HomeMy WebLinkAboutORD 04(2013)CITY COUNCIL
ORDINANCE NO. 04 (2013)
AN ORDINANCE AMENDING TITLE 22 OF THE DIAMOND BAR
MUNICIPAL CODE SECTION REGARDING EMERGENCY SHELTERS,
TRANSITIONAL AND SUPPORTIVE HOUSING, SINGLE ROOM
OCCUPANCY HOUSING, AND DENSITY BONUSES.
A. RECITALS
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
HEREBY FINDS AND DETERMINES AS FOLLOWS:
1. Pursuant to Planning Case No. PL2012-513, the City of Diamond Bar has
initiated proposed amendments to the Land Use Element of the City of Diamond Bar
General Plan and to the Development Code (Title 22 of the Diamond Bar Municipal
Code) in order to implement policies and programs contained in the Housing Element of
the City of Diamond Bar General Plan.
2. Pursuant to the California Environmental Quality Act, California Public
Resources Code Section 21000 et sec{. ("CEQA") and CEQA's implementing guidelines,
California Code of Regulations, Title 14, Section 15000 et seq., an initial study for the
General Plan and Development Code amendments proposed pursuant to Planning
Case No. PL2012-513 was prepared and it has been determined that the proposed
project qualifies for a Negative Declaration as the proposed project cannot, or will not,
have a significant effect on the environment. In accordance to the provisions of Section
15070 of the CEQA Guidelines, the City prepared and filed a Notice of Availability and
Intent to Adopt Negative Declaration for the project on March 28, 2013, with the Los
Angeles County Clerk. Pursuant to CEQA Section 15105, the public review period for
the Negative Declaration began April 3, 2013, and ended April 22, 2013.
3. On April 23, 2013, the Planning Commission conducted a duly noticed
Public Hearing regarding the General Plan and Development Code amendments
proposed pursuant to Planning Case No. PL2012-513 and adopted Resolution Nos..
2013.08 and 2013-09 respectively, recommending City Council adoption of a Negative
Declaration and approval of the proposed General Plan and Development Code
amendments.
4.. On June 4, 2013, the City Council conducted a duly noticed Public
Hearing regarding the General Plan and Development Code amendments proposed
pursuant to Planning Case No. PL2012-513, and all interested parties were given an
opportunity to be heard.
921912.2
5. During its meeting of June 4, 2013, the City Council adopted Resolution
No. , adopting a Negative Declaration for the General Plan and Development
Code amendments proposed pursuant to Planning Case No. PL2012-513 and
approving the proposed amendments to the General Plan Land Use Element. The
approved General Plan amendment amended Objective 1.1, Strategy 1.1.4 of the Land
Use Element relating to the Light Industrial land use category to specifically
accommodate the need for emergency shelters and single -room occupancy housing as
identified in the Housing Element.
B. ORDINANCE
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES ORDAIN AS FOLLOWS
SECTION 1. Subsection (7) of Section 22.10.020 of Chapter 22.10 of Title 22 of the
Diamond Bar Municipal Code is amended to read as follows:
"(7) 1(light industry) district. The I zoning district is applied to areas appropriate for light
industriallmanufacturing uses including research and development, office -based
industrial uses in an "industrial park" setting, business support services, and commercial
uses requiring larger sites than are available in the commercial zoning districts. The
allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The
zoning district is consistent with the light industrial land use category of the general
plan and intended to accommodate the need for emergency shelter and single -room
occupancy housing identified in the City's Housing Element."
SECTION 2. Table 2-6 of Section 22.10.030 of Chapter 22.10 of Title 22 of the Diamond
Bar Municipal Code is amended to add a new "Miscellaneous" Land Use Category to
the current list of uses, to be placed in alphabetical order, as follows:
2
Permit Requirement by District
LAND USE (1)
G7
C-2
C-3
f
See
Standards
in Section.
MISCELLANEOUS
Emergency
P
22.42.156
Shelters
Single -Room
C
22.42.160
Occupancy
Housing
2
SECTION 3. Section 22.18.010 of Chapter 22.18 of Title 22 of the Diamond Bar
Municipal Code is amended in its entirety to read as follows:
22.18.010. — Affordable Housing Incentives/Density Bonus Provisions.
