HomeMy WebLinkAboutPC 2021-23PLANNING COMMISSION
RESOLUTION NO. 2021=23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2021-22 TO CONSTRUCT A
2,141 SQUARE -FOOT ADDITION, EXTERIOR AND INTERIOR REMODEL, AND REAR
YARD IMPROVEMENTS TO AN EXISTING 2,586 SQUARE -FOOT SINGLE-FAMILY
RESIDENCE ON A 0.65-GROSS ACRE LOT, LOCATED AT 2631 ROCKY TRAIL ROAD,
DIAMOND BAR, CA 91765 (APN 8713-025-020). A MINOR CONDITIONAL USE PERMIT
IS REQUESTED TO ALLOW THE CONTINUATION OF AN EXISTING NONCONFORMING
STRUCTURE WITH A 20'-6" FRONT SETBACK (WHERE 30 FEET IS REQUIRED).
A. RECITALS
1. The property owner, Katy Liu and applicant, Kenneth Pang, have filed an
application for Development Review and Minor Conditional Use Permit
No. PL2021-22 to construct a 2,141 square -foot addition, exterior and interior
remodel and rear yard improvements to an existing 2,586 square -foot single-
family residence on located at 2631 Rocky Trail Road, Diamond Bar, County of
Los Angeles, California.
2. The following approvals are requested from the Planning Commission:
(a) Development Review to construct a 2,141 square -foot addition, exterior
and interior remodel and rear yard improvements.
(b) Minor Conditional Use Permit to allow the continuation of an existing
nonconforming structure with a preexisting nonconforming 20'-6" front
setback (where 30 feet is required).
Hereinafter in this Resolution, the subject Development Review and Minor
Conditional Use Permit shall be referred to as the "Proposed Project."
3. The subject property is made up of one parcel totaling 28,208 gross square feet
(0.65 gross acre). 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 89 of Tract No. 30578, and the
Assessor's Parcel Number (APN) is 8713-025-020.
5, On October 25, 2021, public hearing notices were mailed to property owners
within a 1,000-foot radius of the Project site. On October 29, 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.
6. On November 9, 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.
Be RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
1. 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, and 22.68, this Planning
Commission hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
1. 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
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 contemporary Mid -
Century design with low sloped roofs with large eave overhangs, expansive floor
to ceiling windows, and white and grey stucco broken up with stone to provide
accent will significantly enhance the home and is far more compatible with the
architectural character of the existing homes in The Country, 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. The
scale and proportions of the addition are well balanced and appropriate for the
site. 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 20'-
6'), building height, and lot coverage. The project site is not part of any theme
area, specific plan, community plan, boulevard or planned development.
2 PC RESOLUTION NO.2021-23
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 0.65 gross -acre site. The contemporary Mid -Century
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 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 New -Mansard
to a contemporary Mid -Century 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
3 PC RESOLUTION NO. 2021-23
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.
The proposed development will not be detrimental to public health, safety or
welfare or materially injurious (e.g., negative effect on property values or
resales) of property) to the properties or improvements in the vicinity.
Before the issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution, and the Building and
Safety Division and Public Works Departments requirements.
Through the permit and inspection process, the referenced agencies will ensure
that the proposed project is not detrimental to the public health, safety or welfare
or materially injurious to the properties or improvements in the vicinity.
6. The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality P.ct (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.
The existing single-family dwelling is a permitted use in the RR zone. A Minor
Conditional Use Permit (MCUP) is requested to allow the continuation of an
existing nonconforming structure with a preexisting nonconforming 20'-6" 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 2,141 square feet of living area and rear yard
improvements 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 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.
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
2,141 square
feet of living
area and rear yard improvements will not further
4 PC RESOLUTION NO.2021-29
encroach into the existing nonconforming 20',6" front setback. The proposed
addition is located at the rear and sides of the house. The design of the existing
single-family dwelling and the proposed addition are compatible with the
character of the existing homes in the neighborhood because the architecture in
The Country is eclectic and includes a variety of architectural designs. Therefore,
the addition will not negatively impact the look and character of the neighborhood.
4. The subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision of utilities, compatibility with adjoining
land uses, and the absence of physical constraints.
The subject site is physically suitable for the existing single-family residential
dwelling and the proposed addition. The existing and proposed use of land is
consistent with the surrounding land uses. The proposed addition is consistent
with the development standards for the RR zone and will not further encroach
into the existing nonconforming front setback.
