HomeMy WebLinkAboutPC 2019-05PLANNING COMMISSION
RESOLUTION NO. 2019-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2017-138 TO CONSTRUCT AN ADDITION CONSISTING OF
1,273 SQUARE FEET OF LIVING AREA AND 513. SQUARE FEET OF
GARAGE AREA TO AN EXISTING 3,182 SQUARE -FOOT RESIDENCE ON A
1.64 GROSS ACRE (71,313 GROSS SQUARE -FOOT) LOT AT
23331 RIDGELINE ROAD, DIAMOND BAR, CA 91765 (APN 8713-005-023). A
MINOR CONDITIONAL USE PERMIT IS REQUESTED TO ALLOW THE
CONTINUATION OF AN EXISTING NONCONFORMING STRUCTURE WITH A
20 -FOOT FRONT SETBACK (WHERE 30 FEET IS REQUIRED). A TREE
PERMIT IS ALSO REQUESTED TO PROTECT TWO COAST LIVE OAK AND
TWO BLACK WALNUT TREES.
A. RECITALS
1. The property owner, Tuan Tran, and applicant, An Ha, have filed an
application for Development Review No. PL2017-138 to construct an
addition consisting of 1,273 square feet of living area and 513 square feet
of garage area to an existing 3,182 square -foot single-family residence
located at 23331 Ridgeline Road, Diamond Bar, County of Los Angeles,
California. .
The following approvals are requested from the Planning Commission:
(a) Development Review to construct an addition consisting of 1,273
square feet of living area and 513 square feet of garage area.
(b) Minor Conditional Use Permit to allow an addition over 50 percent of
the existing square -footage to a nonconforming structure with a
preexisting nonconforming 20 -foot front setback (where 30 feet is
required).
(c) Tree Permit to protect two coast live oak trees and two black walnut
trees located adjacent to the proposed construction.
Hereinafter ,in this Resolution, the subject Development Review, Minor
Conditional Use Permit, and Tree Permit shall be referred to as the
'Proposed Project."
3. The subject property is made up of one parcel totaling 71,313 gross square
feet (1.64 gross acres). It is located in the Rural Residential (RR) zone with
an underlying General Plan land use designation of Rural Residential.
4. The legal description of the subject property is Lot 44 of Tract No. 30091.
The Assessor's Parcel Number is 8713-032-021.
5. On May 2, 2019, public hearing notices were mailed to property owners
within a 1,000 -foot radius of the Project site. On May.3, 2019, notification
of the public hearing for this project was published in the San Gabriel Valley
Tribune and the Inland Valley Daily Bulletin newspapers; 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.
6. On May 14, 2019, 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; and
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the provisions of Article 19,
Section 15301 (e) (additions to existing structures) of the CEQA Guidelines.
Therefore, no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.48, 22.56, 22.68, and 2.38, this
Planning Commission hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines, and
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments).
The design and layout of the proposed addition consisting of 1,273 square
feet of living area and 513 square feet of garage area to the front and rear
of the single-family residence and 513 square -foot garage addition is
consistent with the City's General Plan, City Design Guidelines and
PC Resolution No. 2018-05
Development Code standards. The mass and scale of the addition are
proportionate to the existing house and surrounding properties.
The project site is not part of any theme area, specific plan, community plan,
boulevard or planned development.
2. The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future developments, and
will not create traffic or pedestrian hazards.
The proposed addition will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of the project
site is designed for a single-family home and the surrounding uses are also
single-family homes.
The proposed addition will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single-
family home because it complies with the requirements for driveway widths
and is a continuation of an existing use.
3. The architectural design of the proposed development is compatible with
the character of the surrounding neighborhood and will maintain and
enhance the harmonious, orderly and attractive development contemplated
by Chapter 22.48: Development Review Standards, the City's Design
Guidelines, the City's General Plan, or any applicable specific plan.
The project is located between two, two-story homes to the west and east.
