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HomeMy WebLinkAbout44-Development Services ..,.- . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: June 15,2005 Subject: Tentative Parcel Map No. 16880 (Appeal No. 05-12) - Appeal of the Planning Commission's denial of a request to subdivide 0.55 acre into two lots. No construction of houses had been proposed with the subdivision. The property is a vacant parcel located at the northwest comer of Yucca and Camellia Drives in the RS, Residential Suburban land use district. From: James Funk, Director Dept: Development Services MCC Date: July 5, 2005 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor and Common Council either: I) Deny the appeal and uphold the Planning Commission denial of Tentative Parcel Map No. 16880 based upon the April 13, 2005 Memorandum to the Planning Commission; or, e 2) Uphold the appeal and approve Tentative Parcel Map No. 16880 based upon the Findings of Fact contained in the April 5, 2005 Staff Report to the Planning Commission, subject to the Conditions of Approval and Standard Requirements. Jmw(/~~rJP Contact person: Rrl~n Fnotf> Phone: 3R4-'i0'i7 Supporting data attached: S ta Ff Reoort Ward: 4 FUNDING REQUIREMENTS: Amount: NI A Source: (Acct. No.) fAc.et np~c.riptlon) Council Notes: Finance: !)~'--~ i=/::- 30 7/C/OJ- I (/ I I . Agenda Item No. Lj/f 7J/~Or . . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Mayor and Common Council Meeting of July 5,2005 SUBJECT: Appeal of the Planning Commission's denial of Tentative Parcel Map No. 16880 (Subdivision No. 04-24) OWNER! APPLICANT: APPELLANT: Sanjeet Nijjar 4900 Santa Anita Ave., #2C EI Monte, CA 91731 (626) 844-8865 J esse Corral 2286 N. Leroy St., Ste. 8 San Bernardino, CA 92404 (213) 200-8119 BACKGROUND The appellant is appealing the Planning Commission denial of Tentative Parcel Map 16880, a request to subdivide 0.55-acre into two lots with lot sizes of 11,790 square feet and 12,400 square feet. The subdivision application did not include a proposal to construct houses. The property is a vacant parcel located at the northwest comer of Yucca and Camellia Drives in the RS, Residential Suburban land use district (see Exhibit I - Location Map). At the meeting of April 5, 2005, the Planning Commission voted unanimously to deny Tentative Parcel Map 16880. Planning staff had recommended that the subdivision application be approved because the proposal would be consistent with the General Plan and Development Code, and all the required Findings could be made (for the complete analysis, see Exhibit 2 - Planning Commission Staff Report). Several residents of the neighborhood had submitted written and verbal comments which expressed their opposition to the proposal, citing the lot sizes in the surrounding neighborhood and the proposed subdivision's inconsistency with the existing neighborhood (see Exhibit 3 - Letters to the Planning Commission). An administrative error resulted in the public notice describing the proposed subdivision as creating three lots (rather than two lots). Therefore, prior to the meeting, numerous opponents were under the impression that three lots would be created. Commissioners Durr, Enciso, Heasley, Morris, Powell, and Sauerbrun voted in favor of the motion to deny the application. The applicant disagreed with the Planning Commission's decision, and filed an appeal on April 19,2005, to the Mayor & Common Council (see Exhibit 4 - Appeal). The appellant disagrees with the revised Findings of Fact Nos. 2 and 4 contained in the Planning Commission Memorandum of April 19, 2005 (see Exhibit 5 - Planning Commission Memorandum). The appellant is requesting that the Mayor & Common Council overturn the decision of the Planning Commission and approve Tentative Parcel Map 16880 with conditions of approval, based on the appellant's specific grounds for the appeal. . . . Appeal No. 05-12 Hearing Date: July 5. 2005 Page 2 The appellant disputes the revised Findings of Fact Nos. 2 and 4 (Exhibit 5 - Planning Commission Memorandum) by explaining that the proposed lots will, in fact, have similar sizes to the existing properties in the surrounding neighborhood. He indicates that the proposed lot sizes will be equal or larger than most of the existing lots in the surrounding neighborhood. Planning staff reviewed the lot sizes within a 500-foot radius of the project site, and staff generally concurs with the appellant's analysis regarding lot sizes in the surrounding neighborhood (see Exhibit 6 - Lot Sizes in the Vicinity). The appellant concludes that the proposed subdivision will retain the scale and character of the surrounding neighborhood, and will therefore be consistent with the General Plan. The appellant also stated that the proposed subdivision had been advertised incorrectly as a three-lot subdivision, and resulted in opposition which would not have materialized if the project had been accurately described as a two-lot subdivision. Four of the seven opposition letters had explained that they were opposed to the creation of three lots for future houses. Also, four of the seven opposition letters had mentioned concerns about public safety, such as the Old Waterman fire, and separation distance between dwelling units. However, other letters had indicated opposition to any subdivision of the property, and staff believes that opposition would have existed if the advertisement had correctly described the project. FINANCIAL IMPACT None. The applicant paid the processing and appeal fees. RECOMMENDATION Staffrecommends that the Mayor and Common Council either: 1) Deny the appeal and uphold the Planning Commission denial of Tentative Parcel Map No. 16880 based upon the April 13, 2005 Memorandum to the Planning Commission; or, 2) Uphold the appeal and approve Tentative Parcel Map No. 16880 based upon the Findings of Fact contained in the AprilS, 2005 Staff Report to the Planning Commission, subject to the Conditions of Approval and Standard Requirements. EXHIBITS: 1. 2. 3. 4. 5. 6. Location Map Planning Commission Staff Report of AprilS, 2005 Letters to the Planning Commission Application for Appeal Planning Commission Memorandum of April 13, 2005 Lot Sizes in the Surrounding Area Appeal No. 05-12 Hearing Date: JlIne 6. 2005 Page 3 . EXHIBIT 1 - LOCA nON MAP I~ ~-: ;EjU .~:.,~.", ill ~~0/~ o'~, U .,,, ~ J~ ~I'LLO".~ \\~/~ 0 :! _!:!lol.2!!:. l~' ~gf' ..... ~~),' ~'~ ~""'~~,.~~. NORTH I II MJ.I I I. ,,' //"rt>/ <C><) ~ ~~ i~ l'i~ ~ .L""'~:~ E:JL' t'1~ l::ll I I J.cJ :.! l0 -: ffi ,,::_--~:~ ~ r ,.o. rt. "'" .j, ; l '(i &. SA v<m].}' / ~ I,."" _ c...:, 5'/ ~. / o ....I!l...~ a ":'_' ~ 1 . "I _."", ~ -'" ~ ' ';1 ".. ": ..",. ... , t I '. 'l' :, ~", . I'D' ~I- .v[ ~, . ~:"" ~ :; , ~ rt ~ CI) ~ ,." j ':= ,- LJ .l.. >c. l ~ Z i 'k! - .. (fh . ~ '0 X - ~ l i j ~ ~ ::! ::::. . ! ~ " (,.........,< . U ,... r l]f z~, 3 I d -- ru;;-1 <<'I .. ~ ~ . ~ ~ o t-~.... u:n _~ ~ ~ -0",. 0' ~U""... ~ r ~ wL ~IIL (f)111 ~~ : ~O : I "...... ~qnrl' ! _1111 ~ 7 ...~..-I 0' lilt' ~II 41 ~ ~\ a:: J!; (( '(! ~ ~ ~ ,",oW iF <t 1.' T (~ ; '" ' 1 0 _.___ I 1\1 ; I ; I' ~I ~- !F nD~= ~ ~ ~ ~ ItJD~ ~, ':~ dll iiLJ "11 ~\X1 ! ~hJ I ! II""!;:" y I ~l I " ~~Js;1 ,.n.hjj!"'