HomeMy WebLinkAboutPC 2019-21PLANNING COMMISSION
RESOLUTION NO. 2019-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL201942 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 IS 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. The property owner, Henry Hua, and applicant, Pete Volbeda, have filed an
application for 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. On November 27, 2019, public hearing notices were mailed to property
owners within a 1,000-foot radius of the Project site. On November 27,
2019, notification of the public hearing for this project was published in the
San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers.
Also, public notices were posted at the project site and the City four
designated community posting sites.
On December, 10, 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
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 15303(a) (construction of a new single-family residence) 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 and 22.38, 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 single-family residence consisting of
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 is consistent with the City's General Plan, Design Guidelines and
development standards. A gradual transition between the project and
adjacent uses is achieved through appropriate setbacks, building height,
landscaping, and window and door placement.
2 PC Resolution No. 2019-21
The proposed new single-family residence incorporates various details and
architectural elements such as a flat roof, granite stone cladding and
limestone exterior finishes, pediment with ornate decorative detail at the
entrance, Corinthian columns, concrete balustrades, long elongated
windows, a cupola; and appropriate massing and proportion to meet the
intent of the City's Design Guidelines.
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 single-family house 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 new house will not be intrusive to
neighboring homes since the proposed house will not block existing views
from adjacent properties. The adjacent properties to the north have views
to the south but are at a much higher elevation. There is a canyon of
existing trees on the slopes of the adjacent properties to the south that
provides screening between the neighboring properties. The closest home
to the east is located approximately 455 feet away, have views to the
southwest and have existing trees that provides screening between the
neighboring properties. The adjacent properties to the west have views to
the east and southeast. With the proposed home, the views from three
properties will change, but the home will not obstruct their views.
Furthermore, these homes are at a higher elevation and is located
approximately 265 feet away. The home that may be impacted the most
have existing trees that provides screening between the properties.
The proposed single-family house 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 exceeds the minimum number of required off-street
parking spaces.
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;
3 PC Resolution No. 2019-21
Although the proposed house will be one of the largest homes in The
Country, the scale and proportions of the home are balanced and
appropriate for the 8.5--acre site. The architecture in The Country is
eclectic, and includes a variety of architectural designs. In sum, the
proposed project fits the character of the neighborhood on which it is
proposed. Additionally, the existing coast live oak and California black
walnut trees in the rear yard will remain, which will provide . screening
between the subject property and the neighboring properties to the rear.
The closest existing home from the project is located approximately 265 feet
away.
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 architectural style of the home is French Baroque, including details
such as a flat roof, pediment with ornate decorative detail at the entrance,
Corinthian columns, concrete balustrades, long elongated windows, and a
cupola. The new home will not be intrusive to neighboring homes and will
be aesthetically appealing by integrating a variety of materials, such as
granite stone cladding and limestone exterior finishes. Earth -tone shades
for the 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
proposed home 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; and
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).
4 PC Resolution Na. 2019-21
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15303(a) (construction of a new single-family residence) of the
CEQA Guidelines.
Tree Permit Finding (DBMC Section 22.38. I U)
1. Preservation of the tree is not feasible and would compromise the property
owner's reasonable use and enjoyment of property or surrounding land and
appropriate mitigation measures will be implemented in compliance with
DBMC Section 22,38.130 (Tree replacement/relocation standards) below.
The applicant submitted a tree report, prepared by a licensed arborist dated
July 18, 2019. The tree report indicates there are 34 coast live oak and
California black walnut trees on the property. Of the 34 trees, 13 trees are
considered protected. The applicant is proposing to remove three protected
California black walnut trees that are in fair and poor condition (two with a
DBH of eight inches and one with a DBH of 12 inches) and nine unprotected
trees, in order to create the proposed building pad area and the driveway..
The trees will be replaced with nine 15-gallon coast live oak trees
throughout the property, which will provide sufficient replacement of the
natural landscape.
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 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.
3. 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.
5 PC Resolution No. 2�i 9-21
4. 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,
5. Prior to the issuance of a demolition, grading or building permit, the
protected trees proposed to 'remain 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.
6. All grading and construction 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.
7. 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.
8. 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
bI Forthwith transmit a certified copy of this Resolution, by certified mail
to the property owner, Henry Hua, 19811 Colima Rd #201, Walnut,
CA 91789; and applicant, Pete Volbeda, 164 N. 2nd Street, Upland,
CA 91786,
6 PC Resolution No. 2019-21
APPROVED AND ADOPTED
THIS 10TH
DAY OF
DECEMBER 2019, BY THE
PLANNING COMMISSION
OF
CITY OF
DIAMOND
BAR.
THE
By.
