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Home My WebLink About11/09/2021PLANNING COMMISSION AGENDA ______________________________________________ Tuesday, November 9, 2021 6:30 PM Diamond Bar City Hall – Windmill Community Room 21810 Copley Drive, Diamond Bar, CA 91765 PUBLIC ADVISORY: Consistent with State Assembly Bill 361, members of the City Council may be present or participate telephonically. Members of the public are encouraged to participate and address the City Council during the public comment portion of the meeting either in person or via teleconference. If you would like to attend the meeting in person, please note that face coverings are required to be worn at all times. _______________________________________________________________________ ______________________________________________________________________ How to Observe the Meeting from Home: Members of the public can observe the meeting by calling +1 (914 ) 614 -3221; Attendee Access # 587- 092-136; or visiting https://attendee.gotowebinar.com/register/4088771901157650703 . How to Submit Public Comment: Members of the public may provide public comment by sending written comments to the Minutes Secretary by email at Planning@DiamondBarCA.gov by 5:30 p.m. on the day of the meeting. Please indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Planning Commission members and read into the record at the meeting, up to a maximum of five minutes. Public comment may be submitted by logging onto the meeting through this link: visiting https://attendee.gotowebinar.com/register/4088771901157650703 . Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Chairperson determines otherwise. Accommodations for Persons with Disabilities: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Planning Commission Meeting, please contact the Community Development Department at (909) 839-7030 within 72 hours of the meeting. Commission recordings will be available upon request the day following the Planning Commission Meeting. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. CHAIRPERSON WILLIAM RAWLINGS VICE CHAIRPERSON MAHENDRA GARG COMMISSIONER NAILA BARLAS COMMISSIONER KENNETH MOK COMMISSIONER RAYMOND WOLFE City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT Members of the public may address the Planning Commission on any item of business on the agenda during the time the item is taken up by the Planning Commission. In addition, members of the public may, during the Public Comment period address th e Planning Commission on any Consent Calendar item or any matter not on the agenda and within the Planning Commission’s subject matter jurisdiction. Any material to be submitted to the Planning Commission at the meeting should be submitted through the Minu tes Secretary. Speakers are limited to five minutes per agenda item, unless the Chairperson determines otherwise. The Chairperson may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of t he agenda, the hour and any other relevant consideration. Speakers may address the Planning Commission only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the Planning Commission. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE PLANNING COMMISSION Agendas for regular Planning Commission meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations and on the City’s website at www.diamondbarca.gov. The Planning Commission may take action on any item listed on the agenda. Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Depart ment, located at 21810 Copley Drive, and are available for public inspection upon request. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Planning Commission, Recordings of Meetings (909) 839-7030 Email: info@diamondbarca.gov Website: www.diamondbarca.gov The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. CITY OF DIAMOND BAR PLANNING COMMISSION November 9, 2021 AGENDA Next Resolution No. 2021-21 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Naila Barlas, Kenneth Mok, Raymond Wolfe, Vice Chairperson Mahendra Garg, Chairperson William Rawlings 2. APPROVAL OF AGENDA: Chairperson 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Planning Commission on consent calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the council. Although the Planning Commission values your comments, pursuant to the brown act, members of the Planning Commission or staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five -minute maximum time limit when addressing the Planning Commission. Please complete a speaker card and hand it to the Minutes Secretary (completion of this form is voluntary). The city will call on in person speakers first and then teleconference callers, one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item o r Planning Commission consideration item, you will then be called upon to speak at that point in the agenda. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Planning Commission only: 4.1 Minutes of the Planning Commission Regular Meeting – October 26, 2021 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. NOVEMBER 9, 2021 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): 7.1 Time Extension for Development Review and Tree Permit (Planning Case No. PL2018-226) - Under the authority of Diamond Bar Municipal Code Section 22.66.050, the applicant submitted a request for a one -year extension of time for a Development Review and Tree Permit approval to demolish an existing single-family residence to accommodate the construction of a new 8,906 square-foot single-family residence, 991 square-foot garage, 116 square-foot front balcony, and 872 square feet of balcony area, and protect two California black walnut trees on a 1.32 gross acre site. The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: 2432 Indian Creek Road Diamond Bar, CA 91765 PROPERTY OWNER: Y&L Home, LLC & Mei Lan Liang 14328 Lomitas Ave City of Industry, CA 91745 APPLICANT: Mei Lan Liang & Jimmy Liang 14328 Lomitas Ave. City of Industry, CA 91745 ENVIRONMENTAL DETERMINATION: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15303 (a) (new construction of a single-family residence) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission approve Time Extension for Development Review and Tree Permit – Planning Case No. PL2018-226, based on the findings of fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Time Extension for Development Review and Tree Permit (Planning Case No. PL2019-42) – Under the authority of Diamond Bar Municipal Code Section 22.66.050, the applicant submitted a request for a one-year extension of time for a Development Review and Tree Permit approval to construct a new 31,458 square-foot, single-family residence with a 2,100 square-foot garage, an 800 square-foot porte-cochere and 8,675 square feet of balcony area, remove three protected California black walnut trees, and plant nine coast live oak trees on a 8.51 gross acre (370,696 gross square-foot) site. The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. NOVEMBER 9, 2021 PAGE 3 PLANNING COMMISSION PROJECT ADDRESS: 2244 Indian Creek Road Diamond Bar, CA 91765 PROPERTY OWNER: Henry Hau 1163 Fairway Drive Suite 102 City of Industry, CA 91789 APPLICANT: Benjamin Hook, Windsor Group 1163 Fairway Drive Suite 102 City of Industry, CA 91789 ENVIRONMENTAL DETERMINATION:. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categoricall y Exempt from the provisions of CEQA pursuant to Article 19 under Section 15303 (a) (new construction of a single-family residence) of the CEQA Guidelines. No further environmental review is required RECOMMENDATION: Staff recommends that the Planning Commission approve Time Extension for Development Review and Tree Permit – Planning Case No. PL2019-42, based on the findings of fact, and subject to the conditions of approval as listed within the draft resolution. 7.3 Development Review Planning Case No. PL2021-22 - Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant and property owner are requesting Development Review approval to remodel and construct a two-story addition consisting of 2,141 square feet of floor area to an existing 2,586 square-foot, two-story single-family residence with an attached 541 square-foot garage on a 0.65 gross acre (28,208 gross square-foot) site. 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). The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: 2631 Rocky Trail Road Diamond Bar, CA 91765 PROPERTY OWNER: Katy Liu 2631 Rocky Trail Road Diamond Bar, CA 91765 APPLICANT: Kenneth Pang, Creative Design Associates 17528 Rowland Heights, 2nd Floor City of Industry, CA 91748 NOVEMBER 9, 2021 PAGE 4 PLANNING COMMISSION ENVIRONMENTAL DETERMINATION: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15301(e) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review Planning Case No. PL2021-22, based on the findings of fact, and subject to the conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 10. SCHEDULE OF FUTURE EVENTS: 11. ADJOURNMENT: ANNUAL VETERANS RECOGNITION: Wednesday, November 10, 2021, 9 am-11am Diamond Bar Center, 1600 Grand Avenue VETERANS DAY HOLIDAY: Thursday, November 11, 2021, 6:30 pm In observance of the holiday, City offices will be closed. City offices will re-open on Friday, November 12, 2021. CITY COUNCIL MEETING: Tuesday, November 16, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive PLANNING COMMISSION MEETING: Tuesday, November 23, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive THANKSGIVING HOLIDAY: Thursday, November 25, and 26, 2021 In observance of the holiday, City offices will be closed. City offices will re-open on Monday, November 29, 2021. WINTER SNOW FEST AND CRAFT FAIR: Saturday, December 4, 2021 8 a.m. - 2 p.m. Pantera Park, 738 Pantera Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 OCTOBER 26, 2021 CALL TO ORDER: Chair/Rawlings called the meeting to order at 6:34 p.m. PLEDGE OF ALLEGIANCE: Chairman Rawlings led the Pledge of Allegiance. 1. ROLL CALL: Commissioners: Naila Barlas, Kenneth Mok, Raymond Wolfe, Vice Chairman Mahendra Garg, Chairman William Rawlings Staff Present : Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Mayuko (May) Nakajima, Associate Planner; Stella Marquez, Administrative Coordinator. 2. APPROVAL OF AGENDA: As presented 3. PUBLIC COMMENTS: None 4. CONSENT CALENDAR: 4.1 Minutes of the Special Planning Commission Meeting of October 13, 2021. C/Barlas moved, Chair/Rawlings seconded, to approve Item 4.1 with corrections to Agenda Item 7.1. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Wolfe, Chair/Rawlings NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Mok, VC/Garg ABSENT: COMMISSIONERS: None 4.2 Continued Use of teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State open meeting laws. C/Wolfe moved, C/Barlas seconded, to approve Item 4.2 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 4.1 Packet Pg. 7 __________________________________________________________________________ OCTOBER 26, 2021 PAGE 2 PLANNING COMMISSION __________________________________________________________________________ 5. OLD BUSINESS: NONE 6. NEW BUSINESS: NONE 7. PUBLIC HEARING(S): 7.1 Development Code Amendment Planning Case No. PL 2021-70 – Under the authority of Diamond Bar Municipal Code Section 22.70, the City of Diamond bar proposes to amend the following sections of Title 22 of the Diamond Bar Municipal Code (Development Code) in order to comply with Senate Bill 234, pertaining to the regulation of family day care homes: 22.08.030, 22.30.040, 22.36.080, 22.42.040, 22.42.140 and 22.80.020. PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar AP/Nakajima presented staff’s report and recommended adoption of Resolution 2021-20 recommending the City Council approve Development Code Amendment No. PL2021-70. AP/Nakajima responded to C/Wolfe that all family daycare homes are not required to provide extra parking spaces, but child day care centers are required to provide one parking space per 10 children and C/Wolfe commented that there is now an advantage for a child day care centers to close down and purchase a home in the next-door neighborhood. AP/Nakajima responded that child day care centers are commercial establishments, generally in commercial zones, as opposed to residential zones where daycare homes are permitted. CDD/Gubman stated there is a requirement that the operator of the daycare home reside at that residence and it would not be a situation where a commercial operator would use it as a storefront. Chair/Rawlings opened the Public Hearing. There being no one who wished to comment, Chair/Rawlings closed the Public Hearing. C/Barlas said there was a time she was able to take advantage of a daycare home on her street which did not present any issues in her neighborhood. 4.1 Packet Pg. 8 __________________________________________________________________________ OCTOBER 26, 2021 PAGE 3 PLANNING COMMISSION __________________________________________________________________________ C/Barlas moved, VC/Garg seconded, to approve Resolution 2021-20 recommending City Council approval of Development Code Amendment No. PL2021-70. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: C/Barlas attended the State of the City event which was well attended. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman stated that there are three agenda items scheduled for the November 9th agenda, two of which are for Extension of Time requests to pull building permits for custom home projects delayed due to the pandemic, which were approved by the Planning Commission two years ago, and a proposed addition to a single-family residence in The Country. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Rawlings adjourned the Planning Commission meeting at 6:46 p.m. The foregoing minutes are hereby approved this 9th of November, 2021. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director ______________________________ William Rawlings, Chairperson 4.1 Packet Pg. 9 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: November 9, 2021 CASE/FILE NUMBER: Time Extension for Development Review and Tree Permit Planning Case No. PL2018-226 PROJECT LOCATION: 2432 Indian Creek Road Diamond Bar, CA 91765 (APN 8713-037-007) GENERAL PLAN DESIGNATION: Rural Residential (RR) ZONING DISTRICT: Rural Residential (RR) PROPERTY OWNER: Y&L Home, LLC & Mei Lan Liang 14328 Lomitas Ave City of Industry, CA 91745 APPLICANT: Mei Lan Liang & Jimmy Liang 14328 Lomitas Ave City of Industry, CA 91745 SUMMARY: The applicant is requesting a one-year time extension for Development Review (DR) No. PL2018-226, which approved the demolition of an existing single -family residence to construct a new 8,906 square-foot single-family residence, 991 square-foot garage, 116 square-foot front balcony, and 872 square feet of balcony area on a 1.32 gross acre (57,499 square-foot) site. A Tree Permit was also approved to protect two California black walnut trees located in close proximity to the proposed construction. The entitlements were approved on January 28, 2020 and is set to expire on January 28, 2022. An extension of time may be granted up to a maximum of one year when a request for an extension of time, with good cause, is submitted to the Community Development Department at least 30 days before the expiration. CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 10 Time Extension for Development Review and Tree Permit Planning Case No. PL2018-226 Page 2 of 3 RECOMMENDATION: Adopt the attached Resolution (Attachment 1) approving the time extension for Development Review and Tree Permit No. PL2018-226, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.66.050, subject to conditions. BACKGROUND: On January 28, 2020, the Planning Commission approved Development Review and Tree Permit No. PL2018-226. The property is located in the Rural Residential (RR) zone with a consistent underlying General Plan land use designation. The original approval for the project included a two-year timeframe to obtain building or grading permits and begin construction. The staff report and resolution from the January 28, 2020, Planning Commission meeting are included in Attachment s C and D. ANALYSIS: Review Authority (Diamond Bar Municipal Code Section 22.66.050) The Development Code allows the applicant to request that the Planning Commission extend the deadline for the applicants to obtain construction permits. The Planning Commission holds the authority to determine whether or not the applicant has proceeded in good faith and has exercised due diligence in seeking to obtain permits permit. The project status that follows provides the basis for staff’s recommendation to approve the time extension. PROJECT STATUS: As a result of the COVID-19 pandemic, there was a period of time when construction costs increased significantly. The applicant was uncertain on whether to proceed with the project as designed, which caused delays to the submission of construction drawings. Construction costs have since decreased, and the applicant has decided to proceed with the current design. The applicant is currently preparing structural, electrical, mechanical, and plumbing plans and is expected to submit for plan check to the Building and Safety Division in January 2022. The applicant is unable to start construction prior to the expiration date of the Planning Commission approval, and as a result submitted a request for an extension of time to the City on September 21, 2021. If the extension of time is approved, the new expiration date will be January 28, 2023. The extension of time does not change the approved project in any way. The conditions of approval set forth in the Planning Commission Resolution No. 2020-05 will not change with the approval of an extension of time. 7.1 Packet Pg. 11 Time Extension for Development Review and Tree Permit Planning Case No. PL2018-226 Page 3 of 3 NOTICE OF PUBLIC HEARING: On October 29, 2021, public hearing notices were mailed to property owners wit hin a 1,000-foot radius of the project site. On October 29, 2021, the notice was published in the San Gabriel Valley Tribune newspaper. A notice display board was posted at the site, and a copy of the notice was posted at the City's designated community posting sites. Public Comments Received No comments have been received as of the publication date of this report. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 under Section 15303(a) (New Construction of One Single-Family Residence) of the CEQA Guidelines. No further environmental review is required to extend the time limit for the approved project. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2021-XX B. Time Extension Request C. January 28, 2020 Planning Commission Staff Report D. January 28, 2020 Planning Commission Resolution E. Site Plan, Floor Plan, Elevations, Conceptual Grading and Landscape Plans F. Color and Material Board G. Arborist Report Dated March 2019 7.1 Packet Pg. 12 PLANNING COMMISSION RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. PL2018-226 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE TO CONSTRUCT A NEW 8,906 SQUARE-FOOT, TWO-STORY SINGLE-FAMILY RESIDENCE, 991 SQUARE-FOOT GARAGE, 116 SQUARE-FOOT FRONT PORCH, 872 SQUARE FEET OF PATIO/BALCONY AREAS, 1,616 SQUARE FEET OF DECK AREA AND A 95 SQUARE- FOOT DRESSING ROOM ON AN 1.32 GROSS ACRE (57,499 SQUARE-FOOT) LOT LOCATED AT 2432 INDIAN CREEK ROAD, DIAMOND BAR, CA 91765 (APN 8713-037- 007). A TREE PERMIT IS ALSO REQUESTED TO PROTECT TWO CALIFORNIA BLACK WALNUT TREES. A. RECITALS 1. On January 28, 2020, the Planning Commission approved Development Review and Tree Permit No. PL2018-226, to request the following approvals from the Planning Commission: (a) Development Review to demolish an existing single -family residence to construct a new 8,906 square-foot, two-story single-family residence, 991 square-foot garage, 116 square-foot front porch, 872 square feet of patio/balcony areas, 1,616 square feet of deck area and a 95 square -foot dressing room; and (b) Tree Permit to protect two California black walnut trees located in close proximity to the proposed construction. Hereinafter in this Resolution, the subject Development Review and Tree Permit shall be referred to as the "Proposed Project.” 2. The subject property is made up of one parcel totaling 57,4 99 gross square feet (1.32 gross acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential. 3. The legal description of the subject property is Lot 76 of Tract No. 23483. The Assessor’s Parcel Number is 8713-037-007. 4. Section 22.66.050 of the Diamond Bar Municipal Code authorizes the Planning Commission to grant time extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions. 5. Applicant, Mei Lan Liang and Jimmy Liang, on behalf of Y&L Home, LLC, has filed a request for a one-year extension of time for the Project. 6. On October 29, 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. 7.1.a Packet Pg. 13 2 PC Resolution No. 2021-xx 7. 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. B. 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. 2. On January 28, 2020, the Planning Commission determined the Project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 under Section 15303(a) (New Construction of One Single-Family Residence) of the CEQA Guidelines. No further environmental review is required to extend the time limit for the approved project. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Extension of Time Findings Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.66.050, this Planning Commission hereby finds as follows: 1. On the filing of a request for extension by the applicant at least 30 days before the expiration, the original review authority may extend the time to establish an approved permit. The applicant has submitted a request for a one-year extension of time to the City on September 21, 2021, which complies with the filing deadline of December 28, 2021. 2. The permittee has made a good faith effort to establish the permit and has exercised due diligence in seeking to establish the permit. The burden of proof is on the permittee to establish, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended. As a result of the COVID-19 pandemic, there was a period of time when construction costs increased significantly. The applicant was uncertain on whether to proceed with the project as designed, which caused delays to the submission of construction drawings. Construction costs have since decreased, and the applicant has decided to proceed with the current design. The applicant is currently preparing structural, electrical, mechanical, and plumbing plans and is expected to submit for plan check to the Building and Safety Division in January 2022. The applicant is unable to start construction prior to the expiration date of the Planning Commission approval, and as a result submitted a request for an extension of time. 7.1.a Packet Pg. 14 3 PC Resolution No. 2021-xx Based on the findings and conclusions set forth above and as prescribed under DBMC Section 22.66.050, this Planning Commission hereby approved the Application subject to the following conditions: 1. The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 2. All conditions of approval for Development Review and Tree Permit No. PL2018- 226 approved by Planning Commission Resolution No. 2020-05 shall remain in full force and effect except as amended herein. 3. This approval shall extend the expiration date of Development Review and Tree Permit No. PL2018-226 to January 28, 2023. The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the owner and applicant, Y&L Home, LLC and Mei Lan & Jimmy Liang, 14328 Lomitas Ave, City of Industry, CA 91745. APPROVED AND ADOPTED THIS 9th DAY OF NOVEMBER 2021, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: _____________________________ William Rawlings, Chairman 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: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: _____________________________ Greg Gubman, Secretary 7.1.a Packet Pg. 15 1 Mayuko Nakajima From:Jimmy Liang <jimmy@leyenfood.com> Sent:Tuesday, September 21, 2021 1:57 PM To:Mayuko Nakajima Cc:'Jeffrey Sun' Subject:RE: 2432 Indian Creek Time Extension Attachments:2432 Indian Creek - Signed Application.pdf CAUTION: This message originated outside of our City of Diamond Bar network. Please see attached signed application. Regarding the delay in resubmitting, applicant was first unsure about the construction climate during the pandemic. As construction costs sky rocketed they halted the plans and were thinking of other ways to reduce the cost of construction. But now as construction costs have dropped back down, applicant wants to proceed with current design and finish resubmittals. From: Mayuko Nakajima [mailto:MNakajima@DiamondBarCA.Gov] Sent: Tuesday, September 21, 2021 1:08 PM To: Jimmy Liang Cc: Jeffrey Sun Subject: RE: 2432 Indian Creek Time Extension Thank you Mr. Liang, Yes an extension will be required. However, can you please briefly explain why plans had not been continuously worked on and resubmitted? Sometimes applicants will request for additional time due to financial or personal reasons. Thank you, Mayuko Nakajima | Associate Planner City of Diamond Bar | Planning Division 909.839.7033 From: Jimmy Liang <jimmy@leyenfood.com> Sent: Tuesday, September 21, 2021 12:56 PM To: Mayuko Nakajima <MNakajima@DiamondBarCA.Gov> Cc: Jeffrey Sun <acadjeffrey@gmail.com> Subject: Re: 2432 Indian Creek Time Extension 7.1.b Packet Pg. 16 2 CAUTION: This message originated outside of our City of Diamond Bar network. Hi Mayuko, We are requesting a time extension because we believe our plans will not be final approved by our expiration date of January 28th, 2022. We were told it would be best to apply for extension now rather than later in order to go through plan check and building and safety. Also building and safety stated since there were no plans resubmitted for over 6 months we would need to pay to reinstate plan check. Thank you Jimmy Liang Sent from my iPhone On Sep 21, 2021, at 12:49 PM, Mayuko Nakajima <MNakajima@diamondbarca.gov> wrote: Good afternoon, Thank you for submitting your application for the Time Extension. Please provide a short summary, in writing, the reason for the time extension request. Thank you, <image001.jpg> Mayuko Nakajima | Associate Planner City of Diamond Bar | Planning Division 21810 Copley Drive, Diamond Bar, CA 91765 t (909) 839-7033| (909) 839-7000 main | f (909) 861-3117 mnakajima@diamondbarca.gov |www.DiamondBarCA.gov Connect with Us... Facebook|Twitter|YouTube|Instagram <image002.png> <LIANG, MEI LAN.pdf> 7.1.b Packet Pg. 17 7.2 PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: GENERAL PLAN DESIGNATION ZONING DISTRICT: PROPERTY OWNER: 7.2 January 28, 2020 Development Review and Tree Permit No. PL2018-226 2432 Indian Creek Road Diamond Bar, CA 91765 (APN 8713-037-007) Rural Residential (RR) Rural Residential (RR) Mei Lan Liang 14328 Lomitas Ave City of Industry, CA 91745 APPLICANT: Jeffrey Sun 14328 Lomitas Ave City of Industry, CA 91745 SUMMARY: The applicant is requesting approval of a Development Review (DR) application to demolish an existing one-story, single-family residence to construct a new 8,906 square -foot, two-story single-family residence on a 1.32-acre parcel. A Tree Permit (TP) is also requested to preserve two protected California black walnut trees within the proposed area of construction. RECOMMENDATION: Adopt the attached Resolution (Attachment A) approving Development Review and Tree Permit No. PL2018-226, based on the findings of Diamond Bar Municipal Code DBMC) Sections 22.48 and 22.38, subject to conditions. Packet Pg. 73 7.1.c Packet Pg. 18 7.2 1_[43110iZT611101113 The project site is located in the Diamond Bar Country Estates (The Country), on the east side of Indian Creek Road, between Mirage Lane and Pleasant Meadow Road. The property was developed in 1972 under Los Angeles County standards with a 2,037 square -foot, single-family residence and garage. There are two protected California black walnut trees in the rear yard in addition to the California black walnut woodland along the rear slope, but none are proposed for removal. The proposed project was approved by the Diamond Bar Country Estates Architectural Committee on April 9, 2019. The property is legally described as Lot 76 of Tract No. 23483, and the Assessor's Parcel Number (APN) is 8713-037-007. Site and Surrounding General Plan, Zoning and Land Uses The image below highlights the subject property: Site Plan View (Aerial) Development Review and Tree Permit No. PL2018-226 Page 2 of 11 Packet Pg. 74 7.1.c Packet Pg. 19 7.2 Project Site Adjacent Property to North r its 3 971 m{ T Adjacent Property to South Development Review and Tree Permit No. PL2018-226 Page 3 of 11 Packet Pg. 75 7.1.c Packet Pg. 20 7.2 The following table summarizes the land use status of the subject property and its surroundings: General Plan Designation District Site Rural Residential RR Single -Family Residential North Rural Residential RR Single -Family Residential South Rural Residential RR Single -Family Residential East Rural Residential RR Single -Family Residential West Rural Residential RR Single -Family Residential Project Description ita Plan As stated, the property's gross lot area is 57,499 square feet (1.32 acres), which includes a 32-foot wide private street easement along its frontage for Indian Creek Road. The property is a rectangular -shaped lot with a net buildable area (i.e., minus the private street easement and Restricted Use Area) of 52,708 square feet (1.21 acres). The property is a hillside property with a descending slope that starts from the private street easement to the rear property line. The proposed house is situated toward the front of the lot, 30 feet from the edge of the private street easement line on Indian Creek Road. The front elevation faces Indian Creek Road. A circular driveway is proposed at the front of the property, and another driveway which leads into the side yard to provide access to a four -car garage. A pool, spa, BBQ, 872 square feet of patio/balcony areas, 1,616 square feet of deck area and a 95 square -foot dressing room are also proposed in the rear yard. There are two protected California black walnut trees in the rear yard in addition to the California black walnut woodland along the rear slope. Grading Plan The applicant is proposing to cut 437 cubic yards of soil and fill 74 cubic yards of soil throughout the property to expand the existing building pad. Therefore, 363 cubic yards would have to be exported from the site. Standard dump truck capacities range from 10 to 15 cubic yards, so the proposed amount of export would require approximately 25 to 37 total truck trips. The applicant is proposing two tiers of retaining walls, each with a maximum height of four feet, at the rear of the property to support fills below the natural grade to create the Development Review and Tree Permit No. PL2018-226 Page 4 of 11 Packet Pg. 76 7.1.c Packet Pg. 21 7.2 buildable pad for the house. All exposed portions of the proposed retaining walls will have a decorative finish, such as split -faced block or painted stucco to match the house. Architecture The architectural style is Mediterranean with eclectic details, and will include elements such as concrete "S"-shaped roof tiles on a hipped roof, precast concrete stone columns and quoins, arched windows with precast stone moldings and trims, earth - toned smooth stucco and stone veneer siding. Additionally, the design includes a front porch with a pediment and balcony/patio areas. Balconies with precast stone balusters are proposed throughout the two levels of the house. Front Elevation The proposed two -level house's floor plan is comprised of the following components: First Floor — Common areas (foyer, living room, family room, kitchen with wok, dining room), meeting/office room, game room, theater, laundry room, guest room, exercise room, two bathrooms, one powder room, storage area, and four - car garage. Second Floor — Two master suites with a bathroom and walk-in closet, two bedrooms with bathrooms, and a study area. A 116-square-foot front porch, patio and balcony areas totaling 872 square feet and 1,616 square feet of deck area throughout the two levels of the residence. An elevator that accesses the first and second floors. The floor area distribution is summarized on the following page: Development Review and Tree Permit No. PL2018-226 Page 5 of 11 Packet Pg. 77 7.1.c Packet Pg. 22 7.2 PROJECT SIJNMRY (squarefc=ge) Living Area First Floor 4.971 Second Floor 3.936 Total 8.906 Total Living Area 8,506 Gar elStora e Garage 991 Storage 0 Total Garage Area 991 TOTAL FLOOR AREA 9,897 Porch}BalconyMecVAccessory Structure Areas Front Porch 116 Rear Covered Patio 436 Rear Balconies 436 Decks 1.616 Dressing Room 98 Total 2.699 Total PorchlBalcorylaec"ccesscry Structure Areas 2,61391 The height of the building is 35 feet, measured from the finished grade to the highest point of the roofline. Landscape Plan The applicant is proposing a variety of trees to be planted throughout the property, including four 24-inch box desert museum trees and three 15-gallon shoestring acacia trees in the front and side yards. Although the applicant is proposing to plant 11 new California black walnut trees in the rear yard and slope, the black walnut tree does not appear to be in inventory with local suppliers in any size other than one -gallon containers. Therefore, staff will work with the applicant during landscape plan check for an alternative tree species. The existing California black walnut trees will remain on the property. A Mexican fan palm and Italian stone pine tree will be removed due its proximity to construction. Both species are not considered protected trees. Additionally, various 5-gallon and 1-gallon shrubs that have a variety of color, texture, and form are proposed throughout the front, side and rear yards. Overall, landscaping consists of drought tolerant and non-invasive species to minimize irrigation and reduce the area of turf. The project is required to comply with the City's Water Efficient Landscaping Ordinance, and compliance will be verified during building plan check and final inspections. Development Review and Tree Permit No. PL2018-226 Page 6 of 11 Packet Pg. 78 7.1.c Packet Pg. 23 7.2 The subject property is located within the Los Angeles County Fire Department "High Fire Hazard Severity Zone." Therefore, the proposed landscaping must comply with the Fire Department's Fuel Modification Plan requirements. The landscape plans will be submitted for review and approval by the Fire Department during building plan check. ANALYSIS: Review Authority The proposed project requires a land use approval through the Development Review process. The analysis that follows provides the basis for staff's recommendation to approve the Development Review application. Development Review (DBMC Chapter 22.48) New construction of a single-family home requires Planning Commission approval of a Development Review application. Development Review approval is required to ensure compliance with the City's General Plan policies, development standards, and design guidelines, and to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. As stated in Section 22.48.010 of the Development Code, the Development Review process was established to ensure that new development and additions to existing development are consistent with the General Plan "through the promotion of high functional and aesthetic standards to complement and add to the economic, physical, and social character" of Diamond Bar. Development Standards: The following table compares the proposed project with the City's development standards for residential development in the RR zone: Development Standards 30 feet 30 feet Yes 15 feet on the street side, 27'-4" — north side Yes 10 feet on one side 13'-10" — south side 25 feet 38'-8" — north side Yes 27'-10" — south side 25 feet 25-2" Yes Maximum of 30% 11.22% Yes 35 feet 35 feet Yes Parking 2-car garage 4-car garage Yes 4-foot exposed Retaining Wall ht m 4-foot exposed Yes supporting fill) supporting fill) Development Review and Tree Permit No. PL2018-226 Page 7 of 11 Packet Pg. 79 7.1.c Packet Pg. 24 7.2 Tree Permit (DBMC Section 22.38.110) A Tree Permit is required when the removal or protection of a protected tree is requested. A protected tree is any of the following: Native oak, walnut, sycamore and willow trees with a diameter at breast height DBH" i.e., 4.5 feet above ground level) of eight inches or greater, and located on parcels larger than one-half acre in area; Trees of significant historical or value as designated by the City Council; Any tree required to be preserved or relocated as a condition of approval for a discretionary permit; Any tree required to be planted as a condition of approval for a discretionary permit; or A stand of trees, the nature of which makes each tree dependent upon the others for survival. The applicant submitted a tree report, prepared by a licensed arborist in March 2019. The tree report indicates the property consists of native trees and other vegetation located on the descending slope of the rear of the property, far beyond construction limits. There are two protected California black walnut trees in good health with a DBH of 15 inches (Tree #1) and a 24-inch multi -trunk tree (Tree #2) in close proximity to construction. The proposed retaining wall at the edge of the building pad encroaches into the tree protection zone of Tree #1, and is approximately 11 feet away from the protection zone of Tree #2. Due to the location of the retaining wall and to prevent possible negative impacts to the trees during grading and construction activities, staff is requiring a Tree Permit to protect the two California black walnut trees. According to the arborist, the excavation and fill will encroach less than 20 percent of Tree #1's total root mass but can be reliably preserved in place. Trees will be retained and protected in place with protective, chain -link fencing to be installed prior to construction activities. Two unprotected trees, a Mexican fan palm and Italian stone pine, will be removed to accommodate the rear yard improvements. For work close to the protected zone, protective measures shall include, but are not limited to the following: Tree protection fencing will be a minimum of five feet high and located five feet from the drip line of the trees. Fencing will be of a flexible configuration or chain link, supported by vertical posts at a maximum of ten -foot intervals to keep the fencing upright and in place. 