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Home My WebLink AboutPC 2007-34PLANNING COMMISSION RESOLUTION NO. 2007-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2005-14 LOCATED AT 1198 CHISOLM TRAIL (TRACT 37873, LOT 14; APN #8717-026-013) A. RECITALS The property owner, Mr. Mitchell Won and applicant, Mr. Brent Hallam, have filed an application for a one year extension of time on April 26, 2007, for Development Review No. 2005-14(1). The one year extension of time will allow construction to begin for a single-family residence. The project site is located at 1198 Chisolm Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time shall be referred to as the "Application." 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to approximately 46 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. The project site was posted with a display board 3. On July 10, 2007, 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: 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 in accordance 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 June 28, 2005. 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. 2005-14 approved by the Planning Commission on June 28, 2005, via Planning Commission Resolution No. 2005-26. 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, or the Development Code that would affect approved Development Review No. 2005-14. 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 Planning Commission Resolution No.2005-26 will remain in full force and effect. (c) The applicant has completed the Building and Safety Division plan check process but must obtain Fire Department approval before construction plans can be approved. Additionally, the geotechnical report and grading plan is currently being reviewed. At this time, the applicant is working toward obtaining approvals from all the required City departments. Because the applicant has demonstrated that he needs more time and 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. 2005-14 approved via Planning Commission Resolution No. 2005-26 and Exhibit "A" dated June 28, 2005, as submitted and approved by the Planning Commission and as amended herein. (b) All conditions of approval for Development Review No. 2005-14 approved via Planning Commission Resolution No. 2005-26 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., obtain a grading permit and have completed a significant amount of on-site grading; pouring of foundation, installation of utilities or similar substantial improvements) within that period or this approval shall expire on June 28, 2008. 2 Planning Commission Resolution No. 2007-34 (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 (20) 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. Mitchell Won, 5719 Paramont Lane, Pico Rivera, CA 90660 and Mr. Brent Hallam, Westwood Design, 133 E. Bonita Avenue, Suite 202, San Dimas, CA 91773 APPROVED AND ADOPTED THIS 10th OF JULY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: (1�� 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 10th day of July 2007, by the following vote: AYES: Commissioners: Nolan, Lee, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN ATTEST: Commissioners: None 3 PLANNING COMMISSION RESOLUTION NO. 2007-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2005-14 LOCATED AT 1198 CHISOLM TRAIL (TRACT 37873, LOT 14; APN #8717-026-013) A. RECITALS 1. The property owner, Mr. Mitchell Won and applicant, Mr. Brent Hallam, have filed an application for a one year extension of time on April 26, 2007, for Development Review No. 2005-14(1). The one year extension of time will allow construction to begin for a single-family residence. The project site is located at 1198 Chisolm Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time shall be referred to as the "Application." 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to approximately 46 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. The project site was posted with a display board 3. On July 10, 2007, 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 in accordance 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 June 28, 2005. 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. 2005-14 approved by the Planning Commission on June 28, 2005, via Planning Commission Resolution No. 2005-26. 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, or the Development Code that would affect approved Development Review No. 2005-14. 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 Planning Commission Resolution No.2005-26 will remain in full force and effect. (c) The applicant has completed the Building and Safety Division plan check process but must obtain Fire Department approval before construction plans can be approved. Additionally, the geotechnical report and grading plan is currently being reviewed. At this time, the applicant is working toward obtaining approvals from all the required City departments. Because the applicant has demonstrated that he needs more time and 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. 2005-14 approved via Planning Commission Resolution No. 2005-26 and Exhibit "A" dated June 28, 2005, as submitted and approved by the Planning Commission and as amended herein. (b) All conditions of approval for Development Review No. 2005-14 approved via Planning Commission Resolution No. 2005-26 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., obtain a grading permit and have completed a significant amount of on-site grading; pouring of foundation, installation of utilities or similar substantial improvements) within that period or this approval shall expire on June 28, 2008. 2 Planning Commission Resolution No. 2007-34 (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 (20) 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. Mitchell Won, 5719 Paramont Lane, Pico Rivera, CA 90660 and Mr. Brent Hallam, Westwood Design, 133 E. Bonita Avenue, Suite 202, San Dimas, CA 91773 APPROVED AND ADOPTED THIS 10th OF JULY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 14 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 10th day of July 2007, by the following vote: AYES: Commissioners: Nolan, Lee, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Nbne ATTEST: 3