5. Granting the Minor Conditional Use Permit will not be detrimental to the public
interest, health, safety, convenience or welfare, or materially injurious to persons,
property or improvements in the vicinity and zoning district in which the property
is located.
The granting of the Minor Conditional Use Permit will allow the addition of the
existing single-family dwelling unit in a manner similar with existing dwelling units
located in the surrounding neighborhood. The proposed expansion of the
dwelling unit will not negatively impact the public interest, health, safety,
convenience or welfare.
6. The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301
(e) (additions to existing structure) of the CEQA Guidelines.
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:
1. Incompatible with other structures in the neighborhood.
The proposed 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 2,141 square -foot addition and rear yard improvements will
comply with current development standards and not further encroach into the
existing nonconforming front setback. The proposed addition is located at the
rear and sides 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.
5 PC RESOLUTION NO. 2021-23
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
pIan.
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.
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.
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.
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.
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.
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. Standard Conditions. The applicant shall comply with the standard development
conditions attached hereto.
6 PC RESOLUTION NO. 2021-23
The Planning Commission shall:
aI Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to
the property owner, Katy Liu, 2631 Rocky Trail Road, Diamond Bar, CA
91765 and applicant, Kenneth Pang, Creative Design Associates, 17528
Rowland Heights, 2"d Floor, City of Industry, CA 91748,
APPROVED AND ADOPTED THIS 9TH DAY OF NOVEMBER 2021, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR,
By: LLL)j.
William Rawlings, 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 9th day of November 2021, by the following vote:
AYES: Commissioners: Barlas, Wolfe, VC/Garg, Chair/Rawlings
NOES: Commissioners: None
ABSENT: Commissioners: Mok
ABSTAIN: Commissioners: None
ATTEST: t 6
Greg Gubman, Secretary
7 DR/MCUP PL2021-22
e"
I lu I � �- i�', COMMUNITY DEVELOPMENT DEPARTMENT
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USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review and Minor Conditional Use Permit Planning
Case No. PL2021-22
SUBJECT: To construct a 2,141 square -foot addition exterior and interior
remodel and rear yard improvements to an existinq 2586 square -foot
single-family residence on a 0.65-acre parcel. A Minor Conditional
Use Permit is also requested to allow the continuation of an existinq
nonconforming structure with a 20'-6" front setback (where 30 feet is
re uired .
PROPERTY
OWNER: Katy Liu, 2631 Rocky Trail Road. Diamond Bar, CA 91765
APPLICANT: Kenneth Pana. Creative Design AssnciatPc 17.r,9R Rnw�anA uo�nti+�
LOCATION: 2631 Rocky Trail Road. Diamond Bar. CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
The applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding to
attack, set -aside, void or annul, the approval of Development Review, Tree
Permit and Minor Conditional Use Permit No. PL2021-22 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:
OR/MCUP PL2021-22
(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. PL2021-22, 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. 2021-23, 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.
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.
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
9
PC RESOLUTION NO.2021-25
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 and Minor Conditional Use Permit
No. PL2021-22 expires within two years from the date of approval if the
use has not been exercised as defined per Diamond Bar Municipal Code
(DBMC) Section 22,66.050 (b)(1). In accordance with DBMC
Section 22.60.050(c), the applicant may request, in writing, a one-year
time extension for Planning Commission consideration. Such a request
must be submitted to the Planning Division prior to the expiration date and
be accompanied by the review fee in accordance with the fee schedule in
effect at the time of submittal.
D. SITE DEVELOPMENT
This approval is to construct a 2,141 square -foot addition, exterior and
interior remodel and rear yard improvements to an existing 2,586 square -
foot single-family residence at 2631 Rocky Trail Road, as described in the
staff report and depicted on the approved plans on file with the Planning
Division, subject to the conditions listed below.
10
PC RESOLUTION NO.2021-23
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.
7. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the
Planning Division.
8. All roof -mounted equipment shall be screened from public view.
9. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
11 PC RESOLUTION N0. 2021-23
10. All landscaping, structures, architectural features and public
improvements damaged during construction shall be repaired or replaced
upon project completion.
E. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement approved herein. The removal of all trash, debris, and refuse,
whether during or subsequent to construction shall be done only by the
property owner, applicant or by a duly permitted waste contractor, who has
been authorized by the City to provide collection, transportation, and
disposal of solid waste from residential, commercial, construction, and
industrial areas within the City. It shall be the applicant's obligation to
ensure that the waste contractor used has obtained permits from the City
of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of
this project.
