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HomeMy WebLinkAbout04/23/2013 PC AgendaPLANNING FILE COPY COMMISSION AGENDA April 23, 2013 7:00 P.M. City Hall Windmill Community Room 21810 Copley Drive Diamond Bar, CA 91765 Chairman Vice Chairman Commissioner Commissioner Commissioner Steve Nelson Tony Torng Frank Farago Jimmy Lin Jack Shah Copies of staff reports or other written documentation relating to agenda items are on file 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 accommodation(s) 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. 1ll1�41 �`D Iii11:I `fid Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium 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 number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes 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 PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info(a)ci diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, April 23, 2013 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2013-08 ROLL CALL: COMMISSIONERS: Chairman Steve Chairman Tony Torng, Frank Farago, Jimmy Lin, Jack Shah 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Nelson, Vice 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 Plannina Commission. 3. APPROVAL OF AGENDA: Chairman 4. 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: 4.1 Minutes of Regular Meeting: March 12, 2013. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. PL2010-373 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant and property owner, Horizon Pacific (c/o: Jerry Yeh), is requesting Development Review approval to construct a new single-family residence consisting of 10,186 square feet of living space; 1,323 square -foot garage/storage/utility space; and 482 square - foot cabana on a 0.98 gross acre (42,762 square -foot) lot. The subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. APRIL 23, 2013 PAGE 2 PLANNING COMMISSION AGENDA Project Address: 22590 Pacific Lane (Lot 3) Diamond Bar, CA 91765 Property Owner/ Horizon Pacific, Jerry Yeh Applicant: 20888 Amar Road, #203 Walnut, CA 91789 Environmental Determination: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA,). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15303 (a) (one single-family residence in a residential zone) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission continue the matter to May 14, 2013, to allow the applicant sufficient time to post the site with a public hearing notice. 7.2 Development Review No. PL2010-372 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant and property owner, Horizon Pacific (c/o: Jerry Yeh), is requesting Development Review approval to construct a new single-family residence consisting of 10,018 square feet of living space; 1,300 square -foot garage/storage/utility space; and a 452 square - foot detached tatami room on a 0.98 gross acre (42,719 square -foot) lot. The subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. Project Address: 22588 Pacific Lane (Lot 4) Diamond Bar, CA Property Owner/ Horizon Pacific, Jerry Yeh Applicant: 20888 Amar Road, #203 Walnut, CA 91789 Environmental Determination: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15303 (a) (one single-family residence in a residential zone) of the CEQA Guidelines. No further environmental review is required APRIL 23, 2013 PAGE 3 PLANNING COMMISSION AGENDA Recommendation: Staff recommends that the Planning Commission continue the matter to May 14, 2013, to allow the applicant sufficient time to post the site with a public hearing notice. 7.3 PL2012-513 — 2008-2014 Housing Element Implementation — Amendments to Title 22 of the Diamond Bar Municipal Code ("Development Code') and Related Amendment to the Land Use Category of the General Plan Land Use Element. The City of Diamond Bar proposes to amend certain sections of the Development Code and the I (Light Industrial) land use category of the General Plan Land Use Element in order to implement policies and programs contained in the City's certified 2008-2014 Housing Element. These amendments fall into the following three categories: 1. Establishment of zoning standards for emergency shelters and transitional/supportive housing to be in compliance with Senate Bill 2 (SB2). The proposed Development Code Amendment establishes the I (Light Industry) zone to be the zoning district in which emergency shelters may be established by right; and affirms SB2's mandate that transitional/supportive housing shall be treated as a residential use subject only to the same requirements as other residential uses of the same type in the same zone. The I (Light Industrial) land use category of the General Plan Land Use Element would be amended to accommodate the need for emergency shelter identified in the Housing Element. 2. Establishment of zoning regulations for single -room occupancy (SRO) housing. The Development Code Amendment identifies the I (Light Industry) zone to allow housing for single -room occupancy units with a conditional use permit. The (Light Industrial) land use category of the General Plan Land Use Element would be amended to accommodate the need for single -room occupancy housing identified in the Housing Element. 3. Amendment to existing density bonus provisions to be in compliance with Senate Bill 1818. Chapters 22.10, 22.18, 22.42, 22.48, and 22.80 are proposed to be amended and new Sections 22.42.150, 22.42.160 and 22.42170 are proposed to be added to the Development Code in order to incorporate all of the above provisions. Project Address: Citywide Property Owner/ City of Diamond Bar Applicant: APRIL 23, 2013 R1 Pi 10. PAGE 4 PLANNING COMMISSION AGENDA Environmental Determination: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). In accordance with CEQA Section 15070, the City prepared and filed an Initial Study and Notice of Intent to Adopt a Negative Declaration for this 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. The document is also available for review at City Hall. Recommendation: Staff recommends that the Planning Commission recommend that the City Council adopt Amendments to Title 22 of the Diamond Bar Municipal Code and Related Amendment to the Land Use Category of the General Plan Land Use Element — Planning Case No. PL2012-513. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects: SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PLANNING COMMISSION MEETING: 11. ADJOURNMENT: Thursday, April 25, 2013 Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Tuesday, May 7, 2013 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, May 9, 2013 - 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Tuesday, May 14, 2013 Diamond Bar City Hall Windmill Community Room 21810 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR DRA97-7 REGULAR MEETING OF THE PLANNING COMMISSION MARCH 12, 2013 CALL TO ORDER: Vice Chairman Nelson called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farago, Jack Shah, Tony Torng, Vice Chairman Steve Nelson Absent: Chairman Jimmy Lin was excused. Also present: Greg Gubman; Community Development Director; Grace Lee, Senior Planner; Natalie Tobon, Assistant Planner; Josue Espino, Contract Planner; and Stella Marquez, Administrative Coordinator. 2. REORGANIZATION OF THE PLANNING COMMISSION: C/Torng nominated C/Nelson to serve as Chairman. C/Shah seconded the nomination. There were no other nominations offered. C/Nelson was approved to serve as Chairman of the Planning Commission by the following Roll Call vote: C/Torng Yes C/Shah Yes C/Farago Yes C/Nelson Abstain C/Lin Absent C/Shah nominated C/Torng to serve as Vice Chairman of the Planning Commission. C/Farago seconded the nomination. There were no other nominations offered. C/Torng was approved to serve as Vice Chairman of the Planning Commission by the following Roll Call vote: C/Shah Yes C/Farago Yes C/Torng Abstain Chair/Nelson Yes C/Lin Absent 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS 4. APPROVAL OF AGENDA: As presented None MARCH 12, 2013 5. CONSENT CALENDAR: PAGE 2 PLANNING COMMISSION 5.1 Minutes of the Regular Meeting of February 26, 2013. VC/Torng moved, C/Shah seconded, to approve the Minutes of the Regular Meeting of February 26, 2013, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: C/Lin 6. OLD BUSINESS: None 7. NEW BUSINESS: None 8. CONTINUED PUBLIC HEARING(S): 8.1 One Year Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 — Under the authority of Diamond Bar Municipal Code Section 22.66.050, applicant Joe Kwok submitted a request for a one-year extension of time to begin construction on a nine -unit residential condominium project on a 0.62 acre lot. The project was approved on November 20, 2007, with a three (3) year timeframe to obtain building permits and begin construction. On February 4, 2011, the project was approved for a one-year time extension and on April 3, 2012, the project was approved for an additional one- year time extension (Continued from February 26, 2013). PROJECT ADDRESS: 23671 Golden Springs Drive Diamond Bar, CA 91765 PROPERTY OWNER: GSDB Investment, LLC 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 APPLICANT: Joseph Kwok 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 AP/Tobon presented staff's report and recommended that the Planning Commission recommend City Council approval of the One Year Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Shah asked when the one-year extension would expire and AP/Tobon responded that it would end in November 2013. C/Shah asked how many times MARCH 12, 2013 PAGE 3 PLANNING COMMISSION the applicant can request an extension and CDD/Gubman responded that there are two components to this entitlement — one is the Tract Map for the condominium subdivision of the site and the second is for the architectural approval. There have been three bills passed by the legislature since 2009 granting automatic extensions to Tentative Tract Maps so while normally an applicant would be limited to two extensions for the Tract Map under the City's Subdivision Code, the state supersedes all local time limits with Tract Maps by having added a total of five years to the initial expiration. Therefore, the Map is automatically extended without any action on the City's part. In essence, the only decision-making matter at hand with this project is the extension of the architectural approval to track with the expiration of the condominium map. There are no limits to the number of times the City Council can extend the architectural approval. The initial approval period is two years after which the applicant may request extensions on an annual basis. Chair/Nelson reopened the public hearing. Joseph Kwok, applicant, stated that last year the project finally obtained approval for its sewer map and grading plans and he has been working on getting the construction plans in place which are anticipated to be completed fairly soon so that they can be submitted in the next couple of weeks. Hopefully, this will be the last time he will be requesting an extension. Chair/Nelson closed the public hearing. C/Torng moved, C/Farago seconded to recommend City Council approval for the One Year Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: C/Lin 9. PUBLIC HEARING(S): 9.1 Conditional Use Permit No. PL2012-1107 — Under the authority of Diamond Bar Municipal Code Section 22.58, applicant U.S. Arts & Design and property owner Kenny Yu requested a Conditional Use Permit to operate a 2,600 square foot art school within Golden Springs Plaza, a 52,460 square foot center. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 20657 Golden Springs Drive, Unit 210 Diamond Bar, CA 91765 r ` E]RAF T MARCH 12, 2013 PAGE 4 PLANNING COMMISSION PROJECT OWNERS; Kenny Yu 20657 Golden Springs Drive, Unit 102 Diamond Bar, CA 91765 APPLICANT: U.S. Arts & Design 17412 Colima Road Rowland Heights, CA 91748 CP/Espino presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PL2012-1107, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Shah asked if the hours of the business were intended to be 9:00 a.m. to 6:00 p.m. and CP/Espino responded "yes." VC/Torng said he did not see a drawing for the design of the room on the map. CP/Espino offered VC/Torng a copy of the floor plan for his perusal. Chair/Nelson asked the record to reflect that the Commission had been handed a floor plan of the facility. VC/Torng asked if there were seven teachers for seven classrooms and CP/Espino said the rooms would include office personnel, a receptionist and four instructors, one for each of the four classrooms that run down the left side of the plan. As one enters the unit on the right side (of the plan) there is a reception area, office, meeting room and conference room along with an open studio area toward the back. Chair/Nelson asked that CP/Espino step up to the dais to review the plans with the Commissioners and then go through the same steps with the audience members. VC/Torng asked for cautious consideration of the parking demand. Based on staff's study the parking spaces are adequate and it would be helpful to consider the other businesses in the center because the parking will fill up quickly since there are only 243 parking spaces. He asked if 24 parking spaces was a reasonable amount for the proposed project. The study shows a potential maximum of 64 parking spaces being used. CP/Espino told VC/Torng that he was correct. The code requirement would call for only 20 spaces. Thirty spaces were approved for the music school which takes into account the overall demand. So for the art studio, the overall demand that staff calculated would at worst case scenario, be at 67, which is a very narrow window on Fridays assuming all businesses would be operating at a peak level. VC/Torng said that his point was that when staff comes back to the Planning Commission in six months he would like more detailed information about the entire shopping center with respect to what other types of businesses are included so that the proposed number of parking spaces for the art studio would be more easily justified. Already, two businesses occupy nearly 20 percent of the available shopping �' N a .g MARCH 12, 2013 PAGE 5 PLANNING COMMISSION center parking spaces and one-tenth of the total square footage of the shopping center. He said he is not concerned at this time; however, he is concerned about the future. CDD/Gubman thanked VC/Torng for his comments and stated that when staff comes back to the Commission a more thorough and understandable breakdown of the relationship between the parking requirements and the business/parking demands compare. Staff will include some discussion about how, although an individual business at a peak time may generate a demand that is a significant percentage of the overall parking provided, since there is a diversity of business hours within that center, two businesses can basically occupy the same parking spaces in time. At this time and based on the analysis, staff is confident that all parking demands can be met onsite with some surplus. The reason for the six- month follow is to make certain the analysis is on point and to determine whether there are any additional issues that may arise which might require adjustments to operating hours to eliminate any potential conflicts. VC/forng thanked CDD/Gubman for his explanation. C/Shah said that on the north side of the plan on the exterior corridor it looks to him like there is a staircase. CP/Espino explained that this is the architectural projection from the building where there is an art element. It is not a staircase. C/Shah said that it looked like a pergola on the second floor. CDD/Gubman referred C/Shah to the color photo on Page 5 of staff's report which shows a similar architectural feature on the left side of the building at the second floor level (a radius fascia) and just below that is what looks like an upturned awning type of architectural feature. C/Shah said that on the drawing it shows other businesses across the corridor. CP/Espino went to the dais to explain that what C/Shah was observing were parking spaces at the end of the building. Chair/Nelson opened the public hearing. Peter. Chen, U.S. Arts & Design, explained that this site is an after-school teaching center which teaches only drawing and painting. This center provides fundamental art and some consulting service for high school students who expect to enter top universities with a portfolio of art work. U.S. Art Academy commenced doing business in 2000. In addition to the Diamond Bar site, there are sites in Rowland Heights, Irvine, Pleasanton and an affiliated location in San Diego. In January 2013, a site was opened in Arcadia. The academy has great expectations for the Diamond Bar site. Currently, about one-third of the Rowland Heights participants come from Diamond Bar and some of the parents have requested for many years that they would like a school in Diamond Bar so that their kids could be closer to home. Once the Diamond Bar school is open it will allow more participation from Walnut, Chino and Chino Hills. The proposal for Diamond Bar is for four teachers for each of four classrooms for teaching drawing and one portfolio studio with one professional instructor to help students. There is one room for consulting with parents and one meeting room. In the front MARCH 12, 2013 PAGE 6 RErp, r,7' R ,• V , PLANNING COMMISSION will be an office manager and receptionist for a total of seven employees. With respect to parking, the art classes are very different from music classes. Some of the music classes require that parents sit with their students which would mean more parking for two hours. Conversely, parents drop off and pick up students from the art school. The Rowland Heights studio has never experienced a parking problem. VC/Torng asked Mr. Chen if he read and agreed with the conditions of approval for this project and Mr. Chen responded yes, that they would follow all of the rules and requirements. Chair/Nelson closed the public hearing. Chair/Nelson commented that as the state budget goes with respect to education, it is apparent that the arts will be cut out and he commends this kind of a project and this kind of a culture. C/Shah moved, VC/Torng seconded, to approve Conditional Use Permit No. PL2012-1107. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Farago, Shah, VC/Torng, Chair/Nelson None C/Lin 10. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah congratulated Chair/Nelson and VC/Torng on their appointments. VC/Torng congratulated Chair/Nelson and thanked his colleagues for their support in his new position. He said he felt the Planning Commission would have a good year and he thanked staff for their reports. Chair/Nelson echoed VC/Torng's comments. 11. STAFF COMMENTS/INFORMATIONAL ITEMS: 11.1 Public Hearing dates for future projects. CDD/Gubman congratulated Chair/Nelson and VC/Torng on their appointments. Having worked with both individuals previously, he knows what he needs to do. After more than a year in the City Hall tonight was the first time the equipment malfunctioned. However, staff made it through the evening and appreciates the Commissions indulgence. Hopefully, the problems will be resolved for the March 26 meeting for which there is one item on the agenda, an addition to a single family residence on High Knob. 12''DoU A 77 T MARCH 12, 2013 PAGE 7 PLANNING COMMISSION CDD/Gubman announced that with respect to the Shell Station at Palomino and Diamond Bar Boulevard, the court accepted the City's petition to have the property taken over by a court-appointed receiver and this week the receiver will be meeting with perspective contractors on-site and shortly after, a contractor will be selected. There is a process that needs to be navigated through the courts to secure the funding and to get the signoff's to actually proceed with the work; however, the City is well underway toward that end. While the work will not be immediately commencing, the City is mobilizing its efforts which the property owner failed to do when the property was under their control. The City will be installing chain link fencing by the end of this week to secure the site and to hopefully provide some indication that progress has forward momentum. The public has grown weary of the deteriorating conditions on the property and the City did not realize that the legal proceedings could be so protracted; however, staff is very relieved to have finally reached the milestone that will enable the City to see the project completed and operational so that the City will once again be earning sales tax from a business that is in a "very important" category to the City's sales tax base. C/Shah asked what business would be established at the site. CDD/Gubman responded that most likely it will be a Shell Station. Staff believes that the most likely purchaser of the property would be one that has a long relationship with Shell. C/Shah asked if plans were still in the making for a Wal Mart to move to the old Ralph's market. CDD/Gubman responded that he has heard nothing since the article in The Patch came out and has nothing to report at this time. 12. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:42 p.m. The foregoing minutes are hereby approved this 23rd day of April, 2013. Attest: Respectfully Submitted, Greg Gubman Community Development Director Steve Nelson, Chairman . PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: PROPERTY OWNER/ APPLICANT: 7.1 April 23, 2013 Development Review No. PL2010-373 22590 Pacific Lane, Diamond Bar, CA 91765 (Lot 3) Horizon Pacific, Jerry Yeh 20888 Amar Road, #203 Walnut, CA 91789 RECOMMENDATION: Staff recommends that the Planning Commission continue this matter to Tuesday, May 14, 2013, to allow the applicant time to post the site with a public hearing notice board at least 10 days prior to the hearing date. Prepared by: Natalie Tobo Assistant Planner PLANNING COMMISSION FA .Tejgj,.. � CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: PROPERTY OWNER/ APPLICANT: 7.2 April 23, 2013 Development Review No. PL2010-372 22588 Pacific Lane, Diamond Bar, CA 91765 (Lot 4) Horizon Pacific, Jerry Yeh 20888 Amar Road, #203 Walnut, CA 91789 RECOMMENDATION: Staff recommends that the Planning Commission continue this matter to Tuesday, May 14, 2013, to allow the applicant time to,post the site with a public hearing notice board at least 10 days prior to the hearing date. Prepared by: Natalie Tobon Assistant Planne PLANNING COMMISSION FTATEIAZ•� .,. CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NO. 7.3 MEETING DATE: April 23, 2013 CASE/FILE NUMBER: Implementation of 2008-2014 Housing Element — Amendments to Title 22 of the Diamond Bar Municipal Code ("Development Code") and Related Amendment to the General Plan Land Use Element (Planning Case No. PL2012-513) PROJECT LOCATION: Citywide APPLICATION REQUEST: To amend the following sections of Title 22 of the Diamond Bar Municipal Code: 22.10, 22.18, 22.42, 22.48 and 22.80, add the following sections: 22.42.150 and 22.42.160; and amend General Plan Land Use Element, Objective 1.1, Strategy 1.1.4 APPLICANT: City of Diamond Bar Community Development Department Summary The City of Diamond Bar proposes to amend certain sections of the Development Code and General Plan Land Use Element in order to implement policies and programs contained in the City's certified 2008-2014 Housing Element. These amendments fall into the following three categories: 1. Establishment of zoning standards for emergency shelters and transitional/supportive housing to be in compliance with Senate Bill 2 (SB 2). The proposed Development Code Amendment (i) establishes the I (Light Industry) zone to be the zoning district in which emergency shelters may be established by right; and (ii) affirms SB 2's mandate that transitional/supportive housing shall be treated as a residential use subject only to the same requirements as other residential uses of the same type in the same zone. The I (Light Industrial) land use category of the General Plan Land Use Element would 922624.1 also be amended to accommodate the need for emergency shelter identified in the Housing Element; 2. Establishment of zoning regulations for single -room occupancy (SRO) housing. The Development Code Amendment identifies the I (Light Industry) zone to allow housing for single -room occupancy units with a conditional use permit. The I (Light Industrial) land use category of the General Plan Land Use Element would be amended to accommodate the need for single -room occupancy housing identified in the Housing Element; and 3. Amendment to existing density bonus provisions to be in compliance with Senate Bill 1818. No development is currently proposed in connection with this Development Code Amendment. All of the proposed amendments are implementation actions of the City's 2008-2014 Housing Element and are necessary in order for the City to ensure continued conformance with state law. After holding the public hearing, staff recommends that the Planning Commission recommend approval of amendments to the I (Light Industrial) land use category of the General Plan Land Use Element and to certain sections of the Development Code — Planning Case No. PL2012-513 — to the City Council, by adopting the attached resolutions. ".1TA;(c7 Z1611P193 On January 