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Home My WebLink About03/14/2017 PC AgendaPLANNING COMMISSION AGENDA March 14, 2017 7:00 P.M. City Hall, Windmill Community Room 21810 Copley Drive Diamond Bar, CA 91765 Chairperson Vice Chairperson Commissioner Commissioner Commissioner Jennifer "Fred" Mahlke Raymond Wolfe Naila Barlas Frank Farago Ken Mok Copies of staff reports or other written documentation relating to agenda items are on Ne in the Planning Division of the Community Development Department, located at 21810 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21810 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodations) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. M Please refrain from smokina. eating or The City of Diamond Bar uses recycled drinking in the Windmill Community Room paper and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the contact information below. Every meeting of the Planning Commission is recorded and duplicate recordings are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Commission, CDs of Meetings (909) 839-7030 Email: info(o)diamondbarca.gov Website: www.diamondbarca.gov CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, March 14, 2017 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2017-06 1. ROLL CALL: COMMISSIONERS: Naila Barlas, Frank Farago, Ken Mok, Vice Chairperson Raymond Wolfe, Chairperson Jennifer "Fred" Mahlke 2. REORGANIZATION OF PLANNING COMMISSION: Selection of Chairperson and Vice Chairperson. 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Planning Commission. 4. APPROVAL OF AGENDA: Chairperson 5. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 5.1 Minutes of Regular Meeting: February 28, 2017 6. OLD BUSINESS: None 7. NEW BUSINESS: None 8. PUBLIC HEARING(S): 8.1 Development Code Amendment PL2016-198 — Under the authority of Diamond Bar Municipal Code Section 22.70, the City of Diamond Bar proposes to amend the following sections of Title 22 of the Diamond Bar Municipal Code ("Development Code") in order to comply with recently -enacted State regulations pertaining to accessory dwelling units (ADUs): 22.08.030, 22.16.140, 22.42.060, 22.42.110, 22.42.120, 22.68.030 and 22.80.020. MARCH 14, 2017 PAGE 2 PLANNING COMMISSION '4a 10. 11 Project Address: Citywide Applicant: City of Diamond Bar, Community Development Department Environmental Determination: The City has determined that the proposed Development Code Amendment is not subject to the California Environmental Quality Act ("CEQA") because it can be seen with certainty that the proposed Development Code Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines) and does not apply to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA Guidelines). It is also exempt under Class 3 (Section 15303 (a) of the CEQA Guidelines), since the regulations pertain to a categorically exempt use ("second dwelling units"). The changes provide the City with the authority to better regulate ADUs in compliance with State law, and the regulatory changes will not create significant environmental impacts. Therefore, no further environmental review is required. Recommendation: Staff recommends that the Planning Commission recommend approval of Development Code Amendment PL2016-198 to the City Council. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future protects SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: PARKS AND RECREATION COMMISSION MEETING: Tuesday, March 21, 2017 — 6:30 pm South Coast Air Quality Management District Auditorium, 21825 Copley Drive Tuesday, March 23, 2017, 7:00 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive MARCH 14, 2017 PAGE 3 PLANNING COMMISSION PLANNING COMMISSION MEETING: JOINT PC/CC MEETING - GENERAL PLAN UPDATE STATUS STATE OF THE CITY ADDRESS: CITY BIRTHDAY PARTY TRAFFIC AND TRANSPORTATION COMMISSION MEETING: EASTER EGG HUNT: 12. ADJOURNMENT: Tuesday, March 28, 2017, 7:00 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Wednesday, March 29, 2017, 6:30 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Thursday, March 30, 2017, 6:30 pm Diamond Bar Center (Doors open at bpm) Grand View Ballroom 1600 Grand Avenue Saturday, April 8, 2017 Pantera Park, 738 Pantera Drive Thursday, April 13, 2017, 7:00 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Saturday, April 15, 2017 Pantera Park, 738 Pantera Drive MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION FEBRUARY 28, 2017 CALL TO ORDER: Chair/Mahlke called the meeting to order at 7:00 p.m. in the Windmill Conference Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Mok led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Naila Barlas, Frank Farago, Ken Mok, Vice Chairperson Raymond Wolfe and Chairperson Jennifer "Fred" Mahlke Also present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of February 14, 2017: VC/Wolfe moved, Chair/Mahlke seconded, to approve the Minutes of the Regular Meeting of February 14, 2017 as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS 91 NEW BUSINESS COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None 7. PUBLIC HEARING(S): Barlas, Farago, Mok, VC/Wolfe Chair/Mahlke None None 7.1 Development Review and Minor Conditional Use Permit No. PL2016-217— The applicant requested approval of a Development Review (DR) application to construct a 1,000 square foot single story addition and a 320 square foot FEBRUARY 28, 2017 PAGE 2 PLANNING COMMISSION detached patio cover to an existing 1,300 square foot, single story residence with a 435 square foot garage on a 0.18 gross acre (8,004 gross square foot) lot. A Minor Conditional Use Permit was requested to allow an addition exceeding 50 percent of the existing square footage of a nonconforming structure with a distance of 10' 3" to the structure on the adjacent property to the east (where 15 feet is required). PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 2635 Rising Star Drive Diamond Bar, CA 91765 Hani Bouidani 2635 Rising Star Drive Diamond Bar, CA 91765 SP/Lee presented staff's report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit No. PL2016-217, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the Resolution. Chair/Mahlke opened the public hearing. With no one wishing to speak on this matter, Chair/Mahlke closed the public hearing. VC/Wolfe moved, C/Mok seconded, to approve Development Review and Minor Conditional Use Permit No. PL2016-217, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Conditional Use Permit No. P2016-152 — The applicant requested approval of a Conditional Use Permit (CUP) to operate a children's indoor entertainment/playground with retail sales within an approximate 4,700 square foot space at an existing 121,788 square foot multi -tenant shopping center. A Conditional Use Permit was required to allow indoor entertainment facilities in the C-2 zone. PROJECT ADDRESS: 21050 Golden Springs Drive #C-3 Diamond Bar, CA 91765 FEBRUARY 28, 2017 PROPERTY OWNER APPLICANT: PAGE 3 PLANNING COMMISSION Lakeview Village Corporation 12879 Harbor Boulevard, Suite N-1 Garden Grove, CA 92840 Monica Leaw 2942 Punta De Este Drive Hacienda Heights, CA 91745 SP/Lee presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PL2016-152, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the Resolution. Chair/Mahlke questioned whether a condition of approval