HomeMy WebLinkAboutPC 2024-02PLANNING COMMISSION
RESOLUTION NO. 2024=02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2023-53 TO
DEMOLISH AN EXISTING RESIDENCE AND CONSTRUCT A NEW
4,662 SQUARE -FOOT, TWO-STORY, SINGLE-FAMILY RESIDENCE WITH A
726 SQUARE -FOOT ATTACHED GARAGE, 263 SQUARE FEET OF BALCONY
AREA, 1,000 SQUARE -FOOT ACCESSORY DWELLING UNIT WITH A
60 SQUARE -FOOT PORCH, SWIMMING POOL AND REAR YARD
IMPROVEMENTS ON A 1.3 GROSS ACRE (58,370 GROSS SQUARE -FOOT)
LOT LOCATED AT 2330 INDIAN CREEK ROAD, DIAMOND BAR, CA 91765
(APN 8713-037-001I). A TREE PERMIT IS ALSO REQUESTED TO REMOVE
THREE PROTECTED CALIFORNIA BLACK WALNUT TREES AND REPLACE
WITH NINE COAST LIVE OAK TREES ON SITE.
A. RECITALS
1. The property owners, Joy Pingwei Pan and Jianmei Wang, and applicant,
Michael Wang, have filed an application for Development Review and Tree
Permit No. PL2023-53 for a property located at 2330 Indian Creek Road,
Diamond Bar, County of Los Angeles, California.
2. The following approvals are requested from the Planning Commission:
(a) Development Review to demolish an existing residence and construct
a new 4,662 square -foot, two-story, single-family residence with a
726 square -foot attached garage, 263 square feet of balcony area,
1,000 square -foot accessory dwelling unit (ADU) with 60 square -foot
porch, swimming pool and rear yard improvements.
(b) Tree Permit to remove three protected California black walnut trees and
replace with nine coast live oak trees on site.
Hereinafter in this Resolution, the subject Development Review and Tree
Permit shall be referred to as the "Proposed Project."
3. The subject property is made up of one parcel totaling 58,370 gross square
feet (1.3 gross acres). It is located in the Rural Residential (RR) zone with an
underlying General Plan land use designation of Rural Residential,
4. The legal description of the subject property is Lot 70 of Tract No. 23483, and
the Assessor's Parcel Number (APN) is 8713-037-001.
5. On February 2, 2024, public hearing notices were mailed to property owners
within a 1,000-foot radius of the Project site. The notice was submitted to the
San Gabriel Valley Tribune newspaper for publication on February 2, 2024.
Also, public notices were posted at the project site and the City designated
community posting sites.
6. On February 13, 2024, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct; and
2. The Planning Commission hereby determines the Project to be Categorically
Exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to the provisions of Article 19 Section 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 City Code (DBCC) Sections 22.48 and 22.38, this Planning Commission
hereby finds as follows:
Development Review Findings (DBCC Section 22.48.040)
The design and layout of the proposed development is consistent with the
applicable elements of the City's General an, City Design Guidelines, and
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments):
The design of the Project is consistent with the applicable elements of the
City's General Plan, City Design Guidelines and development standards. The
City's General Plan Policy LU-P-56 requires that development on privately -
owned, residentially designated land in hillside areas shall be compatible with
the surrounding natural areas promoting design principles such as minimizing
grading, preserving existing vistas, incorporate site and architectural design
that is sensitive to the hillsides, and require fuel modification. To minimize
grading, the new residence is proposed on an existing buildable pad which will
be expanded to comply with the minimum rear yard setback. All exposed
portions of retaining walls will have a decorative finish, with the use of split -
faced block or painted stucco to match the house as to not detract from the
hillside. The Project will also be required to implement fuel modification.
2
A gradual transition between the project and adjacent uses is achieved
through appropriate setbacks, building height, and window and door
placement. Additionally, the design includes balcony/patio areas throughout
the two levels of the home. All elevations are architecturally treated and
strongly articulated through projections along the visible fagade [City's Design
Guidelines B. Architecture (3)].
