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HomeMy WebLinkAboutRES 2025-16PLANNING COMMISSION RESOLUTION NO. 2025-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW PLANNING CASE NO. PL2025-17 TO REMODEL THE EXTERIOR AND CONSTRUCT A 437 SQUARE -FOOT ADDITION TO THE FIRST LEVEL, A 1,190 SQUARE -FOOT ADDITION TO THE SECOND LEVEL, A NEW 1,039 SQUARE -FOOT THIRD LEVEL, A 1,377 SQUARE -FOOT FIRST -LEVEL PATIO COVER, 1,190 SQUARE FEET OF BALCONY AREA, AND AN INTERIOR REMODEL TO AN EXISTING 5,071 SQUARE -FOOT TWO-STORY SINGLE-FAMILY RESIDENCE ON A 1.89 GROSS ACRE (82,328 GROSS SQUARE -FOOT) LOT LOCATED AT 2151 DERRINGER LANE, DIAMOND BAR, CA 91765 (APN 8713-034-028). A MINOR CONDITIONAL USE PERMIT IS REQUESTED TO ALLOW THE CONTINUATION OF AN EXISTING NONCONFORMING STRUCTURE WITH A 20'-5" FRONT SETBACK (WHERE 30 FEET IS REQUIRED). A. RECITALS 1. The property owner, Vishal Kaushal, and applicant, Pete Volbeda, have filed an application for Development Review and Minor Conditional Use Permit No. PL2025-17 for a property located at 2151 Derringer Lane, Diamond Bar, County of Los Angeles, California. 2. The following approvals are requested from the Planning Commission. - (a) Development Review to remodel the exterior and construct a 437 square - foot addition to the first level, a 1,190 square -foot addition to the second level, a new 1,039 square -foot third level, a 1,377 square -foot first -level patio cover, 1,190 square feet of balcony area, and an interior remodel to an existing 5,071 square -foot two-story single-family residence on a 1.89 gross acre lot. (b) Minor Conditional Use Permit to allow the continuation of an existing nonconforming structure with a 20'-5" front setback (where 30 feet is required). Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Proposed Project." 3. The subject property is made up of one parcel totaling 82,328 gross square feet (1.89 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 54 of Tract No. 23483, and the Assessor's Parcel Number (APN) is 8713-034-028. 143 C. 5. On August 29, 2025, 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 August 29, 2025. Also, public notices were posted at the project site and the City's designated community posting sites. 6. Due to a lack of quorum, the regular Planning Commission meeting was adjourned pursuant to Government Code Sections 54955 and 54955.1, and all business items scheduled before the Planning Commission for September 9, 2025, were continued to September 23, 2025. 7. On September 23, 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. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(e) (additions to existing structures) of the CEQA Guidelines. Therefore, no further environmental review is required. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar City Code (DBCC) Sections 22.48, 22.56 and 22.68, 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 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 2 grading, preserving existing vistas, incorporate site and architectural design that is sensitive to the hillsides, and require fuel modification. The proposed addition is concentrated above and along the rear of the existing footprint of the house and the new balcony areas will not require any grading or excavation. No new retaining walls are proposed. 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/covered patio areas throughout the three 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 the Rural Residential zoning district by complying with all development standards such as required setbacks (with the exception of the existing nonconforming front setback of 20'- 5'), 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 addition 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 proposed addition will not be intrusive to neighboring homes since the proposed addition will not block existing views from adjacent properties. The property to the north will continue to have views of the vista from their rear yard to the west and the property to the south will continue to have views of the vista from their rear yard to the northwest. All properties to the east will have views of the vista from their rear yard to the east. With respect to privacy, the proposed third -level will not be intrusive to neighboring properties for the following reasons. 2205 Indian Creek Road is approximately 200 feet from the proposed addition, there are existing dense tall trees, and the property sits at a higher elevation which prevents direct line of sight from the third level addition; and • The proposed third level balcony, the only portion of the third -level addition visible from 2137 Derringer Lane, is oriented predominantly west and will not have greater impacts for privacy than the existing second level balcony. 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. 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 scale and proportions of the proposed addition are well balanced and appropriate for the 1.89 gross -acre site. The Mediterranean architectural style is compatible with other homes in the neighborhood since the architecture in The Country is eclectic, and includes a variety of architectural designs. The Project minimizes negative impacts on surrounding uses since the house will not block existing views from adjacent properties. In sum, the Project fits the character of the neighborhood on which it is proposed. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, color, and will remain aesthetically appealing; The applicant is proposing to remodel the entire house, add throughout the two levels of the house, and introduce a third level. The architectural style of the existing home is a Mediterranean design with a balanced fagade, low-pitched tiled roof, corbels beneath the eave, arched entryway, recessed windows, decorative wrought -iron railings, and decorative trim surrounding the doors and windows. Building materials consist of clay S-tile roofing, smooth stucco walls, decorative stucco trim and corbels, wrought -iron details for balcony railings and omamental grilles, and vinyl windows with metal frames that provide articulation and depth across the fagade. Through the use of quality materials with texture and color, the proposed residence will not be intrusive to neighboring homes. The scale and proportions of the proposed remodel and addition 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 4 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 Califomia Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e) (additions to existing structures) of the CEQA Guidelines. Minor Conditional Use Permit Findinas (DBCC Section 22.56.040 1. The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the City Code. The existing single-family dwelling is a permitted use in the RR zone. A Minor Conditional Use Permit (MCUP) is requested to allow the continuation of an existing nonconforming structure with a preexisting nonconforming 20'-Y front - setback (where 30 feet is required). The pre-existing substandard front setback renders the project nonconforming. The addition to a nonconforming structure requires approval of a Minor Conditional Use Permit because the addition is not limited to the ground floor. The 437 square -foot addition to the first level, 1,190 square -foot addition to the second level, new 1,039 square -foot third level, 1,377 square -foot first -level patio cover, and 1,190 square feet of balcony area complies with the development standards of the RR zone and will not further encroach into the nonconforming front setback. 