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Home My WebLink About12-102 - Resolutions RESOLUTION NO. 12-102 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED CONSTRUCTION OF INTERSECTION AND ROADWAY IMPROVEMENTS AT PECAN AVENUE (SHELBY PLACE NORTH) AND BASE LINE ROAD OVER A PORTION OF SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0227-131-09 AND 0227-131-10 AS PART OF THE CONDITIONS OF APPROVAL OF TENTATIVE TRACT MAP NO. SUBTT18806 THE CITY OF RANCHO CUCAMONGA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City of Rancho Cucamonga is a municipal corporation, in the County of San Bernardino, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for a permanent highway easement and a temporary construction easement for a term of one year in connection with the intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road as part of the conditions of approval of tentative tract map SUBTT18806 (the "proposed Project") and all uses necessary and convenient thereto, pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution Article I, Section 19, California Government Code sections 37350, 37350.5, 37351, 37353, 40401, 40404, 54031 and 66462.5 and California Code of Civil Procedure section 1230.010 et seq. ("Eminent Domain Law"), including, but not limited to, sections 1240.010 through 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, 1245.235, 1255.410 and other provisions of law. Section 3. The City seeks to acquire an approximate 6,300 square foot permanent highway easement and a 1,200 square foot temporary construction easement for a term of one year from the real property commonly known as 13408 Base Line Road, and identified as San Bernardino County Tax Assessor's Numbers 0227-131-09 and 0227-131-10 in connection with the proposed Project ("Subject Property Interests.") City Staff has confirmed that there are no conflicts with the existing easements encumbering the Subject Property Interests. The legal descriptions of the Subject Property Interests are attached as Exhibit "A" and depicted on Exhibit "B" to this Resolution of Necessity. Exhibits "A" and "B" are incorporated herein by reference. The Subject Property Interests are required to facilitate the construction of intersection and roadway improvements to Pecan Avenue (Shelby Place North) and Base Line Road, which is a public use. Section 4. The proposed Project is consistent with and is a proposed component of the City's General Plan and of the Etiwanda Specific Plan. The street improvements comprising the proposed Project were placed as conditions of approval on Tentative Tract Map No. SUBTT18806. The conditions of approval include but are not limited to: (a) the ultimate centerline alignment and 40-foot street width, within the 64 foot right of way, shall mirror Shelby Place on the south side of Base Line Road; (b) providing a minimum width of 26 feet of pavement within available rights-of-way until such time as the west half of the street is widened by future development and design interim improvements to their ultimate configuration; (c) providing 5800 Lumens HPSV street lights, as required; (d) provide traffic signing and signage and R26(s) signs, as required; (e) modifying traffic signal equipment and loops, as required; (f) providing curb and gutter, 5 foot sidewalk, and street trees on the east side; and (g) providing a 27-foot radius curb return and access ramp at intersection with Street C (Aviary Drive). The intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road comprising the proposed Project are consistent with the City's General Plan, the Development Code and the Etiwanda Specific Plan. The proposed Project would construct intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road, which are consistent with the City's designations as a "collector road" and a "major divided arterial" in its Circulation Element of the General Plan and in accordance with Figures 5-6 and 5-21 of the Etiwanda Specific Plan of Base Line Road. The ultimate street network for collector streets, arterial roads and highways designated in the Circulation Plan of the City's General Plan shows what is required to provide adequate capacity for the City's travel needs based on the General Plan land uses and regional growth as forecasted by the Southern California Association of Governments. Based on the growth in the City and the growth resulting from the Tentative Tract Map SUBTT18806 development Project, the proposed improvements ensure that there will be safe traffic circulation at the intersection of Pecan Avenue (Shelby Place North) and Base Line Road, which are adjacent to the development Project area. The proposed Project also meets the General Plan's goal of providing circulation improvements where development