F. FIRE PROTECTION STANDARDS
1. Development shall be constructed to reduce the potential for spread of
brushfire.
(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.
(iii) Exterior walls shall be surfaced with noncombustible or fire-resistant
materialsI
(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.
12 PC RESOLUTION NO.2021-23
II. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 8394040, 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.
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 Coast Air Quality
Management District Rule 402 and Rule 403. Reclaimed water shall be used
whenever possible. Additionally, all construction equipment shall be properly
muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1. 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.
L Finished slopes shall conform to City Code Section 22.22.080-Grading.
13 PC RESOLUTION N0. 2021-23
3. All easements and flood hazard areas shall be clearly identified on the grading
plan.
4. The grading plan shall show the location of any retaining walls and the elevations
of the top of wall/footing/retaining and the finished grade on both sides of the
retaining wall. Construction details for retaining walls shall be shown on the
grading plan. Calculations and details of retaining walls shall be submitted to the
Building and Safety Division for review and approval.
5. All equipment staging areas shall be located on the project site. Staging area,
including material stockpile and equipment storage area, shall be enclosed within
a 6-foot-high chain link fence. All access points in the defense shall be locked
whenever the construction site is not supervised.
6. Grading of the subject property shall be in accordance with the California Building
Code, City Grading Ordinance, Hillside Management Ordinance and acceptable
grading practices.
7. The maximum grade of driveways serving building pad areas shall be 15 percent.
Driveways with a slope of 15 percent shall incorporate grooves for traction into
the construction as required by the City Engineer,
8. All slopes shall be seeded per landscape plan and/or fuel modification plan with
native grasses or planted with ground cover, shrubs, and trees for erosion control
upon completion of grading or some other alternative method of erosion control
shall be completed to the satisfaction of the City Engineer and a permanent
irrigation system shall be installed.
Submit a stockpile plan showing the proposed location for stockpile for grading
export materials, and the route of transport.
10. Apre-construction meeting shall be held at the project site with the grading
contractor, applicant, and city grading inspector at least 48 hours prior to
commencing grading operations.
11. Rough grade certifications by project soils and civil engineers and the as -graded
geotechnical report shall be submitted for review and approval prior to issuance
of building permits for the foundation of the residential structure. Retaining wall
permits may be issued without a rough grade certificate.
12. Final grade certifications by project soils and civil engineers shall be submitted to
the Public Works Department prior to the issuance of any project final
inspections/certificate of occupancy respectively.
C. DRAINAGE
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.
14 PC RESOLUTION N0. 2021-23
2. 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. UTILITIES
1. Easements, satisfactory to the City Engineer and the utility companies, for public
utility and public services purpose shall be offered and shown on the detailed site
plan for dedication to the City or affected utility company.
2. Applicant shall relocate and underground any existing on -site utilities to the
satisfaction of the City Engineer and the respective utility owner.
3. Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
E. SEWERS
1. Applicant shall obtain connection permits) from the City and County Sanitation
District prior to issuance of building permits.
2. Applicant, at applicant's sole cost and expense, shall construct the sewer system
in accordance with the City, Los Angeles County Public Works Division. Sewer
plans shall be submitted to the Building and Safety Division for review and
approval by the City.
III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839J0201 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
1. At the time of plan check submittal, plans and construction shall conform to
current State and Local Bung 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.
Plan Check — Items to be addressed prior to plan approval:
4. The minimum design load for wind in this area is 110 M.P.H. exposures "C" and
the site is within seismic zone D or E. The applicant shall submit drawings and
15 PC RESOLUTION N0. 2021-23
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
5. This project shall comply with the energy conservation requirements of the State
of California Energy Commission. All lighting shall be high efficacy or equivalent
per the current California Energy Code 119 and 150(k).
6. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per
California Energy Code 150(o).
7. Public Works/Engineering Department is required to review and approve grading
plans that clearly show all finish elevations, drainage, and retaining wall(s)
locations. These plans shall be consistent with the site plan submitted to the
Building & Safety Division.
8. "Separate permits
are
required
for
pool, spa,
fountains, retaining
walls, sport
court, game court,
pool
and spa,
and
fire table"
and shall be noted
on
plans.