needed to be added to confirm that events would be held on weekends only as proposed by the applicant's statement to that effect. She felt that if the applicant decided to have parties on weekdays it could significantly impact the potential parking. VC/Wolfe asked if staff considered weekday use during its analysis. SP/Lee said that the analysis was done based on weekend events only. C/Mok asked if parking on weekends was also for retail. Chair/Mahlke said there would not necessarily be booked party rooms but there could be 30 kids with families which could create parking impacts but it would not be at a set time. Chair/Mahlke opened the public hearing. Monica Leaw emphasized that during the weekdays, parties will not be allowed because during the week more kids may take advantage of the open playground. The private parties are reserved for the weekends only so that she can control how many kids can participate. During the week she will supervise the playground to make sure people do not come in to have a party without having booked a party which would have to have been booked for the weekend. Chair/Mahlke asked if on the weekends the party is closed to walk-in traffic. Ms. Leaw responded that the retail is shut down so that she can supervise the private parties. C/Mok asked if the address was 21050. The applicant believed the 21076 number on the door is a fictitious address because the actual address is 21050 Unit C-3 which she believes was correct as stated by the City. C/Mok said that as of yesterday the huge numbers on the building read 21076. Ms. Leaw said FEBRUARY 28, 2017 PAGE 4 l 15LANNING COMMISSION a a she did not question what was shown on the lease. However, she will request the current signage to be removed and replaced with C-3. Chair/Mahlke closed the public hearing. C/Farago moved, Chair/Mahlke seconded, to approve Conditional Use Permit No. PL2016-152, based on the Findings of fact and subject to the conditions of approval as listed within the Resolution as revised with the maximum party size being 30 and a six month review of the CUP by staff. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Barlas, Farago, Mok, VC/Wolfe Chair/Mahlke None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None C/Mok said he looked forward to attending his first Planning Commissioners Academy. VC/Wolfe said he could not wait to hear back from C/Mok about how exciting the event was. ' •1/11__ � •:ILG •►__ II 9.1 Public Hearing dates for future projects. CDD/Gubman asked academy attendees to remain after tonight's meeting to coordinate information. The next Planning Commission meeting is scheduled for March 14. He thanked VC/Wolfe for letting staff know that he will be unavailable for that meeting and he would like for the remaining Commissioners to let him know if they plan to attend that meeting to make certain there is a quorum. One of the first orders of business will be the Planning Commission's reorganization which would be the time to select the Chairperson and Vice Chairperson for the upcoming year. In addition, there will be one project on the agenda which is the Accessory Dwelling Unit Ordinance to update current regulations that cover second units, granny flats, mother-in-law quarters, etc., to comply with the new state laws that went into effect January 1St that further limit the City's restrictions that it can impose on second units. Because the current ordinance is not consistent with the new state law, Diamond Bar's Ordinance is technically null and void until the City adopts a local Ordinance that conforms to the new state requirements. "T' FEBRUARY 28, 2017 PAGE 5 " PLANNING COMMISSION For the March 28 meeting, staff has a request to extend the expiration date for a 16 -lot Tentative Tract Map that is at the south end of Crooked Creek. The Map was approved in 2007 and was granted a number of automatic extensions through actions of the state legislature as a result of the recession and understanding that a lot of projects were stalled as a result. Those automatic extensions have expired which means the applicant must formally request additional time to get the map recorded. In addition, there will be a Development Review application for a new home in The Country. CDD/Gubman reminded the Commissioners that there will be a Joint Planning Commission/City Council meeting on March 29 in the Windmill Room to provide an update on completion of Phase I of the General Plan Update process. Thursday night, March 30, is the State of the City address at the Diamond Bar Center. 10. SCHEDULE OF FUTURE EVENTS: As noted in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Mahlke adjourned the regular meeting at 7:28 p.m. The foregoing minutes are hereby approved this 14th day of March, 2017. Attest: Respectfully Submitted, Greg Gubman Community Development Director Jennifer Mahlke, Chairperson ` PLANNING COMMISSION C AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE -DIAMOND BAR, CA 91765 -TEL. (909) 839-7030 -FAX (909) 861-3117 AGENDA ITEM NUMBER: 4§,1 MEETING DATE: March 14, 2017 CASE/FILE NUMBER: Development Code Amendment Planning Case No. PL 2016-198 PROJECT LOCATION: Citywide APPLICATION REQUEST: To amend the following sections of Title 22 of the Diamond Bar Municipal Code ("Development Code") in order to comply with recently -enacted State regulations pertaining to accessory dwelling units (ADUs): 22.08.030, 22.16.140, 22.42.060, 22.42.110, 22.42.120, 22.68.030 and 22.80.020. APPLICANT: City of Diamond Bar Community Development Department STAFF RECOMMENDATION Adopt the attached Resolution recommending the City Council approve Development Code Amendment Planning Case No. PL 2016-198 SUMMARY: The proposed amendments to the Development Code are necessary to enable the City to regulate accessory dwelling units (ADUs) in a manner that is consistent with recent State legislation. BACKGROUND: An ADU (previously referred to as a "second unit') is an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons, and which is located on the same parcel as the main residence. The unit typically includes permanent provisions for living, sleeping, eating, cooking, and sanitation. The California Legislature has long recognized ADUs as a valuable affordable housing option for single-family neighborhoods, and State law (i.e., Government Code sections 65852.150 — 65852.2) places certain limitations on the City's authority to regulate ADUs. Cities may not completely prohibit ADUs within their jurisdictions, but State law has historically allowed cities to designate areas where ADUs are appropriate and to impose reasonable parking, height, setback, lot coverage, size, and other development standards on ADUs, so long as such requirements are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create ADUs in zones in which they are authorized. Since 2003, State law has also required cities to approve ADUs ministerially (i.e., without a hearing). Consistent with State law, the City of Diamond Bar currently ministerially permits ADUs to be constructed in the Rural Residential (RR) and Low Residential (RL) zoning districts on lots 10,000 square feet or greater, subject to specified development standards. In 2016, the State Legislature amended Government Code Sections 65852.150 and 65852.2, significantly revising the ADU laws, as set