projects involve existing or planned routes. Here, the conditions placed on the Tentative Tract Map development Project require the construction of intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road comprising the proposed Project. The proposed Project also ensures that the level of service along the intersections of Base Line Road are maintained at Level of Service "D" or better, consistent with the policy of the General Plan and General Plan Amendment. This standard helps ensure that traffic moves safely and efficiently throughout the community and that traffic delays are kept to a minimum. The conditions placed on the Tentative Tract Map SUBTT18806, including the street improvements comprising the proposed Project, are consistent with the General Plan, which requires adequate mitigation measures prior to, or concurrent with, project development. Further, the proposed Project would also provide emergency access for the proposed development Project as requested by the Rancho Cucamonga Fire District and would alleviate the amount of traffic from the proposed development Project using the easterly subdivision as an access point to Base Line Road. Section 5. The potential environmental impacts of the proposed Project were studied and analyzed as an integral part of the Planning Commission's analysis of the potential environmental impacts of the Tentative Tract Map SUBTT18806 pursuant to the requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000, et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000, et seq. The Planning Commission studied the potential environmental impacts of the proposed Project on September 14, 2011 when it considered the Tentative Tract Map SUBTT18806 and adopted Resolution No. 11-39. Pursuant to Resolution No. 11-39, the Planning Commission determined and resolved, based on the substantial evidence presented to the Planning Commission during the public hearing, including written and oral staff reports and public testimony, that (1) the Tentative Tract Map SUBTT18806 was consistent with the General Plan, Development Code, and Resolution No. 12-102 - Page 2 of 7 any applicable specific plans; (2) the design or improvements of the Tentative Tract Map SUBTT18806 was consistent with the General Plan, Development Code, and any applicable specific plans; (3) the site was physically suitable for the type of development proposed; (4)the design of the proposed Project was not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and (5) the proposed Project was not likely to cause serious public health problems. Further, in adopting Resolution No. 11-39, the Planning Commission found that based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment on the Tentative Tract Map SUBTT18806 development application, there was no substantial evidence that the Tentative Tract Map SUBTT18806 development Project would have a significant effect upon the environment. The City prepared a Mitigated Negative Declaration for Tentative Tract Map No. SUBTT18806, Conditional Use Permit DRC2010-01005 and Development Review DRC2011-00165 ("Mitigated Negative Declaration.") The County Clerk duly posted the Notice of Determination pursuant to the requirements of CEQA. As part of its review the Rancho Cucamonga Planning Commission considered the Mitigation Monitoring Program, which had been prepared pursuant to Public Resource Code Section 21081.6 and found that the Program was designed to ensure compliance with the mitigation measures during Project implementation. Based upon the foregoing findings, the Planning Commission adopted the Mitigation Monitoring Program. With regard to the Subject Property Interests, the Mitigated Negative Declaration and Mitigation Monitoring Program addressed environmental conditions that would encompass the construction of the intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road. After considering the evidence before it at its September 14, 2011 meeting, the Planning Commission adopted the Mitigated Negative Declaration and Mitigation Monitoring Program attached to Resolution No. 11-39 and found that there was no substantial evidence that the Tentative Tract Map SUBTT18806 development Project would have a significant effect up on the environment. In adopting the Mitigated Negative Declaration and the Mitigation Monitoring Program, the Planning Commission made the following findings: (i) the Mitigated Negative Declaration was prepared in compliance with CEQA and (ii) that based on the imposition of mitigation measures, there is no substantial evidence that the Project will have a significant impact on the environment. The Planning Commission further found that the Mitigated Negative Declaration reflected the independent judgment and analysis of the Planning