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HomeMy WebLinkAbout04-89 - Resolutions RESOLUTION NO. 04-89 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING TENTATIVE PARCEL MAP SUBTPM16481, A SUBDIVISION OF .957 ACRES OF LAND IN THE RESIDENTIAL LOW DISTRICT, LOCATED AT 10345 19TH STREET, INTO 3 LOTS; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1076-151-04. A. Recitals. 1. Creative Building Concepts filed an application for the approval of Tentative Parcel Map SUBTPM16481 as described in the title of this Resolution. Hereinafter in this Resolution,the subject Tentative Tract Map request is referred to as "the application." 2. On the 14th day of July 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the 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 bythe 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 public hearing on July 14, 2004, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 10345 19th Street with a street frontage of 75 feet and lot depth of 556 feet and is presently improved with a single-family residence; and b. The property to the north of the subject site is a single-family residence,the property to the south consists of a single-family residence, the property to the east is a single-family residence, and the property to the west is a single-family residence; and C. The application proposes the subdivision into 3 parcels; and d. The subdivision, together with the recommended conditions of approval, meets development standards for the City of Rancho Cucamonga. e. The project site is less than 5 acres in area, no variances or minor exceptions are required, all services and access are available, the parcel was not previously subdivided in the past two years, and has slope of less than 20 percent; therefore, is categorically exempt from Environmental Review per CEQA Guidelines Section 15315 (Class 15 Exemption — Minor Land Divisions). 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: PLANNING COMMISSION RESOLUTION NO. 04-89 SUBTPM16481 —CREATIVE BUILDING CONCEPTS July 14, 2004 Page 2 a. That the Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans; and C. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The Tentative Parcel Map is not likely to cause serious public health problems;and f. The design of the Tentative Parcel Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information provided in the application request, the project is categorically exempt from Environmental Review per CECA Guidelines Section 15315 (Class 15 Exemption— Minor Land Divisions). 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 below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) At Parcel 2, the slope of the drive approach shall not exceed 10 percent. Engineering Division 1) Parcel 2 shall accept the drainage from Parcel 3; provide on Parcel Map. 2) No new driveway to 19th Street will be accepted. Protect existing curb and gutter, sidewalk and streetlight, or repair as required. Protect existing R26(s) 'No Stopping' signs. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich Macias, Chairman PLANNING COMMISSION RESOLUTION NO. 04-89 SUBTPM16481 — CREATIVE BUILDING CONCEPTS July 14, 2004 Page 3 ATTEST: Brad Bu30gzjoeetary I, Brad Buller, Secretary of the Planning Commission 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 14th day of July 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: McPHAIL COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: Tentative Parcel Map SUBTPM 16481 SUBJECT: Subdivision for 3 Residential lots APPLICANT: Creative Building Concepts LOCATION: Near SWC of 19th Street and Cartilla Avenue ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACTTHE PLANNING DIVISION,(909)477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date A. General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents,officers,or employees,because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion,participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. B. Time Limits 1. This tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations,exterior materials and colors, landscaping,sign program,and grading on file in the Planning Division, the conditions contained herein, and the Development Code regulations. 2. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 3. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. SC-07-03 1 J Project No. SUBTPM16481 Completion Date APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: D. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails,public paseos,public landscape areas,street trees,traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. i Dedication shall be made of the following rights-of-way on the perimeter streets(measured from street centerline): 60 total feet on Hamilton Street 3. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. 4. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. E. Street Improvements 1. All public improvements(interior streets,drainage facilities,community trails,paseos,landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to,curb and gutter,AC pavement, drive approaches, sidewalks, streetlights, and street trees. 2. Pursuant to City Council Resolution No.88-557,no person shall make connections from a source of energy,fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council,except:that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 3. Construct the following perimeter street improvements including, but not limited to: Curb& AC. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk I Appr. Lights Trees Trail Island Trail Other 19th Street X Hamilton Street/north side X X Hamilton Street/south side X X 4. Improvement Plans and Construction: a. Street improvement plans, including street trees,street lights,and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements,prior to final map approval or the issuance of building permits, whichever occurs first. SC-07-03 2 Project No. SUBTPM16481 Completion Date b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. C. Pavement striping,marking,traffic signing,street name signing,traffic signal conduit,and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving,which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. e. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. f. Street names shall be approved by the City Planner prior to submittal for first plan check. 5. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 6. Provide a minimum of 3-inch conduit for future fiber optic use on all streets with connection through the parkway to each lot or parcel (fiber-to-the curb, FITC). The size, placement, and location of the conduit shall be shown on the Street Improvement Plans and subject to City Engineer review and approval prior to issuance of building permits or final map approval, whichever comes first. 7. Install street trees per City street tree design guidelines and standards as follows. The completed legend and construction notes shall appear on the title page of the street improvement plans. Where public landscape plans are required,tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size' City. 19' Street Lagerstroemia Crape Myrtle Hybrid 3' 20' 24" Fill indica "Muskogee' - Lavender O.C. Box in Hamilton Street Lagerstroemia Crape Myrtle Hybrid 3' 20' 24" indica "Muskogee' - Lavender O.C. Box `TREES SHALL BE 15-GALLON SIZE UNLESS OTHERWISE APPROVED. Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting,an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Division. 4) Street trees are to be planted per public improvement plans only. 8. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. SC-07-03 3 Project No. SUBTPM16481 Completion Date F. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. G. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 3. Trees are prohibited within 5 feet of the outside diameter of any public storm drainpipe measured from the outer edge of a mature tree trunk. H. Improvement Completion 1. If the required public improvements are not completed prior to approval of the final parcel map, an improvement certificate shall be placed upon the final parcel map, stating that they will be completed upon development for: Parcel 1 and Parcel 2 on Hamilton Street. 1. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system,water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water District(CCW D), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CCW D is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. J. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City,covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 2. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Division when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Division within 60 days following the completion of the construction and/or demolition project. SC-07-03 4