~ ~ ~ ~ - ~ 11 - _dl. .JlL ... . . e EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Tentative Parcel Map No. 16880 (Subdivision No. 04-24) 2 AprilS, 2005 4 OWNER: APPLICANT: Sanjeet Nijjar 4900 Santa Anita Ave. El Monte, CA 91731 Jesse Corral 2286 N. Leroy, Suite 8 San Bernardino, CA 92404 (213) 200-8119 REQUESTILOCATION: A request for approval of a Tentative Parcel Map to subdivide 0.55-acre into two residential lots. The project site is located at the northwest comer of Yucca and Camellia Drives in the RS, Residential Suburban land use district (APN: 0155-051-01). CONSTRAINTS/OVERLAYS: High Wind Hazard Area Alquist-Priolo Special Study Zone ENVIRONMENT AL FINDINGS: o Not Applicable iii Exempt from CEQA, ~15315 - Minor Land Divisions o No Significant Effects . o Negati\e Declaration o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: iii Approval iii Conditions o Denial o Continuance to: PM No. 16880 Meeting Date.' Apnl 5, 2005 Page 1 . REQUEST AND LOCATION The project site is located on the northwest comer of the intersection at Camellia and Yucca Drives (Attachment A-Location Map). The applicant requests approval for subdividing one lot into two parcels for future development with single-family dwellings. The proposed Parcel I will be 11,790-sq.ft. and Parcel 2 will be 12,400-sq.ft. (Attachment B-Site Plan). SETTING & SITE CHARACTERISTICS The site is vacant, generally flat, and slopes approximately 7% to the south. The surrounding neighborhood has detached single-family residential units in the RS, Residential Suburban land use district. The houses on the four adjacent properties to the west had been destroyed during the Old Fire that occurred in October 2003. All of the existing parcels in the surrounding area average between 10,000- and 12,000-sq.ft. in size. BACKGROUND . The initial submittal had proposed subdividing the lot into three parcels, with minimum lot sizes of 7,400-sq.ft. each. At the D/ERC meeting ofJanuary 13, 2005, staff requested that the applicant modify the Site Plan to indicate two new parcels with at least 10,000-sq.ft. each, so that the new parcels would be consistent with existing lots in the surrounding neighborhood. On February 10,2005, the D/ERC moved the revised Site Plan to the Planning Commission. FINDINGS AND ANALYSIS 1. Is the proposed map consistent with.the General Plan and Development Code? Yes, the proposed parcel map is consistent with the General Plan and Development Code as shown in Table 'A.' The proposed parcels will meet the minimum requirements for lot size, lot dimensions, and access. TABLE 'A' -- DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE . CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL PLAN Permitted Use Single-family parcels Permitted Consistent Lot Area 11,790 square feet (min.) 7,200 square feet (min.) nla Lot Width 95 feet (min.) 60 feet (interior lots) nla ! 66 feet (comer lots) i i Lot Depth 123 feet (min.) 100 feet nla Lot Coverage nla 35 % (max.) nla Access 2 existing public streets 2 standard means of access nla . . . PM ho. /688U A4eeting Date, April 5, lOOj Page 3 2. Is the design of the proposed subdivision consistent with the General Plan? Yes, the proposed subdivision will implement and promote the policies and objectives of the General Plan. The project is consistent with Objective 1.8, which promotes subdivisions that retain the scale and character of existing residential neighborhoods. The proposed subdivision will retain the scale and character of the existing surrounding neighborhoods. The project is consistent with Policy 1.11.30, which requires minimum lot sizes of at least 7,200 square feet. 3. Is the site physically suitable for the type of proposed development? The tentative parcel map conforms to the Development Code's subdivision design standards for minimum lot size, lot area, and access. Both proposed lots contain sufficient building pad areas, and future dwellings will be able to meet the required yard setbacks. The slopes that will be constructed in the front and side yards will be similar to the existing slopes on surrounding properties. Connecting to the existing infrastructure will provide water, sewer, drainage, and utility services to the parcels. The site is located within the boundaries of the Alquist-Priolo Special Studies Zone for known active faults. However, at least two geological reports previously produced for adjacent properties determined that no evidence of faulting occurs in the vicinity, on the surface or underground. Report Nos. 43 (06/24/77) and 128 (12/28/83) concluded that no geologic features existed that would prevent development of the properties, because the nearest active fault trace is located approximately 1,300 feet to the northeast. The two properties evaluated by those geologic reports are located 300 and 500 feet, respectively, northwest of Tentative Parcel Map 16880. Report No. 43 referred to the location of Tentative Parcel Map 16880, by stating that the geologist did not observe any surface disturbances in the vacant lot to the east. Therefore, staff did not require further geotechnical analysis on the project site. 4. Is the site physically suitable for the proposed density of development? Yes, the site is physically suitable for single-family dwellings. The proposed division of land is consistent with the Subdivision Map Act, the General Plan, and the Development Code. General Plan Policy 1.11.10 allows up to 4.5 units per acre, and the proposed subdivision is for 3.6 units per acre. The proposed project will have a density and physical design that will be similar to the existing single-family properties in the surrounding area. 5. Is the design of the subdivision likely to cause substantial environmental damage. or substantially and unavoidably injure fish or wildlife or their habitat? No, the proposed subdivision is not likely to cause any environmental damage, and is not likely to injure fish or wildlife or their habitat. The proposed subdivision is exempt from the California Environmental Quality Act (CEQA) per Section 15315 for Minor Land Divisions. . . e PM ^'o. /6880 lv/cering Date: April 5, l005 Page./. 6. Is the design of the subdivision likely to cause serious public health problems? No, the subdivision is not likely to cause serious public health or safety problems. The location of the subdivision is not within or near any Foothill Fire Zone. However, four homes adjacent to the project site had been destroyed during the conflagration that occurred in October 2003. The homes that will be constructed in the future will have fire-resistant materials, as required by the current California Building Code as well as Chapter 15.11 (Building Safety Enhancement Area Building Standards) of the San Bernardino Municipal Code. Implementation of these standard requirements will lessen the likelihood of serious public health and safety problems. Drainage for Parcel I will be conveyed in an easterly direction to Camellia Drive. Drainage for Parcel 2 will be conveyed in a southerly direction to Yucca Drive. The proposed drainage meets applicable engineering design requirements, and the design will not cause public health problems for the proposed subdivision nor for adjacent properties. 