2. The proposed use is consistent with the general plan and any applicable specific plan. The proposed addition to an existing single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The exterior remodel and the construction of a 437 square -foot addition to the first level, 1,190 square -foot addition to the second level, new 1, 039 square -foot third level, 1,377 square -foot first -level patio cover, and 1,190 square feet of balcony area will not further encroach into the existing nonconforming 20'-5" front setback. The Mediterranean architectural design of the remodeled home 5 is compatible with other homes in the neighborhood, as the architecture in The Country is eclectic and includes a variety of architectural styles. The Project also minimizes negative impacts on surrounding uses, as the house will not block existing views from adjacent properties or result in potential privacy impacts. Therefore, the Project is compatible with the existing and future land uses in the vicinity. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The subject site is physically suitable for the existing single-family residential dwelling and the proposed addition. The existing and proposed use of land is consistent with the surrounding land uses. The proposed addition is consistent with the development standards for the RR zone and will not further encroach into the existing nonconforming front setback. 5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. The granting of the Minor Conditional Use Permit will allow the addition of the existing single-family dwelling unit in a manner similar with existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not negatively impact the public interest, health, safety, convenience or welfare. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (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 structure) of the CEQA Guidelines. Non -Conforming Structures Findings (DBCC Section 22.68.030) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: 1. Incompatible with other structures in the neighborhood. The proposed addition of floor area is consistent with the development standards for the RR zone. The Project will comply with current development standards and not further encroach into the existing nonconforming 20'-5" front setback. The existing and proposed land use is consistent with the surrounding land uses and structures in the neighborhood. Additionally, the neighboring properties also have nonconforming front setbacks, so the proposed project will remain consistent with other homes within the neighborhood. 0 2. Inconsistent with the general plan or any applicable specific plan. The proposed addition to a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. 3. A restriction to the eventual/future compliance with the applicable regulations of this Development Code. The existing and proposed land use is consistent with the surrounding land uses with similar front and rear setbacks. The proposed addition of floor area is consistent with the development standards for the RR zone and will not encroach into the existing nonconforming front setback. 4. Detrimental to the health, safety and general welfare of persons residing in the neighborhood. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works/Engineering Departments requirements. Through the permit and inspection process, the referenced agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5. Detrimental and/or injurious to improvements in the property and neighborhood. The addition to the existing single-family dwelling unit will be constructed in a manner similar with existing dwelling units located in the surrounding community and will not be detrimental and/or injurious to property and improvements in the neighborhood Based upon the findings and conclusion 6-et1f8fth above, the Planning Commission hereby approves this Application, subject to t&4pA9ging conditions: 1. Development shall substaMly comply with the plarg and documents ftsasM `lWelP19Mp@`Qgne@ission at the public hearin$ 2. 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, Vishal Kaushal, 2151 Derringer Lane Diamond Bar, CA 91765, and applicant, Pete Volbeda, 215 North 2nd Avenue Suite B, Upland, CA 91786. 7 APPROVED AND ADOPTED THIS 23RD DAY OF SEPTEMBER, 2025, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Nalia Barlas, 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 23rd day of September, 2025, by the following vote: AYES: 4 COMMISSIONERS: Barlas, Mehta, Torres, Worthington NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Rawlings ABSTAIN: 0 COMMISSIONERS: None ATTEST: Greg Gubman, Secretary j j z COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review and Minor Conditional Use Permit No. PL2025-17 SUBJECT: To remodel the exterior and construct a 437 square -foot addition to the first level, a 1,190 square -foot addition to the second level, a new 1,039 square -foot third level, a 1,377 square - foot first -level patio cover, 1,190 square feet of balcony area, and an interior remodel to an existing 5,071 square -foot two- story single-familv residence on a 1.89 gross acre lot. A Minor Conditional Use Permit is requested to allow the continuation of an existing nonconforming structure with a 20'-5" front setback (where 30 feet is required). PROPERTY OWNER- Vishal Kaushal, 2151 Derringer Lane, Diamond Bar, CA 91765 APPLICANT: Pete Volbeda, 215 North 2"d Avenue Suite B, Upland, CA 91786 LOCATION: 2151 Derringer Lane, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. I. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. The applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set -aside, void or annul, the approval of Development Review and Minor Conditional Use Permit No. PL2025-17 brought within the time period provided by 9 PC RESO 2025-16 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. (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 Minor Conditional Use Permit No. PL2025-17, 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.2025-16, 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 10 PC RESO 2025-16 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. 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 1. 