HomeMy WebLinkAboutRES 2024-11PLANNING COMMISSION
RESOLUTION NO. 2024-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2024-36
FOR THE CONSTRUCTION OF A NEW 9,484 SQUARE -FOOT, TWO-STORY,
SINGLE-FAMILY RESIDENCE WITH AN 837 SQUARE -FOOT GARAGE, 958
SQUARE FEET OF BALCONY AREA, 698 SQUARE FEET OF PORCH AREA,
SWIMMING POOL AND REAR YARD IMPROVEMENTS ON A 1.13 GROSS
ACRE (49,223 GROSS SQUARE -FOOT) LOT LOCATED AT 2537 INDIAN
CREEK ROAD, DIAMOND BAR, CA 91765 (APN 8713-035-01S). A TREE
PERMIT IS ALSO REQUESTED TO REMOVE TWO PROTECTED CALIFORNIA
BLACK WALNUT TREES AND ONE COAST LIVE OAK TREE AND REPLACE
WITH NINE COAST LIVE OAK TREES ON SITE.
A. RECITALS
1. The property owner, LHL 688 LLC, and applicant, Philip K. Chan, have filed
an application for Development Review and Tree Permit No. PL2024-36 for a
property located at 2537 Indian Creek Road, Diamond Bar, County of Los
Angeles, California.
2. The following approvals are requested from the Planning Commission:
(a) Development Review for the construction of a new 9,484 square -foot
single-family residence with an 837 square -foot garage, 958 square feet
of balcony area, 698 square feet of porch area, swimming pool and rear
yard improvements.
(b) Tree Permit to remove two protected California black walnut trees and
one coast live oak tree 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 49,223 gross square
feet (1.13 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 15 of Tract No. 23483, and
the Assessor's Parcel Number (APN) is 8713-035-015.
5. On November 1, 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 November 1, 2024.
Also, public notices were posted at the project site and the City's designated
community posting sites.
6. On November 12, 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:
1. The Planning Commission hereby speccally 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)
1. The design and layout of the proposed development is consistent with the
applicable elements of the City 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 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.
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
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the two levels of the home. All elevations are architecturally treated and
strongly articulated through projections along the visible fagade [City's Design
Guidelines 8. Architecture (3)].
The Project complies with all development standards of the Rural Residential
zoning district by complying with all development standards such as required
setbacks, building height, and lot coverage. The project site is not part of any
theme area, specific plan, community plan, boulevard or planned
development.
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 northwest. The property to the east is undeveloped. The property
across the street to the south will continue to have views to the south.
The proposed single-family house will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single-family
home because it complies with the requirements for driveway widths and
exceeds the minimum number of required off-street parking spaces.
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
ial architectural
appropriate for the 1.13 gross acre site. The French Provinc
style is compatible with otherhomes 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 proposed residence will be designed in the French Provincial architectural
style. The project is designed to have a variety of elements to reflect the
architectural style, including the following design features: steep mansard roof,
cast stone and smooth stucco walls, precast trims, columns and quoins,
rectangular windows set in arched openings, wrought iron railings and doors,
symmetrically placed chimneys and eyebrow dormers with windows. Through
the use of earth -toned shades 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
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 Lite proposed project is not detrimental to the public health, safety
or welfare or materially injurious to the properties or improvements in the
vicinity.
The proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA)I
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 Findina (DBCC Section 22.38.1101
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.
0
The applicant submitted a tree report prepared by a licensed arborist (Javier
Cabral) dated May 29, 2024. There are three California black walnut trees that
are considered protected with a DBH that ranges between 23 and 30 inches,
and two coast live oaks with a DBH of 25 inches and 39 inches. Two protected
trees will remain on the property and three protected trees (two California black
walnuts and one coast live oak) are proposed for removal 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,
four 15-gallon coast live oak trees will be planted in the front yard, and five
trees will be planted on the rear slope of the property (exact location to be
determined during plan check to comply with the Fire Department's Fuel
Modification Plan requirements).
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
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
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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.
All work conducted close to the protected zone of protected 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. If protective measures fail to ensure the survival of any protected tree during
construction activity or within three years after approval of final inspection, a
minimum of three 24-inch box protected species shall be planted on the
property for each protected tree that dies.
7. 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.
8. 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, LHL 688 LLC, 14328 Lomitas Avenue, City of
Industry, CA 91746, and applicant, Philip K. Chan, 711 S. First Avenue,
Arcadia, CA 91006.