The proposed addition will not be intrusive to neighboring homes since the
proposed addition will not block existing views from adjacent properties
because the adjacent homes to the east and west have views to the north
and the house across the street to the south has views to the south and
- west The house will be similar in mass and scale compared to other
existing homes on similar lots in The Country. The architecture in The
Country is eclectic, and includes a variety of architectural designs. The
scale and proportions of the addition are well balanced and appropriate for
the site.
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
through good aesthetic use of materials, texture, color, and will remain
aesthetically appealing.
The applicant is proposing to change the architectural style to Italian
Renaissance. Italian Renaissance elements include hipped roof style with
concrete s -tiles, decorative brackets that support wide overhanging eaves,
decorative arched windows on the first floor and rectangular windows on
the second floor, and balustrade balcony railings. The entryway includes
and arched entrance with classical columns. Earth -tone shades for the
3 PC Resolution No. 2018-05
exterior finish are used to soften the building's visual impact and assist in
preserving the hillside's aesthetic value. Also, landscaping is integrated into
the site to complement the massing of the house and blend in with
neighboring homes and the natural environment of the site in order to
maintain a desirable environment. The scale and proportions of the addition
are well balanced and appropriate for the site.
5. The proposed development will not be detrimental to public health, safety
or welfare or materially injurious (e.g., negative effect on property values or
resale(s) of property) to the properties or improvements in the vicinity.
Before the issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution, and the Building
and Safety Division and Public Works Departments requirements.
Through the permit and inspection process, the referenced agencies will
ensure that the proposed project is not detrimental to the public health,
safety or welfare or materially injurious to the properties or improvements in
the vicinity.
6. The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301 (e) (additions to existing structures) of the CEQA guidelines.
Minor Conditional Use Permit Findings (DBMC Section 22.56.040)
The proposed use is allowed within the subject zoning district with the
approval of a Minor Conditional Use Permit and complies with all other
applicable provisions of this Development Code and the Municipal Code.
The existing single-family dwelling is a permitted use in the RR zone. A
Minor Conditional Use Permit (MCUP) is requested to allow an addition over
50 percent of the existing square -footage to a nonconforming structure with
a preexisting nonconforming front setback of 20 feet (where 30 feet is
required).
The preexisting substandard front setback renders the project
nonconforming. The addition of a nonconforming. structure requires
approval of a Minor Conditional Use Permit because the addition is greater
than 50 percent of the existing home. The proposed addition consisting of
1, 273 square -foot living area and 513 square -foot garage addition complies
with the development standards of the RR zone and will not further
encroach into the nonconforming front setback.
4 PC Resolution No. 2019-05
2. The proposed use is consistent with the general plan and any applicable
specific plan.
The proposed addition to a single-family dwelling unit is consistent with the
City's adopted General Plan. The site is not subject to the provisions of any
specific plan.
3. The design, location, size and operating characteristics of the proposed use
are compatible with the existing and future land uses in the vicinity.
The existing single-family dwelling and the proposed addition consisting of
1, 273 square feet of living area and 513 square -foot garage addition will not
further encroach into the existing nonconforming 20 -foot front setback. The
proposed two-story addition is located at front and rear of the house. The
design of the existing single-family dwelling and the proposed addition are
compatible with the character of the existing homes in the neighborhood
because the architecture in The Country is eclectic and includes a variety
of architectural designs. Therefore, the addition will not negatively impact
the look and character of the neighborhood.
4. The subject site is physically suitable for the type and density/intensity of
use being proposed including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints.
The subject site is physically suitable for the existing single-family.
residential dwelling and the proposed addition. The existing and proposed
use of land is consistent with the surrounding land uses. The proposed
addition is consistent with the development standards for the RR zone and
will not further encroach into the existing nonconforming front setback.
5. Granting the Minor Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience or welfare, or materially injurious
to persons, property or improvements in the vicinity and zoning district in
which the property is located.
The granting of the Minor Conditional Use Permit will allow the addition of
the existing single-family dwelling unit in a manner similar with existing
dwelling units located in the surrounding neighborhood. The proposed
expansion of the dwelling unit will not negatively impact the public interest,
health, safety, convenience or welfare.
