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HomeMy WebLinkAbout08/26/2008PLANNING FILE COPY COMMISSION AGENDA August 26, 2008 7:00 P.M. South Coast Air Quality Management District Government Center Building Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Steve Nelson Tony Torng Kwang Ho Lee Kathleen Nolan Jack Shah Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. if you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21825 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodations) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. DiAPI011D BAR Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: infoa-ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, August 26, 2008 I'T_UD•1 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2008-23 ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice -Chairman Tony Torng, Kwang Ho Lee, Kathy Nolan, Jack Shah 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: July 8, 2008. 4.2 Acquisition of Property — Under the authority of Government Code Section 65402, a request to determine the City's acquisition of approximately 0.36 acres of land located at the southeast corner of Washington Street and Lincoln Avenue is in conformance with the General Plan — APN: 8719-101-14 and 15. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 One Year Time Extension for Development Review No. 2005-14 — Under the authority of Diamond Bar Municipal Code Section 22.66, the applicant has filed a request for an extension of time to obtain Building Permits for the construction of a new single family home approved by the Planning Commission on June 29, 2005 and was granted a one year extension on July 10, 2007. The approved residence is 3,631 square -feet in area with attached garages totaling 4,297 AUGUST 26, 2008 PAGE 2 PLANNING COMMISSION AGENDA square feet on a 13,330 square foot parcel in the R-1 8,000 zone, with a consistent underlying General Plan Land Use designation of Low Medium Density Residential (RLM). The time extension will provide an additional year to secure the necessary permits to begin construction. (Adjourned from August 12, 2008) Project Address: 1198 Chisolm Trail (Tract 37873, Lot 14; APN 8717-026-013) Property Owner/ Mitchell Won, Applicant: 1198 Chisolm Trail Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under section 15303(x) of the CEQA Guidelines (new construction of one single family residence in a residential zone), therefore, no further review is required. Recommendation: Staff recommends that the Planning Commission approve One -Year Time Extension for Development Review NO. 2005-14, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: LABOR DAY HOLIDAY: CITY COUNCIL MEETING: Thursday, August 28, 2008 Government Center/SCAQMD Hearing Board Room 21865 Copley Drive Monday, September 1, 2008. City offices will be closed. City offices will re -open on Tuesday, September 2, 2008. Tuesday, September 2, 2008 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive AUGUST 26, 2008 PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: 11. ADJOURNMENT: PAGE 3 PLANNING COMMISSION AGENDA Tuesday, September 9, 2008 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, September 11, 2008 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive F T MINUTES OF THE CITY OF DIAMOND EAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 8, 2008 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah, Vice Chairman Tony Torng, Chairman Steve Nelson. Also present: Nancy Fong, Community Development Director; Greg Gubman, Planning Manager, Katherine Laufenberger, Planning Consultant, and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of June 10, 2008. C/Lee moved, C/Shah seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSTAIN: COMMISSIONERS ABSENT: COMMISSIONERS 5. OLD BUSINESS: None 6. NEW BUSINESS: None Lee, Shah, Nolan, Chair/Nelson None VC/Torng None JULY 8, 2008 7. PUBLIC HEARING: PAGE 2 '- D ` R 117 -, PLANNING COMMISSION 7.1 ONE-YEAR TIME EXTENSION FOR DEVELOPMENT REVIEW NO. 2005-02 — Under the authority of Development Code Section 22.66, the applicant requested an extension of time to obtain Building Permits for the construction of a new single-family residence approved by the Planning Commission on May 9, 2005. The approved residence is 12,127 square feet in are with attached garages totaling 5,128 square feet on a 34,460 square foot parcel in the R-1 8,000 zone, with a consistent underlying General Plan Land Use designation of Low Medium Density Residential (RLM). The time extension will provide an additional year to secure the necessary permits to begin construction. PROJECT ADDRESS PROPERTY OWNER 3131 Steeplechase Lane (Tract 23382, Lot 2, APN 8713-017-11) Diamond Bar, CA 91765 Liang's Property, LLC 2218 San Gabriel Boulevard #3C Rosemead, CA 91771 APPLICANT: Lester Zhou 2218 San Gabriel Boulevard #3C Rosemead, CA 91771 PM/Gubman reported that the applicant was unable to submit mailing labels in time for staff to send the required notices to the affected property owners. As a result, staff recommended the Planning Commission continue this matterto a future date to be determined when mailing labels are made available to the Community Development Department. VC/Torng