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 Development Review and Tree Permit No. PL2018-226 Page 8 of 11 Packet Pg. 80 7.1.c Packet Pg. 25 7.2 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. These protective measures are included as conditions in the attached resolution. LegendAREUnprotected y q# riiBRI\\\removed Protected California O lm black walnut trees tofir 2MXl remain Protective fencing IX i y: paccr, .crs i• w Location of Protected Trees to Remain Comoliance with Hillside Manaaement Ordinance (DBMC Section 22.22) The proposed project was reviewed for compliance with the City's Hillside Management Design Guidelines and regulations. The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code, and incorporates the following features- All proposed retaining walls associated with the building pads are at a maximum exposed height of four feet; Development Review and Tree Permit No. PL2018-226 Page 9 of 11 Packet Pg. 81 7.1.c Packet Pg. 26 7.2 Earthtone building materials and color schemes are used that blend in with the natural landscape. The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code. Compatibility with Neighborhood The proposed house will be located on an existing leveled pad but will be extended for a larger building footprint and rear yard improvements. The new house will not be intrusive to neighboring homes since the proposed house will not block existing views from adjacent properties. The adjacent homes to the north and south have views to the east. The home to the west maintains its view to the west. The proposed house is comparable in mass and scale to existing homes on similar lots in The Country. The architecture in The Country is eclectic, and includes a variety of architectural designs. The scale and proportions of the proposed home are well balanced and appropriate for the site. In sum, the proposed project fits the character of the neighborhood on which it is proposed. The new single-family residence will conform to all development standards, including building height, lot coverage and setbacks, which is consistent with other homes in The Country; A gradual transition between the project and adjacent uses is achieved through appropriate setbacks, building height, landscaping, and window and door placement; The proposed new single-family residence is appropriate in mass and scale to the site; Elevations are treated with detailed architectural elements; The exterior finish materials and colors blend with the natural environment; and Effective landscape design should serve the dual purpose of intrinsically enhancing a project setting, as well as integrating the landscaping into the overall architectural design. Staff finds the proposed plant palette to be diverse, and the plant selections are compatible with Southern California native landscapes. Additional Review The Public Works Department and Building and Safety Division reviewed this project, and their comments are included in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On January 17, 2020, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site. On January 17, 2020, the notice was published in Development Review and Tree Permit No. PL2018-226 Page 10 of 11 Packet Pg. 82 7.1.c Packet Pg. 27 7.2 the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the notice was posted at the City's four designated community posting sites. Public Comments Received No comments have been received as of the publication date of this report. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15303(a) (construction of a new single-family residence) of the CEQA Guidelines. No further environmental review is required. FA ayu akajima, ssaciat 4 lanner 1/28/2020 REVIEWED BY: edA I ff" Gr a Lee, s enior Planner 1/21/2020 Gr Gubma ommuni Development Director 1/2212020 Attachments: A. Draft Resolution No. 2020-XX and Standard Conditions of Approval B. Color and Material Board C. Arborist Report Dated March 2019 D. 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Mountain St. Pasadena, CA 91104 Tel: (626) 7374007 Email: info@arborcareinc.net March 2019 7.1•g Packet Pg. 66 Tab1C Of Contents Summaryof Data ................................................. 1 Background and Purpose of Report .................................. 1 Project Location and Description .................................... 1 Tree Ordinance and Fuel Modification Requirements .................... 1 Design Analysis ................................................. 6 Findings........................................................ 7 Further Recommendations .. ....................... ................ 7 Appendix A -Photos ............................................... 8 Author's Certifications ............................................. 12 Certification of Performance ......................................... 13 Site Plan (Planting Plan) .................................... Pocket at back 71.g_ Packet Pg. 67 Tree Report 2432 Indian Creek Rd., Diamond Bar, 91765 Michael Crane, RCA #440. February 2019 SUMMARY OF DATA Total number of healthy Protected Trees located within the work zone including street trees located in the adjacent public right -of --way area .......... 0 Total number of off -site Protected Trees with canopies (driplines) encroaching onto the work zone ................... 1 Total number of diseased/hazardous Protected Trees on site proposed for removal ............................................... 0 t5r-��,1L�tcvuly� ac rulcr�a� I was retained by the Project Designer and Manager, Ml•. Jeffrey Sun, to be the consulting arborist for the planned redevelopment of the property located at 2432 Indian Creek Rd. This report is meant to inform the City of Diamond Bar of any Protected Trees that may be encroached or impacted by the construction and to provide some analysis of the proposed landscape design as it relates to the county's fire code regarding fuel modification. There are no Protected Trees located within the proposed worizone, and one located on the property that is encroaching into it. There is one Pine tree located on the property that will be removed to accommodate the design. A large sloped area beyond the workzone contains native and naturalized tree that will remain. These trees and other vegetation are outside the immediate area surrounding the proposed home (Zone A) and appropriately spaced for the secondary fuel modification clearance area (Zone B). As part of my preparation for this report I made a site visit to the property on February 4, 2019. I net with Mr. Sun at that time to examine the site for the presence and identification any Protected Trees and to view and discuss the proposed construction plans as they relate to the preservation of the trees that will be retained. PROJECT LOCATION and DESCRIPTION The property consists of a one story single-family residence that appears to be in fair condition. The home will be demolished and the property redeveloped into another single family home. The landscape is maintained and the few existing woody plants and trees are in good condition. The landscape will be renovated and all of the vegetation within the work zone area will be removed. The landscape will be redesigned and will be in compliance with the fire code. 1 Packet Pg. 6 7:1.g Tree Report 2432 Indian Creek Rd., Diamond Bar, 91765 Michael Crane, RCA 4440, February 2019 TREE ORDINANCE & FUEL MODIFICATION REQUIREMENTS City of Diamond Bar Tree Ordinance Native Oaks, Sycamore, Willow, and most Pepper Trees are Protected under the city's tree ordinance. Here is a summary of the tree protection laws. Sec. 22.38.030. Protected trees. A protected tree is any of the following: (1) Native oalc, walnut, sycamore and willow trees with a DBH of eight inches or greater; pepper trees with a DBH of eight inches or greater where appropriate; (2) Trees of significant historical or value as designated by the council; (3) Any tree required to be preserved or relocated as a condition of approval for a discretionary permit; (4) Any tree required to be planted as a condition of approval for a discretionary permit; and (5) A stand of trees, the nature of which makes each tree dependent upon the others for survival. (Ord. No. 02(1998), � 2, 11398; Ord. No. 02(2003), 91603) Sec. 22.38.040. Damaging protected trees prohibited. Except as provided in section 22.38.060 (Exemptions), no person shall cut, prune, remove, relocate, or otherwise destroy a protected tree. The topping of protected trees is prohibited. No reduction of the tree crown shall be permitted without a tree pruning permit and then only by "thinning out" selected branches in compliance with guidelines published by the National Arborists Association. (Ord. No. 02(1998), § 2, 11398) Sec. 22.38.050. Tree removal permit or tree pruning permit required. No person shall remove or relocate a protected tree or develop within the protection zone of a protected tree without first obtaining a tree removal permit from the director. No person shall prune a protected tree without first obtaining a tree pruning permit from the director if branches are to be pruned that are over four inches in diameter at the point of the cut. The maximum amount allowed for the pruning of a protected tree shall be 20 percent, except for oak trees which shall be ten percent. Packet Pg. 70 71.g Tree Report 2432 Indian Creek Rd., Diamond Bar, 91765 Michael Crane, RCA #440. February 2019 (Ord. No. 02(1"Oh § 25 11398) Los Angeles County Fire — Fuel A1001fiCat1011 Requirements Zone A —Setback Zone • Extends 20 feet beyond the edge of any combustible structure, accessory structure, appendage or projection. Overhangs or other parts of the structure not accurately reflected on the plans may negate the approval of plant location on the approved plan. • Irrigation by automatic or manual systems shall be provided to landscaping to maintain healthy vegetation and fire resistance. • Landscaping and vegetation in this zone shall consist primarily of green lawns, ground covers not exceeding 6 inches in height, and adequately spaced shrubs. The overall characteristics of the landscape shall provide adequate defensible space in a fire environment. • Plants in Zone A shall be inherently highly fire resistant and spaced appropriately. Species selection should be made referencing the Fuel Modification Plant List. Other species may be utilized subject to approval. Final or revised Plans submitted after 6 months from the initial submittal will have plants in all zones evaluated based on the most current Fuel Modification Plant List available from the Fuel Modification Unit. • Except for dwarf varieties or mature trees small in stature, trees are generally not recommended within Zone A. • Target species will typically not be allowed within 30 or more feet of combustible structures and may require removal if existing on site. • Vines and climbing plants shall not be allowed on any combustible structure requiring review. Zone B —Irrigated Zone • Extends from the outermost edge of Zone A to 100 feet from structure. • Irrigation by automatic or manual systems shall be provided to landscaping to maintain healthy vegetation and fire resistance. . Landscaping and vegetation in this zone shall typically consist primarily of green lawns, ground covers, and adequately spaced shrubs and trees. • Unless otherwise approved, Ground covers shall be maintained at a height not to exceed 6 inches in Zone A and B. If on a slope 12 inches is acceptable in Zone B within 50 feet of a structure and 18 inches beyond 50 feet. The overall characteristics of the landscape shall provide adequate defensible space in a fire environment. Specimen native plants may be approved to remain if properly maintained for adequate defensible space. Annual grasses and weeds shall be maintained at a height not to exceed 3 inches. Packet Pg. 71 71.g Tree Report 2432 Indian Creek Rd., Diamond Bar, 91765 Michael Crane, RCA #440. February 2019 • Plants in Zone B shall typically be fire resistant and spaced appropriately. Species selection should be made referencing the Fuel Modification Plant List. Other species may be utilized subject to approval. Zone C — Native Brush Thinning Zone • Extends from the outermost edge of Zone B up to 200 feet from structure or to property line • Required thinning and clearance will be determined upon inspection. Required clearance may increase to the maximum allowed by the Fire Code as needed because of vegetation growth. • Irrigation systems are not required for this zone if it consists entirely of native plants. (Native plants are generally not compatible with regular, un-seasonal supplemental water.) Vegetation in this zone may consist of modified existing native plants, adequately spaced ornamental shrubs and trees, or both. There may also be replacement landscape planting with ornamental or native species to meet minimum slope coverage requirements of City or County agencies or other Landscape or Hillside ordinances. In all cases the overall characteristics of the landscape shall provide adequate defensible space in a fire environment • Plants in Zone C shall be spaced appropriately. Existing native vegetation shall be modified by thinning and removal of those species constituting a fire risk. These species include, but are not limited to chamise, sage, sage brush, and buckwheat. • Annual grasses and weeds shall be maintained at a height not to exceed 3 inches. • General spacing for existing native shrubs or groups of shrubs is 15 feet between canopies. Native plants may be thinned by reduced amounts as the distance from development increases. • General spacing for existing native trees or groups of trees is 30 feet between canopies. This distance may increase or decrease depending on the slope, arrangement of the trees in relation to slope, and the species of tree. Fire Access Road Zone • Extends a minimum of info from the edge of any public or private roadway that may be used as access for fire -fighting apparatus or resources. • Clear and remove flammable growth for a minimum of 10 feet on each side of Fire Access Roads. (Fire Code 325.10) Additional clearance beyond 10 feet may be required upon inspection. • Fire access roads, driveways and turnarounds shall be maintained in accordance with fire code. Fire Access Roads shall have unobstructed vertical clearance for a width of 20 feet. (Fire Code 503.2.1) • Landscaping and native plants within the Fire Access Road Zone shall be appropriately spaced and maintained to provide safe egress in wildland fire environments. • All trees, unless otherwise approved, shall be planted far enough from structures and Fire Department accesses as to not overhang any structure or access at maturity. 