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Home My WebLink About11/26/2013 PC AgendaPLANNING FILE COPY COMMISSION AGENDA November 26, 2013 7:00 P.M. City Hall, Windmill Community Room 21810 Copley Drive Diamond Bar, CA 91765 Chairman Vice Chairman Commissioner Commissioner Commissioner Tony Torng Frank Farago Ashok Dhingra 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. DIADIOND BAR 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 contact information below. Every meeting of the Planning Commission is recorded and duplicate recordings are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Commission, CDs of Meetings (909) 839-7030 Email: info(odiamondbarca.gov Website: www.diamondbarca.gov CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, November 26, 2013 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2013-27 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice Chairman Frank Farago, Ashok Dhingra, Jimmy Lin, Jack Shah 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (completion of this form is voluntary) There is a five-minute maximum time limit when addressing the Planning Commission. 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 the Regular Meeting: November 12, 2013 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 General Plan Amendment No PL2013-550 - 2013-2021 Housing Element Update — Pursuant to state law and the Diamond Bar Municipal Code, the proposed project is the update to the General Plan Housing Element for the 2013-2021 planning period. Project Address: Citywide NOVEMBER 26, 2013 PAGE 2 PLANNING COMMISSION AGENDA E E 10 Lead Agency: City of Diamond Bar Community Development Dept. 21810 Copley Drive Diamond Bar, CA 91765 Environmental Determination: The draft 2013-2021 Housing Element does not propose any new policies or programs that would change the nature of development or result in new environmental impacts not previously analyzed, therefore, the element is exempt from the provisions of California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission recommend City Council approval of the General Plan Housing Element Amendment for the 2013-2021 planning period. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects: SCHEDULE OF FUTURE EVENTS: THANKSGIVING HOLIDAY: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: 11. ADJOURNMENT: Thursday, November 28, 2013, and Friday, November 29, 2013. In observance of the holiday, City offices will be closed. City Offices will reopen on Monday, December 2, 2013. Tuesday, December 3, 2013, 6:30 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive (temporary location) Tuesday, December 10, 2013, 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Thursday, December 12, 2013 - 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 12, 2013 CALL TO ORDER: Chairman Torng 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: Vice Chairman Farago led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Ashok Dhingra, Jimmy Lin, Jack Shah, Vice Chairman Frank Farago, Chairman Tony Torng Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Natalie Tobon, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the October 22 2013 Regular Meeting C/Dhingra moved, VC/Farago seconded, to approve the October 22, 2013, regular meeting minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Dhingra, Lin, Shah, VC/ Farago, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARING(S): 7.1 Development Review No. PL2012-475 — Under the authority of Diamond Bar Municipal Code Sections 22.48, applicant Jack Wu and property owner Justin Chien requested Development Review approval to construct NOVEMBER 12, 2013 PAGE 2 G " 7- �Ji i"ii4" ^J PLANNING COMMISSION a 573 square -foot second floor addition to an existing single family residence on a 1.6 gross acre (69,696 square -foot) lot. The subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. On August 27, 2013 the matter was continued by the Planning Commission to give the property owner the opportunity to consider removing the proposed rear pad. PROJECT ADDRESS: PROPERTY OWNER: 23223 Ridge Line Road Diamond Bar, CA 91765 Justin Chien 2880 Woodbridge Court Diamond Bar, CA 91765 APPLICANT: Jack Wu 10410 Lower Azusa Road #3203 EI Monte, CA 91731 AP/Tobon presented staff's report and recommended Planning Commission approval of Development Review No. PL2012-475, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Jack Wu said that the owner agreed with C/Shah's recommendation to remove the pad from the proposal and save the three trees. Chair/Torng opened the public hearing With no one present who wished to speak on this item, Chair/Torng closed the public hearing. VC/Farago moved, C/Dhingra seconded, to approve Development Review No. PL2012-475, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Dhingra, Lin, Shah, VC/ Farago, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None NOVEMBER 12, 2013 E PUBLIC HEARING(S): PAGE 3 PLANNING COMMISSION 8.1 Development Review No. PL2013-147 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant/property owner Dr. Umesh Shah requested Development Review approval to construct a 2,828 square -foot two-story addition to an existing two-story single family residence on a 0.47 gross acre (20,607 square -foot) lot. A Minor Conditional Use Permit was requested for the continuance of a non- conforming distance of 13'-6" to the structure on the adjacent lot to the west. The subject property is zoned Low Medium Density Residential. PROJECT ADDRESS: 21955 Birds Eye Drive Diamond Bar, CA 91765 PROPERTY OWNER/ APPLICANT: Dr. Umesh Shah 21955 Birds Eye Drive Diamond Bar, CA 91765 AP/Tobon presented staff's report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit No. PL2013-147, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Shah asked why the issue of 13'-6" versus 15 is being brought forward for this application. AP/Tobon explained that the matter has been brought forward because it is a non -conforming distance separation to the neighboring residence and does not comply with the current development standards. CDD/Gubman said that even if it was there before, if.an expansion is proposed that is more than 50 percent of the existing, it automatically requires a Minor Conditional Use Permit and associated findings to allow for a continuation of the non -conformity. If the addition is less than 50 percent and is an addition to the first floor only the applicant can continue the non -conforming setback without a Minor Conditional Use Permit. C/Shah asked if the Minor Conditional Use Permit included the landscaping and AP/Tobon explained that that the landscaping is a Condition of Approval. C/Lin asked what the wide building was outside of the property at the northwest corner. CDD/Gubman responded that it is a deck on the adjacent property which has a code enforcement issue because it encroaches onto the greenbelt area that is part of the Gateway Corporate Center's open space common area. C/Lin asked if a drainage report was submitted as part of this application and CDD/Gubman said that it would not have been part of the Development Review application. SP/Lee NOVEMBER 12, 2013 PAGE 4 E IR' 19 I'� :: P'.' 7"T PLANNING COMMISSION explained that the Public Works Department is requiring a detailed drainage system information during plan check and staff will make certain that all drainage and runoff will be conveyed from the site to a natural drainage course, which is a Condition of Approval. C/Dhingra said that Condition 4 and 22 are the same and the second part of Condition 6 is not clear. SP/Lee said the Conditions would be clarified with the Building staff prior to finalizing the resolution. Chair/Torng opened the public hearing. Sonia Shah, 915 W. Las Palmas Drive, Fullerton, CA 92835, representing applicant Dr. Shah, said she looked forward to approval of the project. She thanked staff for their support and guidance through the process. She reviewed the Conditions of Approval with staff and the applicant, who concurs with all of the conditions. With no one further wishing to speak on this matter, Chair/Torng closed the public hearing. C/Shah moved, C/Dhingra seconded, to approve Development Review and Minor Conditional Use Permit No. PL2013-147, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Dhingra, Lin, Shah, VC/ Farago; Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Dhingra congratulated Chair/Torng for being elected to the Walnut Valley Unified School District Governing Board. C/Shah and VC/Farago congratulated Chair/Torng as well. Chair/Torng thanked his colleagues for their support during a hard fought battle. 10. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman congratulated Chair/Torng on his election to the Walnut Valley Unified School District Governing Board. 0DRAFT NOVEMBER 12, 2013 PAGE 5 PLANNING COMMISSION CDD/Gubman stated that the only item on the agenda for November 26, 2013, is the Housing Element update for the 5th Cycle Housing Element which requires adoption by the City Council and State certification by the middle of February 2014. Staff will present the Draft Housing Element update to the Commission and present the document to state HCD for its 60 -day review. Once conditional certification is received, staff will present the document to City Council for adoption of the Resolution that will be forwarded to the State to keep Diamond Bar in good standing in terms of General Plan conformity until 2021. C/Shah asked for an update on the Ralph's location. CDD/Gubman responded that there will be a new major national grocery chain which should be open by the middle of 2014. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:28 p.m. The foregoing minutes are hereby approved this 26th day of November, 2013. Attest: Respectfully Submitted, Greg Gubman Community Development Director Tony Torng, Chairman .IT 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 NO. 7.1 MEETING DATE: November 26, 2013 CASE/FILE NUMBER: 2013-2021 Housing Element Update (Planning Case No. PL2013-550) LEAD AGENCY: City of Diamond Bar Community Development Department PROJECT LOCATION: Citywide APPLICATION REQUEST: To recommend that the City Council take the following actions: 1. Find that the 2013-2021 Housing Element update is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3); and 2. Adopt the General Plan Housing Element Amendment for the 2013-2021 planning period. BACKGROUND: The 2013-2021 Housing Element provides for the identification and analysis of existing and projected housing needs and articulates the City's official policies for the preservation, conservation, improvement and production of housing within the City of Diamond Bar. The Housing Element is one of seven mandatory General Plan elements as required by the State of California, and as provided in Sections 65580 to 65589.8 of the California Government Code, State law requires that each jurisdiction's Housing Element consist of "an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, and scheduled program actions for the preservation, improvement and development of housing." The Housing Element plans for the provision of housing for all segments of the population. Page 1 of 6 In accordance with Section 65583 of the California Government Code, the Housing Element is required to include the following components: A review of the previous Housing Element's goals, policies, objectives and programs to ascertain the effectiveness of each of these components, as well as the overall effectiveness of the Housing Element; • An assessment of housing need and an inventory of resources and constraints related to meeting these needs; • A statement of goals, policies and quantified objectives related to maintenance, preservation, improvement and development of housing; and • A policy program that provides a schedule of actions that the City is undertaking or intends to undertake implementing the policies set forth in the Housing Element. ANALYSIS: State Law and Local Planninq Requirements Pursuant to Section 65302(c) of the, California Government Code, all cities and counties are required to prepare a Housing Element as part of their comprehensive General Plans. It is the State's main goal that every resident of California have decent home and suitable living environment. This Housing Element update covers the "5th cycle" planning period from October 2013 to October 2021. Housing Element Organization: The Housing Element is organized into five chapters, as described below • Chapter I: Introduction — describes the purpose, organization and requirements of the Housing Element; • Chapter II: Housing Needs Assessment — analyzes the demographics, economics and housing trends in Diamond Bar and describes the housing needs of the City; • Chapter III: Resources and Opportunities — analyzes resources for housing, including land, financial and administrative resources, and opportunities for energy conservation; • Chapter IV: Constraints — analyzes both governmental and non-governmental constraints; and • Chapter V: Housing Action Plan — provides goals and policy actions for the construction, conservation, rehabilitation and preservation of housing in the city. Supporting background material is included in the following appendices: Page 2 of 6 • Appendix A: Review of 2008-2014 Housing Element Performance Evaluation • Appendix B: Residential Land Resources • Appendix C: Public Participation Summary Key Issues The prior 2008-2013 Housing Element included several programs to address significant changes in state law, including requirements related to zoning for emergency shelters, transitional and supportive housing, and procedures to ensure reasonable accommodation for persons with disabilities. Within the past few years, amendments to the Municipal Code have been adopted to reflect new laws related to housing for persons with special needs. Another major program in the prior Housing Element — creation of the RH-30 zoning district and a companion zone change in the Tres Hermanos area - was required in order to provide adequate sites suitable for affordable housing. That program was completed earlier this year and no further land use changes are required for the 2013-2021 period. While the new Housing Element has been extensively revised to include updated demographic information, no new policies or programs are proposed or required. The proposed changes to the Housing Action Plan reflect the City's completion of required zoning amendments in the previous planning cycle. Regional Housing Needs Assessment (RHNA): The RHNA is mandated by State law and requires that each city accommodate a share of the region's housing need by adopting land use plans and regulations to provide for a variety of housing for all economic segments of the community. The RHNA is linked to availability of sites with appropriate zoning. Appendix B of the Housing Element includes an analysis of the City's assigned share of the region's housing needs and the availability of vacant and underutilized sites that can accommodate new housing development commensurate with the RHNA. In addition, state law requires that cities adopt programs to encourage and facilitate new housing at all income levels. Diamond Bar's RHNA allocation for the new planning period is 1,146 housing units distributed to income categories as follows: Above Very Low Low Moderate Moderate Total 308* 182 190 466 1,146 'Per slate law, half of the very -low units are assumed to be in the extremely low category Source: SLAG 2012 The residential land inventory contained in Appendix B of the Housing Element demonstrates that there are sufficient sites with appropriate zoning to accommodate the RHNA allocation in all income categories. Under state law, zoning that allows multi - Page 3 of 6 family development at a density of 30 units/acre is deemed necessary