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HomeMy WebLinkAboutPC 2008-11PLANNING COMMISSION RESOLUTION NO. 2008-11 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW 2006-07(1) AND MINOR CONDITIONAL USE PERMIT 2006-03(1) AUTHORIZING AN ADDITION OF 829 SQUARE -FOOT ADDITION TO AN EXISTING DWELLING. THE PROJECT SITE IS LOCATED AT 2605 RISING STAR DRIVE (LOT 9, TRACT 25990), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owners, Steven and Luzmaria Babbitt filed an application requesting a one year extension of the time to exercise the entitlement approved with Planning Commission Resolution No. 2006-12. The extension of time is from March 28, 2008, to March 28, 2008. 2. 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. 3. On April 8, 2008, 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: 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) 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 applicants have proceeded in good faith and has exercised due diligence in seeking to establish the entitlement. The applicants have completed the Public Works and Building & Safety Division plan check process. At this time, the applicants anticipate starting working on June 2008. Because the applicants have demonstrated that they need more time, staff supports the applicants' request for a one year extension of time. 4. Based upon the information provided including written and oral staff reports, the contents of Planning Commission Resolution No. 2006-12, 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. 2006-07 and Minor Conditional Use Permit No. 2006-03 approved via Planning Commission Resolution No. 2006-12; and Exhibit "A" as submitted and approved by the Planning Commission on March 28, 2006, and as amended herein. (b) All conditions of approval for Development Review No. 2006-07 and Minor Conditional Use Permit No. 2006-03 under Planning Commission Resolution No. 2006-12 shall remain in full force and effect except as amended herein. (c) This extension of time, Development Review No. 2006-07(1) and Minor Conditional Use Permit No. 2006-03(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 March 28, 2009. (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 Steven and Luzmaria Babbitt, 2605 Rising Star Drive, Diamond Bar, CA 91765 2 Planning Commission Resolution No. 2008-11 APPROVED AND ADOPTED THIS 8th DAY OF APRIL 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: --`i' To T&nng, Vic hat an 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 8th day of April 2008, by the following vote: ,AYES: Commissioners: Shah, Lee, Nolan, VC/Torng NOES: Commissioners: None ABSENT: Commissioners: Chair/Nelson ABSTAIN: Commissioners: None ATTEST: Nancy Fongjj Secreta 3 Planning Commission Resolution No. 2008-11 PLANNING COMMISSION RESOLUTION NO. 2008-11 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW 2006-07(1) AND MINOR CONDITIONAL USE PERMIT 2006-03(1) AUTHORIZING AN ADDITION OF 829 SQUARE -FOOT ADDITION TO AN EXISTING DWELLING. THE PROJECT SITE IS LOCATED AT 2605 RISING STAR DRIVE (LOT 9, TRACT 25990), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owners, Steven and Luzmaria Babbitt filed an application requesting a one year extension of the time to exercise the entitlement approved with Planning Commission Resolution No. 2006-12. The extension of time is from March 28, 2008, to March 28, 2008. 2. 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. 3. On April 8, 2008, 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) 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 applicants have proceeded in good faith and has exercised due diligence in seeking to establish the entitlement. The applicants have completed the Public Works and Building & Safety Division plan check process. At this time, the applicants anticipate starting working on June 2008. Because the applicants have demonstrated that they need more time, staff supports the applicants' request for a one year extension of time. 4. Based upon the information provided including written and oral staff reports, the contents of Planning Commission Resolution No. 2006-12, 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. 2006-07 and Minor Conditional Use Permit No. 2006- 03 approved via Planning Commission Resolution No. 2006-12; and Exhibit "A" as submitted and approved by the Planning Commission on March 28, 2006, and as amended herein. (b) All conditions of approval for Development Review No. 2006-07 and Minor Conditional Use Permit No. 2006-03 under Planning Commission Resolution No. 2006-12 shall remain in full force and effect except as amended herein. (c) This extension of time, Development Review No. 2006-07(1) and Minor Conditional Use Permit No. 2006-03(1) is valid for one year and shall be exercised (i.e., obtain a building permit with continuous onsite construction activity including pouring of foundation, installation of utilities and other substantial improvements has commenced) within that period or this approval shall expire on March 28, 2009. (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 Steven and Luzmaria Babbitt, 2605 Rising Star Drive, Diamond Bar, CA 91765 2 Planning Commission Resolution No. 2008-11 APPROVED AND ADOPTED THIS 8th DAY OF APRIL 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Toroffig, Vice Chp an 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 8th day of April 2008, by the following vote: ,AYES: Commissioners: Shah, Lee, Nolan, VC/Torng NOES: Commissioners: None ABSENT: Commissioners: Chair/Nelson ABSTAIN: Commissioners: None 3 Planning Commission Resolution No. 2008-11