moved, C/Nolan seconded, to continue this matter to a date to be determined by staff. Motion carried by the following Roil Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT: COMMISSIONERS Lee, Nolan, Shah, VC/Torng Chair/Nelson None None 7.2 DEVELOPMENT REVIEW NO. 2007-31 — Under the authority of Development Code Section 22.48, the applicant requested to construct a JULY 8, 2008 PAGE 3 C1)lr--T PLANNING COMMISSION 6,587 square foot single-family residence and attached 765 square foot garage on an existing 3.02 -acre lot, zoned Rural Residential (RR) with a consistent underlying General Plan Land Use designation of Rural Residential (RR). PROJECT ADDRESS: 2151 Rusty Spur Road (Tract 30091, Lot 11; APN 8713-031-014) Diamond Bar, CA 91765 PROPERTY OWNER: Patricia Gagne 230 Lois Street La Habra, CA 90631 APPLICANT: Pinnacle Building Structure 1840 Whittier Boulevard X206 La Habra, CA 90631 PC/Laufenburger presented staff's report and recommended Planning Commission approval of Development Review No. 2007-3, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. In response to Chair/Nelson's question, PC/Laufenburger explained the concept of a "junk" kitchen. PC/Laufenburger, using overheads, showed VC/Torng the Walnut tree that was scheduled for removal and replacement at a 3:1 ratio. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Patrician Gagne and Andre Alvarez, Alvarez Design Studios, further explained that the "junk" kitchen concept was by Italians who prepared a lot of food and wine to not take away from space in the regular kitchen where a lot of slow cooking and baking would normally take place. C/Nolan asked for clarification of the rear yard setback which is called out differently in two areas of staff's report (C-1 and C-2). PM/Gubman responded that the rear yard setback should be 25 feet from the edge of the buildable pad area. CDD/Fong clarified that the Hillside Ordinance requires a 25 -foot setback. JULY 8, 2008 PAGE 4 & DRAFT PLANNING COMMISSION VC/Torng asked the applicant if he agreed with the Conditions of Approval to which he responded affirmatively. C/Lee asked if there were restrictions against two kitchens and CDD/Fong stated that only "The Country Estates" and lots and homes consisting of a minimum square footage zoned Rural Residential can have second kitchens without calling it a "second unit" and without requiring a second review process. Chair/Nelson closed the public hearing. C/Nolan moved, C/Lee seconded, to approve Development Review No. 2007- 31, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Rall Call vote: AYES: COMMISSIONERS: Nolan, Lee, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Torng complimented staff on the 4t' of July Celebration and commented on the excellent turnout. C/Lee welcomed PC/Laufenburger, C/Shah welcomed PC/Laufenburger. Chair/Nelson thanked staff for confirming the 3:1 in-kind tree replacement ratio and that non-invasive plants were considered. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Fong stated that in all likelihood the Commission would go dark on July 22 since there were no pending items to consider and staff will confirm via email to each Commissioner. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. (�1 DR A F T JULY 8, 2008 PAGE 5 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:21 p.m. The foregoing minutes are hereby approved this 12th day of August, 2008. Attest: Respectfully Submitted, Nancy Fong, Community Development Director Steve Nelson, Chairman OF DIA�tiIO�'D BIR PLANNING COMMISSIONAGEN DA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 -- TEL. (909) 839-7030 - FAX (909) 861-3117 ITEM NO. 4.2 DATE: August 26, 2008 TO: Chairman and Members of the Planning Commission FROM: Nancy Fong, AICP, Community Development Director SUBJECT: Under the authority of Government Code Section 65402, a request to determine the City's acquisition of 0.36 acres of land located at the southeast corner of Washington Street and Lincoln Avenue is in conformance with the General Plan — APN: Portions of 8719-010-014 and 8719-010015 RECOMMENDATION: Approve Resolution No. 2008 -XX BACKGROUND: The area of Diamond Bar north of the SR 60 freeway bordering the City of Industry has long been underserved in terms of park space. On August 5, 2008, the City Council authorized a purchase and sale agreement between the City of Diamond Bar and the property owner of the parcel located at the southeast corner of Washington Street and Lincoln Avenue for the purpose of developing a neighborhood park. The parcel is approximately 0.36 acres (16,000 square feet) in size and could be developed as a passive park similar to the mini -parks in the Summitridge neighborhoods of the City. Under the authority of Government Code Section 65402, the acquisition of land by a public agency must include a determination that the acquisition is in conformance with the General Plan. Further study and planning will be required before the exact specification of the proposed park might include. At that time of the proposed design and specification for the proposed park, additional environmental review will be required. ENVIRONMENTAL. ASSESSMENT: The City has determined that the acquisition of the land