A. Purpose. The purpose of this section is to implement the incentive programs
provided in the State density bonus regulations (Government Code Sections
65915 through 65918) in order to provide additional opportunities for the
provision of affordable housing within the City of Diamond Bar.
B. Applicability. This Section applies to any residential development of five or more
units, or 35 or more units for a senior housing project, when an applicant
proposes a density increase above the maximum residential density. This
section also applies to density bonuses for land donations in accordance with
Government Code Section 65915. In exchange for the density, a portion of the
units shall be reserved for lower income households, senior households, or
moderate income households (in a common interest development) as provided
in this Section. All such projects shall be subject to development review
requirements of this Title. This section shall be interpreted in a manner
consistent with the State density bonus regulations (Government Code Sections
65915 through 65918), as they may be amended from time to time.
C. Definitions. The following definitions apply to this Section 22.18.010.-
Affordable
2.18.010:
Affordable housing costs are defined in California Health and Safety Code
Sections 50052.5 and 50053.
2. Area Median Income in Diamond Bar is the median income according to
the U.S. Census Bureau, annually adjusted by the Consumer Price Index
for all urban consumers in the Los Angeles -Anaheim -Riverside Area, as
prepared by the U.S. Bureau of Labor Statistics to the current year.
3. Lower income is defined in California Health and Safety Code Section
50079.5.
4. Moderate income is defined in California Health and Safety Code Section
50093.
5_ Very low income is defined in California Health and Safety Code Section
50105.
D. Determination of Density Bonus. Qualified projects that meet the eligibility
requirements set forth in this section shall be granted a density bonus as
outlined below.
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1. In all density calculations, fractional units shall be rounded up to the next
whole number.
2. The density bonus units shall not be included when determining the
percentage of affordable units.
3. The developer can request a smaller density bonus than the project is entitled
to, but no reduction shall be permitted in the number of required affordable
units.
4. Unless otherwise specified, each residential development is entitled to only
one density bonus, and density bonuses from more than one category may
not be combined.
5. The granting of a density bonus and/or related concession(s) or incentive(s)
shall not be interpreted, in and of itself, to require a general plan amendment,
zone change, or other discretionary approval.
6. Pursuant to California Government Code Section 65915.5,
condominium/apartment conversions are not eligible for a density bonus if the
original residential development received a density bonus or other
concessions or incentives in accordance with California Government Code
Section 65915 and/or applicable local law.
TABLE 3-16
MAXIMUM DENSITY BONUS BASED ON AFFORDABLE UNITS PROVIDED
4
0/0
Minimum
Affordable
MaximBonus
Set -Aside
Each
Units
Bonus
Income Group
of
Additional
Needed to
Granted
under
Affordable
1% adds:
Reach
State Law
Units
Maximum
Bonus
Very Low Income
5%
20%
2.5%
35%
11%
Lower Income
10%
206%
1.5%
35%
20%
Moderate Income
(Common Interest
10%
5%
1.0%
35%
40%
Development Only)
4
SeniorCitizen Housing
Development
100%(35-
00%(35-Senior
unit
minimum
project
size)
°
20%
--
°
20%
NA
Land Donation (very low
10%
15%
1%
35%
30%
income projects only)
20 units
35 units
Size
25% (or
5%
10%
10%
100%
Density Bonus
incentive of
20%
5%.
20%
Qualified
equivalent
Total Project
24 units
33% low -to-
21 units
42 units
Units
Condom iniumlApartment
financial
Distribution of
1 Very Low
2 Lower Income
2 Moderate
moderate
Project Units
Income 23
22 Market -Rate
Income 19
Conversions (Pursuant to
value
Market -Rate
California Government
income
Pursuant to
NA
25%
NA
15% very
Code Section 65915.5).
CA Govt
low income
Code
Section
65915.5)
TABLE 3-17
EXAMPLE DENSITY BONUS CALCULATION
Very Low
Lower Income
Moderate
Senior Housing
Income
Income
Initial Project
20 units
20 units
20 units
35 units
Size
Affordable Units
5%
10%
10%
100%
Density Bonus
20%
20%
5%.
