Agenda packet — Corona City Council, September 3, 2025 (part 2 of 2)

FINANCIAL IMPACT:

ZTA2025-0001 is a City-initiated amendment; therefore, no application fees were paid for the processing of this application.

Resolution 2025-092 will adopt a permit application fee of $67 for feather flags. The resolution shall take effect and be in full force on the date Ordinance No. 3420 becomes effective. Fees shall become effective 60 days after City Council’s approval (November 2, 2025). The establishment of the permit fee will not have a negative financial impact on the General Fund. In 2024, the city issued 29 temporary use permits for feather flags.

The feather flag permit will be used instead of the temporary use permit, which is $67.

The estimated revenue of establishing a feather flag permit is $1,943 but the revenue will depend on the number of permit applications submitted to the city.

PUBLIC HEARING NOTICE:

A public hearing notice 10 days in advance of the public hearing on ZTA2025-0001 and the proposed fee was advertised in the Sentinel Weekly and on the city’s website.

ENVIRONMENTAL ANALYSIS:

Pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that 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. This action involves minor text changes to the Zoning Code regarding certain regulations for feather flags and the process for architectural review applications. This action involves no physical impact. As such, there is no possibility that the amendment to the city’s Zoning Code will have a significant effect on the environment. Therefore, a notice of exemption was prepared.

PLANNING AND HOUSING COMMISSION ACTION:

At its meeting of August 11, 2025, the Planning and Housing Commission considered the subject matter and took the following action:

Motion was made, seconded (Alexander/Vernon) and carried unanimously, with the added requirement that feather flags be spaced no closer than 30 feet from another feather flag, that the Planning and Housing Commission recommend approval of ZTA2025-0001 to the City Council, based on the findings and conditions contained in the Staff Report. The minutes of the Planning and Housing Commission meeting are included as Exhibit 4.

PREPARED BY: JOANNE COLETTA, PLANNING AND DEVELOPMENT DIRECTOR

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ATTACHMENTS:

1. Exhibit 1 – Ordinance No. 3420

2. Exhibit 2 – Resolution 2025-092

3. Exhibit 3 – Planning and Housing Commission staff report

4. Exhibit 4 – Draft minutes of the Planning and Housing Commission meeting of August 11, 2025

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ORDINANCE NO. 3420

AN ORDINANCE OF THE CITY OF CORONA,
CALIFORNIA, AMENDING SECTIONS 17.74.030, 17.74.080
AND 17.100.020 OF TITLE 17 (ZONING) OF THE CORONA

MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR

FEATHER FLAGS AND TO AMEND THE REVIEW

PROCESS FOR PROJECTS REQUIRING A CONDITIONAL

USE PERMIT AND ARCHITECTURAL REVIEW BOARD
APPROVAL (ZTA2025-0001).

WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to make and enforce within their jurisdictional limits ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and WHEREAS, Chapter 17.74 of the Corona Municipal Code (“CMC”) sets forth the general standards and regulations for signs within the City; and WHEREAS, on July 2, 2025, the City Council directed City staff to establish regulations for feather flags and create a feather flag permit process; and WHEREAS, Section 17.100.020 of the CMC describes projects that require review and approval by the Architectural Review Board; and
WHEREAS, staff is proposing to amend Section 17.100.020 to provide that projects requiring a conditional use permit (“CUP”), as well as review and approval by the Architectural Review Board, shall only be required to submit a CUP application in order to prevent redundant applications; and
WHEREAS, on August 11, 2025, the Planning and Housing Commission of the City of Corona (“Planning Commission”) conducted a duly noticed public hearing and recommended that the City Council amend: (a) Sections 17.74.030 (Definitions) and 17.74.070 (Flags, Banners, Pennants and Devices to Attract Attention) of Chapter 17.74 (Signs) of Title 17 (Zoning) of the CMC to establish regulations for feather flags; and (b) Section 17.100.020 (Approval Required) of Chapter 17.100 (Architectural Review Board) of Title 17 (Zoning) of the CMC to require a unified application and review process for projects that require a CUP and Architectural Review Board approval (ZTA 2025-0001) (“Zone Text Amendment”); and WHEREAS, the Planning Commission based its recommendation to adopt the Zone Text Amendment on the findings set forth below; and WHEREAS, on September 3, 2025, the City Council held a duly noticed public hearing at which all persons wishing to testify in connection with this Zone Text Amendment were heard and this Zone Text Amendment was comprehensively reviewed.

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2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CORONA DOES ORDAIN AS FOLLOWS:

SECTION 1. CEQA Findings. As the decision-making body for this Zone Text Amendment, the City Council finds that this action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that 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. This action involves minor changes to the text of the Zoning Code to establish regulations for feather flags and to modify the review process of projects requiring a CUP and Architectural Review Board approval. This action involves no physical impacts and does not modify density or capacity. As such, there is no possibility that adopting this Ordinance will have a significant effect on the environment. Therefore, no environmental analysis is required.

SECTION 2. Zoning Findings. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council hereby makes and adopts the following findings:

A. The proposed Zone Text Amendment is consistent with the General Plan and applicable specific plans for the following reason:
(i) ZTA2025-0001 supports the General Plan Goal LU-5 of creating distinct and well-maintained neighborhoods and districts that contribute to the identity and image of Corona as a livable, diverse, and innovative community because it implements General Plan Policy LU-5.9 by requiring adherence to design and development guidelines as well as implementing ordinances. ZTA2025-0001 establishes regulations for feather flags to control the over-saturation of temporary freestanding advertising signs on private property; and maintains the practice of requiring architectural review for certain projects without having redundant project applications.

B. The proposed Zone Text Amendment is consistent with Title 17 of the Corona Municipal Code for the following reason:
(i) ZTA2025-0001 will establish objective regulations in Chapter 17.74 for feather flags and establish a unified review process for new development that requires both an architectural review and a conditional use permit to eliminate redundancy in the number of applications for the same project.

C. The proposed Zone Text Amendment will provide for the public health, safety and welfare for the following reason:

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3 (i) ZTA2025-0001 establishes regulations for feather flags and projects that require architectural review, which are intended to promote the orderly development of property and protect the public health, safety, and welfare of the general public.

SECTION 3. Zoning Text Amendment. ZTA2025-0001 is hereby approved.

SECTION 4. Amendment to Section 17.74.030. Section 17.74.030 (Definitions) of Chapter 17.74 (Signs) of Title 17 (Zoning) of the CMC is hereby amended to add a definition for “feather flags” and to amend the definition for “temporary sign” to read as follows:
“Feather Flag” means a temporary vertical advertising banner made from a textile or nylon material supported by a single pole temporarily staked into the ground.
"Temporary sign" means any sign constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other similar lightweight materials, with or without frames which is displayed for a limited period of time in accordance with an approved banner permit, feather flag permit, temporary use permit, special use permit or as described under § 17.74.040 and § 17.74.070(I).

SECTION 5. Amendment to Section 17.74.080. Section 17.74.080 (Flags, banners, pennants and devices to attract attention) of Chapter 17.74 (Signs) of Title 17 (Zoning) of the CMC is hereby amended in its entirety to read as follows:
“17.74.080 Flags, banners, pennants and devices to attract attention.

Except as provided in §§ 17.74.220 and 17.74.230 regarding flags, banners, signs and pennants on and around city-owned light poles and sports facilities, flags, banners, pennants, festoons, valances, balloons, whirligigs and other such devices used to attract attention outdoors shall be allowed within the city only for the purpose of advertising special sales, and only upon obtaining an appropriate permit therefore subject to the following conditions:
(A) Banner permit.
(1) One banner shall be allowed per business for a period not to exceed 180 days for a special sale, grand opening or promotion in a calendar year.
(2) Banners shall not augment existing permanent signs by advertising the same message.
(3) Banners shall be placed flat against a building surface and not on the roof of a building or extend above the roof parapet. (4) Banners shall not be placed on fences, signs, poles, vehicles or other surfaces not authorized by this section. However, businesses engaging in predominantly outdoor sales, such as the sale of automobiles, recreational vehicles, motorcycles and boats may

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4 have a banner secured between two poles located inside the property. In this circumstance, the height of the banner shall not exceed six feet.
(5) Banners shall not exceed 50 square feet in size.
(B) Temporary use permit.
(1) Rooftop mounted balloons, pennants, spinners, tethered helium balloons, either stacked or arched, and similar devices are permitted with the issuance of a temporary use permit granted by the Zoning Administrator. If such devices are in conjunction with an event associated with a special use permit as described in § 17.98.030, the issuance of the permit shall be granted by the Board of Zoning Adjustment.
(2) Tethered helium balloons shall not be displayed on the roof or exterior surface of any building.
(C) Feather flag permit.
(1) Feather flags are permitted with the issuance of a feather flag permit for commercial and industrial businesses, and multiple dwelling rentals containing 50 or more units.
(2) Five feather flags are allowed per premises, or for each commercial or business center where the property contains multiple tenants, for a period not to exceed a total of 60 days in a calendar year.
(3) Feather flags shall be spaced no closer than 30 feet from another feather flag on the same property.
(4) The feather flag shall advertise a special sale, event, or grand opening and shall not be used to augment other signage for the premises or business.
(5) The feather flag shall be associated with a business on the premises where it is located.
(6) The feather flag shall not be located in the public right-ofway. (7) The feather flag shall be maintained in good condition and shall not be torn or ragged.
(8) The feather flag shall not be placed in the corner cut-off areas described in § 17.70.050.
(D) Permitted by right. The devices listed below shall be allowed for businesses engaging in predominantly outdoor sales such as the sale of autos, recreational vehicles, motorcycles and boats provided they are maintained in a clean and orderly fashion and not torn or faded subject to the following conditions:
(1) Festoons. One festoon may be placed upon each light standard or pole on the premises. Festoons shall not extend into the right-of-way areas.
(2) Flags. Flags may be placed on the roof top of a building, light standard or pole on the premises. Flags shall be placed a

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5 minimum of 15 feet apart and only on one side of the principal building on the premises.
(3) Light pole (standard) banners. Two vertical banners may be placed upon each light standard or pole on the premises. Light pole banners shall not extend into the right-of-way areas.”
SECTION 6. Amendment to Section 17.100.020. Section 17.100.020 (Approval required) of Chapter 17.100 (Architectural Review Board) of Title 17 (Zoning) of the CMC is hereby amended in its entirety to read as follows:
“17.100.020 Approval required.
(A) Prior to the issuance of a building permit, approval of an architectural review shall be required for any of the following:
(1) Any new building or structure, addition to an existing building, building moving permit, or pylon sign which are or will be located so as to have a front or side or rear on either side of East and West Grand Boulevard in the city.
(2) Any new building or structure or any addition to an existing building where architectural review under this chapter is required by this Title 17 or any applicable specific plan. (B) This chapter shall not abrogate the requirement for Board approval and determination as provided in other provisions of the code.
(C) In the event that a major conditional use permit (CUP) is required according to the procedures in Chapter 17.92 in addition to the architectural review, only the CUP application need be filed, provided that the application materials and findings also address the requirements of this chapter.”
SECTION 7. Official Record. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Corona City Hall, 400 S. Vicentia Avenue, Corona, California 92882. The custodian for these records is the Planning and Development Director of the City of Corona.

SECTION 8. Severability. If any provision or clause of this Ordinance or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect other provisions of this Ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this Ordinance are declared to be severable.

SECTION 9. Effective Date. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it, or a summary of it, to be published in a general circulation newspaper published and circulated in the City of Corona. This Ordinance shall take effect and be in force 30 days after its adoption.

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6 PASSED, APPROVED AND ADOPTED this 17th day of September, 2025. ___________________________________
Mayor of the City of Corona, California
ATTEST:
____________________________________
City Clerk of the City of Corona, California

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7 CERTIFICATION
I, Sylvia Edwards, Clerk of the City of Corona, California, do hereby certify that the foregoing Ordinance was regularly introduced at a regular meeting of the City Council of the City of Corona, California duly held the 3
rd day of September 2025, and thereafter at a regular
meeting held on the 17th day of September, 2025, it was duly passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 17th day of September, 2025. _______________________________________
City Clerk of the City of Corona, California
[SEAL]

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8 SUMMARY
On September 3, 2025, the Corona City Council will consider amending Sections

17.74.030, 17.74.080 and 17.100.020 of the Corona Municipal Code to establish regulations for feather flags and to establish a unified review process for new development that requires both an architectural review and a conditional use permit to eliminate redundancy in the number of applications for the same project. A certified copy of the full text of this proposed ordinance amendment is posted at the City Clerk’s Office.

The City Council meets at 6:00 p.m. in the Council Chambers in the Corona City Hall located at 400 South Vicentia Avenue. The City Clerk is located in Suite 115 of the City Hall near the north entrance.

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RESOLUTION NO. 2025-092

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CORONA, CALIFORNIA, ESTABLISHING AN
APPLICATION FEE FOR A FEATHER FLAG PERMIT.

WHEREAS, pursuant to the Corona Municipal Code (“CMC”) Section

17.74.080(C), a ministerial permit is required for the display of feather flags for purposes of advertising a special sale, event or grand opening; and WHEREAS, CMC Section 17.74.050(C) provides that the application fee for permits required by CMC Chapter 17.74 shall be established by resolution of the City Council; and
WHEREAS, the City Council desires to establish the fee for feather flag permit applications.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Corona, California, as follows:

SECTION 1. Findings. The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. Feather Flag Permit Fee. There is hereby established and adopted a fee of Sixty-Seven Dollars ($67) for application of a feather flag permit required by Section

17.74.080 (C) of the Corona Municipal Code. The City Council finds and determines that this fee does not exceed the estimated reasonable cost of processing and issuing a feather flag permit. This fee shall be included in the City’s annual fee study and may be amended by resolution of the City Council.

SECTION 3 CEQA Findings. This Resolution is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense rule that CEQA applies only to projects that 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. This Resolution simply adopts a fee for permit applications and there is no possibility that adopting this Resolution will have a significant effect on the environment. Therefore, no environmental analysis is required.