7. Will the design of the subdivision or the ope of improvements conflict with allY ellsemelllS, acquired by the public at large, for access through or use of property within the proposed subdivision? The design of the subdivision and the proposed improvements will not conflict with any easements. A 5-foot wide easement for public utility lines exists along the north 5 feet of Parcel I, and the building pad has been designed so that it will not conflict with that easement. All documentation relating to easements will be reviewed and approved by the City Engineer. CONCLUSION The proposal meets the standards required to make the Findings of Fact for approval of Tentative Parcel Map No. 16880. RECOMMENDA nON Staff recommends that the Planning Commission approve Tentative Parcel Map No. 16880 based upon the Findings of Fact contained in the Staff Report, and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). . . e PM No. 16880 Meeting Date.. April 5, 2005 Page 5 Respectfully Submitted, /fdtW;1/, ~ r 0F James Funk ' Director of Development Services " C'- '..--- -':::.c_.-..,;.;:~ t :: Brian Foote Assistant Planner Attachment A Attachment B Attachment C Attachment D Location Map Site Plan Conditions of Approval Standard Requirements ATTACHMENT A . CITY OF SAN BERNARDINO PROJECT: TPM 16880 . PLANNING DIVISION (SUB 04.24) LOCATION MAP LAND USE DISTRICTS HEARING DATE: 3/22/05 u NORTH ATTACHMENT B-SITE PL~ PM No. J 6880 Meeting Date: April 5. 1005 Page 7 I e e - fOTAL AREA - 0.55 ~ET ACRE~ 1'lL'~IlEf! Cf Wr.::: 2 IN THE CITY OF SAN BERNARDINO TENTATIVE PARCEL MAP NO. iM. 2 fi 2005 16880 lTY OF AN BER~ RJINQ OEvhO 'v1ENT SERV!CES '11' AFlTholEN'" BEING A SUBDIVISION OF LOT 257. DEL ROSA ESTATES. TRACT NO. 2901 RECORDED IN BOOK 40. PAGES 70-75. RECORDS OF THE COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA M:CHAEL A D1JFfY P ,LS 5113 SEP7EMBER 2004 "~9.:t. ~",'.. ']~ oc < N 39TH STREET I 265 -\ L-----~ I I ~ -- -- -- I i i ,-------- -- I I I I < N 253 264 I , t---~~- 254 263 i--- , 262 255 kJ .2/ 1:,' Cc:; .. Q! , r-- ---~ I 261 ~-'\"'--- I i <::f 'Wi \' ~I =-1 : 1;1<.'J zr-----------<~ ~il~!. ,.~ I,' g, < , 260 ",'" I'" " . " iZI J....~ ; ,,-.~--'" 1.......1 ~["'"A1NI"G ,.~---- -----_- '_ ~ Pl't. ' '~~ ~~ ___ _ __ ---L ---";"-"i6'~'E-' -9-'-l", 'lF~,! 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P.H No. 16880 A1eeting Date: April 5, 2005 Page 8 ATTACHMENT C CONDITIONS OF APPROVAL Tentative Parcel Map No. 16880 I) This approval is for subdivision of 24, 190 square feet into two residential parcels. Parcel I will be 11,790 square feet and Parcel 2 will be 12,400 square feet. 2) Within two years of this approval, the filing of the final map or parcel map with the Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map or parcel map shall be filed without first processing a new tentative map. The City Engineer must accept the final map or parcel map documents as adequate for approval by Council prior to forwarding them to the City Clerk. The date the final map shall be deemed filed with the Council is the date on which the City Clerk receives the map. Expiration Date: APRIL 5, 2007 3) The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant up to three extension of time not to exceed 12 months each, pursuant to Development Code Section 19.66.170 and the State Map Act. The review authority shall ensure that the project complies with all current Development Code provIsIOns. 4) In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to .defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Tentative Parcel Map is rescinded or revoked, whether or not at the request of applicant. 5) Each of the new parcels created by this subdivision shall have separate utility connections and separate utility meters. 6) Development of the residential units will require approval of separate building permits. . . . Pkt AD. t 6880 A/cering Dare April 5. 2005 Page 9 7) When the dwellings are developed. a 4'xll' concrete pad shall be required for each parcel to store refuse containers. This pad shall be screened from public view, and shall have a four (4) foot paved path of access to the street (which may include the driveway). The location and size of this pad shall be reviewed and approved by the Public W orks/ Engineering Division during review of the building permit application. 8) Any change in elevation or building pad height of 6 inches or more along the perimeter of the tract/parcel map will require approval by the Planning Commission. Any change in elevation or building pad height of I foot or more on interior lots will require approval by the Planning Commission. The applicant's/owner's engineer will certify the elevation of the building pads to the City Engineer, prior to construction of the building foundation. 9) This permit or approval is subject to the attached conditions or requirements of the following City Departments and Divisions: a. Development Services Department - Public Works / Engineering Division b. Development Services Department - Building / Plan Check Division c. Fire Department d. San Bernardino Municipal Water Department End a/Conditions a/Approval . . e ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department - Public Works Division Standard Requirements Description: Create Two SFR Parcels Applicant: Jess Corral Location: northwest Corner of Yucca and Camelia Drives Case Number: Tentative Parcem Map No. 16880 1. Drainal!e and Flood Control a) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. b) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. c) The applicant shall Water Quality Management Plan (WQMP). The plan shall be approved by the City Engineer, prior to issuance of any permits authorizing land disturbing activities. (Refer to the City's web page at W\,'w.ci.san-bernardino,ca.us - Departments - Development Services - Public Works for templates of these plans). d) Prior to issuance of a grading permit, the City Engineer shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. . . e project: Create T'A'o SFR Parcels Case No. TPM 16880 Page 2 of7 2. Gradinl! and Landscapinl! a) If more than I' of fill or 2' of cut is proposed, the site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) Pad elevations shown on the rough and/or precise grading plan shall not vary more than 0.5 feet from the pad elevations shown on the tentative tract map and approved by the Planning Commission. c) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Development Services- Planning Division prior to issuance of any grading or site development permits. If more than 5,000 cubic yards of earthwork is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 7012(c) of the uniform Building Code. d) e) If more than 1,000 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. f) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). g) One 4' x 11' PCC pad at least 4" thick shall be provided in the rear or side yard area of each lot for storage of recycling containers. The pad shall be screened from public view and a 3' wide concrete walkway shall be provided from the driveway to the pad. All gates along the access way shall have a clear width of 3'-6" minimum. A minimum clearance of 3 feet shall be provided around the pad. Retaining walls, block walls and all on-site fencing shall be designed and detailed on the On-site Improvement Plan. This work shall be part of the On-site Improvement permit issued by the City Engineer. h) . . e J'roject: Create Two SFR Parcels Case No. TPM 16880 Page 3 of7 All walls shall be constructed of decorative block with architectural features acceptable to the City Planner. All fencing shall be shown and detailed on the on-site improvement plan. Interior fencing material within 5 feet of the structure shall be either non- combustible or I-hour fire rated. Vinyl fencing is not allowed within 5 feet of the house. 