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 11 PC RESO 2025-16 The approval of Development Review and Minor Conditional Use Permit No. PL2025-17 expires within two years from the date of approval if the use has w 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. D. SITE DEVELOPMENT This approval is remodel the exterior and construct a 437 square - foot addition to the first level, a 1,190 square -foot addition to the second level, a new 1,039 square -foot third level, a 1,377 square - foot first -level patio cover, 1,190 square feet of balcony area, and an interior remodel to an existing 5,071 square -foot two-story single- family residence at 2151 Derringer Lane, 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 12 PC RESO 2025-16 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 roof- or ground -mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust, water heaters, etc.), waste and storage areas, and utility services shall be screened from public view from abutting public streets and rights -of -way, and abutting area(s) zoned for residential or open space uses, including views from above the subject project. The method of screening shall be architecturally compatible with other site development in terms of colors, materials, and architectural style subject to approval by the director. The screening design/construction shall blend with the . design of the structure(s) and include appropriately installed and maintained landscaping when on the ground. 8. 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. 9. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to ensure that the waste 13 PC RESO 2025-16 contractor used has obtained permits from the City of Diamond Bar to provide such services. 1 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 COUNTY OF LOS ANGELES FIRE DEPARTMENT, (909) 620-2402, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. FIRE PROTECTION STANDARDS Comments will be provided upon acceptance of fees invoiced by the County. 2. Development shall be constructed to reduce the potential for spread of brushfire. (a) In the case of a conflict, where more restrictive provisions are contained in the current State and Local Building Code or in the Fire Code, the more restrictive provisions shall prevail. (b) Roofs shall be covered with noncombustible materials as defined in the building code. Open eave ends shall be stopped in order to prevent bird nests or other combustible material lodging within the roof and to preclude entry of flames. (c) Exterior walls shaill be surfaced with noncombustible or fire- resistant materials. (d) Balconies, patio roofs, eaves and other similar overhangs shall be of noncombustible construction or shall be protected by fire-resistant material in compliance with the building code. 3. All development shall be constructed with adequate water supply and pressure for all proposed development in compliance with standards established by the fire marshal. 4. A permanent fuel modification area shall be required around development projects or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The required width of the fuel modification area shall be based on applicable building and fire codes and a fire hazard analysis study developed by the fire marshal. In the event abatement is not performed, the council may instruct the fire marshal to give notice to the owner of the property upon which the condition exists to correct 14 PC RESO 2025-16 the prohibited condition. If the owner fails to correct the condition, the council may cause the abatement to be performed and make the expense of the correction a lien on the property upon which the conditions exist. 5. Fuel modification areas shall incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. 6. If the fire marshal determines in any specific case that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, the fire marshal may suspend enforcement and require reasonable alternative measures designed to advance the purposes of this chapter. 7. Special construction features may be required in the design of structures where site investigations confirm potential geologic hazards. III. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. B. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on -site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. IV. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Conditions: 1. Plans and construction shall conform to current State and Local 15 PC RESO 2025-16 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. 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. 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. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: (e) Each building square footage. (f) Each building height. (g) Type of construction. (h) Sprinkler system. (i) Each group occupancy. 0) Property line location in relation to each building (side yard). 16 PC RESO 2025-16 (k) Shaft rating/exterior wall construction/opening protection. 8. 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. 9. All easements shall be shown on the site plan. 10. 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 112 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 County Fire shall approve plans for fire flow availability due to home being over 3600 sf as required per CFC Appendix B105.1. 11. All retaining walls shall be separately submitted to the Building & Safety and Public Works/Engineering Departments for review and approval. '12. A sods report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 13. 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. 17 PC RESO 2025-16 Permit — Items required prior to building permit issuance: 14. 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. 15. 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. 16. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 17. 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: 18. 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. 19. 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. 20. Existing fencing shall remain in -place during construction including pool barrier fencing. Any alternation of the fencing may result in a discontinuation of construction until the fences are returned to its original state. 21. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 22. 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. 18 PC RESO 2025-16 23. 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 ~,v.digalert.o i. 24. 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. 25. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 26. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms. 27. 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. 28. 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. 29. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. 30. All plumbing fixtures, including those in existing areas, shall be low - flow models consistent with California Civil Code Section 1101.1 to 1101.8. END 19 PC RESO 2025-16