HomeMy WebLinkAboutPC 2021-15PLANNING COMMISSION
RESOLUTION NO.2021-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2020-25 TO
CONSTRUCT A 2,921 SQUARE -FOOT ADDITION, EXTERIOR AND INTERIOR
REMODEL, NEW 996 SQUARE -FOOT GARAGE, 2,040 SQUARE FEET OF
PATIO/BALCONY AREAS, RETAINING WALLS AND REAR YARD
IMPROVEMENTS TO AN EXISTING 3,062 SQUARE -FOOT SINGLE-FAMILY
RESIDENCE ON A 1.61-GROSS ACRE LOT, LOCATED AT 24011 FALCONS
VIEW DRIVE, DIAMOND BAR, CA 91766 (APN 8713-040-005). A TREE PERMIT
IS REQUESTED TO PROTECT SEVEN COAST LIVE OAK TREES AND A MINOR
CONDITIONAL USE PERMIT IS REQUESTED TO ALLOW THE CONTINUATION
OF AN EXISTING NONCONFORMING STRUCTURE WITH A 21'-11" FRONT
SETBACK (WHERE 30 FEET IS REQUIRED).
A. RECITALS
The property owner, Li Lai and applicant, William R. Edwards, have filed an
application for Development Review, Tree Permit and Minor Conditional Use
Permit No. PL2020-25 to construct a 2,921 square -foot addition, exterior and
interior remodel, new 996 square -foot garage, 2,040 square feet of
patio/balcony areas, retaining walls and rear yard improvements to an existing
3,062 square -foot single-family residence on located at 24011 Falcons View
Drive, Diamond Bar, County of Los Angeles, California.
2. The following approvals are requested from the Planning Commission:
(a) Development Review to construct a 2,921 square -foot addition., exterior
and interior remodel, new 996 square -foot garage, 2,040 square feet of
patio/balcony areas, retaining walls and rear yard improvements.
(b) Tree Permit to protect seven coast live oak trees.
(c) Minor Conditional Use Permit to allow a second story addition that is
greater than 50 percent of the existing square footage of all structures
on site, to a nonconforming structure with a preexisting nonconforming
21'-11" front setback (where 30 feet is required).
Hereinafter in this Resolution, the subject Development Review, Tree Permit
and Minor Conditional Use Permit shall be referred to as the "Proposed
Project."
3. The subject property is made up of one parcel totaling 70,131 gross square
feet (1.61 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 31 of Tract No. 30577, and
the Assessor's Parcel Number (APN) is 8713-040-005.
5. On September 1, 2021, public hearing notices were mailed to property owners
within a 1,000400t radius of the Project site. On September 3, 2021,
notification of the public hearing for this project was published in the San
Gabriel Valley Tribune newspaper. Also, public notices were posted at the
project site and the City's designated community posting sites.
On September 14, 2021, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct; 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 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 of the Project is consistent with the applicable elements of the
City's General Plan, Cify 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. A Mediterranean
design with eclectic details is being proposed with clay "S"-shaped roof tiles
on a hipped roof, precast concrete stone trim and precast concrete stone tiles
in a running bond pattern at the front elevation, and earth -toned shades for the
2 DR/TP PL2020-25
exterior finish as not to detract from the hillsides. The Project will also be
required to implement fuel modification.
A gradual transition between the project and adjacent uses is achieved
through appropriate setbacks, building height, and window and door
placement. Additionally, the design includes a front porch and balcony/patio
areas throughout the two levels of the home. 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 (with the exception of the existing nonconforming front setback of
21'-11 ), 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 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-G4 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 1.61 gross -acre site, The Mediterranean architectural style
is compatible with other homes in the neighborhood since the architecture in
DRITP PL2020-25
The Country is eclectic, and includes a variety of architectural designs. The
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 Ranch to a
Mediterranean design with eclectic details. The Mediterranean architectural
style includes architectural elements such as a hipped roofs, earth -toned
smooth stucco, precast concrete stone trim, precast concrete stone tiles in a
running bond pattern at the front elevation, and bronze finished wrought iron
railings.
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.
QDRfrP PL2020-25
Minor Conditional Use Permit Findings (DBMC Section 22.56.040)
1. 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 a second story addition
that is greater than 50 percent of the existing square footage of all structures
on site, to a nonconforming structure with a preexisting nonconforming 21'-11"
front setback (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
and is greater than 50 percent of the existing square footage of all structures
on site. The proposed addition consisting of 2,921 square feet of living area,
996 square -foot garage addition, and 2,040 square feet of patio/balcony areas
complies with the development standards of the RR zone and will not further
encroach into the nonconforming front setback.
The proposed use is consistent with the general plan and any applicable
specific plan.
The proposed addition to an existing 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.
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
2,921 square feet of living area, 996 square -foot garage addition, and
2,040square feet of patio/balcony areas will not further encroach into the
existingnonconforming 21'-11"front setback. The proposed two-story addition
is located at front, rear 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
5 DRRP PL2020-25
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 (a) (additions to existing structure) of the CEQA Guidelines.
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 a Z921 square -foot addition, new
996 square -foot garage, and 2,040 square feet of patio/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, rear 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 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.
DRffP PL2020-25
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.
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 22.38.110)
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 May 8, 2020, which indicates seven protected coast live oak
trees in good health are located on the descending slope at the west side of
the property. A retaining wall encroaches into the tree protection zone of Tree
#4. Due to construction being in close proximity and into the tree protection
zone of Tree #4, 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:
Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing.
DR/TP PL2020-25
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 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.
5. All work conducted close to the protected zone of the protected oak 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.