1) All fencing in the high fire zones shall be non-combustible. m) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. n) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The Real Property Section for execution by the property owner and shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of $200.00 shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. i) j) k) 3. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable. b) Each parcel shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. e) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. t I' ~" -, . . . g) t'roject: Create Two SFR Parcels Case No. TP\116880 Page 4 of7 Utility services shall be placed underground and easements provided as required. h) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets where the street is not being repaved as part of the required improvements. j) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non- subdivisions) or Section 19.30.110 (subdivisions). 4. Mappinl! A Parcel Map based upon field survey will be required. All street names shall be subject to approval of the City Engineer prior to Map approval. Additional survey and map information including, but not limited to, building setbacks, flooding and zones, seismic lines and setbacks, geologic mapping and archeological sites shall be filed with the City Engineer in accordance with Ordinance No. MC-592. If this Map is located in an Assessment District and the assessment has not been paid off, the subdivider shall submit an apportionment application to the Real Property section of the Public Works Division. Application forms can be obtained from the Real Property Section at (909) 384-5026. e) Assessment District Apportionment Fees: a) b) c) d) . Parcel Map of 4 or fewer Parcels - $1, I 00.00. . Final Maps or Parcel Maps of more than 4 Parcels - $2,250.00 plus $25.00 for each final assessable lot or parcel. 5. Improvement Completion a) Street, sewer, and drainage improvement plans for the entire project shall be completed, subject to the approval of the City Engineer, prior to the Map recordation. a) If the required improvements are not completed prior to Map recordation, an improvement security accompanied by an agreement executed by the developer and the City will be required. ~" . . . b) I'roJeet: Create Two SFR Pateels Case No. TPM 16880 Page 5 of7 Street light energy fee to pay cost of street light energy for a period of 4 years shall be paid. Exact amount shall be determined and shall become payable prior to map recording. 6. Street Improvement and Dedications a) All public streets within an adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to traffic signals, traffic signal modifications, relocation of public or private facilities which interfere with new construction, striping, shall be accomplished in accordance with the City of San Bernardino "Street Improvement Policy" and City "Standard Drawings," unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures." Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. b) Construct sidewalk adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). a) Construct Handicap Ramps in accordance with City Standard No. 205 at all curb returns within and adjacent to the project site. Dedicate sufficient right-of-way at the corner to accommodate the ramp. b) Construct Driveway Approaches per City Standard No. 204, Type II, including Handicap by-pass. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. i) All Curb return radii shall be 25 feet minimum. "\ .' ,,; . . e k) froject: Create Two SFR Parcels Case No. TPM 16880 Page 6 on Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-I and SL-2. 7. Required Enl!ineerinl! Plans a) The rough grading plan may be designed and submitted in combination with the precise grading plan. b) All public improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. Grading and on-site improvement plans may be submitted on either 24" x 36" or 30" x 42" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. c) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. d) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2000, and shall be submitted at the same time the final mylar drawings are submitted for approval. e) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site hlll'l: \\ \\'\\'.ci.sall-bernardillo.ca.us sitc'pw/dcfault.lllm 8. Required Enl!ineerinl! Permits a) Grading permit (If applicable.). b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. c) Off-site improvement construction permit. 9. Applicable Enl!ineerinl! Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated fee for each set of plans will be required at time of application for plan check. b) The current fee schedule is available at the Public Works Counter and at http: \\\\'\\.C i. san -bcmanl i no.ca.lIs; sitCo\J\v; dcfaltlt. htm . c) ~roject: Create Two SFR Parcels Case No. TPM 16880 Page 7 of7 Please check with the development review section of the Public Works Division at 909-384-5110 for current in-house plan check turn-around times. d) Expedited plan checking is available. A deposit in the amount of 150% of the estimated plan check fee for each set of plans will be required at time of application for expedited plan check. . e . City of San Bernardino STANDARD REQUIREMENTS Development Services/Plan Check Division w Property address: DRCICUP/DP: I PIli - ! 0 S g () DATE: I / /" ri ,..-- ! -/ j - 1./5 NOTE; NO PLANS WILL BE ACCEPTED CHECK WITHOUT CONDITIONS OF IMPRINTED ON PLAN SHEETS. Submit 6 sets of plans, minimum size 18" x 24", drawn to scale. If plan check is for expeditious review, submit 6 sets. The plans shall include (if applicable): FOR PLAN APPROV AL a. b. . c. d. e. f. g. h. i. site plan (include address & assessors parcel number) foundation plan floor plan (label use of all areas) elevations electrical, mechanical, & plumbing plans detail sheets (structural) "" cross section details show compliance with Title 24/Accessibility (disabled access) a plan check deposit fee will be required upon submittal of plans. Call Development Services (plan check) 909-384-5071 for amount. 1. The title sheet of the plans must specify the occupancy classification, type of construction, if the building has sprinklers, & the current applicable codes. 2. The person who prepares them must sign the plans. Also, provide the address & phone number of that person. Some types of occupancies require that the plans are prepared, stamped, and signed by an architect, engineer, or other person licensed by the State of California. 3. For structures that must include an engineers design, provide 2 sets of stamped/wet signed calculations prepared by a licensed architect/engineer. 4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance forms are required to be printed on the plans. e 5. Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more information, phone 909-384-5111. " 300 N 'D' Street San Bernardino CA 924\8 909-384-5071 Office 909-384.5080 Fax . . . 6. Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire Department for plan check approval and permits. For information, phone 909-384-5388. 7. Signs require a separate submittal to the Planning Division for plan check approval and permits. For information, phone 909-384-5057. 8. Restaurants, food preparation facilities, and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information, phone 909-387-3043. 9. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist offices, food preparation facilities or processing plants, etc. may require approvals and permits from San Bernardino Water Reclamation. For information, phone 909-384-5141. 10. An air quality permit may be required. Contact South Coast Air Qualit)' Management Division for information, phone 909-396-2000. 11. State of California Business & Professions Code/Contractors License Law requires that permits can be issued to licensed contractors or owner-builders (that are doing the work). Contractors must provide their State license number, a city business registration, and workers compensation policy carrier & policy number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMA TEL Y 4-6 WEEKS FOR 15T CORRECTIONS, EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING DA YS, THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS, Comments: 300 N 'D' Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case: 7P'.1 !(B,Q". Date: /1/3/05 Reviewed By: r PI \/Vc..r::A ~CANe:U-IH 'Dr<. .GENERAL REQUIREMENTS: o Provide one additional set of construction plans to Building and Safety for Fire Department use at time of pian check. o Contact the City of San Bernardino Fire Department at (909) 384.5585 for specific detailed requirements. o The developer shall provide tor adequate fire flow. Minimum fire flow requirements snail be based on square footage, construction features, and exposure infonnatton suppUed by the developer and!!!!:!!! be available m:I5!! to placing combustibJe matenaJs on slle. WATER PURVEYOR FOR FIRE PROTECTION: ~ The fire protection water seMel for the 8rea of this project is provided by: 'ii'I . San Bernardino Ml.Ilicipal Wofor Departmom-€nginoering (909) 384.5391 Ll Eost Volley Water Diotrict-Enginoering (909) ~9B6 o 0tJ'ler Water purveyor: Phone: PUBLIC FIRE PROTECTION FACILmES: Rf:.9\JtRCD -ro j)~f~'-t:..n':'; 07AR1 Ca.<.7RI/cr-/O;! ~ Pubtic fire hydrants are required akM1g streets at InteIVaJs not to exceed 300 feet for commercial and multi-residential areas and at interva!s not to exceed 500 feel for _ oreu. 1i1 Fire hydrant minimLm flow rates of 1.500 gpm at a 20 psi minimum residual pressure are required tor commercial and multi.resk:Jenbal areas. Minimum fire ~ hydrant flow rates of 1.000 gpm at a 20 psi minimum residual pressure are required for residential areas. Fire hydrant type and specifIC toeation shalt be jointty detennined by the City of San Bernardino Fire Department in conjunction with the water purveyor. Fire hydrant motorials and installation sholl confonn to tho _rds and specifications of 1110 water pulVeyor. tr Public fire hydrants, fire services. and public water facilities necessary to meet Fire Department requirements arB the developer's financial responsibility and 7\ shaH be installed by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional infonnation. ACCESS: o Provide two separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved, all weather. o Provide an access road to uch building for tire apparatus. Access roadway shall have an ail-Mather driving surface of not tess than 20 leet of unob- stnJctod width. o Extend roadway to >Mthin 150 feet of all portions of the exterior wall of allsingte story buildings. ~ Extend roadway to within 50 feet of the exterior waY 01 aU mu.:l~story buildings. . Provide "NO PARKING- signs whenever pal1c:lng of vehicles would possible reduce the clearance of access roadways to less than the required width. Signs .roto read "FIRE LANE---NO PARKlNG-M.C. Soc, 15.1'". , Dead-end streets shall not exceed 500 feet in Jenglh and shaH have a minimum 40 loot radius turnarcund. o The names of any new streets (public or private) shaU be submitted to the Fire Department for approval. SITE: o All access roads and streets are to be constructed and usable prior to combustible construction. o Private fire hydrants shaU be instalhKt to protect each building located more than' 50 feet from the curb line. No fire hydrants should be 'Nithin 40 feet of any exterior watl. The hydrants shall be Wet Barrel type, Ytfth one 2Y.t inch and 4 inch outlet, and approved by the Fire Dapanment. Areas adjacent to tire hydrants shaU be deaignaled as a "NO PARKING- zone by painting an B inch wide, red stripe for 15 feet in each direction in front at the hydrant in such a manner that it will not be btockec:l by paricedvehickts. lettering to be in white 6- by 1,.2-. BUilDINGS: o Address numerais shall be installed on the building at the front or other approved location in such a manner as to be vislola from the frontage street. Com. mercial and mutti family address numerals shaft be 6 inches tall, singte famiiy address numerals shall De 4 inches tall. The co~r of the numerals shall con- trast wiII1 tho color of tho bod<gltlUnd, o ldontily eocl1ll1l1 and _ moter with tho number 01 tho uM ~ SOlVes. .- o Fire extinguishers must be instaPed prior to the building being occ:upted. The minimum rating for o:1'f. fire extinguisher is ~A lOS/C. Minimum distrlbution of fire extinguishers must be such that no interior part of the building is over 75 leet travel distance li(:;.,n 3 Iii':; extinguisher. o Apartment houses 'Itith 16 or more unu, hole!s (motels) with 20 or more units, or apartments or hotels (mo!els) three stories or more in height shall be equipped with automatic tire sprtnkJers designed to NFPA standards. o All buildings, over 5.000 square feet, shall be equipped 'Nith an automatic fire sprinker system designed to NFPA standards. This includes existing buildings vacant over 365 days. o Submit pmns for the fire protection system to the Fire Department prior to beginning construction of the s)'stem. Fennit required. o Tenant improvements in aM sprinklered buildings are to be approved by the Are Department prior to start of construction. Pennit required. o Provide fire alann (required throughout). Plans must be approved by the Fire Department prior to star. of IOstallation. Permit required. o Fire Department coM8Ction to sprinlder system/standpipe system. shall be required at Are Department approved location. 