SECTION 4. Effective Date. The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and this Resolution shall take effect and be in full force on the date Ordinance No. 3420 becomes effective.

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2 PASSED, APPROVED AND ADOPTED this 3
rd day of September 2025.
____________________________________
Mayor of the City of Corona, California
ATTEST:
_______________________________________________
City Clerk of the City of Corona, California

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3 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 3 rd day of September, 2025 by the
following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 3
rd day of September, 2025.
_______________________________________________
City Clerk of the City of Corona, California
[SEAL]

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DATE: 08/11/2025
TO: Honorable Chair and Commissioners
FROM: Planning and Development Department
2025-296
APPLICATION REQUEST:

ZTA2025-0001: Zone text amendment to Title 17 of the Corona Municipal Code to amend Chapter 17.74 to establish regulations for feather flags, and Chapter 17.100 to amend the review process for projects that require both an Architectural Review and a Conditional Use Permit. (Applicant: City of Corona, 400 S. Vicentia Avenue, Corona, CA) RECOMMENDED ACTION:

That the Planning and Housing Commission recommend APPROVAL of ZTA2025-0001 to the City Council, based on the findings contained in the staff report.

BACKGROUND
Feather Flags
At the City Council meeting on July 2, 2025, the City Council directed staff to establish regulations for feather flags and create a feather flag permit. A feather flag is a vertical banner attached to a single pole, temporarily staked into the ground. The banner is used as a means of advertising a product, business, or event. The City Council discussed limiting feather flags to five per property for a period not to exceed 60 days in a calendar year and restricting the use to advertising special sales, events, or grand openings.

Architectural Review
The Architectural Review application described in CMC Chapter 17.100 applies to the site plan and architecture of new buildings and structures, or the addition to buildings and structures that front, side, or rear on Grand Boulevard. The architectural review process

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existed before the city established the Precise Plan application review process required by CMC Chapter 17.91, which is a site plan and architectural review for certain new residential developments, commercial developments, and developments located in specific plans.

Decisions on architectural review and precise plan applications are discretionary by the Planning and Housing Commission (Commission). Per CMC Section 17.100.010, the Commission functions as the Architectural Review Board when deciding on architectural review applications.

The objective findings that need to be made by the Commission for granting an architectural review and precise plan are similar. Projects are required to:
• Comply with the provisions of Title 17, Zoning Code, and other applicable provisions of the Corona Municipal Code and applicable specific plan, • Comply with objective development standards required by the zoning of the site, and • Comply with applicable design guidelines.

The precise plan process listed in CMC Section 17.91.020(A)(2) takes into consideration that a project may also require a conditional use permit (CUP). In that event, the precise plan yields to the CUP, provided that the CUP materials and findings also address the requirements of the precise plan. This would occur when a project involves the construction of a new building or physical changes to an existing developed property exceeding 30% of the site area or building elevations. This prevents redundant applications with the same material being covered for the same project.

The architectural review process in CMC Chapter 17.100 does not consider that a property subject to architectural review may require a CUP. Therefore, ZTA2025-0001 proposes to add text similar to the text provided in CMC Section 17.91.020 (A)(2) for the precise plan process, which would allow an architectural review to yield to a CUP should a project require both an architectural review and a CUP application.

PROPOSED AMENDMENT
ZTA2025-0001 proposes to amend the following section within Title 17 of the CMC. The added text is shown in red underline. The proposed amendment is also shown in Exhibit 1.

17.74.030 Definitions.
“Feather Flag” means a temporary vertical advertising banner made from a textile or nylon material supported by a single pole temporarily staked into the ground.

17.74.080 Flags, banners, pennants and devices to attract attention. (A) Banner permit…

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(B) Temporary use permit…
(C) Feather flag permit.
(1) Feather flags are permitted with the issuance of a feather flag permit for commercial and industrial businesses, and multiple dwelling rentals containing 50 or more units.
(2) Five feather flags are allowed per premises, or for each commercial or business center where the property contains multiple tenants, for a period not to exceed a total of 60 days in a calendar year.
(3) The feather flag shall advertise a special sale, event, or grand opening and shall not be used to augment other signage for the premises or business. (4) The feather flag shall be associated with a business on the premises where it is located.
(5) The feather flag shall not be located in the public right-of-way. (6) The feather flag shall be maintained in good condition and shall not be torn or ragged.
(7) The feather flag shall not be placed in the corner cut-off areas described in §

17.70.050.
(C D) Permitted by right. The devices listed below shall be allowed for businesses engaging in predominantly outdoor sales such as the sale of autos, recreational vehicles, motorcycles and boats provided they are maintained in a clean and orderly fashion and not torn or faded subject to the following conditions:……
Chapter 17.100
Architectural Review Board

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(B) This chapter shall not abrogate the requirement for Board approval and determination as provided in other provisions of the code.
(C) In the event that a major conditional use permit (CUP) is required according to the procedures in Chapter 17.92 in addition to the architectural review, only the CUP application need be filed, provided that the application materials and findings also address the requirements of this chapter.

ENVIRONMENTAL ANALYSIS
Pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that 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. This action involves minor text changes to the Zoning Code regarding certain regulations for feather flags and the process for architectural review applications. This action involves no physical impact. As such, there is no possibility that the amendment to the city’s Zoning Code will have a significant effect on the environment. Therefore, a notice of exemption was prepared.

FISCAL IMPACT
ZTA2025-0001 is a city-initiated application. No application fee was paid to process this request.

PUBLIC NOTICE AND COMMENTS
A 20-day public notice was advertised in the Sentinel Weekly News and posted on the city’s website. As of the preparation of this report, no correspondence has been received regarding the proposed amendment.

STAFF ANALYSIS
The amendment establishes regulations for feather flags. The regulations are intended to control the excessive use of feather flags on properties to reduce visual clutter and maintain an orderly and clean appearance along the city’s streets.

The amendment also proposes to establish the same process used for precise plan applications to architectural review applications by allowing only the CUP applications to be filed when a project requires both an architectural review and CUP. The CUP will include the same information required by the architectural review application and will prevent redundant applications for the same project.

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FINDINGS FOR APPROVAL OF ZTA2025-0001

1. Pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that 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. This action involves minor text changes to the Zoning Code regarding certain regulations for feather flags and the process for architectural review applications. This action involves no physical impact. As such, there is no possibility that the amendment to the city’s Zoning Code will have a significant effect on the environment. Therefore, a notice of exemption was prepared.

2. ZTA2025-0001 is consistent with the General Plan for the following reason:
a. ZTA2025-0001 supports the General Plan Goal LU-5 of distinct and well maintained neighborhoods and districts that contribute to the identity and image of Corona as a livable, diverse, and innovative community because it implements General Plan Policy LU-5.9 by requiring adherence to design and development guidelines as well as implementing ordinances because it establishes regulations for feather flags to control the over-saturation of temporary freestanding advertising signs on private property; and maintains the practice of requiring architectural review for certain projects without having redundant project applications.

3. ZTA2025-0001 is consistent with the intent of Title 17 of the Corona Municipal Code for the following reason:
a. ZTA2025-0001 will establish objective regulations in the Sign Ordinance for feather flags and establish a review process for new development that requires both an architectural review and a conditional use permit to eliminate redundancy in the number of applications for the same project.

4. The proposed amendment will provide for the public health, safety, and welfare for the following reason:
a. ZTA2025-0001 establishes regulations for feather flags and projects that require architectural review, which are intended to promote the orderly development of property and protect the public health, safety, and welfare of the general public.

PREPARED AND SUBMITTED BY:JOANNE COLETTA, PLANNING ANDDEVELOPMENT DIRECTOR

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Exhibits:

1. Proposed Amendment

2. Environmental Documentation

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JAMIER\05000.20005\10312987.3
Chapter 17.74
Signs

17.74.030 Definitions.
“Feather Flag” means a temporary vertical advertising banner made from a textile or nylon material supported by a single pole temporarily staked into the ground.

17.74.080 Flags, banners, pennants and devices to attract attention. (A) Banner permit…
(B) Temporary use permit…
(C) Feather flag permit.
(1) Feather flags are permitted with the issuance of a feather flag permit for commercial and industrial businesses, and multiple dwelling rentals containing 50 or more units.
(2) Five feather flags are allowed per premises, or for each commercial or business center where the property contains multiple tenants, for a period not to exceed a total of 60 days in a calendar year.
(3) The feather flag shall advertise a special sale, event, or grand opening and shall not be used to augment other signage for the premises or business. (4) The feather flag shall be associated with a business on the premises where it is located.
(5) The feather flag shall not be located in the public right-of-way. (6) The feather flag shall be maintained in good condition and shall not be torn or ragged.
(7) The feather flag shall not be placed in the corner cut-off areas described in §

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JAMIER\05000.20005\10312987.3
Chapter 17.100
Architectural Review Board

17.100.020 Approval required.
(A) Prior to the issuance of a building permit, approval of an architectural review shall be required for any of the following:
(1) Any new building or structure, addition to an existing building, building moving permit, or pylon sign which are or will be located so as to have a front or side or rear on either side of East and West Grand Boulevard in the city. (2) Any new building or structure or any addition to an existing building where architectural review under this chapter is required by this Title 17 or any applicable specific plan.
(B) This chapter shall not abrogate the requirement for Board approval and determination as provided in other provisions of the code.
(C) In the event that a major conditional use permit (CUP) is required according to the procedures in Chapter 17.92 in addition to the architectural review, only the CUP application need be filed, provided that the application materials and findings also address the requirements of this chapter.

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Notice of Exemption FORM “A”

NOTICE OF EXEMPTION
TO:
☒ Land Use and Climate Innovation
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
Sent via online: https://ceqanet.lci.ca.gov/
FROM:
(Public
Agency)
Name: City of Corona, Planning &
Development Department
Address: 400 S. Vicentia Ave., Suite
120, Corona, CA 92882
Telephone: 951-736-2434
☒ Clerk of the Board of Supervisors
or
County Clerk (Include County name)
Address: 4080 Lemon Street, Riverside, CA
92501

1. Project Title: ZTA2025-0001

2. Project Applicant: City of Corona

3. Project Location – Identify street address and cross streets or attach a map showing project site
(preferably a USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):

City wide

4. (a) Project Location – City: Corona (b) Project Location – County: Riverside

5. Description of nature, purpose, and beneficiaries of Project:

Amendment to Chapter 17.74 to establish regulations for feather flags, and Chapter 17.100 to amend the review
process for projects that require both an Architectural Review and a Conditional Use Permit.

6. Name of Public Agency approving project: City of Corona

7. Name of Person or Agency undertaking the project,
including any person undertaking an activity that
receives financial assistance from the Public Agency
as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity:

City of Corona

8. Exempt status: (check one)
(a) ☐ Ministerial project. (Pub. Resources Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) ☐ Not a project.
(c) ☐ Emergency Project. (Pub. Resources Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))

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Notice of Exemption FORM “A”
(d) ☐ Categorical Exemption.

State type and section number:
(e) ☐ Declared Emergency. (Pub. Resources Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(f) ☐ Statutory Exemption.

State Code section number:
(g) ☒ Other. Explanation: (Public Resources Code § 21080 (a); State CEQA Guidelines §15061(b)(3))

9. Reason why project was exempt: Pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), a project
is exempt from CEQA if the activity is covered by the
commonsense exemption that CEQA applies only to
projects that 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. This action involves minor text changes to the Zoning Code regarding certain regulations for feather flags and the process for
architectural review applications. This action involves no physical impact. As such, there is no possibility that the amendment to the city’s Zoning Code will have a
significant effect on the environment. Therefore, a notice of exemption was prepared.

10. Lead Agency Contact Person:

Telephone:

Joanne Coletta, Director
951-736-2434

11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing.

12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ☒ No ☐

13. Was a public hearing held by the Lead Agency to consider the exemption? Yes ☒ No ☐ If yes, the date of the public hearing was: Click to enter date ________________________________
Signature Date: Click to enter date
Sylvia Edwards
Name Title: City Clerk
☒ Signed by Lead Agency ☐ Signed by Applicant
Date Received for Filing: Click to enter date
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

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DRAFT MINUTES - August 11, 2025
City of Corona - Planning & Housing Commission Page 1
City of Corona
Planning & Housing Commission Minutes
Monday, August 11, 2025, 6:00 p.m.

Council Chambers
400 S. Vicentia Avenue
Corona, CA 92882
Commission Present: Matt Woody, Craig Siqueland, Sarah Longwell, Karen Alexander, Marie Vernon
_____________________________________________________________________

1. PLEDGE OF ALLEGIANCE
Vice Chair Alexander led the Pledge of Allegiance.

2. CALL TO ORDER
Chair Longwell called the meeting to order.

3. MEETING MINUTES

3.1 MINUTES - June 23, 2025
These Minutes were approved.

Moved by: Karen Alexander
Seconded by: Craig Siqueland
Aye (5): Matt Woody, Craig Siqueland, Sarah Longwell, Karen Alexander, and Marie Vernon
Motion APPROVED (5 to 0)

4. COMMUNICATIONS FROM THE PUBLIC
None.

5. CONSENT CALENDAR
Vice Chair Alexander shared the details of her previous recusal from this project, which no longer is required. Item 5.1 was pulled for discussion.

5.1 First Amended and Restated Affordable Housing Disposition and Development Agreement between the City of Corona and Second Street Family LP
Karen Roper, Housing and Homeless Solutions Manager, presented the history and details of this project. The Commission thanked Ms. Roper for her work on

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DRAFT MINUTES - August 11, 2025
City of Corona - Planning & Housing Commission Page 2
this project, and she in turn thanked C&C Development for bringing their housing solution efforts to Corona.

Moved by: Karen Alexander
Seconded by: Matt Woody
That the Planning and Housing Commission recommend approval to the Corona Housing Authority and the City Council for the First Amended and Restated Affordable Housing Disposition and Development Agreement between the City of Corona and Second Street Family LP.

