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HomeMy WebLinkAboutReso 23-01RESOLUTION NO. 23-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM20655 TO SUBDIVIDE A VACANT 3.89-ACRE PARCEL INTO TWO PARCELS WITHIN THE VERY LOW (VL) RESIDENTIAL ZONE, LOCATED AT 5815 ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0225-123-09 A. Recitals. 1. The applicant, We Architects Group, filed an application for Tentative Parcel Map SUBTPM20655, 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 January 25, 2023, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application. 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 the Planning Commission during the above -referenced public hearing on January 25, 2023, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The application applies to a vacant 3.89-acre parcel located at 5815 Etiwanda Avenue located within the Very Low (VL) Residential zone; and c. The application proposes the subdivision of the 3.89-acre site into two parcels, measuring 1.95 and 1.93 acres respectively; and d. The application proposes no physical changes to the site. The project site will continue to meet or exceed all pertinent Development Code standards at the time of permit approval. 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: a. That the tentative parcel map is consistent with the General Plan and Development Code. The General Plan designates the project site as Suburban Neighborhood Very Low. The Development Code designates the project site as Very Low (VL) Residential. The PLANNING COMMISSION RESOLUTION NO.23-01 TENTATIVE PARCEL MAP SUBTPM20301 - CITY OF RANCHO CUCAMONGA January 25, 2023 Page 2 VL zoning designates areas for semi -rural residential use, with a minimum lot size of 20,000 square feet and a maximum residential density of up to 2 units per gross acre. No physical changes are being proposed to the site. b. The design or improvements of the tentative parcel map is consistent with the General Plan and Development Code. The project proposes no physical changes to the site. The two new lots created as part of this subdivision will meet all pertinent Development Code provisions. c. The site is physically suitable for the proposed development. No physical changes are being proposed to the site with this application. All future development to the site will be required to comply with Development Code requirements through a separate permit. d. The design of the subdivision is not likely to cause substantial environmental damage or avoidable injury to humans and wildlife or their habitat. The proposed project is only for the subdivision of the project site into two parcels. No building construction is proposed in conjunction with this tentative parcel map. No environmental impacts are expected. e. The tentative parcel map is not likely to cause serious public health problems. The proposed project is only for the subdivision of the project site into three parcels. No building construction is proposed in conjunction with this tentative parcel map. No health impacts are expected. f. The design of the tentative parcel 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. All existing public easements will be retained as existing and direct access to all easement areas from the public right-of-way will be maintained. Ownership rights pertaining to individual parcels that comprise the project site will not supersede existing easement rights for public access onto the site. 4. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the Planning Commission finds that the project qualifies as a Class 15 exemption under State CEQA Guidelines Section 15315 — Minor Land Divisions, as the project involves the subdivision of an existing lot into two parcels where no physical changes occur. The Planning Commission finds that there is no substantial evidence that the project will 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 Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 25TH DAY OF JANUARY 2023. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO.23-01 TENTATIVE PARCEL MAP SUBTPM20301 - CITY OF RANCHO CUCAMONGA January 25, 2023 Page 3 BY" — ryan Dopp, Chairman ATTEST: h4�L Matt Mahragi, Secretary I, Matt Marquez, Secretary of the Planning Commission for 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 25th day of January 2023, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, WILLIAMS, MORALES, BOLING, DANIELS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval Community Development Department Project #: SUBTPM20655 Project Name: Parcel Map Location: 5815 ETIWANDA AVE - 022512309-0000 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. 3. This tentative tract map or 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 �.ye��s ��r1�ie date of the approval. ugh/ u w .CityofRC.us nn etl. / 2 2 Project #: SUBTPM20655 Project Name: Parcel Map Location: 5815 ETIWANDA AVE - 022512309-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 4. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. Engineering Services Department Standard Conditions of Approval 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 of each individual lot. Improvements shall be completed and accepted prior to any certificate of occupancy. 2. Private drainage easements for cross -lot drainage shall be provided and shall be delineated or noted on the final map. 3. Parcel shall be annexed into Landscape Maintenance District 7 prior to final map approval. This parcel is also required to be annexed into Community Facilities District 2022-01 (Street Lighting Services) to finance the maintenance and services of streetlights, traffic lights, and appurtenant facilities. This condition needs to be completed before the Final Map approval or issuance of Building Permits whichever occurs first. Any annexation cost shall be borne by the developer. To start the annexation process, please contact Kelly Guerra at 909-774-2582 4. All public improvements shall be completed prior to occupancy. Construct the following perimeter street improvements including, but not limited to: 1) Etiwanda Avenue Frontage Improvements shall be in accordance with City "Collector" standards as required and include the following: Curb & Gutter A.C. Pvmt Drive Appr. Street Lights Street Trees Comm Trail Notes: (a) Median island includes landscaping and irrigation on meter (b) Pavement reconstruction and overlays will be determined during plan check. www.CityofRC.us Printed. 1/19/2023 Page 2 of 4 Project#: SUBTPM20655 Project Name: Parcel Map Location: 5815 ETIWANDA AVE - 022512309-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Engineering Services Department Standard Conditions of Approval 5. 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. 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 Engineering Services Department 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. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch pvc with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per latest ADA standards or as directed by the City Engineer. f. 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. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Manager prior to submittal for first plan check. 6. Permits shall be obtained from the following agencies for work within their right of way: City of Rancho Cucamonga, Engineering Services Department. w .CityofRC.us Printed: 1/19/2023 Page 3 of 4 Project #: SUBTPM20655 Project Name: Parcel Map Location: 5815 ETIWANDA AVE - 022512309-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Engineering Services Department Standard Conditions of Approval 7. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on Sheet _ (typically Sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. Street Name Botanical Name Common Name Min. Grow Space Spacing Size Qty. 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 Services Department. Street trees are to be planted per public improvement plans only. 8. Dedication shall be made of the following rights -of -way on the perimeter streets (measured from street centerline): Etiwanda Avenue - 44' from CL w .cityofRC.us Printed: 1/19/2023 Page 4 of 4