HomeMy WebLinkAboutPC 2016-21PLANNING COMMISSION
RESOLUTION NO. 2016-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2016-18 TO CONSTRUCT A 1,374 SQUARE -FOOT TWO-STORY
ADDITION WITH AN ATTACHED 203 SQUARE -FOOT PATIO TO AN
EXISTING 2,525 SQUARE -FOOT, TWO-STORY SINGLE-FAMILY
RESIDENCE WITH AN ATTACHED 712 SQUARE -FOOT GARAGE ON A 0.3
GROSS ACRE (13,214 GROSS SQUARE -FOOT) LOT. A MINOR
CONDITIONAL USE PERMIT IS REQUESTED TO CONTINUE
NONCONFORMING SIDE SETBACKS OF 6 FEET TO THE T PROPERTY LINES (WHERE0 FEET IS TH AND 6
FEET TO THE SOUTH REQUIRED
ON ONE SIDE AND 5 FEET ON THE OTHER) AND NONCONFORMING
DISTANCES OF 12 FEET TO THE STRUCTURE ON THE ADJACENT LOT
TO THE NORTH AND 13'-6" TO THE STRUCTURE ON THE ADJACENT
LOT TO THE SOUTH (WHERE A BUILDING SEPARATION OF 15 FEET IS
REQUIRED) AT 1248 S. LEMON AVENUE, DIAMOND BAR, CA 91789
(APN 8763-018-034).
A. RECITALS
1. The property owners, Guan Hong Fang and Xiongnian Su, and applicant,
Brian Huang, have filed an application for Development Review and Minor
Conditional Use Permit No. PL2016-18 to construct a two-story addition
consisting of 1,374 square feet of floor area with an attached 203 square -
foot patio to an existing 2,525 square -foot, two-story, single-family
residence with an attached 712 square -foot, three -car garage located at
1248 S. Lemon Avenue, Diamond Bar, County of Los Angeles, California.
Hereinafter in this Resolution, the subject Development Review and Minor
Conditional Use Permit shall be referred to as the "Proposed Project."
2. The following approvals are requested from the Planning Commission:
(a) Development Review to construct a two-story addition consisting of
1,374 square feet of floor area with an attached 203 square -foot
patio.
(b) Minor Conditional Use Permit to allow an addition over 50 percent of
the existing square footage to a nonconforming structure with
preexisting side setbacks of 6 feet to the north and 6 feet to the south
(where 10 feet is required on one side and 5 feet on the other) and
nonconforming distances of 12 feet to the structure on the adjacent
lot to the north and 13'-6" to the structure on the adjacent lot to the
south (where 15 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 13,214 gross
square feet (0.3 gross acres). It is located in the Low Density Residential
(RL) zone with an underlying General Plan land use designation of Low
Density Residential.
4. The legal description of the subject property is Lot 46 of Tract No. 33645.
The Assessor's Parcel Number is 8763-018-034.
5. On July 15, 2016, public hearing notices were mailed to property owners
within a 1000 -foot radius of the Project site. On July 15, 2016, notification
of the public hearing for this project was published in the San Gabriel
Valley Tribune and the Inland Valley Daily Bulletin newspapers; and public
notices were posted at the City's designated community posting sites. In
addition to the published and mailed notices, the project site was posted
with a display board.
6. On July 26, 2016, 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.
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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.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.48, 22.56, and 22.68 this
Planning Commission hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
1 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,
2 Planning Commission Resolution No. 2016-21
and architectural criteria for special areas (e.g., theme areas, specific
plans, community plans, boulevards or planned developments).
The design and layout of the proposed two-story addition consisting of
1,374 square feet of floor area to an existing single-family residence is
consistent with the City's General Plan, City Design Guidelines and
development standards by complying with all required setbacks, with the
exception of existing nonconforming side setbacks of 6 feet on the north
side, and 6 feet on the south side (where 10 feet is required on one side
and 5 feet on the other), and nonconforming distance to the structure on
the adjacent lot of 12 feet to the north, and distance to the structure on the
adjacent lot of 13'-6" to the south, where 15 feet is required. The addition
is located at the rear of the existing house.
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 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 addition is proposed at the rear of the
house and continues the same building setback line as the existing house.
