HomeMy WebLinkAboutPC 2021-01PLANNING COMMISSION
RESOLUTION NO.2021=01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2020-70 TO
CONSTRUCT A NEW 3,088 SQUARE -FOOT TWO-STORY ADDITION,
911 SQUARE -FOOT GARAGE ADDITION, AND 786 SQUARE -FOOT BALCONY
AREAS TO AN EXISTING SINGLE-FAMILY RESIDENCE ON A 1.19 GROSS
ACRE (51,836 GROSS SQUARE -FOOT) LOT LOCATED AT 2366 CLEAR
CREEK LANE, DIAMOND BAR, CA 91765 (APN 8713440-021). 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 16 SOUTHERN CALIFORNIA BLACK WALNUT
AND SIX COAST LIVE OAK TREES.
A. RECITALS
1. The property owner, Lawrence Ogbechie and applicant, Pete Volbeda, have
filed an application for Development Review, Minor Conditional Use Permit,
and Tree Permit No. PL2020-70 to construct a new 3,088 square -foot two-
story addition, 911 square -foot garage addition, and 786 square -foot balcony
area to an existing 2,190 square -foot single family residence located at
2366 Clear Creek Lane, Diamond Bar, County of Los Angeles, California.
2. The following approvals are requested from the Planning Commission:
(a) Development Review to remodel the entire house and construct a new
3,088 square -foot two-story addition, 911 square -foot garage addition,
and 786 square -foot balcony areas.
(b) Minor Conditional Use Permit to allow a second story addition to a
nonconforming structure with a preexisting nonconforming 20-foot front
setback (where 30 feet is required).
(c) Tree Permit to protect 16 Southern California Black Walnut and six
coast live oak trees.
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 51,836 gross square
feet (1.19 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 47 of Tract No. 30577. The
Assessor's Parcel Number is 8713-040-021.
L�
C.
On December 29, 2020, public hearing notices were mailed to property owners
within a 1,000-foot radius of the Project site. Also, public notices were posted
at the project site and the City's four designated community posting sites. On
January 1, 2021, notification of the public hearing for this project was published
in the San Gabriel Valley Tribune newspaper.
January 12, 2021, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
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 15301(e) (additions
to existing structures) of the CEQA Guidelines. Therefore, no further
environmental review is required.
FINDINGS OF FACT
Based Mn 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 of the Project is consistent with the applicable elements of the
City's General Plan, City Design Guidelines and development standards. The
City's General Plan Policy LU-P-56 requires that development on privately -
owned, residentially designated land in hillside areas shall be compatible with
the surrounding natural areas promoting design principles such as minimizing
grading, preserving existing vistas, incorporate site and architectural design
that is sensitive to the hillsides, and require fuel modification. An Italian
Renaissance design is being proposed with hipped roofs, rectangular
windows, balustrade balcony railings, arched entrance with classical columns,
light colored shades for the exterior finish as not to detract from the hillsides.
The Project will also be required to implement fuel modification.
PC RESOLUTION NO, 2021-01
A gradual transition between the project and adjacent uses is achieved
through appropriate setbacks, building height, window and door placement,
and the proposed exterior finishes of the single-family residence incorporates
various details and architectural elements such as a hipped roofs, rectangular
windows, balustrade balcony railings, arched entrance with classical columns,
light cream colored plastered walls and bark colored stone veneer cladding
along the base. All elevations are architecturally treated and strongly
articulated along the visible fagade [City's Design Guidelines B.
Architecture (3)].
The Project complies with all development standards of the Rural Residential
zoning district by complying with all development standards such as required
setbacks, building height, and lot coverage. 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
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;
The City's General Plan Policy LU-P-56 requires that residential development
be compatible with the prevailing character of the surrounding neighborhood
in terms of building scale, density, massing, and design. The City's General
Plan Goal CC-G-4 also requires the preservation of the scale and character of
existing residential neighborhoods and ensure sensitive transitions between
densities and uses. The City's Design Guidelines Architecture (1) requires
compatibility with the surrounding character including harmonious building
style, form, size, color, material and roofline.
The scale and proportions of the proposed addition are well balanced and
appropriate for the 1.19 gross -acre site. The Italian Renaissance architectural
style is compatible with other homes in the neighborhood since the architecture
in The Country is eclectic, and includes a variety of architectural designs. The
PC RESOLUTION NO. 2027-01
Project minimizes negative impacts on surrounding uses since the house will
not block existing views from adjacent properties. In sum, the Project fits the
character of the neighborhood on which it is proposed.
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 from California
Ranch to Italian Renaissance. The Italian Renaissance architectural style
includes architectural elements such as a hipped roofs, rectangular windows,
balustrade balcony railings, arched entrance with classical columns, light
cream colored plastered walls and bark colored stone veneer base.
The proposed addition will not be intrusive to neighboring homes. Light colored
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).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15303(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.
4'
PC RE$OLNTION
NO.
2029-01
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 above the
first floor 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 located above the first floor.
The proposed addition consisting of 3,088 square -foot living area, 911 square -
foot garage addition, and 786 square -foot balcony areas complies with the
development standards of the RR zone and will not further encroach into the
nonconforming front setback.
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
3,088 square -foot living area, 911 square -foot garage addition, and
786 square -foot balcony areas will not further encroach into the existing
nonconforming 20-foot front setback. The proposed two-story addition is
located at front and side 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.
PC RESOLUTION NO. 2021-01
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.
Non -Conforming Structures Findings (DBMC Section 22 68 0301
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 3,088 square -foot living area, 911
square -foot garage addition, and 786 square -foot balcony areas 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
side 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 asingle-family dwelling unit is consistent with the
City's adopted General Plan. The site is not subject to the provisions of any
specific plan.