forth in SB 1069 and AB 2299. These laws took effect on January 1, 2017, and are intended to address the State's housing shortage by easing development restrictions that cities and counties may place on ADUs. Some changes to the provisions of the City's Development Code pertaining to ADUs are necessary to ensure continued consistency with State law. Otherwise, the City may be prohibited from applying any development standards on ADUs other than the minimum standards set forth in the amended State law. ANALYSIS: Adoption Process Before the City Council adopts an ordinance to amend the Development Code, the Planning Commission must first conduct a public hearing to consider the proposed amendments. The Commission then forwards its recommendations via a resolution advising the Council whether or not the proposed amendments should be adopted. The proposed amendments to the Municipal Code also include one definition change to Title 21 (Subdivisions). Changes to Title 21 of the Municipal Code are not subject to review by the Planning Commission. Summary of Changes to State ADU Laws Together, AB 2299 and SB 1069 added several new limitations on local agencies' authority to regulate ADUs. Attachment 3 shows the changes made to Government Code Sections 65852.150 and 65852.2. Some notable new provisions include, but are not limited to, the following: • The term "Second Unit' was universally replaced with the term "Accessory Dwelling Unit'. • Requires a decision on an ADU application to be made within 120 days. • Requires issuance of a building permit for conversion of existing space within a single-family residence or accessory structure to an ADU, without any restrictions, if it is within a single-family residential zone, independent exterior access is provided, and side and rear setbacks are sufficient for fire safety. • Places new limitations on parking requirements local agencies may impose on ADUs and exempts ADUs meeting specified criteria from all parking requirements. • Prohibits local agencies from requiring fire sprinklers in an ADU if they are not required for the primary residence. • Limits setback requirements for ADUs constructed within or on top of existing garages. • Prohibits local agencies from requiring "passageways" from the street to the entrance of an ADU. • Places new limitations on requiring separate utility connections for certain ADUs and the amount of utility connection fees and capacity charges cities may charge in conjunction with development of an ADU. Notwithstanding these significant statutory changes to the State ADU law, cities still retain some discretion in regulating ADUs, provided they update their ADU ordinances to be consistent with the new State law. The proposed Code amendments described below are intended to implement the newly amended State law regarding the permitting and development of ADUs so as not to unreasonably restrict the creation of ADUs in designated residential zones, while continuing to ensure that new ADUs are compatible with the neighborhoods in which they are located, do not unreasonably impact utilities, parks, open spaces and other community facilities, and do not downgrade the living environment of the City. Proposed Municipal Code Amendment Section 21.03.030 (Exemptions from subdivision approval requirements) The only proposed change to the Municipal Code in this section is the definition from "second units" to "accessory dwelling units" for consistency purposes. Proposed Development Code Amendments Section 22.08.030 (Table 2-3) — Residential zoning district land uses and permit requirements The land use table is proposed to be amended to allow ADUs in all residential zones. Previously, ADUs were only allowed in the Rural Residential (RR) and Low Residential (RL) zoning districts. Section 22.16.140 — Second kitchen and Section 22.42.060 (a)(2) — Guest houses The only proposed changes to the. Development Code in the sections above is the definition from "second units" to "accessory dwelling units" for consistency purposes. Section 22.42.110 (Table 3-15) — Residential accessory uses and structures The proposed changes to the setback requirements for detached accessory structures include a provision that if the structure is less than 220 square feet, the setback requirement is 5 feet from property line or buildable pad line. If the structure is 220 square feet or larger, setbacks shall be the same as required for the main structure. This provision was included to prevent situations where a detached accessory structure is constructed and is later converted to an ADU that does not meet setback requirements. The 220 square -foot threshold is based on the minimum floor area requirement for ADUs (see "efficiency unit" definition in the attached ordinance). Section 22.42.120 — Second units This section has been revised to conform to State law. Major changes include: 1. Changing the term from "second units" to "accessory dwelling units (ADUs)." 2. Requiring parking to be waived under certain circumstances. 3. Allowing reduced setbacks under certain circumstances for converted garage units. 4. Limiting fees for utility connections and related capacity charges. 5. Waiving requirements for fire sprinklers if they are not required for the main residence. 6. Establishing a maximum of 120 days to review an application for an ADU. 7. Requiring ministerial, nondiscretionary approval within 120 days. With respect to the construction of attached or detached ADUs, local agencies may impose minimum lot size requirements, provided that they do not unreasonably curtail the potential for such construction. The Development Code currently allows ADUs on residential parcels with a minimum lot size of 10,000 square feet, a minimum buildable pad area of 8,000 square feet, a minimum lot width of 50 feet and a minimum lot depth of 100 feet. Staff recommends preserving these minimum requirements because there is a substantial inventory of residential parcels in Diamond Bar that meet these requirements: there are currently 14,310 parcels that are zoned Low/Medium (RLM), Low (RL), and Rural (RR) Residential, out of which 5,358 lots that are at least 10,000 square feet in size (i.e., 37.4%, or nearly four in ten). Attachment 3 is a map that displays where these parcels are located within the City. Section 22.68.030 - Restrictions on nonconforming structures This section is proposed to be amended to streamline the process for additions to nonconforming structures. Currently, the Code requires a Minor Conditional Use Permit (MCUP) for upper -story additions or additions that are over 50 percent of the existing square footage to a nonconforming residence. With the revised language, if the upper - story addition to a nonconforming residence meets current setback and building separation standards, an MCUP will not be required. The proposed change is aimed at eliminating the MCUP requirement, under most situations, for additions to nonconforming residential structures that include ADUs. Section 22.80.020 — Definitions of specialized terms and phrases A definition for the terms "accessory dwelling unit" and "efficiency unit" is proposed to be added. The terms "granny flat," "secondary residential units" and "second units" are proposed to be removed from the definitions so that the terminology aligns with State law. ENVIRONMENTAL REVIEW: The City has determined that the proposed Development Code Amendment is not subject to the California Environmental Quality Act ("CEQA") because it can be seen with certainty that the proposed Development Code Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines) and does not apply to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA Guidelines). It is also exempt under Class 3 (Section 15303 (a) of the CEQA Guidelines), since the regulations pertain to a categorically exempt use ("second dwelling units"). The changes provide the City with the authority to better regulate ADUs in compliance with State law, and the regulatory changes will not create significant environmental impacts. Therefore, no further environmental review is required. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on March 3, 2017, in a 1/8 page display. Pursuant to Planning and Zoning Law Government Code Section 65091(a)(4), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least 1/8 page in one newspaper of general circulation. A copy of the public notice was also posted at the City's three designated community posting sites. F1 RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution recommending approval of Development Code Amendment Planning Case No. PL2016-198 to the City Council. Prepared by: Mayuko Nakajima Associate Planner Reviewed by: Greg Gubman, AICP Community Development Director Attachments: Reviewed by: Grace 37. Lee Senior Planner Draft Planning Commission Resolution No. 2017 -XX (Recommending Approval of Development Code Amendment) Map of Parcels Over 10,000 Square Feet Blackline of Amendments to State ADU Law PLANNING COMMISSION RESOLUTION NO. 2017 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED AMENDMENTS TO TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE - PLANNING CASE NO. PL 2016-198. A. RECITALS 1. In compliance with SB 1069 and AB 2299, the City of Diamond Bar proposes to amend Chapter 22 of the Diamond Bar Municipal Code. 2. The purpose of SB 1069 and AB 2299 is to address housing needs by easing development restrictions placed on accessory dwelling units (ADUs). 3. The proposed amendments would affect the areas of the City eligible for ADUs, as well as amend the processing time, parking requirements, setbacks, and utility connections and fees. 4. The proposed Development Code Amendment will further the public health, safety and general welfare. Proposed changes will allow additional housing opportunities. 5. Pursuant to Government Code Section 65090 and 65353, a notice of at least 1/8 page display was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on March 3, 2017, and a copy of the public notice was posted at the City's three designated community posting sites. 6. The City has determined that the proposed Development Code Amendment is not subject to the California Environmental Quality Act ("CEQK) because it can be seen with certainty that the proposed Development Code Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines) and does not apply to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA Guidelines). It is also exempt under Class 3 (Section 15303 (a) of the CEQA Guidelines), since the regulations pertain to a categorically exempt use ("second dwelling units"). The changes provide the City with the authority to better regulate ADUs in compliance with State law, and the regulatory changes will not create significant environmental impacts. Therefore, no further environmental review is required. 7. On March 14, 2017, the Planning Commission held a duly noticed public hearing regarding the proposed Development Code Amendment reflected in the draft ordinance attached hereto as Exhibit "A" and incorporated by reference into this Resolution, and duly considered all public testimony, evidence, and staff analysis. 8. The proposed Development Code Amendment is consistent with multiple objectives and policies in the City of Diamond Bar General Plan. 9. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Development Code Amendment Planning Case No. PL 2016-198 by adopting the amendments to Title 22 of the Diamond Bar Development Code described in the draft ordinance attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. 2 PC Resolution No. 2017 -XX APPROVED AND ADOPTED THIS 14TH DAY OF MARCH, 2017 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 0 Jennifer Mahlke, 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 14th day of March, 2017, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 3 PC Resolution No. 2017 -XX EXHIBIT A ORDINANCE NO. XX(2017) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING SECTIONS 22.08.030, 22.16.140, 22.42.060, 22.42.110, 22.42.120, 22.68.030, AND 22.80.020 OF TITLE 22 OF THE DIAMOND BAR DEVELOPMENT CODE PERTAINING TO THE REGULATION OF ACCESSORY DWELLING UNITS. WHEREAS, on March 14, 2017, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Development Code pertaining to accessory dwelling units, Planning Case No. PL 2016-198, and adopted Resolution No. 2017 -XX recommending City Council approval of said Development Code Amendments; and WHEREAS, on XX XX, 2017, the City Council held a duly noticed public hearing regarding the proposed Development Code Amendment; and WHEREAS, the City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQK) because it can be seen with certainty that the proposed Development Code Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines) and does not apply to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA Guidelines). It is also exempt under Class 3 (Section 15303 (a) of the CEQA Guidelines), since the regulations pertain to a categorically exempt use ("second dwelling units"). The changes provide the City with the authority to better regulate ADUs in compliance with State law, and the regulatory changes will not create significant environmental impacts. Therefore, no further environmental review is required; and WHEREAS, the City Council hereby adopts the facts and reasons stated in Planning Commission Resolution No. 2017 -XX, a copy of which is on file with the City Clerk and which is incorporated herein by reference with the same force and effect as if set forth in full. NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains as follows: SECTION 1: Table 2-3 of Section 22.08.030 (Residential zoning district land uses and permit requirements) of Title 22, Chapter 22.08 of the Diamond Bar Municipal Code is amended as follows (deletions in stri *fin text; additions in bold/underline text): I TABLE 2-3 ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS SECTION 2: Section 22.16.140 (Second Kitchen) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows (deletions in *� ,;kethr ough text; additions in bold/underline text): Second kitchens shall be permitted within the rural residential (RR) zone in single-family residences that are a minimum of 6,000 square feet in floor area. A second kitchen shall not constitute approval of an sesend accessory dwelling unit and such kitchen shall not be so located as to facilitate the establishment of the second independent dwe in^ accessory dwelling unit including a servant's quarters. SECTION 3: Subsection (2)(a) of Section 22.42.060 (Guest Houses) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows (deletions in