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HomeMy WebLinkAbout2001/08/08 - Agenda Packet C~ CITY OF RANCHO CUCAMONGA ` HISTORIC PRESERVATION COMMISSION AGENDA WEDNESDAY AUGUST 8, 2001 7:00 PM Rancho Cucamonga Civic Center Council Chamber 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Pledge of Allegiance Roll Call Chairman McNiel Vice Chairman Macias Corn Mannerino _ Com Stewart _ Com. Tolstoy II. ANNOUNCEMENTS III. APPROVAL OF MINUTES July 25, 2001 IV. PUBLIC HEARINGS The (ollow~ng items are public hearings m which concerned individuals may voce their opm~on o(the related protect Please wart to be recogn¢ed by the Chairman and address the Comm~ss~on by stating your name and address. All such opm~ons shall be limited to 5 minutes per md~vidual for each pro/ect Please sign m afterspeakmg A. LANDMARK DESIGNATION DRC2001-00369 -JOSEPH AND J. L. WALKER - An application to designate the Krysto Ranch House and property as a Historic Landmark, located at 5917 Archibald Avenue - APN' 201-152-15 V. DIRECTOR'S REPORTS B. ANNUAL UPDATE OF HISTORIC PRESERVATION ACTIVITIES - Oral report VI. 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 VII. COMMISSION BUSINESS VIII. ADJOURNMENT 1, Lois Schrader, Planning Secretary of the Cdy of Rancho Cucamonga, or my designee, hereby certdy that a true, accurate copy of the foregoing agenda was posted on August 2, 2001, at least 72 hours poor to the meeting per Government Code Section 54964 2 at 10500 Gvic Center Dnve, Rancho Cucamonga • Page 2 r Vicinity Map Historic Preservation Commission August 8, 2001 Hillside ~- i 5 Banyan ~ 19th/210 Fwy ~ ~ ~ t l0 A N C -~ Foothill i ArrOW _~ 4th B is an annual update of Histonc Preservation Activities ~ City of Rancho Cucamonga ~ CITY HALL Wilson Q v c ~ ~ > Y Ly f6 _ ` ~ ~ Q • T H E C I T Y O F ANCt10 UCAMONGA Staff Report DATE: August 8, 2001 TO: Chairman and Members of the Historic Preservation Commission FROM: Brad Buller, Clty Planner BY: Shonda Bello, Clty Planning Alde SUBJECT. HISTORIC LANDMARK DESIGNATION DRC2001-00369 - J.L. WALKER - An application to designate the Krysto Rancho House and property as a Historic Landmark, located at 5917 Archibald Avenue - APN. 201-152-15. BACKGROUND A. Historical Significance: The land and structure known as the "Krysto Ranch," located at 5917 Archibald Avenue, has been connected with not only some of the most prominent residents of the lomosa/Alta Loma Community, but also with one of the biggest mysteries to take place in the Alta Loma Community (Exhibit "A"). Dr. Theodore Krysto (Kystopovitch), aman of noble birth and friend to Czar Nicholas II, was responsible for moving the Krysto family to the loamosa area While serving as Czar's Minister of Agriculture, Dr. Krysto heard rumors of a brewing revolution. With this threat looming, Dr. Krysto moved his family to Hawaii. After some time (exact dates not known), and at the suggestion of Captain Demens, the Krysto's once again moved, this time to loamosa The family purchased a ranch south of Captain Demens's property on the east side of Archibald Avenue, where Dr. Krysto, his wife, and seven children lived from 1886 to about 1925 Ted, one of the Krysto's son's, was awell-known carpenter and builder. He is responsible for such buildings as the Alta Loma Fire Hall and Alta Loma Honor Roll, which are both located on Amethyst Avenue. Ted Krysto is also responsible for many of the homes in the Alta Loma Community, including the family home he built for his parents on the Krysto Ranch about 1912 (Exhibit °C°) Aside from being linked to a family of noble birth and outstanding community involvement, • this home also played a role in one of the biggest mysteries to take place in Alta Loma. The mystery is set during the Prohibition and Gangster Eras The 18th Amendment to the Constitution and the Volstead Act made the importing, exporting, transportation, selling, ITEM A HISTORIC PRESERVATION COMMISSION STAFF REPORT HISTORIC LANDMARK DESIGNATION DRC2001-00369-J L WALKER August 8, 2001 . Page 2 and manufacturing of intoxicating liquor illegal, and/or "sacramental" purposes were excluded "loopholes" left open, the time was right for an organized crime