is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3). Attachments: 1. Draft Resolution No. 2008 -XX 2. Government Code Section 65402 3. Aerial Photograph of the site PLANNING COMMISSION RESOLUTION -NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THAT THE CITY'S ACQUISITION OF 0.36 ACRES OF LAND FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND LINCOLN AVENUE IS IN CONFORMANCE WITH THE GENERAL PLAN PURSUANT TO GOVERNMENT CODE SECTION 65402. A. RECITALS (i) WHEREAS, the acquisition of approximately 0.36 acres of land located at the southeast corner of Washington Street and Lincoln Avenue is proposed by the City of Diamond Bar for the purpose of developing a neighborhood park in the future, and; (ii) WHEREAS, the Planning Commission of the City of Diamond Bar has considered the matter of the acquisition of said real property for its location and extent of which is shown on Exhibit "A", attached hereto, and; (iii) WHEREAS, Section 65402 of the Government Code of the State of California requires that no real property shall be acquired of until the location, purpose and extent has been reported upon by the planning agency of the city in which the land is located as to conformity with the General Plan, and; (iv) WHEREAS, the subject property is generally described herein as: • Property located at the southeast corner of Washington Street and Lincoln Avenue; • Irregular shaped parcel approximately 0.36 acres; • Portions of APN 8719-010-014 and 015; • General Plan classification —Medium -High Density Residential (RHM); • Zoning Designation — Commercial Manufacturing (CM), and; (v) WHEREAS, the City of Diamond Bar intents to acquire the property with the purpose of developing into a neighborhood park in the future and serves the immediate neighrborhood; and (vi) WHEREAS, the proposed acquisition of the property is consistent with the current General Plan land use designations. B. RESOLUTION NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE: Section 1 The Planning Commission hereby finds that the acquisition of property as shown on Exhibit "A" attached hereto, is in conformance with the adopted General Plan of the City of Diamond Bar as follows: a. The General Plan Resource Management Element identifies eight resource management issues to be addressed through the implementation of the General Plan's goals, objectives and policies. Issue No. 3 states: There is a need to plan for additional parks and recreation facilities to serve the growing needs of local residents through full utilization of existing facilities within City boundaries and within the surrounding area; additional parklands are necessary to meet the community needs. [Emphasis added] The proposed acquisition of land for neighborhood park purposes directly addresses the need for parkland as articulated in the above Resource Management Element issue statement. b. There is currently a ratio of one acre of City -owned neighborhood and community parkland per 1,000 residents in Diamond Bar, which is drastically below the City's goal of providing five acres per 1,000 residents, as stated in Strategy 1.3.3 of the General Plan Resource Management Element. The proposed acquisition of property for public park purposes helps move the City toward this goal. c. The proposed acquisition is in conformance with Resource Management Element Strategy 1.3.7, which calls for the City to "(a)ctively pursue land acquisition for parks." Section 2 The Planning Commission hereby finds that acquisition of the parcel is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. 4 APPROVED AND ADOPTED THIS 26th DAY OF AUGUST 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. in Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 26th day of August 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 3 V I O m X X r Fk ATTACHMENT 2 CALIFORNIA GOVERNMENT CODE SECTION 65402 Restrictions on Acquisition and Disposal of Real Property (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body. If the legislative body so provides, by ordinance or resolution, the provisions of this subdivision shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. (b) A county shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, and a city shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. The provisions of this paragraph (b) shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature if the legislative body having the real property within its boundaries so provides by ordinance or resolution. (c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. If the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disapproval may be overruled by the local agency. Local agency as used in this paragraph (e) means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries. Local agency does not include the state, or county, or a city. e 4 PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE --DIAMOND BAR, CA 91765—TEL (909) 839 -7030 --FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: August 26, 2008 CASE/FILE NUMBER: Development Review No. DR 2005-14 (2) PROJECT LOCATION: 1198 Chisolm Trail Diamond Bar, CA 91765 APPLICATION REQUEST: Request for a one-year extension of time for the construction of a new 3,631 square -feet single family residence approved by