to facilitate development of housing that is affordable to very -low- and low-income households in metropolitan areas of Southern California. It should be noted that the Tres Hermanos zone change satisfied the City's very -low- and low-income RHNA allocations in both the 2008-2013 and the 2013-2021 periods because the site remains available for development. Alternative Sites for Affordable Housing During the prior Housing Element period, the City was required by state law to amend the Land Use Element and zoning regulations to create a new RH-30 district allowing multi -family development at a density up to 30 units/acre. The RH-30 was applied to property within the Tres Hermanos area adjacent to Diamond Ranch High School in order to provide adequate sites for affordable housing. Since that site is still available for development, it also satisfies the City's RHNA requirement for the 2013-2021 period. During the review process for the Tres Hermanos amendment, there was discussion at the Planning Commission and City Council hearings about the possibility of designating alternative sites to satisfy state affordable housing requirements as part of the 2013-2021 Housing Element update. At those meetings, staff noted that other locations such as the Kmart Center were initially proposed for rezoning to satisfy state requirements, but the Department of Housing and Community Development (HCD) rejected that option. The Planning Commission and City Council expressed support for seeking alternative options for satisfying the City's affordable housing obligations under state housing law, such as reconsideration of the Kmart site or the light industrial area in the northwestern part of the city. In order for the City to satisfy state affordable housing requirements with sites other than Tres Hermanos, those sites would need to be zoned to allow multi -family development at 30 units/acre. Neither the Kmart site nor the light industrial area are currently zoned to allow high-density multi -family development, therefore, amendments to the General Plan and zoning would be required in order for these sites to satisfy state affordable housing requirements. Due to the state -mandated February 2014 deadline for adopting the new Housing Element and the time required to prepare CEQA documentation and General Plan/zoning amendments, it is not possible for these alternate sites to fully satisfy state requirements in time for adoption of the 2013-2021 Housing Element. However, it may be possible to amend the Housing Element at a later date to include alternate sites for affordable housing. General Plan and zoning amendments for alternate affordable housing sites could be considered as part of a comprehensive update to the General Plan, which has not been comprehensively reviewed since its initial adoption nearly 20 years ago. A General Plan update would require a major commitment of City resources, but would also provide a valuable opportunity to reevaluate City policies and priorities, current conditions, and opportunities for the next 20 years. If authorized by the City Council, it is estimated that a comprehensive General Plan update could be commenced within the next 2-3 years. Page 4 of 6 ENVIRONMENTAL ASSESSMENT: The draft 2013-2021 Housing Element does not propose any new policies or programs that would change the nature of development or result in new environmental impacts not previously analyzed, therefore, the element is exempt from the provisions of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. OPPORTUNITIES FOR PUBLIC INVOLVEMENT: A public workshop for the Housing Element update was conducted on Thursday, November 7, 2013, at City Hall, Three persons attended the workshop, including residents of both Diamond Bar and Pomona. Staff provided a presentation covering the Housing Element process and schedule, state requirements, key issues, and future opportunities for participation. Following this Planning Commission hearing, the City Council will conduct a public hearing to consider adoption of the Housing Element. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed on November 13, 2013, to all property owners within a 1,000 -foot radius of the Tres Hermanos rezoning area, to all participants who attended the scoping meeting for the Tres Hermanos rezoning project, to all speakers who testified at the Planning Commission and City Council hearings on the Tres Hermanos rezoning project and to those who submitted comments in writing. The notice was also published in the San Gabriel Valley Tribune newspaper on November 15, 2013, and a copy of the public notice was posted at the City's three designated community posting sites. In addition to the above notifications described above, staff conducted further outreach encouraging participation and publicized the Planning Commission hearing through the following methods: • The draft Housing Element was posted on the City's website. • Announcement on the City's cable government access channel DBty; • Press releases to media outlets such as San Gabriel Valley Tribune, Diamond Bar Highlander and Sing Tao newspapers, diamondbar-walnut.patch.com, and OurWeeklyNewspaper.com. • Hard copies were made available for review at City Hall and the Diamond Bar Branch of the Los Angeles County Library. Page 5 of 6 RECOMMENDATION: Staff recommends that the Planning Commission take the following actions: 1. Find that the 2013-2021 Housing Element update is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3); and 2. Adopt a Resolution recommending that the City Council approve a General Plan Housing Element Amendment for the 2013-2021 planning period. Prepared by: i610 M -- -tP19-twer Attachments: Reviewed by: ,-� VAV Greg Gubman, AICP Community Development Director 1. PC Resolution No. 2013 -XX (Recommending City Council Approval of the General Plan Housing Element Update for the 2013-2021 period) Page 6 of 6 Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2013 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT THE 2013-2021 HOUSING ELEMENT UPDATE. A. RECITALS 1. 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, and has been amended from time to time as necessary to reflect changed circumstances, laws or City policies. 2. State law requires all jurisdictions within the Southern California Association of Governments (SLAG) region to update the Housing Elements of their General Plans for the 5th planning cycle, which covers the 2013-2021 period. 3. On November 7, 2013, the City conducted a duly noticed public workshop to review issues to be addressed in the Housing Element update. 4. On November 26, 2013, the Planning Commission held duly noticed public hearing to review the draft 2013-2021 Housing Element Update. At that hearing all interested persons were provided an opportunity of offer comments on the proposed Housing Element. 5. As required by State law, the Draft 2013-2021 Housing Element Update was submitted to the California Department of Housing and Community Development (HCD) for review on November 14, 2013. 6. The 2013-2021 Housing Element update is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Draft 2013-2021 Housing Element does not propose any new policies or programs that would change any land use or development. It can therefore be seen with certainty that there is no possibility that its adoption would have a significant effect on the environment. 7. The 1995 General Plan remains properly integrated and internally consistent as required by California Government Code Section 65300.5., 8. Public hearing notices were mailed on November 13, 2013, to all property owners within a 1,000 -foot radius of the Tres Hermanos rezoning area, to all participants who attended the scoping meeting for the Tres Hermanos Housing Element 2013-2021 1 rezoning project, to all speakers who testified at the Planning Commission and City Council hearings on the Tres Hermanos rezoning project, and to those who submitted comments in writing. The notice was also published in the San Gabriel Valley Tribune newspaper on November 15, 2013, and a copy of the public notice was posted at the City's three designated community posting sites. In addition to the above notifications described above, staff conducted further outreach encouraging participation and publicized the Planning Commission hearing through the following methods: The draft Housing Element was posted on the City's website; announcement on the City's cable government access channel DBty; press releases to media outlets such as San Gabriel Valley Tribune, Diamond Bar Highlander and Sing Tao newspapers, diamond bar-walnut.patch. com, and OurWeeklyNewspaper. com; and hard copies were made available for review at City Hall and the Diamond Bar Branch of the Los Angeles County Library. 9. All legal prerequisites to the adoption of this resolution have occurred. 10. The documents and materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar„ CA 91765. B. RESOLUTION NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Diamond Bar, as follows: 1. That all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the proposed 2013-2021 Housing Element is exempt from requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Draft 2013-2021 Housing Element does not propose any new policies or programs that would change any land use or development. Therefore, it can be seen with certainty that there is no possibility that its adoption would have a significant effect on the environment. 3. The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that General Plan Amendment for the 2013-2021 Housing Element (Planning Case No. PL2013-550), attached hereto as Exhibit "A" and incorporated by reference into this Resolution, implements the goals of the City and satisfies all of the requirements of state law. Housing Element 2013-2021 2 4. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment (Planning Case No. PL2013-550) for the City of Diamond Bar, attached hereto as Exhibit "A" and incorporated herein by reference. 5. The Planning Commission finds and determines that General Plan Amendment (Planning Case No. PL2013-550) is consistent and compatible with and implements the goals, objectives and strategies of the City of Diamond Bar General Plan. The Planning Commission Secretary shall: (a) Certify as 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. PASSED, APPROVED AND ADOPTED THIS 26th DAY OF NOVEMBER, 2013, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Tony Torng, Chairman I, Greg Gubman, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 26th day of November, 2013, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAINED: COMMISSIONERS: ATTEST: Attachments: Exhibit A: Greg Gubman, Secretary 2013-2021 Diamond Bar Housing Element Housing Element 2013-2021 3 Exhibit A CDvv OO r - DD rcoifi November 2013 Diamond Bar 2013-2021 Housing Element Contents Introduction ................................. A. Community Context............ B. Role of Housing Element..............................................................................................................1-2 1. Land Use Plans and Regulations...........................................................................................IV-1 C. Data Sources..................................................................................................................................1-4 IV -10 D. Public Participation ....................... :............................................................................................ :.1-4 E. Relationship to Other General Plan Elements......................................................................... 1-5 HousingNeeds Assessment ............................... .......... ....... ................................................. I.... II -1 A. Population Characteristics..........................................................................................................11-1 1. Population Growth Trends.......................................................................................................11-1 2. Age..............................................................................................................................................II-2 3. Race and Ethnicity................................................................................................................... II -3 B. Household Characteristics..........................................................................................................11-3 1. Household Composition and Size..........................................................................................11-3 2. Housing Tenure and Vacancy .................. .............................................................................. 11-4 3. Overcrowding ............................................ ................................................................................ 11-5 4. Household Income................................................................................................................... II -6 5. Overpayment............................................................................................................................11-6 C. Employment...................................................................................................................................II-7 1. Current Employment................................................................................................................11-7 2. Projected Job Growth..::......................................................................................................... II -8 D. Housing Stock Characteristics...............................................................................•....................11-9 1. Housing Type and Growth Trends ............ ............................................................................ 11-10 2. Housing Age and Conditions................................................................................................11-10 3. Housing Cost............................................................................................................................ II -12 E. Special Needs............................................................................................................................ II -13 1. Persons with Disabilities..........................................................................................................11-13 2. Elderly........................................................................................................................................11-16 3. Large Households, ................................................................... .............................................. 11-16 4. Female -Headed Households................................................................................................11-17 5. Farm Workers............................................................................................................................11-18 6. Homeless Persons.................................................................................................................... II -18 F. Assisted Housing at Risk of Conversion.................................................................................. II -19 G. Future Growth Needs................................................................................................................ II -19 1. Overview of the Regional Housing Needs Assessment ..... ............................................... 11-19 2. 2014-2021 Diamond Bar Growth Needs.............................................................................. II -20 III. Resources and Opportunities ................ ............................ ...................................................... III -1 A. Land Resources ........................ :................................................................................................... III -1 B. Financial and Administrative Resources.................................................................................III-1 1. State and Federal Resources ......................................... ................................. ........................ III -1 2. Local Resources........................................................................................................................III-2 C. Energy Conservation Opportunities.........................................................................................III-4 IV. Constraints.................................................................................................................................IV-1 A. Governmental Constraints...................................................... ................. ................................. IV -1 1. Land Use Plans and Regulations...........................................................................................IV-1 2. Development Processing Procedures .................... ............................................................ IV -10 3. Development Fees and Improvement Requirements....................................................IV-13 B. Non -Governmental Constraints.............................................................................................IV-14 1. Environmental Constraints....................................................................................................IV-14 2. Infrastructure Constraints......................................................................................................IV-17 Draft I November2013 Diamond Bar 2013-2021 Housing Element 3. Land Costs...............................................................................................................................IV-17 4. Construction Costs ..................... ....................................... ....... ............... ............................... IV -18 5. Cost and Availability of Financing......................................................................................IV-18 C. Fair Housing................................................................................................................................IV-18 V. Housing Action Plan.................................................................................................................V-1 A. Goals and Policies.......................................................................................................................V-1 B. Housing Programs........................................................................................................................V-3 Conserving the Existing Supply of Affordable Housing.................................................................V-3 1. Residential Neighborhood Improvement Program ................... ......................................... V-3 2. Home Improvement Program ..................... ........................................................................... V-4 3. Single -Family Rehabilitation Program...................................................................................V-4 4. Section 8 Rental Assistance Program....................................................................................V-4 5. Preservation of Assisted Housing............................................................................................V-4 6. Mobile Home Park Preservation.............................................................................................V-5 Assisting in the Provision of Housing..................................................................................................V-5 7. First -Time Homebuyer Assistance Programs.........................................................................V-S 8. Senior and Workforce Housing Development.....................................................................V-6 Providing Adequate Housing Sites to Achieve a Variety and Diversity of Housing ................V-7 9. Land Use Element and Zoning, ............................................................................................... V-7 10. Mixed Use Development ........................... .............................................................................. V-8 11. Second Units ....... ...................................................................................... ................................. V-9 12. Emergency Shelters and Transitional/Supportive Housing................................................V-9 13. Redevelopment of Underutilized Sites..................................................................................V-9 Removing Governmental Constraints...........................................................................................V-1C 14. Affordable Housing Incentives/Density Bonus ........................................ ........................... V -1C 15. Efficient Project Processing...................................................................................................V-1 C Promoting Equal Housing Opportunities....................................................................................... V-11 16. Fair Housing Program ................................. ............................................................................ V-11 17. Reasonable Accommodation for Persons with Disabilities ............................................. V-11 Appendix A - Evaluation of the Prior Housing Element Appendix B - Residential Land Inventory Appendix C - Public Participation Summary Draft I November 2013 Diamond Bar 2013-2021 Housing Element List of Tables Table II -1 Population Trends 1990-2013 - Diamond Bar vs. Los Angeles County ..........................II -2 Table II -2 Age Distribution - Diamond Bar vs. Los Angeles County.................................................II-2 Table II -3 Race/Ethnicity- Diamond Bar vs. Los Angeles County...................................................11-3 Table II -4 Household Composition - Diamond Bar vs. Los Angeles County.................................11-4 Table II -5 Household Tenure - Diamond Bar vs. Los Angeles County.............................................11-5 Table II -6 Overcrowding - Diamond Bar vs. Los Angeles County...................................................11-5 Table II -7 Median Household Income - Diamond Bar vs. Los Angeles County.............................11-6 Table II -8 Overpayment by Income Category - Diamond Bar.......................................................11-7 Table II -9 Labor Force Characteristics - Diamond Bar vs. Los Angeles County............................11-7 Table II -10 Employment by Occupation- Diamond Bar .................................................... ................ II -8 Table II -11 Job Location for Diamond Bar Residents...........................................................................II-8 Table II -12 2010-2020 Industry Employment Projections - Los Angeles County..............................11-9 Table II -13 Housing by Type, 2000-2013- Diamond Bar vs. Los Angeles County ......................... II -10 Table II -14 Age of Housing Stock by Tenure - Diamond Bar vs. Los Angeles County ................. II -11 Table II -15 Residential Neighborhoods with Housing Rehabilitation Needs ................................. II -1 l Table II -16 Income Categories and Affordable Housing Costs - Los Angeles County .............. II -12 Table II -17 Persons with Disabilities by Age- Diamond Bar...........................................::................11-14 Table II -18 Elderly Households by Tenure - Diamond Bar................................................................. II -16 Table II -19 Household Size by Tenure - Diamond Bar....................................................................... II -17 Table II -20 Household Type by Tenure - Diamond Bar..................................................................... II -17 Table II -21 2014-2021 Regional Housing Growth Needs - Diamond Bar ....................................... II -20 Table IV -1 Residential Land Use Categories - Diamond Bar General Plan...................................IV-2 Table IV -2 Residential Development Standards.................................................................................IV-3 Table IV -3 Permitted Residential Development by Zoning District..................................................IV-4 Table IV -4 Residential Parking Requirements.......................................................................................IV-8 Table IV -5 Review Authority for Residential Development ................................................. :........... IV -IC Table IV -6 Planning and Development Fees.....................................................................................IV-13 Table IV -7 Road Improvement Standards......,.................................................................................IV-14 Table V-1 Housing Implementation Program Summary ...............................................:................. V -1r Table V-2 Quantified Objectives, 2013-2021 City of Diamond Bar .............................................. V -l: List of Figures Figure 1-1 Regional Location - Diamond Bar.......................................................................................1-3 Figure IV -1 Environmental Constraints..................................................................................................IV-16 Draft I November 2013 Diamond Bar 2013-2021 Housing Element This page intentionally left blank iv Draft i November 2013 Diamond Bar 2013-2021 Housing Element I. Introduction INTRODUCTION A. Community Context The City of Diamond Bar is located in the southeast corner of Los Angeles County, at the intersection of Los Angeles, Orange, and San Bernardino Counties. The City is situated at the eastern end of the East San Gabriel Valley, adjacent to State Routes 57 and 60 ("Pomona Freeway") as shown in Figure 1. Diamond Bar began as Rancho Los Nogales (Rancho of the Walnut Trees) after a Spanish land grant in 1840. At its height, it was one of the largest cattle and walnut ranches in Southern California. Until the mid -20th century, this land was alternately combined and divided for various agricultural uses. In 1956, the Christiana Oil Corporation and the Capital Oil Company, a subsidiary of the Transamerica Corporation, purchased the Diamond Bar Ranch. A comprehensive development plan was prepared and approved, making Diamond Bar one of the first master -planned communities in Los Angeles County. During the 1960s, suburban development spread eastward from the Los Angeles basin, stimulating local housing and population growth as Diamond Bars open hillsides were replaced with homes. Despite its initial conception as a master -planned community, Diamond Bar was not developed in an orchestrated manner while it remained an unincorporated community. In March 1989, local voters approved incorporation in order to assert stricter control over local development. On April 18, 1989, Diamond Bar became the 861h city in Los Angeles County, and by 2007 had grown to a population of about 60,000 with approximately 18,000 housing units. The ethnic composition of Diamond Bar is distinctly different from Los Angeles County as a whole. Recent Census estimates revealed that the City's demographic makeup included 52% Asian and 21% white, compared to 14% and 28%, respectively, in Los Angeles County. Hispanics comprised about 20% of the City's residents, compared to 48% countywide. The City's population is aging; between 1980 and 2010, the median age for Diamond Bar increased from 27.5 years to 41.0 years. The senior population also grew; the share of the population aged 65 years and above increased from 2% in 1980 to about 11% in 2010. In terms of actual numbers, the senior population increased from approximately 600 persons in 1980 to nearly 6,500 persons in 2010. It is anticipated that the City will continue - to experience growth in its senior population as the. post -World War II "Baby Boom" generation' transitions into retirement. In contrast to the size of its population, Diamond Bar has a relatively small employment base. According. to recent Census estimates2 there were approximately 15,655 jobs in the City compared to about 18,500 housing units. Major employers include Allstate Insurance, Travelers Insurance, South Coast Air Quality Management District, and the Walnut Valley Unified School District. While the City actually lost jobs during the recessions of the early 1990s and 2008-2012, the Southern California Association of Governments ' "Baby Boomers" are those born between 1946 and 1964. In 2011 the first Boomers reached age 65. 2 SCAG based on 2006-2008 Census Transportation Planning Package 1-1 Draft I November 2013 Diamond Bar 2013-2021 Housing Element I. Introduction projects a significant increase in employment in the region from about 7.2 million in 2010 to about 9.4 million in 2035. Diamond Bar offers a variety of housing choices. Single-family homes account for about 72% of all units, while condominiums and apartments constitute about 9% and 17% respectively of the housing stock. The City also contains two mobile home parks, which comprise the remaining 2% of the housing stock. The housing stock generally is in good physical condition. However, four older single-family neighborhoods with units constructed during the 1960s and 1970s are showing signs of aging and deferred maintenance and could be the focus for potential housing rehabilitation programs. The City has one assisted housing project, The Seasons Apartments, providing 149 senior housing units, all of which are reserved for low- and moderate -income households. Housing prices for Diamond Bar are relatively high with the median single-family detached home price of approximately $500,000 and a median price for condominiums of approximately $245,000 in 2012. Although there are relatively few apartments in Diamond Bar, representative rents for 2 -bedroom apartments are typically $1,400 to $1,500 per month. Most of the easily buildable land in the City has already been developed, and much of the remaining land is exposed to a variety of geotechnical and topographic conditions that may constrain the development of lower-priced homes. In addition, inadequate infrastructure may also act as a constraint to residential development. The majority of future residential growth in Diamond Bar will occur in the underdeveloped northeast and southern areas. Over 700 acres of the Tres Hermanos Ranch falls within the City and is anticipated to include some multi -family housing on areas of moderate slope. B. Role of Housing Element Diamond Bar is faced with various important housing issues that include a balance between employment and housing opportunities, a match between the supply of and demand for housing, preserving and enhancing affordability for all segments of the population, preserving the quality of the housing stock, and providing new types of housing necessary to accommodate growth and the changing population. This Housing Element provides policies and programs to address these issues. Diamond Bar's Housing Element is an eight-year plan for the period 2013-2021 unlike other General Plan elements which typically cover a 10- to 20 -year planning horizon. This Housing Element identifies strategies and programs that focus on: 1) conserving and improving existing affordable housing; 2) providing adequate housing sites; 3) assisting in the development of affordable housing; 4) removing governmental and other constraints to the housing development; and 5) promoting equal housing opportunities. 