strikethreugh text; additions in bold/underline text): a. Number. A guest house shall not be permitted on any parcel for which an second accessory dwelling unit has been permitted. SECTION 4: Table 3-15 of Section 22.42.110 (Residential accessory uses and structures) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows (deletions in strikethrough text; additions in bold/underline text): TABLE 3-15 REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES Single -Family Detached Homes Accessory Structure Permit Requirements by District Land Use (1) RR RL RLM RM RMH RH RH-30 See Standards in Section: oe�dPnfial aAccessory uses and structures TP P P P P I P P 22.42.110 Second Accessory dwelling units I P I P I P P P I P P 22.42.120 SECTION 2: Section 22.16.140 (Second Kitchen) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows (deletions in *� ,;kethr ough text; additions in bold/underline text): Second kitchens shall be permitted within the rural residential (RR) zone in single-family residences that are a minimum of 6,000 square feet in floor area. A second kitchen shall not constitute approval of an sesend accessory dwelling unit and such kitchen shall not be so located as to facilitate the establishment of the second independent dwe in^ accessory dwelling unit including a servant's quarters. SECTION 3: Subsection (2)(a) of Section 22.42.060 (Guest Houses) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows (deletions in strikethreugh text; additions in bold/underline text): a. Number. A guest house shall not be permitted on any parcel for which an second accessory dwelling unit has been permitted. SECTION 4: Table 3-15 of Section 22.42.110 (Residential accessory uses and structures) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows (deletions in strikethrough text; additions in bold/underline text): TABLE 3-15 REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES Single -Family Detached Homes Accessory Structure Type of Setback Required Setback2 Sides, If less than 220 square feet, 5 feet from property Detached patio cover, rear line or buildable pad line. whichever is applicable If gazebo, greenhouse, 220 square feet or larger, setbacks shall be the storage shed same as required for main structure Street side As required for main structure SECTION 5: Section 22.42.120 (Second Units) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows (deletions in 6tFiketh,roug,h, text; additions in bold/underline text): Sec. 22.42.120. - Second Accessory dwelling units. The purpose of this section is to implement state law and permit seGend units iR GertaiR residential zones and te eRS61re that the seGORd URit dees not degrade th4ee - - - with the neighborhoods in which they are located, do not unreasonably impact utilities, parks, open spaces and other community facilities, and do not downgrade the living environment in the city. This section provides standards for the establishment Of sesend accessory dwelling units. (1) [Designated zoninu Zoning districts.] Sesend Accessory dwelling units shall be allowed in the zoning districts specified in section 22.08.030 (residential district land uses and permit requirements) subject to the approval of the director as provided in this section. (2) Number of units allowed. Only one sesend accessory dwelling unit shall be allowed on a legal single family residential parcel. A single family residential parcel shall not be allowed to have both an seoe ,d unit accessory dwelling unit and a guest house. (3) Site requirements. The parcel proposed for a second an accessory dwelling unit shall comply with all the following requirements: a. The parcel shall have a minimum area of 10,000 gross square feet and a minimum buildable pad area of 8,000 square feet, a minimum width of 50 feet and a minimum depth of 100 feet; and b. The parcel shall be zoned for single-family or multi -family use and shall be developed with not more than one single-family primary residence. The owner of the parcel must live in the primary residence or the second accessory dwelling unit, and shall demonstrate such occupancy to the satisfaction of the city prior to issuance of permits. If, at any time, the owner ceases to occupy either the primary residence or the accessory dwelling unit, the accessory dwelling unit shall automatically become a non -habitable space, shall not be used as a dwelling, and shall not be rented. c. Exception. Accessory dwelling units that meet all of the following criteria shall be permitted in all single-family residential zones, regardless of lot size: i. The accessory dwelling unit is contained within a legally ii. There is independent exterior access from the existing residence; iii. The side and rear setbacks are sufficient for fire safety; iv. All applicable building and safety codes are met; and V. Only one accessory dwelling unit will exist on the parcel. (4) Location ofseconaccessory dwelling unit. A Secend An accessory dwelling unit may be within, attached to, or detached from the existing primary residence. If detached, the second accessory dwelling unit shall be located within the rear portion of the subject parcel and shall be separated from the existing primary residence a minimum of ten feet. If attached to or within the primary residence, a separated entrance shall be provided and said entrance shall not be located on the front of the primary residential structure or facing the street on which the primary residence fronts. (5) If the accessory dwelling unit is detached, the total floor area of the structure shall not exceed the allowable floor area of an accessory dwelling unit. (5) Design standards n ^e ^^d nA sh au. (g) The following standards apply to all attached or detached accessory dwellina units. extent for accessory a. The increased floor area of an accessory dwelling unit shall not Net exceed 600 gross square feet in floor area or 50 percent of the living area of the primary residence, whichever is less, asd �if+ho if located on a parcel that is between 10,000 and 20,000 gross square feet with a minimum buildable pad area of 8,000 square feet and has a minimum width of 50 feet and a minimum depth of 100 feet -.1 b. The increased floor area of an accessory dwellina unit shall not Net exceed 1,200 square feet in gross floor area or 50 percent of the living area of the primary residence, whichever is less, if located on a the parcel that is over 20,000 gross square feet with a minimum 10,000 square feet buildable pad area -.1 WWI WORM "I I. Exterior finishes: Materials, colors, surface treatments and details; ii. Roofing: Type, pitch and materials; 0 iii. Scale and form; and iv. Windows: Type, forms, and dimensional ratios. G. Match the ernh'ten# Fal styleofo .