HomeMy WebLinkAboutRES 2025-08PLANNING COMMISSION
RESOLUTION NO. 2025=08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL202346 TO REMODEL THE
EXTERIOR AND CONSTRUCT A 211 SQUARE -FOOT FIRST FLOOR ADDITION, 622
SQUARE -FOOT TWO-STORY ADDITION, A 754 SQUARE -FOOT COVERED PATIO AND
A 153 SQUARE -FOOT BALCONY TO AN EXISTING 1,276 SQUARE -FOOT SINGLE-
FAMILY RESIDENCE, LOCATED AT 1829 LOS CERROS DRIVE, DIAMOND BAR, CA
91766 (APN 8292-(122-009).
A. RECITALS
The property owner, Dave Mehul, and applicant, Raz Grinbaum, have filed an
application for Development Review No. PL2023-46 to remodel the exterior and
construct a 211 square -foot first floor addition, 622 square -foot two-story addition,
a 754 square -foot covered patio and a 153 square -foot balcony to an existing
1,276 square -foot single-family residence, located at 1829 Los Cerros Drive,
Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution,
the subject Development Review shall be referred to as the "Proposed Project."
2. The subject property is made up of one parcel totaling 7,801 gross square feet.
It is located in the Low -Medium Density (RLM) zone with an underlying General
Plan land use designation of Low Density Residential.
3. The legal description of the subject property is Lot 143 of Tract No. 28579, and
the Assessor's Parcel Number (APN) is 8292-022-009.
4, On March 14, 2025, public hearing notices were mailed to property owners within
a 1,000-foot radius of the project site. On March 14, 2025, 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.
5. On March 25, 2025, 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
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 under Section 15301(e)(additions to
existing structures) of the CEQA Guidelines. Therefore, no further environmental
review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar City Code (DBCC) Section 22.48, 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 Plan, City Design Guidelines, and
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments).
The design of the Project is consistent with the applicable elements of the City's
General Plan, City Design Guidelines and development standards. The City's
General Plan Policy CC-G4 requires the preservation of the scale and character
of existing residential neighborhoods and ensure sensitive transitions between
densities and uses. The Project is designed to be compatible with the existing
homes in the neighborhood by maintaining the mass, scale and rhythm of the
streetscape. The bulk of the addition is positioned toward the rear, reducing its
visual impact. The exterior architectural forms and construction materials of the
addition will match those of the existing structure.
A gradual transition between the Project and adjacent uses is achieved through
appropriate setbacks, building height, and window and door placement. The
addition complies with the City's Design Guidelines where architectural design
should focus on the development of a high -quality residential environment that
considers compatibility with surrounding character, including harmonious building
style, form, size, color, material, and roofline [City's Design Guidelines B.
Architecture (1)]. This is achieved through appropriate building scale, proportions
and matching the existing building materials with shingle roofing, grey siding,
stucco walls, and white vinyl windows.
The Project complies with all development standards of the Low -Medium
Residential zoning district such as building height, lot coverage and setbacks.
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 project 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 residence as proposed maintains all required setback and distances from
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neighboring residences and is not expected to impact uses or privacy of
neighboring lots.
The proposed project will not interfere with vehicular or pedestrian movements,
such as access or other functional requirements of a single-family home because
it is located in the rear of the property, does not impact driveway or public rights -
of -way, and maintains the required off-street parking space requirement.
3. The architectural design of the proposed development is compatible with the
character of the surrounding neighborhood and will maintain and enhance the
harmonious, orderly and attractive development contemplated by Chapter 22.48:
Development Review Standards, the City's Design Guidelines, the City's General
Plan, or any applicable specific plan.
The City's General Plan Policy LU-P-56 requires that residential development be
compatible with the prevailing character of the surrounding neighborhood in
terms of building scale, density, massing, and design. The City's General Plan
Goal CC-G-4 also requires the preservation of the scale and character of existing
residential neighborhoods and ensure sensitive transitions between densities
and uses. The City's Design Guidelines Architecture (1) requires compatibility
with the surrounding character including harmonious building style, form, size,
color, material and roofline.
The remodeled residence with the proposed addition will not negatively impact
the look and character of the neighborhood because the architectural design is
compatible with existing homes in building mass, scale, color, material, and
roofline while providing an enhancement to the overall neighborhood
appearance. The additional height of the residence will not block any views to
adjacent properties. Furthermore, the bulk of the addition is positioned toward the
rear, reducing its visual impact.
In summary, the proposed project fits the scale and architectural character of the
existing 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 existing residence is a 1970s Ranch -style tract home. The residence has a
4:12 pitched gable -style shingle roof, vertical wood siding, grey stucco,
decorative wood trims, and a brick chimney. The proposed remodel and addition
will maintain consistency with the existing architectural style. The 4:12 gabled
shingle roof on the addition will be integrated with the existing residence. The
current wood siding will be replaced with fiber cement siding that mimics the
appearance of wood, which will also be used on the addition. The addition
features one -foot eaves and 2x6 fascia boards to match the existing residence.
Matching white vinyl windows and doors are incorporated into the design. The
remodeled residence will have a height of approximately 21'-10", an increase of
about seven feet from the existing 14'-11" building height.