The addition does not further encroach into the nonconforming side
setbacks of 6 feet to the north and 6 feet to the south and nonconforming
distances to the structures on the adjacent lots of 12 feet to the north and
13'-6" to the south.
The proposed addition 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 is a continuation of an existing use.
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 existing architecture is a 1980s tract style design with stucco, brick
veneer, wood trim and concrete roof tiles on a cross -gabled roof. The
3 Planning Commission Resolution No. 2016-21
applicant is proposing to retain the existing building form and will match
the existing roof style, pitch and materials. Therefore, the addition will be
visually integrated into the existing home and not negatively impact the
look and character of the neighborhood.
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
through good aesthetic use of materials, texture, color, and will remain
aesthetically appealing.
The proposed addition at the rear of the house will use the same stucco
material and wood trim to match the existing house. The proposed roof
will match the existing roof style, 5:12 pitch, and materials. Therefore, the
proposed addition will preserve the architectural integrity of the existing
construction by matching exterior colors and building materials.
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.
Before the issuance of any City permits, the proposed project is required
to comply with all conditions within the approved resolution, and the
Building and Safety Division and Public Works Departments requirements.
Through the permit and inspection process, the referenced agencies will
ensure that the proposed project is not detrimental to the public health,
safety or welfare or materially injurious to the properties or improvements
in the vicinity.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301(e) (additions to existing structures) of the CEQA guidelines.
Minor Conditional Use Permit Findings (DBMC 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 an addition
over 50 percent of the existing square footage to a nonconforming
4 Planning Commission Resolution No. 2016-21
structure with preexisting side setbacks of 6 feet to the north and 6 feet to
the south (where 10 feet is required on one side and 5 feet on the other)
and nonconfon-ning distance of 12 feet to the structure on the adjacent lot
to the north and 13'-6" to the structure on the adjacent lot to the south
(where 15 feet is required).
The preexisting substandard side setbacks and distances between
structures on the adjacent lots renders the project nonconforming. The
addition of a nonconforming structure requires approval of a Minor
Conditional Use Permit because the addition is greater than 50 percent of
the existing home. The proposed addition consisting of 1,374 square feet
of floor area to an existing two-story home complies with the development
standards of the RL zone. The proposed addition maintains the same
building setback line of the existing house.
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
1,374 square feet of floor area will not further encroach into the existing
nonconforming side setbacks of 6 feet to the north and 6 feet to the south
or nonconforming distances of 12 feet to the structure on the adjacent lot
to the north and 13'-6" to the structure on the adjacent lot to the south.
The design of the proposed addition is compatible with the existing house
and will not have an impact on privacy as it maintains the same building
setback line of the existing house, as well as planting of Fern Pine trees
along the north side property line.
The proposed two-story addition is located at rear of the house. The
design of the existing single-family dwelling and the proposed addition are
compatible with the character of the existing homes in the neighborhood
because the applicant is proposing to retain the existing building form.
Therefore, the addition will be Visually integrated into the existing home
and not negatively impact the look and character of the neighborhood.
4. The subject site is physically suitable for the type and dens ity/intensity of
use being proposed including access, provision of utilities, compatibility
with adjoining land uses, and the absence of physical constraints.
5 Planning Commission Resolution No, 2016-21
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 of floor area is consistent with the development standards for the
RL zone with the exception of existing nonconforming side setbacks of 6
feet to the north and 6 feet to the south and nonconforming distances of
12 feet to the structure on the adjacent lot to the north and 13'-6" to the
structure on the adjacent lot to the south.
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 (DBMC 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 two-story addition of floor area is consistent with the
development standards for the RL zone. The existing single-family
dwelling and the proposed addition consisting of 1,374 square feet of floor
area will comply with current development standards and not further
encroach into the existing nonconforming side setbacks of 6 feet to the
north and 6 feet to the south or nonconforming distances of 12 feet to the
structure on the adjacent lot to the north and I3'-6" to the structure on the
adjacent lot to the south. The design of the proposed addition is
compatible with the existing house, continues the same building setback
line of the existing house, and will not have an impact on privacy.
The proposed project is located at the rear of the existing home. The
existing and proposed land use is consistent with the surrounding land
6 Planning Commission Resolution No. 2016-21
uses and structures in the neighborhood. Additionally, the neighboring
properties also have nonconforming setbacks and distances to adjacent
structures, 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.