Aye (5): Matt Woody, Craig Siqueland, Sarah Longwell, Karen Alexander, and Marie Vernon
Motion APPROVED (5 to 0)

6. PUBLIC HEARINGS

6.1 ZTA2025-0001
Joanne Coletta, Planning and Development Director, reviewed the staff report and exhibits for ZTA2025-0001.

Commissioners had various questions regarding the details of this zone text amendment and Ms. Coletta provided clarification.

Chair Longwell opened and closed the public hearing with no speakers.

The Commission discussed possible variations to the proposed amendment.

Their consensus was to move to approve this item with added verbiage addressing spacing guidelines for the feather flag section of this amendment.

Moved by: Karen Alexander
Seconded by: Marie Vernon
That the Planning and Housing Commission recommend APPROVAL of ZTA2025-0001 to the City Council, based on the findings contained in the staff report.

Aye (5): Matt Woody, Craig Siqueland, Sarah Longwell, Karen Alexander, and Marie Vernon
Motion APPROVED (5 to 0)

7. WRITTEN COMMUNICATIONS
None.

8. ADMINISTRATIVE REPORTS
Ms. Coletta shared that the Planning & Housing Commission's denial of the Monte Olivo application, was appealed to, but upheld by the City Council. The Commission had questions regarding next steps and recourse available to the applicant and Ms. Coletta provided clarification.

9. COMMISSIONERS' REPORTS AND COMMENTS

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DRAFT MINUTES - August 11, 2025
City of Corona - Planning & Housing Commission Page 3
Commissioner Siqueland expressed gratitude to the Fire and Police Departments for their professionalism and quick response to the Green River Fire in July 2025.

10. FUTURE AGENDA ITEMS
Future agenda items are to be determined for the Planning and Housing Commission meeting of August 25, 2025.

11. ADJOURNMENT
Chair Longwell adjourned the meeting at 7:13 p.m. to the Planning and Housing Commission meeting of Monday, August 25, 2025, commencing at 6:00 p.m. in the City Hall Council Chambers.

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DATE: 09/03/2025
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2025-356

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

HEARING TO CONSIDER RESO 2025-094 TO AMEND RESO 2020-043 DECLARING

NECESSITY TO ACQUIRE BY EMINENT DOMAIN EXTENDED AND MODIFIED PROPERTY INTERESTS IN 151-195 N. MCKINLEY AND 2275 SAMPSON (APNS 172- 420-002, 003, 004 & 005) FOR MCKINLEY GS PROJECT
EXECUTIVE SUMMARY:

This agenda report asks the City Council to adopt an amended resolution declaring the necessity of acquiring by eminent domain various extended and modified interests in property located at 151-195 N. McKinley Street and 2275 Sampson Avenue (APNs 172- 420-002, 172-420-003, 172-420-004 for the construction and maintenance of the McKinley Street Grade Separation Project. The proposed new Resolution of Necessity (Reso 2025-094) amends the previously adopted Resolution of Necessity (Reso 2020- 043), adding the following extended and modified interests: (1) modifying from nonexclusive to exclusive a portion of the Temporary Construction Easements on parcels 172-420-002 & 003; (2) extending by 25.25 months the Temporary Construction Easements on parcels 172-420-002 & 003; (3) new Intermittent Parking Interests on parcels 172-420-002, 003, 004 & 005; and (4) new Impaired Irrigation Area Interests on parcels 172-420-002, 003, 004 & 005. Adopting the amended Resolution of Necessity (Reso 2025-094) would allow the City to take the necessary steps to file a First Amended Complaint in Eminent Domain, prior to the currently scheduled October 31, 2025 trial

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date, and thereafter take steps to compensate the interested parties for the extended and modified interests.

RECOMMENDED ACTION:

That the City Council:
a. Conduct a public hearing to consider the adoption of the amended Resolution of Necessity (Reso 2025-094), including providing all parties interested in the affected property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the Resolution of Necessity. b. Make the following findings as hereinafter described in this report:

1. The public interest and necessity require the proposed project;

2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;

3. The real property to be acquired is necessary for the project, and;

4. The offer of just compensation has been made to the property owner. c. Adopt Resolution 2025-094, amending Resolution 2020-043, to declare the necessity to acquire by eminent domain the modified and extended temporary construction easement interests and the new intermittent parking area and impaired irrigation area interests in in certain property located at 151-195 N.

McKinley Street and 2275 Sampson Avenue, identified as Assessor Parcel Nos. 172-420-002, 172-420-003, 172-420-004, and 172-420-005 for the construction and maintenance of the McKinley Street Grade Separation Project. d. Adopt Resolution 2025-094 to authorize the filing of a motion with the court where the eminent domain proceeding for the acquisition of the property interests identified in Resolution 2020-043 is pending for leave to amend the complaint to include the modified or added interests as provided by Code of Civil Procedure section 1250.340, subdivision (b), which states:
“A public entity may add to the property sought to be taken only if it has adopted a resolution of necessity that satisfies the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4 for the property to be added.” (Cal. Civ. Proc. Code § 1250.340, subd. (b).)
ANALYSIS:

BACKGROUND AND DESCRIPTION OF PROPERTY TO BE ACQUIRED:

A. Property Interests Included in City’s June 3, 2020 Resolution of Necessity On June 3, 2020, the City adopted Resolution No. 2020-043 (the “2020-043 Resolution”) finding and declaring the necessity to acquire by eminent domain for the McKinley Street

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Grade Separation Project (the “Project”) the following interests in the real property identified as Assessor Parcel Nos. 172-420-002, 172-420-003, 172-420-004 and 172- 420-005 (the “Subject Property”):

RESO 2020-043

PROPERTY INTERESTS
City
Parcel No.

Assessor
Parcel Nos. Interest Size Term (if applicable)
MSGS-02A 172-420-002 Fee Simple and
Access Denial
Interests (partial)

0.570 sq acres N/A
MSGS-02A 172-420-002 Temporary
Construction
Easement (“TCE”)

0.437 sq acres 30 months1
MSGS-02A,
MSGS-02B
172-420-002,
003, 004 & -
005
Permanent
Ingress/egress
easement
as described N/A
MSGS-02B 172-420-003 Fee Simple Interest
(partial)

0.738 sq acres N/A
MSGS-02B 172-420-003 TCE 0.165 sq acres 30 months2
These interests are collectively referred to as the “2020-043 Property Interests”.

The Project, which is to be substantially completed by September 2025, includes the construction of a new four-lane overhead grade separation at the McKinley Street/BNSF Railway double tracks, north of the intersection with Sampson Avenue, in the City of Corona, in Riverside County, California (“the Project”). The north/south limits of improvements and required property generally extend along McKinley Street, which is consistent with the City’s zoning of Support Commercial and Limited Commercial industrial land uses.

The 2020-043 Resolution authorized the acquisition of the 2020-043 Property Interests to support the construction, operation, and long term maintenance of roadway, wall, ingress and egress easement (to replace ingress and egress which was lost due to the construction of the Loop Road), temporary loss of access and loss of parking stalls due to construction of the Project, as well as real property improvements, and furniture, fixtures and equipment including a monument sign.

1 The term of this TCE was expected to commence January 24, 2021, and end July 24, 2023. 2 As with the TCE for Parcel 002, the TCE for Parcel 003 was expected to commence January 24, 2021, and end July 24, 2023.

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A copy of the 2020-043 Resolution is attached hereto and incorporated herein by this reference.

B. City’s July 24, 2020 Complaint in Eminent Domain and Subsequent Order for Prejudgment Possession
On July 24, 2020, the City filed a Complaint in Eminent Domain with the Riverside Superior Court to acquire the 2020-043 Property Interests. (Case number RIC2002846 the “Action”.) The property owner, C.P.I. Properties, a California limited partnership (“CPI” or “Property Owner”) filed an Answer to the City’s complaint on or about September 18, 2020, and raised challenge to the City’s right to acquire the 2020-043 Property Interests, which challenge was subsequently settled. The City subsequently took possession of the 2020-043 Property Interests and construction commenced on the Subject Property.

C. City’s Actual Construction Activities Resulted in Acquiring and Impacting More Property Interests Than What Were Included in the City’s Original RON and Complaint in Eminent Domain
During the course of construction of the Project, the City realized that the following extended and modified interests were also needed for the Project:
(1) A portion of the TCE area in parcels 172-420-002 & 003 was being used exclusively (and not non-exclusively, as originally expected) by the City; (2) Due to various construction delays, the term of the TCE in parcels 172-420- 002 & 003 needed to be extended from the expected termination date of July 24, 2023 to August 31, 2025
(3) The contractor intermittently used, from July 1, 2023 through August 24, 2025, up to eight parking stalls in certain portions of the Subject Property; and
(4) The Subject Property’s irrigation system was inadvertently severed on July 1, 2021 and restored on May 1, 2025.

The documents identified below (which are attached to Reso 2025-094) show which property interests/impacts remain the same, based upon the 2020-043 Resolution, and which property interests/impacts have changed or were added during the course of construction:

Exhibits Attached to Reso 2025-094
Exhibit “A”: Fee Simple Acquisitions No Change
Exhibit “B”: Permanent Ingress/Egress Easement No Change Exhibit “C”: TCEs Changes Reflected in Exhibit

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Exhibit “D”: Intermittent Parking Area
Added
Exhibit “E”: Impaired Irrigation Area Added
D. City’s Request for CPI to Stipulate to Allow the City to Amend its Complaint in Eminent Domain to Include the Additional Property Interests/Impacts As recently reiterated by the California Supreme Court, “under Article 1, section 19 of the California Constitution…a public entity must pay the owner just compensation when it takes or damages private property for public use.” (City of Oroville v. Superior Court of Butte County (2019) 7 Cal.5th 1091, 1102.) Where a public entity files an eminent domain action, the landowner’s entitlement to just compensation is not in dispute. The public entity concedes liability at the outset of an eminent domain action such that “there is ordinarily no question that [the public entity] has ‘taken or damaged’” the property at issue. (Weiss v. People ex rel. Dep’t of Transp. (2020) 9 Cal.5th 840, 853.) There is no question that CPI is entitled to just compensation for the additional property interests/impacts. Accordingly, the City is prepared to file a First Amended Complaint in Eminent Domain (to include the additional property interests/impacts) for this purpose.

The City’s outside eminent domain counsel has requested the Property Owner’s counsel to stipulate to allow the City to amend its Complaint in Eminent Domain. This included several written requests (emails) dated May 21, 2025; June 23, 2025; July 3, 2025; July 17, 2025; and August 19, 2025.

E. CPI’s Refusal to Allow City to Stipulate to Amend its Complaint in Eminent Domain
CPI’s counsel has, to date, refused the City’s requests. CPI filed a Cross-Complaint for Inverse Condemnation against the City on October 30, 2024. Rather than allow the City to amend its Complaint in Eminent Domain, CPI appears to want a ruling from the Court that the City is liable in inverse condemnation.

An action for inverse condemnation has been described as “an eminent domain proceeding initiated by the property owner rather than the condemnor.” (Marshall v. Dep’t of Water and Power of the City of Los Angeles (1990) 219 Cal.App.3d 1124, 1138.) A landowner has a right to file an inverse condemnation action against the government “[w]here government does not recognize that a particular circumstance amounts functionally to a taking for public use or otherwise fails to pay the requisite compensation for the property in question…” (City of Oroville v. Superior Court of Butte County, supra 7 Cal.5th at 1102; see also Joffee v. City of Huntington Park (2011) 201 Cal.App.4th 492, 503: ‘The doctrine of ‘inverse condemnation’ has evolved to advance these rights where private property is taken or damaged by governmental action, but where the responsible public entity does not initiate proceedings in eminent domain.”) Given the City’s acknowledgement that CPI is entitled to just compensation for the additional property interests/impacts, and given the City’s stated willingness to file a First

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Amended Complaint in Eminent Domain, CPI’s Cross-Complaint for Inverse Condemnation is unnecessary.

F. City’s Need to Adopt This RON in Order to File a First Amended Complaint in Eminent Domain
The City can seek to file a First Amended Complaint without CPI’s consent under applicable law. This requires the City Council to first adopt an Amended Resolution of Necessity. Under California Code of Civil Procedure Section 1250.340(b), “A public entity may add to the property sought to be taken only if it has adopted a resolution of necessity that satisfies the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4 for the property to be added.”
The City should formally amend its resolution of necessity well in advance of the October 31, 2025 trial date in this case. In County of San Diego v. Bressi (1986) 184 Cal.App.3d 112, 122-123., the Court of Appeal stated in pertinent part: “The resolution of necessity conclusively establishes the extent of the taking…The public agency may not later expand the scope of the taking as defined in the resolution of necessity without paying additional compensation…” Moreover, in Coachella Valley Water District v. Western Allied Properties, Inc. (1987) 190 Cal.App.3d 969, 978-979, the Court of Appeal cited Bressi and stated: “The court ruled that a jury is entitled to consider all evidence relevant to valuation as long as such evidence does not contradict the scope of the taking as defined by the resolution of necessity.” The court in Coachella went on the note that Coachella Valley Water District could “easily” amend its resolution of necessity before trial: “Here, as in Bressi, the issue raised by Western Allied is easily eliminated by formal amendment to the resolution of necessity before retrial of the valuation phase.” (See also Sacramento Flood Control Agency v. Dhaliwal (2015) 203 Cal.App.4th 1315, 1331-1333.) Based upon the above cases, the City Council should consider amending its Resolution of Necessity so that (if the Amended RON is adopted) the City can take steps to file a First Amended Complaint in Eminent Domain prior to the October 31, 2025 trial date.

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G. Property Interests to be Included in the Amended Resolution of Necessity 2025-094
Based upon the above, the property interests, as amended, which the City needs for the Project (including those previously identified and those that have changed or have been added) are:

RESO 2025-094

PROPERTY INTERESTS
City
Parcel No.

