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HomeMy WebLinkAboutPC 2006-39PLANNING COMMISSION RESOLUTION NO. 2006-39 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE YEAR EXTENSION OF TIME DEVELOPMENT REVIEW 2004-12(1) FOR A SINGLE-FAMILY HOUSE TOTALING 3,864 SQUARE FEET AND INCLUDING A SITE RETAINING WALL WITH A MAXIMUM HEIGHT TO SIX (6) FEET A. RECITALS 1. The property owners, Narinder and Aasha Kumar filed an application requesting a one year extension of the time to exercise the entitlement approved with Planning Commission No. 2004-30. The extension of time is from July 27, 2006, to July 27, 2007. 2. The subject property is addressed as 1196 Chisholm Trail, Diamond Bar, Los Angeles County, California 91765. The site is legally described as Lot 13, Tract 37873. The Assessor Parcel Number is 8717-026-012. 3. 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. 4. On September 26, 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, PartA, 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 27, 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, or the 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 entitlement. The change of consultants and the preparation to obtain an approved soils report took approximately 20 months. As a result, the preparation of the grading and construction plans has been delayed. Therefore, the applicant requests 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. 2004-30, 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. 2004-12 approved via Planning Commission Resolution No. 2004-30; and Exhibit "A" as submitted and approved by the Planning Commission on July 27, 2004, and as amended herein. (b) All conditions of approval for Development Review No. 2004-12 under Planning Commission Resolution No. 2004-30 shall remain in full force and effect except as amended herein. (c) This extension of time, Development Review No. 2004-12(1) is valid for one year and shall be exercised (i.e., obtain 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 27, 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. 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 Narinder and Aasha Kumar, 13535 Flatbush Avenue, Norwalk, CA 90650. 2 Planning Commission Resolution No. 2006-39 APPROVED AND ADOPTED THIS 26th DAY OF SEPTEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: . V 8teve Nelson, Vice 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 27th clay of September 2006, by the following vote: AYES: Commissioners: Wei, Torng, Lee, VC/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Novae ATTEST: Nancy Fong, Sf Planning Commission Resolution No. 2006-39 PLANNING COMMISSION RESOLUTION NO. 2006-39 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE YEAR EXTENSION OF TIME DEVELOPMENT REVIEW 2004-12(1) FOR A SINGLE-FAMILY HOUSE TOTALING 3,864 SQUARE FEET AND INCLUDING A SITE RETAINING WALL WITH A MAXIMUM HEIGHT TO SIX (6) FEET A. RECITALS The property owners, Narinder and Aasha Kumar filed an application requesting a one year extension of the time to exercise the entitlement approved with Planning Commission No. 2004-30. The extension of time is from July 27, 2006, to July 27, 2007. 2. The subject property is addressed as 1196 Chisholm Trail, Diamond Bar, Los Angeles County, California 91765. The site is legally described as Lot 13, Tract 37873. The Assessor Parcel Number is 8717-026-012. 3. 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. 4. On September 26, 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, PartA, 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 27, 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, or the 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 entitlement. The change of consultants and the preparation to obtain an approved soils report took approximately 20 months. As a result, the preparation of the grading and construction plans has been delayed. Therefore, the applicant requests 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. 2004-30, 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. 2004-12 approved via Planning Commission Resolution No. 2004-30; and Exhibit "A" as submitted and approved by the Planning Commission on July 27, 2004, and as amended herein. (b) All conditions of approval for Development Review No. 2004-12 under Planning Commission Resolution No. 2004-30 shall remain in full force and effect except as amended herein. (c) This extension of time, Development Review No. 2004-12(1) is valid for one year and shall be exercised (i.e., obtain 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 27, 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. 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 Narinder and Aasha Kumar, 13535 Flatbush Avenue, Norwalk, CA 90650. 2 Planning Commission Resolution No. 2006-39 APPROVED AND ADOPTED THIS 26th DAY OF SEPTEMBER 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, at a regular meeting of the Planning Commission held on the 27th clay of September 2006, by the following vote: AYES: Commissioners: Wei, Torng, Lee, VC/Nelson NOES: Commissioners: ABSENT: Commissioners: None None ABSTAIN: Commissioners: None 3 Planning Commission Resolution No. 2006-39