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HomeMy WebLinkAboutPC 92-17RESOLUTION NO. 92-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING THE APPEAL FOR ADMINISTRATIVE DEVELOPMENT REVIEW NO. 92- 7 AND CATEGORICAL EXEMPTION, AN APPLICATION FOR A 2,679 SQUARE FOOT ADDITION TO A TWO STORY SINGLE FAMILY RESIDENCE LOCATED AT 22215 STEEPLECHASE LANE - LOT 174, TRACT 30578. A. Recitals 1. Kilpyung and Insook Auh has filed an application requesting an appeal of Administrative Development Review No. 92-5 and located at 22215 Steeplechase Lane, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review application is referred to as "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California -Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 1, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. This Commission hereby finds that the proposed project described in this Resolution conforms to the General Plan of the City of Diamond Bar. 4. The Planning Commission of the City of Diamond Bar, on July 27, 1992 conducted a duly noticed public hearing on said Application. 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1 1. The 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 and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15301 ( e) (2) (A&B) of Division 6 of Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, there is no evidence before this Commission that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before the Commission, the Commission hereby rebuts the presumption of adverse effect contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. Notwithstanding the provisions of this paragraph, the Applicant shall pay all fees required for the filing of a Notice of Determination and any other fees imposed by the California Department of Fish and Game prior to the issuance of any building permits. 4. Based upon substantial evidence presented to the Planning Commission during the above public hearing and oral testimony provide at the hearing, the Commission hereby specifically finds as follows: (a) The project relates to a site of approximately 1.17 acres of which approximately 10,000 square feet is usable area to be developed with an addition of 2,679 square feet to an existing 2 - story single family residence of 2,783 square feet, within the R-1-20,000 zone, on 22215 Steeplechase Lane, City of Diamond Bar, California. (b) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the use and surrounded by single family residences. (c) The Administrative Development Review approval will not have an adverse impact on adjacent or adjoining residential uses. It will not be materially detrimental to the use, enjoyment, or 2 valuation of property of other persons located in the vicinity and will not adversely affect the health or welfare of persons residing in the surrounding area. (d) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity of the subject property. Failure of the permittee to cease any development shall be a violation of these conditions. (e) Notification of the public hearing for this project has been made. (f) The Administrative Development Review will not unreasonably interfere with the use and enjoyment of the existing neighborhood or future developments, and will not create traffic or pedestrian hazards. (g) The architectural design of the Administrative Development Review is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the Development Review Ordinance and the General Plan and would provide a desirable environment for its occupant, visiting public, and neighbors through good aesthetic use of materials, texture and color and will retain a reasonably adequate level of maintenance. (h) It is hereby declared that and made a condition of this permit that if any condition hereof is violated, or if any law, statue, or ordinance is violated, the permit shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. (i) Notwithstanding any previous subsection of this Resolution, if the Department of Fish and Game require payment of a fee pursuant to section 711.4 of the Fish and Game Code, payment thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 5. Based upon the substantial evidence and conclusion set forth herein above, this Commission hereby denies the ;,,,.;r; application. Ilia The Planning Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Kilpyung and Insook Auh at 22225 Steeplechase Lane, Diamond Bar, CA 91765. DENIED AND ADOPTED THIS THE 27TH DAY OF JULY, 1992, BY THE PLANNING CCOMMISSIIOON OF THE CITY OF DIAMOND BAR. BY: J Bruce Flame m,gChairman Attest: lv Imes' DeStefano Secretary I, James Destefano, Community Development Director of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of July, 1992.'!. AYES: [COMMISSIONERS:] Flamenbaum, MacBride, Grothe, Meyer NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] Li i 4 fr oI9 1 k r I. 7 -O . l i. RAsmm.