Assessor
Parcel Nos. Interest Size
Term
(if
applicable)
Difference

AMENDED PROPERTY INTERESTS
MSGS02A 172-420-002
Fee Simple and
Access Denial
Interests (partial)

0.570 sq
acres
N/A None
MSGS02A 172-420-002
Temporary
Construction
Easement (“TCE”)

0.437 sq
acres

55.25 months3

25.25 months &
partial
exclusivity
MSGS02A,
MSGS02B
172-420-
002, 003,
004 & -005
Permanent
Ingress/egress
easement
as described N/A None
MSGS02B 172-420-003 Fee Simple
Interest (partial)

0.738 sq
acres
N/A None
MSGS02B 172-420-003 TCE 0.165 sq
acres

55.25 months4

25.25 months&
partial
exclusivity

NEW PROPERTY INTERESTS
MSGS02A,
MSGS02B
172-420-
002, 003,
004 & -005
Intermittent
Parking Interests
8 out of 59
parking stalls
Intermittent
use between
7/1/23-
8/31/25
New

3 As stated in footnotes 1 and 2 herein, the term of this TCE started January 24, 2021. The amended date of expiration is August 31, 2025.
4 As stated in footnotes 1 and 2 herein, the term of this TCE started January 24, 2021. The amended date of expiration is August 31, 2025.

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MSGS02A,
MSGS02B
172-420-
002, 003,
004 & -005
Impaired Irrigation
Area Interests
within
irrigation
areas
7/1/21-5/1/25 New

NOTICE OF INTENT TO ADOPT AMENDED RESOLUTION OF NECESSITY A notice of this public hearing was made to the Property Owner on August 19, 2025, by first class mail in accordance with Section 1245.235 of the California Code of Civil Procedure. The notice was also sent by U.S. Mail and email to counsel of record in the Action for the Property Owner.

HEARING AND REQUIRED FINDINGS:

The recommended actions of the City Council pertain to the Subject Property owned by CPI; namely Assessor Parcel Nos. 172-420-002, 172-420-003, 172-420-004 and 172- 420-005.

A. Hearing
California eminent domain law provides that a public entity may not commence eminent domain proceedings until its governing body has adopted a Resolution of Necessity, which resolution may only be adopted after the governing body has given each party with an interest in the affected property or their representatives a reasonable opportunity to appear and be heard on the following matters:

1. The public interest and necessity require the proposed project.

2. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury

3. The real property to be acquired is necessary for the project.

4. The offer of just compensation has been made to the property owner.

B. Required Findings
By adopting the 2020-043 Resolution, the City found and determined that the first two requirements were met. The City is now asked to consider and determine that the additional rights used by the City during construction are necessary for the Project and that the offer of just compensation for those additional interests have been made to the Property Owner.

1. The Public Interest and Necessity Require the Proposed Project As determined by the 2020-043 Resolution, the public interest and necessity require the Project. The Project required the construction of a grade separation structure, retiring the existing at- grade crossing, and providing a signalized intersection at the proposed relocated junction of McKinley Street and Sampson Avenue. The Project will:

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1. Improve safety by separating vehicles, pedestrians, and cyclists from trains at the railroad crossing;

2. Provide unhindered access for emergency vehicles;

3. Reduce traffic congestion;

4. Reduce air and noise pollution;

5. Minimize impacts to adjacent property owners and the surrounding public to the maximum extent possible, both during and after construction of a grade separated intersection at the BNSF crossing; and

6. Reduce impacts to railroad operations.

2. The Project is Planned or Located in a Manner That Will be Most Compatible with the Greatest Public Good and the Least Private Injury As determined by the 2020-043 Resolution, the Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury. The permanent rights being acquired from the Subject Property for the Project have not changed. The only changes, as discussed above, are to the terms of the temporary construction easements and include additional intermittent use of parking areas and the inadvertent severance of the irrigation system within the Subject Property. These modified or additional interests were needed for the Project.

3. The Real Property to be Acquired is Necessary for the Proposed Project
As determined by the 2020-043 Resolution, in order to accommodate the widening of McKinley, the grade separation structure, and a loop road through the northeast quadrant of the Project area that was necessary due to the separation of the McKinley/Sampson intersection, portions of the Subject Property had to be acquired. However, now that construction is concluding it has been determined that the 30 month-temporary construction easement periods identified in the 2020-043 Resolution were insufficient due to Project delays. The terms of the TCEs were extended from 30 months to 55.25 months.

In other words, the term of the temporary construction easements, as amended, is from January 24, 2021 through August 31, 2025, rather than from January 24, 2021 through July 24, 2023. In addition, a portion of the TCE construction area was used exclusively rather than non-exclusively and the City’s contractor used intermittently up to eight parking spaces during the period July 1, 2023 through August 31, 2025, and inadvertently severed the Subject Property’s irrigation system, which was not operable from July 1, 2021 through May 1, 2025. The use of these additional property interests was necessary for the completion of the Project.

4. The Offer of Just Compensation Has Been Made
The City retained the services of Thompson & Thompson Real Estate Valuation and Consulting to conduct an appraisal of the 2020-043 Property Interests, as amended and described herein. On August 18, 2025, and based on the approved Thompson &

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Thompson appraisal prepared by Bradford Thompson, MAI, the City, in accordance with California Government Code Section 7267.2, made an amended offer of just compensation to the Property Owner to purchase the 2020-043 Property Interests, as amended, to include the additional property interests used for the Project as described herein. The offer was sent by overnight mail to the Property Owner with a copy by email and overnight mail to the Property
Owner’s counsel of record as identified in the Action.

The City, through its legal counsel, asked the Property Owner’s counsel to stipulate to the amendment of the eminent domain complaint to include the additional interests.

However, the Property Owner has declined to do so.

FINANCIAL IMPACT:

The Project’s current funding includes funds from State Senate Bill 132 distributed by Riverside County Transportation Commission, local Gas Tax measures, Transportation Development Act funds distributed by the State of California, and Measure A funds. All acquisition activities, including eminent domain, have been planned to be included within available project funds.

ENVIRONMENTAL ANALYSIS:

As a grade separation project, this Project is statutorily exempt under the California Environmental Quality Act.

PREPARED BY: DEAN DERLETH, CITY ATTORNEY/LRM DIRECTOR
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:

1. Exhibit 1 – Adopted Resolution No. 2020-043 (Resolution of Necessity)

2. Exhibit 2 – Proposed Resolution No. 2025-094 (Resolution of Necessity)

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RESOLUTION NO. 2025-094
(AMENDING RESOLUTION NO. 2020-043)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CORONA, CALIFORNIA, DECLARING THAT THE

PUBLIC INTEREST AND NECESSITY REQUIRE THE

ACQUISITION BY EMINENT DOMAIN OF PORTIONS OF
ASSESSOR PARCEL NOS. 172-420-002, 172-420-003, 172-420- 004, & 172-420-005 FOR THE MCKINLEY STREET GRADE

SEPARATION PROJECT
WHEREAS, on June 3, 2020, the City of Corona (the "City") adopted resolution number 2020-043 to acquire partial fee interests and improvements thereon, a permanent non-exclusive ingress and egress easement, and temporary construction easement interests (collectively, the “Property Interests”) in real property located in the City of Corona, California, more particularly described as Assessor Parcel Nos. 172-420-002, 172-420-003, 172-420-004, and 172-420-005 (the “Property”) for the construction and maintenance of the McKinley Street Grade Separation Project (the “Project”), in Corona, California, pursuant to the authority granted to the City by sections 37350 and 37350.5 of the California Government Code; and WHEREAS, on July 24, 2020, the City filed an eminent domain complaint for the acquisition of the Property Interests in the Riverside Superior Court under case number RIC2002846 (the “Eminent Domain Proceeding”); and
WHEREAS, on or about September 18, 2020, the property owner C.P.I. Properties, a limited partnership (“CPI” or “Property Owner”), filed an Answer to the City’s complaint in the Eminent Domain Proceeding, which proceeding is still pending for the determination of the amount of just compensation due to CPI; and
WHEREAS, in the course of construction of the Project, the City used a portion of the Property Interests (referred to as a temporary construction easement, or “TCE”) for a longer period of time than what was anticipated when the June 3, 2020 Resolution 2020-043 was adopted; and WHEREAS, in the course of construction of the Project, the City’s contractor impacted portions of the Property Interests in ways that were not anticipated when Resolution 2020-043 was adopted; and
WHEREAS, on August 18, 2025, the City sent by overnight mail to the owner of record of the subject property with a copy by email and overnight mail to the owner of record’s counsel as identified in the Eminent Domain Proceeding a California Government Code section 7267.2 offer for the acquisition of the Property Interests, as amended to include the extended use of the TCE and the additional property impacts (“Amended Property Interests”); and WHEREAS, the City proposes to amend Resolution No. 2020-043 adopted June 3, 2020, to add to the acquisition identified in the June 3, 2020 Resolution 2020-043 the additional property rights necessary for the Project; and
WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the City scheduled a Public Hearing for Wednesday, September 3, 2025 at 6:30 p.m., at the Corona

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2 City Hall, City Council Chambers, located at 400 South Vicentia Avenue, Corona, California, and gave to the Property Owner at its last verified address and to the Property Owner’s counsel of record as identified in the Eminent Domain Proceeding notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and
WHEREAS, said hearing has been held by the City and each affected property owner was afforded an opportunity to be heard on said matters; and WHEREAS, the City may now adopt an Amended Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:

SECTION 1. Compliance with California Code of Civil Procedure. There has been compliance by the City with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing.

SECTION 2. Public Use. The public use for which the Property Interests, as amended, are to be acquired is for the construction and maintenance of the McKinley Street Grade Separation Project, located on North McKinley Street, south of the State Route 91 east bound on- ramp, in Corona, California. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain property necessary for such purposes.

SECTION 3. Description of Property. Attached and marked as Exhibits "A", "B", "C", "D", and "E", are the descriptions of the Property Interests, as amended, including the general description, legal descriptions and plat maps of the real property to be acquired by the City, which describe the general location and extent of the property with sufficient detail for reasonable identification.

SECTION 4. Findings. The City hereby finds and determines each of the following:

The public interest and necessity require the proposed project; (a) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (b) The property described in Exhibits "A", "B", "C", "D", and "E" is necessary for the proposed project; and
(c) The offer required by section 7267.2 of the California Government Code was made.

SECTION 5. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the real property to be acquired is subject to easements and rights-of-way appropriated to existing

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3 public uses. The legal descriptions of these easements and rights-of-way are on file with the City and describe the general location and extent of the easements and rights- of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the herein described real property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure.

SECTION 6. More Necessary Public Use. Some or all of the real property to be acquired is subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use.

Counsel for the City is authorized to acquire the herein described real property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use.

SECTION 7. Further Activities. Counsel for the City is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith, including but not limited to filing a motion with the court in Eminent Domain Proceeding for leave to amend the complaint to include the modified or added interests as provided by Code of Civil Procedure section 1250.340, subdivision (b). Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transaction required to acquire the subject real property.

SECTION 8. Effective Date. The Mayor shall sign this Resolution, and the City Clerk shall attest thereto, and this Resolution shall take effect and be in force on the date of its adoption.

PASSED, APPROVED AND ADOPTED this __________.
____________________________________
Mayor of the City of Corona, California
ATTEST _______________________________
Clerk of the City of Corona, California

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4 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 3rd day of September, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 3rd day of September, 2025. ____________________________________
City Clerk of the City of Corona, California
[SEAL]
6269698.1

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5 GENERAL DESCRIPTION, LEGAL DESCRIPTION AND PLAT MAP

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EXHIBIT A

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FEE SIMPLE AND ACCESS DENIAL INTERESTS

ATTACHMENT TO LEGAL DESCRIPTION
APN: 172-420-002
PARCEL ID: MSGS-02A

COMMERCIAL PROPERTY
The parcel of land described in Exhibit “A1” is to be acquired as a fee simple interest and used for a public street and incidents and appurtenances thereto by City of Corona, a Municipal Corporation, and its employees, agents, representatives, contractors, successors and assigns (collectively, the “City”) in connection with the construction of the McKinley Grade Separation Project (“Project”). Additionally, acquisition will include the release and relinquishment of any and all abutter’s rights, including access rights, appurtenant to a portion of the adjoining real property in and to the proposed public street. The right acquired is depicted in Exhibit “A2.”

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A.P.N. 172-420-002 SHEET 1 OF 1
1/28/2020

LEGAL DESCRIPTION

FEE INTEREST
That portion of Parcels 1 and 2, in the City of Corona, County of Riverside, State of California, as shown by map on file in Book 42, Page 59 of Record of Survey, Records of Riverside County, more particularly described as follows:

COMMENCING at the intersection of the centerline of McKinley Street (102.00 feet wide) with the centerline of Sampson Avenue (77.50 feet wide);
THENCE northwesterly along said centerline of McKinley Street North 33°36’21” West 235.81 feet; THENCE, perpendicular, North 56°23’39” East 50 feet to a point on the Easterly Line of McKinley Street and the TRUE POINT OF BEGINNING;
THENCE, northwesterly along said Easterly Line of McKinley Avenue, North 33°36’21” West 220.34 feet; THENCE, perpendicular to and leaving said Easterly Line of McKinley Street, North 56°23’39” East 12.07 feet to a point of cusp with a non-tangent curve concave northerly, having a radius of 57.50 feet, the initial radial of which bears South 25°50’53” West;
THENCE, southeasterly along said curve an arc distance of 30.40 feet through a central angle of 30°17’25” to a point of reverse curvature with a curve, concave southwesterly, having a radius of 257.50 feet;
THENCE, southeasterly along said reverse curve, an arc distance of 83.68 feet through a central angel of 18°37’11 to a point at the end of the access denial limits; THENCE, continuing along said curve, an arc distance of 105.75 feet, through a central angle of 23°31’53”, a radial bearing to said point bears North 37°42’31” East; THENCE South 48°18’49” East 10.00 feet to the beginning of a non-tangent curve, concave southwesterly, having a radius of 257.00 feet, the initial radial of which bears North 39°56’00” East; THENCE, southeasterly along said curve 48.29 feet through a central angle of 10°45’56”; THENCE, leaving said curve, South 56°23’39” West 163.82 feet to the TRUE POINT OF BEGINNING; Containing 0.570 square acres, more or less.