Frank Farai�o,
il
I, Greg Gubman, Pianning 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 10th day of December, 2019, by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST:�-
Greg Gubma ecretary
Mahlke, Mok, V/C Farago
None
Rawlings, Chair/Barlas
None
�% DRliP PL2019-42
DIAi1IOND`BAR
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review and Tree Permit No. PL 2019-42
SUBJECT: 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. A Tree Permit is
oak trees
PROPERTY Henry Hua
OWNER: 19811 Colima Rd #201
Walnut, CA 91789
APPLICANT: Pete Volbeda
164 N. 2"d Avenue Suite 100
Upland, CA 91786
LOCATION: 2244 Indian Creek Road, 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 and Tree Permit No. PL2019-42 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:
PC Resolution No. 2019-21
(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 and Tree Permit
No. PL2019-42, 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. 2019-21,
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 Taws, or other applicable
regulations.
8. Approval of this request shall not waive compliance with all sections
of the Development Code, all other applicable City Ordinances, and
9 PC Resolution No. 2019-21
any applicable Specific Plan in effect at the time of building permit
issuance.
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.
Prior to any plan check, all deposit accounts for the processing of
this project shall have no deficits.
10 PC Resolution No. 2oi9-21
C. TIME LIMITS
1. The approval of Development Review and Tree Permit No. PL2019-
42 expires within two years from the date of approval if the use has
not been exercised as defined per 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 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 at 2244 Indian Creek
Road, as described in the staff report and depicted on the approved
plans on file with the Planning Division, subject to the conditions
listed below.
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 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,
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
11 PC Resolution No. 2019-21
compliance is reached. The City 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, 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 ensure that the waste
contractor used has obtained permits from the City of Diamond Bar
to provide such services.
2 PC Resolution No. 2019-21
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.
II. APPLICANT SHALL CONTACT
THE
PUBLIC WORKS
DEPARTMENT,
(909) 839-7040, FOR COMPLIANCE
WITH
THE FOLLOWING
CONDITIONS:
A. GENERAL
1. There is not a valid address assigned to this parcel. The applicant shall
submit an Application for Address Change form to the Public Works
Department for processing.
2. 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.
3. .The proposed improvements indicate a disturbance of one acre of land or
greater. As such, a Storm Water Pollution Prevention Plan (SWPPP) will be
needed. A Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted and approved by the City, uploaded to the State's SMARTS
system, and a WDID number shall be acquired from the California Water
Board prior to issuance of construction permits.
4. A new single-family hillside home development project shall include
mitigation measures to:
(i) Conserve natural areas;
(ii) Protect slopes and channels;
(iii) Provide storm drain system stenciling and signage;
(iv) Divert roof runoff to vegetated areas before discharge unless the
diversion would result in slope instability; and
(v) Direct surface flow to vegetated areas before discharge, unless
the diversion would result in slope instability.
5. 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 5:00 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.
13 PC Resolution No 2019-21
B. SOILS REPORT/GRADING/RETAINING WALLS
1. 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.
2. Finished slopes shall conform to City Code Section 22.22.080-Grading.
3. All easements and flood hazard areas shall be clearly identified on the
grading plan.
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. All 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. Submit
a stockpile plan
showing the
proposed location for stockpile for
grading
export materials,
and the route
of transport.
14 pC Resolution No. 2�19-21
10. 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.
11. Rough grade certifications by project soils and civil engineers and the as -
graded geotechnical report shall be submitted for review and 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.
12. 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
1. Detailed drainage system information of the lot with careful attention to any
flood hazard area hall 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.
2: The applicant
and contractor
shall maintain compliance
with
all
development
provisions of the
Diamond Bar Municipal
Code
for
construction in
an Area Subject to
Flood Hazard (DBMC 18,108,010-210).
3. The preliminary grading plans indicate that the "AREA SUBJECT TO
FLOOD HAZARD TO BE VACATED" and THE FLOOD HAZARD AREA
TO BE REMOVED." However, the applicant assumes the all risks by
proposing to build a structure in a Flood Hazard Area and the property
owner shall release, hold harmless, and indemnify the City of Diamond Bar
of liability for the issuance of a permit to build under the above -described
circumstances.
4. The property owner shall record the document, "Assumption of Risk and
Release Regarding Building an Uninhabitable Structure in a Flood Hazard
Area," and a recorded copy shall be provided to the City prior to the
issuance of any grading or retaining wall permits.
D. SEWERS (NOT APPLICABLE IF A SEPTIC TANK IS PROPOSED)
1. Applicant
shall obtain
connection
permit(s)
from the City and County
Sanitation
District prior
to issuance
of building
permits.