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 side setbacks. The proposed addition of floor area
is consistent with the development standards for the RL zone with the
exception of existing nonconforming side setbacks of 6 feet to the north
and 6 feet to the south or nonconforming distances of 12 feet to the
structure on the adjacent lot to the north and I3'-6" to the structure on the
adjacent lot to the south. The structures on the adjacent lots to the north,
south and the subject property are legal nonconforming.
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.
4. 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 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 set forth above, the Planning Commission
hereby approves this Application, subject to the following conditions:
7 Planning Commission Resolution No. 2016-21
1 Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing.
2. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
3. Tall landscaping such as Podocarpus gracilior (Fern Pine) shall be planted
along a portion of the north property line to maintain privacy for the
adjacent neighbor to the north.
4. 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 Municipal Code or applicable state or federal law.
5. Prior to obtaining building permits for the addition, the applicant shall
obtain permits for the existing unpermitted retaining walls. A permanent
landscape and irrigation system, for purposes of establishing and
maintaining required planting, shall be installed on all slopes. All slopes
between walls shall be landscaped with native drought -tolerant, non-
invasive plant materials that require minimal irrigation.
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 Saturday, between the
hours of 7:00 a.m. and 7:00 p.m.
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 applicant, Brian Huang, P.O. Box 388, Walnut, CA
91788, and property owners, Guan Hong Fang and Xiongnian Su,
1248 S. Lemon Avenue, Diamond Bar, CA 91789.
8 Planning Commission Resolution No. 2016-21
APPROVED AND ADOPTED THIS 26TH DAY OF JULY 2016, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Raymo jWolfe, Vice Chairperson
1, 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 26th day July, 2016, by the following vote:
AYES: Commissioners: Barlas, Farago, VC/Wolfe
NOES: Commissioners: None
ABSENT: Commissioners: Mok, Chair/Mahlke
ABSTAIN: Commissioners: None-,
ATTEST:
Greg Gubman, Secretary
9 DR/MCUP PL2016-18
V1,
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COMMUNITY DEVELOPMENT DEPARTMENT
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SUBJECT: To construct a 1,374 square -foot two-story addition with an
attached 203 square -foot patio to an existing 2,525 square -
foot, two-story single-family residence with an attached three -
car garage; and Minor Conditional Use Permit to -allow an
addition over 50 percent of the existing square -footage to an
existing nonconforming structure with side setbacks of 6 feet
to the north and 6 feet to the south (where 10 feet is required
on one side and 5 feet on the other) and nonconforming
distances of 12 feet to the structure on the adjacent lot to the
north and 13'-6" to the structure on the adjacent lot to the
south (where 15 feet is required).
PROPERTY Guan Hong Fang and Xiongnian Su
OWNER: 1248 S. Lemon Avenue
Diamond Bar, CA 91789
APPLICANT: Brian Huang
P.O. Box 388
Walnut, CA 91788
LOCATION: 1248 S. Lemon Avenue, Diamond Bar, CA 91789
1. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
10
Planning Commission Resolution No. 2016-21
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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. PL2016-18 brought within the time period provided by
Government Code Section 66499.37. In the event the city and/or
its officers, agents and employees are made a party of any such
action:
(a) Applicant shall provide a defense to the City defendants or at
the City's option reimburse the City its costs of defense,
including reasonable attorneys fees, incurred in defense of
such claims.
(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. PL2016-18, 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. 2016-21,
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.
11
Planning Commission Resolution No. 2016-21
A
6. Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance
with the conditions of approval and all laws, or other applicable
regulations.
8. Approval of this request shall not waive compliance with all sections
of the Development Code, all other applicable City Ordinances, and
any applicable Specific Plan in effect at the time of building permit
issuance.
9. All site, grading, landscape/irrigation, and roof plans, and elevation
plans shall be coordinated for consistency prior to issuance of City
permits (such as grading, tree removal, encroachment, building,
etc.) or approved use has commenced, whichever comes first.
10. The property owner/applicant shall remove the public hearing
. notice board within three days of this project's approval.
11. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the
Fire Department.