5 Packet Pg. 72 71.g Tree Report 2432 Indian Creek Rd., Diamond Bar, 91765 Michael Crane, RCA 4440. February 2019 DESIGN ANALYSIS Refer to Site Plan (Planting Plan) located in pocket at back of this report, and Photos in Appendix A, page 8. Encroachment on Existing Trees 24 Italian Stone Pine (Pinus pinea): Located in the back yard. A swimming pool will be built where the tree is located. It will be removed. California Black Walnuts (Juglans californica): Located on the back slope area of the property that is beyond the flat buildable area of the property. This species is vastly dominant in this naturalized area. The construction of a retaining wall will slightly encroach one tree located near the south property line. The tree can be reliably preserved in place. Fire Code Fuel Modification Requirements There are no existing trees or other significant plants located within 20 feet of the proposed home, garage and detached pool cabana. This area, designated as Zone A, is required to be minimally planted and clear of large woody trees and shrubs. The proposed design has the driveway/motor court, swimming pool and hardscape patio areas in the vast majority of this ,one. Plants that will be installed are all low -growing woody herbaceous plants, and a couple of small-scale trees that are well spaced. The workzone will occupy the entire width of the property from the street back to a point defined by a concrete drainage canal that extend across most of the property along the OF of the back slope. The drainage canal is roughly at the limit of Zone A. Zone B, which extends out another 80 feet consists of naturalized Walnut trees and a few other woody plants. These trees are spaced so they can be maintained as anon -continuous canopy. The Zone C area that extends out from Zone B has a denser canopy of native and naturalized trees. .0 Packet Pg. 7 71.g Tree Report 2432 Indian Creels Rd., Diamond Bar, 91765 Michael Crane, RCA #440. February 2019 FINDINGS • The work zone will include the entire width of the property from the street back to a concrete drainage canal located near the top of the large slope. This entire area is completely clear of Protected Trees. • A non -protected Italian Stone Pine located in the back yard will be removed to accommodate the swimming pool area. • A Protecetd California Walnut tree will be slightly encroached for the construction of a retaining wall. The excavation and fill will encroach less than 20% of the trees total rootmass. The tree can be reliably preserved in place. • Fuel Modification zones are m compliance with County Fire requirements, but will require typical annual maintenance. • The proposed landscape design is in compliance with the recommendations of the L.A. County Fire Department. Hardscape will occupy the vast majority of Zone A and the few plants will be low -growing woody herbaceous plants and a few small, stand-alone trees. • Zone B is occupied with native and naturalized trees that can be easily maintained in a non -continuous canopy. Zone C is more densely occupied with native and naturalized trees. Normal annual brush clearance type maintenance will be required to remove annual grasses and crown -cleaning type pruning of the trees. • The work zone can easily be cordoned -off with a protective fence set along the edge of the drainage canal. RECOMMENDATIONS • Prior to demolition the contractor and consulting arborist shall meet on site to make sure the tree protection fence is properly placed at the edge of the work zone along the drainage canal on the back slope, and occupying as much area under the encroached Walnut tree; and to review the goals for the tree protection plan. The location of the protective fence is drawn with a dashed line on the Site Plan included in this report. • Maintain the fence throughout the completion of the project. No staging of materials or equipment or washing -out is to occur within the outside of the established work zone. The fence may be constructed of typical plastic barrier material secured on metal stakes spaced approximately 10 feet apart. ® Vegetation control will be required in the spring to remove annual grasses and woody plants; and to perform crown cleaning and reduction of trees to comply with the L.A. County Fire Department - Fuel Modification Requirements. 7 Packet Pg. 74 ; At 5. 71.g AUTHOR' S CREDENTIALS 12 Tree Report 2432 Indian Creek Rd., Diamond Bar, 91765 Michael Crane, RCA 4440. February 2019 Packet Pg. 79 71.g Tree Report 2431 Indian Creek Rd., Diamond Bar, 91765 Michael Crane, RCA #440. February 2019 CERTIFICATION OF PERFORMANCE I, Michael Crane, certify that: • I have personally inspected the trees) and the property referred to in this report and have stated my findings accurately. • I have no current or prospective interest in the vegetation or the property that is the subject of this report and have no personal interest or bias with respect to the parties involved. • The analysis, opinions, and conclusions stated herein are my own and are based on current scientific procedures and facts. • My analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted arboricultural practices. • No one provided significant professional assistance to me, except as indicated within the report. • My compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party not upon the results of the assessment, the attainment of stipulated results, or the occurrence of any subsequent events. I further certify that I am a member in good standing of the American Society of Consulting Arborists and the International Society of Arboriculture. I have been involved in the field of Horticulture in a full-time capacity for a period of more than 25 years. r Signed: Registered Consulting Arborist #440; American Society of Consulting Arborist Board Certified Master Arborist #WE 6643B; International Society of Arboriculture Licensed California Agricultural Pest Control Adviser 4AA08269 March 1, 2019 13 Packet Pg. 80 71.g + X INB ehW Is vm kl tM 24P bNb b/ 36' %We IW 4 1m been mdwd ASPN EDGE ASPH EDGE N N w 27'-61 ' �+ Mw up N $ 3 03H AM O E DEPARTMENT - O N MIN. EQUtRE= 20'-0' DIAN CREEK RO D — 0 O (Z1'41Z1)=dd Fft NExT O R 6 m Y 1 t�l e Packet Pg. 81 • • • .� • 1. , •• . • • :• •�. • f• • •1• S• AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: GENERAL PLAN DESIGNATION ZONING DISTRICT: PROPERTY OWNER: 7.2 November 9, 2021 Time Extension for Development Review and Tree Permit Planning Case No. PL2019-42 2244 Indian Creek Road Diamond Bar, CA 91765 (APN 871 M4M31) Rural Residential (RR) Rural Residential (RR) Henry Hau 1163 Fairway Drive, Suite 102 City of Industry, CA 91789 APPLICANT: Benjamin Hook Windsor Group 1163 Fairway Drive, Suite 102 City of Industry, CA 91789 SUMMARY: The applicant is requesting aone-year time extension for Development Review (DR) No. PL2019-42, which approved the construction of a new 31,458 square -foot, single- family residence with a 2,100 square -foot garage, an 800 square -foot porte cochere and 8,675 square feet of balcony area on an 8.51 gross acre (370,696 gross square -foot) site. A Tree Permit was also requested to remove three protected California black walnut trees that are in fair/poor health and replace with nine coast live oak trees on site. The entitlements were approved on December 10, 2019, and is set to expire on December 10, 2021. An extension of time may be granted up to a maximum of one year when a request for an extension of time, with good cause, is submitted to the Community Development Department at least 30 days before the expiration. Packet Pg. 82 7.2 RECOMMENDATION: Adopt the attached Resolution (Attachment 1) approving the time extension for Development Review and Tree Permit No. PL201942, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.66.050, subject to conditions. BACKGROUND: On December 10, 2019, the Planning Commission approved Development Review and Tree Permit No. PL201942. The property is located in the Rural Residential (RR) zone with a consistent underlying General Plan land use designation. The original approval for the project included a two-year timeframe to obtain building or grading permits and begin construction. The staff report and resolution from the December 10, 2019, Planning Commission meeting are included as Attachments C and D. ANALYSIS: Authority (Diamond Bar Municipal Code Section 22.66.0 The Development Code allows the applicant to request that the Planning Commission extend the deadline for the applicant to obtain construction permits. The Planning Commission holds the authority to determine whether or not the applicant has proceeded in good faith and has exercised due diligence in seeking to obtain permits permit. The project status that follows provides the basis for staffs recommendation to approve the time extension. PROJECT STATUS: As a result of the COVID-19 pandemic, the project team has experienced difficulty with staffing levels and was not able to obtain building or grading permits within the two-year timeframe. The applicant has submitted construction documents for the retaining walls, but are currently preparing structural, electrical, mechanical, and plumbing plans for the home and is expected to submit for plan check to the Building and Safety Division in January 2022. The applicant is unable to start construction prior to the expiration date of the Planning Commission approval, and as a result submitted a request for an extension of time to the City on September 21, 2021. If the extension of time is approved, the new expiration date will be December 10, 2022. The extension of time does not change the approved project in any way. The conditions of approval set forth in the Planning Commission Resolution No.2019-21 will not change with the approval of an extension of time. NOTICE OF PUBLIC HEARING: On October 29, 2021, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site. On October 29, 2021, the notice was published in Time Extension for Development Review and Tree Permit Planning Case No. PL2019-42 Page 2 of 3 Packet Pg. 83 the San Gabriel Valley Tribune newspaper. A notice display board was posted at the site, and a copy of the notice was posted at the City's designated community posting sites. Public Comments Received No comments have been received as of the publication date of this report. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 under Section 15303(a) (New Construction of One Single -Family Residence) of the CEQA Guidelines. No further environmental review is required to extend the time limit for the approved project. REVIEWED BY: Attachments: A. Draft Resolution No. 2021-XX B. Time Extension Request C. December 10, 2019 Planning Commission Staff Report D. December 10, 2019 Planning Commission Resolution E. Site Plan, Floor Plan, Elevations, Conceptual Grading and F. Color and Material Board G. Arborist Report Dated July 2019 Landscape Plans Time Extension for Development Review and Tree Permit Planning Case No. PL2019-42 Page 3 of 3 Packet Pg. 84 72.a PLANNING COMMISSION RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. PL2019=42 TO CONSTRUCT A 31,458 SQUARE FOOT, SINGLE-FAMILY RESIDENCE WITH A 2,100 SQUARE FOOT GARAGE, AN 800 SQUARE FOOT PORTE= COCHERE AND 8,675 SQUARE FEET OF BALCONY AREA ON AN 8.51 GROSS ACRE (370,696 GROSS SQUARE -FOOT) LOT LOCATED AT 2244 INDIAN CREEK ROAD, DIAMOND BAR, CA 91765 (APN 8713=040-031). A TREE PERMIT WAS ALSO REQUESTED TO REMOVE THREE BLACK WALNUT TREES THAT ARE IN FAIR AND POOR HEALTH AND REPLACE WITH NINE COAST LIVE OAK TREES. A. RECITALS 1. On December 10, 2019, the Planning Commission approved Development Review and Tree Permit No. PL201942, to request the following approvals from the Planning Commission: (a) Development Review to construct a new 31,458 square -foot, single-family residence with a 2,100 square -foot garage, an 800 square -foot porte cochere and 8,675 square feet of balcony area; and (b) Tree Permit to remove three protected California black walnut trees that are in fair and poor health and replace with nine coast live oak trees. Hereinafter in this Resolution, the subject Development Review and Tree Permit shall be referred to as the "Proposed Project." 2. The subject property is made up of one parcel totaling 370,696 gross square feet (8.51 gross acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential. 3. The legal description of the subject property is Lot 65 of Tract No. 23483. The Assessor's Parcel Number is 8713-040-031. 4. Section 22.66.050 of the Diamond Bar Municipal Code authorizes the Planning Commission to grant time extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions. 5. Applicant, Benjamin Hook of Windsor Group, on behalf of Henry Hau, has filed a request for a one-year extension of time for the Project. 6. On October 29, 2021, public hearing notices were mailed to property owners within a 1,000400t 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. Packet Pg. 85, Q 7. 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. 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. 2. On December 10, 2019, the Planning Commission determined the Project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 under Section 15303(a) (New Construction of One Single -Family Residence) of the CEQA Guidelines. No further environmental review is required to extend the time limit for the approved project. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Extension of Time Findings Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.66.050, this Planning Commission hereby finds as follows: 1. On the filing of a request for extension by the applicant at least 30 days before the expiration, the original review authority may extend the time to establish an approved permit. The applicant has submitted a request for a one-year extension of time to the City on September 21, 2021, which complies with the filing deadline of November 10, 2021. 2. The permittee has made a good faith effort to establish the permit and has exercised due diligence in seeking to establish the permit. The burden of proof is on the permittee to establish, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended. As a result of the COVID49 pandemic, the project team has experienced difficulty with staffing levels and was not able to obtain building or grading permits within the two-year timeframe. The applicant has submitted construction documents for the retaining walls, but are currently preparing structural, electrical, mechanical, and plumbing plans for the home and is expected to submit for plan check to the Building and Safety Division in January of 2022. The applicant is unable to start construction prior to the expiration date of the Planning Commission approval, and as a result submitted a request for an extension of time. 2 PC Resoluti packet. Pg. 8 72.b City of Diamond Bar Explanation letter for our requested permit extension 2244 Indian Creek Road The lasting effects of the pandemic still has its challenges. Getting all the wheels turning at the same time and in the same direction has proved to be a difficult task even now, almost two years later. We continue to adjust to this "new normal" which seems to differ from person to person and city to city. Along with keeping up with our timelines, the Windsor Group has been plagued with the same issue everyone is dealing with "Man Power". Not only did a number of employees not return to work, it's been a slow process to fill our open positions. Benjamin Hook Vice President of the Windsor Group Packet i'g. 88 7.2.c PLANNING COMMISSION CITY OF DIAMOND BAR~ 21810 COPLEY DRIVE � DIAMOND BAR, CA 91765 -TEL. (909) 839-7030 ~FAX (909) 861-3117 AGENDA ITEM NUMBER: 8.2 MEETING DATE: December 10, 2019 CASE/FILE NUMBER: Development Review and Tree Permit Planning Case No. PL201942 PROJECT LOCATION: 2244 Indian Creek Road Diamond Bar, CA 91765 (APN 871M4M31) GENERAL PLAN DESIGNATION: Rural Residential (RR) ZONING DISTRICT: Rural Residential (RR) PROPERTY OWNER: Henry Hua 19811 Colima Rd #201 Walnut, CA 91789 APPLICANT: Pete Volbeda 164 N 2nd Ave, Suite 100 Upland, CA 91786 SUMMARY: The applicant is requesting approval of a Development Review (DR) application to construct a new 31,458 square -foot, single-family residence with a 2,100 square -foot garage, an 800 square -foot porte cochere and 8,675 square feet of balcony area on an 8.51 gross acre (370,696 gross square -foot) undeveloped site. A Tree Permit is also requested to remove three protected California black walnut trees that are in fair and poor health and replace with nine coast live oak trees on site. RECOMMENDATION: Adopt the attached Resolution (Attachment A) approving Development Review and Tree Permit No. PL2019-42, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.48 and 22.38, subject to conditions. Packet Pg. 89 `, 7.2.c BACKGROUND: The project site is located in the Diamond south side of Indian Creek Road, between The property is a large, undeveloped flag lot classified as protected trees. Bar Country Estates (The Country), at the Falcons View Drive and Clear Creek Lane. There are 13 trees on the property that are The proposed project was approved by the Diamond Bar Country Estates Architectural Committee on October 11, 2019. The property is legally described as Lot 65 of Tract No. 23483, and the Assessor's Parcel Number (APN) is 871M4M31. Site and Surrounding General Plan, Zoning and Land Uses The image below highlights the subject property: Site Plan View (Aerial) Development Review and Tree Permit Planning Case No. PL2019-42 Page 2 of 14 Packet Pg. 90 y s i 'S 1 ,yam 1 q: v a fiIt b.. rrr VIA 140 5 Ij to I to d Os lit,r tV S 3Pt zs r14 huJCs)r. )CII)(II )' r t t �'tit" ftl oftO,4 }ts St toss i! +� {, 3-44 L 41 44 id If I mm 1 - aa General Plan Designation Zoning Land Use Disfirict 72.c frontage. The property is an unusually large flag lot with a net buildable area (i.e., minus the private street easement and flood hazard area) of 325,860 square feet (7.5 acres). Entrance to the property is provided via a 20400t wide access driveway that is approximately 344 feet long. The property is a hillside property with a descending slope that starts from the private street easement to the rear property line. The proposed house is situated toward the rear %J the lot, approximately 378 feet from the front property line. The front elevation faces north. From the 20-foot wide access driveway, entrance continues through a curved driveway that traverses across the front of the property, and leads to the garage located towards the east side of the house. There are two wrought iron driveway gates proposed, one near the entrance to the property and another at the middle of the driveway. There are 13 existing trees on the property thafi are 10 coast live oak and three California black walnut trees. rear of the property and one at the front. There are 21 California black walnut trees that are not classified as proposing to remove 12 trees (three protected and nine the development. Analysis on the removal of these trees Permit" section. Grading Plan classified as protected trees: Most are located towards the additional coast live oak and protected. The applicant is unprotected) to accommodate :s is included under the "Tree The applicant is proposing to cut 25,035 cubic yards of soil and fill 21,916 cubic yards of soil throughout the property to create the building pad. Therefore, 3,119 yards would have to be exported from the site. Standard dump truck capacities range from 10 to 15 cubic yards, so the proposed amount of export would require approximately 208 to 312 total truck trips. The applicant is proposing two retaining walls with a maximum height of four feet at the rear of the property to support fills above the natural grade to create the buildable pad for the house. Additionally, a series of tiered retaining walls, with a maximum height of six feet, are proposed throughout the property to support cuts into the slope, as well as supporting fills above the natural grade necessary to create the driveway. All exposed portions of the proposed retaining walls will have a decorative finish, such as split -faced block or painted stucco to match the house. Architecture