HomeMy WebLinkAboutPC 2001-25PLANNING COMMISSION
RESOLUTION NO. 2001-25
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR APPROVING AN EXTENSION OF TIME OF THE FEBRUARY 8, 2000,
PLANNING COMMISSION APPROVAL FOR DEVELOPMENT REVIEW
NO. 2000-01(l), VARIANCE NO. 2000-01(l), MINOR VARIANCE NO. 2000-01(l)
AND CATEGORICAL EXEMPTION, WHICH ALLOWS THE CONSTRUCTION OF
A TWO-STORY SINGLE FAMILY RESIDENCE OF APPROXIMATELY 15,602
SQUARE FEET WITH A BASEMENT, SIX CAR GARAGE, INDOOR SWIMMING
POOL, OUTDOOR SWIMMING POOUSPA, TENNIS COURT WITH FENCING
AND LIGHTING, RESTROOMIPOOL EQUIPMENT STRUCTURE, TRELLIS AND
RETAINING WALLS. THE PROJECT SITE IS LOCATED AT 22840 RIDGELINE
ROAD (TRACT NO. 30091, LOT 156), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owners Mr. and Mrs. Wen Chang and applicant, Ku and Associates, Inc., Habitant
Development Corporation have filed an extension of time application for Development Review
No. 2000-01, Variance No. 2000-01 and Minor Variance No. 2000-01 approved by the Planning
Commission on February 8, 2000, for a property located at 22840 Ridgeline Road, Diamond Bar,
. _ Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time for
Development Review, Variance, Minor Variance and Categorical Exemption shall be referred to as
the "Application."
2. On January 27, 2001, public hearing notices were mailed to approximately 33 property owners within
a 500 -foot radius of the project site. On June 29, 2001, notice for this project was provided in the
Inland Valley Bulletin and the San Gabriel Valley Tribune; and the project site was posted with a
display board and the public notice was posted in three public places.
3. On July 10, 2001, 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 in accordance to Section 15303(a) of the California Environmental Quality Act
(CEQA) and guidelines promulgated thereunder.
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3. The Planning Commission hereby specifically finds and determines that, having considered the
_y 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 vacant lot located within a gated community identified as "The
Country Estates." The project site is currently vacant except for a keystone retaining wall
system within the front portion. The project site is irregular shaped, sloping up from
Ridgeline Road to a flat pad and sloping down toward the rear and side property lines. The
project site is approximately 1.70 acres.
(b) On February 8, 2000, the Planning Commission approved a project that allows the
construction of a two-story single-family residence of approximately 15,602 square feet with
a basement, balcony, six car garage, indoor swimming pool, outdoor swimming pool/spa,
tennis court with fencing and lighting, restroom/pool equipment structure, trellis and retaining
walls.
(c) The Application request is for an extension of time of the Planning Commission's February 8,
2000, approval.
(d) The project site has a General Plan land use designation of Rural Residential
(RR) Maximum 1 DU/AC.
(e) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet
(R-1-40,000) Zone interpreted as Rural Residential (RR) Zone.
(f) Generally, the following zone and use surround the project site: to the north, south and west
is the R-1-40,000 /RR Zone; and to the east is the R-1-40,000/RR Zone and the Walnut
Valley Water District (WVWD) property which contains three water tanks.
Extension of Time Finding
(g) The permittee has established, with substantial evidence beyond the control of the permittee
(e.g., demonstration of financial hardship, legal problems with the closure of the sale of the
parcel, poor weather conditions in which to complete construction activities, etc.), why the
permit should be extended.
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On April 12, 2001, the applicant submitted a request in writing for a one-year extension of
time. It has taken more time then anticipated to obtain construction permits because of
engineering issues. Therefore, the extension of time is needed.
(h) The proposed project has been reviewed in compliance with the provisions of the California
Environmental Quality Act (=A).
Pursuant to the provisions of the California Environmental Quality Act (CEQA),
Section 15303(a) and guidelines promulgated thereunder, the City has determined that this
project is categorically exempt.
5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves
the Application subject to the following conditions:
(a) The project shall substantially conform to site pian, grading plan, floor plan, elevations,
sections, final landscape/irrigation plan, and colors/materials board collectively labeled as
Exhibit "A" dated February 8, 2000, as submitted and approved by the Planning
Commission on February 8, 2000;
(b) Planning Commission Resolution No. 2000-03 approved on February 8, 2000, shall remain
in full force and effect except as amended herein,
(c) This extension of time grant is valid for one year and shall be exercised (i.e., construction
started) within that period or this grant shall expire on February 8, 2003.
(d) This grant 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 (15) days of approval of this
grant, 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 grant.
Further, this grant shall not be effective until the permittee pays remaining City processing
fees, school fees and fees for the review of submitted reports.