Planning Commission on June 29, 2005 and granted a one-year extension of time on July 10, 2007. PROPERTY OWNER APPLICANT: STAFF RECOMMENDATION Mitchell Won 1198 Chisolm Trail Diamond Bar, CA 91765 Mitchell Won 5719 Paramount Lane Pico Rivera, CA 90660 Conditionally Approve BACKGROUND: The property owner is requesting approval of a one-year extension of time for Development Review No. 2005-14. The Planning Commission approved this project on June 29, 2005 via Resolution 2005-26. The resolution provided two years after commission approval for the applicant to begin construction. On July 10, 2007, the applicant was granted a one-year time extension via, Resolution No. 2007-34, to commence construction by June 29, 2008. The approved project allows the construction of a new 3,631 square -foot, single-family dwelling with an attached garage totaling 4,297 square -feet on a 13,330 square -foot lot. ANALYSIS: A. Review Authority (DBMC § 22.66) An extension of time may be granted up to a maximum of one year. However, the applicants must submit a request in writing 30 days prior to the expiration date. Since the applicant will not be able to start construction before the Planning Commission expires, the applicant submitted a request for an extension of time to the City. As a result, the project has a "hold" status until the extension of time is processed. The extension of time request does not change the approved project in any way. The conditions of approval set forth in Planning Commission Resolution No. 2005-26 and Resolution No. 2007-34 will not change with the approval of an extension of time. B. Project Process Status The applicant has completed the Building & Safety Division plan check process and Fire Department approval but the grading plan is currently being reviewed by the Public Works Department. The applicant has been working toward obtaining approvals from all City departments and plans on starting constructions as soon as possible (please see applicant correspondence, Attachment 4.) Because the applicant continues to work diligently on securing the necessary permits, staff finds the applicant's request for a one-year extension of time to be warranted. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15303(a) of the CEQA Guidelines (construction of one single-family residence in a residential zone). Page 2 Development Review 2005-14 (2) NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. RECOMMENDATION: Staff recommends that the Planning Commission approve a one-year extension of time for Development Review No. 2005-14 (2), Findings of Fact, conditions of approval, and Standard Conditions as listed within the attached resolution. Prepare by: avid varez Assistant Planner Reviewe Greg Gubman, AICP Planning Manager Attachments: 1. Draft Resolution; 2. Planning Commission Resolution No. 2005-26; 3. Planning Commission Resolution No. 2007-34; 4. Correspondence from property owner; 5. Exhibit "A"- site plan, floor plans, roof plan, elevations, and sections; and 6. Aerial Page 3 Development Review 2005-14 (2) PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE-YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2005-14 LOCATED AT 1198 CHISOLM TRAIL (TRACT 37873, LOT 14; APN #8717-026-013) A. RECITALS Property owner, Mr. Mitchell Won, has filed an application for a one-year extension of time, for Development Review No. 2005-14 (2). The one-year extension of time will allow construction to begin for a new single-family residence. The project site is located at 1198 Chisolm Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time shall be referred to as the "Application." 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. The project site was posted with a display board 3. On August 12, 2008, the Planning Commission of the City of Diamond Bar conducted and continued a duly noticed public hearing on the Application to August 26, 2008. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that for the project identified above in this Resolution and in accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15303 (a), the City has determined that this project is categorically exempt. The Planning Commission approved the categorical exemption on June 28, 2005. The request for an extension of time does not alter the approved project. Additionally, there is no new environmental information related to this project. Therefore, further environmental review is not required_ 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The Application request is for an approval of a one-year extension of time for Development Review No. 2005-14 approved by the Planning Commission on June 28, 2005, via Planning Commission Resolution No. 2005-26 and was granted a one-year time of extension on July 10, 2007, via Resolution 2007-34. Additionally, the extension of time request does not change the approved project in any way. Extension of Time Findings (b) There have been no changes to the provision of the General Plan, any applicable specific plan, or the Development Code that would affect approved Development Review No. 2005-14. The subject project is consistent with the zoning designation and will not be altered in any way by approving the requested extension of time and all conditions of approval adopted by the Planning Commission via Planning Commission Resolution No. 2005-26 and Planning Commission Resolution No. 2007-34 will remain in full force and effect. (c) The applicant has completed the Building & Safety Division plan check process and Fire Department approval but the grading plan is currently being reviewed by the Public Works Department. The applicant has been working toward obtaining construction permits and plans on starting constructions as soon as possible. Because the applicant continues to work diligently on his project, staff finds the request for a one-year extension of time to commence construction to be warranted. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves on the Application subject to the following conditions: (a) The project shall substantially conform to Development Review No. 2005-14 (2) approved via Planning Commission Resolution No. 2005-26, Planning Commission No. 2007-34 and Exhibit "A" dated June 28, 2005, as submitted and approved by the Planning Commission and as amended herein. (b) All conditions of approval for Development Review No. 2005-14(2) approved via Planning Commission Resolution No. 2005-26 and Planning Commission Resolution No. 2007-34 shall remain in full force and effect except as amended herein. (c) The extension of time is valid for one-year and shall be exercised (i.e., obtain a grading permit and have completed a significant amount of on-site grading; pouring of foundation, installation of utilities or similar substantial improvements) within that period or this approval shall expire on June 28, 2009. 2 Development Review No. 2005-14 (d) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within twenty (20) days of approval of this grant, at the City of Diamond Bar Community Development Department/Planning Division, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Mitchell Won, 5719 Paramount Lane, Pico Rivera, CA 90660 APPROVED AND ADOPTED THIS 26th OF AUGUST 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 26th day of August 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 3 Development Review No. 2005-14 PLANNING COMMISSION RESOLUTION NO. 2005-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-14 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH AND AN ATTACHED TWO -CAR GARAGE TOTALLING TO APPROXIMATELY 5,187 SQUARE FEET. THE APPROVAL ALSO INCLUDES RETAINING WALLS WITHIN THE REAR AND SIDE YARDS NOT TO EXCEED AN EXPOSED HEIGHT OF SIX FEET AND RETAINING WALLS WITHIN THE FRONT SETBACK NOT TO EXCEED AN EXPOSED HEIGHT OF 42 INCHES. THE PROJECT SITE IS LOCATED AT 1198 CHISOLM TRAIN (LOT 4, TRACT NO. 37873), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Mitchell Won and applicant, Brent Hallam of Westwood Design have filed an application for Development Review No. 2005-14 and categorical exemption for a property located at 1198 Chisolm Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. On June 16, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On June 11, 2005, public hearing notices were mailed to approximately 45 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. Furthermore, on June 12, 2005, the project site was posted with a display board. 3. On June 28, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303(a) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a site located at 1198 Chisolm Trail (Lot 14, Tract No. 37873). It is an irregular shaped vacant lot of approximately 13,330 square feet and slopes from the street (Chisolm Trail) to rear property line (Grand Avenue). The project site does not contain a "restricted use area" or easements. (b) The project site has a General Plan land use designation of Low i Density Residential (RL) Maximum 3 DU/Acre. (c) The project site is within the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone interpreted as Low Density Residential (RL) Maximum 3 DU/Acre Zone. (d) Generally, the following zone surrounds the project site: To the north is the R-1-8,000 and R-3-8,000 30U zones and Sycamore Canyon Park; to the south is the R-1-8,000 zone and Grand Avenue; to the east is the R-1-8,000 zone; and to the west is the R -44U (condominiums) zone. (e) The Application request is for approval to construct a three-story single-family residence of approximately 5,187 square feet which includes balconies, porch, and attached two -car garage. Additionally, the application request includes retaining walls within the side and rear yards not to exceed an exposed height of six feet and retaining walls within the front setback not to exceed an exposed height of 42 inches. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is an existing vacant infill lot planned for residential development and subdivided prior to the City's incorporation. The proposed project as conditioned is consistent with the General Plan adopted on July 25, 1995 in that it will maintain the integrity and not degrade this residential area. Furthermore, it complies with the General Plan land use designation of RL -Maximum 3 DU/AC since the project site is 13,330 gross square feet. The proposed project, as conditioned within this resolution, will maintain the required: height for a residential structure; side and rear yard setbacks; and lot coverage. Retaining walls will not exceed the exposed height permitted by the Development Code. The proposed project is consistent with the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. The proposed architectural style (Mediterranean) and colors (earth tone) are compatible with other residences in the surrounding neighborhood. The proposed residence is consistent in size with' other homes surrounding the project site_ (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. As referenced above in Finding (t), the proposed project is a single- family residence, consistent with other single family residences established and recently approved within this neighborhood. The project site is large enough to accommodate the proposed project. As such, the proposed residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approved subdivision. Additionally, Chisolm Trail adequately serves the project site (an existing vacant infill lot) and the existing neighborhood. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in the application) is Mediterranean. This style is compatible with other residences within Tract No. 37873 The proposed color palette is varying shades of earth tones. The proposed materials (stone accent, stucco and wood and tile for the root) offer a variety of textures. Architectural features such as columns that flank the front entry, window arrangement and style, j varying levels and planes on the front, rear and right side elevations creates interest and reduces the massive appearance of the proposed residence. The cupola -like structure on the roof provides light through the center of the residence and ventilation at the main floor and is an architectural feature that is necessary to the homeowner. However, staff believes that as designed, it does not related to the roof line and window style of the front facade of the residence. Staff is requiring that the cupola -like structure's height be reduced by approximately 1.5 feet in order to following the roofline of the proposed residence. Staff is also requiring that the stone accent be added to the columns that flank the front entry. With the required change to the cupola -like structure and additional stone accent, staff believes the proposed residence will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. As a result, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20 Development Review Standards, City Design Guidelines and the City's General Plan. There is not an applicable specific plan for the project area. r (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above Findings (f) through (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture related to stucco and stone accent and a low level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: Planning Division (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated June 28, 2005, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate species, location, size and quantity of all plant material. Landscaping for the rear slope shall include larger size shrubs and trees (varying in size with minimum five gallon) and vines to reduce the impact of the rear walls as viewed from Grand Avenue. Also, it is required that Myraporum be planted on the rear slope as was required for the other new homes approved on Chisolm Trail. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy (d) Retaining walls within the rear and side .yards shall not exceed an exposed height of six feet as delineated in Exhibit "A". Retaining walls/walls within the front yard setback shall not exceed an exposed height of 42 inches. Rear retaining wall shall be faced with Suede Drystack Ledgestone (CSV -2010) utilize on the residence and as delineated on Sheet A 3.2 of Exhibit "A". (e) Suede Drystack Ledgestone (CSV -2010) shall be added to the columns at the front entry of the residence. (f) The first six feet of the front yards (as measured from behind the sidewalk is City property. Retaining walls/ walls or structures shall not be constructed within said six feet. (g) Prior to plan check submittal, the applicant shall submit revised elevations delineating a height reduction of approximately 1.5 feet of the cupola -like structure's height, thereby following the roofline of the residence. Additionally, an architectural treatment shall be added to the top of the chimney. (h) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. Building and Safety Division (i) Prior to construction, the applicant shall install temporary construction fencing along the project perimeter pursuant to the Building and Safety Division's requirements. (j) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (k) Footings shall be designed for expansive soil. (1) All retaining walls shall be approved by the Building and Safety Division. , (m) The proposed single-family residence is located within "high fire zone" r and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension'exceptwhere such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (n) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (o) The residence shall be plan checked as a three story home and shall require a second exist from the third story. (p) The proposed residence shall comply with the State Energy Conservation