The architectural style is French Baro granite stone cladding and limestone emphasize the French Baroque design ornate decorative detail at the entrance, elongated windows, and a cupola. due. Exterior finishes include "Giallo-Fiorito" in a scored pattern. Features proposed to vocabulary include a flat roof, pediment with Corinthian columns, concrete balustrades, long Development Review and Tree Permit Planning Case No. PL2019-42 Page5of14 Packet Pg. 93 72.c Front Elevation The proposed three -level house's floor plan is comprised of the following components: • Basement Floor — A ball room, theater, banquet/guest bedroom, gym, wine cellar, two guest bedrooms with a bathroom, two powder rooms, and a bathroom with a hot tub and massage room. • First Floor — Common areas (foyer, lobby, family room, kitchen, dining room, lounge), office, indoor pool, two bedrooms with bathrooms, one bathroom with shower, two powder rooms, and a two -car garage plus RV parking. • Second Floor — Two master suites with a bathroom and walk-in closet, and a guest bedroom with bathroom. • Patio and balcony areas totaling 8,675 square feet throughout the two levels of the residence. The floor area distribution is summarized on the following page: Development Review and Tree Permit Planning Case No. PL2019-42 Page 6 of 14 Packet Pg. 94 PROJECT SUMMARY (square footage Livina Area Basement 10,012 First Floor 13,932 Second Floor 71514 Total Total Living Area Ga ;a Total Garage Area Area 31,458 31,458 2,100 2,100 33,558 Porte Cochere 800 Balcony First Floor 61336 Balcony Second Floor 21339 Total Total Accessory Structure /Balcony Area 9.475 9,475 The height of the building is 34'-11", measured from the finished grade to the highest point of the roofline. A 12'-1" cupola is proposed at the top center of the building, which is allowed to exceed the maximum height limit up to a maximum of 20 feet pursuant to )BMC 22,16.060 (2)(b). Landscape Plan The applicant is proposing a variety of trees to be planted throughout the property, including 24-inch box fruitless olive trees lining the driveway and two 15-foot trunk Canary Island date palms in the front yard. Nine 15-gallon coast live oak trees will be planted at the east and west side yards. Nineteen existing coast live oak and California black walnut trees in the rear yard will remain. Additionally, various 5-gallon and 1- gallon shrubs that have a variety of color, texture, and form are proposed throughout the front, side and rear yards. Overall, landscaping consists of drought tolerant and non- invasive species to minimize irrigation and reduce the area of turf. The project is required to comply with the City's Water Efficient Landscaping Ordinance, and compliance will be verified during building plan check and final inspections. The subject property is located within the Los Angeles County Fire Department "Very High Fire Hazard Severity Zone." Therefore, the proposed landscaping must comply with the Fire Department's Fuel Modification Plan requirements. The landscape plans will be submitted for review and approval by the Fire Department during building plan check. Development Review and Tree Permit Planning Case No. PL2019-42 Page 7 of 14 Packet Pg. 95 Z.2.c Tree Permit (DBMC Section 22.38.110) A Tree Permit is required when the removal or protection of a protected tree is requested. A protected tree is any of the following: • Native oak, walnut, sycamore and willow trees with a diameter at breast height ("DBH" i.e., 4.5 feet above ground level) of eight inches or greater, and located on parcels larger than one-half acre in area; • Trees of significant historical or value as designated by the City Council; • Any tree required to be preserved or relocated as a condition of approval for a discretionary permit; • Any tree required to be planted as a condition of approval for a discretionary permit; and • A stand of trees, the nature of which makes each tree dependent upon the others for survival. The applicant submitted a tree report, prepared by a licensed arborist dated July 18, 2019. The tree report indicates there are 34 coast live oak and California black walnut trees on the property. Of the 34 trees, 13 trees are considered protected. The applicant is proposing to remove three protected California black walnut trees that are in fair and poor condition (two with a DBH of eight inches and one with a DBH of 12 inches) and nine unprotected trees (with a DBH that ranges from three to seven inches), in order to create the proposed building pad area and the driveway. Most of the trees being removed are in fair and poor condition, with the exception of one unprotected coast live oak that is in good condition. This tree is in close proximity to grading and construction and cannot be preserved. The trees will be replaced with nine 15-gallon coast live oak trees throughout the property, which will provide sufficient replacement of the natural landscape. For grading and construction close to the protected zone, protective measures shall include, but are not limited to the following: • Tree protection fencing will be a minimum of five feet high and located five feet from the drip line of the trees. • Fencing will be of a flexible configuration or chain link, supported by vertical posts at a maximum of ten -foot intervals to keep the fencing upright and in place. • 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. Development Review and Tree Permit Planning. Case No. PL2019-42 Page 9 of 14 Packet Pg�97 72.c These protective measures are included as conditions in the attached resolution. Tree Inventory Plan GA black walnut *DBH=8 in r� • b�VA t Condition=fair NY CA black walnut GA black walnut • ' DBH=7 in. �" DBH=5,7 in.k p CA black walnut CA black walnut ` — 74 DBH=3 in. DBH=6 in. Coast live oaks GA black walnut - DBH=4,5,5 in_ DBH4 in. l� CAblackwainut h CA black walnut «.," DBH=3 in. 3 DBH4 in. — Condition=fair CA black walnut i DBH=6 in. i „ F GA black walnut s x DBH=12 in. CA black walnut Condition= oor :DBH=S:in. i 454..ellf CA black wain i Coast live oaks' I DBH 0, 8, 10, 1Bin. ell � DBH=S, 4, 5 in. ti f Yet Coast live oaks CA black walnut t -Y Yee DBH=6 in. DBH = 5 5 in. 5, ell l * AL _r Coast live oak a i i �lYi ld DBH=14, 10 In. '1 1 max. ♦4y4 4 w�. Coast live oaks DlEill 10 in. Y Me YYm IF �� Coast live oaks Goa st live oaks Coast live soak DBH=56,7 in. DBH=6, Sin. DBH=24, 10 in. Coast live oak Coast live oak DBH=20 in. DBH=15 Legend Protected California black walnut trees to be removed Protected trees to remain 15 gallon coast live oak mitigation trees Permit Planning Case No. PL2019-42 Page 10 of 14 Packet Pg. 98 7.2.c Compliance with Hillside Management Ordinance (DBMC Section 22.22) The proposed project was reviewed for compliance with the City's Hillside Management Design Guidelines and regulations. The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code, and incorporates the following features: • All proposed retaining walls associated with the building pads are at a maximum exposed height of four feet and retaining walls supporting cuts are at a maximum exposed height of six feet; • The project is located approximately 66 feet below the street grade on a large flag lot, • The home is constructed into the hillside with a basement, which gives the appearance of a two-story structure; and • Earth tone building materials and color schemes are used that blend in with the natural landscape. The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code. Compatibility with Neighborhood The proposed project is designed to be compatible with the character of the existing homes in the neighborhood. The new house will not be intrusive to neighboring homes since the proposed house will not block existing views from adjacent properties. The adjacent properties to the north have views to the south but are at a much higher elevation. There is a canyon of existing trees on the slopes of the adjacent properties to the south that provides screening between the neighboring properties. The closest home to the east —located approximately 455 feet away —have views to the southwest and have existing trees that provides screening between the neighboring properties. The adjacent properties to the west have views to the east and southeast. The views from three properties on Clear Creek Lane will change, but the proposed home will not obstruct their views. Furthermore, these homes are at a higher elevation and is located approximately 265 feet away. The home that may be impacted the most has existing trees that provides screening between the properties. Development Review and Tree Permit Planning Case No. PL2019-42 View Looking West View Looking East from Clear Creek Lane View Looking North Packet Pg. 100 1 72.c Although the proposed house will be one of the largest homes in The Country, the scale and proportions of the home are balanced and appropriate for the 8.5-acre site. The architecture in The Country is eclectic, and includes a variety of architectural designs. In sum, the proposed project fits the character of the neighborhood on which it is proposed. Additionally, the existing coast live oak and California black walnut trees in the rear yard will remain, which will provide screening between the subject property and the neighboring properties to the rear. • The new single-family residence will conform to all development standards, including building height and setbacks, which is consistent with other homes in The Country; • A gradual transition between the project and adjacent uses is achieved through appropriate setbacks, building height, and landscaping; • The proposed new single-family residence is appropriate in `mass and scale to the site; • Elevations are treated with detailed architectural elements; • The exterior finish materials and colors blend with the natural environment; and • Effective landscape design should serve the dual purpose of intrinsically enhancing a project setting, as well as integrating the landscaping into the overall architectural design. Staff finds the proposed plant palette to be diverse, and the plant selections are compatible with Southern California native landscapes. Additional Review The Public Works Department and Building and Safety Division reviewed this project, and their comments are included in the attached resolution as conons of approval. The applicant submitted plans to the County of Los Angeles Fire Department and comments were issued on April 16, 2019. The applicant shall continue to work with the Fire Department during the building plan check process to address all of their comments. NOTICE OF PUBLIC HEARING: On November 27, 2019, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site. On November 27, 2019, the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the notice was posted at the City's four designated community posting sites. Public Comments Received No comments have been received as of the publication date of this report. ENVIRONMENTAL ASSESSMENT: Development Review and Tree Permit Planning Case No. PL2019-42 Page 13 of 14 Packet Pg. 101 7.2.c This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15303(a) (construction of a new single-family residence) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 201!MX and Standard Conditions of Approval B. Color and Material Board C. Protected Tree Report Dated July 18, 2019 D. Site Plan, Floor Plans, Elevations, Conceptual Grading Plans and Landscape Plans Development Review and Tree Permit Planning Case No. PL2019-42 Page 14 of 14 Packet Pg. 102 7.2.d A. PLANNING COMMISSION RESOLUTION NO. 2019=21 A RESOLUTION pF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2019-42 TO CONSTRUCT A 31,458 SQUARE FOOT, SINGLE-FAMILY RESIDENCE WITH A 21100 SQUARE FOOT GARAGE,, AN 800 SQUARE FOOT PORTE-COCHERE AND 81675 SQUARE FEET OF BALCONY AREA ON AN 8.51 GROSS ACRE (370,696 GROSS SQUARE -FOOT) LOT LOCATED AT 2244 INDIAN CREEK ROAD, DIAMOND BAR, CA 91765 (APN 8713-040- 031). A TREE PERMIT IS ALSO REQUESTED TO REMOVE THREE BLACK WALNUT TREES THAT ARE IN FAIR AND POOR HEALTH AND REPLACE WITH NINE COAST LIVE OAK TREES. RECITALS 1. The property owner, Henry Hua, and applicant, Pete Valbeda, have filed an' application far Development Review and Tree Permit No. PL201942, to request the following approvals from the Planning Commission, {a} Development Review to construct a new 31,458 square -foot, single- family residence with a 2,100 square -foot garage, an 800 square -foot porte cochere and 8,675 square feet of balcony area; and {b} Tree Permit to remove three protected California black walnut trees tha# are in fair and poor health and replace with nine coast live oak trees. Hereinafter in this Resoiution, the subject Development Review and Tree Permit shall be referred to as the "Proposed Project," 2. The subject property is made up of one parcel totaling 370,696 gross square feef (8.51 gross acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential, 3. The legal description of the subject property is Lot 65 of Tract Na. 23483. The Assessor's Parcel Number is 8713-040-031. 4. nn November 27, 2019, public hearing natives were mailed to properly owners within a 1,000-foot radius of the Project site. �n November 27, 2019, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Packet Pg. 103 ,- 7.2.d Also, public notices were posted at the project site and the City's four designated community posting sites. December, 10, 2019, the Planning Commission of the City %J 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: 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 15303(a) (construction of a new single-family residence) of the CEQA Guidelines. Therefore, no further environmental review is required. C. PiNRINGS OP PACT ' Based on fhe findings and conclusions set forth herein and as prescribed- under Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.38, this Planning Commission hereby finds as follows: . Development Review Findings DBMC Section 22.48.040} 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 and layout of the proposed single-family residence consisting of a 39,458 square -foot, single-family residence with a 2,100 square -foot garage, an 800 square -foot porte cochere and 8, 675 square feet of balcony area is consistent with the City's General Plan, Design Guidelines and development standards. A gradual transition between the project and adjacent uses is achieved through appropriate setbacks, building height, landscaping, and window and door placement. 2 - PC Resolution No. 2019.21 Packet Pg, 104 7.2.d The proposed new single-family residence incorporates various details and architectural elements such as a flat roof, granife stone cladding and limestone exterior finishes, pedimenf wifh ornate decorative defail at the entrance, Corinthian columns, concrete balustrades, long elongated windows, a cupata; and appropriate massing and proportion to meet the infent of the City's Design Guidelines. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; The proposed single-family house will not interfere wifh the use and enjoyment of neighboring existing ar future developments because the use of the project site is designed for asingle-family home and the surrounding uses are also single-family homes. 7'he new house will not be infrusive to neighboring homes since the proposed house will not block existing views from adjacent properties. The adjacent properties to the north have views to the south but are at a much higher elevation. There is a canyon of _ existing trees on the slopes of the adjacent properties fa the south that provides screening between the neighboring properties. The closest home to the east is located approximately 455 feet away, have views to the soufhwest and have existing trees that provides screening between the neighboring properties. The adjacent properties fo the west have views to the easf and southeast. With the proposed home, the views from three properties will change, buf the home will not obstrucf their views. __ Furthermore, these homes are of a higher elevation and is located approximately 265 feet away. The home that may be impacted the most have existing trees that provides screening between the properties. The proposed single-family pause 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; f'C Resolution No. 2099-2f Packet Pg. 105 ;: 7,2.d Although the proposed house will be one of the largest homes in The Country, the scale and proportions of the home are balanced and appropriate for the 8.5--acre site, The architecture in The Country is eclectic, and includes a variety of architectural designs. In sum, the proposed project ,fits the character of the neighborhood on which it is proposed. Additionally, the existing coast live oak and California black walnut trees in the. rear yard will remain, which will provide, screening between the subject property and the neighboring properties to the rear. The closest existing home from the project is located approximately 265 feet away. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, color, and will remain aesthetically appealing; The architectural style of the home is French Baroque, including details such as a flat roof, pediment with ornate decorative detail at the entrance, Corinthian columns, concrete balustrades, long elongated windows, and a cupola. The new home will not be intrusive to neighboring homes and will be aesthetically appealing by integrating a variety of materials, such as granite stone cladding and limestone exterior finishes. Earth -tone shades for the exterior finish are used to soften the building's visual impact and assist,in preserving the hillside's aesthetic value. Also, landscaping is integrated into the site to complement the massing of the house and blend in with neighboring homes and the natural environment of the site in order to maintain a desirable environment. The scale and proportions of the proposed home are well balanced and appropriate for the site. 5. T.he 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 i-n 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 ormaterially 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). L! PC Resolution No, 2019-21 Packet Pg 106 7.2.d The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Arficle 19 Section 15303(a) (construction of .a new single-family residence) of the CEQA Guidelines. Tree Permit FindincI(DBMC Section 22.38.110) 1. Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with DBMC Section 22,38,130 (Tree replacement/relocation standards) below. The applicant submitted a tree report, prepared by a licensed arborist dated July 18, 2019. The tree report indicates there are 34 coast live oak and California black walnut trees on the property. of the 34 trees, 13 trees are, considered protected. The applicant is proposing to remove three protected California "black walnut trees that are in fair and poor condition (two with a DBH of eight inches and one with a DBH of 12 inches) and nine unprotected trees, in order to create the proposed building pad area and the driveway.. The trees will be replaced with nine 15-gallon coast live oak trees throughout the property, which will provide sufficient replacement of the natural landscape. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application, subject to the following conditions. 1. Development shall substantialEy comply with the plans and documents presented to the Planning Commission at the public hearing. 2. Prior to issuance of building permits, the applicant shall record, and provide the City with a conformed recorded copy of, a Covenant and Agreement or similar document in a form approved by the City Attorney, which restricts the rental of rooms or other portions of the property under two or more separate agreements and prohibits use of the property as a boarding or rooming house, except to the extent otherwise permitted by the Diamond Bar Municipal Code or applicable state or federal law. 3. Prior to buNding 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. PC ResoluBon No. 2019-2'( Packet Pg10 7,2.d 4. Prior to building permit issuance, a Certification of Design, together with landscape and irrigation plans prepared by a licensed landscape architect, shall be submitted to the Planning Division for review and approval by the City's Consulting Landscape Architect. Landscape and irrigation plans shall comply with the updated Water Efficient Landscaping Ordinance, 5. Prior to the issuance of a demolition, grading or building permit, the protected trees proposed to temain shall be barricaded by chain link fencing with a minimum height of five feet, or by another protective barrier approved by the Community Development Director or designee. Chain link fencing shall be supported by vertical posts at a maximum of ten -foot intervals to keep the fencing upright and in place. Barriers shall be placed at least five (5) feet from the drip line of the trees. A sign posted on the fencing which states "Warning: Tree Protection Zone" and stating the requirements of all workers in the protection zone. Throughout the course of construction, the tree protection fencing shall be maintained and the site shall be maintained and cleaned at all times. No construction staging or disposal of construction materials or byproducts, including but not limited to paint, plaster, or chemical solutions is allowed in the tree protection zone. The fencing plan shall be shown on the grading plan and other applicable construction documents and the Applicant, Owner or construction manager shall contact the Planning Division to conduct a site visit prior.to commencement of any work to ensure this condition is met. 6. All grading and construction conducted close to the protected zone of the protected oak and black walnut trees snail be performed within the presence of a qualified arborist. A 4&hour notice shall be provided to the arborist and the Planning Division prior to the planned start of work. 7. if protective measures fail to ensure the survival of any protected tree during construction activity or within three years after approval of final inspection, a minimum of three 244ch box protected species shall be planted on the property for each protected tree that dies. 8. Standard Conditions. The applicant shall comply with the standard development condifiions attached hereto. Tne Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Henry Hua, 19811 Colima Rd #201, Walnut, CA 91789; and applicant, Pete Volbeda, 164 N. 2nd Street, Upland, CA 91786. C PC Resolution No. 207 8.21 Packet Pg. 108] 7.2.d APPROVED AND ADOPTED THIS 10111 DAY OF DECEMBER 20197 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. v By: Frank Fara_ o, t6`e.%0h, I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adapted, at a regular meeting of the Planning Commission held on the 10th day of December, 2019, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Malilke, Mok, V/C Farago nrr� Rawlings, Chaix/Barlas None irI DR/TP PL2018-42 Packet Pg. 109 7.2.d COMMUNITY DEVELQPMENT DEPARTMENT STANDARD Uk NDI`I IQNS USE PERMITS, CC.�MMERCIAL AND RESIDENTIAL lmavv AND REMODELED STRUCTURES PROJECT #: Development Review and Tree Permit No PL 2019-42 SUBJECT: To construct a new 31,458 square -foot, single-familresidence with a 2,100 square -foot gartage, an 800 square -foot Porte cochere-and 8,675 square feet of balcony area A Tree Permit is requested to remove three protected California black walnut trees_ that are in fair/poor health and replace with nine coast live oak trees PROPERTY' Henry Hua OWNER: 19811 Colima Rd ##201 Walnut, CA 91789 APPLICANT: Pete Volbeda 164 N. 2nd Avenue Sulte 100 Upland, CA 91786 LOCATION: 2244 Indian Creek Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONU1T10NS APPLY TO YOUR PROJECT, I, APPLICANT SHALL CONTACT THE PI-ANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. The applicant shall defend, indemnify, and hold harmless the Gity, and 'its officers, agents and employees, from any claim, action, or proceeding to attack, set -aside, void or annul, the approval of Development Review and Tree Permit No. PL201942 brought within the time period provided by Government Code Section 66499,37. In the event the city and/or its officers, agents and employees are made a party of any such action: PC Resolution No, 2019-21 Packet Pg. 110 (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 purpase until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review and Tree Permit No. PL201942, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License; and a zoning approval for those businesses located in Diamond Bar, 4. Signed copies of Planning Commission Resolution, No, 2019-21, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect: 5. Prior to the plan check, revised site plans and building elevations incorporating a!I Conditions of Approval shall be submitted far Planning Division review and approval. 6. Prior to any use of the project Site or business activity being commenced thereon, all condifiians 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 9 PC Resolution No. 201s-z1 Packet Pg, 111 = 7.2.d any applicable Specific Plan in effect at the ,time of building permit issuance. 9. All site, grading, landscapeArrigation, and roof plans, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has, commenced, whichever comes first. 10. The hours during which construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work are limited to Monday through Saturday, between the hours of 7:00 a.m. and 7:00 p.m., and are not allowed at any time on Sundays or holidays. 11. The property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 13. Prior to issuance of building permits, the applicant shall record, and provide the City with a conformed recorded copy of, a Covenant and Agreement or similar document in a form approved by the City Attorney, which restricts the rental .of rooms or other portions of the property under two or more separate agreements and prohibits use of the property as a boarding or rooming house, except to the extent otherwise permitted by the Diamond Bar Municipal Code or applicable state or federal law. EEES7DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Bung 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. PC Resolution No. Z019-21 Packet Pg.;112 7.2.d C. TlME LlM1TS 1. The approval of Development Review and Tree Permit No. PL2019- 42 expires within two years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 22.66.050 (b)(1). In accordance with DBMC Section 22.60.050(c), the applicant may request, in writing, a one- year time extension for Planning Commission consideration. Such a request must be submitted to the Planning Division prior to the expiration date and be accompanied by the review fee in accordance with the fee schedule in effect at the time of submittal. D. SlTE DEVELOPMENT 1. This approval is to construe#anew 31,458 square -foot, single-family residence with a 2,100 square -foot garage, an 800 square -foot porte cochere and 8,675 square feet of balcony area at 2244 Indian Creek Road, as described in the staff report and depicted on the approved plans on file with the Planning' Division, subject to the conditions listed below. 2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the Planning Commission, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the approved Development Review submittal, the plans may require further staff review and* re"notification of the surrounding property owners, which may delay the project and entail additional fees. 3. To ensure compliance with the provisions of the Planning Commission approval, a final inspection is required from the Planning Division when work for any phase of the project has been completed. The applicant shall inform the Planning Division and schedule an appointment for such an inspection. 4. The above conditions shall run with the sand and shall be binding upon all future owners, operators, or successors thereto of the property. Non-compliance with any condition of approval or mitigation measure imposed as a condition of the approval shall constitute a violation of the City's Development Code. Violations may be enforced in accordance with the provisions of the Development Code. 5. Failure to comply with any of the conditions set forth above or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a certificate of occupancy, until full 11 - PC Resolution No. 2019-21 Packet Pg. 11 7.2.d 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. A(I roof -mounted equipment shall be screened from public view. 9. Ali structures, including wails, 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. 14. All landscaping, structures, architectura{ 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. PC Resolution No. 2019-21 Packet 7.2.d 2. Mandatory solid waste disposal services shall be provided bythe City franchised waste hauler to all parcels/lots ar uses affecfied by approval of this project. II. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909? 839�7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. There is not a valid address assigned to this parcel. The applicant shall submit an Application far Address Ghange form to the Public Warl<s Department for processing. 2. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System {NPDES} standards and incorporate the appropriate Best Management Practices (BMP's} as specified in the Storm Water BMP Certification. 3. .The proposed improvements indicate a disturbance of one acre of land or greater. As such, a Storm Water Pollution Prevention Plan (SWPPP) will be needed. A Storm Water Pallutian Prevention Plan {SWPPP} shelf be ' submitted and approved by the City, uploaded to the State's SMARTS system, and a WDID number shall be acquired from the California Water Board prior to issuance of construction permits-. 4. � A new single-family hilfiside home development project shall include mitigation measures ta: (i) Cartserve natural areas; (ii} Protect slopes and channels; (iii) Provide storrn drain system stenciling and signage; (iv} Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and {v} Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability. 5. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:OQ 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 4g2 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 3 PC Resolution No. 2019-21 Packet Pg. 115 7.2.d B. SOILS REPORTIGRADIN G/RETAINING WALLS 1. Upon CIPPIUVal of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance,with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department.'All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 2. Finished slopes shall conform to City Code Section 22.22.080-Grading. 3. All easements and flood hazard areas shall be clearly idenfiified an 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 shalt be located an the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot-hlgh 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 far erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 9. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. PC ResoluElon No. 2419-21 Packet Pg. 11 t 7.2.d 10. A pre"construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 11. Rough grade certifications by project soils and civil engineers and the as - graded geotechnical report shall be submitted for review and approval prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 12. Final grade certifications by projecfi soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final ins pectionslcertificate of occupancy respectively. C. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area hall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on -site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2: The applicant and contractor shall maintain compliance with all development provisions of the Diamond Bar Municipal Code for construction in an Area Subject to Flood Hazard (DBMC 18.108.010-210). 3. The preliminary grading plans indicate that the "AREA SUBJECT TO FL.QOD HAZARD TO BE VACATED" and "THE FL.OQD HAZARD AREA TO BE REMOVED." However, the applicant assumes the all risks by proposing to build a structure in a Flood Hazard Area and the property owner shall release, hold harmless, and indemnify the City of Diamond Bar of liability for the issuance of a permit to build under the above -described circumstances. 4. The property owner shall record the document, "Assumption of Risk and Release Regarding Building an Uninhabitable Structure in a Flood Hazard Area," and a recorded copy shall be provided to the City prior. to the issuance of any grading or retaining wall permits. D. SEWERS (NOT APPLICABLE 11=ASEPTIC TANK IS PROPOSED) 1. Applicant steall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 2. Any homeowner that installs a new septic tank system, repairs and existing ' septic tank or adds any plumbing fixture units or bedroom equivalents #o the facility served by an existing septic system will need to submit a Notice of 15 PC Resoluflon No, 2019-21 Packet Pg. 117 7.2.d Intent (N01) to the Regional Water Quality Control Board for Waste Discharge Requirements and submit a copy of the sent NO[ and check to the City. Please refer to City handouts. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division. Sewer plans shall be submitted to the Building and Safety Division for review and approval by the City. E. SEPTIC TANK (NOT APPLICABLE IF A SEWER CONNECTION 1S PROPOSED) 1. The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles County Health Department, California Water Control Board and the City 's Geotechnical Engineer shall approve these plans prior to the issuance of any permits. The property owner shall be required to sign and record the City's Covenant for use of a septic system. IIh APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839,70201 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS. General Conditions: 1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Cade requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions far CAL Green shall be implemented onto plans and certification shall be provided by i e, 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. ©nly one single family dwelling is allowed an this property unless specifiically approved otherwise per CBC 202. Plan Check —Items to be addressed prior to plan approval; 4. The minimum design load for wind in this area is 110 M.P.H. exposures "C" and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 119 and 150(k). 1 � pC f2esolution No. 2018-21 Packet Pg; 118 72.d 6. Indoor air quality shad be .provided consistent with ASHRAE 62.2 as required per California Energy Code 150(0}. , 7, Public Works/Engineering Department is required to review and approve grading plans that clearly show all finish elevations, drainage, and retaining walls} locations. These plans steal! be consistent with the site plan submitted to the Building &Safety Division.. $. Separate permits are required for pool, spa, fountains, retaining wails, and electric gates" and shall be noted on plans. 9. There shall be design farfuture electrical vehicle charging including circuitry in the electrical panel and future conduit. 1 Q. All balconies shall be designed far 1.5 times the live load far the area served per CBC Table 1607.1 (emergency regulations}. 11. All easements shall be shown on the site plan: 12. A fully rated wall between the garage and dwelling unit is required with penetrations through the wail protected. Rating is required per CBG.406.3.1 and Table 548.4. _ 13. Ail utilities shall be shown on plans including sewer line connection location, Where applicable, backflaw preventers and pumps shall be designed by a registered professional engineer. Utilities shall be coordinated with the utility companies. 14. Fire Department approval steal[ be required. Contact the Fire Department to check the fire zone far 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-f}oar areas shall be constructed as exterior wall. b. All openings into the attic, floor and/ar 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 Fuei Modification Unit. f. L.A Counfiy Fire shall approve plans for fire flow availability due to home being over 360Q sf as required per CFG Appendix 8105.1. 17 PC Resolution No. 2018.21 Packet Pg 119 7.2.d 15. All retaining walls shall be separately submitted to the Building & Safety and Public Works/Engineering Departments for review and approval. 16. A snits report is requlied per CBC 1803 and all recommendations of the soils report shall be adhered to. 17. Slope setbacks shall be consistent wi#h California Bung Code Figure 1805.3.1 and California Residential Code R403.1.7. Foundations shall provide a minimum distance to daylight. 18. interior pools shall have a ventilation system capable of providing exhaust ventilation, See CIVIC T4-1 and T44. 