+ th Mri ., 7 id d designfeatures, 66 inh ash but not limited to rnate Fiat . onlors, FGGf'Rg, al SLIF faGe treatments and --a.zu,r y d. An accessory dwelling unit shall utilize Utilize the same setback requirements as the primary residence; not exceed one story or 15 feet in height as measured from the Ratural of finished grade to highest area of the roofline; not exceed the maximum lot coverage permitted in the zone where the subject lot is located; and the design of the sesend accessory dwelling unit shall not change the character of the surrounding residential neighborhood -.1 e. An accessory dwelling unit shall contain CO tai,=. separate kitchen and bathroom facilities and have a separate entrance from the primary residence-,- and. esidence;and. f. An accessory dwelling unit shall contain Contain no more than two bedrooms. g. An efficiency unit must have a minimum floor area of 220 square feet and shall comply with building requirements pursuant to the California Building Code 1208.4 and California Residential Code R304.5. of the accessory dwelling unit. LNo setback shall be required for an existing garaae that is converted to an accessory dwelling unit. j. The accessory dwelling unit shall comply with all applicable building code requirements that apply to detached dwellings. k. Fire sprinklers shall not be required for such an accessory dwelling unit if they are not required for the primary residence. (67)Parking. a. One off-street parking space shall be provided for the seEend accessory dwelling unit, in addition to the required and existing parking provided for the primary residence. Said parking space shall be accessible from the existing driveway approach and may be provided as tandem parking on the existing driveway or in setback areas. An existing Existing driveway may be widened to accommodate the one off-street parking space pursuant to Code section 22.30.080, driveways and site . b. When a garage, carport, or covered parking structure is demolished in covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile parking lifts. c. Exceptions. Additional parking for an accessory dwelling unit shall not be required if the following conditions apply: L The accessory dwelling unit is located within one-half mile of a permanent transit stop, including, but not limited to, a park and ride facility or bus stop regularly operating with a headway of fifteen minutes or less. ii. The accessory dwelling unit is located within an architecturally and iii. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. iv. V. When there is a designated car share vehicle parking space located within one block of the accessory dwelling unit. (78)Rental of secend accessory dwelling units. A sesond An accessory dwelling unit may be rented, although rental is not required. Any rental term of an accessory dwelling unit that is legally created on or after /EFFECTIVE DATE OF ORDINANCE/ shall be longer than 30 days. (89)Sale or subdivision of an second accessory dwelling unit. The sale unitsepaFate from the prima�y residence shall be—prehibiteGl� An accessory dwelling unit shall not be sold or owned ownership. (P10) Utilities. Utilities serving the second accessory dwelling unit (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the primary residence. The secend accessory dwelling unit shall not be provided with separate metered utilities, unless otherwise required by applicable building, fire or electrical code provisions. Furthermore and prior to the issuance of any city permits, the property owner shall submit written certification from the affected water and sewer district that adequate water and sewer facilities are or will be available to serve the proposed secend accessory dwelling unit. For units using septic facilities allowed by the California Regional Water Quality Control Board and the city, written certification of acceptability and approval by the local health officer shall be submitted. Accessory dwelling units shall not be or (11) Ministerial approval. The director shall approve an application for an accessory dwelling unit if a complete application is submitted that demonstrates that the accessory dwelling unit complies with the receiving the application. (12) Recorded covenant. Prior to the issuance of a building permit for an accessory dwelling unit, the property owner(s) shall record a covenant agreement, declaration of restrictions, or similar document, in a form acceptable to the director and the City Attorney, that runs with the land and is binding on future owners, and which contains restrictions conforming to SECTION 6: Subsection (b) of Section 22.68.030 (Restrictions on nonconforming structures) of Title 22, Chapter 22.68 of the Diamond Bar Municipal Code is amended as follows (deletions in strikefteugh text; additions in bold/underline text): (b) Changes to, or expansion of, a structure. The addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure, may be allowed with minor conditional use permit approval, in compliance with chapter 22.56, (Minor Conditional Use Permits). The hearing officer may approve a minor conditional use permit only if the following findings can be made, in addition to those contained in section 22.56.040 (Findings and decision). In the case of residential dwelling units with nonconforming setbacks or distance separations to dwelling units on adioininq parcels, a minor conditional use permit shall not be required if the proposed change or expansion is limited to the grswad (leer -and meets the following criteria: (1) An add'tinn nr i nrro,ement is less than 50 percent of the existing footage of all str, ct r en site and Int coverage deer net exceed 40 percent s listed 'n Table 2 A; r (21)An The addition or improvement conforms to all other applicable provisions of this Development Code; and r:r-Wrnrra levels may have the same setbacks as the adjoining than the cemparahle portion of the existing structure (follew the develepment line of the existing structure); however, if the existing adjoining side yard setback is less than five feet, the exterior limits of new construction shall maintain a minimum five- foot side setback. SECTION 7: Section 22.80.020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as follows to add a new definition for "accessory dwelling unit' as well as for an "efficiency 7 unit' and to delete the definition of "granny flat," "secondary residential units" and "second unit' (deletions in strikethrough text; additions in bold/underline text): (a) Definitions, "A." The following definitions are in alphabetical order: Accessory dwelling unit. An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and (e) Definitions, "E." The following definitions are in alphabetical order: Efficiency unit. A unit for residential occupancy by no more than two persons, (g) Definitions, "G." The following definitions are in alphabetical order: (s) Definitions, "S." The following definitions are in alphabetical order: SECTION 8: If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such - - - - -- IN 110-1 SECTION 8: If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 9: The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause a certified copy of this Ordinance to be posted within fifteen (15) days after this Ordinance is passed and adopted, in the Office of the City Clerk and two additional public places, together with the vote for and against the same. ADOPTED this XX day of XX, 2017. ATTEST: Jimmy Lin, Mayor APPROVED AS TO FORM: Tommye Cribbins, City Clerk David DeBerry, City Attorney I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the XX day of XX, 2017, and was duly passed and adopted the same day, by the following vote, to wit: AYES: Council Member: NOES: Council Member: ABSTAIN: Council Member: ABSENT: Council Member: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 9 I AMENDMENTS TO STATE ADU LAW (GOVERNMENT CODE H 65852150,AND 65852.2) 65852.150. (a) The Legislature finds and declares4hat all of the following: (1) Accessory dwelling seeond-units are a valuable form of housing in California. (2) Accessory dwelling Seeexd-units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.. u Homeowners who create sesendaccessory dwelling units benefit from added income, and an increased sense of security. (4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California. (5) California faces a severe housingcrisis. (6) The state is falling far short of meeting current and future housing demand with serious consequences for the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle- income earners. (7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of California's housing supply. fhIlt is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agencies ha:zagey the effect of providing for the creation of seeexdaccessory dwelling units and that provisions in these sMinanew9this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create secondaccessory dwelling units in zones in which they are authorized by local ordinance. 