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HomeMy WebLinkAbout14-16 - Resolutions RESOLUTION NO. 14-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM19505, A REQUEST TO SUBDIVIDE A PARCEL OF ABOUT 15,547 SQUARE FEET(0.35 ACRE) IN THE LOW RESIDENTIAL(L) DISTRICT LOCATED AT THE NORTHEAST CORNER OF 24TH STREET AND CENTER AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF -APN: APN: 0209-122-01. A. Recitals. 1. Christopher Ehe, on behalf of Royal Falcon Investment Company, LLC,filed an application for the approval of Tentative Parcel Map SUBTPM19505, 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 May 2014, 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 May 28, 2014, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the site located on the northeast corner of 24th Street and Center Avenue in the Low (L) Residential Development District; APN: 0209-122-01; b. The parcel (prior to subdividing) is approximately 110 feet deep (north to south) and approximately 142 feet wide (east to west); the parcel size is approximately 15,547 square feet (total 0.35 acre); C. The zoning of the project site and the properties in all directions is Low Residential (L) District; d. The application contemplates the subdivision of the subject parcel into two (2) parcels for residential purposes. 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. 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 proposed project is to subdivide the property, into two (2) parcels for residential purposes—no development of the site is proposed at this time. The underlying General Plan designation is Low Residential. PLANNING COMMISSION RESOLUTION NO. 14-16 TENTATIVE PARCEL MAP SUBTPM19505 - ROYAL FALCON INVESTMENT COMPANY, LLC May 28, 2014 Page 2 b. The proposed subdivision, together with the conditions applicable thereto, will not be detrimental to the public health, safety orwelfare, or materially injurious to properties or improvements in the vicinity. The proposed project is to subdivide the property, into two (2) parcels for residential purposes—no development of the site is proposed at this time. C. The proposed subdivision does not meet the minimum net average for the parcel area. Therefore a Variance is required for the subdivision to comply with the applicable provisions of the Development Code. With the exception of the minimum net average for the parcel area, the proposed subdivision meets all standards outlined in the Development Code and the technical and development standards and policies of the Planning Commission and the City. 4. Pursuant to the California Environmental Quality Act ("CEQX) and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. 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 Department 1) Approval is for the subdivision of a parcel of about 15,547 square feet (0.35 acre)that is currently vacant, located at the northeast corner of 24th Street and Center Avenue in the Low(L) Residential Development District;APN: 0209-122- 01. 2) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code,or any other City Ordinances. 3) Prior to recordation of the Final Map, the applicant shall submit to the City applicable recorded documentation that establishes, and/or ensures the continuation of, agreements, easements, etc. for the purpose of mutual/reciprocal use, access, parking, and maintenance. Statements noting these agreements, easements, etc. shall be included on the Final Map. 4) Any proposals for development within the project site shall require the review and approval of the City's Planning Department prior to construction and/or installation. Engineering Department 1) Provide an Improvement Certificate on the final map requiring the installation of public improvements with each parcel. PLANNING COMMISSION RESOLUTION NO. 14-16 TENTATIVE PARCEL MAP SUBTPM19505 - ROYAL FALCON INVESTMENT COMPANY, LLC May 28, 2014 Page 3 2) Center Avenue improvements to be in accordance with City"Local"standards as required and including: a. Protect or replace existing curb and gutter, driveway and sidewalk as required b. Protect or replace existing signing and striping as required C. Replace existing street light on a wooden pole with concrete street light pole 3) 24th Street improvements to be in accordance with City "Local" standards as required and including: a. Protect or replace existing curb and gutter, driveway and sidewalk as required b. Protect or replace existing signing and striping as required C. Provide one (1) 5800 Lumen HPSV street light on parcel 2 east property line on 24th Street 4) Vacate excess ROW of 7 feet on Center Ave and 10 feet on 24th Street. Process alley vacation for affected properties between 24th Street&25th Street. 5) Install drive approaches per City standards, to the satisfaction of the City Engineer. Per City standard 101. 6) Prior to any work being performed in the 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. 7) 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. 8) Development Impact Fees are currently under review by the City. Impact fees will be imposed as a required by city ordinance. Building and Safety Department (Grading) 1) Prior to issuance of a building permit or recordation of the Parcel Map, the applicant shall complete a non-priority water quality management plan with the Building and Safety Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF MAY 2014. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 14-16 TENTATIVE PARCEL MAP SUBTPM19505 - ROYAL FALCON INVESTMENT COMPANY, LLC May 28, 2014 Page 4 BY: Frances Howdyshe , Chairman ATTEST: Candy rnett, Secretary I, Candyce Burnett, 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 bythe Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 28th day of May 2014, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: SUBTPM19505 SUBJECT: TENTATIVE PARCEL MAP SUBTPM19505 APPLICANT: ROYAL FALCON INVESTMENT COMPANY, LLC LOCATION: Northeast corner of 24th Street and Center Avenue; APN: 0209-122-01 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (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. 2. Approval of Tentative Tract No. 19505 is granted subject to the approval of Variance DRC2014-00112. 3. Copies of the signed Planning Commission Resolution of Approval No 14-16, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 4. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission hearing. a) Negative Declaration-$ 2,181.25 1 Project No. SUBTPM19505 Completion Date 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 Engineering Services Department 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 Department, the conditions contained herein, and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Manager. 3. 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. 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. 5. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owners at least 30 days prior to the removal of any existing walls/fences along the project perimeter. 6. Construct block walls between homes(i.e., along interior side and rear property lines), rather than wood fencing for permanence, durability, and design consistency. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY SERVICES DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S). D. Building and Safety Single-Family Residential Standard Conditions 2 Project No. SUBTPM19505 Completion Date General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan and reverse foundation plan (when applicable); c. Floor Plan; d. Roof and Floor Framing Plan and reverse Roof and Floor Framing Plan(when applicable); e. Electrical Plans (2 sets, detached) including the size of 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 Department Project Number (i.e., SUBTT, SUBTPM, MDR, CUP, DRC, etc.) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, two sets of energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to the City prior to permit issuance, 4. Separate permits are required for fencing and/or walls. 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., SUBTT, SUBTPM, MDR, CUP, DRC, etc.). 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 Services Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to the 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, and School Fees. The applicant shall provide a copy of the School Fees receipt to the Building and Safety Services Department prior to permit issuance. 3. The Building and Safety Official shall provide street addresses after tract/parcel map recordation and prior to issuance of Building Permits. 4. Construction activity shall occur in accordance with the standards as stated in Chapter 17.66.050 D-4 of the Development Code. New Structures / I 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistive requirements. 2. Provide compliance with the California Building Code for required occupancy separations. 3 Project No. SUBTPM19505 Completion Date 3. Roofing material shall be installed per the manufacturer's"high wind" instructions. 4. The home must be equipped with automatic fire sprinklers in accordance with NFPA 13D. 5. Annexation of the parcel: Annexation of the parcel into the Community Facilities District#85- 1 or#88-1 is required prior to the issuance of grading or Building Permits. E. Grading 1. Grading of the subject property shall be in accordance with current adopted California Building Code, City Grading Standards, and accepted grading practices. The grading and drainage plan(s) shall be in substantial conformance with the approved conceptual grading and drainage plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. A geologic report shall be prepared by a qualified engineer or engineering geologist and submitted at the time of application for Grading and Drainage Plan review. 4. The final Grading and Drainage Plan, 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 and 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 and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer. 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a Grading Permit. 7. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, that plan shall be a separate plan/permit from the Precise Grading and Drainage Plan/Permit. 8. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the Building and Safety Official for review and approval for on- site storm water drainage prior to issuance of a Grading Permit. All reports shall be wet signed and sealed by the Engineer of Record. 9. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a Grading Permit. 