19. Design for future electric vehicle charging and solar ready roof shall be provided. Permit-- items required prior to building permit issuance; 20. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shalt complete all required forms and pay applicable deposits prior to permit. 21. Prior to building permit issuance, all school district fees shall be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 22. Submit grading plans clearly showing al! finish elevations, drainage, and retaining wail locations. No building permits shall be issued prior to submitting a pad certification. 23. Private property sewer system shall be approved by the Las Angeles County Sanitary District and applicable conriecfiion fees shall be paid. 24. All workers an the jab 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 wail must be separated from the house plans and separately permitted in order to certify fhe 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 try LA County Fire Department prior to t 8 PC Reso3t�tioh No. 2018-21 Packet Pg: 120 7.2.d 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-hundred4ghty (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. 'Ali s#ructures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 30. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 31. A height and sefback 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 lacafiion of property lines and building pad may require a survey to be determined by the building inspection during foundCPA IV" and/or frame inspection. 34. The applicant shall contact Dig Alert and have underground ufiility locations marked by the utility companies prior to any excavation. Contact D'€g Alert by dialing 811 or their website at www,digalert.org. 35. The applicant shall first request and secure approval from the City for any changes ar deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations, 36. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 37, Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping roams. 1 g PC Resolution No. 2919-21 Packet Pg: 121 7.2.d 38. Drainage patterns shall match the approved grading/drainage plan from the Public Works/Engineering Department. Surface water shall drain away from the building at a 2% minimum slope. The final as -built conditions shall match the grading/drainage plan or otherwise approved as -built grading/drainage plan. 39. Decks, roofs, and other flat surfaces shall slope at least wlth approved and listed water proofing material. Guardrails shah be provided for these surfaces at least 42" minimum in height, 4" maximum spacing between rails, and capable of resisting at least 20 pounds per lineal foot of lateral load. 40. Bodies of water the# are greater than 18" in depth shall have the required barriers to prevent unintentional exterior access per CBC 3904440 41. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. IV, APPLICANT SHALL CONTACT THE COUNTY OF LOS ANGELES FIRE DEPARTMENT, (909) 620-24021 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS, 1. Comments will be provided upon acceptance of fees invoiced by the County. 2. Development shall be constructed to reduce the potential for spread of brushfire. a. In the case of a conflict, where more restrictive provisions are confiained 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 save 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 orfire-resistant materials. d. Balconies, patio roofs, eaves and other similar overhangs shall be of noncombustible construction or shall be protected by fire-resistant material in compliance with the building code. 20 PC Resaluilon Na. 2019-21 Packet Pg 122 7.2.d 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. 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Suite 210 Walnut, CA 91789 SITE ADDRESS 2244 Indian Creek Rd. Diamond Bar, CA 91765 REPORT DONE BY: PHIL MAY LANDSCAPE ARCHITECT 1937 W 9TH STREET UPLAND, CA 91786 (909) 373=1959 0 MIKE PARKER CERTIFIED ARBORIST WE3414A California Arbor Care Inc P.O. Box 746 Chino, CA 91708 909-590=4100 Fax 909-590=4165 July 18, 2019 1 Packet Pg. 148 7.2.g I. INTRODUCTION This arborist report of surveyed existing established trees for the residential development, of single family dwelling at 2244 Indian Creek Rd. Diamond Bar, CA 9176. Prepared an inventory and map of trees to be potentially impacted by the project ■ Recommendations for tree protection and mitigation II. INVENTORY METHODS The inventory and report was prepared in accordance with the City of Diamond Bar Tree Preservation guidelines. The inventory was conducted using survey map showing project and parcel boundaries, contours, and tree canopy locations. Visual Tree Assessment (VTA) was used to inspect trees. Species, diameter, and condition were recorded on trees having a diameter of 8-inches or greater at breast height (DBH) were inventoried and numbered. Information recorded for each of these trees included tree number, species, DBH, height and condition. Tree condition was rated "excellent", "good", "fair", "poor", and "dead" with "poor" meaning that that tree was dying due to a variety of conditions, and "dead" meaning that the tree has died and should be removed. A complete key of tree conditions are on the tree inventory table. This report is limited by: ■ Not all tree defects may be visible from observation position on the ground ■ Visual Tree Assessment (VTA) does not include diagnostic testing. I11. RESULTS Tree Distribution The subject property contains 34 mitigated trees, fourteen (14) Juglans californica, California Black Walnut trees and twenty (20) Quercus agrifolia, Coast Live Oak trees. Of the fourteen (14) Juglans californica, California Black Walnut trees, eleven (11) #1,#2, #3, #4, #5, #6, #7, #8, #9, #10 & #12 will be removed due to new driveway and proposed single family residence. Of the eleven California Black Walnut trees scheduled to be removed, three (3) #1, #9 & #10 are considered protected trees due to a DBH of eight inches or greater. Of the twenty (20) Quercus agrifolia, Coast Live Oak trees one (1) #33, will be removed. Scheduled Oak tree to be removed is not considered a protected tree due to DBH of only 5". Protected Juglans californica trees scheduled to be removed will be replaced at a 3:1 ratio throughout the site away from new development. All remaining trees will be protected in place. Inventory A total of thirty four (34) trees in the regulated size class (4-inches DBH and larger) were inventoried. Information recorded included, number, species, DBH, height and condition. A total of fourteen (14) Juglans californica, California Black Walnut trees and twenty (20) Quercus agrifolia, Coast Live Oak trees were recorded and inventoried for this report, see "Tree Inventory Table" for tree information also refer to "Tree Inventory Plans" sheet T-1 for location reference. 2 Packet Pg. 149 7.2.g Tree Inventory Table i EXISTING TREES LEGEND TREE # BOTANICAL NAME COMMON NAME DBH (inches) HEIGHT (feet) WIDTH (feet) CONDITION REMARKS 1 Ju Ions Californica California Black Walnut 8 20 12 FAIR TO BE REMOVED 2 Ju Ions Californica California Black Walnut 7 16 15 POOR TO BE REMOVED 3 Ju Ions Californica California Black Walnut 3 12 6 POOR To BE REMOVED 4 Ju lans Californica California Black Walnut 597 18 12 POOR TO BE REMOVED 5 1 Ju Ions Californica California Block Walnut 6 12 8 POOR TO BE REMOVED Ju Ions Colifornica California Black Walnut 6 18 15 FAIR TO BE REMOVED Ju Ions Californica California Black Walnut 3 12 8 FAIR TO BE REMOVED Ju Ions Colifornica California Black Walnut 6 20 10 POOR TO BE REMOVED $12 Ju Ions Colifornica California Black Walnut 8 20 16 FAIR TO BE REMOVED Ju Ions Californica California Block Walnut 12 30 28 POOR TO BE REMOVED Ju lens Colifornica California Black Walnut 5 4 12 15 POOR TO REMAIN Ju Ions Colifornica California Block Walnut 5 12 12 POOR TO BE REMOVED 13 Ju Inns Colifornica California Block Walnut 5 12 16 POOR TO REMAIN 14 Quercus a rifolia Coast Live Oak 5 15 15 GOOD TO REMAIN 15 Quercus a rifolia Coast Live Oak 6 16 12 GOOD TO REMAIN 16 Quercus a rifolia Coast Live Oak 5 16 6 GOOD TO REMAIN 17 Ju Ions Colifornica California Black Walnut 6 20 6 FAIR TO REMAIN 18 Quercus a rifolia Coast Live Oak 6 16 12 FAIR To REMAIN 19 Quercus a rifolia Coast Live Oak 7 18 10 FAIR TO REMAIN Quercus a rifolia Coast Live Oak 5 20 6 FAIR TO REMAIN Quercus a rifolia Coast Live Oak 2410 22 32 FAIR To REMAIN 22 Quercus a rifolia Coast Live Oak 20 20 30 FAIR TO REMAIN 23 Quercus a rifolia Coast Live Oak 15 26 35 FAIR TO REMAIN 24 Quercus a rifolia Coast Live Oak 1410 18 12 FAIR TO REMAIN 25 Quercus o rifolia Coast Live Oak 5 14 12 FAIR TO REMAIN 26 Quercus a rifolia Coast Live Oak 16 1 30 14 FAIR TO REMAIN 27 Quercus a rifolia Coast Live Oak 10 18 16 FAIR TO REMAIN 28 Quercus a rifolia Coast Live Oak 6 20 14____ FAIR TO REMAIN 29 Quercus a rifolia Coast Live Oak 10 30 18 GOOD TO REMAIN 30 Quercus a rifolia Coast Live Oak 8 20 18 GOOD TO REMAIN 31 Quercus a rifolia Coast Live Oak 10 22 16 FAIR TO REMAIN 32 Quercus a rifolia Coast Live Oak 18 30 38 FAIR TO REMAIN 33 Quercus o rifolio Coast Live Oak 415 12 14 GOOD TO BE REMOVED 34 Quercus a rifolia Coast Live Ook 5 1 12 14 FAIR TO REMAIN *Protected trees per Diamond Bar Municipal Code (DBMC) Section 22.38.030 (1)] Protected trees to be removed = QTY. 3 (/jl. JJ9 & j�10) Protected Trees The subject property contains thirty four (34) mitigated trees of which thirteen (13) are considered protected due to a DBH of 8" or higher. Protected trees consists of the following species three (3) #1, #9, & #10 California Blacl< Walnut trees and ten (10) #21, #22, #23, #24, #26, #27, #29, #30, #31, & #32 Coast Live Oak trees. All protected California Black Walnut trees, quantity of three (3) are scheduled to be removed. No protected Quercus agrifolia, Coast Live Oak trees are scheduled to be removed, see "Tree Inventory Plans" sheet T-1 for reference. IV. TREE REMOVAL &TREE RETENTION PLANS Eleven (11) California Black Walnut trees and one (1) Quercus agrifolia, Coast Live Oak tree are scheduled to be removed due to new development of single family residence. All remaining trees be protected in place, see "Tree Inventory Plans" sheet T-1 for reference. V. RECOMMENDATIONS ■ The following measures are recommended in order to minimize effects on existing trees to remain during construction activities. 3 Packet Pg. 150 7.2.g ■ Care should be taken to not change the grade of the trees to remain either by fill or grading. Any proposed grading within the drip line of trees. ■ For all protected trees that will remain#21,#22,#23,#24,#26,#27,#291#301#31 & #32,and are going to be impacted by new construction, install a five feet (5') high orange mesh fence around tree drip line before construction begins. Remove fence once construction has been fully completed. DEFINITION OF TREE CONDITION RATING Good Fair ■ No trunk or root cavities or injuries p ■ No indication of hollowness ■ Root crown is at or slightly above grade ■ No decay present except for small stubs ■ Strong structure ■ Tapered trunk ■ No fungus evident ■ Below average amount of dead limbs ■ No co -dominant branching ■ No large callused areas, callusing intact ■ No evidence of large scale insect infestation ■ Average growth rate ■ No excessive limb weight ■ Normal foliage, tree not suppressed ■ No decay in the root crown and no major decay in the trunk or limbs ■ Small cavities may be present ■ No fungus evident ■ Some small to moderate callusing injuries may be present ■ Some suppression or crowded growing conditions present ■ Average amount of dead wood limbs ■ Small cavities may be present ■ Foliage size, color, and density may vary Poor ■ Significant cavities, dead areas, and decay present ■ Tree structurally defective ■ Decay present in the root crown or base of trunk ■ Fungus bodies present indicating internal decay ■ Dead limbs above normal ■ Co -dominant branching with included bark present ■ Foliage is below average in size and color ■ Pest damage may be present 4 Packet Pg. 151 ,r IP F .. *04 It jks i ?, ,. 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I _ 1 t tipp IF r. 3F IF IF w y}� l % `I xr IIIr 1 ll, 4 t _ If If 0 if 3 jNo ''Fro. 7ik f t�j ! t i� ' r d IN IF r a Lk VI Ira ~ y1 11 rL i ba Far. III q 'Far S v+ r,e IF Ia IL . s �r 7f�i,y�.. zTf aaIF I y art n. _ 't�`�f'�/"v/fbr�. 97 fly 1 %%.rrJ� 5 '+` f'car ' �L a9 a f w'A IV ra rr " OFF,t4.. r,. 1 ,. IF OFF; Igq IF I.� 7.2.g PICTURE #11 END OF REPORT 10 Packet Pg. 157 7.3 PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 � TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.3 MEETING DATE: November 97 2021 CASE/FILE NUMBER: Development Review and Minor Conditional Use Permit for 2631 Rocky Trail (Planning Case No. PL2021-22) PROJECT LOCATION: 2631 Rocky Trail Road Diamond Bar, CA 91765 (APN 8713-025-020) GENERAL PLAN DESIGNATION: Rural Residential (RR) ZONING DISTRICT: Rural Residential (RR) PROPERTY OWNER: Katy Liu, 2631 Rocky Trail Road, Diamond Bar, CA 91765 APPLICANT: Kenneth Pang, Creative Design Associates, 17528 Rowland Heights, 2�d Floor, City of Industry, CA 91748 Summary: The applicant is requesting Development Review approval for the following improvements: • To construct a two-story, 2,141 square -foot addition to an existing 2,586 square -foot, two-story single-family residence with an attached 541 square -foot garage on a 0.65 gross acre (28,208 gross square -foot) site. • To transform the exterior architecture of the entire residence in conjunction with the proposed addition. A Minor Conditional Use Permit is concurrently requested to allow the continuation of an existing nonconforming structure with a 20'-6" front setback (where 30 feet is required). Packet Pg. 158 7.3 RECOMMENDATION: Adopt the attached Resolution (Attachment 1) approving Development Review and Minor Conditional Use Permit No. PL2021-22, based on the findings of Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.56, subject to conditions. BACKGROUND: The project site is located in the Diamond Bar Country Estates (The Country), on the west side of Rocky Trail Road. The property was developed in 1980 under Los Angeles County standards with a 2,586 square -foot single family residence and a 541 square - foot garage on a 0.65 gross acre (28,208 square -foot) lot. It is a hillside property and the addition is proposed on the existing building pad. There are no protected trees on the property. The proposed project was approved by the Diamond Bar Country Estates Architectural Committee on September 3, 2021. The property is legally described as Lot 89 of Tract No. 30578, and the Assessor's Parcel Number (APN) is 8713-025-020. Site and Surrounding General Plan, Zoning and Land Uses The image below highlights the subject property: et Pg. 159 " dot R' f. r...�c:c _ �... 7.3 The following table summarizes the land use status of the subject property and its surroundings: General Plan Designation District Land Use Site Rural Residential RR Single -Family Residential North South Rural Residential Rural Residential RR RR Single Single -Family -Family Residential Residential East Rural Residential RR Single -Family Residential RR Single -Family Residential West Rural Residential Protect Description Site Plan The property's gross lot area includes a 30-foot wide private street easement for Rocky Trail Road along its frontage. The property's net buildable area (i.e., minus the private street easement) is 24,758 square feet (0.57 net acres). The property is a hillside parcel with a descending average slope of 24 percent that starts from the private street easement to the rear property line. The existing house is situated toward the front of the lot, approximately 20 feet, six inches from the edge of the private street easement line. The entrance to the house faces Rocky Trail Road. An existing two -car garage is located at the front of the residence that is accessed by a circular driveway. Architecture The applicant is proposing to remodel the entire house and add to the side and rear of the existing house. The architectural style of the existing home is Neo-Mansard with an oversized mansard roof, a recessed entry, small window openings, and a rectangular building form. The applicant is proposing to change the architectural style to a contemporary Mid -Century design by adding long low sloped roofs with large eave overhangs, and expansive floor to ceiling windows. The street fagade has a low one- story profile, while the rear of the building steps down to two levels with large expansive windows to provide views towards the hillside. Outdoor decks and balconies help break up the massing along the rear elevation. The colors and materials include white and grey stucco broken up with stone to provide accent. The remodel exhibits an open floor plan where the boundaries of outdoor/indoor is blurred by creating a California indoor - outdoor living space. Development Review and Minor Conditional Use Permit for 2631 Rocky Trail (Planning Case No. PL2021-22) Page 4 of 11 Packet Pg. 161 7.3 East (Front Elevation) _r. West (Rear Elevation) The proposed remodel and addition to the sides and rear of the existing residence and consists of the following components: • First floor level: common areas (foyer, family room, living room, dining room, kitchen, powder room, mudroom), master suite bedroom with closet and bathroom, two -car garage and one carport; Development Review and Minor Conditional Use Permit for 2631 Rocky Trail (Planning Case No. PL2021-22) Page 5 of 11 Packet Pg. 162 7.3 • Second level: two bedrooms with a walk-in closet and bathroom, gym, theatre, bar, laundry room; and • Staircase providing access to both levels. The floor area distribution is summarized below: PROJECT SUMMARY (square footage Living Area 4,727 o Existing First Floor 11940 o New First Floor 835 Total First Floor 27775 o Existing Lower Floor 646 New Lower Floor 19306 1,952 Garage 715 o Existing 541 o Propose_ Carport 174 Balcony 158 TOTAL FLOOR AREA 5,600 Three tiers of retaining walls —with a maximum height of four feet per wall —are proposed at the north and west sides of the property to create a 53'-6" rear pad area to comply with the rear setback requirements. A swimming pool and lawn area are proposed within the rear yard. The height of the building is 27 feet, measured from the finished grade to the