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HomeMy WebLinkAboutPC 2013-21PLANNING COMMISSION RESOLUTION NO. 2013-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND .i- CALIFORNIA, APPROVING DEVELOPMENTREVIEW AND i. NCE • 1 • • TO CONSTRUCT CONSISTING OF 16SQUAREFEET OF Pi i'°1 1,000 SQUARE FEET OF GARAGE ANDA VARIANCE TO i • •DRIVEWAYS THE FRONT YARD ON A 5.57 - • ACRE •• • LOCATED AT 1 RUSTY PUMP ROAD, i • BAR, - i 91765 (APN 8713-034-017). A. RECITALS 1. The property owners, Sandeep and Anju Shah, and applicant, Rick Dirksen, have filed an application for Development Review and Variance No. PL2012-399 to construct a new single-family residence consisting of a 3,193 square -foot first story (ground level); 3,358 square -foot mid level; 1,512 square -foot basement floor; and 1,000 square feet of garage space, and a Variance application to allow two driveways in the front yard, located at 2205 Rusty Pump Road, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this resolution, the subject Development Review shall collectively be referred to as the "Project." 2. The subject property is made up of one parcel totaling 242,628 square feet (5.57 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 43 of Tract 23483. The Assessor's Parcel Number is 8713-034-017. 4. On September 13, 2013, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 1,000 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on September 13, 2013. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 5. On September 24, 2013, 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; 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. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.48, 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 8,063 square -foot single-family residence and 1,000 square feet of garage space is consistent with the City's General Plan, City Design Guidelines and development standards by meeting all of the setbacks and requirements of the City's development code. The house incorporates various details such as sand finish stucco, low pitched roof lines, and appropriate massing to meet the intent of the City's Design Guidelines. In addition, appropriate screening and integration of the home to the natural environment is accomplished by providing a variety of groundcover, shrubs, and trees throughout the site. 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 residence will not interfere with the use and enjoyment of neighboring existing or future developments because the use of the project site is designed for a single-family home and the surrounding uses are also single-family homes. The proposed single-family home 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 grades. 2 PC Resolution No, 2013-21 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 subject property is located within the Diamond Bar Country Estates ("The Country'). The new single-family home is designed to be compatible with the character of the eclectic neighborhoods in The Country. The design is modem with influences from Prairie architecture, including features such as low pitched hipped roof, large grouped windows, and integration with the natural landscape. In addition, complementary wall materials are used to distinguish breaks in plane and add articulation to maintain and enhance the harmonious development in the neighborhood. 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 design of the new single-family home is modem with influences from Prairie architecture. Variation in the building elements has been achieved through the utilization of attractive architectural features, building materials, and landscaping. 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 streetscape in order to maintain a desirable environment. 5. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments requirements. Through the permit and inspection process, the referenced agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6, The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303 (a) (Construction of a New Single Family Residence) of the CEQA guidelines. 3 PC Resolution No, 2013-21 Variance Findings (DBMC Section 22.54.040) 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non -self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; Approval of the Variance is appropriate due to special circumstances applicable to the property, based on the following facts and observations: A. Need for a Four -Car Garage — The Country is characterized by very large estate homes with multiple bedrooms, and sometimes with servants' quarters. For homes of this size, additional garage space, beyond the minimum two -car requirement in the Development Code, is appropriate and necessary. In light of these factors, it would not be appropriate or advisable to require a reduction in square footage or in the number of garaged parking spaces. B. Curvature of the Property Frontage — A portion of the Rusty Pump Road cul- de-sac bulb cuts into the subject property frontage, creating an irregular front setback line. Moreover, as a lot at the end of a cul-de-sac, the subject property is wedge shaped with the side lot lines splayed out at a 50 -degree angle. A circular driveway typically features parallel driveway approaches and maneuverable turning radii. With the subject property, the two driveway approaches radiate outward, following the curvatures of the roadway frontage. The acuteness of the angle between the side property lines, together with the building being set close to the minimum setback line due to site topography (discussed below) creates a constricted front yard area in which to provide the necessary driveway space. The result of these geometric constraints is that there is no space in which to construct a circular drive with a wide enough arc or turning radii to be functional. As a result, the more feasible solution is to provide a dedicated driveway for each garage. C. Irregular Topography — The subject property has a 37.5% average natural descending slope and irregular topography. The substantially steep slope of the property starts within the private street easement towards the front of the property. General Plan Objective 1.2, Strategy 1.2.3 (c) requires existing residential areas to be preserved and maintained by "minimizing grading to retain natural vegetation and topography." If the site is designed with the building farther away from the street, in order to accommodate a circular driveway, the project would require more grading than what is currently proposed. There would be more manufactured slopes with retaining walls in order to shift the terraced building pads rearward. Moreover, since there is 4 PC Resolution No, 2013-21 a Flood Hazard easement traversing the center of the lot, taller retaining walls may be necessary to avoid encroaching into the easement (the Development Code limits the exposed heights of terraced retaining walls to four feet). As proposed, even with the terracing of the building pads, a substantial amount of soil import is needed to create a buildable site. Finally, extending the limits of grading farther toward the rear of the property would require the removal of protected trees and habitat; currently, no protected trees are in jeopardy, and only limited, non -jurisdictional habitat is proposed to be removed to accommodate the proposed development. In light of these factors, it is not reasonable or feasible to increase the front -setback to