1-2 Draft I November 2013 Diamond Bar 2013-2021 Housing Element I. Introduction Figure 1-1 Regional Location — Diamond Bar bL 12101,bAA , 10 POMONA/ LOS ANGELES _ t Ci3UNTY _ PQMDNAELI. ONT RIO WALNUTCRY OF OF_ fNnUs'1'ttY - EST COVINA _ —reU; 171A (37 ~R Ci31Na HILLS 831 C hIINO i r` Floy Scout •., SAN aFrrNaRvrroa BREA �•� QQUNrY "SA i VORHA ., LINDA ��• _.s� PLACENTIA FH \` F NAHFIM ` \. OPANGE COUNTY 1-3 Draft I November 2013 Diamond Bar 2013-2021 Housing Element I. Introduction The Diamond Bar Housing Element consists of the following major components: • An analysis of the City's demographic and housing characteristics and trends (Chapter il); • An evaluation of resources and opportunities available to address housing issues (Chapter III); • A review of potential market, governmental, and environmental constraints to meeting the City's identified housing needs (Chapter IV); • The Housing Action Plan for the 2013-2021 planning period (Chapter V); and • A review of the City's accomplishments during the previous planning period (Appendix A). • A detailed inventory of the suitable sites for housing development (Appendix B) G. Data Sources In preparing the Housing Element, various sources of information were consulted. The 2010 Census and American Community Survey data provide the basis for population and household characteristics. The Census remains the most comprehensive and widely accepted source of information on demographic characteristics. Other sources of information are used to supplement and provide reliable updates of the 2010 Census, and include: • Population and demographic data provided by the State Department of Finance; •. Housing market information, such as home sales, rents, and vacancies; • Local and County public and nonprofit agency information on special needs populations, services available to them, and gaps in the system; • Information on housing conditions based on City planning and code enforcement activities. D. Public Participation Residents, businesses and interest groups participated in the City's Housing Element update process and were an important component of the overall program. A public workshop was conducted to discuss the Housing Element update, and prior to the public hearings copies of the draft Element were disseminated for review throughout the community at locations including City Hall, Diamond Bar Public Library and the City's website. In order to make citizens aware of the availability of the Housing Element, the City placed advertisements in two daily publications, the Inland Valley Daily and the San Gabriel Valley News. 1-4 Draft I November 2013 Diamond Bar 2013-2021 Housing Element I. Introduction Following the public workshop and Planning Commission hearing, the draft Housing Element was submitted to the State Department of -Housing and Community Development (HCD) for review. The element was then revised to respond to HCD comments and the draft element was reviewed at a public hearing held by the City Council.prior to final adoption. Notices of all public hearings were posted in the local newspaper and meetings are televised to provide broader outreach to the community. Please see Appendix E for further information regarding the public participation program. E. Relationship to Other General Plan Elements The City of Diamond Bar General Plan consists of six elements: 1) Land Use; 2) Housing; 3) Resource Management; 4) Public Health and Safety; 5) Circulation; and 6) Public Services and Facilities. This Housing Element builds upon the other General Plan elements and is consistent with the policies and proposals set forth by the Plan. Examples of inter - element consistency include: residential development capacities established in the Land Use Element are incorporated within the Housing Element, and the discussion of environmental constraints in the Housing Element is based upon information from the Resource Management and Public Health and Safety elements. As the General Plan is amended over time, the Housing Element will be reviewed for consistency, and amended as necessary to maintain an internally consistent Plan. SB 1087 of 2005 requires cities to provide a copy of their Housing Elements to local water and sewer providers, and also requires that these agencies provide priority hookups for developments with lower-income housing. The draft Housing Element was provided to these agencies for review, and was again provided to them upon City Council adoption. 1-5 Draft I November2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment II. HOUSING NEEDS ASSESSMENT Diamond Bar lies in southeastern Los Angeles County, approximately 28 miles east of Los Angeles. Diamond Bar's recorded history began with a Mexican land grant. On March 30, 1840, Governor Juan Alvarado deeded 4,340 acres, which included Brea Canyon and the eastern Walnut Valley, to Jose de la Luz Linares, who founded Rancho Los Nogales, or Ranch of the Walnut Trees. Over time, and as the United States government took over California, Rancho Los Nogales was divided and sold into multiple land ranches, the largest of which was the Diamond Bar Ranch. The entire Diamond Bar Ranch was acquired by the Transamerica Corporation in the 1950s for the purpose of developing one of the nation's first master -planned communities, named Diamond Bar. The City of Diamond Bar was incorporated on. April 18, 1989, and by 2013 had a population of approximately 56,099. Diamond Bar is approximately 14.9 square miles in area and is surrounded by the cities of Pomona to the north, Industry to the northwest, the unincorporated community of Rowland Heights to the west, the Firestone Boy Scout Reservation in unincorporated Los Angeles County to the south, and Chino Hills to the east. According to recent Census data, the population's median household income was $90,153, approximately 63% higher than that of Los Angeles County ($55,476). This chapter examines general population and household characteristics and trends, such as age, race and ethnicity, employment, household composition and size, household income, and special needs. Characteristics of the existing housing stock (e.g., number of units and type, tenure, age and condition, costs) are also addressed. Finally, the City's projected housing growth needs based on the 2014-2021 Regional Housing Needs Assessment (RHNA) 3 are examined. The Housing Needs Assessment utilizes the most recent data from the U.S. Census, California Department of Finance (DOF), California Employment Development Depart- ment (EDD), Southern California Association of Governments (SCAG) and other relevant sources. Supplemental data was obtained through field surveys and from private vendors. A. Population Characteristics 1. Population Growth Trends Diamond Bar was incorporated in 1989 with much of its territory already developed. From 1990 to 2000, the City's population grew by approximately 4.9%. From 2000 to 2013 the City's population was relatively stable, but declined by 188 residents (-0.3%) to an estimated population of 56,099 (see Table II -1). The City's 2013 population represents approximately 0.6% of the county's total population of 9,958,091. 'State law establishes a timeframe of 20142021 for the RHNA and 2013-2021 for the Housing Element planning period. II -1 Draft I November 2013. Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment Table II -1 Population Trends 1990-2013 — Diamond Bar vs. Los Angeles County Diamond Bar 53,672 1 56,287 1 56,099 4.9% -0.3% Los Angeles County 8,863,164 9,519,330 1 9,958,091 7.4% 4.6% Source: U.S. Census, California Dept. of Finance Table E-5 (2013) 2. Age Housing needs are influenced by the age characteristics of the population. Different age groups require different accommodations based on lifestyle, family type, income level, and housing preference, Table II -2 provides a comparison of the City's and county's population by age group. The median age of the City's population is approximately 6.2 years older than the county median. This is particularly apparent in the 45-64 age groups, with this age cohort representing approximately 33% of the City's population and only 25% of the county's population. Table II -2 Age Distribution — Diamond Bar vs. Los Angeles County II -2 Draft I November 2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment 3. Race and Ethnicity The racial and ethnic composition of the City differs significantly from the county's demographic makeup. For example, approximately 52% of City residents are Asian, contrasted with 13.5% for the county as a whole. Non -Hispanic Whites make up the next largest percentage of the population at 21.3%, which is 6.5% less than the county. The percentage of Hispanics or Latinos residing in the City is 20.1%, substantially less than the 47.7% in the county as a whole (Table II -3). Table II -3 Race/Ethnicity Diamond Bar vs. Los Angeles County Not Hispanic or Latino Diamond Bar Los Angeles County 44,406 79.9% 5,130,716 mITT 52.3% -White 11,812 21.3% 2,728,321 27.8% -Black or African American 2,194 4.0% 815,086 8.3% -American Indian/Alaska Native 67 0.1% 18,886 0.2% -Asian 28,883 52.0% 1,325,671 13.5% -Native HawaiianlPacitic Islander 92 0.2% 22,464 0.2% -Other races or 2+ races 1,358 2.4% 220,288 2.2% Hispanic or Lafino (any race 11,138 20.1% 4,687,889 47.7% Total 55,544 1 100.0% 1 9,818,605 1 100.0% Smrce: 2010 Census, Table DP -1 B. Household Characteristics Household Composition and Size Household characteristics are important indicators of the type and size of housing needed in a city. The Census defines a "household" as all persons occupying a housing unit, which may include single persons living alone, families related through marriage or blood, or unrelated persons sharing a single unit. Persons in group quarters such as dormitories, retirement or convalescent homes, or other group living situations are included in population totals but are not considered households. Table II -4 provides a comparison of households by type for the City and Los Angeles County as a whole as reported in recent Census data. Family households comprised approximately 83% of all households in the City, about 15 percentage points higher than the county composition of 68% of all households. There are far fewer non -family households in Diamond Bar than the County as a whole (17% City vs. 32% county) as well as singles living alone (13% City vs. 24% county). The City's average household size of 3.10 is slightly higher than Los Angeles County as a whole (2.98). These statistics suggest that II -3 Draft I November 2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment that the need for large units in Diamond Bar may be slightly higher than other areas of the county. Table II -4 Household Composition - Diamond Bar vs. Los Angeles County Family households: 14,843 83% 2,194,080 68% Husband -wife family 11,792 66% 1,480,665 46% With own children under 18 years 5,202 29% 721,804 22% Male householder, no wife present 886 ' 5% 216,368 7% With own children under 18 years 276 2% 92,161, 3% Female householder, no husband present 2,165 12% 497,047 15% With own children under 18 years 802 4% 239,012 7% Non -family households: 3,037 17%. 1,047,124 32% Householder living alone 2,308 13% 784,928 24% Households with individuals under 18 years 7,008 39% 1,220,021 3B% Households with individuals 65 years and 4,661 26% 790,386 24% over Total households 17,880 100% 3,241,204 100% Average household size 3.1 2.98 Source: 2010 Census, Table DP -1 2. Housing Tenure and Vacancy Housing tenure (owner vs. renter) is an important indicator of the housing market. Communities need an adequate supply of units available both for rent and for sale in order to accommodate a range of households with varying income, family size and composition, and lifestyle. Table II -5 provides a comparison of the number of owner - occupied and renter -occupied units in the City as compared to the county as a whole. It reveals that the level of homeownership for the City (78.6%) is much higher than that for the county as a whole (44.8%). Vacancy rates were relatively low in the City compared to the county, with an overall vacancy rate of about 3% compared to 6% for Los Angeles County. 11-4 Draft I November 2013 Diamond Bar 2013-2021 Housing Element it. Housing Needs Assessment Table II -5 Household Tenure - Diamond Bar vs. Los Angeles County Occupied housing units 17,880 96.9% 3,241,204 94.1% Owner -occupied housing units 14,513 78.6% 1,544,749 44.8% Average household size of owner -occupied units 3.11 3.16 14,950 100% Renter -occupied housing units 3,367 18.2% 1,696,455 49.2% Average household size of renter -occupied units 3.07 2.81 1.51 to 2.00 Vacant housing units 575 3.1% 203,872 5.9% For rent 1.0% 104,960 3.0% Rented, not occupied 0.1% 4,994 0.1% For sale only 0.7% 26,808 0.8`y° Sold, not occupied 0.2% L71 6,726 0.2% For seasonal, recreational, or occasional use 0.4% 19,099 0.6% All othervacants 0.7% 41,285 1.2% Homeowner vacancy rate (%) no 1.7 Rental vacancy rate (%) 5.2 5.8 Total housing units 1 18,455 1 100% 1 3,445,076 100% Source: 2010 Census, Table DP -1 3. Overcrowding Overcrowding is often closely related to household income and the cost of housing. The U.S. Census Bureau considers a household to be overcrowded when there is more than one person per room, excluding bathrooms and kitchens, and severely overcrowded when there are more than 1.5 occupants per room. Table II -6 summarizes the incidence of overcrowding for Diamond Bar as compared to Los Angeles County as a whole. Table II -6 overcrowding - Diamond Bar vs. Los Angeles County AD5, IaD1eaZbe74 II -5 Draft I November 2013 r Occupants per Room Owner occupied units 14,950 100% 1,552,091 100% 1.01 to 1.50 234 1.6% 71,920 4.6% 1.51 to 2.00 0 0.0% 17,241 1.1% 2.01 or more 40 0.3% 4,877 0.3% Renter occupied units 2,866 100% 1,665,798 100% 1.01 to 1.50 116 4.0% 163,166 9.8% 1.51 to 2.00 19 0.7% 86,760 5.2% 2.01 or more 0 0.0% 43,489 2.6% AD5, IaD1eaZbe74 II -5 Draft I November 2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment According to recent Census data, overcrowding was more prevalent among renters than for owner -occupied units. Approximately 4.7% of the City's renter -occupied households were overcrowded compared to 1.9% of owner -occupied households. 4. Household Income Household income is a primary factor affecting housing needs in a community. According to recent Census data, the median household income in Diamond Bar was $90,153, approximately 63% higher than the Los Angeles County median income of $55,476 (Table II -7). Table II -7 Median Household Income - Diamond Bar vs. Los Angeles County Diamond Bar I 90,153 I 163% Los Angeles County 55,476 100% Source: U.S. Census, 2006-2010 ACS, Table DP -3 5. Overpayment According to state housing policy, overpaying occurs when housing costs exceed 30% of gross household income. Table 1178 displays recent estimates for overpayment by lower- income households. According to SCAG, approximately 807. of all lower-income renter households and 71% of all lower-income owner households in Diamond Bar were overpaying for housing. Extremely -low- and very -low-income households appeared to suffer the greatest cost burden. . Although homeowners enjoy income and property tax deductions and other benefits that help to compensate for high housing costs, lower-income homeowners may need to defer maintenance or repairs due to limited funds, which can lead to deterioration. For lower-income renters, severe cost burdens can require families to double up resulting in overcrowding and related problems. The Housing Action Plan (Chapter V) includes several programs that help to address the issue of overpayment, including Section 8 (Program 4), Preservation of Assisted Housing (Program 5), Senior and Workforce Housing Development (Program 8), Land Use Element/Adequate Sites (Program 9), Mixed -Use Development (Program 10), Second Units (Program 11), and Affordable Housing Incentives/ Density Bonus (Program 12). Other programs specifically designed for owner - occupied units include Minor Home Repair and Single -Family Rehabilitation (Programs 2 & 3) and Mobile Home Park Preservation (Program 6). II -6 Draft I November 2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment Table II -8 overpayment by Income Category — Diamond Bar Owners Renters –Home—holds Diamond --Persons Income Category Extremely low households 175 Fp—ercent 135 Percent Households overpaying 175 100.0% 100 74.1% Very low households 820 64.7% 680 65.2% Households overpaying 530 64.6% 615 90.4% Low households 1,700 61.2% 580 59.5% Households overpaying 1,220 71.8% 405 69.8% Subtotal: All lower -Income households 2,695 0.1% 1,395 0.1% Subtotal: Households overpaying 1,925 71.4% 1,120 80.3% Moderate households 2,655 880 Households overpaying 1,685 63.5% 655 74.4% Above moderate households 9,485 710 Households over a 'n 2,545 26.8% 45 6.3% Sours: U.S. Department of Housing and Urban Development CHAS, based on the 20ub-2008 Acs. 1 able m. C. Employment Employment is an important factor affecting housing needs within a community. The jobs available in each employment sector and the wages for these jobs affect the type and size of housing residents can afford. 