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 front 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.
PC RESOLUTION NO. 2027-01
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/Engineering 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.
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 22.38.1101
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 27, 2020, which indicates there are 22 trees-
16 Southern California black walnut and six coast live oak trees —classified as
protected at the rear of the property. The tree protection zone is located
approximately six feet from the construction area. 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 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.
7 PC RESOLUTION NO.2021-07
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 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.
i. 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.
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, Lawrence Ogbechie, 2366 Clear Creek Lane,
Diamond Bar, CA 91765 and applicant, Pete Volbeda, 164 N. 2nd
Avenue, Suite 100, Upland, CA 91786,
8
PC
RESOLUTION
NO.2021-07
APPROVED AND ADOPTED THIS 12TH DAY OF JANUARY 2021, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR,
By:
KennktlOok, 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 12th day of January 2021, by the following vote:
AYES: Commissioners: Barlas, Garg, Wolfe, VC/Rawlings, Chair/Mok
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
g PC RESOLUTION NO.2021-01
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT#:
SUBJECT:
PROPERTY
OWNER:
APPLICANT:
LOCATION:
Development Review No. PL 2020-70
To
construct
a new 3.08$ square -foot
two-story.
addition
911
square -foot
garage addition,
and 786 square -foot balcony areas
to
an existing
2;190
single-family
residence on a 1.19 gross acre lot
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
16 Southern
California black
walnut and six
coast
live oak
trees.
Lawrence Ogbechie. 2366 Clear Creek Lane Diamond Bar CA
91765
Pete Volbeda. 164 N. Y"d Avenue Suite 100 Upland CA 91786
2366 Clear Creek Lane Diamond Bar CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
I. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030,
FOR. COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. - GENERAL REQUIREMENTS
1. 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 No. PL2020-70 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.2D21-01
(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. PL2020-70, 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.2021-01,
Standard Conditions, and all conditions of approval 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.
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.
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.
11 PC RESOLUTION NO.2021-01
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 Saturdays, 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.
C. TIME LIMITS
The approval of Development Review, Minor Conditional Use Permit,
and Tree Permit No. PL2020-70 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.
12
PC RESOLUTION NO.2021-01
D. SITE DEVELOPMENT
1. This approval is to construct a new 3,088 square -foot two-story
addition, 911 square -foot garage addition, and 786 square -foot balcony
areas to an existing 2,190 square -foot single-family residence at
2366 Clear Creek Lane, 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
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, on file with the Planning
Division, the conditions contained herein, and the Development Code
regulations.
13 PC RESOLUTION N0. 2021-01
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.
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
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.
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
Development shall be constructed to reduce the potential for spread of
brushfire.
(i) In the case of a conflict, where more restrictive provisions are
contained in the current State and Local Building Code or in the Fire
Code, the more restrictive provisions shall prevail.
(ii) 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.
14 PC RESOLUTION N0. 2021-Ot
(iii) Exterior walls shall be surfaced with noncombustible or fire-resistant
materials.
(iv) 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. 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.
II. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839=7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
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.
B. SOILS REPORT/GRADING/RETAINING WALLS
1. 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.
III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL CONDITIONS:
1. At the time of plan check submittal, plans and construction shall
conform to current State and Local Building Code (i.e., 2019 California
Building Code series will apply) requirements and all other applicable
construction codes, ordinances and regulations in effect.
2. Provisions for CALGreen 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
15 PC RESOLUTION NO.2021-01
measures shall be shown on plans. Construction shall conform to the
current Cal Green Code.
B. 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
Architect/Engineer with wet stamp and signature.
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).
3. Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(o).
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 and Safety Division.
5. All balconies shall be designed for 1.5 times the live load for the area
served per CBC Table 1607.1 and provide ventilation in the joist space
per CBC 2304.12.2.6.
All easements shall be shown on the site plan.
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.
16 PC RESOLUTION NO.2021-01
8. All retaining walls shall be separately submitted to the Building and
Safety and Public Works/Engineering Departments for review and
approval.
9. A soils report is required per CBC 1803 and all recommendations ofthe
soils report shall be adhered to.
10. 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.
11. Light and ventilation shall comply with CBC 1203 and 1205.
12. Landscaping/slope protection for rear yard and slope shall be provided
on plans to protect the slope from erosion.
13. The bathroom shown in front of the garage door entrance shall be
clarified prior to plan approval.
C. PERMIT —ITEMS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE:
1. 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.
2. 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.
3. 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.
4. AQMD notification is required at least 10 days prior to any demolition.
Proof of notification is required at permit issuance.
5. 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.
D. CONSTRUCTION —CONDITIONS REQUIRED DURING CONSTRUCTION:
1. The work is considered a new dwelling and shall be fully fire sprinklered
throughout.
17 PC RESOLUTION NO.2021-01
2. 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 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.
3. 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.
4. All equipment staging areas shall be maintained in an orderly manner
and screened behind a minimum 6' high fence.
5. A height survey may be required at completion of framing construction
phase.
6. 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.
7. The applicant shall cohtact 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.dioalert.ora.
8. 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.
9. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
10. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
11. 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.
12. 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
18
PC RESOLUTION NO.2021-01
spacing between rails, and capable of resisting at least 20 pounds per
lineal foot of lateral load.
13. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
14. All plumbing fixtures, including those in existing areas, shall be low -flow
models consistent with California Civil Code Section 1101.1 to 1101.8.
15. Any areas that have not been finalized by prior permits are subject to
review and inspection during this phase.
16. The rear slope shall be adequately maintained to provide maintain
permanent erosion control.
END
19 PC RESOLUTION NO.2021-01