These conveyances are made for the purpose of a freeway and adjacent frontage road and the grantor hereby releases and relinquishes to the grantee any and all abutter’s rights including access rights appurtenant to grantor’s remaining property in and to the frontage road over and across 114.08 feet of the northwesterly line of said fee interest parcel, measured along said northwesterly line across courses ‘(3)’ and ‘(4)’ described above, and shown as curves “C1” and “C2” on Exhibit A2.

As shown on plat attached hereto and by this reference made part hereof as Exhibit B2. _________________________
Davis Thresh, P.L.S. No. 6868

_______________________
Dated
EXHIBIT A1

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POC
TPOB
LEGEND

FEE INTEREST
EXHIBIT A2

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FEE INTEREST
EXHIBIT A2

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FEE SIMPLE INTEREST

ATTACHMENT TO LEGAL DESCRIPTION
APN: 172-420-003
PARCEL ID: MSGS-02B

COMMERCIAL PROPERTY
The parcel of land described in Exhibit “B1” is to be acquired as a fee simple interest and used for a public street and incidents and appurtenances thereto by City of Corona, a Municipal Corporation, and its employees, agents, representatives, contractors, successors and assigns (collectively, the “City”) in connection with the construction of the McKinley Grade Separation Project (“Project”). The right acquired is depicted in Exhibit “B2.”

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A.P.N. 172-420-003 SHEET 1 OF 1
1/28/2020
EXHIBIT B1

LEGAL DESCRIPTION

Containing 0.738 square acres, more or less.

As shown on plat attached hereto and by this reference made part hereof as Exhibit B2. _________________________
Davis Thresh, P.L.S. No. 6868

_________________________
Dated

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EXHIBIT B

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PERMANENT INGRESS/EGRESS EASEMENT INTERESTS

ATTACHMENT TO LEGAL DESCRIPTION
APN’S: 172-420-002, 172-420-003, 172-420-004, 172-420-005 PARCEL ID’S: MSGS-02A, MSGS-02B

COMMERCIAL PROPERTY
The construction of the McKinley Grade Separation Project (“Project”) severs existing ingress/egress/access rights associated with the perpetual easement over and across the real property described as Parcel 2 in the Corporation Grant Deed from Harker Development Corporation, a California corporation, to Shell Oil Company, a Delaware corporation, recorded June 8, 1965 as Instrument Number 66080 in the office of the Riverside County Recorder, State of California. The existing perpetual easement as described in said Parcel 2 provides legal access from McKinley Street to the property owner of the real property as described as Parcel 1 in said Instrument Number 66080. The City of Corona, a Municipal Corporation, and its employees, agents, representatives, contractors, successors and assigns (collectively, the “City”) in connection with the Project is acquiring a non-exclusive permanent easement for ingress, egress, and access purposes (“Easement”), over, above, on, within, across, along, about and through the land described in Exhibit “C-1” and depicted in Exhibit “C-2”, in each case, incorporated herein by reference (“Easement Area”).

Within the Easement Area, rights acquired shall include ingress, egress, and access (collectively, “Ingress/Egress Rights”) to the real property as described in the legal description attached hereto as Exhibit “C-3” and depicted or illustrated on the map or drawing attached hereto as Exhibit “C4” and, in each case, incorporated herein by reference (“Ingress/Egress Property”). Ingress/Egress Rights shall include all vehicular and pedestrian ingress, egress, and access necessary for the operation of a gas station, including, but not limited to:
1) Vehicular access for customers and employees;
2) Trucks and delivery vans from vendors, suppliers, and maintenance/repair contractors; and 3) Fuel tanker delivery semi-truck and trailers to supply gasoline and other fuel.

The right of way limits for a future roadway facility to be built as part of the Project is described in Exhibit “C-5” and depicted or illustrated on the map or drawing attached hereto as Exhibit “C6” and, in each case, incorporated herein by reference (“Connector Road”).

Easement Provisions:
 The City expressly reserves the right to convey, transfer or assign the easement rights subject to the same rights and limitations described herein.  This Easement shall be subject to only use of access through, across, over, along and on all legal driveways and points of access from the Connector Road to be built with the Project and any future development, construction, building, installation, location, placement, and repairs to the Connector Road by the property owner, both current and heirs, successors and assigns, of the Easement Area and Ingress/Egress Property.  Not including depreciation caused through normal use of the Easement, the beneficiary of the Easement shall perform all remedies and curative measures, repairing said improvements to existing conditions or better within the Easement Area in a reasonable

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time frame at their expense should they or their employees, agents, and representatives cause damage due to gross negligence or willful misconduct. Said remedies and curative measures shall be performed by the beneficiary of the Easement following all current laws, including securing permits and approvals from appropriate jurisdiction agencies.  The property owner, including its heirs, successors and assigns, of the Easement Area shall maintain a perpetual 24-foot-wide paved access area to the Ingress/Egress Property from the Connector Road. This paved area shall be free and clear of obstructions.  The property owner, including its employees, agents, representatives, contractors, successors and assigns, shall not use this Easement in any manner that would impede, obstruct, or restrict the City’s rights as defined herein, including without limitation, landscaping of the type that would prohibit or restrict reasonable pedestrian and vehicular access.
 This Easement and the rights and obligations therein shall run with the land and accrue to the benefit of and be binding upon and/or inure to the benefit of the City’s and the property owner’s respective heirs, successors and assigns. The Easement granted herein burdens the property owner of the Easement Area, and cannot be transferred separately from, or severed from title to it. No other easement or easements shall be granted on, under or over impairing or restricting the use of the Easement without prior written consent by the beneficiary of this Easement.

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LEGAL DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL A:

THAT PORTION OF PARCELS 1, 2 AND 3, IN THE CITY OF CORONA, COUNTY OF RIVERSIDE, STATE OF ALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 42, PAGE 59 OF RECORD OF

SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 33° 38' 01" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL 3, A DISTANCE OF 171.61 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 56° 23' 39" WEST AND PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 275.43 FEET TO A POINT 5.50 FEET EASTERLY MEASURED AT RIGHT ANGLE TO THE WESTERLY LINE OF SAID PARCEL 3; THENCE SOUTH 33° 36' 21" EAST AND PARALLEL WITH THE CENTERLINE OF MCKINLEY STREET, A DISTANCE OF 256.89 FEET; THENCE SOUTH 67° 53' 59" WEST AND PARALLEL WITH THE CENTERLINE OF SAMPSON AVENUE, A DISTANCE OF 5.61 FEET; THENCE SOUTH 33° 36' 21" EAST, A DISTANCE OF 11.23 FEET TO A POINT ON THE NORTHERLY LINE OF SAMPSON AVENUE, SAID NORTHERLY LINE BEING 47.50 FEET NORTHERLY AND PARALLEL TO THE CENTERLINE OF SAMPSON AVENUE; THENCE SOUTH 67° 53' 59" WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 92.84 FEET; THENCE NORTH 33° 36' 21" WEST AND PARALLEL WITH THE CENTERLINE OF MCKINLEY STREET, A DISTANCE OF 234.76 FEET; THENCE SOUTH 56° 23' 39" WEST AND PARALLEL WITH THE NORTHERLY LINE OF PARCEL 2 OF SAID RECORD OF SURVEY, A DISTANCE OF 183.00 FEET TO A POINT ON THE EASTERLY LINE OF MCKINLEY STREET, SAID EASTERLY LINE BEING 50.00 FEET EASTERLY AND PARALLEL TO THE CENTERLINE OF MCKINLEY STREET; THENCE NORTH 33° 36' 21" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 220.34 FEET TO THE SOUTHWESTERLY CORNER OF THAT

CERTAIN PARCEL OF LAND CONVEYED TO EQUILON ENTERPRISES, LLC BY DEED RECORDED AUGUST 5, 1998 AS INSTRUMENT NO. 325460 RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 56° 23' 39" EAST, ALONG THE SOUTHERLY LINE OF SAID PARCEL CONVEYED TO EQUILON ENTERPRISES, LLC, A DISTANCE OF 135.00 FEET; THENCE NORTH 33° 36' 21"

WEST AND PARALLEL WITH THE CENTERLINE OF MCKINLEY STREET, ALONG THE EASTERLY LINE OF SAID PARCEL CONVEYED TO EQUILON ENTERPRISES, LLC, A DISTANCE OF 202.86 FEET TO A POINT ON THE SOUTHERLY LINE OF STATE HIGHWAY 91; THENCE NORTH 52° 49' 49" EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 203.82 FEET; THENCE NORTH 59° 26' 29" EAST, CONTINUING ALONG SAID SOUTHERLY LINE, A DISTANCE OF 216.58 FEET TO THE NORTHEASTERLY CORNER OF PARCEL 1 OF SAID RECORD OF SURVEY; THENCE SOUTH 33° 38' 01" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL 1, A DISTANCE OF 410.64 FEET TO THE POINT OF BEGINNING.

PARCEL B:

THAT PORTION OF PARCEL 3, IN THE CITY OF CORONA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 42, PAGE 59 OF RECORD OF SURVEY,

RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 33° 38’ 01” EAST, ALONG THE EASTERLY LINE OF SAID PARCEL 3, AS DISTANCE OF 171.61 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 33° 38’ 01” EAST, ALONG THE EASTERLY LINE OF SAID PARCEL 3, A DISTANCE OF 324.22 FEET TO A POINT ON THE NORTH LINE OF SAMPSON EXHIBIT C1

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Page 2 of 2 ends

LEGAL DESCRIPTION
(Continued)
AVENUE, SAID NORTHERLY LINE BEING 47.50 FEET NORTHERLY AND PARALLEL TO THE CENTERLINE OF SAMPSON AVENUE; THENCE SOUTH 67° 53’ 59” WEST, ALONG SAID NORTHERLY LINE A DISTANCE OF 275.85 FEET; THENCE NORTH 22° 06’ 01” WEST, A DISTANCE OF 11.00 FEET; THENCE SOUTH 67° 53’ 59”, A DISTANCE OF 7.63 FEET TO A POINT ON A LINE

5.50 FEET EASTERLY AND PARALLEL WITH THE WESTERLY LINE OF SAID PARCEL 3; THENCE NORTH 33° 36’ 21” WEST AND PARALLEL WITH THE WESTERLY LINE OF SAID PARCEL 3, A DISTANCE OF 256.89 FEET; THENCE NORTH 56° 23’ 39” EAST AND PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 275.43 FEET TO THE POINT OF BEGINNING.

PARCEL C:

THAT PORTION OF PARCELS 1 AND 2 OF A RECORD OF SURVEY, IN THE CITY OF CORONA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 42, PAGE 59 OF RECORD OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF A LINE PARALLEL TO AND 50.00 FEET

NORTHEASTERLY OF THE CENTERLINE OF MCKINLEY STREET WITH A LINE PARALLEL TO AND

47.50 FEET NORTHWESTERLY OF THE CENTERLINE OF SAMPSON AVENUE, AS SAID STREETS ARE SHOWN ON SAID STREETS ARE SHOWN ON SAID RECORD OF SURVEY; THENCE NORTH 33° 36’ 21” WEST, PARALLEL TO SAID CENTERLINE OF MCKINLEY STREET 22.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 33° 36’ 21” WEST, 175.04 FEET; THENCE AT RIGHT ANGLES NORTH 56° 23’ 39” EAST, 183.00 FEET; THENCE SOUTH 33° 36’ 21” EAST, PARALLEL TO SAID CENTERLINE OF MCKINLEY STREET 234.75 FEET TO SAID PARALLEL TO SAMPSON AVENUE; THENCE SOUTH 67° 53’ 59” WEST, 166.74 FEET; THENCE NORTH 70° 09’ 18” WEST, 32.93 FEET TO THE POINT OF BEGINNING;

EXCEPT THEREFROM THE INTEREST CONVEYED TO THE CITY OF CORONA BY DEED RECORDED OCTOBER 30, 1991 AS INSTRUMENT NO. 376420 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

EXHIBIT C1

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POC
TPOB
POC
TPOB
TPOB

INGRESS/EGRESS PROPERTY
EXHIBIT C2

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LEGEND

INGRESS/EGRESS PROPERTY
EXHIBIT C2

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LEGAL DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL 1:

THAT PORTION OF PARCEL 1, IN THE CITY OF CORONA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 42, PAGE 59 OF RECORDS OF SURVEY, RIVERSIDE COUNTY RECORDS, DESCRIBED AS FOLLOWS:

COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY EXTENSION OF THE NORTHWESTERLY LINE OF PARCEL 3, SHOWN ON SAID RECORD OF SURVEY, WITH THE NORTHEASTERLY LINE OF MCKINLEY STREET, 60 FEET WIDE, AS SHOWN THEREON; THENCE NORTH 33° 36' 21" WEST, 35 FEET ON SAID NORTHEASTERLY LINE OF MCKINLEY STREET; THENCE NORTH 56° 23' 39" EAST, 20 FEET TO THE POINT OF BEGINNING; THENCE NORTH 33° 36' 21" WEST, 173.76 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 75 FEET; THENCE NORTHERLY ON THE ARC OF SAID CURVE FROM A TANGENT BEARING NORTH 09° 13' 40" EAST, THROUGH A CENTRAL ANGLE OF 43° 35' 54" AND ARC DISTANCE OF 57.07 FEET; THENCE NORTH 52° 49' 34" EAST, 84.83 FEET; THENCE SOUTH 33° 36' 21" EAST, 202.90 FEET TO A POINT LOCATED NORTH 33° 36' 21" WEST, 35 FEET FROM THE SOUTHWESTERLY EXTENSION OF THE NORTHWESTERLY LINE OF PARCEL 3, SHOWN ON SAID RECORD OF SURVEY; THENCE SOUTH 56° 23' 39" WEST, 135 FEET ON A LINE PARALLEL WITH AND 35 FEET NORTHWESTERLY OF SAID EXTENSION TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM ANY OIL, GAS, AND OTHER MINERALS (INCLUDING, WITHOUT

LIMITATION, HELIUM, LIGNITE, SULFUR, PHOSPHATE AND OTHER SOLID, LIQUID AND GASEOUS

SUBSTANCES), REGARDLESS OF THE NATURE THEREOF AND WHETHER SIMILAR OR

DISSIMILAR BUT ONLY TO THE EXTENT ANY OF THE FOREGOING IS IN ITS NATURAL STATE

AND NATURAL LOCATION AND NOT SUBJECT TO THE DOMINION AND CONTROL OF ANY PERSON, AND, UPON THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO GRANTEE, THE RIGHT TO

EXPLORE FOR, DEVELOP AND PRODUCE SAME, AS WELL AS THE RIGHT TO LEASE SUCH

PORTION OF THE PROPERTY HEREBY RESERVED FOR SUCH PURPOSES, AND ALL MINERAL AND ROYALTY RIGHTS WHATSOEVER IN, ON, UNDER AND PERTAINING TO THE PROPERTY;

BUT GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL HAVE NO RIGHT TO USE, OR RIGHT OF

INGRESS TO OR EGRESS FROM ANY PART OF THE SURFACE OF THE PROPERTY FOR

EXPLORATION AND PRODUCING PURPOSES, EXCEPT WITH RESPECT TO (I) CURRENT

ACTIVITIES AT AND ANY EXISTING CONTRACTUAL OR LEASEHOLD RIGHTS GRANTED TO THIRD

PARTIES AND (II) ANY ADDITIONAL ACTIVITIES WHICH HAVE BEEN CONSENTED TO IN WRITING

BY GRANTEE, WHOSE CONSENT SHALL NOT BE UNREASONABLY WITHHELD, AS RESERVED BY DEED RECORDED JUNE 25, 2004 AS INSTRUMENT NO. 2004-0493473 OF OFFICIAL RECORDS.