APPROVED AND ADOPTED THIS 12TH DAY OF NOVEMBER 2024, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Rubenn orrg, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 12th day of November 2024, by the following vote:
AYES: 5 Commissioners: Barlas, Rawlings, Wolfe, V/C Garg. C/Torres
NOES: 0 Commissioners: None
ABSENT: 0 Commissioners: None
ABSTAIN: 0 Commissioners: None
ATTEST:
Greg Gubm4ff Secretary
7
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #:
SUBJECT:
PROPERTY
OWNER:
Development Review and Tree Permit No. PL2024-36
For the construction of a new 9,484 square -foot single-family
and one coast live oak tree and replace with nine coast live oak
trees on site.
LHL 688 LLC, 14328 Lomitas Avenue, Citv of Industry, CA
91146
APPLICANT: Philip K. Chan, 711 S. First Avenue, Arcadia, CA 91006
LOCATION: 2537 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. PL2024-36 brought within
the time period provided by Government Code Section 66499.37. In
the event the city and/or its officers, agents and employees are made
a party of any such action:
PC RESO 2024-7 7
(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 Tree Permit
No. PL2024-36, 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-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.
g PC RE50 2024-11
L�
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.
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.
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
T
PC RE50 2024.11
1. The approval of Development Review and Tree Permit No. PL2024-
36 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.
11 PC RESO 2024-11
D. SITE DEVELOPMENT
This approval is for the construction of a new 9,484 square -foot, two-
story, single-family residence with an 837 square -foot garage, 958
square feet of balcony area, 698 square feet of porch area,
swimming pool and rear yard improvements at 2537 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.
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.
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
2 PC RESO 2024-11
Development Code regulations.
13 PC RESO 2024-H
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.
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.
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
14 PC RESO 2024A7
the roof and to preclude entry of flames-
15 PC RESO 2024-11
(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. 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 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
measures 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.
II. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839-7040, 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
(j PC RESO 2024-11
(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;
(ii) Protect slopes and channels;
(iii) Provide storm drain system stenciling and signage;
(iv) Divert roof runoff to vegetated areas before discharge unless the
diversion would result in slope instability; and
(v) Direct surface flow to vegetated areas before discharge, unless
the diversion would result in slope instability.
These mitigation measures shall be included with the submitted grading
plans and implemented during construction.
3. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1. Prior to issuance of a grading permit, the applicant shall submit 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.
17 PC RESO 2024-71
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 6 foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site is not supervised.
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 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, apre-construction meeting
shall be held at the project site with the grading contractor, applicant, and
city grading inspector at least 48 hours prior to work commencing.
18 PC RESO 2024-11
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.
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 County
Public Works Department.
D. UTILITIES
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) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1 g PC RESO 2024-77
General Conditions:
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.
3. Only one single-family dwelling is allowed on this property unless
specifically approved otherwise per CBC 202,
Plan Check —Items to be addressed prior to plan approval:
4. The minimum design load for wind in this area is 110 M.P.H. exposures "C"
and the site is within seismic zone D or E. The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
5. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy or
equivalent per the current California Energy Code 119 and 150(k).
6. Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(0).
Public Works/Engineering Department is required to review and approve
grading plans that clearly show all finish elevations, drainage, and retaining
wall(s) locations. These plans shall be consistent with the site plan
submitted to the Building & Safety Division.
The following statement shall be included on the plans: "Separate permits
are required for pool, spa, and retaining walls".
9. 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.
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
2Q PC RESO 2024-11
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 thes U 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 Hiah 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 &Safety and
Public Works/Engineering Departments for review and approval.
16. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
17, Glass railing shall be designed with a top rail and a factor of safety of 4.
18. 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.
19. Design for future electric vehicle charging shall be provided consistent with
CAL Green 4.106.4 or 5.106.5.3I
20, New single-family dwellings shall have solar panels installed in
conformance with CA Energy Code 150.1(c)14.
21. Bicycle parking shall be provided as per CAL Green 5.106.4.1.
Permit — Items required prior to building permit issuance:
21 PC RESO 2024.11
22. 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.
23. 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.
24. 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.
25. Sewer connections require sewer connection fees and approval from the
LA County Sanitation District.
26. AQMD notification is required at least 10 days prior to any demolition. Proof
of notification is required at permit issuance.
27. 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.
28. LA County Health and Industrial Waste approval is required prior to permit
issuance.
29. The building pad must be certified by the civil engineer prior to house permit
issuance.
Construction —Conditions required during construction:
30. 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.
31. 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.
32. 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
22 PC RESO 2024-17
successful inspection. A successful inspection shall mean a documented
passed inspection by the city building inspector as outlined in Section 110.6.
33. 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.
34. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
35. 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.
36. 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.
37. 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.
38. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
39. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
40. Site stairs within the proximity of the house shall have handrails installed.
41. 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.
42. 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.
43. Bodies of water that are greater than 18" in depth shall have the required
barriers to prevent unintentional access per CBC 3904.4.
23 PC RESO 2024-77
44. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
24 PC RESO 2024-11