1. Current Employment Current employment and projected job growth have a significant influence on housing needs during this planning period. Table II-9,shows that the City had a workforce of 29,229 persons, or 64.7% of the working -age population, as reported in recent Census data. This table shows that the characteristics of the City's population are similar to those countywide. The proportion of the working age population in the labor force for Diamond Bar is slightly lower than that of the county. Table II -9 Labor Force Characteristics - Diamond Bar vs. Los Angeles County Diamond --Persons -/. Labor Force Status opulation 16 years and over 45,173 100% Persons--- 7,602,252 % 100% In labor force 29,229 64.7% 4,959,167 65.2% Civilian labor force 29,169 64.60/6 4,953,791 65.2% Employed 27,655 61.2% 4,522,917 59.5% Unemployed 1,514 3.4% 430,874 5.7% Armed Forces 60 0.1% 5,376 0.1% Not In labor force 15,944_ 35.3% 2,643,085 34.8% Recent Census data indicate that 48.3% of the City's working residents were employed in management and professional occupations (Table II -10). A significant percentage of II -7 Draft I November 2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment workers (30.0%) were employed in sales and office related occupations. Approximately 11.3% were employed in service related occupations such as food servers and beauticians. Blue collar occupations such as machine operators, assemblers, farming, transportation, handlers and laborers constituted 10.4% of the workforce. Table II -10 Employment by Occupation - Diamond Bar I Diamond Bar Occupation Persons % illan employed population 16 years and over 27,655 100% Management, business, science, and arts occupations 13,367 48,3% Service occupations 3,122 11.3% Sales and office occupations 8,299 30.0% Natural resources, construction, and maintenance occupations 1,099 4,0% Production, transportation, and material moving occupations 1,768 6.4% Source: U.S. Census 2006-2010 ACS, Table DP3 According to recent Census data, 68.7% of employed Diamond Bar residents worked in Los Angeles County, and approximately 13.8% of all workers were employed within the City limits (Table II -11). Table II -11 Job Location for Diamond Bar Residents VVorkplace Worked in state of residence 99.8% Worked in county of residence 68.7% Worked in place of residence 13.8% Worked outside county of residence 31.0% Worked outside state of residence 0.20/a Source: Census 2006-2010 ACS, Table 50801 2. Projected Job Growth Future housing needs are affected by the number and type of new jobs created during this planning period. Table II -12 shows projected job growth by industry for the Los Angeles -Long Beach -Glendale MSA (Los Angeles County). Total employment in Los Angeles County is expected to grow by 15.5% between 2010 and 2020. The economy is expected to add about 658,000 new jobs and bring the employment of Los Angeles County to about 4.9 million by 2020. II -8 Draft I November 2013 Diamond Bar 2013-2021 Housing Element IL Housing Needs Assessment Table II -12 2010-2020 Industry Employment Projections - Los Angeles County Wages (QCEW) industry employment Industry detail may not add up to totals due to independent rounding. Notes: (A) Self -Employed persons work for profit or tees in (heir own business, profession, trade, or farm. Only the unincorporated self-employed are included in this category. The estimated and projected employment numbers include all workers who are primarily self-employed and wage and salary workers who hold a secondary job as a self-employed worker. (B) Unpaid family workers are those persons who work without pay for 15 or more hours per week on a farm or in a business operated by a member of the household to whom they are related by birth or marriage. (C) Private household workers are employed as domestic workers whose primary activities are to maintain the household. Industry employment is based on QCEW. (D) Temporary U.S. Census workers are included In the base and projected year employment numbers. D. Housing Stock Characteristics This section presents an evaluation of the characteristics of the community's housing stock and helps in identifying and prioritizing needs. The factors evaluated include the number and type of housing units, recent growth trends, age and condition, tenure, vacancy, housing costs, affordability, and assisted affordable units at -risk of loss due to conversion to market -rate units. A housing unit is defined as a house, apartment, mobile home, or group of rooms, occupied as separate living quarters, or if vacant, intended for occupancy as separate living quarters. II -4 Draft I November 2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment Housing Type and Growth Trends As of 2013, the housing stock in Diamond Bar was comprised mostly of single-family homes, making up about 81% of all units, while multi -family units comprised about 17% of the total. The City's housing stock contained 368 mobile home units. Table II -13 provides a breakdown of the housing stock by type along with growth trends for the City compared to the county as a whole for the period 2000-2013. Table II -13 Housing by Type, 2000-2013 - Diamond Bar vs. Los Angeles County Diamond Bar Single-family 15,107 56% 15,009 56% -98 59.2% Multi -family 2,519 I 1840/6 I 14% 181% 3,101 17% I 582 I-18.9% 112.1% Mobile homes 333 1.9% 368 2.0°% 35 6.7% Total units -17,959 1 100% 18,478 100°/a 519 100% Los Angeles County Single-family 1,835,024 56% 1,948,879 56% 113,855 59.2% Multi -family 1,379,277 42% 1,458,213 42% 76,936 40.0% Mobile homes 56,605 2% 58,290 2% 1,685 0.9% Total units 3,270,906 100% 1 3,463,382 1 100% 1 192,476 1 100% Source: Cal. Dept. of Finance, Tables E-5 8 E-8 2. Housing Age and Conditions Housing age is often an important indicator of housing condition. Housing units built prior to 1978 before stringent limits on the amount of lead in paint were imposed may have interior or exterior building components coated with lead-based paint. Housing units built before 1970 are the most likely to need rehabilitation and to have lead-based paint in a deteriorated condition. Lead-based paint becomes hazardous to children under age six and to pregnant women when it peels off walls or is pulverized by windows and doors opening and closing. Table II -14 and Figure II -9 show the age distribution of the housing stock in Diamond Bar compared to Los Angeles County as a whole. This table shows that the majority of housing units in Diamond Bar were constructed after 1970 (80%). These findings suggest that there may be a need for maintenance and rehabilitation, including remediation of lead-based paint, for approximately 20% of the units within the City's housing stock. II -10 Draft I November2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment Table II -14 Age of Housing Stock by Tenure — Diamond Bar vs. Los Angeles County Diamond Year Built Units % Units % Built 2005 or later 149 1% 54,241 2% Built 2000 to 2004 268 1% 109,255 3% Built 1990101999 875 5% 208,791 6% Built 1980 to 1989 7,473 41% 403,248 12% Built 1970 to 1979 5,932 32% 496,376 14% Built 1960 to 1969 3,293 18% 518,500 15% Built 1950 to 1959 268 1% 722,473 216% Built 1940 to 1949 25 0% 396,035 12% Built 1939 or earlier 73 0% 516,817 15% Total units 18,356 100% 3,425,736 100% Source: Census 2006-2010 ACS, Table DP -4 Due to the young age and relatively high property values, the majority of Diamond Bar's housing stock is in very good condition. However, the City's Neighborhood Improvement Office has identified four older neighborhoods characterized with older housing that is beginning to exhibit signs of deferred maintenance such as peeling paint, worn roofs, and cracked asphalt driveways. Table II -15 summarizes the physical problem conditions of these older residential neighborhoods. The Action Plan establishes a program directed at improving housing stock in these areas through targeted rehabilitation assistance. Fewer than 100 units are estimated to need rehabilitation citywide, and no units require replacement. Table II -15 Residential Neighborhoods with Housing Rehabilitation Needs Neighborhood Characteristics Problem Conditions #1 Northwest Diamond Bar Happy Land use: single-family residential - Deferred maintenance Hollow/Sunset Crossing/Prospectors Constructed 1962-1973 - Crackedasphaltddveways #2 Northwest Diamond Bar: Land use: single-family residential - Deferred maintenance Ballena/LaspinolPinto Mesa Constructed 1964-1967 -Cracked asphalt driveways #3 Central Diamond Bar: Land use: single-family residential - Deferred maintenance Moonlake/Northhampton Constructed 1965-1979 - Crackedasphaltdriveways #4 Central Diamond Bar: Land use: single-family residential - Deferred maintenance Caste RocklPathfinder Constructed ca.1964 - Cracked asphalt clNeways Source: City of Diamond Bar, office of Neighborhood Improvement. II -11 Draft I November 2013 Diamond Bar 2013-2021 Housing Element if. Housing Needs Assessment 3. Housing Cost Housing Affordability Criteria State law establishes five income categories for purposes of housing programs based on the area (i.e., county) median income ("AMI"): extremely -low (30% or less of AMI), very - low (31-50% of AMI), low (51-80% of AMI), moderate (81-1207o of AMI) and above moderate (over 120% of AMI). Housing affordability is based on the relationship between household income and housing expenses. According to HUD and the California Department of Housing and Community Development, housing is considered "affordable" if the monthly payment is no more than 30% of a household's gross income. In some areas such as Los Angeles County, these income limits may be increased to adjust for high housing costs. Table II -16 shows affordable rent levels and estimated affordable purchase prices for housing in Diamond Bar (and Los Angeles County)4 by income category. Based on state - adopted standards, the maximum affordable monthly rent for extremely -low-income households is $640, while the maximum affordable rent for very -low-income households is $1,068. The maximum affordable rent for low-income households is $1,708, while the maximum for moderate -income households is $1,944. Maximum purchase prices are more difficult to determine due to variations in mortgage interest rates and qualifying procedures; down payments, special tax assessments, homeowner association fees, property insurance rates, etc. With this caveat, the maximum home purchase prices by income category shown in Table II -18 have been estimated based on typical conditions. Table Ik16 Income Categories and Affordable Housing Costs - Los Angeles County r :rr Extremely Low (<30%) $25,600 $640 Very Low (31-501/6) $42,700 $1,068 $140,000 Low (51-80%) $68,300 $1,708 $235,000 Moderate (81-120%) $77,750 $1,944 $280,000 Above moderate (120%+) $77,750+ $1,944+ $280,000+ Assumptions: -Based on a family of 4 - -30% of gross income for rent or PITT -10% down payment, 45% interest 1.250/6 taxes & Insurance, $200 HOA dues source: Cal. HCD; J.H. Douglas & Associates For -Sale Housing Housing sales price statistics for calendar year 2012 show that single-family detached homes sold for a median price of about $500,000 while condos were more affordable, With a median price of $245,000. 4 Affordable rent and purchase prices are based on county median income. II -12 Draft I November 2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment Based on the estimated affordable purchase prices shown in Table II -16, a substantial percentage of for -sale condo units were affordable to moderate -income residents. These data illustrate the fact that public subsidies are generally required to reduce sales prices to a level that is affordable to lower-income buyers. At a median price of $245,000 there is a "gap" of about $100,000 between the market price and the maximum price a very -low-income household can afford to pay for a condo. These statistics illustrate why affordable housing strategies generally focus on rental rather than ownership housing, due to the smaller "affordability gap" for rental units. Rental Housing A recent internet survey' showed typical rental rates for 2 -bedroom apartments in Diamond Bar of $1,400 to $1,500 per month. When market rents are compared to the amounts lower-income households can afford to pay (Table II -16), it is clear that very- low- and extremely -low-income households have a difficult time finding housing without overpaying. The gap between market rent for a typical 2 -bedroom 1 -bath apartment and affordable rent at the very -low-income level is about $400 - $500 per month, while the gap at the extremely -low-income level is about $800 - $900 per month. However, at the low-income and moderate -income levels, households are much more likely to find affordable rentals. E. Special Needs Certain groups have greater difficulty in finding decent, affordable housing due to special circumstances. Such circumstances may be related to one's employment and income, family characteristics, disability, or other conditions. As a result, some Diamond Bar residents may experience a higher prevalence of overpayment, overcrowding, or other housing problems. State Housing Element law defines "special needs" groups to include persons with disabilities, the elderly, large households, female -headed households with children, homeless people, and farm workers. This section contains a discussion of the housing needs facing each of these groups. 1. Persons with Disabilities According to recent Census estimates, approximately 7% of non -institutionalized Diamond Bar residents reported some type of disability (see Table II -17). As might be expected, those aged 65 and over reported the highest disability rates. The most frequently reported disabilities included ambulatory difficulty (2.2% of the working age population and 26.1% of the senior population). Housing opportunities for those with disabilities can be maximized through housing assistance programs and providing universal design features such as widened doorways, ramps, lowered countertops, single - level units and ground floor units. 