(e) 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
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(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. and Mrs. Wen
Chang, 1011 Summitridge Road, Diamond Bar, CA 91765, and Ku and Associates, Inc.,
Habitant Development Corporation, 18725 E. Gale Avenue, #217, City of Industry, CA
91748.
APPROVED AND ADOPTED THIS 10TH DAY OF JULY 2001, BY THE PLANNING COMMISSION
OF THE CITY OF DIAMOND BAR.
BY:
Bob Zirbes, Chairman
I, James 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 10th day of July 2001, by the following vote:
AYES: Tye, V/C Ruzicka, Kuo, Nelson, Chair Zirbes
NOES: None
ABSENT: None
A TAIN: N
ATTEST:
(TP
James De efno, Secretary
J
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A. RECITALS.
B.
PLANNING
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR APPROVING AN
EXTENSION OF TIME OF THE FEBRUARY 8, 2000,
PLANNING COMMISSION APPROVAL FOR
DEVELOPMENT REVIEW NO. 2000-01(I), VARIANCE NO.
2000-01(I), MINOR VARIANCE NO. 2000-01(I) AND
CATEGORICAL EXEMPTION, WHICH ALLOWS THE
CONSTRUCTION OF A TWO-STORY SINGLE FAMILY
RESIDENCE OF APPROXIMATELY 15,602 SQUARE FEET
WITH A BASEMENT, SIX CAR GARAGE, INDOOR
I . The property owners Mr. and Mrs. Wen Chang and applicant, Ku and
Associates, Inc., Habitant Development Corporation have filed an
extension of time application for Development Review No. 2000-01,
Variance No. 2000-01 and Minor Variance No. 2000-01 approved by the
Planning Commission on February 8, 2000, for a property located at
22840 Ridgeline Road, Diamond Bar, Los Angeles County, California.
2. On January 27, 2001, public hearing notices were mailed to approximately 33
property owners within a 500 -foot radius of the project site. On June 29,
2G01, notice for this project was provided in the Inland Valley Bulletin and
3. On July 10, 2001, the Planning Commission of the City of Diamond Bar
NOW, THEREFORE, it is found, determined and resolved by the Planning
1 This Planning Commission hereby specifically finds that all of the facts set
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 in accordance to Section
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 vacant lot located within a gated community identified
as "The Country Estates." The project site is currently vacant except for a
keystone retaining wall system within the front portion. The project site is
(b) On February 8, 2000, the Planning Commission approved a project that
allows the construction of a two-story single-family residence of
approximately 15,602 square feet with a basement, balcony, six car
garage, indoor swimming pool, outdoor swimming pool/spa, tennis court
with fencing and lighting,- restroom/pool equipment structure, trellis and
retaining walls.
(c) The Application request is for an extension of time of the Planning
(d)- The project site has a General Plan land use designation of Rural
(e) The project site is within the Single Family Residence -Minimum Lot Size
(R-1 -40,000) Zone interpreted as Rural Residential (RR) Zone.
(f) Generally, the following zone and use surround the project site: to the north,
south and west is the R-1-40,000 /RR Zone; and to the east is the R -1 -
Extension of Time
(g) The permittee has established, with substantial evidence beyond the control of
the permittee (e.g., demonstration of financial hardship, legal problems with
the closure of the sale of the parcel, poor weather conditions in which to
complete construction activities, etc.), why the permit should be extended.
WE
On April 12, 2001, the applicant submitted a request in writing for a
one-year extension of time. It has taken more time then anticipated
to obtain construction permits because of engineering issues.
Therefore, the extension of time is needed.
Pursuant to the provisions of the California Environmental Quality
Act (CEQA), Section 15303(a) and guidelines promulgated
5. Based on the findings and conclusions set forth above, the Planning
(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
(b) Planning Commission Resolution No. 2000-03 approved on February
8,2000, shall remain in full force and effect except as amended
herein,
(d) This grant 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 (15) days of approval of this grant, at the
City of Diamond Bar Community and Development Services
Department, their affidavit stating that they are aware of and agree
(e) If the Department of Fistv 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
The Planning
(a) Certify to the adoption of this
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr.
and Mrs. Wen Chang, 1011 Summitridge Road, Diamond Bar, CA 91765,
and Ku and Associates, Inc., Habitant Development Corporation, 18725
APPROVED AND ADOPTED THIS 1 OTH DAY OF JULY 2001. BY THE
Bob Zirbes, Chairman
1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing
the Planning Commission held on the 1 Oth day of July 2001, by the following vote: AYES:
Tye, V/C Ruzicka, Kuo, Nelson, Chair Zirbes NOES: None
ABSENT: None
4 "IN,
AB—TAIN: N ATTEST:
—Ja s De
ames De
efeno, Secretary Me
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