The Project complies with all development standards of Lite Rural Residential
zoning district by complying with all development standards such as required
setbacks, building height, and lot coverage. The project site is not part of any
theme area, specific plan, community plan, boulevard or planned
development.
2. The design and layout of the proposed development will not interfere with the
use and enjoyment of neighboring existing or future developments, and will
not create traffic or pedestrian hazards;
The proposed single-family house 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 new house will not be intrusive to neighboring homes
since the proposed house will not block existing views from adjacent
properties. The property to the west will continue to have views from the rear
yard to the south. The property to the south will continue to have views to the
southwest. The property across the street to the north will continue to have
views to the north.
The proposed single-family house will not interfere with vehicularorpedestrian
movements, such as access or other functional requirements Ora 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 residence are well balanced and
appropriate for the 1.3 gross -acre site. The modern 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 a modern design introducing a coordinated palette
of new exterior finish materials, roof lines, and architectural projections. The
project is designed to have a variety of elements to reflect the architectural
style, including the following design features: flat roof, dark -colored shiplap
siding, aluminum windows with black trim, sliding glass patio doors and glass
railings, wood screen and a sectional wood garage door in a cedar finish.
Through the use of a simple color scheme and quality materials that have
texture and color, the proposed residence will not be intrusive to neighboring
homes. Also, landscaping is integrated into the site to complement the
massing of the house and blend in with neighboring homes and the natural
environment of the site in order to maintain a desirable environment. The scale
and proportions of the proposed home are well balanced and appropriate for
the site.
5. The proposed development will not be detrimental to public health, safety or
welfare or materially injurious (e.g., negative effect on property values or
resale(s) of property) to the properties or improvements in the vicinity; and
Before the issuance of any City permits, the proposed project is required to
cVI ply with all conons within the approved resolution, and the Bung 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.
Tree Permit Finding (DBCC Section 22.38.1101
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
DBCC Section 22.38.130 (Tree replacement/relocation standards) below.
The applicant submitted a tree report prepared by a licensed arbonst (Trees
and Design) dated December 11, 2023. There are seven California black
walnut trees that are considered protected with a DBH that ranges between 12
and 39 inches, Four protected trees will remain on the property with the
exception of three that are in fair condition. The arborist recommended
removal of these trees as it will impact grading activities. Protected trees will
be replaced at a 3:1 ratio with nine coast live oak trees, which is the required
amount of mitigation trees to be planted. Due to the scarcity of California black
walnuts in local inventories, it is recommended that coast live oak trees be
used as mitigation trees. Therefore, nine 5-gallon coast live oak trees will be
planted towards the rear of the property. The arborist recommends that
mitigation trees are planted at five gallon each, due to the quantity and the
survivability of smaller container stock of native species. The planting of nine
new protected species will provide sufficient replacement of the natural
landscape.
Trees to remain will be retained and protected in place with protective, chain -
link fencing to be installed prior to construction activities. These protective
measures are included as conditions below.
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. Prior to the issuance of a demolition, grading or building permit, the protected
trees shall be barricaded by chain link fencing with a minimum height of five
5
feet, or by another protective barrier approved by the Community Development
Director or designee. Chain link fencing shall be supported by vertical posts at
a maximum of ten -foot intervals to keep the fencing upright and in place.
Barriers shall be placed at least five (5) feet from the drip line of the trees. A
sign posted on the fencing which states "Warning: Tree Protection Zone" and
stating the requirements of all workers in the protection zone. Throughout the
course of construction, the tree protection fencing shall be maintained and the
site shall be maintained and cleaned at all times. No construction staging or
disposal of construction materials or byproducts, including but not limited to
paint, plaster, or chemical solutions is allowed in the tree protection zone. The
fencing plan shall be shown on the grading plan and other applicable
construction documents and the Applicant, Owner or construction manager
shall contact the Planning Division to conduct a site visit prior to
commencement of any work to ensure this condition is met.