20%
Qualified
Total Project
24 units
24 units
21 units
42 units
Units
Distribution of
1 Very Low
2 Lower Income
2 Moderate
42 units
Project Units
Income 23
22 Market -Rate
Income 19
Market -Rate
Market -Rate
E. Specific Requirements.
1. Senior Citizen Housing Requirements.
a. Senior citizen housing development projects shall have a minimum of 35
units and shall meet the requirements described in Section 51.3 of the
California Civil Code or any successor statute or regulation.
b. Mobile home parks shall limit residency based on age requirements for
housing for older persons pursuant to Section 798.76 or 799.5 of the
California Civil Code, or any successor statute or regulation
2. Land Donation Requirements. An applicant for a tentative,map, parcel map or
any other discretionary approval required to construct a residential
development in the City shall receive a 15 percent density bonus for the
residential development when the applicant donates land to the City as
provided in this Chapter. This 15 percent bonus shall be in addition to any
other density bonus provided for in this Section, up to a total combined
density bonus of 35 percent. Applicants are eligible for the 15 percent land
donation density bonus if all of the following conditions are met:
a. The developer shall donate and transfer land to the City prior to approval
of the final map or other discretionary approval required for the residential
development. .
b. The transferred land shall have the appropriate acreage and General Plan
and Zoning designation to permit development of affordable housing for
very low income households.
c. The transferred land shall be at least one acre or of sufficient size to
permit development of at least 40 residential units.
d. The transferred land shall be served by adequate public facilities and
infrastructure.
e. The transferred land and the very low. income units constructed shall have
a deed restriction recorded with the County Recorder, to ensure continued
affordability of the units. The deed restriction shall be recorded on the
property at the time of dedication.
f. The transferred land shall be conveyed in fee simple to the City or to a
housing developer approved by the City.
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g. The transferred land shall be within the boundary of the proposed
residential development, or no more than approximately one-quarter mile
from the boundary of the qualified project, if the City so approves.
h. No later than the date of approval of the -final map or other discretionary
approval required for the residential development, the transferred land
shall have all of the permits and approvals, other than building permits,
necessary for the development of the very low income housing units on
the transferred land.
3. Child Care Facility Requirements
a. The City shall grant either of the following to a density bonus project that
includes a child care facility located on the premises of, or adjacent to, the
project:
An additional density bonus in an amount equivalent to the
square footage of the childcare facility; or
An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the
child care.facility.
b. In order to receive the additional child care density bonus, the project shall
comply with the following requirements:
The child care facility shall remain in operation for a period of
time that is as long as, or longer, than the period of time during
which the density bonus units are required to remain affordable.
Of the children who attend the child care facility, the percentage
of children of very low income, low income, or moderate income
households shall be equal to, or greater than, the percentage of
affordable units required to be set aside for each such group.
c. Notwithstanding any requirement of this Section, the City shall not be
required to provide a density bonus or concession for a child care facility if
it finds, based upon substantial evidence, that the community already has
adequate child care facilities.
F. Standards. A density bonus shall only be granted in conjunction with a
Development Review Permit and shall only be granted if all of the following
conditions are met:
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1. The housing costs of units made available to qualifying households must
not exceed the limits of affordability established pursuant to Section
50052.5 and 50053 of the California Health and Safety Code, as amended.
Determinations of affordability for housing made available for sale or rent to
qualifying households shall be governed by the regulations set forth in Title
25, Section 6910 et seq., of the California Code of Regulations, as
amended.
2. Housing units made available to qualifying households must remain
available to such households, at affordable rates, for a minimum of thirty
(30) years, or such longer period of time specified in loan agreements or
subsidy programs associated with the development project.
3. Prior to issuance of any building permit for the project as a whole, the
developer shall enter into and record an affordable housing agreement with
the City of Diamond Bar, in a form approved by the City, to be recorded
and to run with the land, further describing conditions and covenants
affecting the building, including, but not limited to:
i. The number of and duration of the affordability for the affordable
units;
ii. The method in which the developer and the city are to monitor
the affordability of the subject affordable units and the eligibility
of the tenants or owners of those units over the period of the
agreement;
iii. The method in which vacancies will be marketed and filled;
iv. . A description of the location and unit type (bedrooms, floor area,
etc.) of the affordable units within the project; and
V. Standards for maximum qualifying household incomes and
standards for maximum rents or sales prices.
4. The developer shall verify income data for each qualifying household for
the purpose of establishing eligibility and affordable housing costs.
5. Housing units which are made available to qualifying households shall be
constructed so as to resemble and be compatible with all other units in the
same development. Affordable units shall be constructed concurrently with
the market -rate units and be dispersed throughout the project, unless both
the City Council and developer agree to an alternative construction
schedule and distribution pattern.
