HomeMy WebLinkAboutRES 2026-06ADMINISTRATIVE REVIEW
RESOLUTION NO. 2026-06
A RESOLUTION OF THE HEARING OFFICER OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING PLOT PLAN AND MINOR CONDITIONAL
USE PERMIT NO. PL2026-5 TO CONSTRUCT A 652 SQUARE -FOOT TWO-
STORY ADDITION TO AN EXISTING 1,728 SQUARE -FOOT TWO-STORY
SINGLE-FAMILY RESIDENCE ON A 0.16 GROSS ACRE (7,008 GROSS
SQUARE -FOOT) LOT. A MINOR CONDITIONAL USE PERMIT IS
REQUESTED TO CONTINUE A NONCONFORMING SIDE SETBACK OF 6'-0"
AT THE WEST PROPERTY LINE (WHERE 10 FEET IS REQUIRED), 10' SIDE
SEPARATION DISTANCE TO THE STRUCTURE ON THE ADJACENT
PROPERTY TO THE EAST, AND 10'-10" DISTANCE TO THE STRUCTURE
ON THE ADJACENT PROPERTY TO THE WEST (WHERE 15 FEET IS
REQUIRED) AT 20857 QUAIL RUN DRIVE, DIAMOND BAR, CA 91789 (APN
8765-015-010).
A. RECITALS
1. The property owner, Luo Yan, and applicant, Leo Zeng, have filed an
application for Plot Plan and Minor Conditional Use Permit No. PL2026-5 to
construct a 652 square -foot two-story addition to an existing 1,728 square -
IL foot, two-story, single-family residence located at 20857 Quail Run Drive,
Diamond Bar, County of Los Angeles, California.
2. The following approvals are requested from the Hearing Officer:
(a) Plot Plan to construct a 652 square -foot two-story addition to an
existing 1,728 square -foot, two-story, single-family residence; and
(b) Minor Conditional Use Permit to continue a non -conforming side
setback of 6'-0" at the west property line (where 10 feet is required),
10' side separation distance to the structure on the adjacent property
to the east, and 10'-10" distance to the structure on the adjacent
property to the west (where 15 feet is required).
Hereinafter in this Resolution, the subject Plot Plan and Minor Conditional
Use Permit shall be referred to as the "Project."
3. The subject property is made up of one parcel totaling 0.16 gross acres
(7,008 gross square -foot). It is located in the Low Density Residential (RL)
zone with an underlying General Plan land use designation of Low Density
Residential (RL).
4. The legal description of the subject property is Lot 10 of Tract No. 43162.
�► The Assessor's Parcel Number is 8765-015-010.
B.
5. On April 24, 2026, public hearing notices were mailed to property owners
within a 1000-foot radius of the project site. The notice was submitted to the
San Gabriel Valley Tribune newspaper for publication on April 24,2026. A
notice display board was posted at the site, and a copy of the notice was
posted at the City's three designated community posting sites.
6. On May 5, 2026, the Hearing Officer 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 Hearing Officer
of the City of Diamond Bar as follows:
The Hearing Officer 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 Hearing Officer hereby determines the
Exempt from the provisions of the California
(CEQA) pursuant to the provisions of A
(additions to existing structures) of the CEQ
further environmental review is required.
FINDINGS OF FACT
A
Project to be Categorically
Environmental Quality Act
rticle 19, Section 15301 (e)
Guidelines. Therefore, no
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar City Code (DBCC) Sections 22.56 and 22.68, the Hearing Officer
hereby finds as follows:
Minor Conditional Use Permit Findings (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 Municipal Code.
The existing single-family dwelling is a permitted use in the RL zone. A
Minor Conditional Use Permit (MCUP) is requested to allow a two-story
addition to an existing nonconforming structure with a side setback of 6'-0"
at the west property line (where 10 feet is required), 10' side separation
distance to the structure on the adjacent property to the east, and 10'-10"
distance to the structure on the adjacent property to the west (where 15 feet
is required).