7. Sport court lighting shall be directed downward, shall only illuminate the court,
and shall not illuminate adjacent property, in compliance with DBMC
Section 22.16.050 (Exterior Lighting).
8. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
H DR1TP PL2020-25
The Planning Commission shall:
Certify to the adoption of this Resolution; and
Forthwith transmit a certified copy of this Resolution, by certified mail #o
the property owner, Li Lai, 24011 Falcons View Dr, Diamond Bar, CA
91765 and applicant, William R. Edwards, Planning & Design,
2549 East Bluff Dr, #297, Newport Beach,CA 92660.
APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER 2021, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
William Rawlings, hairperson
I, Greg Gubman, Plarning 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 September 2021, by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST:
Greg Gubman,' ecretary
Barlas, Mok, Wolfe, VC/Garg, Chair/Rawlings
None
None
None
g DR/TP PL2020-25
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review, Tree Permit and Minor Conditional Use
Permit Planning Case No. PL2020-25
SUBJECT: To construct
remodel,
a
2,921
square
-foot
addition,
exterior and interior
new 996 square -foot garage, 2,040 square feet of
with a 21'-11" front setback (where 30 feet is required).
PROPERTY
OWNER: Li Lai 24011 Falcons View Dr Diamond Bar CA 91765
APPLICANT: William R. Edwards. Planning &Design, 2549 East Bluff Dr, #297,
Newport Beach, CA 92660
LOCATION: 24011 Falcons View Drive 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, Tree Permit and Minor Conditional Use Permit
No. PL2020-25 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:
1 � ORITP PL2020-25
(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, Tree Permit and
Minor Conditional Use Permit No. PL2020-25, 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.
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.2021-15,
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.
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.
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 OR/TP PL2020-25
10. The hours during which construction activities causing the operation of
any tools or equipment used in construction, drilling, repair, alteration,
or den;alition 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
1. 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
1. The approval of Development Review, Tree Permit and Minor
Conditional Use Permit No. PL2020-25 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 DR/TP PL2020-25
D. SITE DEVELOPMENT
This approval is to construct a 2,921 square -foot addition, exterior and
interior remodel, new 996 square -foot garage, 2,040 square feet of
patio/balcony areas, retaining walls and rear yard improvements to an
existing 3,062 square -foot single-family residence at 24011 Falcons
View Drive, 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 DRRP PL2020-25
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.
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 DR/TP PL2020-25
(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) 8394040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
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. Per NPDES Permit (CAS004001) for MS4 Discharges within the Coastal
Watershed of Los Angeles County (Order No. R4-2012-0175), 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.
These mitigation measures shall be included with the submitted grading plans
and implemented during construction.
3. 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
15 DR/TP PL2020-25
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
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.
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.
Finished slopes shall conform to City Code Section 22.22.080-Grading.
4. All easements and flood hazard areas shall be clearly identified on the grading
plan.
5. 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.
6. 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.
7. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
8. 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,
9. 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.
16 DR/TP PL2020.25
10. Submit a stockpile plan showing the proposed location for stockpile for grading
export materials, and the route of transport.
11. 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.
12. 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.
13. 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. Conceptual drainage system is subject to change.
2. 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.
3. Prior to the issuance of a grading permit, a complete hydrology and hydraulic
study shall be prepared by a Civil Engineer registered in the State of California
to the satisfaction of the City Engineer and Los Angeles Public Works
Department,
D. SEWERS/SEPTIC TANK
Applicant shall obtain connection permits) from the City and County Sanitation
District prior to issuance of building permits.
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 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
I
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.
17 DRlTP PL2020-25
SEPTIC TANK: 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:
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 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,
4. Due to the extent
of work
proposed,
this project is considered a new single-
family dwelling as
outlined
in DBMC
15.00.3220(2).
Plan Check —Items to be addressed prior to plan approval:
5. 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.
6. 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).
Indoor air quality shall be provided consistent with ASHRAE 62.2 as required
per California Energy Code 150(0)I
8. 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.
9. "Separate permits are required for pool, spa, fountains, retaining walls, sport
court, game court, pool and spa, and fire table" and shall be noted on plans.
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DR/TP PL2020.25
10, 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,
11. All easements shall be shown on the site plan.
12, 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 uhder-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,
13. All retaining walls shall be separately submitted to the Building and Safety and
Public Works/Engineering Departments for review and approval.
14, A soils report is required per CBC 1803 and all recommendations of the soils
report shall be adhered to.
15. 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.
16, Light and ventilation shall comply with CBC 1203 and 1205,
17, Design for future electric vehicle charging shall be provided consistent with
CAL Green 4.106.4.
18. New single-family dwellings shall have solar panels installed in conformance
with CA Energy Code 150.1(c)14.
Permit —Items required prior to building permit issuance:
19, Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8.
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OR(TP PL2020-25
The contractor shall complete all required forms and pay applicable deposits
prior to permit.
20. 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.
21. 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.
22. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board. Approval
from the Water Board is required prior to permit issuance.
23. AQMD notification is required at least 10 days prior to any demolition. Proof
of notification is required at permit issuance.
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 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 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,
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.
20 DRRP PL2020-25
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 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.
34. 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.
35. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
36. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
37. 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.
38. 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.
39. Bodies of water that are greater than 18" in depth shall have the required
barriers to prevent unintentional access per CBC 3904.41
40. Special inspections and structural observation will be required in conformance
with CBC 1704 to 1709.
41. Glass railing shall be supported on all four sides unless approved otherwise
through plan check.
21 DRfiP PL2020-25
IV. COUNTY OF LOS ANGELES FIRE DEPARTMENT (909) 620-2402:
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.
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
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DR/TP PL2020-25