accommodate a circular driveway. D. Aesthetics — As discussed in Variance Finding 1.A., four garaged parking spaces are warranted for this project. The architect's design solution to this challenge is to split these spaces into two separate garages and to place them on the opposite sides of the house. While there are other ways to provide four garaged spaces that would avoid the need.for two driveways, they are fraught with undesirable consequences. One design alternative is to provide a tandem garage. However, due to the steeply descending slope on the subject property, the proposed house has been designed within a fairly compact and shallow footprint to minimize encroachment into the slope. The floor plan is efficiently laid out with the utilitarian components, such as the staircases and elevator (and garage spaces) placed on the sides of the house so that usable living space can be more centralized and contiguous. Introducing tandem parking spaces would require the relocation of at least one stairway, and disrupt both the efficiency of the layout, and the contiguity of the usable living areas. Another alternative is to consolidate the garage spaces into a four -car, non - tandem garage. Because of shape and topography of the subject property, the four -car garage would have to be front -loaded (i.e. facing the street). Given the narrowness of the street frontage, such a design would result in a garage -dominated facade, and thereby diminish the aesthetics of the property as viewed from the street. Although the City's Development Code and Design Guidelines do not expressly discourage designs with garage - dominated facades, it has been the past practice of the City to avoid garage - dominated architecture during the residential design review process. Taking all of the above factors into account, providing access to the garages via two separated driveways is an appropriate design solution given the circumstances particular to the subject property. 2. Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought; By granting the variance, the property owner of the subject property will be able to preserve and enjoy the same property rights possessed by other property 5 PC Resolution No. 2013-21 owners in the same vicinity and zoning district by allowing the property owner to construct a garage that complies with The Country Estate's garage requirements. 3. Granting the variance is consistent with the general plan and any applicable specific plan; The variance is consistent with General Plan Objective 1.2, Strategy 1.2.3 (c) which states that it shall be City policy to "maintain residential areas which protect natural resources, hillsides, and scenic areas" by "minimizing grading to retain natural vegetation and topography." If the site is designed to be farther away from the front property, the project would require more grading than what is proposed in order to create a larger building pad with more manufactured slopes and retaining walls. The site is not located within a specific plan area. 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and If the variance is approved, the construction and grading of the driveways and associated retaining walls would be subject to review and approval by the Public Works/Engineering Department and the Building and Safety Division. 5. The proposed entitlement 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 (a) (Construction of a New Single Family Residence) of the CEQA guidelines. 6. The approval of the variance is subject to such conditions as will assure that it does riot constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated. The City's Rural Residential (RR) zone is confined to, and is comprised entirely, properties within the guard -gated boundaries of The Country. As stated in Variance Finding I.A., development within The Country is characterized by estate properties with large homes (frequently exceeding the size of the home proposed in conjunction with this variance request), and these homes typically have gar -age space to accommodate four or more vehicles. The granting of this variance request serves merely as a reasonable accommodation to allow the subject property ---given its site-specific physical constraints—to be developed with improvements that are consistent with existing homes within The Country/RR zoning district. The granting of the variance will not exempt the subject property from any zoning regulations that limit the use and enjoyment of other properties in the The Country/RR zoning district. 6 PC Resolution No. 2013-21 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, landscape and irrigation plans shall be reviewed and approved by the City's Consulting Landscape Architect and shall comply with the Water Conservation Landscaping Ordinance. 4. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the property owners, Sandeep and Anju Shah, 6397 Rhodes Lane, Riverside, CA 92506; and applicant, Rick Dirksen, 9461 Hughes Drive, Corona, CA 92883. APPROVED AND ADOPTED THIS 24th DAY OF SEPTEMBER 2013, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: 1, 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 24th day of September, 2013, by the following vote: AYES: Commissioners: Dhingra, Lin, Shah, VC/Farago, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST:- \1 Z4A2�'_ Greg Gubman, ecretary 7 DR / VAR NO. PL2012-399 ................ ....... COMMUNITY DEVELOPMENT DEPARTMENT ........... K1_ Q& USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW ANI REMODELED STRUCTURES PROJECT #: Development Review and Variance No. PL 2012-399 SUBJECT: To construct a new single family residence consisting of 8,063 square feet of living space and 1,000 square feet of garage space; and Variance to allow two driveways in the front yard. PROPERTY Sandeep and Anju Shah OWNER(S): 6397 Rhodes Lane Riverside, CA 92506 APPLICANT: Rick Dirksen 9461 Hughes Drive Corona, CA 92883 LOCATION: 2205 Rusty Pump 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: 11111NANNNy In accordance with Government Code Section 66474.9(b)(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 and Variance No. PL2012-399 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: 8 DR I VAR NO. PL2012-399 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the city its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review and Variance No. PL2012-399, 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. 2013-21, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning 'Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all 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 property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 9 PC Resolution No. 2013-21 C. 11. The applicant shall comply with the requirernents of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 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 Variance No. PL2012-399 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). The applicant may request in writing a one year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. 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, collectively attached referenced as site plans, floor plans, architectural elevations, and landscape plans on file with the Planning Division, the conditions contained herein, and the Development Code regulations. 2. 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. 3. All roof -mounted equipment shall be screened from public view. 4. 