8 Fire Code Penn~ required, apply ot 200 east Jrd streot. (909) 384-5388. Fire Sprinkler monitoring required. Plans must De approved by the Fire Department prior to the start of co~truction. Permit required. Note: The applicant must request, in writing, any changes to Fire Department requirements. ADDITIONAL INFORMATION: FPEll10(02.Q3) .N BERNARDINO MUNICIPAL WATER REPARTM~ STANDARD REQUIREMENTS DRC/ERC Case: TENTATIVE PARCEL MAP NO 16880 (SUBDIVISION NO 04-24) ., NUMBER: .., NUMBER REVIEW OF PLANS: 155-051-01 OWNER DEVELOPER TYPE OF PROJECT: NUMBER OF UNITS: LOCATION: TENTATIVE PARCEL MAP NO. 04-24) Sanjeet Niliar Jess Corral 16880 (SUBDIVISION NO. DATE COMPILED: 1/12/2005 COMPILED BY. Nevarez, Mike o Northwest corner of Yucca and Camellia Drives WATER DEPARTMENT ENGINEERING: CONTACT: Litchfield, Matthew PHONE NUMBER: (909) 384-5386 FAX NUMBER (909) 384-5532 Note; All Water Services are Subject to the Rules .Regulations of the Water Department "";,j Size of Main Adjacent the Project 8" Steel in Yucca Drive, 8N Steel in Camellia Drive ~: Approximate Water Pressure ~ Elevation of Water Storage: Hydrant Flow@ 20psi: ~ Type, Size, Location and Distance to Nearest Fire Hydrant 2 Way at the northwest corner of Yucca Drive and Camellia Drive =- Water Supply Study Required = Pressure Regulator Required on Customer Side of the Meter =~ Offsite Water Facilities Required Water Main Reimbursement Due Area Not Served by San Bernardino Municipal Water Department "ii Network Hydraulic Analysis Required per Uniform Design Standards Comments: WATER QUALITY CONTROL CONTACT: Arneta, Con PHONE NUMBER: (909) 384-5325 "";j RP.P. Backflow Device Required at Service Connection for Domestic Service _ Double Check Backfl.OW Device Required at Service Connection for Fire and Irrigation . Backflow Device to be Inspected before Water Service can be Activated No Backflow Device IS required at this time FAX NUMBER: (909) 384-5928 SEWER CAPACITY INFORMATION CONTACT: Thomsen, Neil PHONE NUMBER: (909) 384-5093 FAX NUMBER: (909) 384-5592 Note: Proof of Payment Must be Submitted to the Building _Safety Department Prior to Issuance of the Building Permit Sewer Capacity Fee Applicable at this time __ Sewer Capacity Fee must be paid to the Water Department for Q Gallons Per Day: Equivalent Dwelling Units: Q ~ Subject to Recalculation of Fee prior to the Issuance of Building Permit == Breakdown Of Estimated Gallons Per Day COPY TO: Customer; Planning; Engineering e Wednesday, January 12, 2005 EPN 2000 Page 1 of 1 Appeal No. 05-12 Hearing Date: June 6. 2005 . EXHIBIT 3 - LETTERS TO PLANNING COMMISSION [This page intentionally left blank] . . ~.... ../ . . e March 28, 2005 PLANNING DIVISION cm HALL 300 N. 'D' STREET SAN BERNARDINO, CA 92418 RE: SUBJECT: Tentative Parcel Map. No. 16880 (Subdivision No. 04-24) HEARING DATE & TIME: Tuesday, April 5, 2005, @ 7 p.m. This letter is submitted IN OPPOSITION to the proposal to build 3 single family dwellings at the northwest corner of Yucca and Camellia Drives in the RS, Residential Suburban land use district. My address is 3850 Camellia Drive and is the property immediately north of the lot in question. I OPPOSE the construction of the proposed 3 single family dwellings for the following reasons: 1) LOSS OF VALUE This neighborhood is a low density home area with "ESTATE SIZE" lots. I bought by home specifically because of the considerable distance between homes due to low density housing. The value of my home will be diminished with the proposed change. 2) LOSS OF PRIVACY. The Del Rosa Estates development is a quiet neighborhood of singie family dwellings. I do not want 3 homes built immediately south of my house where only one home stood when I bought into this neighborhood. 3) LOSS OF PEACE OF MIND. My home was purchased 9/4/03 and is one of the very few homes that escaped the "Old Fire" catastrophe (10/03). My home is my DREAM HOME and is where I plan to retire. I am a single person who has worked my entire life to secure a home with property. I am not wealthy and am in no position to move. 4) PEOPLE AND TRAFFIC CONGESTION. The subject lot has had 1 single family dwelling since the development of Del Rosa Estates. Approval of building 3 single family dwellings increases traffic and noise pollution times three. . . . . f) I've watched my neighbors rebuild their homes that were lost in the "Old Fire". Please consider the reasons the burned out neighbors have returned. The Del Rosa Estates neighborhood is a jewel both to those of us who have homes here and for the City of San Bernardino. I have no desire to retain counsel to block this proposal by means of litigation. My home is my only asset. I will fight legally against this proposal on my own or with my neighbors. The City of San Bernardino has many lots available for a developer who wishes to build high density housing. I ask that you do not approve the proposed request to subdivide this lot so the developer can get rich while destroying my neighborhood. My investment, my peace of mind and my privacy will be forever lost. Thank you for considering the views of this homeowner. Sincerely, Nancy Johnson 3850 Camellia Drive San Bernardino, CA 92404 (909) 883-6735 ,,,.:-, . \far,;\130, 200S oorn@rnow[g@ APR 0 1 2005 Cily of Sail Btmal'dillO Djvjlop,Ujlll Soli \'i~~. D~pl. Plonnins D"I'I. 300 N\), D. St. SllD Bomardil1l1. C'a 92<118 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT De:" Si.... Relalive 10 Y<lllr Itlter ~oncemillg paI1i.111lJ.'lp no. 16880 Our IlOYtli,'n is agaillYlllUb di\1dlng Illly property iulo less thanlhe one lulil il iOI1<"", We IOSI 411 of our PI'O';:.S,"OIl. ill the tire. a life tillle of.\~,;:\uu\llatiol1. and tho1 .ub divisi<lll 1'I,qu..I.<1 would \ow.1' our pi "p.tty l'alueiSlInd ch.1nge the teel of Ill. nelgllborhood for theWOl'S1 Tile 101 jlliSlnorth "hiS has bee!1 devellll'.d by a Wl'e>lloc who has buill a large Iw(> ol,'rl' l\\lUYe Ihal blocks 11\001 of our vitw llflhe mounlains and has buill a LIllie "I"lairo lll'rcb thilt o\'olrlook. our ho~k yard, So We II.1\'jlool O\1r priva,;:y too! W. .....o\1ld haw lik.d to lUlVe bad a Vole on this lot alw, To .um "1': PLEASE LEA YE THE ZON~G AS IT HAS BEE~ O~ THIS LOT . Tl1.11lk )'011. [)0I1W1 F~..,/ \ , V! 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(llf)-)1'1..L /!r /:J- .D/' ~11 ~- (!JJ-~)11'-fj/I',4 j),.{:., J ~ fr(ji13 ; Y Vi5t!-froUL of /--h Is Pro j Lct orJ tpf?...j1l~/I(~ / (tieL I~ DrtL .f hMLrYM-/Wi _ 1-~, c?s- . . rnrn@rnowrnw APR 0 5 2005 crrv OF SAN BERNARDINO DEVELOPMENT SERV1C~S DEPARTMENT ip\1\ \ D- '2 OO~ e -r COm~e1-\\J d\bC8feS -\0 '00\ \d 6 \-"t)me3 \n CQXy\€l\ \L\, C\f\c- rCX;::C\-vne\D m LcG\t} \-0 60 \\-~ we c\o{\-\ S(e'f'ff\\n C\C'f-C0e~ \-\JY\f\S I GLhe{') .me ~\ fe{' OCCL, -F' X'd \ (\ '-tn\S OS:~t\ Ct:CWY\ e o~ -tY,€fY\ We ('e bC\UeC tecc\uf::t:;. .i1\ef'e lc.t10 t\\08rl 'D?cAce \() pu~-tne ~\'\e oUry. .\Of .~\\ t C,,,e ffiC\f\ e--\.o U-J[)..'0'-'1\ G\....;\W\ ( \: 0 \)G\-me ~\'f'C' au\-. u~\J \2; c\\\o GC\~\(\e \~ DUe \YO 67 2Jo Lt:\ e,e flc\c\ . Q'\.' ~rn@rnDwrn@ I\PR 0 5 2005 em- Of SA.N B!:)INIo,H;.;INC O'FV€LOPMEN, SeRVICES '1I"~Uf"- e EXHIBIT 4 - APPEAL '~'-'7~ I') , CITY OF SAN BERNARDINO Development Services Department, Planning Division 300 North "E" Street. 3rd Floor San Bernardino. CA 92418 Phone (909) 384-5057 . (909) 384-5080 Web address: www.sbcity.org APPLICA nON FOR APPEAL APPEAL FROM A DECISION OF THE (check one) o Development Services Director o DevelopmentlEnvironmental Review CornmilteeA -p 0 r ~ 1"2- Q. Planning Commission '7 Casenumber(s): ~'n~TI'vc ~AC~L ;WAf> ;)0. /oJ>86 , Project address: ;?fZo l/uccFJ ])/<.. >,<JP8C~Nt1/QD/~(J, C.^ / Appellant's name: \:) j;:' ,,', Co (;c (< f1 L Appellant's address: :ZZ,f6 L&f.< oy 5(.#8" 5A~f3ct2.IUI4f/.'lJIIv'~. er'lctzC;(J'-j Appellant's phone: .1 (5) '? () 0 ~ J II ~ . pellant's e-mail address:j-lC:.aMIi!- ,CD Ao L . ~ /l.1 . \ ~ I Contact person's name: \..1 E-Ss; . -"11<1< ~ L Contact person's address: 22. R ~ L~ 1Z ~v ST' IF,y c:;//;U E€(I..-1/HI'iDIJ.;~./.:'A rLCff; Contact person's phone: ;;, ( 3) ') ( 'n - f') I c; Contact person's e-mail address: // Co 114..13 ~ 40 L .