10. It shall be the responsibility of the applicant to obtain written permission from the adjacent property owners to construct walls on property lines or provide a detail(s) showing the perimeter wall(s)to be constructed off-set from the property line. 11. All slopes shall be a minimum 2-foot off-set from the public right-of-way or adjacent private property. 12. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. 4 Project No. SUBTPM19505 Completion Date 13. The precise Grading and Drainage Plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit." THE APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: F. 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): 66' total feet on Center Ave (excess ROW of 7'to be vacated: see file V-222) 60' total feet on 24th (excess ROW of 10'to be vacated: see file V-222) %I 60' total feet on 25th (excess ROW of 10'to be vacated: see file V-222) / I G. 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 Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure 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, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 3. Construct the following perimeter street improvements including, but not limited to: Curb& A.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Center Avenue (a) 241h Street X Notes: (a) Replace existing street light on wooden pole with concrete street light pole. (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. 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. 5 Project No. SUBTPM19505 Completion Date H. 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 Engineering Services Department prior to final map approval or issuance of Building Permits whichever occurs first. Formation costs shall be borne by the developer. I. 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, replace the existing street light on wooden pole with a concrete street light pole. For parcel 2, provide one(1)5800 lumen HPSV street light on parcel 2, east property line on 24th Street. J. 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 Valley Water District(CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD 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. K. 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. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE CONSTRUCTION SERVICES AT, (909)477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: The project must comply in design and constructed in accordance with the 2010 California Building and Fire Codes,the RCFPD Ordinance FD50 and the RCFPD Standards. The RCFPD ordinance, procedures &standards which are referenced in this document can be access on the web at www.citvofrc.us. L. Single-Family Residential Standard Conditions FSC-2 Fire Flow 1. The required fire flow for this project is calculated in gallons per minute at a minimum residual pressure of of 20-pounds per square inch. This requirement is made in accordance with current edition of the California Fire, as adopted by the Fire District Ordinance. -- - 2. On the-Site-Plan to be submitted for review,-show all fire hydrants,located,within-the-vicinity• /= h W of the proposed project site. Please complete the following prior to the issuance of any Building Permits: 1. Fire Flow: A current fire flow letter from CVWD must be received. The applicant is responsible / I for obtaining the fire flow information from CVWD and submitting the letter to Fire Construction Services. 6 Project No. SUBTPM19505 Completion Date 2. Automatic fire sprinklers: The structures must be equipped with automatic fire sprinklers in _II accordance with the current edition of the California Residential Code. 3. Address: Note on the plans that prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100 feet, additional 4-inch numbers shall be displayed at the property entry. 7 City of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: Tentative Parcel Map SUBTPM19505 Public Review Period Closes: May 28, 2014 Project Name: Project Applicant: Christopher Ehe 3272 North "E" Street, Suite A San Bernardino, CA 92405 Project Location (also see attached map): Located on the northeast corner of 24th Street and Center Avenue within the Low (L) Residential Development District- APN: 0209-122-01. Related Files: Variance DRC2014-00112 and Vacation "SUBENGV223. Project Description: A proposal to subdivide a vacant parcel of about 0.29 acres into two lots located on the northeast corner of 24th Street and Center Avenue in the Low (L) Residential Development District-APN: 0209-122-01.Although this project is the subdivision of four or fewer lots and would normally be Categorically Exempt under Section 15315 (Minor Land Divisions), as the proposed lots will not comply with the City's minimum net average for lot area, a variance is required. As a result, the project does not qualify for this Categorical Exemption. FINDING This is to advise that the City of Rancho Cucamonga,acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: The Initial Study indicates that there is no substantial evidence that the project may have a significant effect on the environment. If adopted, the Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive(909)477-2750 or Fax(909)477-2847. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period. May 28 2014 Q Date of Determination Adopted By