G. Concessions or Incentives. In compliance with State law, developers that
request a density bonus to provide on-site affordable housing are also eligible to
M
receive up to three (3) concessions or incentives, based on the type and scope
of the project, as follows:
Target Group
Target Units
Very Low Income
5%
10%
15%
Lower Income
10%
20%
30%
Moderate Income (Common Interest Development Only)
10%
20%
30%
Concessions/incentives *
1 1
2
3
*Child care facility: When a qualified project includes a child care facility, the applicant shall be
entitled to receive one additional incentive.
1. The review authority shall approve a requested concession or incentive for a
proposed project that the developer satisfactorily demonstrates will result in
identifiable, financially sufficient, and actual project cost reductions, unless the
review authority makes a written finding, based on substantial evidence, of any of
the following:
a. The concession or incentive is not required in order to provide
for affordable housing costs or for rents for the targeted units to be set aside;
b. The concession would have a specific adverse impact, as
defined in Section 65589.5(d)(2) of the California Government Code, upon public
health and safety or the physical environment or on any real property that is
listed in the California Register of Historical Resources and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact
without rendering the development unaffordable to low- and moderate -income
households, or
c. The concession would be contrary to State or Federal law.
2. Menu of Con cessionsllncentives. Concessions or Incentives that a developer
may request include those of the type set forth in subsection (k) of Section 65915
of the California Government Code, including the following:
a. Relaxation or other modification of zoning standards regulating such items
as setbacks height limitations, distances between buildings, required
parking, parking development standards, projections into yards, and the
like, which result in identifiable, financially sufficient, and actual cost
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reductions. No separate variance application will be required for any
modification of standards. However, the approved plans and application
shall identify the zoning standards modifications which have been
incorporated into the project.
b. Modification of architectural regulations ordinarily applied to a residential
development project.
c. Regulatory concessions resulting in identifiable, financially sufficient, and
actual cost reductions, including, but not limited to, fee waivers, expedited
permit processing and reduction of off-site improvements.
d. The assignment of Section 8 housing assistance payments, as available,
to the applicants for the targeted housing units.
e. Other regulatory incentives or concessions proposed by the developer or
the City, which result in identifiable, financially sufficient, and actual project
cost reductions.
3. Parking Incentives.
A. Notwithstanding any other provision of this. Title, if requested by the developer,
the minimum number of off-street parking spaces, inclusive of handicapped and guest
parking spaces, required to be provided for all units within a qualifying density bonus
housing development shall be as follows:
Number of Bedrooms Required Parking Spaces per Unit`
0 to 1 bedroom 1
2 to 3 bedrooms 2
4 or more bedrooms 2.5
If the total number of spaces required results in a fractional number, it
shall be rounded up to the next whole number.
H. Project Review Procedures. All project applications for which a density bonus is
being requested shall be subject to the issuance of a Development Review
Permit, provided, further, that the following additional project review procedures
shall be imposed:
1. A pre -application shall be made by the project applicant, and the project
applicant and the City shall conduct a pre -application meeting. The
purpose of the pre -application and pre -application meeting will be to
review any preliminary development plans prepared by the developer and
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to discuss the additional project concessions or incentives sought by the
developer.
2. In accordance with California Government Code Section 65915, and in
addition to the concessions/incentives provided for in Subsection G above,
a developer may request a waiver or modification of any development
standard that the developer can demonstrate physically precludes the
construction of the development at the allowable density and/or with the
incentives permitted in this Section. If the City finds that the development
standard physically precludes the construction of a development that
would otherwise be permitted under this Section, the City may only deny
the request for waiver or modification if it finds that:
The waiverlmodification would have a specific, adverse impact
upon the health, safety or the physical environment, or on any real
property that is listed in the California Register of Historical
Resources, and there is no feasible method to satisfactorily mitigate
or avoid the specific adverse impact; or
The waiver or modification would be contrary to State or Federal
law.