Commission, and based on these findings the Rancho Cucamonga Planning Commission adopted the Mitigated Negative Declaration. Accordingly, based on the findings and conclusions set forth in Resolution No. 11-39, the Planning Commission approved the Tentative Tract Map SUBTT18806, the Mitigated Negative Declaration, and the Mitigation Monitoring Program, subject to the conditions set forth in the Resolution and in the Standard Conditions attached to Resolution No. 11-39. All of the environmental documentation prepared in connection with Planning Commission Resolution No. 11-39, including any staff reports in connection with Resolution No. 11-39, the Mitigated Negative Declaration, Mitigation Monitoring Program, and Notice of Determination have been reviewed by City staff in connection with the proposed Resolution of Necessity and on June 7, 2012, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that there have been no substantial changes in the Tentative Tract Map SUBTT18806 of which the proposed Project is an integral part, and no new information of substantial importance has been obtained that would require further environmental analysis. These environmental findings are the same environmental findings for the proposed acquisition of the Subject Property Interests. Resolution No. 12-102 - Page 3 of 7 The General Plan, the Etiwanda Specific Pian, the Development Plan, Planning Commission Resolution No. 11-39 along with conditions of approval, the Mitigated Negative Declaration, Notice of Determination, Mitigation Monitoring Program and all environmental documentation concerning the Tentative Tract Map SUBTT18806 and all Resolutions and Project documents regarding the Tentative Tract Map SUBTT18806 are on file in the City Planning Department and are incorporated in this Resolution of Necessity by this reference. Section 6. The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described on Exhibit "A" and depicted on Exhibit "B" attached hereto is necessary for the proposed Project; D. The offer required by Section 7267.2 of the Government Code was made to the owners of record. Section 7. The City has complied with the notice requirements of Code of Civil Procedure Section 1245.235. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on June 20, 2012, which includes the Staff Report dated March June 20, 2012 and all documents referenced therein, including the environmental documents referenced above, and any testimony, records, and documents produced at the hearing, all of which are incorporated herein by this reference. Section 9. The City Council of the City of Rancho Cucamonga hereby authorizes and directs the City Attorney's office and staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. Section 10. This Resolution shall take effect upon adoption. Please see the following page for formal adoption,certification and signatures Resolution No. 12-102 - Page 4 of 7 PASSED, APPROVED, AND ADOPTED this 20' day of June 2012. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None L. De nis ichael, Mayor ATTEST: Ja ice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, 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 201" day of June 2012. Executed this 215`day of June 2012, at Rancho Cucamonga, California. - �4 7,14 Janice . Reynolds, City Clerk Resolution No. 12-102 - Page 5 of 7 EXHIBIT"A" IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF THE WEST HALF OF LOT NO. 14 IN BLOCK "K"OF THE PRELIMINARY MAP OF THE ETIWANDA COLONY LANDS, RECORDED IN BOOK 2, PAGE 24 OF MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL"A" BEING THE SOUTHERLY 210 FEET OF THE EAST 30 FEET OF THE WEST 1/2 OF SAID LOT 14, OF BLOCK"K". Containing 6300 s.f more or less as shown on Exhibit "B" and by this referoponade a part hereof. PARCEL`B" BEING THE NORTHERLY 40 FEET OF THE SOUTHERLY 250 FEET OF THE EAST 30 FEET OF THE WEST 1/2 OF SAID LOT 14, OF BLOCK"K". Containing 1200 s.f more or less as shown on Exhibit"B" and by this reference made a part hereof. Prepared b Y P 10.25747 nn F. .13, 1/11 a o ns Thielmann R.C.E. 25742 My Lic. Expires 12/31/1 1 Resolution No. 12-102 - Page 6 of 7 EXHIBIT „ B " SHEET OF 1 PLAT 11 L1 WEST LINE OF EAST ONE—HALF LOT 14 PER OR. 90-039456 ETIWANDA COLONY LANDS BLK. 1 4 „K„ M . B. 2/ 24 ,.. ..< 0 0 0 0 0 N `° U II �O E. 30' OF W. 1/2 OF LOT 14, = BLK. "K" OF ETIWANDA = COLONY LANDS AS REC. IN Q z o BOOK 2 OF MAPS, PG. 24, RECORDS. OF SAN N L1 Z BERNARDINO COUNTY, CA. o70 PER ESMT. REC. 4-23-59 IN LINE TABLE PARCEL "B" BK 4797, PG 375 AND REC. BEARINGDISTANCE L1 2-3-70 IN BK. 7382, PG. 802. L1 EAST 30.00 30' o_ `14 PARCEL "A" S.W. COR. E 1/2 LOT 14 L1 f C.L. BASE LINE ROAD E 1 : SUP NO.25782 �*• E XPA VIII I/11 PREPARED BY: S THIELMANN R.C.E. 25742 DATE Resolution No. age io