9. 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,
10. All easements shall be shown on the site plan.
11. 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.
12. All retaining walls shall be separately submitted to the Building and Safety and
Public Works/Engineering Departments for review and approval.
13. A soils report is required per CBC 1803 and all recommendations of the soils
report shall be adhered to.
16 PC RESOLUTION NO.2021-23
14. 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.
15. Light and ventilation shall comply with CBC 1203 and 1205.
16. Design for future electric vehicle charging shall be provided consistent with CAL
Green 4.106.41
Permit — Items required prior to building permit issuance:
17. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8.
The contractor shall complete all required forms and pay applicable deposits prior
to permit.
18. Prior to building permit issuance, all school district fees shall be paid. Please
obtain a form from the Building and Safety Division to take directly to the school
district.
19. Submit grading plans clearly showing all finish elevations, drainage, and retaining
wall locations. No building permits shall be issued prior to submitting a pad
certification.
20. SCAOMD notification is required at least 10 days prior to any demolition. Proof
of notification is required at permit issuance.
21. All workers on the job shall be covered by workman's compensation insurance
under a licensed general contractor. Any changes to the contractor shall be
updated on the building permit.
22. The basement retaining wall must be separated from the house plans and
separately permitted in order to certify the building pad before permit issuance of
the house structure.
Construction —Conditions required during construction:
23. 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.
24. 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.
25. 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)
17 PC RESOLUTION NO.2027-23
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.
26. 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.
27. All equipment staging areas
shall
be maintained
Han orderly manner and
screened behind a minimum 6'
high
fence.
28. A setback survey may be required at completion of framing and foundations
construction phases respectively.
29. 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.
30. 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.
31. 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.
32. All glazing in hazardous locations shall be labeled as safety glass. The labeling
shall be visible for inspection.
33. Pursuant
to California
Residential Code
(CRC) Section R315, carbon monoxide
detectors
are required
in
halls
leading
to
sleeping
rooms.
34. 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.
35. 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.
36. Bodies of water that are
greater
than 18"
in depth shall have the required barriers
to prevent unintentional
access
per CBC
3904.4.
37. Special inspections and structural observation will be required in conformance
with CBC 1704 to 1709.
38. All steps with four or more risers shall be provided with a handrail.
18 PC RESOLUTION N0. 2021-23
39. Where the low point of the roof does not occur at the edge of the roof, a gutter
and downspout system shall be provided.
IV. COUNTY OF LOS ANGELES FIRE DEPARTMENT (909) 620-2402:
1. Comments will be provided upon acceptance of fees invoiced by the County.
2. Development shall be constructed to reduce the potential for spread of brushfire.
a. In the case of a conflict, where more restrictive provisions are contained in
the Uniform Building Code or in the fire code, the more restrictive provisions
shall prevail.
b. Roofs shall be covered with noncombustible materials as defined in the
building code. Open eave ends shall be stopped in order to prevent bird
nests or other combustible material lodging within the roof and to preclude
entry of flames.
c. Exterior walls shall be surfaced with noncombustible or fire-resistant
materials.
d. Balconies, patio roofs, eaves and other similar overhangs shall be of
noncombustible construction or shall be protected by fire-resistant material
in compliance with the building code.
3. All development shall be constructed with adequate water supply and pressure
for all proposed development in compliance with standards established by the
fire marshal.
4. A permanent fuel modification area shall be required around development
projects or portions thereof that are adjacent or exposed to hazardous fire areas
for the purpose of fire protection. The required width of the fuel modification area
shall be based on applicable building and fire codes and a fire hazard analysis
study developed by the fire marshal. In the event abatement is not performed,
the council may instruct the fire marshal to give notice to the owner of the property
upon which the condition exists to correct the prohibited condition. If the owner
fails to correct the condition, the council may cause the abatement to be
performed and make the expense of the correction a lien on the property upon
which the conditions exist.
5. Fuel modification areas shall incorporate soil erosion and sediment control
measures to alleviate permanent scarring and accelerated erosion.
6. If the fire marshal determines in any specific case that difficult terrain, danger of
erosion, or other unusual circumstances make strict compliance with the
clearance of vegetation undesirable or impractical, the fire marshal may suspend
enforcement and require reasonable alternative measures designed to advance
the purposes of this chapter.
7. Special construction features may be required in the design of structures where
site investigations confirm potential geologic hazards.
END
19
PC RESOLUTION NO. 2021-25