6. The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301 (e) (additions to existing structure) of the CEQA Guidelines.
5 PC Resolution No. 2019-05
Non -Conforming Structures Findings (DBMC Section 22 68.030)
The addition, enlargement, extension, reconstruction, relocation or structural
alteration of the nonconforming structure would not result in the structure
becoming:
Incompatible with other structures in the neighborhood.
The proposed two-story addition of floor area is consistent with the
development standards for the RR zone. The existing single-family dwelling
and the proposed addition consisting of 1, 273 square feet of living area and
513 square -foot garage addition will comply with current development
standards and not further encroach into the existing nonconforming front
setback. The proposed project is located at the front and rear of the existing
home. The existing and proposed land use is consistent with the
surrounding land uses and structures in the neighborhood. Additionally, the
neighboring properties also have nonconforming front setbacks, so the
proposed project will remain consistent with other homes within the
neighborhood.
2. Inconsistent with the general plan or any applicable specific plan.,
The proposed addition to a single-family dwelling unit is consistent with the
City's adopted General Plan. The site is not subject to the provisions of any
specific plan.
3. A restriction to the eventual/future compliance with the applicable
regulations of this Development Code.
The existing and proposed land use is consistent with the surrounding land
uses with similar side setbacks. The proposed addition of floor area is
consistent with the development standards for the RR zone and will not
encroach into the existing nonconforming front setback.
4. Detrimental to the health, safety and general welfare of persons residing in
the neighborhood.
Before the issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution, and the Building
and Safety Division and Public WorksWEngineedng Departments
requirements.
Through the permit and inspection process, the referenced agencies will
ensure that the proposed project is not detrimental to the public health,
safety or welfare or materially injurious to the properties or improvements in
the vicinity.
PC Resolution No. 2019-05
5. Detrimental and/or injurious to property and improvements in the
neighborhood.
The addition to the existing single-family dwelling unit will be constructed in
a manner similar with existing dwelling units located in the surrounding
community and will not be detrimental and/or injurious to property, and
improvements in the neighborhood,
Tree Permit Finding (DBMC Section 22.38.110)
The tree is a public nuisance by causing damage to improvements
(e.g., building foundations, retaining walls, roadways/driveways, patios, and
decks) and appropriate mitigation measures will be implemented in
compliance with DBMC Section 22.38.140 (Tree protection requirements)
below.
The applicant submitted a tree assessment report, prepared by a licensed
arborist dated March 29, 2019, which indicates there are four trees—two
coast live oak and two black walnut trees—classified as protected within the
front and east side of the property. The tree protection zone is located
approximately six feet from the nearest proposed retaining wall. Due to
construction being. in close proximity to the protected zone, a tree permit is
required to prevent possible negative impacts to the trees during grading
and construction activities. The report outlines specific protective measures
to protect this tree during construction, and are included as conditions as
approval
Based upon the findings and conclusion set forth above, the Planning Commission hereby
approves this Application, subject to the following conditions:
1. Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing.
2. Prior to building permit issuance, the required landscape plan shall be
designed to meet the requirements of the Los Angeles County Fire
Department's Fuel Modification Plan Guidelines in terms of plant selection,
placement and maintenance. The final landscape and fuel modification
plans shall be submitted to the Los Angeles Fire Department for review and
approval.
3. Prior to building permit issuance, a Certification of Design, together with
landscape and irrigation plans prepared by a licensed landscape architect,
shall be submitted to the Planning Division for review and approval by the
City's Consulting Landscape Architect. Landscape and irrigation plans shall
comply with the updated Water Efficient Landscaping Ordinance.
