamonga Pioneer Winery District.
An experienced HABS level photographer will use large-
format cameras to produce perspective corrected,
black-and-white photographs of overall views and details
of important exterior and interior features of each
structure. The photographs record textures,details,and
spatial relationships not easily conveyed by drawings or
written word. An archival-quality deliverable including
written reports, black and white large-format m
photographic prints,and measured drawings,would be 0
completed. The original documents and one single _C
sided reproducible copy shall be deposited with the O
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Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for �
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Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
A professional archaeologist will monitor earth moving cPBO B Prior to on-site D 4/7 0 0
construction activity. The monitoring will be on an1
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intermittent, spot-check basis. The developer will be N o
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and for notifying the archaeological monitor if any O
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unscheduled ground disturbing activity is required. The pp
archaeological monitor will conduct on-site cultural
resources sensitivity training (crew education) as
outlined below. If previously unknown subsurface
cultural materials are uncovered, construction work in
the immediate vicinity will be halted and the emergency
discovery procedures described. below will be
implemented. The archaeological monitor will have the
authority to stop and/or redirect construction in the event
of an unanticipated discovery.
Prior to the beginning of earth moving construction CP/BO B Prior to D 417
activities(including initial grading of vegetation removal), construction
all construction personnel(including management)shall activities
be informed of the cultural resource values involved and
of the regulatory protections afforded those resources.
The construction personnel shall also be informed of
procedures relating to the discovery of unanticipated
cultural resources (as outlined below). They shall be
cautioned not to collect artifacts,and asked to inform a
construction supervisor and the on-site archaeological
monitor in the event that cultural remains are discovered
during the course of construction. The archaeological
monitor shall administer supplemental briefings to all
new construction personnel, prior to their
commencement of earth moving construction activites.
The developer will be responsible for notifying the
archaeological monitor when new construction
personnel are scheduled to work on the project.
2of4
7eventt archaeolo ical resources are unearthedvation activities associated with the Project, CP/BO C Throughout panbe stopped immediately and a qualified construction
ist, pursuant to the procedures set forth at activities
tion 15064.5,shall evaluate the discovery. If
valuated as significant under CEQA,further
mitigation measures will be developed in concert with
the City.
If human skeletal remains are found at the project site CP/BO
during earth moving activities such as grading or C Throughout p 4n
trenching, work shall be suspended and the San construction
Bernardino County Coroner's Office shall be notified. activities
Standard guidelines set by California law provides for
the treatment of skeletal material of Native American
origin (California Public Resources Code, Sections
5097.98 at seq.; Health and Safety Code, Section
7050.5 and others). Procedures to be employed in the
treatment of human remains are found in, "A
Professional Guide for the Preservation and Protection
of Native American Human Remains and Associated
Grave Goods," published by the California Native
American Heritage Commission.
A paleontological monitor will observe earth moving CP/BO
construction activity. The monitoring will be on an B Prior to 0 4n
intermittent, spot-check basis, as deemed appropriate construction
by a qualified paleontologist. The developer will be activities
responsible for providing the archaeological monitor with
the current construction schedule on a regular basis,
and for notifying the archaeological monitor if any
unscheduled ground disturbing activity is required. The
paleontological monitor will conduct on-site cultural
resources sensitivity training (crew education) as
outlined below. If previously unknown subsurface A
paleontological materials are uncovered, construction m
work in the immediate vicinity will be hatted and the in
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emergency discovery procedures described below will c
be implemented. The paleontological monitor will have 'D
the authority to stop and/or redirect construction in the pt M
event of an unanticipated discovery. Z
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Mitigation Measures No.I Responsible Monitoring Timing of Method of Verified Sanctions for (a N
(D OImplementing Action for Monitoring Frequency Verification Verification _
D. C
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Prior to the beginning of earth moving construction CP/BO B Prior to B 417 0 0
activities(including initial grading of vegetation removal), construction Z
all construction personnel(including management)shall activities N o
be informed of the paleontological resources and of the
regulatory protections afforded those resources. The A
construction personnel shall also be informed of o
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procedures relating to the discovery of unanticipated OD
paleontological resources (as outlined below). They
shall be cautioned not to collect fossils, and asked to
inform a construction supervisor and the onsite
paleontological monitor in the event that fossils or
mineralized bones are discovered during the course of
construction. The paleontological monitor shall
administer supplemental briefings to all new
construction personnel,prior to their commencement of
earth moving construction activities. The developer will
be responsible for notifying the paleontological monitor
when new construction personnel are scheduled to work
on the project.
In the event paleontological resources are unearthed CP/BO C Throughout D 3
during excavation activities associated with the Project, construction
work shall be suspended in the immediate vicinity of the activities
finds, and a qualified paleontological specialist shall
evaluate the potential significance of the resource.
During the evaluation period,work can be redirected to
nearby locations, as long as the paleontologist has
determined that there is no potential to impact other
resources.
Key to Checklist Abbreviations
Responsible Person . ,i� .,i ,'NlonJt„oj`jtp„i tteno .'' "�"`. M t S W Ifl 4+�!`+"w,t�
CDD-Community Development Director or designee A-With Each New Development A-On-site Inspection 1 -Withhold Recordation of Final Map
CP-City Planner or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit
CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy
BO-Building Official or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order
PO-Police Captain or designee E-Operating S-Retain Deposit or Bonds
FC-Fire Chief or designee 6-Revoke CUP
7-Citation
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