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HomeMy WebLinkAboutPC 2021-21PLANNING COMMISSION RESOLUTION NO. 2021-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. PL2018-226 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE TO CONSTRUCT A NEW 8,906 SQUARE -FOOT, TWO-STORY SINGLE-FAMILY RESIDENCE, 991 SQUARE -FOOT GARAGE, 116 SQUARE -FOOT FRONT PORCH, 872 SQUARE FEET OF PATIO/BALCONY AREAS, 1,616 SQUARE FEET OF DECK AREA AND A 95 SQUARE - FOOT DRESSING ROOM ON AN 1.32 GROSS ACRE (57,499 SQUARE -FOOT) LOT LOCATED AT 2432 INDIAN CREEK ROAD, DIAMOND BAR, CA 91765 (APN 8713-037- 007). A TREE PERMIT IS ALSO REQUESTED TO PROTECT TWO CALIFORNIA BLACK WALNUT TREES. A. RECITALS 1. On January 28, 2020, the Planning Commission approved Development Review and Tree Permit No. PL2018-226, to request the following approvals from the Planning Commission: (a) Development Review to demolish an existing single-family residence to construct a new 8,906 square -foot, two-story single-family residence, 991 square -foot garage, 116 square -foot front porch, 872 square feet of patio/balcony areas, 1,616 square feet of deck area and a 95 square -foot dressing room; and (b) Tree Permit to protect two California black walnut trees located in close proximity to the proposed construction. Hereinafter in this Resolution, the subject Development Review and Tree Permit shall be referred to as the "Proposed Project." 2. The subject property is made up of one parcel totaling 57,499 gross square feet (1.32 gross acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential. 3. The legal description of the subject property is Lot 76 of Tract No. 23483, The Assessor's Parcel Number is 8713-037-007. 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, Mei Lan Liang and Jimmy Liang, on behalf of Y&L Home, LLC, has filed a request for a one-year extension of time for the Project. 6, On October 29, 2021, public hearing notices were mailed to property owners within a 1,000-foot radius of the Project site. On October 29, 2021, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. Also, public notices were posted at the project site and the City's designated community posting sites. On November 9, 2021, 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 January 287 2020, 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: On the filing of a request for extension by the applicant at least 30 days before the expiration, the original review authority may extend the time to establish an approved permit. The applicant has submitted a request for aone-year extension of time to the City on September 21, 2021, which complies with the filing deadline of December 28, 2021. The permittee has made a good faith effort to establish the permit and has exercised due diligence in seeking to establish the permit. The burden of proof is on the permittee to establish, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended. As a result of the COVID49 pandemic, there was a period of time when construction costs increased significantly. The applicant was uncertain on whether to proceed with the project as designed, which caused delays to the submission of construction drawings. Construction costs have since decreased, and the applicant has decided to proceed with the current design. The applicant is currently preparing structural, electrical, mechanical, and plumbing plans and is expected to submit for plan check to the Building and Safety Division in January 2022. The applicant is unable to start construction prior to the expiration date of the Planning Commission approval, and as a result submitted a request for an extension of time. 2 PC Resolution No. 2021-21 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: 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 and Tree Permit No. PL2018- 226 approved by Planning Commission Resolution No. 2020-05 shall remain in full force and effect except as amended herein. 3. This approval shall extend the expiration date of Development Review and Tree Permit No. PL2018-226 to January 28, 2023, 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 owner and applicant, Y&L Home, LLC and Mei Lan & Jimmy Liang, 14328 Lomitas Ave, City of Industry, CA 91745, APPROVED AND ADOPTED THIS 9ih DAY OF NOVEMBER 2021, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: 4na4) William Rawlings, Oairman 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 9th day of November, 2021, by the following vote: AYES: Commissioners: Barlas, Wolfe, VC/Garg, Chair/Rawlings NOES: Commissioners: None ABSENT: Commissioners: Mok ABSTAIN: Commissioners: None ATTEST:I I I i La Greg Gubman, Secretary 3 Ext. DR/TP PL18-226