4. Prior to the issuance of a demolition, grading or building permit, the
7 PC Resolution No. 2019-05
protected trees shall be barricaded by chain link fencing with a minimum
height of five feet, or by another protective barrier approved by the
Community Development Director or designee. Chain link fencing shall be
supported by vertical posts at a maximum of ten -foot intervals to keep the
fencing upright and in place. Barriers shall be placed at least five (5) feet
from the drip line of the.trees. A sign posted on the fencing which states
"Warning: Tree Protection Zone" and stating the requirements of all workers
in the protection zone. Throughout the course of construction, the tree
protection fencing shall be maintained and the site shall be maintained and
cleaned at all times. No construction staging or disposal of construction
materials or byproducts, including but not limited to paint, plaster, or
chemical solutions is allowed in the tree protection zone. The fencing plan
shall be shown on the grading plan and other applicable construction
documents and the Applicant, Owner or construction manager shall contact
the Planning Division to conduct a site visit prior to commencement of any
work to ensure this condition is met.
All work conducted close to the protected zone of the protected oak and
black walnut trees shall be performed within the presence of a qualified
arborist. A 48-hour notice shall be.provided to the arborist and the Planning
Division prior to the planned start of work.
6. If protective measures fail to ensure the survival of any protected tree during
construction activity or within three years after approval of final inspection,
a minimum of three 24 -inch box protected species shall be planted on the
property for each protected tree that dies.
2. Standard Conditions. The applicant shall comply with the standard development
conditions attached hereto.
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 property owner, Tuan Tran, 23331 Ridgeline Rd., Diamond
Bar, CA 91765, and applicant, An Ha, 3140 Trask Ave. Suite 202,
Garden Grove, CA 92844.
8 PC Resolution No. 2019-05
APPROVED AND ADOPTED THIS 14TH DAY OF MAY 2019, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Naila Barlas, Chairperson
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 14th day of May, 2019, by the following vote:
AYES: Commissioners: Kahlke, Mok, Rawlings, VC/Farago, Chai.i/Barlas
NOES: Commissioners: none
ABSENT: Commissioners: none
ABSTAIN: Commissioners: None
ATTEST: uz-.
Greg Gubman, Secretary
9 DR PL2017-138
�II DItA�NIOND SAId11 COMMUNITY•
PMENT DEPARTMENT
STANDARD CONDITIONS
USE.PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review, Minor Conditional Use Permit, and Tree
Permit No. PL 2017-138
SUBJECT: To construct an addition consisting of 1,273 square feet of living
area and 513 square feet of garage area. A Minor Conditional
Use Permit is requested to allow the continuation of an existing
nonconformina structure with a 20 -foot front setback (where 30
PROPERTY Tuan Tran
OWNER: 23331 Ridgeline Road
Diamond Bar CA 91765
APPLICANT: An Ha
3140 Trask Ave. Suite 202
Garden Grove, CA 92844
LOCATION: 23331 Ridgeline Rd., Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
The applicant shall defend, indemnify, and hold harmless the City,
and its officers, agents and employees, from any claim, action, or
proceeding to attack, set-aside, void or annul, the approval of
Development Review, Minor Conditional Use Permit, and Tree
10 PC Resolution No. 2019-05
Permit No. PL2017-138 brought within the time period provided by
Government Code Section 66499.37. In the event the city and/or its
officers, agents and employees are made a party of any such action:
(a) Applicant shall provide a defense. to the City defendants or at
the .City's option reimburse the City its costs of defense,
including reasonable attorneys fees, incurred in defense of
such claims.
(b) Applicant shall promptly pay any final judgment rendered
against the City defendants. The City shall promptly notify the
applicant of any claim, action of proceeding, and shall
cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant
and owner of the property involved have filed, within twenty-one
(21) days of approval of this Development Review, Minor Conditional
Use Permit, and Tree Permit No. PL2017-138, at the City of Diamond
Bar Community Development Department, their affidavit stating that
they are aware of and agree to accept all the conditions of this
approval. Further, this approval shall not be effective until the
applicants pay remaining City processing fees, school fees and fees
for the review of submitted reports.
3. All designers, architects, engineers, and contractors associated with
this project shall obtain a Diamond Bar Business License; and a
zoning approval for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2019-05,
Standard Conditions, and all environmental mitigations shall be
included on the plans (full size). The sheet(s) are for information only
to all parties involved in the construction/grading activities and are
not required to be wet sealed/stamped by a licensed
Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for
Planning Division review and approval.
6. Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance
with the conditions of approval and all laws, or other applicable
regulations.
11 PC Resolution No. 2019-05
8. Approval of this request shall not waive compliance with all sections
of the Development Code, all other applicable City Ordinances, and
any applicable Specific Plan in effect at the time of building permit
issuance.
9. All site, grading, landscape/irrigation, and roof plans, and elevation
plans shall be coordinated for consistency prior to issuance of City
permits (such as grading, tree removal, encroachment, building, etc.)
or approved use has commenced, whichever comes first.
10. The hours during which construction activities causing the operation
of any tools or equipment used in construction, drilling, repair,
alteration, or demolition work are limited to Monday through
Saturday, between the hours of 7:00 a.m. and 7:00 p.m., and are not
allowed at any time on Sundays or holidays.
11. The property owner/applicant shall remove the public hearing notice
board within three days of this project's approval.
12. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the
Fire Department.
13. Prior to issuance of building permits, the applicant shall record, and
provide the City with a conformed recorded copy of, a Covenant and
Agreement or similar document in a form approved by the City
Attorney, which restricts the rental of rooms or other portions of the
property under two or more separate agreements and prohibits use
of the property as a boarding or rooming house, except to the extent
otherwise permitted by the Diamond Bar Municipal Code or
applicable state or federal law.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, Public Works Department
and Mitigation Monitoring) at the established rates, prior to issuance
of building or grading permit (whichever comes first), as required by
the City. School fees as required shall be paid prior to the issuance
of building permit. In addition, the applicant shall pay all remaining
prorated City project review and processing fees prior to issuance of
grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of
this project shall have no deficits.
12 PC Resolution No, 2019-05
C. TIME LIMITS
1. The approval of Development Review, Minor Conditional Use Permit,
and Tree Permit No. PL2017-138 expires within two years from the
date of approval if the use has not been exercised as defined
pursuant to Diamond Bar Municipal Code (DBMC)
Section 22.66.050(b)(1). In accordance with DBMC
Section 22.60.050(c), the applicant may request, in writing, a one
year time extension for Planning Commission consideration. Such a
request must be submitted to the. Planning Division prior to the
expiration date and be accompanied by the review fee in accordance
with the Fee Schedule in effect at the time of submittal.
D. SITE DEVELOPMENT
1. This approval is to construct an addition consisting of 1,273 square
feet of living area and 513 square -foot garage addition at the front
and rear of an existing single-family residence located at 23440
Ridgeline Road, as described in the staff report and depicted on the
approved plans on file with the Planning Division, subject to the
conditions listed herein.
2. The construction documents submitted for plan check shall be in
substantial compliance with the architectural plans approved by the
Planning Commission, as modified pursuant to the conditions below.
If the plan check submittal is not in substantial compliance with the
approved Development Review and Minor Conditional Use Permit
submittal, the plans may require further staff review and re -
notification of the surrounding property owners, which may delay the
project and entail additional fees.
3. To ensure compliance with the provisions of the Planning
Commission approval, a final inspection is required from. the
Planning Division when work for any phase of the project has been
completed. The applicant shall inform the Planning Division and
schedule an appointment for such an inspection.
4. The above conditions shall run with the land and shall be binding
upon all future owners, operators, or successors thereto of the
property. Non-compliance with any condition of approval or
mitigation measure imposed as a condition of the approval shall
constitute a violation of the City's Development Code. Violations may
be enforced in accordance with the provisions of the Development
Code.
13 PC Resolution No. 2019-05
5. Failure to comply with any of the conditions set forth above or as
subsequently amended in writing by the City, may result in failure to
obtain a building final and/or a certificate of occupancy until full
compliance is reached. The City's requirement for full compliance
may require minor corrections and/or complete demolition of a non-
compliant improvement, regardless of costs incurred where the
project does not comply with design requirements and approvals that
the applicant agreed to when permits were pulled to construct the
project.
6. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
amended herein by the Planning Commission, collectively attached
referenced as site plans, floor plans, architectural elevations, and
landscape plans on file with the Planning Division, the conditions
contained herein, and the Development Code regulations.
7. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete
or masonry walls, berms, and/or landscaping to the satisfaction of
the Planning Division.
8. All roof -mounted equipment shall be screened from public view.
9. All structures, including walls, trash enclosures, canopies, etc., shall
be maintained in a structurally sound, safe manner with a clean,
orderly appearance. All graffiti shall be removed within 72 hours by
the property owners/occupant.
10. All landscaping, structures, architectural features and public
improvements damaged during construction shall be repaired or
replaced upon project completion.
E. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris
both during and after the construction, addition, or implementation of
the entitlement approved herein. The removal of all trash, debris,
and refuse, whether during or subsequent to construction shall be
done only by the property owner, applicant or by a duly permitted
waste contractor, who has been authorized by the City to provide
collection, transportation, and disposal of solid waste from
residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste
14 PC Resolution No. 2019-05
contractor used has obtained permits from the City of Diamond Bar
to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by
approval of this project.
F. FIRE PROTECTION STANDARDS
1. Development shall be constructed to reduce the potential for spread
of brushfire.
a. In the case of a conflict, where more restrictive provisions are
contained in the Uniform Building Code or in the fire code, the
more restrictive provisions shall prevail.
b. Roofs shall be covered with noncombustible materials as
defined in the building code. Open eave ends shall be
stopped in order to prevent bird nests or other combustible
material lodging within the roof and to preclude entry of
flames.
C. Exterior walls shall be surfaced with noncombustible or fire-
resistant materials.
d. Balconies, patio roofs, eaves and other similar overhangs
shall be of noncombustible construction or shall be protected
by fire-resistant material in compliance with the building code.
2. All development shall be constructed with adequate water supply
and pressure for all proposed development in compliance with
standards established by the fire marshal.
3. A permanent fuel modification area shall be required around
development projects or portions thereof that are adjacent or
exposed to hazardous fire areas for the purpose of fire protection.
The required width of the fuel modification area shall be based on
applicable building and fire codes and a fire hazard analysis study
developed by the fire marshal. In the event abatement is not
performed, the council may instruct the fire marshal to give notice to
the owner of the property upon which the condition exists to correct
the prohibited condition. If the owner fails to correct the condition,
the council may cause the abatement to be performed and make the
expense of the correction a lien on the property upon which the
conditions exist.
15 PC Resolution No. 2019-05
4. Fuel modification areas shall incorporate soil erosion and sediment
control measures to alleviate permanent scarring and accelerated
erosion.
5. If the fire marshal determines in any specific case that difficult terrain,
danger of erosion, or other unusual circumstances make strict
compliance with the clearance of vegetation undesirable or
impractical, the fire marshal may suspend enforcement and require
reasonable alternative measures designed to advance the purposes
of this chapter.
6. Special construction features may be required in the design of
structures where site investigations confirm potential geologic
hazards.
II. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. An Erosion Control Plan shall be submitted concurrently with the
grading plan clearly detailing erosion control measures. These
measures shall be implemented during construction. The erosion
control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's) as specified in the Storm Water
BMP Certification. For construction activity which disturbs one acre
or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will
be needed.
2. Grading and construction activities and the transportation of
equipment and materials and operation of heavy grading equipment
shall be limited to between the hours of 7:00 a.m. and 7:00 p.m.,
Monday through Saturday. Dust generated by grading and
construction activities shall be reduced by watering the soil prior to
and during the activities and in accordance with South Coast Air
Quality Management District Rule 402 and Rule 403. Reclaimed
water shall be used whenever possible. Additionally, all construction
equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1. Prior to grading plan submittal, a geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California, shall be
submitted by the applicant for approval by the City.