5 www aaartmenthunterz com, accessed.October 27, 2013 II -13 Draft I November2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment Table II -17 Persons with Disabilities by Age — Diamond Bar Disability Under Age 5 -total persons 2,589 -- With a hearing difficulty 24 0.9% With a vision difficulty 24 0.9% Age 5 to 17 - total persons 9,429 With a hearing difficulty 12 0.1% With a vision difficulty 33 0.3% With a cognitive difficulty 132 1.4% With an ambulatory difficulty 13 0.1% With a self-care difficulty 42 0.4% Age 18 to 64 - total persons 36,976 With a hearing difficulty 338 0.9% With a vision difficulty 124 0.3% With a cognitive difficulty 502 1.4% With an ambulatory difficulty 804 2.2% With a self-care difficulty 378 1.0% With an independent living difficulty 664 1.8% Age 65 and over" - total persons 6,574 With a hearing difficulty 812 12.4% With a vision difficulty 398 6.1% With a cognitive difficulty 675 10.3% With an ambulatory difficulty 1,715 26.1% With a self-care difficulty 828 12.6% With an independent living difficulty 1,288 19.6% Source: U.S. Census, 2009-2011 ACS Table S1810 Note: Totals may exceed 100% due to multiple disabilities per person The Housing Action Plan includes several programs that address the needs of this group, including Program 2 - Minor Home Repair, Program 3 - Single Family Rehabilitation, Program 4 - Section 8 Rental Assistance,. Program 5 - Preservation of Assisted Housing, Program 6 - Mobile Home Park Preservation, Program 8 - Senior and Workforce Housing Development, Program 9 - Land Use Element (adequate sites), Program 11 - Second Units, Program 12 - Affordable Housing Incentives/Density Bonus, Program 12 - Emergency Shelters and Transitional Housing, Program 16 - Fair Housing, and Program 17 - Reasonable Accommodations. Developmental Disabilities As defined by federal law, "developmental disability" means a severe, chronic disability of an individual that: II -14 Draft I November 2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment Is attributable to a mental or physical impairment or combination of mental and physical impairments; Is manifested before the individual attains age 22; Is likely to continue indefinitely; • Results in substantial functional limitations in three or more of the following areas of major life activity: a) self-care; b) receptive and expressive language; c) learning; d) mobility; e) self-direction; f) capacity for independent living; or g) economic self-sufficiency; and • Reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. The Census does not record developmental disabilities as a separate category of disability. According to the U.S. Administration on Developmental Disabilities, an accepted estimate of the percentage of the population that can be defined as developmentally disabled is 1.5 percent. Many developmentally disabled persons can live and work independently within a conventional housing environment. More severely disabled individuals require a group living environment where supervision is provided. The most severely affected individuals may require an institutional environment where medical attention and physical therapy are provided. Because developmental disabilities exist before adulthood, the first issue in supportive housing for the developmentally disabled is the transition from the person's living situation as a child to anappropriatelevel of independence as an adult. The California Department of Developmental Services (DDS) currently provides community-based services to approximately 243,000 persons with developmental disabilities and their families through a statewide system of 21 regional centers, four developmental centers, and two community-based facilities. The San Gabriel -Pomona Regional Center (SG/PRC) located in Pomona (htto://www.sal2rc.ora/1 provides services for people with developmental disabilities in San Gabriel. The SG/PRC is a private, non- profit community agency that contracts with local businesses to offer a wide range of services to individuals with developmental disabilities and their families. There is no charge for diagnosis and assessment for eligibility. Once eligibility is determined, most services are free regardless of age or income. There is a requirement for parents to share the cost of 24-hour out -of -home placements for children under age 18. This share depends on the parents' ability to pay. There may also be a co -payment requirement for other selected services. Regional centers are required by law to provide services in the most cost-effective way possible. They must use all other resources, including generic resources, before using any regional center funds. A generic resource is a service provided by an agency that has a legal responsibility to provide services to the general public and receives public funds for providing those services. Some generic agencies may include the local school district, county social services department, Medi -Cal, Social Security Administration, Department II -15 Draft I November 2013 Diamond Bar 2013-2021 Housing Element II, Housing Needs Assessment of Rehabilitation and others. Other resources may include natural supports. This is help that disabled persons may get from family, friends or others at little or no cost. 2. Elderly Recent Census data indicate that there were 2,706 households in Diamond Bar where the householder was 65 or older (Table II -18). Many elderly persons are dependent on fixed incomes or have disabilities. Elderly homeowners may be physically unable to maintain their homes or cope with living alone. The housing needs of this group can be addressed through smaller units, second units on. lots with existing homes, shared living arrangements, congregate housing and housing assistance programs. Table II -18 Elderly Households by Tenure - Diamond Bar Under 65 years 12;500 84% 2,610 91% 65 to 74 years 1,687 11% 147 5% 75 to 84 years 617 4% 84 3% 85 years and over 146 1%, 25 1% Total Households 14,950 100% 2,866 100% Source: U.S. Census 2006-2010 ACS, Table B25007 The elderly tend to have higher rates of disabilities than younger persons, therefore many of the programs noted in the previous section also apply to seniors since their housing needs include both affordability and accessibility. 3. Large Households Household size is an indicator of need for large units. Large households are defined as those with five or more members. Approximately 40% of owner households and 45% of renter households in the City have only one or two members. About 7% of renter households and about 13% of owners were large households with 5 persons or more (Table II -19). This distribution indicates that the need for large units with four or more bedrooms is expected to be significantly less than for smaller units. However, large families needing units with more bedrooms, generally face higher housing costs, and as a result may benefit from several types of assistance. The Housing Action Plan includes several programs that address the needs of this group, including Program 2- Minor Home Repair, Program 3 - Single Family Rehabilitation, Program 4 - Section 8 Rental Assistance, Program 5 - Preservation of Assisted Housing, Program 6 - Mobile Home Park Preservation, Program 8 - Senior and Workforce Housing Development, Program 9 - Land Use Element (adequate sites), Program 11 - Second Units, and Program 12 - Affordable Housing Incentives/Density Bonus. II -16 Draft I November 2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment Table II -19 Household Size by Tenure — Diamond Bar 1 person 1,986 13% 612 21% 2 persons 4,090 27% 678 24% 3 persons 3,405 23% 846 30% 4 persons 3,407 23% 519 18% 5 persons 1,207 8% 182 6% 6persons 648 4% 19 1% 7 persons or more 207 1% 10 0% Total Households 14,950 100% 2,866 100% Source: U.S. Census 2006-2010 ACS, Table B25009 4. Female -Headed Households Of the 17,816 households in the City, approximately 97o of owner households and 16% of renter households were headed by a female (Table II -20). Table II -20 Household Type by Tenure - Diamond Bar Married couple family 10,506 70% 1,353 47% Male householder, no wife present 722 5% 196 7% Female householder, no husband present 1,420 9% 462 16% Non -family households 2,302 15% 855 30% Total Households 14,950 100% 2,866 100% Source: U.S. Census 2006-2010 ACS, Table 811012 The Housing Action Plan includes several programs that address the needs of female - headed households, including Program 2 - Minor Home Repair, Program 3- Single Family Rehabilitation, Program 4 - Section 8 Rental Assistance, Program 5 - Preservation of Assisted Housing, Program 6 - Mobile Home Park Preservation, Program 8 - Senior and workforce Housing Development, Program 9 - Land Use Element (adequate sites), Program 11 - Second Units, Program 12 - Affordable Housing Incentives/Density Bonus, and Program 12 -Emergency Shelters and Transitional Housing. II -17 Draft I November 2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment 5. Farm Workers Farm workers are traditionally defined as persons whose primary income is from seasonal agricultural work. Diamond Bar was at one time one of the largest working cattle ranches in the western United States. However, urban development and shifts in the local economy have significantly curtailed agricultural production within Los Angeles County. Today, Diamond Bar is a mostly developed city, with a strong local economy that is no longer tied to an agricultural base. According to recent Census estimates6, about 41 Diamond Bar residents were employed in agricultural occupations. The nearest agricultural area to Diamond Bar is in San Bernardino County to the east. Since there are no agricultural operations within Diamond Bar and housing costs are significantly lower in the Inland Empire, there is no apparent need for farm worker housing in the City. 6. Homeless Persons Homelessness is a continuing problem throughout California and urban areas nationwide. During the past two decades, an increasing number of single persons have remained homeless year after year and have become the most visible of all homeless persons. Other persons (particularly families) have experienced shorter periods of homelessness. However, they are often replaced by other families and individuals in a seemingly endless cycle of homelessness. A homeless count conducted by the Los Angeles Homeless Services Authority (LAHSA) in January 2013 indicated that on any given day there are an estimated 53,798 homeless persons Los Angeles County. These include families that might be displaced through evictions, women and children displaced through abusive family life, persons with substance abuse problems, veterans, or persons with serious mental illness. Diamond Bar is located within the San Gabriel Valley Service Planning Area (SPA), which has a 2013 homeless estimate of 4,444 people. Estimates of the homeless population for each jurisdiction are not provided by LAHSA. Senate Bill 2 of 2007 requires that jurisdictions quantify the need for emergency shelters and determine whether existing facilities are adequate to serve the need. If adequate existing facilities are not available, the law requires jurisdictions to identify areas where new facilities are permitted "by -right' (i.e., without requiring discretionary approval such as a use permit), or to accommodate the need through a multi -jurisdictional agreement. Conversations with police and other City staff indicated that there are no known homeless persons in Diamond Bar. This is likely due to the suburban nature of the community, and the fact that social services are more readily available in more urbanized areas. This was corroborated by the 2010 Census homeless counts, which reported no homeless persons in Diamond Bar. Although homelessness is not a major s SCAG, 2012 based on 2005-2009 ACS II -18 Draft I November 2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment problem in Diamond Bar, the City has amended its zoning regulations to allow emergency shelters by -right in the Light Industry. Although there are currently no emergency shelter or transitional housing facilities within Diamond Bar, a number of such facilities and supportive services are available in nearby cities such as Pomona and Whittier. In addition, the San Gabriel Valley Council of Governments recently initiated a study of homelessness, guided by the Homeless Services Steering Committee 7. This study is expected to develop recommendations toward a comprehensive, multi -jurisdictional strategy for addressing the needs of the homeless in the valley. F. Assisted Housing at Risk of Conversion This section identifies residential projects in the City that are under an affordability restriction, along with those housing projects that are at risk of losing their low-income affordability restrictions within the ten-year period from 2013 to 2023. This information is used in establishing quantified objectives for units that can be conserved during this planning period. The inventory of assisted units includes all units that have been assisted under any federal Department of Housing and Urban Development (HUD), state, local and/or other programs. The City of Diamond Bar has one assisted housing project for seniors, the 149 -unit Seasons Apartments (formerly "Heritage Park"). Constructed in 1988, this project predates City incorporation and was originally financed under the Los Angeles County Multi -family Mortgage Revenue Bond program. The project was refinanced in November, 1999 under the California Community Development Authority's Multifamily Housing Re -funding Bond. According to the terms of the new bond agreement, income restrictions for residents and corresponding rent limits were set. For the duration of the bond which expires 12/01/2034, all units will be affordable: 30 units (20%) will be very -low-income at 50% AMI, 82 units (55%) will be low-income at 801Y. AMI, and 37 units (257.) will be moderate -income defined as 100% AMI. The Seasons Apartments are owned by the Corporate Fund for Housing, a non-profit organization. Long-term affordability of the project is assured for the life of the bond (2034). There are no assisted housing units in the City of Diamond Bar at risk of conversion. G. Future Growth Needs 1. Overview of the Regional Housing Needs Assessment The Regional Housing Needs Assessment (RHNA) is a key tool for local governments to plan for anticipated growth. The RHNA quantifies the anticipated need for housing within each jurisdiction for the 51h Housing Element cycle extending from January 2014 to October 2021. Communities then determine how they will address this need through the process of updating the Housing Elements of their General Plans. 7 hitp://www.sgvcog.org/index.cfm/89807/Homeless-Services-Steering-Committee.cfm II -19 Draft I November 2013 Diamond Bar 2013-2021 Housing Element II. Housing Needs Assessment The RHNA was adopted by the Southern California Association of Governments (SLAG) in October 2012.. The future need for housing is determined primarily by the forecasted growth in households in a community. Each new household created by a child moving out of a parent's home or by a family moving to a community for employment creates the need for a housing unit. The housing need for new households is then adjusted to maintain a desirable level of vacancy to promote housing choice and mobility. An adjustment is also made to account for units expected to be lost due to demolition, natural disaster, or conversion to non -housing uses. The sum of these factors - household growth, vacancy need, and replacement need - determines the construction need for a community. Total housing need is then distributed among four income categories on the basis of the county's income distribution, with adjustments to avoid an over - concentration of lower-income households in any community. 2. 