18, 2011, the California Department of Housing and Community Development (HCD) certified the City of Diamond Bar's 2008-2014 Housing Element, affirming that it is in compliance with state law. The City Council subsequently adopted the Housing Element on April 19, 2011. The adopted Housing Element commits the City to making the following amendments to the General Plan and Municipal Code: • Identify a land use category in the General Plan Land Use Element where emergency shelters and single -room occupancy housing can be accommodated in order to provide adequate housing sites to achieve a variety and diversity of housing; • Identify a zone where emergency shelters may be established, create specific development standards that will apply to emergency shelters and establish that transitional and supportive housing is a residential use subject to the same requirements as other residential uses of the same type in the same zone to be in compliance with SB 2; Page 2 of 7 922624.1 • Identify a zone where single -room occupancy housing may be established, create definition, development standards and procedures for single -room occupancy (SRO) facilities; and • Make appropriate changes to the existing density bonus provisions to be in compliance with SB 1818. ANALYSIS: Adoption Process Before the City Council may adopt a resolution to amend the General Plan and 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. Proposed Development Code Amendments 1. Establish Emergency Shelter Standards: As required by SB 2 (Housing Accountability Act of 2007), the City has committed to amend the Development Code to designate a zone where emergency shelters may be established "by right' (i.e., without a conditional use permit or other discretionary approval) in at least one zoning district, subject to locational and operational standards as permitted by law. An emergency shelter is a facility that provides shelter to homeless families and/or individuals on a limited, short-term basis, typically six months or less. Under SB 2, the emergency shelters covered in this zoning provision are permanent year-round shelters for the homeless, not temporary emergency shelters set up at a school gym or church; for instance, in response to some kind of emergency situation such as natural disaster. The Development Code amendment would permit such facilities in the I (Light Industry) zone by right, subject to operational and locational standards. The I zone is large enough to accommodate emergency shelters and would provide access to transit facilities necessary for emergency shelter occupants. Under the proposed ordinance, an emergency shelter facility shall not be located within 300 feet of any other emergency shelter in order to avoid overconcentration of such facilities. Staff recommends that the City designate the I (Light Industry) zone as the appropriate location for emergency shelters. 2. Establish Transitional and Supportive Housing Standards: As required by SB 2, the City has committed to amending the Development Code to allow transitional and supportive housing subject to only those requirements which apply to other residential uses of the same type in the same zone. Transitional housing is temporary (typically six months to two years) housing for homeless individuals or families who are transitioning to permanent housing. Transitional housing often includes a supportive services component, such as job skills Page 3 of 7 CYkl43ll training, or rehabilitation counseling, to allow individuals to gain necessary life skills in support of independent living. 'Supportive housing may be permanent and includes services to assist residents with their daily necessities. The proposed ordinance would add definitions of supportive and transitional housing to the Development Code. Supportive and transitional housing would not constitute separate land use categories; rather, housing facilities falling within these definitions would be considered residential uses 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. Thus, a group home use that also constituted supportive or transitional housing would still be subject to the same zoning and development standards applicable to all other similar group home uses in the same zoning district. 3. Establish Single -Room Occupancy (SRO) Standards: To help address the needs of very -low and extremely -low income persons, the City has committed to amending the Development Code to define and permit single -room occupancy units. A single -room occupancy facility is a multiple tenant building that houses one or two persons in individual rooms. SRO tenants typically share bathrooms and/or kitchens, while some SRO rooms may include kitchenettes, bathrooms or half -baths. SROs are a viable housing option for students, single tenants, empty nester widows/widowers, or others who do not desire or require large dwellings or private domestic appliances. In the Housing Element, the City committed to adopting a definition and development standards to encourage the production of SRO facilities as part of its policy of trying to provide a range of housing options to the community. The Development Code Amendment would conditionally permit such facilities in the I (Light Industry) zone, subject to certain operational and locational standards. Under the proposed ordinance, a single -room occupancy development shall not be located within a quarter -mile of any other single -room occupancy development. 4. Amend Existing Density Bonus Regulations: Pursuant to State law, housing developers are entitled to certain density bonuses and zoning incentives or concessions if they agree to set aside a specified percentage of units for affordable housing. The proposed amendments to Section 22.18.010 of the Development Code would update the City's current Affordable Housing Incentives/Density Bonus provisions to ensure consistency with the current State Density Bonus Law, as amended by SB 1818. Staff recommends approval of these amendments in order to achieve the changes in the Development Code necessary to put into place the commitments made in the Housing Element. Proposed General Plan Amendment The Housing Element commits the City to identify a land use category in the General Plan Land Use Element where emergency shelters and single -room occupancy housing Page 4 of 7 922624.1 can be accommodated in order to provide adequate housing sites to achieve a variety and diversity of housing. City Staff has determined that the I (Light Industry) zoning district is the most appropriate area in the City for these types of uses. Accordingly, staff is recommending that the I (Light Industrial) land use category in the General Plan Land Use Element, Objective 1.1, Strategy 1.1.4 be amended to clarify that this land use category is also intended to accommodate the need for emergency shelter and single -room occupancy housing as identified in the City's Housing Element. Such an amendment will also ensure that the proposed Development Code Amendments are consistent with the General Plan, which is required by State law. The following summarizes the current Land Use Strategy 1.1.4 and the recommended amendment to the strategy in the.General Plan. Italicized and underlined text highlight the recommended revisions. Strategy 1.1.4 of the Land Use Element defines the Light Industrial land use designation as follows: 1.1.4 Areas designated Light Industrial (I) on the General Plan Land Use Map are to provide for light industrial, research and development, and office -based industrial firms seeking a pleasant and attractive working environment, as well as for business support services, and commercial uses requiring more land area than is available in General Commercial or Commercial Office areas. This designation also is intended to accommodate the need for enieMmcy shelter and single -room occmancj� housing as identified in the Citys Housint, Element. These areas will maintain a maximum floor area ratio of 0.25 to 1.00. Consistency with the General Plan is achieved when the various land uses within the Development Code are compatible with the objectives, policies, general pattern of land uses and programs contained in the General Plan. The proposed amendment to the Land Use Element implements policies and programs contained in the City's certified 2008-2014 Housing Element, and therefore is internally consistent with the Housing Element goals, policies, and programs by facilitating the provision of adequate housing sites to achieve a variety and diversity of housing. ENVIRONMENTAL ASSESSMENT: The proposed Development Code Amendment and related amendment to the I (Light Industrial) land use category of the General Plan Land Use Element has been reviewed for compliance with the California Environmental Quality Act (CEQA). Staff prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Negative Declaration for the project on March 28, 2013, with the Los Angeles County Clerk and published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers, and it is part of this report (Attachment 2). Pursuant to CEQA Section 15105, the public review period for the Negative Declaration began on April 3, 2013, and ended on April 22, 2013. Page 5 of 7 922624.1 The Initial Study is a preliminary analysis to determine whether or not a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report (EIR) is needed for a project. If the Initial Study concludes that the proposed project will not significantly affect the environment or may have the potential to effect the environment but can be mitigated to a level of less than significant, a Negative Declaration or a Mitigated Negative Declaration may be prepared, respectively. A Negative Declaration is a written document that briefly describes the reasons that a proposed project will not have a significant effect on the environment. It is used to guide and assist the City staff, Planning Commission, City Council, and the public in the consideration and evaluation of potential environmental impacts that may result from the proposed project. Once the Initial Study and Negative Declaration are prepared, a Notice of Intent to Adopt a Negative Declaration is posted at the Los Angeles County Clerk and published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The public review period must be no less than 20 days. Staff prepared the Initial Study/Environmental Checklist for the proposed project, which documents reasons to support the findings that the proposed project would not have any potentially significant impacts on the environment. Some of the proposed Development Code Amendments would result in new uses being permitted or conditionally permitted in certain zones. It was determined that the proposed project will not have a significant effect on the environment because the amendments to the Development Code and General Plan Land Use Element does not propose any new construction. For any development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. NOTICE OF PUBLIC HEARING: Public hearing notices of at least 1/8 page display were published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on April 12, 2013, and a copy of the public notice was posted at the City's three designated community posting sites. The proposed amendment to the I (Light Industrial) land use category of the General Plan Land Use Element does not constitute a substantial amendment to the General Plan, and therefore is not subject to the provisions of Government Code Sections 65352 through 65352.5, which requires noticing to outside public agencies and the Native American tribes. The proposed amendment is unlikely to result in significant changes to the uses in the I (Light Industrial) land use category given the relative lack of demand for emergency shelter and single -room occupancy facilities within Diamond Bar, the uses that are currently permitted will remain the predominant uses, and the amendment is intended to be internally consistent with the Housing Element as well as make the Housing Element consistent with State requirements. Page 6 of 7 922624.1 RECOMMENDATION: Staff recommends that the Planning Commission recommend approval to the City Council of the following Resolutions included as Attachments 1 and 2 to adopt amendments to the General Plan Land Use Element and the Development Code — Planning Case No. PL 2012-513. Prepared by: bfaZO S. Lee Senior Planner Attachment: Reviewed by: Greg Gubman, AICP Community Development Director 1. Resolution No. 2013 -XX (Approval of Amendment to the General Plan PL2012- 513) 2. Resolution No. 2013 -XX (Approval of Amendment to the Development Code PL2012-513) 3. Notice of Neg. Dec. and Initial Study/Environmental Checklist Page 7 of 7 922624.1 Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2013 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL ADOPTION OF THE NEGATIVE DECLARATION AND APPROVAL OF PROPOSED AMENDMENTS TO TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE - PLANNING CASE NO. PL2013-022. A. RECITALS 1. 