16 PC. Resolution No. 2019-05
2. Upon approval of the geotechnical report, the applicant shall submit
drainage and grading plans prepared by a Civil Engineer, licensed
by the State of California, prepared in accordance with the City's
requirements for the City's review and approval. A list of
requirements for grading plan check is available from the Public
Works Department. All grading (cut and fill) calculations shall be
submitted to the City concurrently with the grading plan.
3. Finished slopes shall conform to City Code Section 22.22.080 -
Grading.
4. The grading plan shall show the location of any retaining walls and
the elevations of the top of wall/footing/retaining and the finished
grade on both sides of the retaining wall. Construction details for
retaining walls shall be shown on the grading plan. Calculations and
details of retaining walls shall be submitted to the Building and Safety
Division for review and approval.
5. All equipment staging areas shall be located on the project site.
Staging area, including material stockpile and equipment storage
area, shall be enclosed within a 6 foot -high chain link fence. Ali
access points in the defense shall be locked whenever the
construction site is not supervised.
6. Grading of the subject property shall be in accordance with the
California Building Code, City Grading Ordinance, Hillside
Management Ordinance and acceptable grading practices.
7. The maximum grade of driveways serving building pad areas shall
be 15 percent. Driveways with a slope of 15 percent shall incorporate
grooves for traction into the construction as required by the City
Engineer.
8. All slopes shall be seeded per landscape plan and/or fuel
modification plan with native grasses or planted with ground cover,
shrubs, and trees for erosion control upon completion of grading or
some other alternative method of erosion control shall be completed
to the satisfaction of the City Engineer and a permanent irrigation
system shall be installed.
9. A pre -construction meeting shall be held at the project site with the
grading contractor, applicant, and city grading inspector at least 48
hours prior to commencing grading operations.
10. Rough grade certifications by project soils and civil engineers and
the as -graded geotechnical report shall be submitted for review and
17 PC Resolution No. 2019-05
approval prior to issuance of building permits for the foundation of
the residential structure. Retaining wall permits may be issued
without a rough grade certificate.
11. Final grade certifications by project soils and civil engineers shall be
submitted to the Public Works Department prior to the issuance of
any project final inspections/certificate of occupancy respectively.
C. DRAINAGE
Detailed drainage system information of the lot with careful attention
to any flood hazard area shall be submitted. All drainage/runoff from
the development shall be conveyed from the site to the natural
drainage course. No on-site drainage shall be conveyed to adjacent
parcels, unless that is the natural drainage course.
D. UTILITIES
Applicant shall relocate and underground any existing on-site utilities
to the satisfaction of the City Engineer and the respective utility
owner (if applicable).
2. Underground utilities shall not be constructed within the drip line of
any mature tree except as approved by a registered arborist.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
At the time of plan check submittal, plans and construction shall conform to
current State and Local Building Code (i.e. 2016 California Building Code
series will apply) requirements and all other applicable construction codes,
ordinances and regulations in effect.
2. Provisions for Cal Green shall be implemented onto plans and certification
shall be provided by a third'party as required by the Building Division.
Specific water, waste, low VOC, and related conservation measures shall
be shown on plans. Construction shall conform to the current Cal Green
Code.
Plan Check — Items to be addressed prior to plan approval:
The minimum design load for wind in this area is 110 M.P.H. exposures "C"
and the site is within seismic zone D or E. The applicant shall submit
drawings and calculations prepared by a California State licensed
18 PC Resolution No. 2019-05
Architect/Engineer with wet stamp and signature.
4. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy or
equivalent per the current California Energy Code 119 and 150(k).
5. Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(0).
6. Public Works/Engineering Department is required to review and approve
grading plans that clearly show all finish elevations, drainage, and retaining
wall(s) locations: These plans shall be consistent with the site plan
submitted to the Building & Safety Division.
7. "Separate permits are required for retaining walls" and shall be noted on
plans.
8. All balconies shall be designed for 1.5 times the live load for the area served
per CBC Table 1607.1 (emergency regulations).
