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HomeMy WebLinkAbout04-46 - Resolutions RESOLUTION NO. 04-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM16089, A SUBDIVISION OF 3 LOTS ON 2.135 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT(.1-2 DWELLING UNITS PER ACRE), LOCATED ON THE NORTH SIDE OF WILSON AVENUE APPROXIMATELY 330 FEET EAST OF HERMOSA AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1074-261-03. A. Recitals. 1. Judy Dowding filed an application for the approval of Tentative Parcel Map SUBTPM16089, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application." 2. On the 28th day of April 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 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 public hearing on April 28, 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 on the east side of Hermosa Avenue on the north side of Wilson Avenue, with a street frontage of 330 feet and lot depth of approximately 661 feet, and is presently improved with one single-family home; and b. The property to the north of the subject site is Very Low Residential, the property to the south consists of Hermosa Elementary School, the property to the east is Very Low Residential, and the property to the west is Very Low Residential; and C. That the Tentative Parcel Map is consistent with the General Plan and Development Code; and d. The design or improvements of the Tentative Parcel Map is consistent with the General Plan and Development Code; and e. The site is physically suitable for the type of development proposed; and f. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and PLANNING COMMISSION RESOLUTION NO. 04-46 SUBTPM16089 - DOWDING April 28, 2004 Page 2 g. The Tentative Parcel Map is not likely to cause serious public health problems; and h. 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 for the use of the property within the proposed subdivision. 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, 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 for the use of the property within the proposed subdivision. 4. The Planning Commission hereby determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act(CEQA)of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15315 of the State CEQA Guidelines (Class 15 Exemption — Minor Land Divisions). The application is a subdivision of property into four parcels in an urbanized area zoned for industrial use, no variances or exceptions are required, all services and access to the project site to local standards are available, the property was not subdivided in the past two years, and the property does not have average slope greater than 20 percent. 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) Provide vehicle gates, with side step-thru for horse access at all Local Feeder Trail entrances per City standard. 2) Provide a 10-foot comer cut-off, at a 45-degree angle, where Local Feeder Trail easements intersect or change direction. 3) The rail fence shall be installed along inside edge (south edge) of 15-foot Local Feeder Trail easement line. No fences or wall shall encroach into this trail easement. PLANNING COMMISSION RESOLUTION NO. 04-46 SUBTPM16089 - DOWDING April 28, 2004 Page 3 4) No block walls shall be installed within the front yard area except in conformance with City standards. The proper line-of-sight shall be provided for drivers egressing onto Wilson Avenue, to the satisfaction of the City Engineer. 5) Tree Removal Permit DRC2003-00529 is hereby approved for the removal of 51 trees identified in the arborist report (Knapp, August 2003) subject to replacement at a 1 to 1 ratio, 15-gallon minimum. The location and species shall be included in the detailed Landscape Plan to be approved by the City Planner. Engineering Division 1) Dedicate an additional 8 feet on Wilson Avenue (52 feet from the centerline) for Community Trail purposes. 2) Wilson Avenue frontage improvements are to be in accordance with "Secondary Arterial" standards including, but not limited to, the following: a) Provide curb and gutter, community trail, street trees and asphalt pavement as required. b) Provide one 9500 Lumen HPSV street light, per City Street Lighting Standard. c) Provide R26 "No Parking" signs and traffic striping and signage as required. 3) Community Trail shall be constructed along the entire Wilson Avenue project frontage per Standard Drawing No. 1003. Trail fencing shall not encroach on the driveway line-of-sight. Remove portions of historic rock pile and existing trees as needed for trail construction.The Citywill maintain the trail only. All landscaping shall be privately maintained and irrigated. 4) The existing overhead utilities (telecommunications and electrical, except for the 66kv electrical) on the project side of Wilson Avenue shall be underground along the entire project frontage, extending the first pole off site (east and west), prior to public improvements acceptance or occupancy,whichever occurs first. All services crossing Wilson Avenue will be undergrounded at the same time. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreements within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 04-46 SUBTPM16089 - DOWDING April 28, 2004 Page 4 APPROVED AND ADOPTED THIS 28TH DAY OF APRIL 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: /'y`�` Rich Macias, Chairman ATTEST: Brad6t cret 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 28th day of April 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: McNIEL COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: SUBTPM16089 SUBJECT: SUBDIVISION OF THREE SINGLE-FAMILY LOTS APPLICANT: JUDY DOWDING LOCATION: NORTH SIDE OF WILSON AVENUE, EAST OF HERMOSA AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION,(909)477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 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 tract map or 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. 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. 2. 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. 3. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed --- _/_ control, in accordance with City Master Trail drawings,shall be submitted for City Planner review and approval prior to approval and recordation of the Final Tract Map and prior to approval of SC-1-04 1 Project No.SUBTPM16089 Completion Date street improvement and grading plans. Developer shall upgrade and construct all trails,including fencing and drainage devices, in conjunction with street improvements. a. Local Feeder Trails (i.e., private equestrian easements) shall, at a minimum, be fenced with two-rail,4-inch lodgepole"peeler"logs to define both sides of the easement;however, developer may upgrade to an alternate fence material. b. Local Feeder Trail entrances shall also provide access for service vehicles, such as veterinarians or hay deliveries, including a 12-foot minimum drive approach. Entrance shall be gated provided that equestrian access is maintained through step-throughs. C. Local Feeder Trail grades shall not exceed 0.5% at the downstream end of a trail for a distance of 25 feet behind the public right-of-way line to prohibit trail debris from reaching the street. Drainage devices may be required by the.Building Official d. Provide a 24-foot by 24-foot corral area in the rear yard. Grade access from corral to trail with a maximum slope of 5:1 and a minimum width of 10 feet. e. For single family residential development within the Equestrian/Rural Overlay District, at least one model home shall be provided with a constructed 24-foot by 24-foot corral with appropriate fencing. 4. The Covenants, Conditions, and Restrictions (CC&Rs)shall not prohibit the keeping the equine animals where zoning requirements for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors of homeowners'associations for amendments to the CC&Rs. 5. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of-the Homeowners'Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and everyyear and whenever said information changes. D. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 slope,shall be,at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 3. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq.ft.of slope area, 1-gallon or larger size shrub per each 100 sq.ft. of slope area,and appropriate ground cover. In addition,slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. For single-family residential development, all slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. SC-1-04 2 Project No.SUBTPM16089 Completion Date APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,(909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. General Requirements 1. Submit five complete sets of plans including the following: —/—/— a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans,including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number(i.e.,SUBTT#,SUBTPM#, DRC#)clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet"signature are required prior to plan check submittal. 3. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can contact the Building and Safety Division staff for information and submittal requirements. F. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number(i.e., DRC2001-00001). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. ' 2. Prior to issuance of building permits for a new residential project or major addition,the applicant shall pay development fees at the established rate. Such fees may include,but are not limited to: City Beautification Fee, Park Fee, Drainage Fee,Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. G. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. SC-1-04 3 Project No.SUBTPM16089 Completion Date 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared,stamped,and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. 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. Dedication shall be made of the following rights-of-way on the perimeter streets(measured from street centerline): 52 total feet on Wilson Avenue. 3. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. I. 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, street lights, 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. SC-1-04 4 Project No.SUBTPM16089 Completion Date 3. Construct the following perimeter street improvements including, but not limited to: Curb& A.C. Side- Drive Street Stre�Commdian BikeStreet Name Gutter Pvmt walk Appr. Lights Treand Trail Other Wilson Avenue X X X X I X I X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 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,priorto 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 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. 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 galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City 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 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. SC-1-04 5 Project No.SUBTPM16089 Completion Date 6. 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 1." 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. Wilson Avenue P.A.less than 8 ft. Lagerstroemia indica Crape Myrtle Hybrid— 3 ft. 20 ft.o.c. 24-inch Fill "Muskogee" Lavender box In P.A. 8 ft.or greater Cinnamomum camphora I Camphor Tree 8 ft. 20 ft.o.c. I 15-gal. 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 reportshall 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. 7. 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. J. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall _/_/_ be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first. The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District: Community Trail on Wilson Avenue. 2. 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. K. Drainage and Flood Control 1. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. L. 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 SC-1-04 6 Project No.SUSTPM16089 Completion Date 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. M. 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 priorto building permit issuance if no map is involved. SC-1-04 7