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HomeMy WebLinkAboutPC 2007-08PLANNING COMMISSION RESOLUTION NO. 2007-08 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2004-17(2) AND TREE PERMIT NO. 2004-10 REQUESTS A TWO STORY ADDITION WITH BALCONY AND PATIO COVER COLONNADE IN THE REAR OF THE EXISTING SINGLE-FAMILY RESIDENCE. THE REQUEST ALSO INCLUDES GRADING, BASKETBALL COURT, SWIMMING POOL, SPA, AND THE REMOVAL AND REPLACEMENT OF PROTECTED/PRESERVED OAK AND WALNUT TREES TO CONSTRUCT RETAINING WALLS IN AREAS OF VARYING TOPOGRAPHY A. RECITALS The property owners, Robert and Mary Chang, filed an application requesting a one year extension of time to exercise the entitlement approved with Planning Commission No. 2004-50. The extension of time is from November 23, 2006, to November 23, 2007. 2. On November 18, 2005, planning staff approved Development Review No. 2004-17(1)/Tree Permit No. 2004-10 a minor revision that deleted slope grading and the guesthouse. 3. The subject property's address is 2800 Steeplechase Lane, Diamond Bar, Los Angeles County, California 91765. The site is legally described as Lot 58, Tract 30289. The Assessor Parcel Number is 8713-018-030. 4. 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. 5. On February 13, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the extension of time Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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 November 23, 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. Since the 2004 approval, the applicants proceeded in good faith and exercised due diligence to establish the entitlement. The City's Public Works Department verifies that significant geotechnical issues; Los Angeles County's storm drain mitigation approval process; the necessary grading plan revision to meet soils conditions; the Standard Urban Stormwater Mitigation Plan (SUSMP); and the Storm Water Pollution Prevention Plans (SWPPP) created some delay. Currently, the geotechnical report and Los Angeles County's storm drain approval are approved and the other items are in the final approval stages. 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. 2004-50, 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. 2004-17/Tree Permit No. 2004-10 approved by the Planning Commission Resolution No. 2004-50 and Exhibit "A" as submitted and approved by the Planning Commission on November 23, 2004; Planning staff's minor revision approval Development Review No. 2004-17(1)/Tree Permit No. 2004-10; and as amended herein. (b) All conditions of approval for Development Review No. 2004-17/Tree Permit No. 10 under Planning Commission Resolution No. 2004-50; and Development Review No. 2004-17(1)/Tree Permit No. 2004-10 shall remain in full force and effect except as amended herein. (c) This extension of time, Development Review No. 2004-17(2) and Tree Permit No. 2004-10 is valid for one additional 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 November 23, 2008. (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 Development 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. 2 Planning commission Resolution No. 2007-08 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 Robert and Mary Chang, 2800 Steeplechase Lane, Diamond Bar, CA 91765; Kent Wu, 1274-4211 East Center Court Drive, Covina, CA 91724; and Focus Engineering, Inc., Charlie C. Liu, 254317, Irvine, CA 92618. APPROVED AND ADOPTED THIS 13th DAY OF FEBRUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: athleen Nolan, Acting 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 February 2007, by the following vote: AYES: Commissioner: NOES: Commissioner: Lee; Wei; Acting Chair/Nolan None ABSENT: Commissioner: Chair/Nelson, vC/Torng ABSTAIN: Commissioner: None ATTEST: Nand ong, a ret ry 3 PLANNING COMMISSION RESOLUTION NO. 2007-08 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2004-17(2) AND TREE PERMIT NO. 2004-10 REQUESTS A TWO STORY ADDITION WITH BALCONY AND PATIO COVER COLONNADE IN THE REAR OF THE EXISTING SINGLE-FAMILY RESIDENCE. THE REQUEST ALSO INCLUDES GRADING, BASKETBALL COURT, SWIMMING POOL, SPA, AND THE REMOVAL AND REPLACEMENT OF PROTECTED/PRESERVED OAK AND WALNUT TREES TO CONSTRUCT RETAINING WALLS IN AREAS OF VARYING TOPOGRAPHY A. RECITALS 1. The property owners, Robert and Mary Chang, filed an application requesting a one year extension of time to exercise the entitlement approved with Planning Commission No. 2004-50. The extension of time is from November 23, 2006, to November 23, 2007. 2. On November 18, 2005, planning staff approved Development Review No. 2004-17(1)/Tree Permit No. 2004-10 a minor revision that deleted slope grading and the guesthouse. 3. The subject property's address is 2800 Steeplechase Lane, Diamond Bar, Los Angeles County, California 91765. The site is legally described as Lot 58, Tract 30289. The Assessor Parcel Number is 8713-018-030. 4. 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. 5. On February 13, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the extension of time 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 November 23, 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. Since the 2004 approval, the applicants proceeded in good faith and exercised due diligence to establish the entitlement. The City's Public Works Department verifies that significant geotechnical issues; Los Angeles County's storm drain mitigation approval process; the necessary grading plan revision to meet soils conditions; the Standard Urban Stormwater Mitigation Plan (SUSMP); and the Storm Water Pollution Prevention Plans (SWPPP) created some delay. Currently, the geotechnical report and Los Angeles County's storm drain approval are approved and the other items are in the final approval stages. 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. 2004-50, 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. 2004-17/Tree Permit No. 2004-10 approved by the Planning Commission Resolution No. 2004-50 and Exhibit "A" as submitted and approved by the Planning Commission on November 23, 2004; Planning staff's minor revision approval Development Review No. 2004-17(1)/Tree Permit No. 2004-10; and as amended herein. (b) All conditions of approval for Development Review No. 2004-17/Tree Permit No. 10 under Planning Commission Resolution No. 2004-50; and Development Review No. 2004-17(1)/Tree Permit No. 2004-10 shall remain in full force and effect except as amended herein. (c) This extension of time, Development Review No. 2004-17(2) and Tree Permit No. 2004-10 is valid for one additional 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 November 23, 2008. (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 Development 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. 2 Planning Commission Resolution No. 2007-08 The Planning Commission shall: (a) (b) Certify to the adoption of this Resolution; and Forthwith transmit a certified copy of this Resolution, by certified mail to Robert and Mary Chang, 2800 Steeplechase Lane, Diamond Bar, CA 91765; Kent Wu, 12744211 East Center Court Drive, Covina, CA 91724; and Focus Engineering, Inc., Charlie C. Liu, 25-#317, Irvine, CA 92618. APPROVED AND ADOPTED THIS 13th DAY OF FEBRUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: kathleen Nolan, Acting 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 February 2007, by the following vote: AYES: Commissioner: Lee; Wei; Acting Chair/Nolan NOES: Commissioner: None ABSENT: Commissioner: Chair/Nelson, VC/Torng ABSTAIN: Commissioner: None 3