5. All work conducted close to the protected zone of the protected oak trees shall
be performed within the presence of a qualified arborist. A 48-hour notice shall
be provided to the arborist and the Planning Division prior to the planned start
of work.
6. Replacement trees shall be planted on site and shall be subject to a minimum
of three years of maintenance and monitoring to ensure their successful
establishment. Any trees lost or observed to be in poor or declining health
within the three-year establishment period shall be replaced at a minimum ratio
of 1:1 (non -protected trees) and 3:1 (protected trees). After all trees have been
established, all temporary irrigation systems (i.e., those outside of project
landscaping and Fuel Modification Zones) shall be removed.
7. Landscaping within Fuel Modification Zones shall be limited to locally native
plant species.
8. Prior to final inspection, the Applicant, Owner or construction manager shall
contact the Planning Division to verify that replacement trees are planted only
during winter months between November and March to take advantage of the
natural rain season. If construction is completed between April and October, a
refundable landscape deposit in the amount of $5,000 shall be submitted to
the Planning Division to ensure replacement trees are planted the following
winter.
9. During the summer and fall months, trees shall be irrigated to mimic natural
rainfall patterns. One irrigation cycle shall be used long enough to thoroughly
soak the root zones down to 36 inches below grade. The contractor shall not
over water and shall space waterings weekly, or until the root zone is allowed
to dry out. A soil probe shall be used prior to irrigation cycles to verify the root
zone is properly dried out.
10. On the landscape plans submitted during plan check, replace the jacaranda
trees with anon -invasive species.
0
11. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
aI Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to
the property owners, Joy Pingwei Pan and Jianmei Wang,
2375 Vineyard Street, Upland, CA 91786 and applicant, Michael Wang,
2636 Corralitas Drive, Los Angeles, CA 90039,
APPROVED AND ADOPTED THIS 13TH DAY OF FEBRUARY 2024, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By. rift .. `'/ �f
William Rawlings, Chair erson
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 13th day of February 2024, by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST:
Greg Gubman, ecretary
Garg, VC/Torres, Chair/Rawlings
None
Woife
Barlas
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #:
SUt3JECT:
PROPERTY
OWNERS:
APPLICANT:
LOCATION:
Development Review and Tree Permit No. PL2023-53
To demolish an existing residence and construct a new 4.662
walnut trees and replace with nine (9) coast live oak trees on site.
Joy Pingwei Pan and Jianmei Wang. 2375 Vineyard Strut,
Upland, CA 91786
Michael Wang, 2636 Corralitas Drive, Los Angeles, CA 90039
2330 Indian Creek Road. Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
The applicant shall defend, indemnify, and hold harmless the City, and
its officers, agents and employees, from any claim, action, or
proceeding to attack, set -aside, void or annul, the approval of
Development Review and Tree Permit No. PL2023-53 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:
(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.
f3
PC RE50 2024-02
(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 Tree Permit
No. PL2023-53, 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.2024-02,
Standard Conditions, and all conditions of approval shall be included on
the plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be
wet sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with
the conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of
the Development Code, all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape/irrigation, and roof plans, and elevation
plans shall be coordinated for consistency prior to issuance of City
permits (such as grading, tree removal, encroachment, building, etc.,)
or approved use has commenced, whichever comes first.
10. The hours during which construction activities causing the operation of
any tools or equipment used in construction, drilling, repair, alteration,
g PC ftESO 202402
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 City Code or applicable state or federal
law.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, and Public Works Department)
at the established rates, prior to issuance of building or grading permit
(whichever comes first), as required by the City. School fees as required
shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and
processing fees prior to issuance of grading or building permit,
whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
The approval of Development Review and Tree Permit No. PL2023-53
expires within two years from the date of approval if the use has
not been exercised as defined per Diamond Bar City
Code (DBCC) Section 22.66.050 (b)(1). In accordance with DBCC
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.
