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09-11-2018 CC Rpt 20COUNCIL AGENDA STAFF REPORTCOUNCIL AGENDA STAFF REPORT TO:HONORABLE MAYOR AND CITY COUNCIL MEMBERS DATE:SEPTEMBER 11, 2018 FROM:CITY MANAGER ITEM NO:20 SUBJECT:APPROVAL OF TRAFFIC SIGNAL MAINTENANCE EASEMENT FOR NEW TRAFFIC SIGNAL AT POMONA-RINCON ROAD AND STATE STREET RECOMMENDATION: 1. Approve traffic signal maintenance easement for the new traffic signal constructed at Pomona-Rincon Road and State Street and direct the City Clerk to record the easement with the County Recorder. 2. Determine the project to be exempt as Class 3 from review under California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et seq. ("CEQA") pursuant to Section 15303 of CEQA Guidelines. BACKGROUND/ANALYSIS: On October 18, 2016, the Planning Commission approved The Rincon project, a 157,100- square foot commercial center located on a triangular-shaped lot at the northeast corner of Soquel Canyon Parkway and Pomona Rincon Road. The Rincon (formerly known as The Golden Triangle at Chino Hills), consists of six buildings that include a 60,000-square foot, four-story, 116 room hotel, a 60,000-square foot, three-story medical office building with subterranean parking, 20,475 square feet of retail, and 16,625 square feet of food services on a 10.42-acre site. The Rincon development is also located directly across the street from Lewis Homes' Santa Barbara Mixed Use Project, a 324 multi-family residential apartment complex with mixed commercial uses. The Santa Barbara project is located on Soquel Canyon Parkway between Pomona-Rincon Road and Butterfield Ranch Road. A new traffic signal located at the main entry to the Santa Barbara project and Pomona- Rincon Road was constructed as part of the jointly required improvements for these two developments. The signal location also coincides with the main entry to The Rincon development. Since The Rincon development was not required to file a map with its approval, a separate traffic signal maintenance easement is required to provide for the signal's on-going maintenance needs. The developer for The Rincon development authorized its consultant to prepare the corresponding legal description and sketch for this easement, and it was submitted for review and approval to the City Engineer. The easement has been plan- checked and approved, and is now ready for City Council's approval and recordation by the County Recorder's office. Staff is asking Council to accept the traffic signal maintenance easement on behalf of the City of Chino Hills, and authorize the City Clerk to record it with the County Recorder's office. 111/131 ENVIRONMENTAL (CEQA) REVIEW: A Mitigated Negative Declaration (MND) was adopted for The Rincon project on October 18, 2016, and for the Santa Barbara Project on December 15, 2015. All work done in conjunction with these two projects is covered by these MNDs. Additionally, the installation of the traffic signal is exempt and is covered under Categorical Exemption 15303 (d): Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. Acceptance of the easement is not considered a project and is covered under Section 15061 (b)(3): The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. FISCAL IMPACT: There will be no fiscal impact associated with this item. REVIEWED BY OTHERS: None. Respectfully Submitted,Recommended By: Attachments Grant of Easement 112/131 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CHINO HILLS 14000 CITY CENTER DRIVE CHINO HILLS, CA 91709 NO FEES REQUIRED PER GOVERNMENT CODE SECTION 6103 DEED TRANSFER FEE: $ NONE EXEMPT UNDER SEC. 1192 OF REVENUE TAXATION CODE GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED WITH THE EXECUTION OF THIS DEED, Soquel Rincon LLC ("GRANTOR") DOES HEREBY GRANT TO THE CITY OF CHINO HILLS, A CALIFORNIA MUNICIPAL CORPORATION ("GRANTEE"), ITS SUCCESSORS AND ASSIGNS, EMPLOYEES, AGENTS AND INVITEES, A PERMANENT NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY, OVER, UPON, AND ACROSS THE LANDS HEREINAFTER DESCRIBED, TOGETHER WITH ALL OF THE RIGHTS . OR PRIVILEGES NECESSARY OR CONVENIENT FOR THE FULL ENJOYMENT OR USE THEREOF TO CONSTRUCT, RECONSTRUCT, INSTALL, REPLACE, REMOVE, REPAIR, ALTER, OPERATE, MAINTAIN, INSPECT AND UTILIZE A TRAFFIC LIGHT AND POLE, TOGETHER WITH VEHICULAR AND PEDESTRIAN INGRESS, EGRESS AND RIGHT OF WAY, AS WELL AS, ROADWAYS AND APPURTENANCES THERETO ("EASEMENT"). THE PROPERTY SUBJECT TO THIS EAS.EMENT (THE "EASEMENT PROPERTY") IS LOCATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA (THE "COUNTY"), DESCRIBED AS FOLLOWS: SEE EXHIBIT 'A' (LEGAL DESCRIPTION) AND EXHIBIT 'B' (SKETCH) ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR REPRESENTS AND WARRANTS THAT IT IS THE SOLE AND EXCLUSIVE OWNER OF THE EASEMENT PROPERTY. NO OTHER EASEMENT OR EASEMENTS SHALL BE GRANTED ON, UNDER, OR OVER SAID EASEMENT PROPERTY BY THE GRANTOR TO ANY PERSON, FIRM OR CORPORATION THAT SHALL INTERFERE WITH THE EASEMENT. GRANTEE SHALL FURTHER HAVE THE RIGHT TO USE ANY GATES THAT MAY HEREAFTER BE INSTALLED TO ACCESS OR CROSS THE EASEMENT PROPERTY. NO AMENDMENT TO THIS AGREEMENT OR ANY AGREEMENT OR NOTICE PURPORTING TO TERMINATE THIS AGREEMENT SHALL BE EFFECTIVE UNLESS WRITTEN APPROVAL IS GIVEN TO SUCH AMENDMENT, AGREEMENT, OR NOTICE BY GRANTOR AND GRANTEE, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND IS RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO. 113/131 114/131 115/131 116/131 117/131