PARCEL 2:

A PERPETUAL EASEMENT OVER AND ACROSS THE FOLLOWING DESCRIBED LAND ADJOINING THE PREMISES ON THE SOUTHEAST:

THAT PORTION OF PARCEL 1, SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 42, PAGE 59, RECORDS OF SURVEY, RIVERSIDE COUNTY RECORDS, DESCRIBED AS FOLLOWS:

EXHIBIT C3

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LEGAL DESCRIPTION
(Continued)
THE NORTHEASTERLY 135 FEET OF THE SOUTHWESTERLY 155 FEET OF THE SOUTHEASTERLY 35 FEET OF THAT PORTION OF PARCEL 1 SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 42, PAGE 59, RECORDS OF SURVEY, RIVERSIDE COUNTY RECORDS, LYING NORTHWESTERLY OF THE SOUTHWESTERLY EXTENSION OF THE NORTHWESTERLY LINE OF PARCEL 3 AS SHOWN ON SAID RECORD OF SURVEY.

TO BE USED IN COMMON WITH GRANTOR AND FOR INGRESS AND EGRESS TO AND FROM THE

PREMISES BY SHELL AND ITS SUBLESSEES AND ITS OR THEIR LICENSEES AND INVITEES WITH

THE RIGHT IN SHELL TO INSTALL DRIVEWAYS, AREA LIGHTERS, PAVE THE EASEMENT AREA

FOR DRIVEWAY PURPOSES, INSTALL ANY NECESSARY DRAINAGE STRUCTURE TO DRAIN SAID

EASEMENT AREA AND NEITHER GRANTOR NOR SHELL EVER TO CAUSE OR PERMIT ANY OBSTRUCTION OF THE EASEMENT AREA OR ACCESS THERETO.

EXHIBIT C3

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EXHIBIT C4

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LEGAL DESCRIPTION
That portion of Parcels 1 and 2, in the City of Corona, County of Riverside, State of California, as shown by map on file in Book 42, Page 59 of Record of Survey, Records of Riverside County, more particularly described as follows:

COMMENCING at the intersection of the centerline of McKinley Street (102.00 feet wide) with the centerline of Sampson Avenue (77.50 feet wide);
THENCE northwesterly along said centerline of McKinley Street North 33°36’21” West 235.81 feet; THENCE, perpendicular, North 56°23’39” East 50 feet to a point on the Easterly Line of McKinley Street and the TRUE POINT OF BEGINNING;
THENCE, northwesterly along said Easterly Line of McKinley Avenue, North 33°36’21” West 220.34 feet; THENCE, perpendicular to and leaving said Easterly Line of McKinley Street, North 56°23’39” East 12.07 feet to a point of cusp with a non-tangent curve concave northerly, having a radius of 57.50 feet, the initial radial of which bears South 25°50’53” West;
THENCE, southeasterly along said curve an arc distance of 30.40 feet through a central angle of 30°17’25” to a point of reverse curvature with a curve, concave southwesterly, having a radius of 257.50 feet;
THENCE, southeasterly along said reverse curve, an arc distance of 189.44 feet through a central angel of 42°09’04”;
THENCE South 48°18’49” East 10.00 feet to the beginning of a non-tangent curve, concave southwesterly, having a radius of 257.00 feet, the initial radial of which bears North 39°56’00” East; THENCE, southeasterly along said curve 48.29 feet through a central angle of 10°45’56”; THENCE continuing southeasterly along said curve an arc distance of 77.23 feet through an arc angle of 17°13’01”;
THENCE, perpendicular to the Northerly Line of Sampson Avenue, South 22°06’01” East 120.58 feet; THENCE South 42°17’58” East 2.73 feet to the beginning of a non-tangent curve, concave northerly, having a radius of 27.00 feet, a radial bearing to said point bears South 67°54’19” West; THENCE, southerly and easterly along said curve an arc distance of 42.41 feet through a central angle of 90°00’00” to a point on the Northerly Line of Sampson Avenue; THENCE South 67°53’59” West 140.55 feet along said Northerly Line; THENCE North 70°09’18” West 32.93 feet to a point on the Easterly Line of McKinley Street; THENCE, northwesterly along said Easterly Line, North 33°36’21” West 175.04 feet to the TRUE POINT OF BEGINNING.

EXHIBIT C5

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1/28/2020

LEGAL DESCRIPTION
(Continued)
Containing 1.308 square acres, more or less.

As shown on plat attached hereto and by this reference made part hereof as Exhibit D6. _________________________
Davis Thresh, P.L.S. No. 6868

__________________
Dated
EXHIBIT C5

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POC
TPOB
LEGEND

CONNECTOR ROAD
EXHIBIT C6

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CONNECTOR ROAD
EXHIBIT C6

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EXHIBIT C

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TEMPORARY CONSTRUCTION EASEMENT

ATTACHMENT TO LEGAL DESCRIPTION
APN: 172-420-002
PARCEL ID: MSGS-02A

COMMERCIAL PROPERTY
The parcel of land described in Exhibit “D1” is to be used for temporary construction purposes by City of Corona, a Municipal Corporation, and its employees, agents, representatives, contractors, successors and assigns (collectively, the “City”) in connection with the construction of the McKinley Grade Separation Project (“Project”). The right of usage acquired for the non-exclusive temporary construction easement parcel described in Exhibit “D1” and depicted in Exhibit “D2” (“TCE”) attached hereto shall be for a period starting on January 24th, 2021 and end August 31, 2025 (“Term”). A portion of the temporary construction easement shall be exclusive throughout the Term and is depicted as General Exclusive Use Area in Exhibit “D3” (“TCE Exclusive Use Area”) attached hereto, unless explicitly mentioned in this cover letter all other portions of the temporary construction easement are non-exclusive use.

The City expressly reserves the right to convey, transfer or assign the TCE subject to the same rights and limitations described herein.

Work Description / Easement Provisions:
 The City’s work activities shall include:
o Removal of asphalt, concrete curbs, landscaping, and other features as required for the Project.
o Establish a staging area to construct a bridge.
o Construct sidewalks, curbs, gutters, retaining walls for a new connector road from Sampson Avenue to McKinley Street.
o Reconfigure a portion of the parking lot adjacent to the new connector road. o Remove the driveway between the existing strip mall and Outback Steakhouse. o Minor re-grading of the parking lot area adjacent to new driveways along the new connector road.
o Construct drainage improvements including storm drain pipes, inlets, and grates necessary to drain parking areas/drive aisles adjacent to the new connector road.  Thirty-seven (37) total parking stalls immediately adjacent to the strip mall will be temporarily impacted during the Construction Period of the adjacent driveway and grading/drainage improvements. Construction will be phased to minimize this short-term loss of parking stalls. A minimum of 18 parking stalls in this area will be maintained at all times with sufficient access from either the new connector road or Sampson Avenue, and not more than 19 stalls will be out of service/inaccessible for each phase of this parking area construction. Each phase will occur for five (5) consecutive calendar days with both phases running consecutively for no more than ten (10) consecutive calendar days total to complete all drive aisle/parking reconfiguration by the City. During each five (5) consecutive calendar days periods, the use shall be exclusive. This area is depicted as Parking Exclusive Use Area in Exhibit “E3” attached hereto.

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 Parking areas/drive aisles west of the drive aisle immediately adjacent to the strip mall will be fenced off and inaccessible during the Term. Other than noted immediately above, the City shall maintain access to the drive aisle and parking immediately adjacent to the strip mall from Sampson Avenue or the new connector road during construction of the Project.  Between December 15, 2024 and July 15, 2025, northbound traffic along McKinley Street cannot access the subject property without using Project construction detour routes from McKinley Street to either Buchannon Street or Promenade Avenue then Sampson Avenue. Additionally, during this term traffic generated from the subject property cannot access McKinley Street without using Project construction detour routes from Sampson Avenue to Buchannon Street, Magnolia Avenue or Promenade Avenue then McKinley Street.
 The City shall maintain all existing drainage patterns during construction, including installation of temporary drainage facilities as necessary, such that drainage is not impeded on property or right of way.
 Reasonable pedestrian and vehicular access to the property shall be maintained.  Improvements within the TCE area will be removed as needed by the City to allow for construction activities. Any improvements so removed will either be replaced in kind or included in the compensation paid by the City.
 Prior to the termination of the Construction Period, the City will remove from the TCE area all construction equipment including any temporary fence, temporary improvements, and all construction related debris.

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A.P.N. 172-420-003 SHEET 1 OF 1
1/28/2020

LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT
That portion of Parcels 1 and 2, in the City of Corona, County of Riverside, State of California, as shown by map on file in Book 42, Page 59 of Record of Survey, Records of Riverside County, more particularly described as follows:

COMMENCING at the intersection of the centerline of McKinley Street (102.00 feet wide) with the centerline of Sampson Avenue (77.50 feet wide);
THENCE northwesterly along said centerline of McKinley Street North 33°36’21” West 235.81 feet; THENCE perpendicular North 56°23’39” East 50 feet to a point on the Easterly Line of McKinley Street; THENCE continuing North 56°23’39” East 163.84 feet to the TRUE POINT OF BEGINNING, THENCE continuing North 56°23’39” East 19.18 feet;
THENCE South 33°36’21” East 234.76 feet to a point on the Northerly Line of Sampson Avenue; THENCE North 67°53’59” East 27.55 feet along said Northerly Line; THENCE North 33°36’21” West 43.64 feet;
THENCE South 56°23’39” West 20.22 feet;
THENCE North 33°36’21” West 397.94 feet;
THENCE South 56°23’39” West 19.97 feet;
THENCE North 33°36’21” West 19.01 feet;
THENCE South 56°23’39” West 157.74 feet to a point of cusp with a non-tangent curve concave northerly, having a radius of 57.50 feet, the initial radial of which bears South 25°50’53” West; THENCE, southeasterly along said curve an arc distance of 30.40 feet through a central angle of 30°17’25” to a point of reverse curvature with a curve, concave southwesterly, having a radius of 257.50 feet; THENCE, southeasterly along said reverse curve, an arc distance of 189.44 feet through a central angel of 42°09’04”, a radial to said point bears North 37°42’31” East; THENCE South 48°18’49” East 10.00 feet to the beginning of a non-tangent curve, concave southwesterly, having a radius of 257.00 feet, the initial radial of which bears North 39°56’00” East; THENCE, southeasterly along said curve 48.29 feet through a central angle of 10°45’56” to the TRUE POINT OF BEGINNING;
Containing 0.437 square acres, more or less.

As shown on plat attached hereto and by this reference made part hereof as Exhibit C2. _________________________
Davis Thresh, P.L.S. No. 6868

_______________________
Dated
EXHIBIT D1

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LEGEND
POC
TPOB

TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT D2

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TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT D2

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EXHIBIT D3
TCE EXCLUSIVE USE AREA Page 240 of 289

TEMPORARY CONSTRUCTION EASEMENT

ATTACHMENT TO LEGAL DESCRIPTION
APN: 172-420-003
PARCEL ID: MSGS-02B

COMMERCIAL PROPERTY
The parcel of land described in Exhibit “E1” is to be used for temporary construction purposes by City of Corona, a Municipal Corporation, and its employees, agents, representatives, contractors, successors and assigns (collectively, the “City”) in connection with the construction of the McKinley Grade Separation Project (“Project”). The right of usage acquired for the temporary construction easement parcel described in Exhibit “E1” and depicted in Exhibit “E2” (“TCE”) attached hereto shall be for a period starting on January 24th, 2021 and end August 31, 2025 (“Term”). A portion of the temporary construction easement shall be exclusive throughout the Term and is depicted as General Exclusive Use Area in Exhibit “E3” (“TCE Exclusive Use Area”) attached hereto, unless explicitly mentioned in this cover letter all other portions of the temporary construction easement are non-exclusive use.

The City expressly reserves the right to convey, transfer or assign the TCE subject to the same rights and limitations described herein.