and mysterious disappearances. however, alcohol used for "medicinal" from this Amendment. With these explosive increase in crime, especially Frank Baumgarteker, owner of Western Grape Products, and his partner Robert Demateis purchased the 144-acre ranch in Alta Loma, as well as a ranch in Ontario and a winery located on 8th Street (now known as the Biane Winery). Frank, his wife Mary, and then son Herbert moved into the Alta Loma Ranch. Mr. Baumgarteker commuted between Los Angeles and the 144-acre Alta Loma ranch every week He would conduct business in Los Angeles and return home to Alta Loma to spend the weekend with his wife and son. During one of these trips, Mr. Baumgarteker disappeared, and was later reported to be a wctim of foul play After Mr Baumgarteker's disappearance, the companies and properties were auctioned off. The Vai brothers, James and John (Giovanni) purchased the site and assoaated businesses through a silent bid, and continued to live at 5917 Archibald Avenue until the mid 1950s. (For additional information, see Exhibit "A ") B. Site Charactenstics• The site follows a 7-8 percent grade, and composes only 1.78 acres . of the original 144-acre site. Very Low density housing units (1-2 dwelling per acre) immediately surround the subject site The home retains its setting due to the large setback from Archibald Avenue to the west, as well as a wall ranging in height from 6 to 18 inches. ANALYSIS. A General The house located at 5917 Archibald Avenue is square in plan, is a two-story wood and fieldstone structure resting on a raised basement In addition, a secondary structure is located to the northeast. The foundation and first floor exterior walls are constructed of fieldstone, and the second story is sheathed with wide clapboard siding. The roof is low-pitched gable with widely overhanging eves. A second story balcony is present along the south side of the structure, which is cantilevered and covered by principal roof A wood shingle roof caps the main unit. The front steps are constructed of poured concrete and flanked by fieldstone retaining walls that are approximately 2 feet tall. The front windows are of casement design with hinge openers. The six-paneled wooden front door is of classical design, topped with a rectangular transom, and is recessed from the wall. Decorative entablature (cornice frieze and architrave), and architrave trip are flush with the exterior wall. A fieldstone chimney is centered on the west elevation. The secondary structure is one story, located to the northeast of the main umt, and is rectangular in plan The exterior walls are constructed of fieldstone, casement windows are present, and the roof is low-pitched gable, capped with wood shake roof. Eucalyptus trees on the west property line border the property These trees served as • windbreaks, which protected the structure and vineyards during windstorms, as well as serving as property boundaries. The trees act as a reminder of agricultural history of the a~~ HISTORIC PRESERVATION COMMISSION STAFF REPORT HISTORIC LANDMARK DESIGNATION DRC2001-00369-J.L. WALKER • August 8, 2001 Page 3 lomosa/Alta Loma Community. The integrity of the house is intact, with no architectural changes visible This house incorporates prominent details from the Arts and Crafts Movement, espeaally the Praise and Monterey Styles, as well as masonry construction that was popular in the early 1900s. B Landmark Designation: The subiect site and structure certainly qualify for landmark designation based upon much of the criteria from the City's Historic Preservation Ordinance, including such significant areas as historical, cultural, architectural, and neighborhood and geographic setting Details concerning these areas of significance are contained m the °Facts for Finding° section The requested designation area includes the subiect lot, residence, and rows of Eucalyptus trees along Archibald Avenue. C Environmental Assessment• The protect is categorically exempt under Class 1.d of the guidelines for the California Environmental Quality Act. FACTS FOR FINDING: A Historical and Cultural Signrficance. • Findmq 1. The proposed landmark is particularly representative