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Home My WebLink AboutPC 2021-22PLANNING COMMISSION RESOLUTION NO. 2021-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO, PL2019-42 TO CONSTRUCT A 31,458 SQUARE FOOT, SINGLE-FAMILY RESIDENCE WITH A 2,100 SQUARE FOOT GARAGE, AN 800 SQUARE FOOT PORTE- COCHERE AND 8,675 SQUARE FEET OF BALCONY AREA ON AN 8.51 GROSS ACRE (370,696 GROSS SQUARE -FOOT) LOT LOCATED AT 2244 INDIAN CREEK ROAD, DIAMOND BAR, CA 91765 (APN 8713-040-031). A TREE PERMIT WAS ALSO REQUESTED TO REMOVE THREE BLACK WALNUT TREES THAT ARE IN FAIR AND POOR HEALTH AND REPLACE WITH NINE COAST LIVE OAK TREES. A. RECITALS 1. On December 10, 2019, the Planning Commission approved Development Review and Tree Permit No. PL2019-42, to request the following approvals from the Planning Commission: (a) Development Review to construct a new 31,458 square -foot, single-family residence with a 2,100 square -foot garage, an 800 square -foot porte cochere and 8,675 square feet of balcony area; and (b) Tree Permit to remove three protected California black walnut trees that are in fair and poor health and replace with nine coast live oak trees. 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 370,696 gross square feet (8.51 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 65 of Tract No. 23483, The Assessor's Parcel Number is 8713-040-031. 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, Benjamin Hook of Windsor Group, on behalf of Henry Hau, 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 December 10, 2019, 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 a one-year extension of time to the City on September 21, 2021, which complies with the filing deadline of November 10, 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 COVID-19 pandemic, the project team has experienced difficulty with staffing levels and was not able to obtain building orgrading permits within the two-year timeframe. The applicant has submitted construction documents for the retaining walls, but are currently preparing structural, electrical, mechanical, and plumbing plans for the home and is expected to submit for plan check to the Building and Safety Division in January of 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. 2021-22 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. PL201942, approved by Planning Commission Resolution No. 2019-21 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 December 10, 2022. 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, Henry Hau and Benjamin Hook, Windsor Group, 1163 Fairway Drive Suite 102, City of Industry, CA 91789. APPROVED AND ADOPTED THIS 9tn DAY OF NOVEMBER 2021, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. William Rawlings, Ch irman 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 Greg Gubman, Secretary 3 Ext �R/TP PL2019-42