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Home My WebLink AboutPC 2006-22PLANNING COMMISSION RESOLUTION NO. 2006-22 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE-YEAR EXTENSION OF DEVELOPMENT REVIEW DR 200406 FOR A SINGLE FAMILY HOUSE TOTALING 13,441 SQUARE FEET AND INCLUDING RETAINING WALLS OF VARYING HEIGHT OF UP TO 8 FEET AND A SWIMMING POOL. A. RECITALS 1. The property owners, Mr. & Mrs. Iqbal Vakil and applicant, Syed Raza and Associates have filed an application requesting a one-year extension of the time period to begirt construction of the proposed dwelling unit from July 13, 2006, to July 13, 2007. 2. The subject property is addressed as 24074 Falcons View Drive, Diamond Bar, Los Angeles County, California 91765. The site is legally described as Lot 26, Tract 30577. The Tax Assessor No. is 8713-041-015. 3. On May 25, 2006, 32 property owners within a 500 -foot radius of the project site were notified by mail and three other locations were posted within the project neighborhood. On June 2, 2006, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland V_alley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 4, On June 13, 2006, 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. The Planning Commission hereby specifically finds that the facts set forth in the Recitals, Part: A, of this Resolution are true and correct. 2. The Planning Commission finds that the subject project was determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) on July 13, 2004, and that a request for an extension of time to begin construction does not require additional environmental review. 3. There have been no changes to the provision of the General Plan, any applicable specific pian, this Title, orthe Development Code applicable to the project since the approval of the project. 4. The applicant has proceeded in good faith and has exercised due diligence in seeking to establish the permit. The preparation of the soils report by his consultant took more than 14 months. As a result, the preparation of the grading and construction plans has been delayed. Therefore, the applicant has requested a one-year extension of time to complete the City's process prior to the issuance of any City permits. 5. Based upon the information provided including written and oral staff reports, the contents of Planning Commission Resolution No. 2004-22, and together with public testimony, this Planning Commission hereby finds and concludes that there is sufficient reason to approve a one-year extension subject to the following conditions: (a) The project shall substantially conform to Development Review No. 2004-06 approved via Planning Commission Resolution No. 2004-25; and Exhibit "A" as submitted and approved by the Planning Commission on July 13, 2004, and as amended herein. (b) All conditions of approval for Development Review No. 2004-06 under Planning Commission Resolution No. 2004-25 shall remain in full force and effect except as amended herein. (c) This extension of time is valid for one year and shall be exercised (i.e., obtained a building permit with continuous on-site construction activity including pouring of foundation, installation of utilities and other substantial improvements has commenced) within that period or this approval shall expire on July 13, 2007. (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 with the City of Diamond Bar Community and Development Services Department, within fifteen (15) days of this approval, their affidavit stating that they are aware of and agree to accept all the conditions of this Resolution. 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. (e) The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles County Health Department, California Water Control Board and the City's Geotechnical Engineer shall approve these plans prior to the issuance of any permits. Prior to the issuance of any City permits, the property owner shall sign and record the City's Covenant and Agreement to Permit Construction of Sanitary Sewer. 2 Planning Commission Resolution No. 2006-22 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. & Mrs„ Iqbal Vakil, 22230 Steeplechase, Diamond Bar, CA 91765 and Syed Raza & Associates, 12600 Central Ave., Chino, CA 91710. APPROVED AND ADOPTSTHIS DIAMOND BAR. JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY BY: Joe Mcma us, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, a,a�he following vote: of the Planning Commission held on the y of June 2006, by AYES: Commissioners NOES: Commissioners ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Lee, VC/Nelson, Everett, Torng, Cha.zr MCM.-mus None. No -e. None. 3 Planning Commission Resolution No. 2006-22 PLANNING COMMISSION RESOLUTION NO. 2006-22 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE-YEAR EXTENSION OF DEVELOPMENT REVIEW DR 2004-06 FOR A SINGLE FAMILY HOUSE TOTALING 13,441 SQUARE FEET AND INCLUDING RETAINING WALLS OF VARYING HEIGHT OF UP TO 8 FEET AND A SWIMMING POOL. A. RECITALS 1 The property owners, Mr. & Mrs. Igbal Vakil and applicant, Syed Raza and Associates have filed an application requesting a one-year extension of the time period to begin construction of the proposed dwelling unit from July 13, 2006, to July 13, 2007. 2. The subject property is addressed as 24074 Falcons View Drive, Diamond Bar, Los Angeles County, California 91765. The site is legally described as Lot 26, Tract 30577. The Tax Assessor No. is 8713-041-015. 3. On May 25, 2006, 32 property owners within a 500 -foot radius of the project site were notified by mail and three other locations were posted within the project neighborhood. On June 2, 2006, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 4. On June 13, 2006, 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. The Planning Commission hereby specifically finds that the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission finds that the subject project was determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) on July 13, 2004, and that a request for an extension of time to begin construction does not require additional environmental review. 3. There have been no changes to the provision of the General Plan, any applicable specific plan, this Title, orthe Development Code applicable to the project since the approval of the project. 4. The applicant has proceeded in good faith and has exercised due diligence in seeking to establish the permit. The preparation of the soils report by his consultant took more than 14 months. As a result, the preparation of the grading and construction plans has been delayed. Therefore, the applicant has requested a one-year extension of time to complete the City's process prior to the issuance of any City permits. 5. Based upon the information provided including written and oral staff reports, the contents of Planning Commission Resolution No. 2004-22, and together with public testimony, this Planning Commission herebyfinds and concludes that there is sufficient reason to approve a one-year extension subject to the following conditions: (a) The project shall substantially conform to Development Review No. 2004-06 approved via Planning Commission Resolution No. 2004-25; and Exhibit "A" as submitted and approved by the Planning Commission on July 13, 2004, and as amended herein. (b) All conditions of approval for Development Review No. 2004-06 under Planning Commission Resolution No. 2004-25 shall remain in full force and effect except as amended herein. (c) This extension of time is valid for one year and shall be exercised (i.e., obtained a building permit with continuous on-site construction activity including pouring of foundation, installation of utilities and other substantial improvements has commenced) within that period or this approval shall expire on July 13, 2007. (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 with the City of Diamond Bar Community and Development Services Department, within fifteen (15) days of this approval, their affidavit stating that they are aware of and agree to accept all the conditions of this Resolution. 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. (e) The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles County Health Department, California Water Control Board and the City's Geotechnical Engineer shall approve these plans priorto the issuance of any permits. Priorto the issuance of any City permits, the property owner shall sign and record the City's Covenant and Agreement to Permit Construction of Sanitary Sewer. 2 Planning Commission Resolution No. 2006-22 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. & Mrs. Iqbal Vakil, 22230 Steeplechase, Diamond Bar, CA 91765 and Syed Raze & Associates, 12600 Central Ave., Chino, CA 91710. APPROVED AND ADOPTED THIS 13th DAY OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McMadus, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 13th day of June 2006, by the following vote: AYES: Commissioners: Lee, VC/Nelson, Everett, Torng, Chair McManus NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: None. ATTEST: 3 Planning Commission Resolution No. 2006-22