of a historical period, type, style, region, or way of life FacUs• The property identifies a historic period of the early 1900s when a large number of Russians emigrated from Russia due to awl and political unrest. FacUs. The property identifies with the Prohibition Era. Finding 2: The proposed landmark is an example of a type of bwldmg, which was once common but is now rare. FacUs. The residence retains the architectural character of the Arts and Crafts Movement, espeaally the Prairie Style. There is evidence of masonry construction that was popular in the early 1900s. Findmq 3• The proposed landmark is of greater age than most of its kind. FacUs The landmark eligible property is approximately 88 years old. Findmq 4• The proposed landmark was connected with someone renowned or important, and/or a local personality. • FacUs: The property was owned by Dr Krysto, a prominent member of the Alta Loma Community ~3 HISTORIC PRESERVATION COMMISSION STAFF REPORT HISTORIC LANDMARK DESIGNATION DRC2001-00369-J.L. WALKER August 8, 2001 • Page 4 FacUs: The property was owned by Frank Baumgarteker, a well-known businessman from Los Angeles Finding 5. The proposed landmark is connected with a business or use, which was once common but is now rare. FacUs The residence and rows of Eucalyptus trees are reminiscent of the wine industry and ranching that was once a common business and use for land. FacUs• The residence identifies a period of time when it was fashionable for the state's wealthy to own and live in "the country,° as well as own a house in "the city." B. Historic Architectural and Engineering Significance: Finding 1: The construction materials and/or engineering methods used in the proposed landmark are unusual, significant, and/or uniquely effective FacUs: The engineering methods such as the second story balcony, which is cantilevered and covered by principal roof is unusual and uniquely effective in keeping the character of the structure. The fieldstone facing is a unique material, and is not usually found in architecture and engineering of today's homes. Finding 2: The overall effect of the design of the proposed landmark is beautiful, and/or its details and materials are beautiful and/or unusual. FacUs• The fieldstone facng, as well as the Arts and Craft Movement designs are beautiful. They are not common in the homes of today C. Neighborhood and Geograohic Setting Finding 1: The proposed landmark materially benefits the historic character of the neighborhood FacUs: The immediate vanity of Archibald Avenue and Hillside Road exhibits three other historical resources; the Demens Tolstoy House, the Grandma Issak House, and the Toews House to the north. The proposed landmark contributes to the variety of architectural trends throughout the Alta Loma area in the early 1900s, and historical continuity of the neighborhood. CORRESPONDENCE The Historic Landmark designation was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were sent to • all property owners within 300 feet of the protect site / ~ HISTORIC PRESERVATION COMMISSION STAFF REPORT HISTORIC LANDMARK DESIGNATION DRC2001-00369-J.L WALKER • August 8, 2001 Page 5 RECOMMENDATION: Staff recommends that the Historic Preservation Commission adopt the attached Resolution for Historic Landmark Designation DRC2001-00369, and recommend approval by the City Counal for Landmark Designation. Respectfully Submitted, Brad Buller City Planner BB•SB/fc Attachments• Exhibit "A" -Mysterious Disappearance Exhibit "B" -Location Map Exhibit "C" -Photograph of residence Exhibit °D" -Photograph of rock wall Resolution of Approval for Landmark Designation DRC2001-00369 i P~5 "MYSTERIOUS DISAPPEARANCE" . The 18th Amendment to the Constitution and the Volstead Act made the importing and exporting, transportation, selling, and manufacturing of intoxicating liquor illegal, however, alcohol used for "medicinal" and/or "sacramental" purposes was excluded from this Amendment With these "loopholes" left open, the time was nght for an explosive increase in crime, especially organ¢ed came. According to Clifford Walker, author of One Eve Closed, the Other Red, Frank Baumgarteker owned Urnon Motor