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A.P.N. 172-420-003 SHEET 1 OF 1
1/28/2020

LEGAL DESCRIPTION

Containing 0.165 square acres, more or less.

As shown on plat attached hereto and by this reference made part hereof as Exhibit C2. _________________________
Davis Thresh, P.L.S. No. 6868

_______________________
Dated
EXHIBIT E1

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EXHIBIT E2

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EXHIBIT E3
TCE EXCLUSIVE USE AREA Page 245 of 289

EXHIBIT D

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INTERMITTENT PARKING AREA INTERESTS

ATTACHMENT TO LEGAL DESCRIPTION
APN’S: 172-420-002, 172-420-003, 172-420-004, 172-420-005 PARCEL ID’S: MSGS-02A, MSGS-02B

COMMERCIAL PROPERTY
During the construction of the McKinley Grade Separation Project (“Project”), parking outside of existing temporary construction or fee acquisition interests acquired by the City from the subject property owner for the Project will occur within a portion of the land described in Exhibit “F-1” and depicted in Exhibit “F-2”, in each case, incorporated herein by reference (“Intermittent Parking Area Property”). The specific location of where parking occurred within the Intermittent Parking Area Property is depicted in Exhibit “F-3” (“Intermittent Parking Area”). Parking within the Intermittent Parking Area commenced on July 1, 2023 and ended August 31, 2025 (“Intermittent Parking Area Term”). The City and or assigns, successors, contractors, and other Project personnel occupied no more than eight (8) parking stalls of the fifty-nine (59) parking stalls within the Intermittent Parking Area throughout the Intermittent Parking Area Term.

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LEGAL DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL A:

THAT PORTION OF PARCELS 1, 2 AND 3, IN THE CITY OF CORONA, COUNTY OF RIVERSIDE, STATE OF ALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 42, PAGE 59 OF RECORD OF

SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL B:

THAT PORTION OF PARCEL 3, IN THE CITY OF CORONA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 42, PAGE 59 OF RECORD OF SURVEY,

RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

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PARCEL C:

COMMENCING AT THE INTERSECTION OF A LINE PARALLEL TO AND 50.00 FEET

NORTHEASTERLY OF THE CENTERLINE OF MCKINLEY STREET WITH A LINE PARALLEL TO AND

EXCEPT THEREFROM THE INTEREST CONVEYED TO THE CITY OF CORONA BY DEED RECORDED OCTOBER 30, 1991 AS INSTRUMENT NO. 376420 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

EXHIBIT F1

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POC
TPOB
POC
TPOB
TPOB
EXHIBIT F2

INTERMITTENT PARKING

AREA PROPERTY

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LEGEND
EXHIBIT F2

INTERMITTENT PARKING

AREA PROPERTY

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EXHIBIT F3
INTERMITTENT PARKING AREA 59 Page 252 of 289

EXHIBIT E

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IMPAIRED IRRIGATION AREA INTERESTS

ATTACHMENT TO LEGAL DESCRIPTION
APN’S: 172-420-002, 172-420-003, 172-420-004, 172-420-005 PARCEL ID’S: MSGS-02A, MSGS-02B

COMMERCIAL PROPERTY
The construction of the McKinley Grade Separation Project (“Project”) severs an existing irrigation system within a portion of the land described in Exhibit “G-1” and depicted in Exhibit “G-2”, in each case, incorporated herein by reference (“Impaired Irrigation Area Property”). The existing irrigation system was severed as of July 1, 2021 inadvertently during demolition of existing buildings within new fee area acquired by the City from the subject property for the Project in conflict with Project improvements, and was restored fully operational as of May 1, 2025 (“Impaired Irrigation Area Term”). The area impaired by the severed irrigation line is depicted in Exhibit “G-3” (“Impaired Irrigation Area”), the City will compensate the owner for market value to replace existing planting damaged within the Impaired Irrigation Area as a result of the severed irrigation system throughout the Impaired Irrigation Term.

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LEGAL DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL A:

THAT PORTION OF PARCELS 1, 2 AND 3, IN THE CITY OF CORONA, COUNTY OF RIVERSIDE, STATE OF ALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 42, PAGE 59 OF RECORD OF

SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL B:

THAT PORTION OF PARCEL 3, IN THE CITY OF CORONA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 42, PAGE 59 OF RECORD OF SURVEY,

RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

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PARCEL C:

COMMENCING AT THE INTERSECTION OF A LINE PARALLEL TO AND 50.00 FEET

NORTHEASTERLY OF THE CENTERLINE OF MCKINLEY STREET WITH A LINE PARALLEL TO AND

EXCEPT THEREFROM THE INTEREST CONVEYED TO THE CITY OF CORONA BY DEED RECORDED OCTOBER 30, 1991 AS INSTRUMENT NO. 376420 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

EXHIBIT G1

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POC
TPOB
POC
TPOB
TPOB
EXHIBIT G2
IMPAIRED IRRIGATION AREA PROPERTY Page 257 of 289
LEGEND
EXHIBIT G2
IMPAIRED IRRIGATION AREA PROPERTY Page 258 of 289
EXHIBIT G3
IMPAIRED IRRIGATION AREA Page 259 of 289
Michael H. Leifer
Direct Dial: (949) 851-7294
E-mail: [email protected]
File No.: -
August 29, 2025
3 Park Plaza, Suite 1950, Irvine, CA 92614-2518
(949) 851-7388 | www.palmierilawgroup.com
VIA E-MAIL & U.S. MAIL
City Clerk
Corona City Hall
City Council Chambers
400 South Vicentia Avenue,
Corona, CA 92882
[email protected]
[email protected]
Re: Resolution of Necessity Hearing Re: 151-195 N McKinley Street and 2275 Sampson Avenue, Corona, CA 92879
McKinley Street Grade Separation Project
APNs 172-420-002, 003, 004, & 005(Partial)
To Whom It May Concern:

This firm represents CPI Properties, owners of the above-referenced properties. The purpose of this letter is to notify the City of Corona that the property owners intend to appear and be heard at the Resolution of Necessity hearing scheduled for September 3, 2025.

Very truly yours,
Michael H. Leifer
MHL:mp
cc: VIA EMAIL
David W. Skinner - [email protected]
Elizabeth Valadez - [email protected]
Kristof D. Szoke - [email protected]

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Michael I. Kehoe
Direct Dial: (949) 851-7279
E-mail: [email protected]
File No.: -
September 3, 2025
3 Park Plaza, Suite 1950, Irvine, CA 92614-2518
(949) 851-7388 | www.palmierilawgroup.com

VIA E-MAIL
City of Corona City Council
c/o City Clerk
Corona City Hall
City Council Chambers
400 South Vicentia Avenue
Corona, CA 92882
[email protected]
[email protected]
Re: Resolution of Necessity Hearing Re: 151-195 N McKinley Street and 2275 Sampson Avenue, Corona, CA 92879
McKinley Street Grade Separation Project
APNs 172-420-002, 003, 004, & 005(Partial)
Dear Honorable Mayor and City Councilmembers:

This firm represents CPI Properties (“CPI”), the fee owners of the above-referenced properties. CPI objects to the City’s proposed adoption of the “amended” Resolution of Necessity 2025-094.

The City has already taken property rights that were not authorized in the 2020 Resolution of Necessity which is the subject of CPI’s Inverse Condemnation CrossComplaint.

More than five years after adopting the 2020 Resolution of Necessity, the City is attempting a re-do. The Staff Report prepared for this September 3, 2025 hearing claims that the “amended Resolution of Necessity (Reso 2025-094) would allow the City to take the necessary steps to file a First Amended Complaint in Eminent Domain, prior to the currently scheduled October 31, 2025 trial date, and thereafter take steps to compensate the interested parties for the extended and modified interests.”
CPI has already filed an inverse condemnation cross-complaint that is at issue for the October 31, 2025 trial. The cross-complaint was filed because the City violated the time, scope and spatial restrictions the City set for itself in the 2020 Resolution of Necessity.

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City of Corona City Council
September 3, 2025

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The City’s direct eminent domain case was filed after the City’s adoption of the 2020 Resolution of Necessity. In the 2020 Resolution of Necessity, the City limited its rights to use the CPI Property. The City took certain rights that were limited in time, scope and space.

For example, the City’s temporary construction easements that were authorized by the 2020 Resolution of Necessity were limited in time and scope—“non-exclusive temporary construction easement…for a period of thirty (30) consecutive months…” Within that period, the 2020 Resolution of Necessity claimed “the actual physical construction activities within the TCE area shall be limited to a period of six (6) consecutive months” and that “the City’s use and occupancy” during that period “will remain non-exclusive.” It was also limited to a physical space on the CPI Property.

In fact, the City far exceeded the thirty (30) month and six (6) month time estimates. The City also used the temporary construction easement areas exclusively. The City also used and occupied areas of the subject property outside of the spatial limits of the temporary construction easement area. The City’s use and occupancy of the CPI Property outside of the authorized time, scope and space of the temporary construction easements is part of CPI’s inverse condemnation cross-complaint.

The City had years to fix its resolution of necessity. The City did not do so. Instead, the City simply authorized its contractor to fence the “non-exclusive” temporary construction easement area making it “exclusive.” The City allowed the use and occupancy of the temporary construction easement after the authorized temporal limits. The City allowed use and occupancy of the CPI Property outside of the designated TCE area. The City did all of that without attempting to adopt a new resolution of necessity.

Now, the City’s new eminent domain counsel seeks to retroactively authorize a taking of the property rights that were not authorized in 2020 but were used anyway. The rights that the City is now claiming to “approve” or authorize by this new resolution of necessity have already been taken. The taking has occurred and/or is continuing to occur. This is simply improper litigation maneuvering.

Moreover, as CPI has informed the City’s eminent domain counsel, while the City is admitting that it has used the CPI Property outside of the time, scope and space authorized in the 2020 Resolution of Necessity, CPI contends that the City’s unauthorized use and occupancy of the CPI Property is more than what is stated in the proposed new Resolution 2025-094. The scope of the takings in Resolution 2025-094 are incorrect—they are wrong on the areas used and occupied, the time of the use and occupancy and the scope.

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City of Corona City Council
September 3, 2025

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The City is simply attempting to retroactively authorize what it should have authorized in 2020. At a minimum, the City improperly waited five years after the 2020 Resolution of Necessity to attempt to “amend” or adopt a new resolution of necessity. No explanation is provided for the City’s delay. Nor is there any explanation why, after CPI filed its crosscomplaint in October 2024, the City has waited nearly a year to seek to adopt this “amended” “new” resolution of necessity less than two-months before trial. The City’s Staff Report admits that “The City should formally amend its resolution of necessity well in advance of the October 31, 2025 trial date in this case”—yet the City has unjustifiably waited years, forced CPI to file and litigate its inverse cross-complaint, and now, shortly before trial seeks to “amend” and adopt a “new” resolution of necessity.

As a condition precedent to the exercise of the power of eminent domain, a public entity must hold a public hearing to determine whether a particular taking meets the three public interest and necessity criteria articulated in Code of Civil Procedure Section 1240.030. (Code Civ. Proc., § 1245.235.) Those three necessity findings are: (a) that the public interest and necessity require the project; (b) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and (c) that the property sought to be acquired is necessary for the project. If, after such public hearing, the public entity determines that the proposed taking meets that criteria, then it must adopt a resolution of necessity before proceeding to condemn. (Code Civ. Proc., §§1240.040, 1245.220.) The resolution of necessity is a fundamental predicate to providing due process to the property owner. (City of Stockton v. Marina Towers LLC (2009) 171 Cal.App.4th 93, 108-109.) Implicit in this requirement of a hearing and the adoption of a resolution of necessity is the concept that, in arriving at its decision to take, the public entity engages in a good faith and judicious consideration of the pros and cons of the issue and that the decision to take be buttressed by substantial evidence of the existence of the three basic requirements set forth in Code of Civil Procedure Section 1240.030. (Redevelopment Agency v. Norm’s Slauson (1985) 173 Cal.App.3d 1121, 1125-1126.)
Here, the City’s attempt to adopt a resolution of necessity cannot undo the fact that the takings have already occurred and CPI has already suffered inverse condemnation. The City is proceeding under the pretense that if the City Council rejected the adoption of the resolution of necessity that there would be no taking. However, as explained above, the unauthorized taking has already occurred.

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City of Corona City Council
September 3, 2025

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The City’s alleged “offer” pursuant to Government Code 7267.2 is invalid as it is based on a date of value more than five years ago.

The offer is based on an old, stale date of value and a vague statement of valuation data.

The Government Code Section 7267.2 offer requirement is not subject to Code of Civil Procedure Section 1240.030—thus CPI is not legally required to raise such an objection prior to the City’s adoption of the “amended” “new” resolution of necessity. Even so, the City’s offer is improper and does not comply with Government Code Section 7267.2. The proffered offer is invalid.

CPI asserts that the offer made was not based on a valid and approved appraisal by the City Council. Making a valid precondemnation offer is a mandatory prerequisite to condemnation. (Gov. Code §7267.2; City of San Jose v. Great Oaks Water Co. (1987) 192 Cal.App.3d 1005,1011.) Government Code Section 7267.2 provides that “Prior to adopting a resolution of necessity . . . the public entity shall establish an amount it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established . . .” (Gov. Code §7267.2, subd. (a)(1).) The Government Code, of course, directs that the appraisal and offer shall be based on the principles of just compensation. (Gov. Code §7267.2, subds. (a) and (b).) Here, the offer is invalid because it is outdated and based on a 2020 date of value. Public agencies seeking to utilize eminent domain are required to use every effort to acquire property expeditiously by negotiation. (Gov. Code, §§ 7267.1, 7267.2, 7267.5; 25 CCR 6182.) The California Code of Regulations instructs that “if a significant delay has occurred since the determination of just compensation, the public entity shall have its appraisal updated. If a modification in the public entity’s determination of just compensation is warranted, an appropriate price adjustment shall be made and the new amount determined to be just compensation shall be promptly offered in writing to the owner.” (25 CCR 6182, subd. (i)(2).) The City’s “offer” which adds the “amended” “new” takings is based on a 2020 date of value—the offer letter is dated August 18, 2025. The market data relied upon by the appraiser dates back to 2018. So, the City is improperly attempting to rely on an offer made in 2025 utilizing an appraisal with a 2020 date of value which used 2018 market data that is seven years old. The City’s offer is invalid and violates the Government Code and principles of just compensation.