9. All easements shall be shown on the site plan.
10. Fire Department approval shall be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located
in High Hazard Fire Zone, it shall meet requirements of the fire zone per
CBC Chapter 7A.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4 inch or
more than 1/2 inch in any dimension except where such openings are
equipped with sash or door.
c. Eaves shall be protected.
d. Exterior construction shall be one-hour or non-combustible.
e. Fuel modification plans shall be approved through LA County Fire Fuel
Modification Unit.
f. LA County Fire shall approve plans for fire flow availability due to home
being over 3600 sf as required per CFC Appendix B105.1.
11. All retaining walls shall be separately submitted to the Building & Safety and
Public Works/Engineering Departments for review and approval.
12. A soils report is required per CBC 1803 and all recommendations, of the
soils report shall be adhered to.
19 - PC Resolution No. 2019-05
13. Slope setbacks shall be consistent with California Building Code Figure
1805.3.1 and California Residential Code R403.1.7. Foundations shall
provide a minimum distance to daylight.
14. Light and ventilation shall comply with CBC 1203 and 1205.
15. The engineer of record shall analyze adjacent existing or new retaining
walls for any surcharge imposed by new retaining walls or structures.
16. The basement windows closed off shall be shown on plans to show that the
basement is non -habitable.
Permit—Items required prior to building permit issuance:
17. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of Title
8. The contractor shall complete all required forms and pay applicable
deposits prior to permit.
18. Prior to building permit issuance, all school district fees shall be paid.
Please obtain a form from the Building and Safety Division to take directly
to the school district.
19. Submit grading plans clearly showing all finish elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to
submitting a pad certification.
20. AQMD notification is required at least 10 days prior to any demolition. Proof
of notification is required at permit issuance.
21. All workers. on the job shall be covered by workman's compensation
insurance under a licensed general contractor. Any changes to the
contractor shall be updated on the building permit.
22. The basement retaining wall must be separated from the house plans and
separately permitted in order to certify the building pad before permit
issuance of the house structure.
Construction — Conditions required during construction:
23. Every permit issued by the building official under the provisions of this Code
shall expire and become null and void unless the work authorized by such
permit is commenced within one -hundred -eighty (180) days after permit
issuance, and if a successful inspection has not been obtained from the
building official within one -hundred -eighty (180) days from the date of permit
issuance or the last successful inspection. A successful inspection shall
20 PC Resolution No. 2079-05
mean a documented passed inspection by the city building inspector as
outlined in Section 110.6.
24. All structures and property shall be maintained in a safe and clean manner
during construction. The property shall be free of debris, trash, and weeds.
25. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
26. A height and setback survey may be required at completion of framing and
foundations construction phases respectively.
27. The project shall be protected by a construction fence to the satisfaction of
the Building Official, and shall comply with the NPDES & BMP requirements
(sand bags, etc.). All fencing shall be view obstructing with opaque
surfaces.
28. The location of property lines and building pad may require a survey to be
determined by the building inspection during foundation and/or frame
inspection.
29. The applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert
by dialing 811 or their website at www.digalert.org.
30. The applicant shall first request and secure approval from the City for any
changes or deviations from approved plans prior to proceeding with any
work in accordance with such changes or deviations.
31. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
32. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
33. Drainage patterns shall match the approved grading/drainage plan from the
Public Works/Engineering Department. Surface water shall drain away
from.the building at a 2% minimum slope. The final as -built conditions shall
match the grading/drainage plan or otherwise approved as -built
grading/drainage plan.
34. Decks, roofs, and other flat surfaces shall slope. at least 1/4"/ft with
approved and listed water proofing material. Guardrails shall be provided
for these surfaces at least 42" minimum in height, 4" maximum spacing
between rails, and capable of resisting at least 20 pounds per lineal foot of
lateral load.
21 PC Resolution No. 2019-05
35. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
36. All plumbing fixtures, including those in existing areas, shall be low -flow
models consistent with California Civil Code Section 1101.1 to 1101.8.
37. Handrails shall be installed at all stairs
38. Guardrails are required at all locations where a drop off of 30" or more
occurs.
END
22 PC ResoldtionNo. 2019-05