2014-2021 Diamond Bar Growth Needs The total housing growth need for the City of Diamond Bar during the 2014-2021 planning period is 1,146 units. This total is distributed by income category as shown in Table II -21. Table II -21 2014-2021 Regional Housing Growth Needs - Diamond Bar Above Very Low Low Moderate Moderate Total 308` 1 182 1 190 Jill4861 1,146 `Per state law, half of the very -low units are assumed to be in the extremely low category Source: SCAG 2012 It should be noted that SCAG did not identify growth needs for the extremely -low- income category in the adopted RHNA. As provided in Assembly Bill (AB) 2634 of 2006, jurisdictions may determine their extremely -low-income need as one-half the need in the very -low category. The City's inventory of land to accommodate the RHNA allocation is discussed in the Resources and Opportunities chapter. II -20 Draft I November 2013 Diamond Bar 2013-2021 Housing Element III. Resources and opportunities III. RESOURCES AND OPPORTUNITIES A variety of resources are available for the development, rehabilitation, and preservation of housing in the City of Diamond Bar. This chapter provides a description of the land resources and adequate sites to address the City's regional housing need allocation, and discusses the financial and administrative resources available to support the provision of affordable housing. Additionally, opportunities for energy conservation that can lower utility costs and increase housing affordability are addressed. A. Land Resources Section 65583(a)(3) of the Government Code requires Housing Elements to contain an "inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. A detailed analysis of vacant land and potential redevelopment opportunities is provided in Appendix B, Table B-1, which shows that the City's land inventory, including projects approved and the potential development of vacant and underutilized parcels, is sufficient to accommodate the RHNA for this planning period in all income categories. A discussion of public facilities and infrastructure needed to serve future development is contained in Section IV. B, Non -Governmental Constraints. There are currently no known service limitations that would preclude the level of development described in the RHNA, although developers will be required to pay fees or construct public improvements prior to or concurrent with development. B. Financial and Administrative Resources 1. State and Federal Resources Community Development Block Grant Program (CDBG) - Federal funding for housing programs is available through the Department of Housing and Urban Develop- ment (HUD). Diamond Bar participates in the Community Development Block Grant (CDBG) program and receives its allocation of CDBG funds through the Los Angeles County Housing and Community Development Department. The CDBG program is very flexible in that the funds can be used for a wide range of activities. The eligible activities include, but are not limited to, acquisition and/or disposition of real estate property, public facilities and improvements, relocation, rehabilitation and construction of housing, homeownership assistance, and clearance activities. In 2002 the City Council approved the establishment of a Home Improvement Program (HIP) to provide housing rehabilitation assistance to qualified low- and moderate -income households. CDBG funds are allocated to the HIP on an annual basis. HIP funds are used for exterior property improvements and for repairs to alleviate health and safety issues and to correct code violations. In addition, HIP funds may be used to improve home access to disabled persons and for the removal of lead based paint hazards. III -1 Draft I November 2013 Diamond Bar 2013-2021 Housing Element III. Resources and Opportunities The City's CDBG allocation for the 2013-2014 Program Year was $301,190, which included an allocation for the HIP of $150,000. Under CDBG regulations, the HIP is eligible to receive unexpended CDBG funds from the previous fiscal year that are reallocated by the Los Angeles County Community Development Commission. An additional $50,000 from the 2012-2013 fiscal year is anticipated for reallocation to the 2013-2014 fiscal year bringing the total allocation for the HIP to $200,000. From 2009 to the current fiscal year, a total of 1 very -low-, 13 low-, and 15 moderate -income households have participated in the HIP. Each household that qualifies for the HIP program is eligible to receive up to $17,000 from a combination of no -interest loans and grants. The City actively promotes the program and consistently exhausts its funding allocation each year.. Since Program Year 2011-2012, the allocation of the Community Development Block Grant has been reduced by an average of 18% each program year, and an additional 5% reduction is anticipated for FY2014-2015. Therefore, the City anticipates receiving approximately $202,000 per year in CDBG funds from the County during the current planning period. Section 8 Rental Assistance - The City of Diamond Bar cooperates with the Housing Authority of the County of Los Angeles (HACoLA), which administers the Section 8 Voucher Program. The Section 8 program provides rental assistance to low-income persons in need of affordable housing. There are two types of subsidies under Section 8: certificates and vouchers. A certificate pays the difference between the fair market rent and 30% of the tenant's monthly income, while a voucher allows a tenant to choose housing that may cost above the fair market figure, with the tenant paying the extra cost. The voucher also allows the tenant to rent a unit.below the fair market rent figure with the tenant keeping the savings. Low -Income Housing Tax Credit Program - The Low -Income Housing Tax Credit Program was created by the Tax Reform Act of 1986 to provide an alternate method of funding low -and moderate -income housing. Each state receives a tax credit, based upon population, toward funding housing that. meets program guidelines. The tax credits are then used to leverage private capital into new construction or acquisition and rehabilitation of affordable housing. Limitations on projects funded under the Tax Credit programs include minimum requirements that a certain percentage of units remain rent - restricted, based upon median income, for a term of 15 years. 2. Local Resources Tax Exempt Multi -Family Revenue Bonds - The construction, acquisition, and rehabilitation of multi -family rental housing developments can be funded by tax exempt bonds which provide a lower interest rate than is available through conventional_ financing. Projects financed through these bonds are required to set aside 20% of the units for occupancy by very low-income households or 40% of the units to be set aside for households at 60% of the area median income (AMI). Tax exempt bonds for multi -family housing may also be issued to refinance existing tax exempt debt, which is referred to as a refunding bond issue. The Seasons Diamond Bar Senior Apartments was refinanced in 1999 under the California Community Development Authority's Multifamily Housing Re -funding Bond. According to 1112 Draft I November 2013 Diamond Bar 2013-2021 Housing Element III. Resources and Opportunities the terms of the new bond agreement, income restrictions for residents and corresponding rent limits were set. For the duration of the bond which expires in December of 2034, all units will be affordable: 30 units will be very low income at 50% AMI, 82 units will be low income at 80% AMI, and 37 units will be moderate income at 100% AMI. The Seasons Apartments are owned by the Corporate Fund for Housing, a non-profit organization. Housing Agreements - The City can assist in the development of new affordable housing units by entering into Disposition Development Agreements (DDA) or Owner Participation Agreements (OPA) with developers. DDAs or OPAs may provide for the disposition of Agency -owned land at a price which can support the development of units at an affordable housing cost for low- and moderate -income households. These agreements may also provide for development assistance, usually in the form of a density bonus or the payment of specified development fees or other development costs which cannot be supported by the proposed development. Mortgage Credit Certificates - The Mortgage Credit Certificates (MCC) program is designed to help low- and moderate -income first-time homebuyers qualify for conventional first mortgage loans by increasing the homebuyer's after-tax income. The MCC is a direct tax credit for eligible homebuyers equal to 20% of the mortgage interest paid during the year. The other 80% of mortgage interest can still be taken as an income deduction. Diamond Bar is a participating city in the County -run MCC program. The maximum gross annual income limits in order to be eligible for the MCC program is currently (2013) $99,360 for one- to two -person households and $115,920 for households of three or more. Home Ownership Program - The Home Ownership Program (HOP) provides assistance to low-income, first-time homebuyers in purchasing a home. It is administered by the County of Los Angeles Community Development Commission's Housing Development and Preservation Division. The program has provided hundreds of Los Angeles County residents with the means to afford to fulfill their dream of home ownership. The maximum gross annual income for eligible participants is 80% of the median income for Los Angeles County. Southern California Home Financing Authority Programs - SCHFA is a joint powers authority between Los Angeles and Orange Counties formed in June 1988 to issue tax- exempt mortgage revenue bonds for low- to moderate -income First -Time Homebuyers. For almost 25 years, SCHFA has helped thousands of individuals and families fulfill their dreams of owning a home. This program makes buying a home more affordable for qualifying homebuyers by offering a competitive 30 -year fixed rate loan and a grant for downpayment and closing costs assistance. The program is administered by the Los Angeles County Community Development Commission (CDC) and the Public Finance Division of the County of Orange. SCHFA does not lend money directly to homebuyers. Homebuyers must work directly with a participating lender. Income limits for Los Angeles County as of 2013 are $99,360 for households with 1 or 2 persons and $111,515 for households of 3 or more. Fannie Mae Down Payment Assistance Program - The Federal National Mortgage Association, better known as "Fannie Mae," offers a program that provides second III -3 Draft I November 2013 Diamond Bar 2013-2021 Housing Element III. Resources and Opportunities mortgages to homeowners. The second mortgage can serve as the down payment and closing costs on home purchases. Under this program, a city or county is required to post a reserve fund equal to 20% of an amount that Fannie Mae then makes available for such mortgages. Non -Profit Organizations - Non-profit organizations play a major role in the development of affordable housing in Los Angeles County. The Community Development Commission of Los Angeles County supplements its own efforts of producing affordable housing by entering into partnerships with private sector and non- profit developers and housing development corporations. C. Energy Conservation Opportunities As residential energy costs rise, the subsequent increasing utility costs reduce the affordability of housing. Although the City is mostly developed, new infill development and rehabilitation activities could occur, allowing the City to directly affect energy use within its jurisdiction. State of California Energy Efficiency Standards for Residential and Nonresidential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. The standards are codified in Title 24 of the California Code of Regulations and are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. California's building efficiency standards (along with those for energy efficient appliances) have saved more than $56 billion in electricity and natural gas costs since 1978. It is estimated the standards will save an additional $23 billion by 20138. Title 24 sets forth mandatory energy standards and requires the adoption of an "energy budget" for all new residential buildings and additions to residential buildings. Separate requirements are adopted for "low-rise" residential construction (i.e., no more than three stories) and non-residential buildings, which includes hotels, motels, and multi -family residential buildings with four or more habitable stories. The standards specify energy saving design for lighting, walls, ceilings and floor installations, as well as heating and cooling equipment and systems, gascoolingdevices, conservation standards and the use of non -depleting energy sources, such as solar energy or wind power. The home building industry must comply with these standards while localities are responsible for enforcing the energy conservation regulations through the plan check and building inspection processes. In addition to state energy regulations, the City encourages energy efficiency through its participation in the Single -Family Rehabilitation Program, which provides low- and moderate -income households funds for home improvements that may include insulation and energy-efficient windows and doors. The City also encourages mixed-use development, which facilitates energy efficiency by reducing vehicular trip lengths. Program 10 in the Housing Action Plan (Chapter V) describes how the City intends to pursue mixed-use development in the Tres Hermonos property, one of the largest 8 California Energy Commission(http://www.energy.ca.gov/title24) III -4 Draft I November 2013 Diamond Bar 2013-2021 Housing Element III. Resources and Opportunities remaining undeveloped areas in the city. Recycling is another area where the City encourages energy conservation. Each year the City publishes and distributes the Enviro- Link newsletter, which informs residents on opportunities for recycle and minimize waste. The city also maintains this information on its web page at httr)://www.ci.diamond- bor.ca.us/lndex.asl2x?PaQe=725. III -5 Draft I November 2013 Diamond Bar 2013-2021 Housing Element IV. Constraints IV. CONSTRAINTS In planning for the provision of housing, constraints to the development, maintenance and improvement of housing must be recognized, and jurisdictions must take appropriate steps to mitigate them where feasible. Local government cannot control many of these constraints, such as those related to general economic and market conditions, but others can be addressed. Potential constraints to housing are discussed below, and include governmental and non-governmental constraints. A. Governmental Constraints Governmental regulations, while intentionally controlling the quality of development In the community can also unintentionally increase the cost of development and thus the cost of housing. These governmental constraints include land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local development processing and permit procedures. Land use controls may limit the amount or density of development, thus increasing the cost per unit. On-site and off-site improvements such as roads, traffic signals on adjacent streets, or sewer systems may increase an individual project's costs of development. Processing and permit requirements may delay construction, increasing financing and/or overhead costs of a development. The following section describes potential govern- mental constraints, which may affect the supply and cost of housing in Diamond Bar. 1. Land Use Plans and Regulations General Plan Each city and county in California must prepare a comprehensive, long-term General Plan to guide its future. The land use element of the General Plan establishes the basic land uses and density of development within the various areas of the City. Under state law, the General Plan elements must be internally consistent and the City's zoning must be consistent with the General Plan. Thus, the land use plan must provide suitable locations and densities to implement the policies of the Housing Element. The Diamond Bar General Plan Land Use Element provides for six residential land use designations, as shown in Table