The offer is also invalid and improper as the rights being appraised, as stated in the Statement of Valuation Data, appear to be different from the property rights retroactively sought to be taken in the “amended” “new” resolution of necessity.

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City of Corona City Council
September 3, 2025

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There is also no evidence of the City Council reviewed and approved the appraisal that was the basis of the precondemnation offer as required by Government Code 7267.2. The City, thus, has not made valid precondemnation offer.

Conclusion.

As the California Supreme Court has held, the City and its counsel are charged under the law “to seek justice and to develop a full and fair record.” (City of Los Angeles v. Decker (1977) 18 Cal.3d 860, 871.) The Supreme Court has made clear that the City and its counsel are prohibited from using the power of eminent domain and “the economic power of the government to harass parties or to bring about unjust settlements or results.” (Ibid.; see also, Gov. Code § 7260, et seq. [City obligated to act in good faith and not take coercive action].) To the contrary, “[t]he condemnor acts in a quasi-judicial capacity and should be encouraged to exercise his tremendous power fairly, equitably and with a deep understanding of the theory and practice of just compensation.” (Ibid.)
The City has not treated CPI fairly in the handling of the pending condemnation proceeding. The eminent domain case has been pending for over five years. The City knew that it was exceeding the authorized rights taken in the 2020 resolution of necessity and did nothing to address that situation until nearly one year after CPI filed its Cross-Complaint. The City’s actions appear to be an attempt to litigate in order to coerce settlement and to avoid compensating fairly. The City is abusing its tremendous condemnation and economic power which the Supreme Court forcefully held to be improper. CPI objects to the City’s improper conduct.

Very truly yours,
Michael I. Kehoe
MK:ebn
cc: VIA EMAIL
David W. Skinner - [email protected]
Elizabeth Valadez - [email protected]
Kristof D. Szoke - [email protected]

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DATE: 09/03/2025
TO: Honorable Mayor and City Council Members
FROM: Police Department
2025-348

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

COUNCIL REQUESTED UPDATE TO FIRST AMENDED AND RESTATED SCHOOL

RESOURCE OFFICER AGREEMENT WITH CORONA NORCO UNIFIED SCHOOL

DISTRICT
EXECUTIVE SUMMARY:

This staff report provides an update to Council regarding questions of inequity amongst the law enforcement school resource officer agreements and the Corona Norco Unified School District (CNUSD). On June 4, 2025, Council approved the amended school resource officer agreement (Agenda Item 2025-184) with a caveat that the termination clause may be utilized dependent upon CNUSD’s justification for the apparent disparity of various school resource salary agreements with local law enforcement agencies.

RECOMMENDED ACTION:

That the City Council discuss the explanations provided by the school district and determine if the contract should continue.

BACKGROUND & HISTORY:

On June 4, 2025, staff presented an amended agreement with CNUSD that would extend the presence of four high school resource officers and one intermediate school resource officer until 2030. This amended agreement would continue CNUSD’s current financial commitment through financial year 2026, but in financial year 2027 and beyond, CNUSD

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would increase the shared cost for a police officer according to the Police Employees Association memorandum of understanding (MOU), with overtime capped at $84,000 (increasing 5% annually), and motor pool costs capped at $30,000 per vehicle. Please refer to Exhibit 2 of this report, Agenda Item 2025-184, for the complete financial impact.

During the Council discussion of this agreement, Council Member Daddario questioned why CNUSD pays only 50% to the City of Corona for school resource officer service, while the district paid 100% for deputy services at Norco High School and paid 100% for one deputy and 50% for another assigned to Eleanor Roosevelt High School. Council Member Richins motioned to approve the MOU as presented but directed staff to research the disparities and report back to Council for further action.

ANALYSIS:

On June 18, 2025, police department staff met with CNUSD to discuss the matter.

CNUSD understood the Councils’ concerns and agreed to start discussions with the Cities of Eastvale and Norco to evaluate their MOU’s for contracted school resource officers and special events.

On August 18, 2025, Chief Newman met with Superintendent Gadelmawla and learned the CNUSD pays 100% of the SRO cost at Norco High School; approximately $121,000 annually. However, the CNUSD District Office building is leased from the City of Norco at no cost. Roosevelt High School has two SROs, and the CNUSD pays the City of Eastvale 50% for the first deputy, and 100% of the costs for the second deputy with an approximate cost of $181,500 annually.

The CNUSD will pay the City of Corona $520,000 annually, or $104,000 each for the five SROs in Corona schools. Additionally, on September 17, 2025, staff will present to Council a Special Event MOU, which will require that CNUSD reimburse the City of Corona 100% of actual costs for sporting events, graduation, and other school-related activities where the CNUSD requests police presence. CNUSD currently reimburses 50% for officer services at such events. This new MOU will generate an estimated annual revenue of $140,000.

FINANCIAL IMPACT:

There is no financial impact associated with the recommended action.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CQEA if the activity is covered by the commonsense exemption that CEQA applies only to projects that 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. This action of a canine purchase and Records Technician overtime is minimal, and there is no possibility this will have a significant effect on the environment. Therefore, no environmental analysis is required.

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PREPARED BY: JASON PEREZ, LIEUTENANT
REVIEWED BY: ROBERT NEWMAN, CHIEF OF POLICE
ATTACHMENTS:

1. Exhibit 1 – PowerPoint Presentation

2. Exhibit 2 – Agenda Item 2025-184

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Robert Newman
Chief of Police

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On June 4, 2025, the SRO MOU with CNUSD was presented for council approval. The MOU renewal provides for:
- Annual increases to match compensation raises,
- Increases overtime reimbursement,
- Increases vehicle motor pool contributions by CNUSD beginning FY27, and - Continued 50/50 cost sharing for SROs.

Due to concerns about other cities having better cost sharing agreements with CNUSD, council asked that staff research and report back to Council with further information.

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• CNUSD covers 100% of one RSO Deputy valued at approx. $121,000 annually • CNUSD headquarters building rental covered by City of Norco 
• CNUSD covers 50% of one RSO Deputy at Roosevelt valued at approx. $60,500 annually • CNUSD covers 100% for a second SRO due to high population of STEM valued at approx. $121,000 annually

2 • CNUSD covers 50% for each officer valued at approx. $520,000 annually, or $104,000 per officer • CPD billable rate is nearly twice that of an RSO Deputy 

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CNUSD SRO Discussion
• MOU now includes annual increases to match compensation raises, increases overtime reimbursement, and increases vehicle motor pool contributions by CNUSD beginning FY27.
• CPD created a special event reimbursement MOU which increases the billable rate from 50% to 100%. (i.e. sporting events, graduation, etc.) This will generate approx. $140,000 in additional recurring revenue.

Council review scheduled for 9/17/2025.
• SRO agreements are unique for each jurisdiction and school; CPD's agreement is comparable with other police agreements with CNUSD. 3

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DATE: 06/04/2025
TO: Honorable Mayor and City Council Members
FROM: Police Department
2025-184

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

Exhibit 2 - Agenda Item 2025-184.docx
EXECUTIVE SUMMARY:

This staff report asks Council to approve the First Amended and Restated Agreement between the City of Corona and the Corona-Norco Unified School District to provide School Resource Officers on campuses throughout the City. The agreement extends the term of the program through June 30, 2030, adjusts campus assignments, and makes various changes to compensation and reimbursement to the City to provide this service.

RECOMMENDED ACTION:

That the City Council:
a. Approve the First Amended and Restated School Resource Officer (SRO) Agreement between the City of Corona and the Corona-Norco Unified School District (CNUSD), effective July 1, 2025, and valid through June 30, 2030. This agreement extends the term of the SRO program, modifies school campus assignments, and increases the maximum allowable overtime costs for SRO coverage. The agreement ensures the continued provision of law enforcement services at mutually agreed-upon school campuses, with the City and CNUSD sharing costs equitably.

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b. Authorize the allocation of funding to cover fifty percent (50%) of the total compensation costs for each SRO, including salary, benefits, and motor pool expenses, as outlined in Exhibit A of the agreement.
c. Direct City staff to collaborate with CNUSD representatives to conduct annual reviews of the SRO program each February, as stipulated in Section 3.10 of the agreement. These evaluations will assess program effectiveness, campus assignments, and compliance with the terms of the agreement. d. Approve the provision of administrative space, supplies, and equipment by CNUSD at each assigned school campus to support SRO operations. This includes office space, furniture, computers, and telephones, as specified in Section 3.4 of the agreement.
e. Authorize the City to assign police vehicles to SROs for program-related duties, with motor pool costs shared equally between the City and CNUSD. This arrangement supports the mobility and operational efficiency of SROs in fulfilling their responsibilities.
f. Ensure compliance with the mutual indemnification clause in Section 3.11, which protects both parties from liabilities arising from acts or omissions during the execution of the agreement. This clause reinforces the shared accountability and legal protections for both the City and CNUSD. g. Adopt this agreement as a critical measure to enhance school safety, foster positive relationships between law enforcement and students, and promote proactive programs that address campus security and student well-being. The agreement aligns with the City’s commitment to public safety and community partnership.
h. Authorize an estimated revenue increase in the amount of $140,864 in the General Fund 110 for FY 2026.

BACKGROUND & HISTORY:

The City of Corona and the Corona-Norco Unified School District (CNUSD) have participated in a cost-share agreement for Police Officer positions, known as School Resource Officers (SROs), since the early 1990s. The City of Corona has an Intermediate School Resource Officer currently under a Department of Justice Tobacco Grant that is scheduled to end on June 30, 2025. The City of Corona and the CNUSD currently have an agreement for four High School Resource Officers, which is scheduled to end on June 30, 2026. This agreement includes a fifty percent (50%) cost-share of the four School Resource Officer positions and their related vehicle motor pool costs, with the City of Corona being reimbursed by the CNUSD. There is a School Resource Officer assigned to Corona, Centennial, and Santiago High Schools. A fourth School Resource Officer is shared between Lee V. Pollard and Orange Grove High Schools.

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ANALYSIS:

The Intermediate School Resource Officer position is not currently covered under the most recent SRO Agreement approved by the City Council on July 1, 2021. The current School Resource Officer agreement with the CNUSD is for four High Schools for a fiveyear term that would have ended on June 30, 2026. This agreement would align the Intermediate School Resource Officer with the four High School Resource Officer Agreements. The amended and restated agreement would overwrite the prior agreement to add one Intermediate School Resource Officer position to the CNUSD contract as of July 1, 2025, to June 30, 2030.

FINANCIAL IMPACT:

The financial impact of amending and extending the current School Resource Officer (SRO) agreement is driven by the expiration of the tobacco grant that has funded the intermediate SRO position. This grant will end on June 30, 2025, necessitating a revision to the agreement to ensure continued funding for all SRO positions through June 30, 2030. The amendment will address changes in funding sources, salary structures, overtime (OT) limits, and motor pool costs for both high school and intermediate SROs.

This revision results in an estimated revenue increase of $132,597 for FY 2026. This includes $116,197, representing 50% of the district share of salaries and benefits for intermediate SRO position, and $16,400 representing 100% of the district share for that position’s overtime. Additionally, during the agreement review, staff identified $8,267 of the $15,000 OT cap for four high school SROs that had been underestimated in the FY 2026 proposed estimated revenue budget. As a result, the total estimated revenue increase over the Proposed amount for FY 2026 is $140,864.

For Fiscal Year 2026, the agreement will remain consistent with the prior approved 2021 SRO agreement for the four high school SROs.
 Salary and benefits will be capped at $211,878 per officer.  Overtime will be capped at $15,000.
 The motor pool will be capped at $11,257 per vehicle.

For Fiscal Year 2026, the intermediate SRO terms will be as follows:
 Salaries and benefits, and overtime will be billed based on the law enforcement officer classification from which each SRO is selected.  Overtime will be capped at $16,400.
 Motor pool costs will be billed at actual rates, not exceeding $30,000 annually.

From FY2027 onward, all five SROs will be billed according to the Corona Police Employees Association Memorandum of Understanding. Overtime is capped at $84,000 in FY2027, increasing by 5% annually. Motor pool costs are highly variable due to factors such as vehicle age, maintenance needs, and labor costs. New vehicles incur minimal costs, but by year four, major maintenance is typically required. To manage this variability, an annual cap of $30,000 per vehicle is recommended, with actual costs billed based on fleet department rates.

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Fiscal Year
Total
Salaries &
Benefits
Salaries &
Benefit District
Share (50%)
OT Cap District
Share (100%)
Total District
Share
FY 2026 $1,124,935 $562,467 $31,400* $596,467
FY 2027 $1,300,550 $650,275 $84,000 $734,275
FY 2028 $1,332,005 $666,003 $88,000 $754,003
FY 2029 $1,365,615 $682,808 $92,000 $774,808
FY 2030 $1,400,230 $700,115 $95,000 $795,115
* HS SRO's -$15,000|Inter SRO - $16,400
ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that 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. This is merely an agreement and there is no possibility this will have a significant effect on the environment. Therefore, no environmental analysis is required.

PREPARED BY: MICHAEL NIELSEN, POLICE SERGEANT
REVIEWED BY: ROBERT NEWMAN, CHIEF OF POLICE
ATTACHMENTS:

1. EXHIBIT 1 – FIRST AMENDED AND RESTATED SRO AGREEMENT WITH CNUSD, VALID THROUGH 2030

2. EXHIBIT 2 - 2021 SRO AGREEMENT WITH CNUSD

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Corona City CouncilSeptember 3, 2025

Corona City Council
September 3, 2025