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 April 12, 2013, and a copy of the public notice was posted.at the City's three designated community posting sites. 2. Pursuant to the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. ("CEQA") and CEQA's implementing guidelines, California Code of Regulations, Title 14, Section 15000 et seq., an initial study 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 held a duly noticed public hearing on the proposed Development Code Amendments. After due consideration of public testimony, staff analysis and the Commission's deliberations, the Planning Commission has determined that the proposed Development Code Amendment attached hereto as Exhibit "A" and incorporated by reference into this Resolution implements the policies and programs contained in the City's certified 2008-2014 Housing Element. 4. The proposed changes are consistent with multiple objectives and policies in the City of Diamond Bar General Plan. 5. All legal prerequisites to the adoption of this Resolution have occurred. 921938.1 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. The Planning Commission has independently considered the Initial Study and Negative Declaration that was made available for public review, and all other oral and written public comments received prior to or at the public hearing prior to adopting this Resolution. The Planning Commission finds that the Negative Declaration reflects the City's independent judgment and analysis. The Planning Commission hereby determines on the basis of the whole record before it, including the Initial Study and comments received, that there is no substantial evidence that the proposed Development Code Amendment will have a significant effect on the environment, and on that basis, hereby recommends the City Council adopt the Negative Declaration. The record of proceedings on which the Planning Commission's decision is based is located at the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, Community Development Department/Planning Division. The custodian of record of proceedings is the Director of Community Development. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, there is no evidence before this Planning Commission that the Development Code Amendments proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence., this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based on the .findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt the Negative Declaration and approve Development Code Amendment Planning Case No. PL 2012-513 by adopting the 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. APPROVED AND ADOPTED THIS 23`d DAY OF APRIL, 2013 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23`d day of April, 2013, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary Exhibit A CITY COUNCIL ORDINANCE NO. XX(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. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS: A. 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. B. Pursuant to the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. ("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. C. 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. and , respectively, recommending City Council adoption of a Negative Declaration and approval of the proposed General Plan and Development Code amendments. D. On 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 E. During its meeting of 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. 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) / (light industry) district. The I zoning district is applied to areas appropriate for light industrial/manufacturing 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 I 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: 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: 921912.2 Permit Requirement by District LAND USE (1) C-1 C-2 C-3 / See Standards in Section: MISCELLANEOUS Emergency P 22.42.160 Shelters Single -Room C 22.42.170 Occupancy Housing 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: 921912.2 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: 1. 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. 1. In all density calculations, fractional units shall be rounded up to the next whole number. 921912.2 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 921912.2 Minimum Affordable Maximum Set -Aside Each Units Bonus 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% 20% 1.5% 35% 20% Moderate Income (Common Interest 10% 5% 1.0% 35% 40% Development Only) 100% (35 - unit Senior Citizen Housing minimum ° 20% ° 20% NA Development project size) 921912.2 Land Donation (very low income projects only) 10% 15% 1 % 35% 30% Income 25% (or Initial Project 20 units 20 units 20 units incentive of Size equivalent 5% 10% 10% Condominium/Apartment 33% low -to- financial 20% 5% 20% Conversions (Pursuant to moderate value NA 25% NA California Government income pursuant to 42 units Units Code Section 65915.5). 15% very CA Govt Distribution of 1 Very Low 2 Lower Income 2 Moderate low income Code Income 23 22 Market -Rate Income 19 Section Market -Rate 65915.5) TABLE 3-17 EXAMPLE DENSITY BONUS CALCULATION 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. 921912.2 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. 921912.2 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. 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. 9219122 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 ii. 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. ii. 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: 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 921912.2 (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 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) 100/. 2-0—OA-309A 921912.2 1 12 I3 "Child care facility: When a qualified project includes a child care facility, the applicant 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 Concessions/Incentives. 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 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. 921912.2 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. 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: 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 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 921912.2 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: i. The waiver/modification 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 ii. 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 concessions/incentives 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 concessions/incentives 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. 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 921912.2 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. No more than one emergency shelter is permitted within a radius of three hundred (300) feet from another emergency shelter 6. Individual occupancy in an emergency shelter is limited to six months total in any 12 month period. 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. 921912.2 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. (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. 921912.2 (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 top 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 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. 921912.2 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. 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 921912.2 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. 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. 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 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 I (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 921912.2 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 DAY OF MAY 2013, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Jack Tanaka, Mayor I, 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_ day of May, 2013 and was finally passed at a regular meeting of the City Council held on the _ day of June, 2013, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: 921912.2 ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 921912.2 Attachment 2 PLANNING COMMISSION RESOLUTION NO. 2013 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL ADOPTION OF THE NEGATIVE DECLARATION AND APPROVAL OF AMENDMENT TO THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN TO ACCOMMODATE THE NEED FOR EMERGENCY SHELTER AND SINGLE -ROOM OCCUPANCY HOUSING IN THE I (LIGHT INDUSTRIAL) LAND USE CATEGORY OF THE GENERAL PLAN (PLANNING CASE NO. 2012-513) A. RECITALS 1. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 of the Los Angeles County Code contains the Subdivision Code of the County of Los Angeles applicable to development applications within the City of Diamond Bar. 2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 3. The City of Diamond Bar has determined that the existing Land Use Element, Objective 1.1, Strategy 1.1.4 relating to the Light Industrial land use category contained within the City of Diamond Bar General Plan required modification to accommodate the need for emergency shelters and single -room occupancy housing as identified in the Housing Element. The proposed amendment implements policies and programs contained in the City's certified 2008-2014 Housing Element, therefore, is consistent with the Housing Element goals, policies, and programs in that it provides for adequate housing sites to achieve a variety and diversity of housing by establishing zoning standards and regulations for emergency shelter and single -room occupancy housing. 4. 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 April 12, 2013, and a copy of the public notice was posted at the City's three designated community posting sites. 5. The proposed action does not constitute a substantial amendment of the General Plan; accordingly, the provisions of Government Code Sections 65352 through 65352.5 are inapplicable. 921939.1 6. Pursuant to the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. ("CEQA") and CEQA's implementing guidelines, California Code of Regulations, Title 14, Section 15000 et seq., an initial study 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. 7. On April 23, 2013, the Planning Commission held a duly noticed public hearing with regard to the General Plan Amendment, Land Use Element, Objective 1.1, Strategy 1.1.4. After due consideration of public testimony, staff analysis and the Commission's deliberations, the Planning Commission has determined that the General Plan Amendment attached hereto as Exhibit "A" and incorporated by reference into this Resolution implements the policies and programs contained in the City's certified 2008-2014 Housing Element. 8. The 1995 General Plan remains properly integrated and internally consistent as required by California Government Code Section 65300.5. 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. The Planning Commission has independently considered the Initial Study and Negative Declaration that was made available for public review, and all other oral and written public comments received prior to or at the public hearing prior to adopting this Resolution. The Planning Commission finds that the Negative Declaration reflects the City's independent judgment and analysis. The Planning Commission hereby determines on the basis of the whole record before it, including the Initial Study and comments received, that there is no substantial evidence that the proposed General Plan Amendment will have a significant effect on the environment, and on that basis, hereby recommends the City Council adopt the Negative Declaration. The record of proceedings on which the Planning Commission's decision is based is located at the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, Community Development Department/ Planning Division. 2 921939.1 The custodian of record of proceedings is the Director of Community Development. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, there is no evidence before this Planning Commission that the General Plan Amendment proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. The Planning Commission hereby finds and determines that the General Plan Amendment is consistent and compatible with and implements the goals, objectives and strategies of the City of Diamond Bar General Plan. Accordingly, the Planning Commission hereby recommends the City Council approve the General Plan Amendment attached hereto as Exhibit "A". 