HomeMy WebLinkAboutPC 2022-15PLANNING COMMISSION
RESOLUTION NO. 2022-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR DEVELOPMENT
REVIEW NO. PL2018-100, TO DEMOLISH AN EXISTING 1,562 SQUARE -FOOT
RESIDENCE AND CONSTRUCT OF A NEW 2,658 SQUARE -FOOT SINGLE-FAMILY
RESIDENCE WITH AN 821 SQUARE -FOOT GARAGE AND 1,008 SQUARE FEET OF
PATIO/PORCH/BALCONY AREA ON A 27,034 SQUARE -FOOT LOT LOCATED AT
340 FERN PLACE, DIAMOND BAR, CA (APN 8281-002-029).
A. RECITALS
1. On April 28, 2020, the Planning Commission approved Development Review
No. PL2018-100 to demolish an existing 1,562 square -foot residence and
construct a 2,658 square -foot single-family residence with an 821 square -foot
garage and 1,008 square feet of patio/porch/balcony area on a 27,034 square -
foot lot. The project site is more specifically described as 340 Fern Place,
Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the
subject Development Review shall collectively be referred to as the "Project" or
"Proposed Use."
2. The subject property consists of one parcel totaling 27,034 square feet
(0.62 gross acres). It is located in the Low Density Residential (RL) zone and is
consistent with the Low Density Residential land use designation of the General
Plan.
3. The Assessor's Parcel Number is 8281-002-029.
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. On March 27, 2022, the applicant, Bao Pham, BPD Engineering, on behalf of
owner, Alan Lim, has filed a request for a one-year extension of time for the
Project.
6. On August 30, 2022, public hearing notices were mailed to property owners within
a 1,000-foot radius of the Project site. On September 2, 2022, 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.
7. On September 13, 2022, 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 August 28, 2020, the Planning Commission determined the Project to be
Categorically Exempt from the provisions of CEQA pursuant to Article 19 under
Section 15303(a) (construction of a new 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 filings 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
cone -year extension
of time to the City
on March 21
2022, which complies with
the filing deadline of
March 28th, 2022.
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.
The applicant submitted plans for building permits in July 2020. The Building and
Safety Division requested corrections for building code compliance in
August 2020. Due to the COVID-19 pandemic, the applicant suffered staffing
shortage and their offices were closed for a period of time. As a result, the
applicant was unable to resubmit plans until August 2021,
Since August 2021, the applicant has been making progress. Subsequent rounds
of submittals and response occurred between August 2021 and February 2022.
As of the writing on this staff report, all corrections have been resolved. Approval
of the building permit is pending the approval of this extension of time request.
The applicant has also been working with the Public Works Department to resolve
remaining corrections on the grading plans for the project. The applicant last
received City comments and corrections in January 2021. Due to the delays
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PC Resolution No. 2022-15
caused by the applicant's civil engineering subconsultant, the applicant was
unable to move forward with resubmittal in a timely manner. The applicant has
since hired a new subconsultant and resubmitted plans in May 2022.
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 No. PL2018-100 approved by
Planning Commission Resolution No. 2020-10 shall remain in full force and effect
except as amended herein.
3. This approval shall extend the expiration date of Development Review
No. PL2018-100 to April 27, 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 applicant, Bao Pham, BPD Engineering, and owner, Alan Lim.
APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER 2022, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: � —
Raym d Wolfe, a rson
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 13th day of September, 2022, by the following vote:
AYES: Commissioners: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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