Loading...
HomeMy WebLinkAboutReso PC 25-017 rr 10500 Civic Center Drive I Rancho Cucamonga,CA 91730 1 909.477.2700 1 www.CityofRC.us June 2, 2025 SUBJECT: Tentative Parcel Map 20962 Dear Applicant: The Planning Commission approved the above-described project at its meeting on May 281h, 2025. Enclosed are copies of documents pertinent to that approval. Please review any conditions relative to utility undergrounding required in conjunction with your project. Where undergrounding is a condition of approval, you should establish contact with affected utilities as soon as possible to avoid delays in processing your project. If you have any questions, please contact the Plan Check Section of the Engineering Department at (909) 477-2740. As you are aware, your project was approved subject to certain revised conditions of approval. Please note that conditions may specify completion of certain plans or work prior to the issuance of building permits, final map recordation, or occupancy release. Please note that this approval will expire in 2 years unless a building permit is issued, and construction is commenced. If you have any questions, please call our office at (909) 477-2750. Sincerely, NNING AND ECONOMI EVELOPMENT DEPARTMENT Eli eth Thornhill Executive Assistant Enclosure(s) RESOLUTION NO. 2025-017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 20962 TO SUBDIVIDE AN EXISTING 45,600 SQUARE FOOT PARCEL INTO TWO NEW PARCELS WITHIN THE VERY LOW RESIDENTIAL(VL)ZONE, LOCATED AT 13204 BANYAN STREET.APN: 0225-122-46 A. Recitals. 1. The applicant, Cinthia Cervantes, on behalf of the owner of the property, filed an application for approval of Tentative Parcel Map 20962, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map is referred to as"the application." 2. On the 28th day of May 2025, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced meeting on May 28th, 2025, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property currently addressed 13204 Banyan Street, APN: 0225-122-46, generally located near the northwestern corner of East Avenue and Banyan Street; and b. The project site consists of a single 45,600 square foot parcel, currently improved with a single-family residential structure; and C. The existing land uses on, and General Plan land use and zoning designations for, the project site and the surrounding properties (relative to the above-noted parcel) are as follows: r PLANNING COMMISSION RESOLUTION NO. 2025-017 Tentative Parcel Map 20962 May 28, 2025 Page 2 L--and Use '" General Plan Zoning Site Single Family Suburban Neighborhood Very Low Residential (VL) Residential Very Low North School Bus Depot General Open Space and Parks (P) Facilities South Single Family Suburban Neighborhood Very Low Residential (VL) Residential Very Low East Vacant Suburban Neighborhood Very Low Residential (VL) Very Low ..West Etiwanda Colony General Open Space and Parks (P) Elementary School Facilities d. The application includes the subdivision of a parcel totaling 45,600 into 2 numbered parcels. Parcel 1 includes the existing single family residential structure and is 25,080 square feet. Parcel 2 is vacant and is 20,520 square feet; and e. The subdivision complies with each of the applicable development standards for lot dimensions Very Low Residential (VL) Zone as follows: Standard Requirement - Proposed New Lots_ Analysis Minimum Lot Width 90, Parcel 1 — 110' Compliant Parcel 2—90' Minimum Lot Depth 200' Parcel 1 —228' Compliant Parcel 2—228' Minimum Lot 50' Parcel 1 — 110' Compliant Frontage Parcel 2—90' Minimum Lot Area 20,000 sq ft Parcel 1 —25,080 sq ft Compliant Parcel 2—20,520 sq ft Minimum Net 22,500 Avg. 22,800 sq ft Compliant Average Lot Area PLANNING COMMISSION RESOLUTION NO. 2025-017 Tentative Parcel Map 20962 May 28, 2025 Page 3 f. The existing structure located on Parcel 1 is currently legal nonconforming as the westerly building setback is only 3 feet instead of the required 15 feet from the adjacent property line. Pursuant to Development Code Section 17.62.030, the proposed subdivision will not increase the degree of nonconformity of the existing structure, or create a new nonconformity;. and g. The application as submitted includes no development of the site. 3. Based upon the substantial evidence presented to this Commission during the above-referenced meeting and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed subdivision is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. The proposal is to subdivide a property with an area of 45,600 square feet into 2 numbered parcels. The underlying General Plan Land Use Map designation is Suburban Neighborhood Very Low which is intended for the development of low-density residential neighborhoods with a suburban character; and b. The proposed subdivision complies with each of the applicable provisions of the Development Code for the Very Low Residential (VL) Zone; and C. The proposed subdivision will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposal is for the subdivision only and does not include any development of the site at this time. 4. The Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment based upon the findings as follows: a. The Planning Department Staff have determined that the project is categorically exempt from the requirements of the California Environmental Quality Act(CEQA) and the City's CEQA guidelines. The project qualifies as a class 15 exemption under State CEQA Guidelines Section 15315— Minor Land Divisions. The project scope is for the subdivision of a residentially zoned lot into two separate parcels. Both parcels are in conformance with the General Plan and the Development Code's requirements for the Very Low Residential (VL) zone. Both parcels can be adequately served by fire, public safety and utility services, and have driveway access onto nearby roadways. Both parcels are relatively flat and do not have a slope greater than 20 percent. The parcel proposed to be divided was not involved in a division from a larger parcel within the previous 2 years. There is no substantial evidence that the project may have a significant effect on the environment. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth in the Standard Conditions, attached hereto and incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. 2025-017 Tentative Parcel Map 20962 May 28, 2025 Page 4 6. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF MAY 2025 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ,-;;' "_ _ Tony Mora es, hair ATTEST: rvx Jennifer akamura, Secretary I, Jennifer Nakamura, Secretary of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 28th day of May 2025 by the following vote-to-wit: AYES: COMMISSIONERS: MORALES, BOLING, DANIELS, DIAZ, DOPP NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: I Conditions of Approval L�, RANCHO CUCAMONGA Community Development Department Project#: SUBTPM20962 Project Name: Tentative Parcel Map - 13204 Banyan Street Location: 13204 BANYAN ST- 022512246-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Standard Conditions of Approval 1. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. 2. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, those City agents serving as independent contractors in the role of City officials and instrumentalities thereof (collectively "Indemnitees"), from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and expenses (including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to this approval, the Planning Director's actions, the Planning Commission's actions, and/or the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that the applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. www.CityofRC.us Printed:4/1 612 0 2 5 Page 22 Project#: SUBTPM20962 Project Name: Tentative Parcel Map - 13204 Banyan Street Location: 13204 BANYAN ST- 022512246-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.• Planning Department Standard Conditions of Approval 3. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 4. This tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. Engineering Services Department Standard Conditions of Approval 1. The project Final Map shall meet the Subdivision Map Act, City Development Codes, and Conditions of Approval requirements. The Final Map shall be approved and recorded with the San Bernardino County Recorders Office prior to issuance of Building Permits. Printed:4/16/2025 www.CityofRC.us Page 2 of 2 Page 23