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Overall, the residence maintains an aesthetically appealing uniform design and
creates a desirable living 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 15301(e)
(additions to existing structures) of the CEQA Guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission hereby
approves this Application, subject to the following conditions:
Development shall substantially comply with the plans and documents presented
to the Planning Commission at the public hearing.
2. On the plans submitted for building plan check, all exposed portions of the
proposed retaining walls shall have a decorative finish, with the use of split -faced
block or painted stucco to match the house.
3. 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 owner, Mehul Dave, 1829 Los Cerros Drive, Diamond Bar,
CA 91765; and applicant, Raz Grinbaum, 5959 Topanga Canyon
Boulevard, Suite 150, Woodland Hills, CA 91367,
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APPROVED AND ADOPTED THIS 25TH DAY OF MARCH 2O25, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Naila Barlas, Chair
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 25th day of March 2025, by the following vote:
AYES: 3 Commissioners: Torres, Worthington, C/Barlas
NOES: 0 Commissioners: None
ABSENT: 2 Commissioners: Mehta, Rawlings
ABSTAIN: 0 Commissioners: None
ATTEST: A /
Greg Gubma , S cretary
fj PC RESO 2025-OB
► 191 'al N BRIKIIIIII amneW
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL2023-46
SUBJECT: To remodel the exterior and construct a 211 square -foot first floor
square -foot single-family residence
PROPERTY
OWNER: Mehul Dave 1829 Los Cerros Drive Diamond Bar CA 91765
APPLICANT: Raz Grinbaum, 5959 Topanga Canyon Boulevard, Suite 150,
Woodland Hills, CA 91367
LOCATION: 1829 Los Cerros Drive Diamond Bar CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
The applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding to
attack, set -aside, void or annul, the approval of Development Review
No. PL2023-46 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.
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(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 No. PL202346, 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.2025-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 conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with
the conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape/irrigation, and roof plans, and elevation plans
shall be coordinated for consistency prior to issuance of City permits (such
as grading, tree removal, encroachment, building, etc.,) or approved use
has commenced, whichever comes first.
10. The hours during which construction activities causing the operation of any
tools or equipment used in construction, drilling, repair, alteration, or
demolition work are limited to Monday through Saturday, between the
hours of 7:00 a.m. and 7:00 p.m., and are not allowed at any time on
Sundays or holidays.
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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 and the Public Works 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
1. Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Division 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
1. The approval of Development Review No. PL2023-46 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 22.66,050 (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 remodel the exterior and construct a 211 square -foot
first floor addition, 622 square -foot two-story addition, a 754 square -foot
covered patio and a 153 square -foot balcony to an existing 1,276 square -
foot single-family residence, located at 1829 Los Cerros Drive, as
described in the staff report and depicted on the approved plans on file
with the Planning Division, subject to the conditions listed below.
PC RESO 2025-XX
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.
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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.
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.
II. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839J038, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
Prior to issuance of a building permit, the applicant shall submit an Erosion
Control 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 form.
B. DRAINAGE
2. Prior to issuance of a building 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.
111. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
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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. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per
California Energy Code 150(o).
5. The following statement shall be included on the plans: "Separate permits are
required for retaining walls."
6. This project shall comply with the energy conservation requirements of the State
of California Energy Commission. All lighting shall be high efficacy or equivalent
per the current California Energy Code 140.6 to 140.9.
7. 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 2304.12.2.61
8. All easements shall be shown on the site plan.
9. All retaining walls shall be separately submitted to the Building &Safety and
Public Works/Engineering Departments for review and approval.
10. A soils report is required per CBC 1803 and all recommendations of the soils
report shall be adhered to if over 50 cy of grading occurs.
11. 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.
Permit —Items required prior to building permit issuance:
12. 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.
13. Prior to building permit issuance, all school district fees shall be paid. Please
11 PC RESO 2025-XX
obtain a form from the Building and Safety Division to take directly to the school
district.
14. AQMD notification is required at least 10 days prior to any demolition. Proof of
notification is required at permit issuance.
15. All workers on the job shall be covered by workerscompensation insurance
under a licensed general contractor. Any changes to the contractor shall be
updated on the building permit.
Construction —Conditions required during construction:
16. Every permit issued by the Building Official under the provisions of this Code
shall expire and become null and void unless the work authorized by such permit
is commenced within one year after permit issuance, and if a successful
inspection has not been obtained from the Building Official within one -hundred -
eighty (180) days from the date of permit issuance or the last successful
inspection. A successful inspection shall mean a documented passed inspection
by the city building inspector as outlined in Section 110.6.
17. 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.
18. Existing fencing shall remain in -place during construction including pool barrier
fencing. Any alteration of the fencing may result in a discontinuation of
construction until the fences are returned to its original state.
19. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
20. 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.
21. 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.orci.
22. 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.
23. All glazing in hazardous locations shall be labeled as safety glass. The labeling
shall be visible for inspection.
24. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide
detectors are required in halls leading to sleeping rooms.
12 PC RE50 2025-XX
25. 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.
26. 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.
27. Special inspections and structural observation will be required in conformance
with CBC 1704 to 1709.
28. All plumbing fixtures, including those in existing areas, shall be low -flow models
consistent with California Civil Code Section 1101.1 to 1101.81
END
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