Standards. (q) Surface water shall drain away from the proposed residence ata two - percent minimum slope. (r) On a revised site plan, the applicant shall delineate the location of the balcony. Public Works Division (s) Prior to the issuance of a building permit, a geotechnical report shall be submitted by a Geotechnical Engineer, licensed by the State of California, for approval by the City. (t) Upon approval of the Geotechnical Report, the applicant shall submit a drainage and grading plan prepared by a Civil Engineer, licensed by the State of California, for approval by the City. (u) Prior to the issuance of any City permits, the applicant shall submit a grading plan, prepared by a civil engineer, licensed by the State of California, in accordance with the City's grading requirements using the correct title block format for the City's approval. The grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Delineate the location of all retaining walls; and (5) Retaining walls' elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated. (v) Retaining wall calculations shall be submitted to the Building and Safety Division for approval with the grading plan. (w) The applicant shall provide service connection for water, sewer, gas, electric, etc. (x) Upon approval of the geotechnical report, the applicant shall submit an erosion control plan concurrently with the grading plan clearly delineating erosion control measures for the City's review and approval. These measures shall be implemented during construction between October 15 and April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) during and after construction. Additionally, the applicant shall obtain the necessary NPDES permits. (y) Applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. Best Management Practices (BMP's) are required to be incorporated into the project plans for both construction and post construction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP's Fact Sheets can be obtained through the Public Works Division. (z) All drainage/runoff from the subject property shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels. Prior to the issuance of any City permits, the applicant shall submit a hydrology study for the City's review and approval. (aa) Prior to the issuance of any City permits, the applicant shall submit calculations for the proposed rip -rap on the grading plan for City review and approval. (bb) Finished slopes shall conform to Development Code Section 22.22.080 indicating that the maximum allowed shall be 2:1. (cc) Prior to the issuance of a building permit, a pre -construction meeting shall be held at the project site with grading contractor, applicant, and City grading inspector at least 48 hours prior to commencing grading operations. (dd) Rough grading certification by the project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. (ee) Final grade certification by the project soils and civil engineers shall be submitted to the Public Works Division prior to the any final inspections/certificate of occupancy. (ft) Applicant shall construct a five-foot wide sidewalk (the length of the subject property's frontage) behind the existing curb and a new driveway approach. All public improvement shall be approved by the City Engineer, constructed with an encroachment permit and completed prior to final inspection/certificate of occupancy issuance. (gg) This approval is valid for two years and shall be exercised (i.e., construction started) within that period or this approval shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (hh) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) has filed, within fifteen (30) days of this project's approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (ii) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Mitchell Won, 5719 Paramount Lane, Pico Rivera, CA 90660 and Mr. Brent Hallam, Westwood Design, 133 E. Bonita Avenue, Suite 202, San Dimas, CA 91773 APPROVED AND ADOPTED THIS 28TH DAYOF JUNE 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. v BY: Joe McManus, Chairman I, JamiVs DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of June 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Commissioners: Tye, Nolan, VC/Low, Chair McManus Commissioners: None. Commissioners: None. Commissioners: None. 7 DeSt fano, ecretary In PLANNING COMMISSION RESOLUTION NO. 2007-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2005-14 LOCATED AT 1198 CHISOLM TRAIL (TRACT 37873, LOT 14; APN #8717-026-013) A. RECITALS The property owner, Mr. Mitchell Won and applicant, Mr. Brent Hallam, have filed an application for a one year extension of time on April 26, 2007, for Development Review No. 2005-14(1). The one year extension of time will allow construction to begin for a single-family residence. The project site is located at 1198 Chisolm Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time shall be referred to as the "Application." 