The substandard side setback distance from the structure to the west side
property line and the substandard side separation distances to the
structures on adjoining parcels renders the project nonconforming. The
addition of a nonconforming structure requires approval of a Minor
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Conditional Use Pennit because the addition is not limited to the ground
floor. The proposed two-story addition consisting of 652 square feet of floor
area to an existing two-story home complies with the development
standards of the RL zone, and will maintain the existing nonconforming west
side setback and the existing nonconforming side separation distances to
the structures on adjoining parcels.
2. The proposed use is consistent with the general plan and 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. The design, location, size and operating characteristics of the proposed use
are compatible with the existing and future land uses in the vicinity.
The existing single-family dwelling and the proposed addition consisting of
652 square feet of floor area complies with the development standards of
the RL zone, and will maintain the existing nonconforming west side setback
and side separation distances to the structures on the adjoining parcels.
The two-story addition is located at the rear of the house. The design of the
proposed addition is compatible with the character of the existing homes in
the neighborhood because neighboring properties also have
nonconfonning side setbacks and nonconforming distances to structures on
adjoining parcels.
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 proposed addition to the
existing single-family residential dwelling. The existing and proposed use
of land is consistent with the surrounding land uses. The proposed addition
of floor area is consistent with the development standards for the RL zone
and will maintain the existing nonconforming west side setback and the
existing nonconforming side separation distances to the structures on the
adjoining parcels. In addition, privacy was also considered in the project's
design. The proposed addition will not impact the neighboring property
located at 20851 Quail Run Drive since the two-story addition will not be
visible. The neighboring property at 20863 Quail Run Drive will also not be
impacted since the two windows on the second floor facing the rear yard
are intended for bathroom ventilation and are not designed to provide views.
Additionally, the applicant has submitted proof of contact with the neighbor
located at 20863 Quail Run Drive. The neighbor has indicated support of
the proposed project and does not have any privacy concerns with the
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proposed addition. As such, staff has determined that the proposed addition
will not impact privacy.
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 to
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 structures) 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:
Incompatible with other structures in the neighborhood.
The proposed two-story addition of floor area is consistent with the
development standards of the RL zone, and will maintain the existing
nonconforming north side setback of 6'-0" and the existing nonconforming
distances to structures on adjoining parcels with a 10' side separation
distance to the structure on the adjacent property to the east and 10'-10"
distance to the structure on the adjacent property to the west. The existing
and proposed use of land is consistent with the surrounding land uses and
structures in the neighborhood. Neighboring properties also have
nonconforming side setbacks and nonconforming distances to structures on
adjoining parcels and will not further encroach into the existing setbacks, so
the proposed project will remain consistent with other homes within the
neighborhood.
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.
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3. A restriction to the eventual/future compliance with the applicable
regulations of this Development Code.
The existing and proposed use of land is consistent with the surrounding
land uses with similar side setbacks. The proposed two-story addition is
consistent with the development standards for the RL zone and will maintain
the existing nonconforming west side setback and the existing
nonconforming distances to structures on adjoining parcels.
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 this Resolution, and with all other
applicable Building and Safety Division and Public Works/Engineering
Department requirements.
5. Detrimental and/or injurious to property and improvements in the
neighborhood.
The addition to the existing single-family dwelling unit will be constructed in
a manner similar with the existing dwelling units located in the surrounding
community and will not be detrimental and/or injurious to property and
improvement in the neighborhood.
Based upon the findings and conclusion set forth above, the Hearing Officer hereby
approves this Application, subject to the following conditions:
1. Development shall substantially comply with the plans and documents
presented to the Hearing Officer at the public hearing.
2. 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.
3. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Hearing Officer 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, Luo Yan, 20857 Quail Run Drive, Diamond
5 Administrative Review Resolution No. 2026-06
Bar, CA 91789, and applicant, Leo Zeng, 4195 Chino Hills Parkway,
Suite 601, Chino Hills, CA 91709.