Transport Company, as well as half ownership of Western Grape Products, Bonded Winery No. 1. Western Grape Products was capable of produang $50,000 per day Baumgartekers's business partner was Robert Demateis, son of a respectable Italian winemaker The elder Demateis owned San Gabrel Winery, and along with Segundo Guasti, planted hundreds of acres of grapes in the San Gabriel and San Bernardino valleys Unfortunately, the younger Demateis did not follow in his father's honorable footsteps It is said that he "would rather make 50 cents illegally than one dollar legally ° As a favor to his elder fnend, Mr. Baumgarteker took Robert on as a tumor partner in Western Grape Products, a decision that may have had a hand in his own disappearance. After Mr. Baumgarketeker took Robert on as a partner, alcohol and wine strangely came up short, and back doors of storage rooms were found peed open. The Cucamonga Winery, also part of the purchase of Western Grape Products, was one of only a few California winenes licensed and bonded by the Federal Government to produce alcoholic beverages. As a federally bonded winery, it was under constant government scrutiny. This license and bonding by the Federal Government is yet another reason this business was highly desirable. In addition to producing wine, they also sold 5-gallon cans of grape syrup with the directions, "Do not open or add water, or it will ferment and cause wine " It was common for Mr Baumgarteker to spend the weekend with his family in Alta Loma, and then travel to Los Angeles where the headquarters of his businesses were located for the week. It was dunng one of these taps to Los Angeles that Mr. Baumgarteker disappeared. Pnor to this tnp to Los Angeles, three known mafia men, Jack Dragna, Joe Ardizoone, and Eddie Rollings were known to have visited the winery. These men were known members of the Los Angeles Branch of the La Cosa Nostra Italian Mafia At the time, Dragna was the "Don" (head of the family) and Ardizzone was the °Under boss° (second in command) of the Los Angeles Family. These men told Mr Baumgarteker to relinquish control of Bonded Winery No 1 and be a nch man, or be eliminated. He kept this threat from his wife, Mary Quint Baumgarteker, however, she knew something was wrong. When she questioned him, he told her of the threat and gave her the names of the men that visited him, and told her that should he not return home after one of his taps to groe their names to Buran Fitts, the Los Angeles Distract Attorney The Los Angeles Times, dated November 28, 1930, Clifford Walker's book, One Eve Closed, the Other Red, and James Hofer's Master's Thesis, Cucamonga Wines and Vines all report the same sequence of events. EXHIBIT "A" ~~ MYSTERIOUS DISAPPEARANCE -EXHIBIT "A" August 8, 2001 • Page 2 On Monday, November 25, 1929, Mr. Baumgarteker traveled to Los Angeles for a meeting with his business partner, Robert Demateis, and Attorney Walter Haas. At this meeting, which took place at Hoffman's Cafe on 7th Street in downtown Los Angeles, a contract was discussed that would allow Demateis to remove 40,000 gallons of wine from the Cucamonga Winery to a local wine tonic establishment. After the luncheon meeting, Mr Baumgarteker bid his business assoaates goodbye, and headed for his car, a dark purple Cadillac Phaeton that was parked on a Los Angeles street a few blocks away That was the last sighting of Mr Baumgarteker or his car. The car was later found in San Diego covered in red dust, similar to that found in the Julian area Friends of the merchant disclosed to police that bootleggers had attempted several times to approach Mr. Baumgarteker. It was intimated that efforts might have been made to frighten him into disposing of wine to them. It is also interesting that the Vai Brothers, James and John (Giovanni) purchased the Federally Bonded Winery, the 144-acre Alta Loma Ranch, and the 400,000 gallons of wine stored at the winery by silent bid, approximately 1 year after Mr. Baumgarteker's disappearance. This purchase allowed the Vai Brothers to own all methods of production for their wine tonic, which they bottled under the Padre label According to the book written