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to approximately 46 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. The project site was posted with a display board 3. On July 10, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission herebyfindsthatforthe project identified above in this Resolution and in accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15303 (a), the City has determined that this project is categorically exempt. The Planning Commission approved the categorical exemption on June 28, 2005. The request for an extension of time does not alter the approved project. Additionally, there is no new environmental information related to this project. Therefore, further environmental review is not required. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The Application request is for an approval of a one year extension of time for Development Review No. 2005-14 approved by the Planning Commission on June 28, 2005, via Planning Commission Resolution No. 2005-26. Additionally, the extension of time request does not change the approved project in any way. Extension of Time Findin s (b) There have been no changes to the provision of the General Plan, any applicable specific plan, or the Development Code that would affect approved Development Review No. 2005-14. The subject project is consistent with the zoning designation and will not be altered in any way by approving the requested extension of time and all conditions of approval adopted by the Planning Commission via Planning Commission Resolution No.2005-26 will remain in full force and effect. (c) The applicant has completed the Building and Safety Division plan check process but must obtain Fire Department approval before construction plans can be approved. Additionally, the geotechnical report and grading plan is currently being reviewed. At this time, the applicant is working toward obtaining approvals from all the required City departments. Because the applicant has demonstrated that he needs more time and continues to work on his project, staff supports the applicant's request for a one year extension of time. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves on the Application subject to the following conditions: (a) The project shall substantially conform to Development Review No. 2005-14 approved via Planning Commission Resolution No. 2005-26 and Exhibit "A" dated June 28, 2005, as submitted and approved by the Planning Commission and as amended herein. (b) All conditions of approval for Development Review No. 2005-14 approved via Planning Commission Resolution No. 2005-26 shall remain in full force and effect except as amended herein. (c) The extension of time is valid for one year and shall be exercised (i.e., obtain a grading permit and have completed a significant amount of on-site grading; pouring of foundation, installation of utilities or similar substantial improvements) within that period or this approval shall expire on June 28, 2008. 2 (d) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (20) days of approval of this grant, at the City of Diamond Bar Community Development Department/Planning Division, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Mitchell Won, 5719 Paramont Lane, Pico Rivera, CA 90660 and Mr. Brent Hallam, Westwood Design, 133 E. Bonita Avenue, Suite 202, San Dimas, CA 91773 APPROVED AND ADOPTED THIS 10th OF JULY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: ('�� �411� Steve Nelson, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of July 2007, by the following vote: AYES: Commissioners: Nolan, Lee, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN ATTEST: Commissioners: Nbne Request of Extension Jun. 02, 2008 City of Diamond Bar Building project : # PC 6-067 1198 Chisolm Trail Dr., Diamond Bar., Ca. 91765 Planning and Building Dept. ; I have been diligently working on this project for last 3 years to obtain City approvals. I understand that only Grading is pending with conditions of a few miner corrections and Irrigation / Landscaping that are being submitted to City this week. As you may know, a fault line is crossing my lot, that has been causing all the complications of the processes which were going back & forth 3-4 times between my Structural, Civil & Soil engineers, City and Leigthen. After all the time spent, investment and exhausting efforts, I believe my project is almost at the final stage for City approval. I understand plans would be expired at Jul. 8, 2008 and so would like to request one year extension to build my dream home that I and my wife have been longing for many years. We would be very much grateful if you would approve the extension to finish the process. Mitchell Won Mailing Address 5719 Paramount Lane Pico Rivera, Ca. 90660 P�� pw- D(rile- (� % U 1 , jpy 9lLIb Y7 Iwo m nw 0 �..% )�:� 1 7G YYsl Ia7 " 43.0 MWOH MW mimeo au u sae. w,i w Awa .a..,re mu -WACN.Wy -WIWO 0 w � �p 3 Z D Q St.. 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Q m LL Q Z a- N U J0- U N .... r� N C, N co N It G z z Q W Q = L1 U = J Um J Z a mz ao n z d X aa g aoi 0= N U` m L ii L m N 12 U V i m y � O d I � N a I IL E a V) V W J '^ W a w E ro',I N ¢ W h d � > 2 � 0� • o g c r I A `a wC�TYS DIAMOND BAR NOS 006F PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On August 26, 2008, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On August 22, 2008, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on August 25, 2008, at Diamond Bar, California. Stella Marquez Community Development Department g:\\aftidavitposting.doc