3. No special application for density bonus shall be required. However, the
request for a density bonus and proposals for con cessions/ince ntives or
waivers/modifications of development standards, shall be made in writing
at the time of filing the Development Review application and shall be
processing in conjunction with the underlying application. The request
shall identify the specific density bonus, concessions/incentives
.requested, and any development standards to be waived/modified. In
addition, for all con cessionslincentives requested, the developer/applicant
shall provide the City with detailed financial statements and/or other
evidence that the requested concessions/incentives will result in
identifiable, financially sufficient, and actual project cost reductions. Upon
approval of a housing development project pursuant to this Section, the
Planning Division shall note in the project record that a density bonus has
been granted, and the approved plans and application shall identify all
concessions and incentives and/or waivers and modifications granted and
any special conditions imposed on the project to ensure unit affordability.
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SECTION 4_ A new Section 22.42.150 is added to Chapter 22.42 of Title 22 of the
Diamond Bar Development Code to read as follows:
Section 22.42.150. Emergency Shelters.
In addition to other applicable standards set forth in this Code, emergency shelters shall
also be subject to the following development standards:
1. Each resident shall be provided a minimum of 50 gross square feet of personal
living space per person, not including space for common areas. In no case shall
occupancy exceed 30 residents at any one time. Bathing facilities shall be provided in
quantity and location as required in the California Plumbing Code (Title 24 Part 5), and
shall comply with the accessibility requirements of the California Building Code (Title 24
Part 2).
2. Off-street parking shall be provided as set forth in Chapter 22.30, except that the
number of off-street parking spaces provided shall be one (1) parking space per four (4)
adult beds, plus one space for each employee on the largest shift. Notwithstanding this
requirement, the required number of off-street parking spaces shall not exceed the
spaces required for similar uses of the same size in the I zone.
3. Outdoor activities such as recreation, drop-off and pick-up of residents, or similar
activities may be conducted at the facility. Staging for drop-off, intake, and pickup shall
take place inside a building, at a rear or side entrance, or inner courtyard. Emergency
shelter plans must show the size and location of any proposed waiting or resident intake
areas, interior or exterior.
4. Prior to commencing operation, the emergency shelter provider shall prepare and
file with the City, for review and approval of the Director of Community Development, a
written management and operations plan. The management and operations plan shall
include, without limitation, hours of operation, staffing levels, provisions for staff training,
resident identification process, maximum length of stay, neighborhood outreach,
policies regarding pets, the timing and placement of outdoor activities, temporary
storage of residents' personal belongings, safety and security, loitering control,
management of outdoor areas, screening of residents to ensure compatibility with
services provided at the facility, and training, counseling and social service programs for
residents, as applicable.
5. No more than one emergency shelter is permitted within a radius of three
hundred (300) feet from another emergency shelter.
B. Individual occupancy in an emergency shelter is limited to six months total in any
12 month period.
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7. Exterior lighting shall be provided at all building entrances and outdoor activity
areas, and shall be activated between sunset and sunrise of each day. All exterior
lighting shall comply with Section 22.16.050.
8. Each emergency shelter shall have an on-site management office, with at least
one employee on duty at all times the emergency shelter is in operation or is occupied
by at least one resident.
9. Each emergency shelter shall have on-site security employees, with at least one
security employee on duty at all times the emergency shelter is in operation or is
occupied by at least one resident.
10. Facilities must provide a storage area for refuse and recyclables that is enclosed
by a six-foot high landscape screen, solid wall or fence, which is accessible to collection
vehicles on one side. It must be large enough to accommodate the number of bins that
are required to provide the facility with sufficient service so as to avoid the overflow of
material outside of the bins provided.
11. The emergency shelter facility may provide one or more of the following specific
facilities and services, including but not limited to:
a. Commercial kitchen facilities designed and operated in compliance with the
California Retail Food Code;
b. Dining area;
C. Laundry;
d. Recreation room;
e. Support services (e.g., training, counseling); and
f. Child Care Facilities
12. Applications for emergency shelters shall be submitted to the Community
Development Director, and if the application meets all applicable standards, including
design, development, and any other state or local requirement, the application shall be
approved ministerially by the Director. The Director may not disapprove an application
for an emergency shelter unless he or she makes written findings, based upon
substantial evidence in the record, as to one of the following:
(1) The City has met or exceeded the need for emergency shelters as identified in
the Housing Element, and that the disapproval is not based on any of the reasons
prohibited by California Government Code Section 65008.
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(2) The emergency shelter would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact without rendering the development of the emergency shelter
financially infeasible. As used in this paragraph, a "specific, adverse impact" means a
significant, quantifiable, direct, and unavoidable impact, based on objective, identified
written public health or safety standards, policies, or conditions as they existed on the
date the application was deemed complete.