1 0 PC RE50 2024-02
D. SITE DEVELOPMENT
1. This approval is to demolish an existing residence and construct a new
4,662 square -foot, two-story, single-family residence with a 726 square -
foot attached garage, 263 square feet of balcony area, 1,000 square -
foot accessory dwelling unit (ADU) with 60 square -foot porch,
swimming pool and rear yard improvements at 2330 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 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.
11 PC RESO 2024-02
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.
All roof -mounted equipment shall be screened from public view
All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the
property owners/occupant.
10. All landscaping, structures, architectural features and public
improvements damaged during construction shall be repaired or
replaced upon project completion.
E. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement approved herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction shall be done only
by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection,
transportation, and disposal of solid waste from residential, commercial,
construction, and industrial areas within the City. It shall be the
applicant's obligation to ensure that the waste contractor used has
obtained permits from the City of Diamond Bar to provide such services.
Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval
of this project.
F. FIRE PROTECTION STANDARDS
Development shall be constructed to reduce the potential for spread of
brushfireI
(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.
2 PC RESO 2024-02
(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.
11. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839-70401 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. Prior to issuance of a grading permit, the applicant shall submit an Erosion
Control Plan concurrently with the grading plan to the Public Works
Department for review and approval. The Erosion Control Plan shall clearly
detail erosion control measures that will 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, A Storm Water Pollution Prevention Plan (SWPPP) will be
required for construction activity which disturbs one acre or greater of soil.
2. Per NPDES Permit (CAS004004) for MS4 Discharges within the Coastal
Watershed of Los Angeles County (Order No. R4-2021-0105), a new single-
family hillside home development project shall include mitigation measures to:
(i) Conserve natural areas;
) 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
13 PC RESO 2024-02
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
Prior to issuance of a grading permit, the applicant shall Quill a geotechnical
report concurrently with the grading plan to the Public Works Department for
review and approval. The geotechnical report shall be prepared by a
Geotechnical Engineer, licensed by the State of California.
2. Prior to issuance of a grading permit, the applicant shall submit drainage and
grading plans to the Public Works Department for review and approval.
Drainage and grading plans shall be prepared by a Civil Engineer, licensed by
the State of California and in accordance with the City's requirements. 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 Diamond Bar 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.
All equipment staging areas shall be located on the project site. Staging area,
including material stockpile and equipment storage area, shall be enclosed
within a 6-foot-high chain link fence. All access points in the defense shall be
locked whenever the construction site is not supervised.
7. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
8. The maximum grade of driveways serving building pad areas shall be
15 percent. Driveways with a slope of 15 percent shall incorporate grooves for
traction into the construction as required by the City Engineer.
9. All slopes
shall be
seeded per landscape plan
and/or fuel modification plan
with native
grasses
or planted with ground cover,
shrubs, and trees for erosion
14 PC RESO 2024-02
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.
10. Prior to issuance of a grading permit, the applicant shall submit a stockpile
plan to the Public Works Department for review and approval. Stockpile plan
shall show the proposed location for stockpile for grading export materials, and
the route of transport.
11. Prior to issuance of a grading permit, the applicant shall submit non-
interference letters for all interfering on -site easements from affected
owner/utility company.
12. Prior to issuance of a grading permit, the applicant shall submit an approval
letter from the Homeowner's Association for all proposed work within the
private streets of Indian Creek Rd and Clear Creek Ln.
13. Prior to commencement of grading operations, 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 work commencing.
14. Prior to issuance of building permits for the foundation of the residential
structure, the applicant shall submit rough grade certifications by project soils
and civil engineers and the as -graded geotechnical report to the Public Works
Department for review and approval. Retaining wall permits may be issued
without a rough grade certificate.
15. Prior to issuance of any project final inspections/certificate of occupancy, the
applicant shall submit final grade certifications by project soils and civil
engineers to the Public Works Department.
C. DRAINAGE
Prior to issuance of a grading permit, the applicant shall submit a detailed
drainage system information of the lot with careful attention to any flood hazard
area to the Public Works Department. 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.