65852.2 (a) (1) AnyA local agency may, by ordinance, provide for the creation of seeendaccessory dwelling units in single-family and multifamily residential zones. The ordinance rshall do anyall of the following: (A) Designate areas within the jurisdiction of the local agency where secondaccessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of sesendaccessory dwelling units on traffic flow and public safety. (B) f iZImpose standards on seeendaccessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, 1200564.2 and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that seeexdaccessory dwelling units do not exceed the allowable density for the lot upon which the seeexdaccessory dwelling unit is located, and that seeexdaccessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following_ (i) The unit is not intended for sale separate from the primary residence and may be rented. (ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. (iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling, (iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used if required. (x) (1) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. (11I) This clause shall not apply to a unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency reauires that those offstreet 1200564.2 parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d). (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. Nothing in this par-agyap of within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of seeend-tmitsan accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (A) The unit : not Wended for s le and .., ., he rented (B) The lot is zoned for- single fiffmily or fliultifamily use7 (G) The lot eenAains Ea exisfing single family dwelling. 1200564.2 i° �� _ _ (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (A) The unit : not Wended for s le and .., ., he rented (B) The lot is zoned for- single fiffmily or fliultifamily use7 (G) The lot eenAains Ea exisfing single family dwelling. 1200564.2 (G) Requirements relating te heigM, sethask, lot eeverage, arehiteetural review, site plan , fees, eharges, and other zoning requifeffients generally applieable to residential eenstfuetien ffli the zene in whieh the property is leeffwd-. (14) Leeal building eede requirements whieh apply to detaehed dwellings, as appfepfiate. (1) Apprwv,al by !he loeal health effieer where a private sewage dispesal system is being tised,4f (35) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (36) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed seroona ,...:t., an laisaccessory dwelling unit on a In zoned for residential use w43islt eentainthat contains an existing single-family dwelling. No additional standards, other than those provided in this subdivisionor s��'�a), shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner - occupant or that the Property be used for rentals of terms longer than 30 days. (47) No changes in zoning ordinanees ef ether ordinanees or any ehanges in the general plan all be required to : plement this ..,.1..7iyisio ^ nyA local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of seeena-unitsan accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (58) A seeer,dAn accessory dwelling unit wh"that conforms to the requirements of this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use whie-hthat is consistent with the existing general plan and zoning designations for the lot. The sesexd � nitsaccessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. family or- multifamily zoned afeas unless the ardinanse eontains findings aeknewledging Olat thp, ordinanee may limit housing opportunities ef the region and- fiffl-4--h-e-v c ontains findings that -__*fie adverse impaets on the publie health, safe�, and welfare that wattid result from allowing seeand tinits within single family Effid melfifamily zaned areas justify adepting the erdinaneL7 (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives its first application on or after July 1, 1983, for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall accept the 1200564.2 application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receivingthe he application. (dc) A local agency may establish minimum and maximum unit size requirements for both attached and detached seeendaccessory dwelling units. No minimum or maximum size for a seeondan accessory dwelling unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings Whiekthat does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) Parking requirements for seeend units shall not exeeed one par -king spaee per Unit Of pe bedfeem. Addifienal pafking may be required provided that a finding is made #tat the additie paAking Fequir-ements af e directly related to the use of the second unit and art-, cnw;istent vl,ifl; permitted in setbaek afeas in leeations deteEmined by the Weal agency or through tande-m- parking, unless speeifie findings are made that par -king insethaek areaq ar- tandem pafk4ag is feasible based upeft speeifie site er- regienEd tepegraphieal ef fire and life safiaty eanditiens, of that it : of permitted anywhere els in the : sdietion (e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially ap rU ovC an application for a building vermit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single- family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (1) (aFees charged for the construction of seeertlaccessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). 1200564.2 (2) Accessory dwelling units shall not be considered new residential uses for the Purposes of calculating local agency connection fees or capacity charges for utilities including water and sewer service. (A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge (B) For an accessory dwelling unit that is not described in subdivision (e)a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013 the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the Proposed accessory dwelling unit based upon either its size or the number of its plumbing fixtures upon the water or sewer system This fee or charge shall not exceed the reasonable cost of providing this service (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of seeend-upitsan accessory dwelling unit. (h) Local agencies shall submit a copy of the srdinaneesordinance adopted pursuant to subdivision (a) or -(e) -to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following terms mean: (1) "Living area;" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) "$eeendAccessory dwelli _g unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. well An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (5) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 0) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of 1200564.2 the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for second cessory dwelling units. 