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HomeMy WebLinkAboutPC 2011-07PLANNING COMMISSION RESOLUTION NO. 2011-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2007-25 AND TREE PERMIT NO. 2007-06 TO CONSTRUCT A NEW 9,513 SQUARE -FOOT, THREE-STORY SINGLE-FAMILY RESIDENCE ON A 51,401 GROSS SQUARE -FOOT LOT LOCATED AT 2706 INDIAN CREEK ROAD, DIAMOND BAR, CA 91765 (APN 8713-036-018). A. RECITALS On February 10, 2009, the Planning Commission approved Development Review No. 2007-25 and Tree Permit No. 2007-06 to construct a new three- story 9,513 sq. ft. single-family residence located at 2706 Indian Creek Road, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Proposed Project." This approval included an initial two-year expiration date for the applicant to commence construction. 2. The subject property is made up of one parcel totaling 1.18 gross acres. It is located in the Rural Residential (RR) zone with a consistent underlying General Plan land use designation. 3. The legal description of the subject property is Tract 23483, Lot 102. The Assessor's Parcel Number is 8713-036-018. 4. Section 22.66.050 of the Diamond Bar Municipal Code authorizes the Planning Commission to grant time extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions. 5. Applicant, Pete Volbeda, on behalf of Basant Bhatia, has filed a request for a one-year extension of time for the Project. 6. On April 1, 2011, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 7. On April 12, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 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 all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. On April 12, 2011, the Planning Commission determined the Project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 under Section 15303(a) (New Construction of One Single -Family Residence) of the CEQA Guidelines. No further environmental review is required to extend the time limit for the approved project. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Extension of Time Findings Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.66.050, this Planning Commission hereby finds as follows: 1. There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code applicable to the project since the approval of the Development Review; There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code. The construction of a new single-family residence 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 Planning Commission Resolution No. 2009-03 will remain in full force and effect. 2. There have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project; and Since the Planning Commission approved the project, there have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project - 3. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. Since the Planning Commission approved the project, there have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. Based on the findings and conclusions set forth above and as prescribed under DBMC Section 22.66.050, this Planning Commission hereby approved the Application subject to the following conditions: 2 DR 20D7-25rTP 2D07-06 1. The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 2. All conditions of approval for Development Review No. 2007-25 and Tree Permit No. 2007-06 approved by Planning Commission Resolution No. 2009-03 shall remain in full force and effect except as amended herein. 3. This approval shall extend the expiration date of Development Review No. 2007-25 and Tree Permit No. 2007-06 to February 10, 2012. 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 the applicant, Pete Volbeda, 180 N. Benson Ave, Unit D, Upland, CA 91789, and the property owner, Basant Bhatia, 581 S. Azusa Way, La Puente, CA 91744. APPROVED AND ADOPTED THIS 12th DAY OF APRIL 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: i Jac4ah�," airman I, Greg Gubman, 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 12th day of April, 2011, by the following vote: AYES: Commissioners: Lin, Nelson, Torng, VC/Lee, Chair/Shah NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 3 DR 2007-25/TP 2007-06 PLANNING COMMISSION RESOLUTION NO. 2011-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2007-25 AND TREE PERMIT NO. 2007-06 TO CONSTRUCT A NEW 9,513 SQUARE-FOOT, THREE-STORY SINGLE -FAMILY RESIDENCE ON A 51,401 GROSS SQUARE-FOOT LOT LOCATED AT 2706 INDIAN CREEK ROAD, DIAMOND BAR, CA 91765 (APN 8713-036-018). A. RECITALS 1. On February 10, 2009, the Planning Commission approved Development Review No. 2007-25 and Tree Permit No. 2007- 06 to construct a new three- story 9,513 sq. ft. single -family residence located at 2706 Indian Creek Road, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Proposed Project." This approval included an initial two-year expiration date for the applicant to commence construction. 2. The subject property is made up of one parcel totaling 1.18 gross acres. It is located in the Rural Residential (RR) zone with a consistent underlying General Plan land use designation. 3. The legal description of the subject property is Tract 23483, Lot 102. The Assessor's Parcel Number is 8713-036-018. 4. Section 22.66.050 of the Diamond Bar Municipal Code authorizes the Planning Commission to grant time extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions. 5. Applicant, Pete Volbeda, on behalf of Basant Bhatia, has filed a request for a one-year extension of time for the Project. 6. On April 1, 2011, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500-foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 7 On April 12, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 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 all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. On April 12, 2011, the Planning Commission determined the Project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 under Section 15303(a) (New Construction of One Single -Family Residence) of the CEQA Guidelines. No further environmental review is required to extend the time limit for the approved project. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Extension of Time Findings Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.66.050, this Planning Commission hereby finds as follows: 1. There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code applicable to the project since the approval of the Development Review; There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code. The construction of a new single -family residence 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 Planning Commission Resolution No. 2009-03 will remain in full force and effect. 2. There have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project; and Since the Planning Commission approved the project, there have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project. 3. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. Since the Planning Commission approved the project, there have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. Based on the findings and conclusions set forth above and as prescribed under DBMC Section 22.66.050, this Planning Commission hereby approved the Application subject to the following conditions: 2 DR 2007-251TP 2007-06 1. The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 2. All conditions of approval for Development Review No. 2007-25 and Tree Permit No. 2007-06 approved by Planning Commission Resolution No. 2009-03 shall remain in full force and effect except as amended herein. 3. This approval shall extend the expiration date of Development Review No. 2007-25 and Tree Permit No. 2007-06 to February 10, 2012. 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 the applicant, Pete Volbeda, 180 N. Benson Ave, Unit D, Upland, CA 91789, and the property owner, Basant Bhatia, 581 S. Azusa Way, La Puente, CA 91744. APPROVED AND ADOPTED THIS 12th DAY OF APRIL 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Jack Shah, hairman I, Greg Gubman, 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 12th day of April, 2011, by the following vote: AYES: Commissioners: Lin, Nelson, Torng, VC/Lee, Chair/Shah NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None By: ATTEST: Greg Gubman, Secretary 3 DR 2007-25/TP 2007-06