2. Any homeowner that installs a new septic tank system, repairs and existing
septic tank or adds any plumbing fixture units or bedroom equivalents to the
facility served by an existing septic system will need to submit a Notice of
15 PC Resolution No. 2019-21
Intent (NOI) to the Regional Water Quality Control Board for Waste
Discharge Requirements and submit a copy of the sent NOI and check to
the City. Please refer to City handouts.
3. Applicant, at applicant's sole cost and expense, shall construct the sewer
system in accordance with the City, Los Angeles County Public Works
Division. Sewer plans shall be submitted to the Building and Safety Division
for review and approval by the City.
E. SEPTIC TANK (NOT APPLICABLE IF A SEWER CONNECTION IS
PROPOSED)
1. The Applicant shall show septic tanks location, size and details on the plans.
The Los Angeles County Health Department, California Water Control
Board and the City's Geotechnical Engineer shall approve these plans prior
to the issuance of any permits. The property owner shall be required to sign
and record the City's Covenant for use of a septic system.
III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-70201 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
1. At the time of plan check submittal, plans and construction shall conform to
current State and Local Building Code 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.
3. Only one single family dwelling is allowed on this property unless
specifically approved otherwise per CBC 202.
Plan Check —Items to be addressed prior to plan approval:
4. 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
Architect/Engineer with wet stamp and signature.
5. 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).
16 PC Resolution No 2019-21
6. Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(o).
7. 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.,
8. Separate permits are required for pool, spa, fountains, retaining walls, and
electric gates" and shall be noted on plans.
9. There shall be design for future electrical vehicle charging including circuitry
in the electrical panel and future conduit.
10. All balconies shall be designed for 1.5 times the live load for the area served
per CBC Table 1607.1 (emergency regulations).
11. All easements shall be shown on the site plan.
12. A fully rated wall between the garage and dwelling unit is required with
penetrations through the wall protected. Rating is required per CBC.406.3.1
and Table 508.4.
13. All utilities shall be shown on plans including sewer line connection location.
Where applicable, backflow preventers and pumps shall be designed by a
registered professional engineer. Utilities shall be coordinated with the
utility companies.
14. 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.
17 PC Resolution No. 2019-21
15. All retaining walls shall be separately submitted to the Building & Safety and
Public Works/Engineering Departments for review and approval.
16. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
17. 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.
18. Interior pools shall have a ventilation system capable of providing exhaust
ventilation. See CIVIC T-4-1 and T-4-4.
19. Design for future electric vehicle charging and solar ready roof shall be
provided.
Permit —Items required prior to building permit issuance:
20. 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.
21. 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.
22. 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.
23. Private
property
sewer
system shall
be approved by the
Los Angeles
County
Sanitary
District
and applicable
connection fees shall
be paid.
24. 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.
25. 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:
26. Fire sprinklers are required for
new
single-family dwellings (CRC
R313.2).
Sprinklers shall
be approved
by
LA County Fire Department
prior
to
18 PC Resolution No. tots-21
installation and shall be inspected at framing stage and finalization of
construction.
27. Occupancy of the facilities shall not commence until all California Building
Code and State Fire Marshal regulations have been met. The buildings
shall be inspected for compliance prior to occupancy.
28. Every permit issued by the bung 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 year 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 mean a documented
passed inspection by the city building inspector as outlined in Section 110.6.
29. 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.
30. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
31. A height and setback survey may be required at completion of framing and
foundations construction phases respectively.
32. 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.
33. 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.
34. 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,
35. 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.
36. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
37. Pursuant
to California
Residential
Code (CRC)
Section
R315, carbon
monoxide
detectors are
required in
halls leading to
sleeping
rooms.
19 PC Resolution No. 2019-21
38. 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.
39. Decks, roofs, and other flat surfaces shall slope at least 1/4"/ft with
approved and listed water proofing material. Guardrails shalt 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.
40. Bodies
of
water that are greater
than 18" in depth shall have the required
barriers
to
prevent unintentional
exterior access per CBC 3904.41
41. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
Iv. APPLICANT SHALL CONTACT THE COUNTY OF LOS ANGELES FIRE
DEPARTMENT, (909) 620-2402, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
1. Comments will be provided upon acceptance of fees invoiced by the
County.
2. 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.
20 PC Resolution No. 2079-21
3. All development shall be constructed with adequate water supply and
pressure for all proposed development in compliance with standards
established by the fire marshal.
4. 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.
5. Fuel modification areas shall incorporate soil erosion and sediment control
measures to alleviate permanent scarring and accelerated erosion.
6. 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.
7. Special construction features may be required in the design of structures
where site investigations confirm potential geologic hazards.
END
2 � PC Resolution No. 2019-21