~ IVl Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form within 15 days following the final date of action. accompanied by the appropriate appeal filing fee. .-\ppeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be nOllfied, in writing. of the specific date and lime of the appeal hearing. OFFICE l'SE O:\'L Y .dte appeal filed: 6. if/ / '1 / L c' c" ~' . c"/) ;J /J' tj /7(~', ReceIved by: / /--(f AZ, , I - .~ " /-- ; -' 11104 EXHIBIT 4 - APPEAL REQUIRED INFORMATION FOR AN APPEAL .:ific action being appealed and the date of that action: r;:,c,c 11 r-rACt-. M~tV7 Specific grounds for the appeal: <;:' 13 t: /4 'f'rtl c t( M ~ ;.I -r Action sought: 'S: lEe A{lAcMM~;./ r . Additional information: SE~ ;;/ -r -r A elf jV/ r:= If- r . Signature of appellant: (~ " Date: r/~hS- 11/04 EXHIBIT 4 - APPEAL . Specific action being appealed and the date of that action: Findings No.2 and 4 ofthe Planning Commission Report dated April 13, 2005 for Tentative Parcel Map No. 16880 (Subdivision No. 04-24) that states that the proposed subdivision will not be retain the scale and character of the existing residential neighborhood and not be suitable for two single-family lots. Specific grounds for the appeal: There is a recent re-subdivision ofIots in the same block as Tentative Parcel Map No. 16880 at the comer of 39th Street and Camellia Drive which has subdivided two existing lots into three lots, one of which is smaller than the two proposed in this application. There are five other lots that are 14,625 square feet which are much closer to the size of the two proposed lots than the remaining six lots in the block that average about 19,500 square feet. In the block directly south ofthe proposed subdivision, nine lots average 9, I 00 square feet and eight lots average 11,000 square feet, all of which are the same size or smaller than the proposed lots. . In the block directly to the southeast of the proposed subdivision you fmd the same pattern, nine lots averaging 9,600 square feet and eight lots averaging 11,000 square feet. Addressing the concern raised during the Planning Commission Hearing, the possibility for several future subdivisions of the same nature as the one proposed in Tentative Parcel Map No. 16880 does not exist. There are no other lots, out ofthe 60 lots that exist within 500 feet of the project site, that can be subdivided and still meet the all of the existing minimum lot dimension and acreage requirements. This is the only lot that can and does meet the minimum city requirements in the area. Action Sought: That Tentative Parcel Map No. 16880 be approved for a two-parcel subdivision as submitted. Additional Information: The applicant believes that if the City would have advertised the proposed subdivision correctly as a two-parcel division, instead of incorrectly as a three-parcel division, the public comments about the proposed subdivision would have been drastically minimized. . feu" . ..' .--, "'11/ '/!:;://!;y;, .... (C/ " /. ~hael,IA. Duffy, PLS ~ C~Mfj'CA^T i'.~\fD~~\7( :, ~\~..- .....~,..'l. 0%'?-"c..L A c'~.? ~~-+ G'~l' r:::! ......' ,-. - .~~ ...(\ 0 J' ... ...~ ..L. ;:",) ;. 1.55113 '~F1.R~"TlOiJ ~."I:l}ir 'yJ:;, ~ 1,,/ Ii ,4~~___~.~\". ~..()!'" (,~\\,;'-'; -,-'--~~...;.-'" .// . e . EXHIBIT 5 - PLANNING COMMISSION MEMORANDUM CITY OF SAN BERNARDINO Development Services Department - Planning Division Memorandum To: Planning Commission Brian Foote, Assistant Planner~8 From: Subject: Agenda Item No. I - Tentative Parcel Map No. 16880 (Subdivision No. 04- 24) Date: April 13, 2005 Copies: James Funk, Director, Development Services; Heruy Empei'io, Deputy City Attorney At the Planning Commission hearing of April 5, 2005, staff presented the proposed Tentative Parcel Map No. 16880 Findings and a recommendation for approval. The Planning Commission discussed the merits ofthe project and stated concerns about suitability of the site for the proposed subdivision. The Planning Commission stated their intent to deny the application and continued the item to April 19, 2005, for staff to return with revised findings for denial. Two Findings of Fact contained in the Staff Report have been modified, per the Planning Commission discussion of the proposed subdivision at the April 5, 2005, Planning Commission hearing. AI; modified, Findings Nos. 2 and 4 cannot be made. According to Section 19.66.150(3) of the Development Code, the proposed subdivision must be denied if all of the Findings of Fact cannot be made. RECOMMENDATION That the Planning Commission deny Tentative Parcel Map No. 16880 (Subdivision No. 04- 24) based on the Findings of Fact contained in this memorandum. , . Page 1 . . . EXHIBIT 5 - PLANNING COMMISSION MEMORA.NDUM 1 /s the proposed map consistent with the General PlalZ and Development Code) Yes, the proposed parcel map is consistent with the General Plan and Development Code as shown in Table 'A' The proposed parcels will meet the minimum requirements for lot size, lot dimensions, and access. TABLE 'A' - DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL PLAN [ Permitted Use Single-family parcels Permitted Consistent i I Lot Area 11,790 square feet (min.) 7,200 square feet (min.) n/a Lot Width 95 feet (min.) 60 feet (interior lots) in/a 66 feet (comer lots) Lot Depth 123 feet (min.) 100 feet In/a Lot Coverage n/a 35 % (max.) nla 2 standard means of access Access 2 existing public streets nla 2. /s the design of the proposed subdivision cOllSistent with the General Plan? No, the proposed subdivision will not be consistent with all of the policies and objectives contained in the General Plan. The project is not consistent with Objective 1.8, which requires subdivisions to retain the scale and character of existing residential neighborhoods. Existing parcels to the north (on the same block) and to the east average between I/3- and y,-acre each. Therefore, the proposal will not retain the scale and character of the properties that are adjacent to the proposed subdivision. 3. /s the site physically suitable for the type of proposed development) The tentative parcel map conforms to the Development Code's subdivision design standards for minimum lot size, lot area, and access. Both proposed lots contain sufficient building pad areas, and future dwellings will be able to meet the required yard setbacks. The slopes that will be constructed in the front and side yards will be similar to the existing slopes on surrounding properties. Connecting to the existing infrastructure will provide water, sewer, drainage, and utility services to the parcels. . Page 2 . e e EXHIBIT 5 - PLANNING COMMISSION MEMORANDUM The site is located within the boundaries of the Alquist-Priolo Special Studies Zone for known active faults. However, at least two geological reports previously produced for adjacent properties detennined that no evidence of faulting occurs in the vicinity, on the surface or underground. Report Nos. 43 (06/24/77) and 128 (12/28/83) concluded that no geologic features existed that would prevent development of the properties. because the nearest active fault trace is located approximately 1,300 feet to the northeast. The two properties evaluated by those geologic reports are located 300 and 500 feet, respectively, northwest of Tentative Parcel Map 16880. Report No. 43 referred to the location of Tentative Parcel Map 16880, by stating that the geologist did not observe any surface disturbances in the vacant lot to the east. Theretore, staff did not require further geotechnical analysis on the project site. 4. Is the site physically suitable for the proposed density of development? No, the site is not physically suitable for two single-family lots. The proposed subdivision would create two lots that would be approximately half the size of existing parcels on the same block. Therefore, the proposed subdivision will not have a densit:- and physical design that would be compatible with adjacent properties on the same block. 