by Clifford Walker, the Vai brothers were "on the fringe of gangster,° and were not the most reputable or even the highest bidders, yet they were authorized to buy the winery. . According to newspaper articles of the period, it was deaded that Mr Baumgarteker was "taken for a nde° by gangsters who had been angered by Mr Baumgarteker's refusal to participate in a liquor racket As cited in the Los Angeles Times Newspaper dated November 30, 1930, a skeleton was found in the Mohave Desert. Though severely decayed when found, the skeleton was slight of stature, and also had a few wisps of hair and remnants of clothing that indicated it was the body of Mr. Baumgarteker. The Vai Brothers continued to live at the residence and run the Padre Winery until the mid-1950s. The winery continued operating under the management of Cesare Vai, a nephew of the Vai brothers, under the new name Cucamonga Vineyard Company until the 1970s According to Walker's book, the rest of the story is unwritten and unpublished. One newspaper reporter, who allegedly worked for the Los Angeles Times, continued to push for answers and published his findings in the paper This reporter was killed when a bomb exploded on his front porch. The name of the newspaper reporter has not yet been located, due to the format of newspaper articles at that time. ~\-1 Z 0 N °n a a .~--~ ~ 1 I, M ,~aNn~ W T- to ~ -~--~, o Z ~I Z ` ~~10 a ~2it/ 0 Q ~. ~Z~ ~ ~~ _; zl~ I ~, "1`T~ I y\Y dl`d81H~2i~d ~ ~ /~ j i { W ~ ~,-~ ' .~" i~ ~l GC ~ ~ `~' Q ~-,,;, ~ ;' T !~ i \~ .~ Y .~xh~b~~ '~ ~ ~ ~ 1 -I ~~~ JADEITE i I 0 0 N O O O N r 0 0 N r _ o 0 C~ r~ u U .~ ..~ W ~,~ Q ~ • . ,.., w RESOLUTION NO A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF HISTORIC LANDMARK DESIGNATION DRC2001-00369 TO DESIGNATE THE KRYSTO RANCH HOUSE AND PROPERTY AS A HISTORIC LANDMARK AND MAKING FINDINGS IN SUPPORT THERE OF - APN. 201-152-15. A. Recitals. 1. J L. Walker has filed an application for a Landmark as described in the title of this Resolution. Hereinafter in this Resolution, the subtect Landmark is referred to as "the application." 2. On August 8, 2000, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. . NOW THEREFORE, it is here by found, determined, and resolved by the Historic Preservation Commission of the City of Rancho Cucamonga as follows• 1. This commission here by 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 178 acres of land, rectangular in configuration, located at 5917 Archibald Avenue. 3 Based upon substantial evidence presented to this Commission during the above- referenced public hearing on August 8, 2001, 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 Sionificance. Finding 1: The proposed landmark is particularly representative of a historical period, type, style, region, or way of life. FacUs• The property identifies a historic period of the early 1900s, when a large number of Russians emigrated from Russia due to civil and political unrest FacUs: The property identifies with the Prohibition Era. • Finding 2: The proposed landmark is an example of a type of building, which was once common but is now rare Y\ HISTORIC PRESERVATION COMMISSION RESOLUTION NO. ' HISTORIC LANDMARK DESIGNATION DRC2001-00369 August 8, 2001 . Page 2 FacUs. The proposed landmark retains the architectural character of the Arts and Crafts Movement, especially the Prairie Style. There is evidence of masonry construction that was popular in the early 1900s Finding 3 The proposed landmark is of greater age than most of its kind. FacUs The landmark eligible property is approximately 88 years old. Finding 4 The proposed landmark was connected with someone renowned or important, and/or a local personality FacUs. Dr Krysto, a prominent member of the Alta Loma Community, owned the property. FacUs The property was owned by Frank Baumgarteker, a well-known businessman from Los Angeles. Finding 5• The proposed landmark is connected with a busmess or use, which was once common but is now rare. FacUs. The residence and row of Eucalyptus trees are reminiscent of the wine . industry and ranching that was once a common busmess and land use Fact/s• The residence identifies a period m time when it was