FEES/DEPOSITS
1 Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, Public Works Department
and Mitigation Monitoring) at the established rates, prior to
issuance of building or grading permit (whichever comes first), as
required by the City. School fees as required shall be paid prior to
the issuance of building permit. In addition, the applicant shall pay
all remaining prorated City project review and processing fees prior
to issuance of grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of
this project shall have no deficits.
C. TIME LIMITS
1. The approval of Development Review and Minor Conditional Use
Permit No. PL2016-18 expires within two years from the date of
approval if the use has not been exercised as defined pursuant to
Diamond Bar Municipal Code (DBMC) Section 22.66.050(b)(1). In
accordance with DBMC Section 22.60.050(c), the applicant may
request, in writing, a one-year time extension for Planning
12
Planning Commission Resolution No, 2016-21
Commission consideration. Such a request must be submitted to
the Planning Division prior to the expiration date and be
accompanied by the review fee in accordance with the Fee
Schedule in effect at the time of submittal.
D. SITE DEVELOPMENT
1. This approval is to construct a two-story addition consisting of
1,374 square feet of floor area with an attached 203 square -foot
patio to an existing single-family residence located at 1248 S.
Lemon Avenue, 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
Planning Commission, as modified pursuant to the conditions
below. If the plan check submittal is not in substantial compliance
with the approved Development Review 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 Planning
Commission approval, a final inspection is required from the
Planning. Division when work for any phase of the project has been
completed. The applicant shall inform the Planning Division and
schedule an appointment for such an inspection.
4. The above conditions shall run with the land and shall be binding
upon all future owners, operators, or successors thereto of the
property. Non-compliance with any condition of approval or
mitigation measure imposed as a condition of the approval shall
constitute a violation of the City's Development Code. Violations
may be enforced in accordance with the provisions of the
Development Code.
5. Failure to comply with any of the conditions set forth above or as
subsequently amended in writing by the City, may result in failure to
obtain a building final and/or a certificate of occupancy until full
compliance is reached. The City's requirement for full compliance
may require minor corrections and/or complete demolition of a non-
compliant improvement, regardless of costs incurred where the
project does not comply with design requirements and approvals
that the applicant agreed to when permits were pulled to construct
the project.
13
Planning Commission Resolution No, 2016-21
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, collectively attached
referenced as site plans, floor plans, architectural elevations, and
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 insure 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.
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Planning Commission Resolution No. 2016-21
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.
1. 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.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
1. At the time of plan check submittal, plans and construction shall conform
to current State and Local Building Code (i.e. 2013 California Building
Code series will apply) requirements and all other applicable construction
codes, ordinances and regulations in effect.
2. Provisions for CAL Green shall be implemented onto plans and
certification shall be provided 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. The east covered patio
adjacent the family room shall not be enclosed to have a separate kitchen.
4. No retaining walls are part of this application. All retaining walls are
existing.
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Planning Commission Resolution No. 2016-21
Plan Check — Items to be addressed prior to plan approval:
5. 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.
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 119 and 150(k).
7. Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(o).
8. 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.
9. All easements shall be shown on the site plan.
10. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
11. Slope setbacks shall be consistent with California Building Code Figure
1805.3.1 and California Residential Code R403.1.7. Foundations shall
provide a minimum distance to daylight.
Permit — Items required prior to building permit issuance:
12. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of Title
8. The contractor shall complete all required forms and pay applicable
deposits prior to permit.
13. Prior to building permit issuance, all school district fees shall be paid.
Please obtain a form from the Building and Safety Division to take directly
to the school district.
14. 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.
15. AQMD notification is required at least 10 days prior to any demolition.
Proof of notification is required at permit issuance.
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Planning Commission Resolution No. 2016-21
16. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor. Any changes to the
contractor shall be updated on the building permit.
Construction — Conditions required during construction:
17. 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 -hundred -eighty (180) days 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.
18. 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.
19. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
20. A height and setback survey may be required at completion of framing and
foundations construction phases respectively.
21. 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.
22. The location of property lines and building pad may require a survey to be
determined by the building inspection during foundation and/or frame
inspection.
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 www.digalert.org.
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.
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Planning Commission Resolution No, 2016-21
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. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
ME
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Planning Commission Resolution No. 2016-21