(3) The denial of the project or imposition of conditions is required in order to comply
with specific state or federal law, and there is no feasible method to comply without
rendering the development of the emergency shelter financially infeasible. .
(4) . The emergency shelter is proposed on land zoned for agriculture or resource
preservation that is surrounded on at least two sides by land being used for agricultural
or resource preservation purposes, or which does not have adequate water or
wastewater facilities to serve the project.
(5) The emergency shelter is inconsistent with both the Development Code and
General Plan land use designation as specified in any element of the general plan as it
existed on the date the application was deemed complete, and the jurisdiction has
adopted a revised housing element in accordance with Government Code Section
65588 that is in substantial compliance with state law.
SECTION 5. A new Section 22.42.160 is added to Chapter 22.42 of Title 22 of the
Diamond Bar Development Code to read as follows:
22.42.160. Single -Room Occupancy Housing (SRO).
Single -Room Occupancy Housing shall conform to the following standards:
i. The minimum size of a unit shall be 150 square feet and the maximum shall be
375 square feet, which may include bathroom and kitchen facilities, and shall be
limited to maximum two persons per unit.
ii. Each unit shall be provided a kitchen sink with a garbage disposal, serviced with
hot and cold water, and a counter flop measuring a minimum of 18 inches wide by
24 inches deep. If each individual unit is not provided with a minimum of a
refrigerator and a microwave oven, a complete kitchen facility consisting of a
range, sink with garbage disposal, and refrigerator shall be provided on each
floor of the structure for residents.
iii. For each unit a private toilet in an enclosed compartment with a door shall be
provided. This compartment shall be a minimum of 20 square feet. If private
bathing facilities are not provided for each unit, shared shower or bathtub
facilities shall be provided at a ratio of one for every seven units. The shared
14
shower or bathtub facility shall be on the same floor as the units it is intended to
serve and shall be accessible from a common area or hallway. Each shared
shower or bathtub facility shall be provided with an interior lockable door.
iv. Twenty -four-hour on-site management shall be provided at an SRO. The
applicant shall provide a copy of the proposed rules and residency requirements
governing the SRO. The management shall be solely responsible for the
enforcement of all rules that are reviewed and approved by the City as part of the
Conditional Use Permit.
V. A Management Plan to address operations, safety and security and building
maintenance shall be submitted to the Director of Community Development for
review and approval prior to issuance of Certificate of Occupancy.
vi. Off-street parking shall be provided as set forth in Chapter 22.30, except that the
number of off-street parking spaces provided shall be one parking spaces per
unit, plus two parking spaces for on-site management.
vii. The building shall contain a minimum of 250 square feet of common space such
as recreation areas, lounges, and living spaces. An additional 10 square feet of
common space is required per rooming unit over 11 units. Shared bathroom
facilities, laundries, hallways, the main lobby, vending areas and shared kitchens
shall not be counted as common space.
viii. If laundry facilities are not provided in each unit, common laundry facilities shall
be provided on-site.
ix. Garbage disposal and receptacles are to be provided by the property owner as
set forth under Chapter 8.16 of Title 8. Garbage receptacles shall be located on
the property in a manner that does not hinder access to any required off-street
parking or loading spaces.
X. No more than one single room occupancy development is permitted within a
radius of one-quarter mile (1,320 feet) from another single room occupancy
development.
SECTION 6. Section 22.48.040 of Chapter 22.48 of Title 22 of the Diamond Bar
Municipal Code is amended to add a new subsection (7) to read as follows:
(7) For projects utilizing the affordable housing density bonus provisions in Section
22.18.010, the proposed project meets the requirements of Section 22.18.010.
SECTION 7. The alphabetical list of definitions in Section 22.80.020 of Chapter 22.80 of
Title 22 of the Diamond Bar Municipal Code is amended to add the following definitions
to read as follows:
Emergency shelter. A facility that provides housing with minimal supportive'services for
homeless persons or families that is limited to occupancy of six months or less by a
homeless person.
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Single -Room Occupancy Housing (SRO). A multi -tenant facility, other than a group
home or group residential facility, providing individual secure rooms for one or two
person households as their primary residence, which may have individual or shared
kitchen and/or bathroom facilities. SRO units are rented on a monthly basis or longer.