12005642 \\ \ \ , . 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R\ « \ F Z LU F a_ Q a Llim ❑ z O� Q O p J W LL O w❑ r I- > U � Z D O U c C C O 0 O 0 O O 0 O (0 l6 N f0 0 - l0 E E E E E E `o `o `o `o `o o o '- m @ c C @ G O 0 O O 0 O c O 0 =o m a a a a =o a m o ,`o �o yoo_ o 3 r I I I I 3 I N � � C ri a C C C C G C N @ N N N N N N m a U m U @ o m U @ o w O o 0 U 0 @ @ 0 O U >> N 0 0 n ? oa n a E m E E E E E`m E m a a Oa c O o 0 0 o a o a a a c c 0 c m U o U 0 0 c 0 c c c ❑ ❑ c ❑ F c c c c c ❑ c ❑ 7 7 a 3 m c m m C7 0 = c a@ U @ m L c m @ c 0c Q J c J c '>, L @ a (6 X @ N (n N c a U j >, IL C J Y >Y @ X 0 U U) U U d S U 2 @ a V) Q > (n > Q z z z z z z z Z M 7 7 N N M O V (p O m O O O O `O a O O a O O N O O O J a -� J a J J a J J 11 a aJ a a a a a a a a a a a a U H U ❑ ❑ ❑ w ❑ ❑ K U ❑ ❑ N N N N N N N U U U U U U U N Ul N N N N 'E 'E 'E 'E 'w a C N U O a U "" L N p ❑ N N N ❑ N N N C_ c = C O U C O J N c@ O E U C N N U O c @ C r nE'C O C O C G J �03- 3 `�3 j@ a0 Ja M 0 O O m 0 ON (H❑7 O (3� .- U 0 g c aO M 3 N=o 3- Z MIV f f w M d Na N N W V N M QN M Z O Q OMQ NZ r Z d' Z � Q NZ N VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM:_f I TO: Planning Commission SUBJECT: DATE: 14 SPEAKER 1 NAME: (Please print clearly) ADDRESS: (Please print clearly) i would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above "'�T rfy) e ll persons ishing to Note: commission sionw llhave the intended t assist eopportun t opportunity do so, and to ensure correct spelling of names inthe Minutes. After completion, please submit your form to the Planning Commission Secretary. Thank you. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM: 91/ + TO: Planning Commission SPEAKER NAME: OJ3 /7d (Please print clearly) SUBJECT: a,23377 print clearly) DATE: � � /Vl �`,7 G G f h 9"tp-.011-� 1 would like to address the Planning Commission on the ab e fated item. Plep6q hav q Commission Minutes reflect my name and address as printed above Note: This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity to do so, and to ensure correct spelling of names in the Minutes. After completion, please submit your form to the Planning Commission Secretary. Thank you. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION 4 f AGENDA ITEM: SUBJECT: c TO: Planning Commission DATE: SPEAKER NAME: 'All ho (Please print clearly) •NO (Please print clearly) I would like to address the Planning Commission on the above stated Item. Please have the Commission Minutes reflect my name and address as printed above / ) Signature x Note: This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity to do so, and to ensure correct spelling of names in the Minutes. After completion, please submit your form to the Planning Commission Secretary. Thank you. To: City of Diamond Bar, Planning Commission & CDD/Greg Gubman In 1977, the California Environmental Quality Act, initiated by Ronald Reagan, was to stop and mitigate Urban Sprawl. Diamond Bar is a unique city with housing stock, located within (internal) subdivisions and also bordering "wildland interface:" hillsides, valley and canyon wildland buffers, overlaying wetlands, watersheds, oak/walnut woodland, coastal sage, cactus scrub which support rare species (cactus wren, burrowing owl, arroyo toad, gnatcatcher). This unusual Southern California property, is rare and a distinctive character "place making" feature of Diamond Bar. I do not oppose folks building add-ons for key family members like elderly parents. 1 question HOW the program will be managed and each project monitored to conserve aesthetic and biological existing conditions in DB neighborhoods. 1 ask the honorable Planning Commission & Community Development Director to consider: 1. Please explain the monitoring program/policy in place, which will protect Diamond Bar neighborhoods from transforming into short term rentals (hotelslairbnb) and businesses like maternity hotels. 2. Please explain details of: "...because it can be seen with certainty..." in your Environmental Determination statement. What can be seen? 3. The amendment is actually up -zoning neighborhoods, some which presently forbid subdividing parcels and/or adding second dwellings per their CCRs — especially non -HOA CCRs. Will DB Planning protect neighborhood integrity? 4. How will ADU parking needs be remedied? Will street parking increase in single family dwelling areas? What are green house gas emission projections, both direct and indirect for both during and cumulatively, after each project? 5. How can a "no environmental change" be claimed when Diamond Bar has not yet adopted a GHG Reduction Plan eIL� 6. Certain DB neighborhood CCRs forbid subdividing lots and/or building second dwellings on single-family parcels. Non -HOA CCRs are still in force and are applicable. Since the ADU ordinance basically allows small parcel subdivision, how will the City interact in applicant/stakeholder litigation? 7. Even one project involving removal of treesihabitat and grading reduces scenic aesthetics and neighborhood resiliency. Exempting CEQA in Diamond Bar, has had and will have immeasurable impacts on changing the environment: declining public benefits of ecosystem services (clean air, water, aesthetic, recreational). Current environmental science understands natural landscapes create "green infrastructure" -- critical support to clean air and water. We already see residential projects inconsistent with the 1995 General Plan. Residents are negatively impacted by the projects. I ask to refrain from exempting CEQA before transparently communicating with property owners residing on Diamond Bar's characteristic natural habitat landscape, so to achieve non -litigious collaborative solutions. Respectfully, toe March 14, 2017 PS.1 request and appreciate written response to this brief. Thanks. Cynthia 'Robin" Smith, Editor, Research & Development, Naturalist Diamond Bar Is Beautiful Blog: www.diamondbarisbeautiful.com California Native Trees, Landscapes; Wildlife Habitat Conservation Diamond Bar Preservation Foundation, 501c3 324 S. Diamond Bar Blvd., #230 Diamond Bar CA 91765 909-861-9920 desk Z. CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR ) I, Stella Marquez, declare as follows: On March 14, 2017, the Diamond Bar Planning Commission will hold a Regular Meeting at 7:00 p.m. at City Hall, Windmill Community Room, 21810 Copley Drive, Diamond Bar, California. I am employed by the City of Diamond Bar. On March 10, 2017, a copy of the Planning Commission Agenda was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 21800 Copley Drive Diamond Bar. CA 91765 Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on March 10, 2017, at Diamond Bar Stella arquez Y CD:\zstel I a\affi d av i tposting. doc