APPROVED AND ADOPTED THIS 5TH DAY OF MAY 2026, BY THE HEARING
OFFICER OF THE CITY OF DIAMOND BAR.
viCy vuu�iiaii
Community Development Director
6 Administrative Review Resolution No. 2026-06
COMMUNITY DEVELOPMENT
"-� DIAMOND BAR DEPARTMENT
CA LI F0 R N I A
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Plot Plan and Minor Conditional Use Permit No. PL 2026-5
SUBJECT: Construct a 652 square -foot two-story addition to an existing
1,728 square -foot, two-story single-family residence on a 0.16
gross acre lot (7,008 gross square -foot).
PROPERTY Luo Yan
OWNER: 20857 Quail Run Drive
Diamond Bar, CA 91789
APPLICANT: Leo Zeng
4195 Chino Hills Parkway, Suite 601
Chino Hills, CA 91709
LOCATION: 20857 Quail Run Drive, Diamond Bar, CA 91789
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 Plot
Plan and Minor Conditional Use Permit No. PL2026-5 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:
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Administrative Review Resolution No. 2026-06
(a) Applicant shall provide a defense to the City defendants or at i
the City's option reimburse the City its costs of defense,
including reasonable attorney's 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 Plot Plan and Minor Conditional Use
Permit No. PL2026-5, 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 Administrative Review Resolution No. 2026-06,
Standard Conditions, and all environmental mitigations shall be
included on the plans (full size). The sheet(s) are for information only
to all parties involved in the construction/grading activities and are
not required to be wet sealed/stamped by a licensed
Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for
Planning Division review and approval.
6. 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 Friday,
between the hours of 7:00 a.m. and 7:00 p.m., and are not allowed
at any time on Saturdays, Sundays or holidays.
7. Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval shall be completed.
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Administrative Review Resolution No. 2026-06
8. The project site shall be maintained and operated in full compliance
with the conditions of approval and all laws, or other applicable
regulations.
9. 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.
10. 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.
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 Division, and Public Works Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to
Planning and Building and Safety Divisions, and the 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 Plot Plan and Minor Conditional Use Permit
No. PL2026-5 expires within one year from the date of approval if the
use has not been exercised as defined pursuant to Diamond Bar
Municipal 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 Hearing Officer 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.
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Administrative Review Resolution No. 2026-06
D. SITE DEVELOPMENT
1. This approval is to construct a 652 square -foot two-story addition to
an existing 1,728 square -foot, two-story, single-family residence
located at 20857 Quail Run Drive, as described in the staff report and
depicted on the approved plans on file with the Planning Division,
subject to the conditions listed herein.
2. The construction documents submitted for plan check shall be in
substantial compliance with the architectural plans approved by the
Hearing Officer, as modified pursuant to the conditions below. If the
plan check submittal is not in substantial compliance with the
approved Plot Plan and Minor Conditional Use Permit 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 Hearing Officer
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 Hearing Officer, collectively attached
referenced as site plans, floor plans, architectural elevations, and
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Administrative Review Resolution No. 2026-06
landscape plans 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.
10. 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
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.
If. 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 Building
Code (i.e. 2025 California Building Code series will apply) requirements and
all other applicable construction codes, ordinances and regulations in effect
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Administrative Review Resolution No. 2026-06
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. Every sleeping room shall have a window that meets the emergency egress
size as outlined in California Building Code 1031.3.1. The clear opening
shall be at least 24" in height and 20" in width.
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 140.6 to 140.9.
6. Light and ventilation shall comply with CBC 1203 and 1205.
Permit — Items required prior to building permit issuance:
7. 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.
8. AQMD notification is required at least 10 days prior to any demolition. Proof
of notification is required at permit issuance.
9. 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:
10. 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
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Administrative Review Resolution No. 2026-06
1
passed inspection by the city building inspector as outlined in Section 110.6.
11. 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.
12. 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.
13. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
14. 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.
15. 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.
16. 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.
17. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
18. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
19. 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.
20. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
21. All plumbing fixtures, including those in existing areas, shall be low -flow
models consistent with California Civil Code Section 110 1. 1 to 1101.8.
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Administrative Review Resolution No. 2026-06
III. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING
DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
General Conditions:
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.
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.
END
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Administrative Review Resolution No. 2026-06