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. APPROVED AND ADOPTED THIS 23`d OF APRIL, 2013 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 0 Steve Nelson, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23 Id day of April, 2013, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: RIVE -FRN Greg Gubman, Secretary 921939.1 3 CITY OF DIAMOND BAR GENERAL PLAN AMENDMENT (PLANNING CASE NO. PL2012-513) EXHIBIT "A" The Diamond Bar General Plan, Land Use Element, Objective 1.1, Strategy 1.1.4 is amended to read as follows (deletions shown in strikeout text; additions shown in boldlunderline text): 1.1.4 Areas designated Light Industrial (1) on the General Plan Land Use Map are to provide for light industrial, research and development, and office -based industrial firms seeking a pleasant and attractive working environment, as well as for business support services, and commercial uses requiring more land area than is available in General Commercial or Commercial Office areas. This designation also is intended to accommodate the need for emergency shelters and single -room occupancy housing as identified in the City's Housing Element. These areas will maintain a maximum floor area ratio of 0.25 to 1.00. M 921939.1 CITY OF DIAMOND BAR GENERAL PLAN AMENDMENT (PLANNING CASE NO. PL2012-513) EXHIBIT "A" The Diamond Bar General Plan, Land Use Element, Objective 1.1, Strategy 1.1.4 is amended to read as follows (deletions shown in s.�eou text; additions shown in boldlunderline text): 1.1.4 Areas designated Light Industrial (1) on the General Plan Land Use Map are to provide for light industrial, research and development, and office -based industrial firms seeking a pleasant and attractive working environment, as well as for business support services, and commercial uses requiring more land area than is available in General Commercial or Commercial Office areas. This designation also is intended to accommodate the need for emergency shelters and single -room occupancy housing as identified in the City's Housing Element. These areas will maintain a maximum floor area ratio of 0.25 to 1.00. 921939.1 lop Attachment 3 ORIGINALFILET)MAR 2 8 209 NOTICE OF AVAILABILITY AND INTENT TO ADOPT NEGATIVE DECLARAIWWGELES, COUNTY CLM City of Diamond Bar, 21810 Copley Drive, Diamond Bar, CA 91765 (909) 839-7030 NOTICE: In accordance with the California Environmental Quality Act ("CEQA": Public Resources Code, Section 21100 et seq.), the City of Diamond Bar has determined that the project referenced herein will not have a significant effect on the environment. A draft Negative Declaration has been prepared for review and approval in connection with the proposed project. PROJECT TITLE: 2008-2014 Housing Element Implementation — Amendments to Title 22 of the Diamond Bar Municipal Code ("Development Code') and Related Amendment to the Land Use Category of the General Plan Land Use Element (Planning Case No. PL2012-513) PROJECT ADDRESS: Citywide PROJECT DESCRIPTION: The City of Diamond Bar proposes to amend certain sections of the Development Code in orderto implement policies and programs contained in the City's certified 2008-2014 Housing Element. These amendments fall into the following three categories: Establishment of zoning standards for emergency shelters and transitional/supportive housing to be in compliance with Senate Bill 2. The proposed Development Code amendment establishes the I (Light Industry) zone to be the zoning district in which emergency shelters may be established by right; and affirms SB 2's mandate that transitional/supportive housing shall be treated as a residential use subject only to the same requirements as other residential uses of the same type in the same zone. The General Plan Land Use Element land use category would be amended to accommodate the need for emergency shelter identified in the Housing Element. 2. Establishment of zoning regulations for single -room occupancy (SRO) housing. The development code amendment identifies the 1(Light Industry) zone to allow housing for single -room occupancy units with a conditional use permit. The I (Light Industry) General Plan land use category would be amended to accommodate the need for single -room occupancy housing identified in the Housing Element. 3. Amendment to existing density bonus provisions to be in compliance with Senate Bill 1818. Chapters 22.10, 22.18, 22.42, 22.48 and 22.80 are proposed to be amended and new Sections 22.42.150, 22.42.160 and 22.42.170 are proposed to be added to the Development Code in order to incorporate all of the above provisions. APPLICANT: City of Diamond Bar, Community Development Department, 21810 Copley Dr., Diamond Bar, CA 91765 ENVIRONMENTAL DETERMINATION: In accordance with CEQA Section 15070, the City prepared a Negative Declaration for this project. Pursuant to CEQA Section 15105, the public review period for the Negative Declaration begins April 3, 2013 and ends April 22, 2013. The Diamond Bar Planning Commission will consider whether or not to recommend approval to the City Council to adopt the proposed Negative Declaration at the following regularly scheduled meeting: TIME OF MEETING: 7:00 p.m. DATE OF PUBLIC MEETING: Tuesday, April 23, 2013 LOCATION: Diamond Bar City Hall — Windmill Community Room 21810 Copley Drive, Diamond Bar, California 91765 Copies of the Initial Study, documenting the reasons to support the finding that said project would not have a significant effect on the environment, are available for review between the hours of 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Friday, at the City of Diamond Bar, Community Development Department/Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. ComDev/Housing Element 2008 Implementation -Zoning Code Changes/Notice of Intent i INITIAL STUDY/ ENVIRONMENTAL CHECKLIST FORM CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - 1. Project title: 2008-2014 Housing Element Implementation - Zoning Code Changes and Related Amendment to the Land Use Category of the General Plan Land Use Element (Planning Case No. PL2012-513) 2. Lead agency name and address: City of Diamond Bar, 21810 Copley Drive, Diamond Bar, CA, 91765 3. Contact person and phone number: Grace S. Lee, Senior Planner, 909-839-7032 4. Project location: Citywide 5. Project sponsor's name and address: City of Diamond Bar, 21810 Copley Drive, Diamond Bar, CA 91765 6, General Plan Designation: Various 7. Zoning: Various 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary) The City of Diamond Bar proposes to amend certain sections of the Development Code and land use category of the General Plan Land Use Element in order to implement policies and programs contained in the City's certified 2008-2014 Housing Element. These amendments fall into the following three categories: I. Zoning for emergency shelters and transitional/supportive housing to be in compliance with Senate Bill 2. The development code amendment identifies the I (Light Industry) zone where emergency shelters may be established by right; and provides that transitional/supportive housing is a residential use.subject only to the same requirements as other residential uses of the same type in the same zone. The I (Light Industry) General Plan land use category would be amended to accommodate the need for emergency shelter identified in the Housing Element.. 2. Zoning for single -room occupancy housing (SRO). The development code amendment identifies the I (Light Industry) zone to allow housing for single -room occupancy units with a conditional use permit. The I (Light Industry) General Plan land use category would be amended to accommodate the need for single -room occupancy housing identified in the Housing Element. 3. Zoning for density bonus provisions to be in compliance with Senate Bill 1818. This amendment to the existing regulations makes appropriate changes to address SB1818. Chapters 22.10, 22.18, 22.42, 22.48 and 22.80 of the Development Code are proposed to be amended and Sections 22.42.150, 22.42.160 and 22.42.170 are proposed to be added. No development is currently proposed in connection with this Development Code Amendment. All of the proposed amendments are implementation actions of the City's 2008-2014 General Plan Housing Element and are necessary in order for the City to ensure continued conformance with state law. 9. Surrounding land uses and setting: (Briefly describe the project's surroundings) The project is citywide and not site-specific. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Greenhouse Gas Emissions Land Use/Planning Population/Housing Transportation/Traffic Agricultural Resources Cultural Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities/Service Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: Air Quality Geology/Soils Hydrology/Water Quality Noise Recreation Mandatory Findings of Significance Page 2 that the proposed project COULD NOT have a significant effect on the environment, and a ATIVE DECLARATION will be prepared. d that although the proposed project could have a significant effect on the environment, there will not significant effect in this case because revisions in the project have been made by or agreed to by the ect proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. nd that the proposed project MAY have a significant effect on the environment, and an IRONMENTAL IMPACT REPORT is required. d that the proposed project MAY have a "potentially significant impact" or "potentially significant unless Id gated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier ument pursuant to applicable legal standards, and 2) has been addressed by mitigation measures ed on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT e uired. but it must anal ze only the effects that remain to be addressed. d that although the proposed project could have a significant effect on the environment, because all entially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE CLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that lier EIR or NEGATIVE DECLARATION,including revisions or mitigation measures that are imposed n the proposed project, nothing further is required. Page 2 Signature: Printed Name: Date: 03/28/2013 Grace S. Lee, Senior Planner For: City of Diamond Bar EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a.) Earlier Analysis Used. Identify and state where they are available for review. b.) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c.) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or Page 3 outside document should, where appropriate, including a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. ISSUES project: a Have a substantial adverse ettect on a scenic vista r b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a e scenic nlgnway: Substantially degrade the existing visual character or quality of site and its surroundings? Create a new source of substantial light or glare which would rarSPly affect day or nighttime views in the area? Potentially Potentially Signtfcant Significant Unless Impact Mitigation Incorporated Lessthan I No Significant Impact Impact X FA a Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on a scenic vista, existing visual character or quality of the site and its surroundings, and new sources of substantial light or glare. No officially designated State scenic routes or highways exist in the City of Diamond Bar. Therefore, the proposed project will have no impact on any scenic resources, trees, rock outcroppings or historic buildings. Page 4 II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Range Assessment project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps LLJ X prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Impact Discussion: The city has no places designated Prime Farmland, Unique Farmland or Farmland of Statewide Importance. There are no agricultural activities in the city. Project implementation would not result in the conversion of farmland to non-agricultural use. b) Conflict with existing zoning for agricultural use, or a x Williamson Act contract? Impact Discussion: Implementation of the proposed project would not conflict with existing zoning for agricultural use, or a Williamson Act contract. Therefore no impacts would result from proposed project. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defned in Public Resources Code Section 12220(8)), X timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government_Code Section 51104 ? Impact Discussion: The city has no forestland, timberland or timberland zoned Timberland Production uses. Thus, the proposed project does not involve changes in the existing environment that could conflict with existing zoning or cause of rezoning of forestland, timberland, or timberland zoned Timberland Production. d) Result in the loss of forest land or conversion of forest land to X non -forest use? Impact Discussion: There are no forest land uses in the city. Thus, the proposed project does not involve changes in the existing environment that could result in loss of forest land or conversion of forest land to non -forest use. Page 5 Potentially Potentially Sign'rficant Less than No significant unless Significant Impact FISS Impact Mitigation Impact UES ncorporated II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Range Assessment project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps LLJ X prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Impact Discussion: The city has no places designated Prime Farmland, Unique Farmland or Farmland of Statewide Importance. There are no agricultural activities in the city. Project implementation would not result in the conversion of farmland to non-agricultural use. b) Conflict with existing zoning for agricultural use, or a x Williamson Act contract? Impact Discussion: Implementation of the proposed project would not conflict with existing zoning for agricultural use, or a Williamson Act contract. Therefore no impacts would result from proposed project. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defned in Public Resources Code Section 12220(8)), X timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government_Code Section 51104 ? Impact Discussion: The city has no forestland, timberland or timberland zoned Timberland Production uses. Thus, the proposed project does not involve changes in the existing environment that could conflict with existing zoning or cause of rezoning of forestland, timberland, or timberland zoned Timberland Production. d) Result in the loss of forest land or conversion of forest land to X non -forest use? Impact Discussion: There are no forest land uses in the city. Thus, the proposed project does not involve changes in the existing environment that could result in loss of forest land or conversion of forest land to non -forest use. Page 5 Potentially Potentially Significant Less thanHSign cant Unless SignificantImpact Mitigation Impact ISSUES Incorporated e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Impact Discussion: There are no farmland uses in the city. Thus, the proposed project does not involve changes in the existing environment that could result in conversion of Farmland to non-agricultural uses. Potentially Potentially Signficant Less than No Significant Unless Significant Impact Impact Mitigation Impact ISSUES Incorporated 111. AIR QUALITY. Where available, the significant criteria established by the appitcaole air quauty management or air pollution control district may be relied upon to make the following determinations Would the project: a) Conflict with or obstruct implementation of the applicable air X quality Ian? b) Violate any air quality standard or contribute substantially to an X existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment X under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant X Impact Discussion for a -d: This project is a zoning code amendment which, by itself, does not propose any new construction, and therefore would have no ability to generate air pollutants. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts for compliance with applicable air quality plans and standards, potential contributions to an existing or projected air quality violation, and potential net increase of any criteria pollutant. e) Create objectionable odors affecting a substantial number of I I I I X people? Impact Discussion: This project is zoning code amendment which, by itself, does not proposed any new construction, and therefore would have no ability to create objectionable odors. Page 6 Potentially Potentially sign"cant Less than No Significant Unless Significant Impact Impact Mitigation Impact ISSUES Incorporated N. BIOLOGICAL RESOURCES. Would the project a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, X sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Impact Discussion: This project is zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential adverse impacts to Federal or State listed or other designated species. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional X plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Impact Discussion: This project is zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. c) a substantial adverse effect on federally protectedands as defined by Section 404 of the Clean Water Actuding, 7---- but not limited to, marsh, vernal pool, coastal, etc.)X ugh direct removal, filling, hydrological interruption, orr means? Impact Discussion: There are no federally protected wetlands located in the city. Therefore implementation of the proposed project would not result in any impacts in this regard. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established X native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Impact Discussion: This project is zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory corridors, or impede the use of native wildlife nursery sites. Page 7 Impact Discussion: While the city does have a tree preservation ordinance, this project is a zoning code amendment which, by itself, does not proposed any new construction, including on sites that may have protected trees. For any development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on trees protected by city ordinance. f) Conflict with the provisions of an adopted Habitat Cons7rvion X Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation Impact Discussion: There are no adopted Habitat Conservation Plan, Natural Community Conservation Plans or other approved local, regional, or state habitat conservation plans in the city. Therefore the nrnnosed oroiect would not result in impacts in this regard. r Potentially Potentially Sign cant Less than No Significant Unless Significant Impact Impact Mitigation Impact ISSUES Incorporated V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a X historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an X archaeolo ical resource ursuant to Section 15064.5? c) Directly or indirectly destroy a unique paleontological resource x or site or unique 'geologic feature? d) Disturb any human remains, including those interred outside of x formal cemeteries? Impact Discussion for a -d: This project is a zoning code amendment which, by itself, does not propose any construction, including on sites that may contain historical, archaeological or paleontological resources or human remains. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on historical, archaeological or paleontological resources or the disturbance of human remains. Page 8 Potentially Potentially Significant Less than No Significant Unless Significant Impact Impact Mitigation Impact ISSUES Incorporated e) Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or Impact Discussion: While the city does have a tree preservation ordinance, this project is a zoning code amendment which, by itself, does not proposed any new construction, including on sites that may have protected trees. For any development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on trees protected by city ordinance. f) Conflict with the provisions of an adopted Habitat Cons7rvion X Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation Impact Discussion: There are no adopted Habitat Conservation Plan, Natural Community Conservation Plans or other approved local, regional, or state habitat conservation plans in the city. Therefore the nrnnosed oroiect would not result in impacts in this regard. r Potentially Potentially Sign cant Less than No Significant Unless Significant Impact Impact Mitigation Impact ISSUES Incorporated V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a X historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an X archaeolo ical resource ursuant to Section 15064.5? c) Directly or indirectly destroy a unique paleontological resource x or site or unique 'geologic feature? d) Disturb any human remains, including those interred outside of x formal cemeteries? Impact Discussion for a -d: This project is a zoning code amendment which, by itself, does not propose any construction, including on sites that may contain historical, archaeological or paleontological resources or human remains. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on historical, archaeological or paleontological resources or the disturbance of human remains. Page 8 ISSUES VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse affects including the risk of loss injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. p6ptron seismic round shaking? Seismic -related ground failure, including liquefaction?Landslides?esult in substantial soil erosion or the loss of to soil? located on a geologic unit or soil that is unstable, or thatould become unstable as a result of the project, and otntially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 1804.2 of the California Building Code (2007), creating substantial risks to life or to ert ? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Potentially I SignificantI Less than I No Significant Unless significant IM Impact Mitigation Impact pact a X X 94 Impact Discussion: Southern California has numerous active and potentially active faults that could produce strong ground shaking that could impact the project site. The City of Diamond Bar is in proximity to the San Andreas and Sierra Madre Fault zone. This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts from strong seismic ground shaking, seismic -related ground failure, including liquefaction, and landslides. In addition, the California Building Code requires structural design and construction methods that minimize the effects of strong seismic ground shaking. The California Building Code requirements would be applied to any proposed project as standard conditions of project approval. Adherence to standard engineering practices and design criteria relative to seismic and geologic hazards in accordance with the 2010 California Green Building Standards Code (CALGreen) is required. Conforming to these requirements will ensure that emergency shelters that are permitted under the proposed zoning code amendments would not result in significant impacts due to strong seismic ground shaking. Page 9 ISSUES VII. GREENHOUSE GAS EMISSION. Would the project: Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the .onflict with an applicable plan, policy, or regulation aoor for the purpose of reducing the emissions of greenhouse PotentiallyI Significant I Less than No Significant Unless Significant Impact Impact Mitigation Impact 94 FA Impact Discussion for a and b: This project is a zoning code amendment which, by itself, does not propose any new construction, and therefore would have no ability to generate greenhouse gas emissions. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts of direct or indirect generation of greenhouse gas emissions, as well as for compliance with applicable plans, policies or regulations adopted for the purpose of reducing the emissions of greenhouse gases. Potentially I Significant I Less than I No Significant Unless Significant Impact Impact Mitigation Impact ISSUES VIII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous ]==X :_ _? iais Impact Discussion: This project is a zoning code amendment which, by itself, does not proposed any new construction. For any development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts from the routine transport, use, or disposal of hazardous materials. Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the Impact Discussion: This project is a zoning code amendment which, by itself, construction. For any development permitted by this amendment, a separate be conducted and mitigation measures as appropriate would be included. assessment of potential impacts from the reasonable foreseeable upset and the release of hazardous materials into the environment. X does not proposed any new environmental review would That review would include accident conditions involving Page 10 Potentially Potentially Significant Less than No Significant Unless Sign cant Impact Impact Mitigation Impact ISSUES Incorporated c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter X mile of an existing or proposed school? Impact Discussion: This project is a zoning code amendment which, by itself, does not proposed any new construction. For any development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts from hazardous emissions or handling of hazardous or acutely hazardous materials, substances, or waste. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code LA X Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Impact Discussion: This project is a zoning code amendment which, by itself, does not proposed any new construction. For any development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included to reduce potential hazards to the public to a less than significant level. e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public LA X I airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Impact Discussion: The city is not located within an airport land use plan or within two miles of an airport. No impacts would occur in this regard. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working X in the project area? Impact Discussion: The city is not located within an airport land use plan with within two miles of an airport. No impacts would occur in this regard. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X I � Impact Discussion: This project is a zoning code amendment which, by itself, does not proposed any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included to ensure the implementation of an adopted emergency response plan or emergency evacuation plan is not impaired or physically interfered with. Page 11 ISSUES Potentially Potentially Significant Less Phan Significant Unless Significant Impact Mitigation Impact Incorporated No Impact h) Expose people or structures to a significant risk of loss, injury or death involving wildiand fires, including where wildlands are X adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: There are no wildlands near the city, thus the proposed project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adiacent to urbanized areas or where residences are intermixed with wildlands. IX. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge I I I I X requirements? Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on water quality standards or waste discharge requirements. deplete groundwater supplies or interfere Potentially bstantially with groundwater recharge such that there would Potentially Significant Less than No FISSUES Significant Unless Significant Impact Fbstantially table level (e.g., the production rate of pre- Impact Mitigation Impact Incorporated IX. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge I I I I X requirements? Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on water quality standards or waste discharge requirements. deplete groundwater supplies or interfere bstantially with groundwater recharge such that there would a net deficit in aquifer volume or a lowering of the local Xoundwater Fbstantially table level (e.g., the production rate of pre- isting nearby wells would drop to a level which would not pport existing land uses or planned uses for which permits ve been granted)? Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of any proposed excavation and its potential impacts on groundwater supplies. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream X or river, in a manner which would result in substantial erosion or siltation on- or off-site? Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review Page 12 would include assessment of the potential to substantially alter the existing drainage pattern of the site or area, in a manner which would result in substantial erosion or siltation on- or off-site or in a manner which would result in flooding on- or off-site. Potentially Potentially significant Less than No significant Unless Significant Impact Impact Mitigation Impact ISSUES rn7 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off - Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on existing or planned stormwater drainage systems and the potential to create substantial additional sources of polluted runoff or otherwise substantially degrade water quality. e) Create or contribute runoff water which would exceed the X on a federal Flood Hazard Boundary or Flood Insurance Rate X capacity of existing or planned stormwater drainage systems Ma or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which _.:l_ or4rli+lnnal cnnrnes of oolluted runoff? X would im ede or redirect flood flows? UI PIUVIUU JUUowuuu Impact Discussion: See Response c above. Imnart Nscussion: See Response a above. g) Place housing within a 100-year.flood hazard area as mapped X on a federal Flood Hazard Boundary or Flood Insurance Rate Ma or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which X would im ede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or X death involving flooding, including flooding as a.result of the failure of a levee o. .. Impact Discussion for g -i: The City of Diamond Bar is not subject to any major flood hazards, or potential inundation due to nearby dam failures. Furthermore, the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map designated the entire City as within a Flood Zone "X". Flood Zone "X" is identified as an area of 0.2 percent annual chance of flood. Any future projects would not involve the placement of structures within a 100 -year flood hazard area. Page 13 Potentially Potentially Significant Less than No Significant Unless Significant Impact Impact Mitigation Impact ISSUES Incur orated 1) Inundation by seicha tsunami or mudflow? I I X Impact Discussion: The city is approximately 40 miles inland from the Pacific ocean and there are no large bodies of water within the vicinity of the city site that would cause inundation by seiche, tsunami, or mudflow. Therefore no impacts would result from the construction and operation any future projects. Potentially Potentially Significant Less than No Significant Unless Significant Impact Impact Mitigation Impact ISSUES Incorporated X, LAND .USE AND PLANNING. Would the project: a Physically divide an established community? X Impact Discussion: This proposed project is a zoning code amendment. While it proposes permitting uses such as emergency shelters in the I (Light Industry) zone by right, single -room occupancy (SRO) units in the I (Light Industry) zone with a conditional use permit, and density bonus for affordable housing developments in multifamily residential and commercial/industrial zoned properties of the City, by itself it proposes no site-specific development and thus would not physically divide an established community. For any proposed site-specific development of use permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of the potential to physically divide an established community. ct with any applicable land use plan, policy, or regulation biavoidin agency with jurisdiction over the project (including, but to d to the general plan, specific plan, local coastal X am, or zoning ordinance) adopted for the purpose of or miti atin an environmental effect? Impact Discussion: The project is in compliance with the City's General Plan as the project is implementing the policies and programs of the City's Housing Element. c) Conflict with any applicable habitat conservation plan or natural X community conservation plan Impact Discussion: The city does not have any habitat conservation plan or natural community conservation plan, and is not located near one. Therefore, the proposed project would have no impacts to any habitat conservation plans. Page 14 Potentially Potentially Significant Less than No Significant Unless Significant Impact Impact Mitigation Impact ISSUES Incor orated XI. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource Potentially X that would be of value to the region and the residents of the Potentially Signifcant T=X No ......,.IV— _1o, nr nfhpr Ianrl I IFP. plan? _ Unless Significant Impact State: Impact Discussion: The city is not identified as a site with known mineral resources that would be of value to the region and the residents of the state. Therefore, the proposed project would have no impacts to mineral resources. b) Result in the loss of availability of a locally -important mineral Potentially X resource recovery site delineated on a local general plan, Potentially Signifcant Less than No ......,.IV— _1o, nr nfhpr Ianrl I IFP. plan? _ Unless Significant Impact Impact Discussion: The proposed project will not result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan, because the site contains no known mineral resources. XII. NOISE. Would the project result in: posure of persons to or generation of noise levels in excess Potentially X standards established in the local general plan or noise Potentially Signifcant Less than No dinance, ora licable standards of other agencies? Significant Unless Significant Impact [b])Exposureof persons to or generation of excessive impact Mitigation Impact X ISSUES ncor orated XII. NOISE. Would the project result in: posure of persons to or generation of noise levels in excess X standards established in the local general plan or noise dinance, ora licable standards of other agencies? [b])Exposureof persons to or generation of excessive X oundborne vibration or groundborne noise levels? ) A substantial permanent increase in ambient noise levels in the X project vicinityabove levels existing without the project? d) A substantial temporary or periodic increase in ambient noise X levels in the project vicinity above levels existing without the Impact Discussion for a -d: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts of noise, groundborne vibration, and permanent and temporary or periodic increases in ambient noise levels in the project vicinity. Page 15 Potentially I SignificantI Less than I No Significant Unless Significant Impact Impact Mitigation Impact llevelsp?v_ mco orareo t located within an airport land use plan or, where has not been adopted, within two miles of a public X blic use airport, would the project expose people working in the project area to excessive noise Impact Discussion: The project area is not located within 6 miles of any public airport or within an airport land use plan. Therefore, no impacts would occur in this regard, f) For a project within the vicinity of a private airstrip, would the I I I LX project expose people residing or working in the project area to excessive noise levels? Impact Discussion: The project area is not located within the vicinity of a private airstrip. Therefore, no imnacts would occur in this regard. XIII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or X indirectly (for example, through extension of roads or other infrastructure)? Impact Discussion: This proposed project is a zoning code amendment. It allows transitional and supportive housing,_ subject to the same standards as any other residential use in the zone and therefore the allowance of it is not expected to induce population growth beyond that planned for in the residential zones. The amendment would also permit by right emergency shelters in the I (Light Industry) zone and conditionally permit single room occupancy (SRO) developments in the I (Light Industry) zone. Given that these zones are primarily non-residential in character, to the extent the uses allowed by this amendment are developed, some population growth in those zones can be expected. In the context of the city as a whole, however, such growth is not anticipated to be substantial, based on the amount of land zoned for these uses and the locational and operational standards they are required to meet. b) Displace substantial numbers of existing housing, Potentially ' necessitating the construction of replacement housing Potentially Significant Lessthan No elsewhere? Significant Unless Significant Impact c) Displace substantial numbers of people, necessitating the Impact Mitigation Impact X ICSI IFS Incorporated XIII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or X indirectly (for example, through extension of roads or other infrastructure)? Impact Discussion: This proposed project is a zoning code amendment. It allows transitional and supportive housing,_ subject to the same standards as any other residential use in the zone and therefore the allowance of it is not expected to induce population growth beyond that planned for in the residential zones. The amendment would also permit by right emergency shelters in the I (Light Industry) zone and conditionally permit single room occupancy (SRO) developments in the I (Light Industry) zone. Given that these zones are primarily non-residential in character, to the extent the uses allowed by this amendment are developed, some population growth in those zones can be expected. In the context of the city as a whole, however, such growth is not anticipated to be substantial, based on the amount of land zoned for these uses and the locational and operational standards they are required to meet. b) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the X _.:__ -4 h o on+ Inn,i inn Plsawhere? Impact Discussion for b -c: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of the potential to displace substantial numbers of existing housing and people, necessitating the construction of replacement housing elsewhere. Page 16 Potentially Potentially Significant Less than No Significant Unless Signifcant Impact Impact Mitigation Impact ISSUES Incor orated XIV. PUBLIC SERVICES. a) Would the project result in substantial adverse physilichid impacts associated with the provision of new or phy altered governmental facilities, need for new or phys altered governmental facilities, the construction of w cause significant environmental impacts, in order to acceptable service ratios, response times or otherXperformance objectives for any of the public service I) Fire protection? X X ii) Police protection? X iii) Schools? X IV) Parks? V) Other public facilities? Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on the existing public facilities and services. Pote PotentiallT1�'or1g.:ratneTd Significantess than No significanUnSignificant Impact ImpactMitImpact ISSUES XV. RECREATION. Fsubstantial project increase the use of existing neighborhood nal parks or other recreational facilities such that X al physical deterioration of the facility would occur orrated? project include recreational facilities or require theXion or expansion of recreational facilities which mightaveaadverse physical effect on the environment? Impact Discussion for a -b: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on the existing public facilities and services. The amendment would permit by right emergency shelters in the I (Light Industry) zone and conditionally permit single room occupancy (SRO) developments in the I (Light Industry) zone. Given that the I zone is primarily non-residential in character, to the extent the uses allowed by this amendment are developed, the increased use of existing neighborhood and regional parks in this zone can be expected. In the context of the city as a whole, however, such use is not anticipated to be substantial, based on the amount of land zoned for these uses and the locational and operational standards they are required to meet. Potentially Potentially Significant Less than No Significant Unless Significant Impact Impact Mitigation Impact ISSUES ncorporated XVI. TRANSPORTATION I TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized X travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on the existing circulation system. b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated X Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of compliance with applicable congestion management programs. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in ciihctantial safety risks? Impact Discussion: The proposed project will not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks because there is no airport nearby. increase hazards due to a design feature (e.g., X r-1rVIubstantaly harp cues or dangerous intersections) or incompatible Impact Discussion: This project is a zoning code amendment which, by itself, does not proposed any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potentially hazardous design features or incompatible uses. e) Result in inadequate emergency access? 0 Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental Page 18 review would be conducted and mitigation measures as appropriate would be included, so as to not result in inadequate emergency access. Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. The amendment is consistent with the City's General Plan, including the Circulation Element, which contains adopted policies, plans, or programs regarding public transit, bicycle or pedestrian facilities. g) Conflict with adopted policies, plans, or programs regarding X public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Impact Discussion: The roadways are existing. Any future project would be constructed according to City of Diamond Bar and County of Los Angeles requirements. Therefore significant impacts would not result from the construction and development of a proposed project. Potentially Potentially Significant Less than No Significant Unless Significant Impact ISSUES Impact Mitigation Impact Inco orated XVII. UTILITIES AND SERVICE SYSTEMS. Would the project ) Exceed wastewater treatment requirements of the applicable Potentially X Re ional Water Qualit Control Board? Potentially significant Less than No Require or result in the construction of new water or Sign'rflcant Unless Significant Impact wastewater treatment facilities or expansion of existing [b) Impact Mitigation Impact X ISSUE$ Incor orated f) Result in inadequate parking supply? X Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. The amendment is consistent with the City's General Plan, including the Circulation Element, which contains adopted policies, plans, or programs regarding public transit, bicycle or pedestrian facilities. g) Conflict with adopted policies, plans, or programs regarding X public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Impact Discussion: The roadways are existing. Any future project would be constructed according to City of Diamond Bar and County of Los Angeles requirements. Therefore significant impacts would not result from the construction and development of a proposed project. Potentially Potentially Significant Less than No Significant Unless Significant Impact ISSUES Impact Mitigation Impact Inco orated XVII. UTILITIES AND SERVICE SYSTEMS. Would the project ) Exceed wastewater treatment requirements of the applicable X Re ional Water Qualit Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing [b) X facilities, the construction of which could cause significant environmental effects? Impact Discussion for a -b: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on wastewater treatment facilities. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on storm water drainage facilities. Page 19 Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on storm water supplies. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate X capacity to serve the project's projected demand in addition to the provider's existing commitments? Impact Discussion: See Response a -b above. f) Be served by a landfill with sufficient permitted capacity to Potentially X accommodate theproject's solid waste disposal needs? Potentially Signficant less than No :ES Significant Unless Significant Impact related to solid waste? Impact Mitigation Impact X IS S U ncorporated d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or X expanded entitlements needed? Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on storm water supplies. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate X capacity to serve the project's projected demand in addition to the provider's existing commitments? Impact Discussion: See Response a -b above. f) Be served by a landfill with sufficient permitted capacity to X accommodate theproject's solid waste disposal needs? J:J: g) Comply with federal, state, and local statutes and regulations X related to solid waste? X Impact Discussion for f -g: This project is a zoning code. amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on solid waste disposal. Potentially Potentially Signifcani Less than No Significant Unless Significant Impact Impact Mitigation Impact ISSUES Incorporated Atllll. nl,,, a v,.—. I. . ___ —. _- - a) Does the project have the potential to degrade the quqdrop the environment, substantially reduce the habitat of wildlife species, cause a fish or wildlife population to below self-sustaining levels, threaten to eliminate a X animal community, reduce the number or restrict thea rare or endangered plant or animal or eliminate imexamples of the major periods of California history o prehistory? Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new construction. For any proposed development permitted by this amendment, a separate environmental review would be conducted and mitigation measures as appropriate would be included. That review would include assessment of potential impacts on the habitat and population of a fish or wildlife species, a plant or animal community, rare or endangered plants or animals and important examples of the major periods of California history or prehistory. Page 20 Impact Discussion: Although the proposed project has the potential for impacts on population/housing and recreational facilities, these impacts are individually limited and do not rise to the level of being potentially significant or cumulatively considerable. None of the proposed changes would have a direct impact on the environment, since the changes are only administrative regulations rather than actual development. Based on the evidence in the record, there is no indication that the proposed zoning code amendments, take together and in connection with past, current and probably future projects, will have any cumulatively considerable effects. Therefore, it is hereby found that the proposed project impacts would not be cumulatively considerable. c) Does the project have environmental effects which will cause X _T_ substantial adverse effects on human beings, either directly or indirectly? Impact Discussion: Although the proposed project has the potential for impacts on population/housing, these impacts are individually limited and do not rise to the level of being potentially significant or substantial. Grace S. Lee 03/28/2013 Name t '1 Sig re Date Senior Planner Title Page 21 Potentially Potentially Significant Less than No Significant Unless Significant Impact Impact Mitigation Impact Incor orated FDoese project have impacts that are individually limited, but tively considerable? ("Cumulatively considerable"that the incremental effects of a project are X considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Impact Discussion: Although the proposed project has the potential for impacts on population/housing and recreational facilities, these impacts are individually limited and do not rise to the level of being potentially significant or cumulatively considerable. None of the proposed changes would have a direct impact on the environment, since the changes are only administrative regulations rather than actual development. Based on the evidence in the record, there is no indication that the proposed zoning code amendments, take together and in connection with past, current and probably future projects, will have any cumulatively considerable effects. Therefore, it is hereby found that the proposed project impacts would not be cumulatively considerable. c) Does the project have environmental effects which will cause X _T_ substantial adverse effects on human beings, either directly or indirectly? Impact Discussion: Although the proposed project has the potential for impacts on population/housing, these impacts are individually limited and do not rise to the level of being potentially significant or substantial. Grace S. Lee 03/28/2013 Name t '1 Sig re Date Senior Planner Title Page 21 MIAIMM 2! =D �. �- Planning Case PL2012®513 1. General Plan of the City of Diamond Bar adopted July 25, 1995 2. General Plan of the City of Diamond Bar, Environmental impact Report and Addendum dated July 25, 1995 3. Municipal Code, City of Diamond Bar 4. All documents cited above are available for review at the City of Diamond Bar, Community Development Department, 21810 Copley Drive, Diamond Bar, CA 91765. 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Z m y o 3 3 3 n 3 v 'o m 3 m N 0 N 'o o v v 3 �0 3 c0 3 0 0 0 0 co a M U N U �- U O U O a w U M a M U N a i0 a U O LLIO 1' LL. d N a N Z m Z Z N Z N¢ N Z N¢ N m N a N¢ N Z N Z N Z N M 0 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 April 23, 2013, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at City Hall, Windmill Community Room, 21810 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I am employed by the City of Diamond Bar. On April 19, 2013, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission 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 April 19, 2013, at Diamond Bar, California. Community CD:\zstella\affidavitposting.doc