Supportive housing. Housing configured as rental housing developments with no limit
on length of stay, that is occupied by the target population as defined in Section
50675.14 of the California Health and Safety Code, and that is linked to onsite or offsite
services that assist the supportive housing resident in retaining the housing, improving
his or her health status, and maximizing his or her ability to live, and when possible,
work in the community. Supportive housing shall be considered a residential use
subject to the same standards as other similar residential uses of the same type in the
same zone, based upon the predominant operating characteristics of the use.
Supportive housing does not include parolee -probationer homes; nor does twiis definition
include commercial lodging facilities providing prenatal and/or postnatal
accommodations.
Transitional housing. Housing configured as rental housing developments, but operated
under program requirements that call for the termination of assistance and recirculation
of the assisted unit to another eligible program recipient at some predetermined future
point in time, which shall be no less than six months, pursuant to Subsection (h) of
Section 50675.2 of the California Health and Safety Code. Transitional housing shall be
considered a residential use subject to the same standards as other similar residential
uses of the same type in the same zone, based upon the predominant operating
characteristics of the use. Transitional housing does not include parolee -probationer
homes, nor does this definition include commercial lodging facilities providing prenatal
and/or postnatal accommodations.
SECTION 8. ENVIRONMENTAL REVIEW. City Council Resolution No,
adopting a Negative Declaration for the General Plan and Development Code
amendments proposed pursuant to Planning Case No. PL2012-513 is hereby
incorporated herein by reference with the same force and effect as if set forth in full.
SECTION 9. GENERAL PLAN CONSISTENCY, The City Council hereby finds and
determines that the amendments to the Development Code made pursuant to this
Ordinance are internally consistent with the City of Diamond Bar General plan and other
adopted goals and policies of the City. The Housing Programs identified in Section V B
of the 2008-2014 adopted Housing Element provide for the City to amend the
Development Code to implement the provisions of Senate Bill (SB) 2 and Senate Bill
(SB) 1818. Specifically, in accordance with SB 2, Housing Program No. 12 provides that
the City will develop specific development standards for emergency shelters and identify
a zone in which such facilities are permitted by right and will clarify that transitional and
fil
supportive housing are residential uses subject to the same standards as other
residential uses of the same type in the same zone. Section V -B of the Housing
Element also provides that it is the policy of the City to provide adequate housing sites
to achieve a variety and diversity of housing, including providing zoning to encourage
and facilitate low-cost options such as single -room occupancy housing. Objective 1.1,
Strategy 1.1.4 of the Land Use Element relating to the Light Industrial land use
designation provides that the Light Industrial (1) land use designation is intended to
accommodate the need for emergency shelters and single -room occupancy housing as
identified in the City's Housing Element. This Ordinance amends the Development
Code to include specific development standards for emergency shelters and single -
room occupancy housing and to permit and/or conditionally permit such uses in the
(Light Industry) zoning district, which corresponds to the Light Industrial land use
designation in the Land Use Element. In addition, in accordance with SB 1818, Housing
Program No. 14 provides that the City will consider appropriate changes to the density
bonus provisions of the Development Code to address the provisions of SB 1818. This
Ordinance amends the provisions of the Development Code pertaining to density bonus
housing developments to be consistent with the provisions of SB 1818 and related State
law.
SECTION 10. SEVERABILITY. If, any part or provision of this Ordinance or the
application to any person or circumstance is held invalid, the remainder of this
Ordinance, including the application of such part of provision to other persons or
circumstances, shall not be affected and shall continue in full force and effect. To this
end, the provisions of this Ordinance are severable.
SECTION 11. PUBLICATION. The City Clerk shall certify as to the passage and
adoption of this ordinance and shall cause the same, or a summary thereof, to be
published and posted pursuant to the provisions of law.
SECTION 12. EFFECTIVE DATE. This ordinance shall go into effect and be in full
force and operation from and after thirty (30) days after its final passage and adoption.
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JUNE 2013, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
Jack Tanaka, Mayor
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1, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the 4th day of June, 2013 and was finally passed at a
regular meeting of the City Council held on the 18th day of June, 2013, by the following
vote.-
---------- -------
ote:
----------------- bhang , Herrera, Tye, MPT/Everett,
M/Tanaka
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
Tom ye Cribbins, City Cierk
City of Diamond Bar
18