Loading...
HomeMy WebLinkAboutPC 2006-25A. 11 PLANNING COMMISSION RE=SOLUTION NO. 2006-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A .ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2004 03(1) AND TREE PERMIT NO. 2004-02(1). RECITALS 1. The property ownerlapplicant, Mr. Nasser Ahmadi has filed an application for a one year extension of time on March 1, 2006, for Development Review No. 2002-03(1). The one year extension of time will allow construction to begin for a single-family residence. The project site is located at 2557 Blaze Trail, Diamond Bar, Los Angeles County, California, Hereinafter in this Resolution, the subject extension of time shall be referred to as the "Application." 2. On June 15, 2006, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On June 12, 2006, public hearing notices were mailed to approximately 40 property owners within a 500 -foot radius of the project site. On June 14, 2006, the project site was posted with a display board and the public notice was posted in three public places. 3. On June 27, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 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 pursuant 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 May 11, 2004. 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. 2004-03 and Tree Permit No. 2004-02 approved bythe Planning Commission on May 11, 2004, via Resolution No. 2004-16. 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, this Title, or the Development Code applicable to the project since the approval of the project; 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. 2004-03 and Tree Permit No. 2004-02. 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 Resolution No. 2004-16 will remain in full force and effect. (c) If the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the permit, the review authority shall grant an extension for up to two successive periods not to exceed six months each. The applicant has completed the Building and Safety Division plan check process and was working on obtaining a grading permit when the extension of time was requested. The applicant obtained a grading permit on March 27, 2006, and will be issued a building permit when the rough grading certificate is submitted to the Public Works Division. However, the applicant was not able to start a substantial amount of construction (i.e., pouring of foundation, installation of utilities or similar substantial improvements) prior to the Planning Commission approval expiration date of May 11, 2006. Due to the fact that the applicant has demonstrated that he needs more time and E 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. 2004-03 and Tree Permit No. 2004-02 approved via Planning Commission Resolution No. 2004-16 and Exhibit "A" dated May 11, 2004, as submitted and approved by the Planning. Commission and as amended herein. (b) All conditions of approval for Development Review No. 2004-02 and Tree Permit No. 2004-02 approved via Planning Commission Resolution No. 2004-16 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., pouring of foundation, installation of utilities or similar substantial improvements) within that period or this approval shall expire on May 11, 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, within fifteen (15) 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. Nasser Ahmadi, 1341 Pecan Grove, Diamond Bar, CA 917"05. 3 APPROVED AND ADOPTED THIS 27th OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:]. Steve Nelson, Vice C airman 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 27th day of June 2006, by the following vote: AYES: Commissioners: Torng, Lea, Everett, VC/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 0 PLANNING COMMISSION RESOLUTION NO. 2006-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2004 03(1) AND TREE PERMIT NO. 2004-02(1). A. RECITALS 1 The property owner/applicant, Mr. Nasser Ahmadi has filed an application for a one year extension of time on March 1, 2006, for Development Review No. 2002-03(1). The one year extension of time will allow construction to begin for a single -family residence. The project site is located at 2557 Blaze Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time shall be referred to as the "Application." 2. On June 15, 2006, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On June 12, 2006, public hearing notices were mailed to approximately 40 property owners within a 500-foot radius of the project site. On June 14, 2006, the project site was posted with a display board and the public notice was posted in three public places. 3. On June 27, 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. 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 pursuant 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 May 11, 2004. 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. 2004-03 and Tree Permit No. 2004-02 approved by the Planning Commission on May 11, 2004, via Resolution No. 2004-16. 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, this Title, or the Development Code applicable to the project since the approval of the project; 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. 2004-03 and Tree Permit No. 2004-02. 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 Resolution No.2004-16 will remain in full force and effect. (c) If the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the permit, the review authority shall grant an extension for up to two successive periods not to exceed six months each. The applicant has completed the Building and Safety Division plan check process and was working on obtaining a grading permit when the extension of time was requested. The applicant obtained a grading permit on March 27, 2006, and will be issued a building permit when the rough grading certificate is submitted to the Public Works Division. However, the applicant was not able to start a substantial amount of construction (i.e., pouring of foundation, installation of utilities or similar substantial improvements) prior to the Planning Commission approval expiration date of May 11, 2006. Due to the fact that the applicant has demonstrated that he needs more time and 2 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. 2004-03 and Tree Permit No. 2004-02 approved via Planning Commission Resolution No. 2004-16 and Exhibit "A" dated May 11, 2004, as submitted and approved by the Planning Commission and as amended herein. (b) All conditions of approval for Development Review No. 2004-02 and Tree Permit No. 2004-02 approved via Planning Commission Resolution No. 2004-16 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., pouring of foundation, installation of utilities or similar substantial improvements) within that period or this approval shall expire on May 11, 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, within fifteen (15) 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. Nasser Ahmadi, 1341 Pecan Grove, Diamond Bar, CA 91765. 3 APPROVED AND ADOPTED THIS 27th OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 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 27th day of June 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Torng, Lee, Everett, VC/Nelson Commissioners: None Commissioners: None Commissioners: None 4