considered fashionable for the state's wealthy to own and live m "the country," as well as own a house m °the city." b Historic Architectural and Engineering Signrficance Finding 1: The construction materials or engineering methods used m the proposed landmark are unusual, significant, and/or uniquely effective. FacUs The engineering methods such as the second story balcony, which is cantilevered and covered by principal roof is unusual and uniquely effectroe in keeping the character of the structure The fieldstone facing is a unique material and not usually found in the architecture and engineering of today's homes Finding 2. The overall effect of the design of the proposed landmark is beautiful, or its details and materials are beautrful and/or unusual. FacUs. The fieldstone faang, as well as the Arts and Craft Movement design are beautiful, and are not common in today's homes c. Neighborhood and Geograohic Setting: Finding 1: The proposed landmark materially benefits the historic character of the neighborhood 4 `~ HISTORIC PRESERVATION COMMISSION RESOLUTION NO. HISTORIC LANDMARK DESIGNATION DRC2001-00369 • August 8, 2001 Page 3 FacUs• The immediate vianity of Archibald Avenue and Hillside Road exhibits three other historical resources, the Demens Tolstoy House, the Grandma Issak House, and the Towes House to the north. The proposed landmark contributes to the variety of architectural trends throughout the Alta Loma area in the early 1900s, and historical contmwty of the neighborhood. This Commission hereby finds that the protect has been reviewed and is considered in compliance with the California Environmental Quality Act of 1970, as landmark designations are exempt under CEQA, per Article 19, Section 15308. Commission here by resolves that pursuant Muniapal Code, that the Historic Preservation hereby recommends approval of the Landmark August 2001 Based upon the findings and conclusions set forth in paragraph 1,2, and 3 above, this to Chapter 2.24 of the Rancho Cucamonga Commission of the City of Rancho Cucamonga Designation DRC2001-00369 on the 8th day of The Chairman of this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF AUGUST 2001. • HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA. BY: Larry T. McNed, Chairman 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 8th day of August 2001, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS. . ABSENT. COMMISSIONERS: V I ~ames l~e~~uilera COUNSELOR AND ATTORNEY AT LAW 2068 ORANGE TREE LANE /SUITE 218 / REDLANDS;~~LtFDR1aQK~2374 / (909) 307-5750 /FACSIMILE (909) 307-5755 Honorable Historic Preservation Commission City of Rancho Cucamonga c/o Cny Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re APN:201-152-15 Dear Honorable Historic Preservation Commission: CITY OF RANCHO CUCAMONGA auc o s 200 RECEIVED -PLANNING This office represents Citizens for Responsible Planning and Neighborhood Preservation, an unincorporated association. I have been asked to review and comment on the proposed Historical Landmark Designation for the property located at 5917 Archibald Avenue, the "Krysto Rancho House". I have been advised by your planning staff that the designation of the property (structure) as an historic landmark is an moral step to consider permntmg the property, pursuant to a Conditional Use Permit, to be used for weddings, wedding receptions, and banquets; actrvmes other than residential uses. The planning staff advised me that the property owner has told the Crty that this is their mtentwn. See me declaration which is attached hereto. This property is located m the Very Low Density residential zoning district. The City of Rancho Cucamonga Development Code at section 17.08.020 describes this District as intended for "Very Low Density Single Family Residential Uses". Development Code Section 17.08 030 E.7 entitled "Uses Within Recognized Historical Structures", however, permits designated historical structures to be used for "other than residential", subject to use of the Conditional Use Permit I understand that the planning staff has recommended approval (or use of a) Categorical Exemption as a method of complying with the California Environmental