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 County Public Works
Department,
15 PC RESO 2024-02
D. UTILITIES
1. Prior to issuance of a grading permit, easements for public utility and public
service purposes shall be offered and shown on a detailed site plan for
dedication to the City or affected utility company. Legal description, plat and
plans shall be to the satisfaction the City Engineer and the utility companies.
2. Prior to issuance of a grading permit, the applicant shall submit Will Serve
Letters to the Public Works Department, stating that adequate facilities are or
will be available to serve the proposed project from all utilities such as, but not
limited to, phone, gas, water, electric, and cable.
3. Prior to issuance of any project final inspections/certificate of occupancy, the
applicant shall relocate and underground any existing on -site utilities to the
satisfaction of the City Engineer and the respective utility owner.
4. Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-70209 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
1. Plans and construction shall conform to current State and Local Building Code
(i.e., 2022 California Building Code series will apply) requirements and all
other applicable construction codes, ordinances and regulations in effect at
the time of permit issuance.
2. Implementation of the CAL Green Code shall be reflected on the plans, and
certification shall be 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.
Plan Check —Items to be addressed prior to plan approval:
3. 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.
4. 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).
5. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required
per California Energy Code 150(0).
16 PC RESO 2024-02
6. Public Works/Engineering Department is required to review and approve
grading plans that clearly show all finish elevations, drainage, and retaining
wall(s) locations. These plans shall be consistent with the site plan submitted
to the Building and Safety Division,
7- The following statement shall be included on the plans: "Separate permits are
required for pool, spa, fire pit, ADU, an retaining walls."
8. 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 140.6 to 140.9.
9. Rooftop solar installations shall be provided in accordance with CA Energy
Code 140.10.
10. New gas appliances shall be designed to be electric ready per CA Energy
Code 150.0(t) to (v).
11. Design for future energy storage system shall be provided including
225 busbar rating of panel per CA Energy Code 150.0(s).
12. 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,
13. All easements shall be shown on the site plan.
14. 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.
15. All retaining walls shall be separately submitted to the Building and Safety and
Public Works/Engineering Departments for review and approval.
17 PC RESO 2024-02
16. A soils report is required per CBC 1803 and all recommendations of the soils
report shall be adhered to.
17. 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.
18. Bicycle parking shall be provided as per CAL Green 5.106.4.1.
Permit —Items required prior to building permit issuance:
19. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar City Code 8.16 of Title 8. The contractor
shall complete all required forms and pay applicable deposits prior to permit.
20. Prior to building permit issuance, all school district fees shall be paid. Please
obtain a form from the Building and Safety Division to take directly to the school
district.
21. Submit grading plans clearly showing all finish elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to submitting
a pad certification.
22. Sewer connections require sewer connection fees and approval from the LA
County Sanitation District,
23. AOMD notification is required at least 10 days prior to any demolition. Proof
of notification is required at permit issuance.
24. All workers on the job shall be covered by workers' compensation insurance
under a licensed general contractor. Any changes to the contractor shall be
updated on the building permit.
Construction —Conditions required during construction:
25. 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.
26. 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.
27. Every permit issued by the building official under the provisions of this Code
shall expire and become null and void unless the work authorized by such
permit is commenced within one year after permit issuance, and if a successful
inspection has not been obtained from the building official within one -hundred -
eighty (180) days from the date of permit issuance or the last successful
18 PC RESO 2024-02
inspection. A successful inspection shall mean a documented passed
inspection by the city building inspector as outlined in Section 110.6.
28. 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.
29. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
30. 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.
31. 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.
32. 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.
33. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for, inspection.
34. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
35. 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.
36. 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.
37. Bodies of water that are greater than 18" in depth shall have the required
barriers to prevent unintentional access per CBC 3904.4.
38. Special inspections and structural observation will be required in conformance
with CBC 1704 to 1709.
END
1 g PC RESO 2024-02