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. 5. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. 10 PC Resolution No. 2013-21 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 insure 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. 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. 2. All development shall be constructed with adequate water supply and pressure for all proposed development in compliance with standards established by the fire marshal. 3. 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 11 PC Resolution No. 2013-21 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. 4. Fuel modification areas shall incorporate soil erosion and sediment control rneasures to alleviate permanent scarring and accelerated erosion. 5. 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. 6. Special construction features may be required in the design of structures where site investigations confirm potential geologic hazards. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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. The applicant shall comply with the newly adopted 2012 MS4 Permit requirements to the satisfaction of the City Engineer. 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. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the Public Works/Engineering Department. 12 PC Resolution No. 2013-21 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading, 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. 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, civil engineer, geotechnical engineer 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 concurrently with the grading permit. 13 PC Resolution No, 2013-21 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. � 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 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. Underground utilities shall riot be constructed within the drip line of any mature tree except as approved by a registered arborist. E. SEWERS/SEPTIC TANK 1. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City Building and Safety Division. Connection permits to the sewer mainline shall be obtained from the Public Works Department. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2010 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code if obtained prior to 2014, the 2013 if obtained on or after January 1, 2014) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Provisions for Cal Green shall be implemented onto plans and certification 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. 3. Fire sprinklers are required for new single family dwellings (CRC R313.2). 4. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 14 PC Resolution No. 2013-21 5. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit or work has discontinued and not been signed -off on the job card by the building inspector. 6. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday — Saturday between the hours of 7:00 a.m. and 7:00 p.m. 7. The project shall be protected by a construction fence to the satisfaction of the Building Official. 8. 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, 9. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 10. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8,16 of Title 8. 11. The minimum design load for wind in this area is 85 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. 12. 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). 13. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(0). 14. Only one single family dwelling per CBC 202 is allowed on this property unless specifically approved otherwise. 15. All site areas occurring at walking surfaces (including top tiers of retaining walls) that have a drop of over 30" shall be provided with a guardrail per CBC 1013 and a handrail is required at all steps/stairs with 4 or more risers and shall meet CBC 1012. 16. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 17. "Separate permits are required for pool, spa, sport court, fountains, outdoor kitchen, outdoor fireplace, retaining walls, and fences over 6' in height" and shall be noted on plans. 15 PC Resolution No. 2013-21 18, A height and setback survey may be required at completion of framing and foundations respectively. 19. Prior to Building permit issuance, all school district fees must be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 20. All balconies shall be designed for 601b. live load. 21. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 22. Indicate all easements on the site plan. 23. 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 rneet of 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 rnesh 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. No 2x members allowed unless they meet heavy - timber requirements. cl. Exterior construction shall be one-hour or non-corTibustible. e. Fuel modification plans shall be approved through LA County Fire Fuel Modification Unit. 24. All retaining walls shall be submitted to the Building and Safety and Public Work Departments for review and approval. 25. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 26. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 27. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 28. Specify location of tempered glass as required by code. 29. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 16 PC Resolution No, 2013-21 30, Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 31. Bodies of water that are greater than 18" in depth shall have the required barriers to prevent unintentional access per CBC 3904.4. 32. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 31 A soils report is required and all recommendations of the soils report shall be adhered to. 34. Slope setbacks consistent with California Building Code Figure 1805.3.1 and California Residential Code R403.1.7. Foundations shall provide a minimum distance to daylight. 35. 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.digaled.org. 36. The location of property lines and building pad may require a survey. 37. AQMD notification is required at least 10 days prior to any demolition. 38. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. 39. Any changes to approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 40. Carbon monoxide detectors are required in halls leading to sleeping rooms per CRC R315. 41. All retaining walls shall be designed for surcharges from adjacent walls including sliding/passive resistance pressures from adjacent walls. 42. Any underfloor space not designated on plans as usable space shall not be modified to habitable space unless with proper plans, approvals, and permits from the Community Development Department. 43. Shafts shall be rated one-hour and openings protected including the elevator shaft. 44. The storage room on the mid-level between the master closet and office adjacent the game room shall be maintained as non -habitable unless a separate permit is obtained to modify to habitable space. 17 PC Resolution No. 2013-21 45. All sleeping rooms shall have a door or window to afford emergency egress per CRC R310. Where below grade, the window wells shall comply with CRC R310.2. 46. Sump pump design shall be done by a registered professional engineer or equivalent with appropriate calculations and pump design. 47. Retaining wall sliding/passive resistance surcharges shall be addressed in the retaining wall structural design or by the soils engineer. MUD 18 PC Resolution No, 2013-21