5. Is the design of the subdivision likely to cause substantial environmental damage. or substantially and unavoidabZv injure fish or wildlife or their habitat? No, the proposed subdivision is not likely to cause any environmental damage, and is not likely to injure fish or wildlife or their habitat. The proposed subdivision is exempt from the California Environmental Quality Act (CEQA) per Section 15315 for Minor Land Divisions. 6. Is the design of the subdivision likely to cause serious public health problems? No, the subdivision is not likely to cause serious public health or safety problems. The location of the subdivision is not within or near any Foothill Fire Zone. However, four homes adjacent to the project site had been destroyed during the conflagration that occurred in October 2003. The homes that will be constructed in the future will have fire-resistant materials, as required by the current California Building Code as well as Chapter 15.11 (Building Safety Enhancement Area Building Standards) of the San Bernardino Municipal Code. Implementation of these standard requirements will lessen the likelihood of serious public health and safety problems. Drainage for Parcel I will be conveyed in an easterly direction to Camellia Drive. Drainage for Parcel 2 will be conveyed in a southerly direction to Yucca Drive. The proposed drainage meets applicable engineering design requirements, and the design will not cause public health problems for the proposed subdivision nor for adjacent properties. . Page 3 . . e EXHIBIT 5 ~ PLANNING COMMISSION MEMORANDUM 7. W1I1 the deslglI of the subd/l'lSlO1I or the lipe or IIIlprm'emel1lS eOIlTher \\1111 Wi., easemel1lS, acquired by the public at large, for access through or use of propern' withill tlte proposed subdivision? The design of the subdivision and the proposed improvements will not conflict with any easements. A 5-foot wide easement for public utility lines exists along the north 5 feet of Parcel I. and the building pad has been designed so that it will not contlict with that easement. All documentation relating to easements will be reviewed and appro\"Cd by the City Engineer. . Page 4 . Exhibit 6 - Lot Sizes in the Surrounding Area Parcel Number Use Description Site Address Size* (acre) 0155-051-01 SFR 1430 YUCCA DR 0.55 0155-051-02 SFR 1420 YUCCA DR 0.45 0155-051-03 SFR 1410 YUCCA DR 0.48 0155-051-04 SFR 3845 MOUNTAIN AVE 0.33 0155-051-05 SFR 3855 MOUNTAIN AVE 0.33 0155-051-06 SFR 9 MOUNTAIN AVE 0.33 0155-051-07 SFR 3875 MOUNTAIN AVE 0.33 0155-051-11 SFR 3880 CAMELLIA DR 0.47 0155-051-12 SFR 3860 CAMELLIA DR 0.52 0155-051-13 SFR 3850 CAMELLIA DR 0.44 0155-052-01 SFR 3835 CAMELLIA DR 0.3 0155-052-03 SFR 3865 CAMELLIA DR 0.43 0155-052-04 SFR 3885 CAMELLIA DR 0.41 0155-052-14 SFR 1510 YUCCA DR 0.46 0155-052-17 VAC-VACANT *NO SITE ADDRESS* CA 0.08 0155-052-18 SFR 3855 CAMELLIA DR 0.39 01 55-061-06 SFR 3765 MOUNTAIN AVE 0.2 0155-061-07 SFR 3775 MOUNTAIN AVE 0.2 0155-061-08 SFR 3785 MOUNTAIN AVE 0.2 0155-061-09 SFR 3795 MOUNTAIN AVE 0.2 0155-061-10 SFR 1425 YUCCA DR 0.27 . 0155-061-11 SFR 3780 CAMELLIA DR 0.25 0155-061-12 SFR 3770 CAMELLIA DR 0.24 0155-061-13 SFR 3760 CAMELLIA DR 0.26 0155-062-05 SFR 3765 CAMELLIA DR 0.23 01 55-062 -06 SFR 3775 CAMELLIA DR 0.26 0155-062-07 SFR 3785 CAMELLIA DR 0.26 0155-062-08 SFR 3795 CAMELLIA DR 0.22 0155-062-09 SFR 1485 YUCCA DR 0.2 0155-062-10 SFR 3780 LA HACIENDA DR 0.21 0155-062-11 SFR 3770 LA HACIENDA DR 0.22 0155-062-12 SFR 3760 LA HACIENDA DR 0.23 0155-062-13 SFR 3750 LA HACIENDA DR 0.23 0155-063-07 SFR 3785 LA HACIENDA DR 0.52 0155-063-08 SFR 3795 LA HACIENDA DR 0.62 0155-331-06 SFR 3844 MOUNTAIN AVE 0.2 0155-331-07 VAC-VACANT *NO SITE ADDRESS* CA 0.18 0155-331-08 VAC-VACANT MOUNTAIN AVE 0.2 * BOLD indicates existing parcels that are smaller than the lots proposed by PM 16880. . . @ @ " '" EXHIBIT 6 - LOT SIZES IN THE SURROUNDING AREA , @ o A.3 A~ l,iIl' I I I I -T-- ~ - " o."r\" '" ,,, ,,, : = 01 I @ <;).:,~ .' 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N ~ ~ , o U'UI N ~ N .. @~ e , ... 0 It. ~t1 d'? ... .. : 60) rrJ, ... .. ~ v <. ~.. , o @ ... . ~ t J;; l' I N co .. .. ~ :;: , :: I ... .!:. ". - ~ , , / r-_ II'LI V -< ... ~ ::t:! ~ .. .. ... U'II ... ... \ , \ \ ... I @ ~ ;;:' UI ; . 10' t~1 0 Ii - '< @ ~ ~ co;;: "'Otl 0 ----- 1'06 @ , : II ;;: < ~ , o ~Ol ~ @ ~ ~ 0 tl'UI ~ @ c:-J lfl. 0 LI'rll ~ @ ~ , 0 N .. N ... .. ... 01 I ~ ... O:Hlk- -~- - Ii} . IJ' d"\ t:i -:.. ,<~,( .-,'. "1 011 01 Q =~ ~" ::: -orj 4. :: 't'il' Sl II ~ , 0 ~II ~" @~ . 0 @~ 0 @~ , 0 @:rl , 0 -- - - - lOt , ;;:iI:: ~ !: ;= ~ :t; . Ot~ " ~~ 'Jy gra , , @;: V ~I'O~, ~' @~ ~ @~ . ..~IH ;11. III o . I ~[I ~ ~ _ ""=--,",'".P- "-'-."" "- ,-- " "" --"-""-- OFFICE OF THE CITY CLERK RAcHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino. CA 92418"0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us July 7, 2005 Jesse Corral 2286 N. Leroy Street, Suite 8 San Bernardino, CA 92404 Dear Mr. Corral: At the meeting of the Mayor and Common Council held on July 5,2005, the following action was taken relative to the Appeal of the Planning Commission's denial of Tentative Parcel Map No. 16880, a request to subdivide 0.55 acre into two lots at the northwest comer of Yucca and Camellia Drives in the RS, Residential Suburban, land use district. The matter was continued to July 18,2005 at 6 p.m. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, ~~k~ Rachel G. Clark, CMC City Clerk RGC:lls cc: Development Services Sanjeet Nijjar, 4900 Santa Anita Avenue, #2C, EI Monte, CA 91731 CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty '-1" .. '~~~.',-,.-~' -- OFFICE OF THE CITY CLERK RACHEL G. CLARK, CM.C. . CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.S002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us SM July 25, 2005 Jesse Corral 2286 N. Leroy Street, Suite 8 San Bernardino, CA 92404 Dear Mr. Corral: At the meeting of the Mayor and Common Council held on July 18, 2005, the following action was taken relative to the Appeal of the Planning Commission's denial of Tentative Parcel Map No. 16880, to subdivide 0.55 acre into two lots at the northwest comer of Yucca and Camellia Drives in the RS, Residential Suburban, land use district. The hearing was closed; and the Mayor and Common Council denied the appeal and upheld the Planning Commission's denial of Tentative Parcel Map No. 16880, based upon the April 13, 2005 memorandum to the Planning Commission. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, ~h.~ Rachel G. Clark, CMC City Clerk RGC:lls cc: Development Services Sanjeet Nijjar, 4900 Santa Anita Avenue, #2C, El Monte, CA 91731 CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Intemty . Accountability. Respect for Human Dignity. Honesty