Quality Act 21000 et seq., for this historical landmazk designation. It is our opmwn and position that the Categorical Exemption does not apply under these circumstances because the City has knowledge that the historic landmark designation is a first step that will lead to the application for Conditional Use Permit to use the property for non-residential purposes Already, I am informed, the owners aze using the property for non-residential activmes such as receptions causing noise, traffic and parking problems m the neighborhood. Because the environmental impacts are "foreseeable" the categorical exemption does not apply The Association supports historic preservation but also seeks to avoid the encroachment of Honorable Historic Preservation Comm~ss~on Page two August 2, 2001 noncompatable uses into residential neighborhoods. Most importantly, the Association's goal is to educate elected officals to the requirements of the Cahforma Environmental Quality Act and to ensure that the statute ~s followed We aze requesting that the Categorical Exemption not be approved and that an Environmental Impact Report be required at this "earliest stage m the proceedings". We are also requesting "reasonable assurances° that the Crty's custom and practice of using the H~stonc Landmazk Designation m this manner as a means of facilitating the encroachment of non-residential uses into residential neighborhoods wdl stop Thank you m advance for you- °___.a°-°'~-- MES DeAGUILERA JD/sep ,~ JAMES DeAGUILERA, ESQ. #166315 LAW OFFICES OF JAMES DeAGUILERA 2068 Orange Tree Lane, Suite 218 Redlands, California 92374 Telephone: (909) 307-5750 Fax. (909) 307-5755 Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO In re the Matter oP ) DECLARATION OF ATTORNEY JAMES DeAGUILERA Hlstonc Landmark Deslgnatlon of Property Located at 5917 Archbald Avenue, Rancho Cucamonga, California (the "Krysto Ranch House") 1 I, James DeAgudera, declare that I am an attorney at law, licensed to pracUCe before courts of the State of Cahforma, and am the attorney of record for Citizens for Responsible Planning and Neighborhood Preservation, an unincorporated assoclanon herein. I have personal knowledge of the matters stated herein, and, ~f called as a witness, I could and would competently testify thereto. 2. On Wednesday, August 1, 2001, at approximately 10.00 a m., I spoke to City of Rancho Cucamonga Planning Aide, Shonda Bello, by telephone call placed from my law office m Redlands, Cahforma regarding the Nonce of Public Hearing, Rancho Cucamonga H~stonc Preservation Commission related to h~stonc landmark deslgnat~on DRC2001-00369, Joseph and J L. Walker, to designate the Krysto Ranch House as an historic landmark 3. Planning Aide, Shonda Bello advised me that the property owner(s) had spoken to the Planning Department staff regarding their interest and mtent~ons to use the property for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rancho\rencho dec DECLARATION OF JAMES DeAGUILERA ~1 . "l . 1 weddings, wedding receptions and banquets. ', 2 4 Planning Aide, Shonda Bello further advised me that the Planning staff had ~! 3 advised or instructed the property owner(s) that they should apply for the Historic Landmark 4 Preservation before applying for a Conditional Use Permit to use the property for weddings, 5 wedding receptions and/or banquets. 6 5. At approximately 2:00 p.m. on Wednesday, August 2, 2001, I met with 7 Planning Aide, Shonda. Bellq and Planning Assistant, Emily Wilmer, at City of Rancho 8 Cucamonga City Hall. Planning Assistant Emily Wilmer advised me that it is common practice 9 for the Planning Staff to advise property owners who want to use residential property that has 10 historical significance for non-residential purposes to apply for historic landmazk status for the 11 property before applying for a Conditional Use Permit. 12 I declare under penalty of perJury under the laws of the State of California that the 13 foregoing is true and correct 14 Executed this o ~Dday of August, 2001 a edlands, California. 15 LAW FFI OF J ES DeAGUILERA 16 17 A e I 18 orne at w 19 20 21 22 23 24 25 26 27 28 DECLARATION OF JAMES DeAGL7ILERA Rnncho\raucho dec 2 2