highest point of the roofline. The existing residence has a front setback of 20 feet, 6 inches, whereas the Development Code requires a 30-foot front setback. By definon, the residence is considered a "nonconforming structure" (DBMC Section 22.68.030). Approval of a Minor Conditional Use Permit is required to allow an expansion of a nonconforming structure if the expansion is greater than 50 percent of the existing square footage of all structures, or if the expansion is not limited to the ground floor. Landscape Plan The applicant is proposing to plant three 24-inch box mulfii-trunk crape myrtle trees, two 24-inch box olive trees and various 5-gallon and 1-gallon shrubs throughout the front yard. Overall, all landscaping will be drought tolerant and non-invasive species to minimize irrigation and reduce the area of turf and sod ground cover planting. The project is required to comply with the City's Water Efficient Landscaping Ordinance, and compliance will be verified during building plan check and final inspections. Development Review and Minor Conditional Use Permit for 2631 Rocky Trail (Planning Case No, PL2021-22) Page 6 of 11 Packet Pg. 163 7.3 The subject property is located within the Los Angeles County Fire Department "High Fire Hazard Severity Zone." Therefore, the proposed landscaping must comply with the Fire Department's Fuel Modification Plan requirements. The landscape plans will be submitted for review and approval by the Fire Department during building plan check. ANALYSIS: Review Authority (Diamond Bar Municipal Code (DBMC) Sections 22.48, 22.56 and 22.38 The proposed project requires two separate, but interrelated, land use approvals: Development Review (DR) and a Minor Conditional Use Permit (MCUP). The analysis that follows provides the basis for staff's recommendation to approve the DR and MCUP applications. Development Review (DBMC Chapter 22.48) Additions which are equal to or greater than 50 percent of the existing habitable floor area of all existing structures on site, or substantially change the appearance of an existing residence require Planning Commission approval of a DR application. Development Review approval is required to ensure compliance with the City's General Plan policies and design guidelines, and to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. As stated in Section 22.48.010 of the Development Code, the Development Review process was established to ensure that new development and additions to existing development are consistent with the General Plan "through the promotion of high functional and aesthetic standards to complement and add to the economic, physical, and social character" of Diamond Bar. Development Review and Minor Conditional Use Permit for 2631 Rocky Trail (Planning Case No. PL2021-22) Page 7 of 11 Packet Pg. 164 7.3 Development Standards: The following table compares the proposed project with the City's development standards for residential development in the RR zone: *Minor Conditional Use Permit is requested to allow the continuation of a nonconforming structure because the addition is greater than 50 percent of the existing home. See MCUP discussion below. Minor Conditional Use Permit (DBMC Chapter 22.56) An MCUP is required if a change or expansion of a nonconforming structure is greater than 50 percent of the existing square footage of all structures on site, or if the addition is not limited to the ground floor. Current development standards require a minimum front setback of 30 feet from the house to the private street easement. The existing residence has a nonconforming front setback of 20 feet to the private street easement. The proposed addition is located at the front and side of the house and does not further encroach into the front setback. The City recognizes that homeowners should be allowed to make appropriate improvements to their properties, and reasonable accommodations should be made to permit additions and alterations to nonconforming structures. The MCUP process is the tool used to consider such accommodations, subject to the findings set forth in the Development Code. MCUPs are normally subject to approval of the City's Hearing Officer (typically the Community Development Director). However, because this MCUP is being reviewed as part of a DR application, both land use entitlements are subject to review and approval of the Planning Commission. Development Review and Minor Conditional Use Permit for 2631 Rocky Trail (Planning Case No. PL2021-22) Page 8 of 11 Packet Pg. 165 7.3 Staff believes that approving the MCUP as described above is appropriate and compatible with other residences in the neighborhood, based on the following facts and observations: • The existing dwelling was built in 1980, prior to the incorporation of the City of Diamond Bar; • The proposed addition complies with the required side and rear setbacks and distances to the adjacent properties, and does not further encroach into the existing nonconforming 20400t, six-inch front setback; and • Neighboring properties have nonconforming front setbacks, so the proposed project will remain consistent with other homes within the neighborhood. Compliance with Hillside Management Ordinance (DBMC Section 22.22) The proposed project was reviewed for compliance with the City's Hillside Management Design Guidelines and regulations. The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code, and incorporates the following features: • The maximum building height is 27 feet, where 35 feet is allowed; • Architectural treatment is provided on all sides of the building with varying setbacks; and • Earthtone building materials and color schemes are used that blend in with the natural landscape. The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code. Compatibility with Neighborhood The existing house is located on an existing leveled building pad but will be extended for larger rear yard improvements. The project is located between two, multi -level homes. The proposed addition will not be intrusive to neighboring homes since the proposed addition will not block existing views from adjacent properties. The adjacent property to the north has views to the west and the adjacent property to the south also has views to the west. Although the applicant is proposing to add 2,141 square feet of living space, the house will be compatible in mass and scale with other existing homes on similar lots in The Country. The existing Neo-Mansard architectural style was primarily used in the 1960s to the 1970s as a means to "dress up" inexpensive flat -roofed residential construction in Development Review and Minor Conditional Use Permit for 2631 Rocky Trail (Planning Case No. PL2021-22) Page 9 of 11 Packet Pg. 166 7.3 an effort to compensate for the lack of redeeming architectural qualities. Today, the Neo-Mansard style is considered dated, and the home in question is a particularly dismal example of a design trend that has largely fallen out of favor. The proposed contemporary Mid -Century design, with a variety of architectural elements, will significantly enhance the home and is far more compatible with the architectural character of the existing homes in The Country. The scale and proportions of the addition are well balanced and appropriate for the site. In sum, the proposed project fits the character of the neighborhood on which it is proposed. • The proposed addition will conform to all development standards, including building height and setbacks (with the exception of the existing nonconforming front setback of 21'-11"), which is consistent with other homes in The Country Estates; • A gradual transition between the project and adjacent uses is achieved through appropriate setbacks, building height, landscaping, and window and door placement; • The proposed addition is appropriate in mass and scale to the site; • Elevations are treated with detailed architectural elements; • Proper screening for ground and roof -mounted equipment is architecturally compatible with the dwelling in terms of materials, color, shape, and size and blends in with the proposed building design; • The exterior finish materials and colors blend with the natural environment; and • Effective landscape design should serve the dual purpose of intrinsically enhancing a project setting, as well as integrating the landscaping into the overall architectural design. Staff finds the proposed plant palette to be diverse, and the plant selections are compatible with Southern California native landscapes. Additional Review The Public Works Department and Building and Safety Division reviewed this project, and their comments are included in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On October 25, 2021, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site, and the notice was published in the San Gabriel Valley Tribune newspaper on October 29, 2021. A notice display board was posted at the site, and a copy of the notice was posted at the City's four designated community posting sites. Development Review and Minor Conditional Use Permit for 2631 Rocky Trail (Planning Case No. PL2021-22) Page 10 of 11 Packet Pg. 167 7.3 Public Comments Received No comments have been received as of the publication date of this report. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(e) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: Planner 11/9/202 REVIEWED BY: Attachments: A. Draft Resolution No. 2021-XX and Standard Conditions of Approval B. Site Plan, Floor Plans, Elevations, Landscape Plans and Conceptual Grading Plans C. Color and Material Board Development Review and Minor Conditional Use Permit for 2631 Rocky Trail (Planning Case No. PL2021-22) Page 11 of 11 Packet Pg. 168 7.3.a PLANNING COMMISSION RESOLUTION NO. 2021-XX 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 2014' front setback (where 30 feet is required). Hereinafter in this Resolution, the subject Development Review and Minor Cononal 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. Packet Pg. 169 7.3.a C. 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. 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 applicable elements of the City's General Plan, City Design development standards of the applicable district, design architectural criteria for special areas (e.g., theme areas, community plans, boulevards or planned developments). uidelines, G guidelines, and the and specific plans, The design of the Project is consistent with the applicable elements of the City's General Plan, City Design Guidelines and development standards. The City's General Plan Policy LU-P-56 requires that development on privately -owned, residentially designated land in hillside areas shall be compatible with the surrounding natural areas promoting design principles such as minimizing grading, preserving existing vistas, incorporate site and architectural design that is sensitive to the hillsides, and require fuel modification. 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 DRIMCUP PL20 packet Pg. 170 7.3.a 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 UP 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-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 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 DRIMCUP PL20 packet Pg. 171 7.3.a 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. Before the issuance of any City permits the proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments requirements. Through the permit and inspection process, the referenced agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303(e) (additions to existing structures) of the CEQA Guidelines. Minor Conditional Use Permit Findings (DBMC Section 22.56.040) 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 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 DR/MCUP PL20 packet Pg. 172 7.3.a encroach into the existing nonconforming 2045 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 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 DR/MCUP PL20 packet Pg. 173 7.3.a 2. Inconsistent with the general plan or any applicable specific plan. The proposed addition to a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. 3. A restriction to the eventual/future compliance with the applicable regulations of this Development Code. The existing and proposed land use is consistent with the surrounding land uses with similar 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 Al 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: 1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing. 2. Prior to building permit issuance, the required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan Guidelines in terms of plant selection, placement and maintenance. The final landscape and fuel modification plans shall be submitted to the Los Angeles Fire Department for review and approval. 3. Prior to building permit issuance, a Certification of Design, together with landscape and irrigation plans prepared by a licensed landscape architect, shall be submitted to the Planning Division for review and approval by the City 's Consulting Landscape Architect. Landscape and irrigation plans shall comply with the updated Water Efficient Landscaping Ordinance. 4. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. Ej DRIMCUP PL20 packet Pg. 174 7.3.a The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certed 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, 2nd 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: 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: NOES: ABSENT: ABSTAIN ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: Greg Gubman, Secretary 7 DR/MCUP PL20 packet Pg. 175 7.3.a COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS 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 existing ,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 existing nonconforming structure with a 20'-6" front setback (where 30 feet is required). PROPERTY OWNER: Katy Liu, 2631 Rocky Trail Road, Diamond Bar, CA 91765 APPLICANT: Kenneth Pang, Creative Design Associates, 17528 Rowland Heights, 2"d Floor, City of Industry, CA 91748 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 1. The applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set -aside, void or annul, the approval of Development Review, 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: 0 DRIMCUP PL20 packet Pg. 176 7.3.a (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-XX, 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 conons 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 DR/MCUP PL20 Packet Pg. 177 7.3.a C. 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, Bung 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. 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. TIME LIMITS 1. 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 1. 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. WE DR/MCUP PL20 packet Pg. 178 7.3.a 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 DRIMCUP PL20 packet Pg. 179 7.3.a 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 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. 12 DR/MCUP PL20 packet Pg. 180 7.3.a II. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839=7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. 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. 2. Finished slopes shall conform to City Code Section 22.22.080-Grading. 13 DRIMCUP PL20 packet Pg. 181 7.3.a 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 6400t4gh chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. The maximum grade of driveways serving building pad areas shall be 15 percent. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer, 8. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 9. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 10. A pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 11. Rough grade certifications by project soils and civil engineers and the as -graded geotechnical report shall be submitted for review and approval prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 12. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE 1. Detailed drainage system informafiion 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 DRIMCUP PL20 Packet Pg. 182 7.3.a 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) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Conditions: 1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (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 DR/MCUP PL20 Packet Pg. 183 7.3.a 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 DR/MCUP PL20 packet Pg. 184 7.3.a 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 4.106.4. 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 d istrict. 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. SCAQMD 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 DR/MCUP PL20 packet Pg. 185 7.3.a 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 in an 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 DR/MCUP PL20 packet Pg. 186 7.3.a 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 %J 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. 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Q O U U E N C C O > - - U a) C C '- O O O a) a) L C U C U_ () (6 O c �) a) Q C O ) T > LU d z z ] z Q CD LO 0 rn LO N c') 1 co NT J a)C) d N J O LL J Of T 'E U m 0 N _ O O O d C n C m o a) C) C O 0 U) C N N a "O ct� O U t� O Y (Y O E m— C C) m E ca 0 .� E c w ~' O a) f J c a) �c MT —O M — N m aa a3 i a z z u, Z)o 0cl V �.o� O 'O N C L Z O r) a) rn 'a •N a) j uj d Nz N¢ a) Nz m iL CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR ) I, Stella Marquez, Administrative Coordinator for the City of Diamond Bar, CA, declare as follows: I hereby certify, under penalty of perjury under the laws of the State of California that on November 4, 2021, 1 posted the November 9, 2021, Planning Commission Agenda, pursuant to Government Code Section 54950 et.seq. at the following locations: Diamond Bar City Hall, 21810 Copley Drive SCAQMD/Government Center, 21865 Copley Drive Heritage Park, 2900 Brea Canyon Road City website: www.diamondbarca.gov Due to COVID-19 closures, the agenda could not be posted at the following regular posting locations: Diamond Bar Library Executed on November 4, 2021, at Diamond Bar, California. �CU Stella arquez Community Development Dept. g:\\s\affi davi tposti ng.doc