IV -1. Iv -1 Draft I November 2013 Diamond Bar 2013-2021 Housing Element Table IV -1 Residential Land Use Categories — Diamond Bar General Plan IV. Constraints Maximum Designation Rural Residential (RR) 1.0 Description Single family detached units on large lots, generally In hillside areas. Low Density Residential (RL) 3.0 Single-family detached homes on large to moderate sized lots. Low Medium Density Residential (RLM) 5.0 Single-family detached homes on moderate to small -sized lots. Medium Density Residential (RM) 12.0 Townhomes, condominiums, apartments, mobile homes, and other multifamily residential projects. Medium High Residential (RMH) 16.0 Townhomes, condominiums, apartments, other multifamily residential projects, and mobile home parks. High Density Residential (RH) 20.0 High density condominium and apartment projects, other high density residential projects, and mobile home parks. High Density Residential -30 (RH-30) 30.0 1 High density condominium and apartment projects. Source: City of Diamond Bar General Plan, 2013. Density expressed in dwelling units per gross acre. The majority of the land area within the City is developed or is designated for residential use. The Land Use Element of the Diamond Bar General Plan designates approximately 5,824 acres (61%) of the City's total land inventory for residential uses, providing for a range of residential types and densities throughout the City. In order to provide adequate sites commensurate with the RHNA allocation, the City in 2013 amended the General Plan to establish a new RH-30 land use category allowing multi -family residential development with a maximum density of 30 units/acre (see also Appendix B). Planning Areas and Specific Plans In addition to the seven residential land use districts, the Land Use Element provides for residential uses within the Specific Plan and Planning Area classifications. Development within areas designated Specific Plan or Planning Area are processed through use of a master plan or specific plan, a planned unit development, or similar mechanism, and development intensities must be consistent with those specified in the General Plan. Specific Plan and Planning Area projects must provide a greater level of community amenities and cohesiveness, achieve superior design, and create a more desirable living environment than could be achieved through conventional subdivision design and requirements. The Land Use Element identifies four mixed-use Planning Areas within the City of Diamond Bar, two of which are intended to contain residential uses: PA 1, which encompasses approximately 720 acres and is intended for agricultural uses, low-density residential uses at a density of one dwelling unit per five acres, high-density multi -family residential uses at up to 30 units per acre, commercial uses not typical of the area, and education/institutional uses; PA 2, which encompasses approximately 400 acres and allows for a maximum of 130 single-family detached units and open space. PA 3, which encompasses approximately 55 acres and allows for 200 units with a mix of single-family detached homes and condominiums, commercial, religious assembly and open space; IV -2 Draft I November 2013 Diamond Bar 2013-2021 Housing Element IV. Constraints and PA 4, which encompasses approximately 82 acres and is intended for 99 single- family homes and open space. Zoning Designations The City regulates the type, location, density, and scale of residential development through the Zoning Ordinance and Zoning Map. Zoning regulations serve to implement the General Plan and are designed to protect and promote the health, safety, and general welfare of residents. The Zoning Ordinance also helps to preserve the character and integrity of existing neighborhoods. The Zoning Ordinance and Zoning Map set forth residential development standards for each zoning district. The seven zoning districts that allow residential units as a permitted use are as follows: RR Rural Residential RL Low Density Residential RLM Low Medium Density Residential RM Medium Density Residential RMH Medium High Density Residential RH High Density District RH-30 High Density District (30 units/acre) A summary of the development standards for the seven major zoning districts permitting residential development is provided in Table IV -2. These development standards are reasonably necessary to protect the public health, safety and welfare, maintain quality of life, and are not considered to be constraints to the development of housing. Table IV -2 Residential Development Standards Source: Diamond Bar Zoning Ordinance Notes: 1. Development standards In the planned communifies are governed by a master plan, specific plan, or similar document and may vary from current zoning. 2. There cannot be less than 25 ft. between structures on adjoining parcels. 3. There cannot be less than 15 ft. between structures on adjoining parcels. 4. From the property line or building pad on a descending slope, whichever is applicable. IV -3 Draft I November2013 Zoning District Designations Development Minimum Lot Area (sq. ft.) 1 acre 10,000 sf 8,000 sf 5,000 sf 5,000 sf 5,000 sf Minimum Front Yard ft) 30fl 20ft 20ft 20ft 20ft 20ft 15 ft. on one 10 ft. on one loft. on one 5 ft. plus 1 ft. Minimum Side Yard (ft.) side, and 10 ft. side, and 5 ft. side, and 5 ft. 5 ft. 5 ft. for each story on the othera on the other° on the others over 2 15 fl., reversed 10 ft., reversed 10 fl., reversed 10 ft., reversed 7.5 ft., reversed 7.5 ft., reversed Minimum Street Side Setback (ft) corner Iot;10 ft. corner lot; 5 ft. corner lot; 5 ft. corner lot; 5 ft. corner lot; 5 ft, corner lot; 5 ft. otherwise otherwise otherwise otherwise otherwise otherwise Minimum Rear Yard (ft.) 25 fi 4 201t.4 20 f1.4 25 ft.4 20 ft 4 20 ft.4 Maximum Lot Coverage (%) 30% 40% 40% 30% 30% 30% Maximum Building Height (ft.) 35 ft 35 ft 35 ft 35 ft 35 ft 35ft Source: Diamond Bar Zoning Ordinance Notes: 1. Development standards In the planned communifies are governed by a master plan, specific plan, or similar document and may vary from current zoning. 2. There cannot be less than 25 ft. between structures on adjoining parcels. 3. There cannot be less than 15 ft. between structures on adjoining parcels. 4. From the property line or building pad on a descending slope, whichever is applicable. IV -3 Draft I November2013 Diamond Bar 2013-2021 Housing Element IV. Constraints A summary of the types of housing permitted by the City's Zoning Ordinance is provided in Table IV -3. Table IV -3 Permitted Residential Development by Zoning District Detached Multi -Family I P P P Manufactured Housing P P P P P P Mobile Home Park CUP CUP CUP CUP CUP CUP Second Units P P Emergency Shelters' Transitional & Supportive Housing 2 2 z 2 2 z Residential Care Home (S or fewer persons)3 P P P P P P Residential Care Home (7 or more persons)a CUP CUP CUP Seninr Houslnn P P P P P P _ Single Room Occupancy I I I I I I r source: Diamond Bar Zoning Ordinance P = Permitted, ministerial zoning clearance required CUP =Conditional Use Permit Notes: t. Emergency shelters are permitted in the Light Industrial zone. 2. Transitional and supportive housing are permitted in any residential zone subject to the same standards and procedures as apply to other residential uses of the same type in the same zone. 3. Residential Care Homes are defined as facilities providing residential social and personal care for children, the elderly, and people with some limits on their ability for self-care, but where medical care is not a major element. Includes ddldren's' homes; family care homes; foster homes; group homes; halfway houses; orphanages; rehabilitation centers; and similar uses. The Zoning Ordinance provides for a variety of housing types including single-family homes (both attached and detached), multi -family (both rental and condominiums), manufactured housing, special needs housing, and second units. Affordable housing can be accommodated in all residential districts. Effect of Zoning and Development Standards on Housing Supply and Affordability Zoning regulations and development standards can affect the feasibility of development projects, particularly housing that is affordable to lower- and moderate -income households. The most significant of these standards is density. Higher densities generally result in lower per-unit land costs, thereby reducing overall development cost, although this is not always the case. For example, at some point higher density may require more expensive construction methods such as parking in structures or below -grade garages. Pursuant to AB 2348 of 2004, the "default density" for Diamond Bar is 30 dwelling units per acre9. The default. density refers to the density at which lower-income housing development is presumed to be feasible, although state law allows jurisdictions to e Memo of June 9, 2005 from California Department of Housing and Community Development on AB 2348 of 2004. IV -4 Draft I November 2013 Diamond Bar 2013-2021 Housing Element I IV. Constraints propose alternative densities that are sufficient to facilitate affordable housing based on local experience and circumstances. During the 4th planning cycle the City amended the Development Code to establish the RH-30 district, which allows multi -family development at the default density of 30 units/acre. Although appropriate zoning regulations are necessary for affordable housing to be feasible, it should be recognized that public subsidies are also necessary to reduce costs to the level that lower-income households can afford. Special Needs Housing Persons with special needs include those in residential care facilities, persons with disabilities, the elderly, farm workers, persons needing emergency shelter or transitional living arrangements, and single room occupancy units. The City's provisions for these housing types are discussed below. Residential Care Facilities Residential care facilities refer to any family home, group home, or rehabilitation facility that provides non-medical care to persons in need of personal services, protection, supervision, assistance, guidance, or training essential for daily living. The Development Code explicitly references Residential Care Homes (Section 22.80.020). In accordance with state law, residential care homes that serve six or fewer persons are permitted by - right in all residential districts with only a ministerial zoning clearance required. Residential care homes serving more than six persons are permitted by conditional use permit in the RM, RMH, and RH Districts. There is no definition of "family" nor are there any separation requirements for residential care facilities in the Development Code. These provisions are consistent with state law and do not pose a significant constraint on the establishment of such facilities. Housing for Persons with Disabilities Both the federal Fair Housing Act and the California Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodations (i.e. modifications or exceptions) in their zoning laws and other land use regulations when such accommodations may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. The Building Codes adopted by the City of Diamond Bar incorporate accessibility standards contained in Title 24 of the California Administrative Code. For example, apartment complexes of three or more units and condominium complexes of four or more units must be designed to accessibility standards. Compliance with building codes and the ADA may increase the cost of housing production and can also impact the viability of rehabilitation of older properties required to be brought up to current code standards. However, these regulations provide minimum standards that must be complied with in order to ensure the development of safe and accessible housing. IV -5 Draft I November 2013 Diamond Bar 2013-2021 Housing Element IV. Constraints Senate Bill 520 of 2001 requires cities to make reasonable accommodation in housing for persons with disabilities. The City has adopted procedures (Development Code §22.02.060) for reviewing and approving requests for reasonable accommodation for persons with disabilities consistent with state law. Farm Worker Housing As discussed in Chapter II. Housing Needs Assessment, the City of Diamond Bar does not have major agricultural areas and has no significant need for permanent on-site farm worker housing. The City's overall efforts to provide and maintain affordable housing opportunities will help to support the few seasonal farm workers that may choose to reside in the City. Housing for the Elderly Senior housing projects are a permitted use in all residential Districts. A density bonus is also permitted for the construction of senior housing pursuant to Government Code §§65915-65918. The zoning ordinance is not considered to be a constraint to the development of senior housing because the regulations are the same as for other residential uses in the same districts.. Emergency Shelters and Transitional/Supportive Housing Emergency shelters are facilities that provide a safe altemative to the streets either in a shelter facility, or through the use of motel vouchers. Emergency shelter is short-term and usually for 30 days or less. Transitional housing is longer-term, typically up to two years, while supportive housing may have no occupancy limit. Programs that operate transitional and supportive housing generally require that the resident participate in a structured program to work toward established goals so that they can move on to permanent housing and may include supportive services such as counseling. SB 2 of 2007 strengthened the planning requirements for emergency shelters and transitional/supportive housing. This bill requires jurisdictions to evaluate their need for shelters compared to available facilities to address the need. If existing shelter facilities are not sufficient to accommodate the need, jurisdictions must designate at least one zone where year-round shelters can be accommodated. There are currently no emergency shelters located in the City. However, there are no known homeless persons living in Diamond Bar, therefore no need for shelters presently exists. In order to reduce constraints to the establishment of emergency shelters, the Development Code was amended to allow shelters with up to 30 beds by -right in the Light Industrial (1) zone subject to objective development standards. This zone encompasses approximately 98 acres with an average parcel size of 1.6 acres and contains underutilized parcels and vacant buildings that could accommodate at least one emergency shelter. During the 4th planning period the San Gabriel Valley Council of Governments initiated a study to assess the needs of the homeless and develop a coordinated strategy to IV -6 Draft I November 2013 Diamond Bar 2013-2021 Housing Element IV. Constraints address those needs. As a member jurisdiction, Diamond Bar is cooperating in this study and is committed to a fair -share approach to providing the necessary services and facilities for the homeless persons and families identified in the community. SB 2 also requires that transitional and supportive housing be considered a residential use that is subject only to the same requirements and procedures as other residential uses of the same type in the same zone. In 2013 the Development Code was amended in compliance with SB 2. Single Room Occupancy Single room occupancy facilities are small studio -type units and are conditionally permitted in the Light Industrial District. Development standards for these uses are no more restrictive than for other uses allowed in this district. Off -Street Parking Requirements The City's parking requirements for residential uses vary by residential type. Single-family dwellings and duplex housing require two parking spaces per unit in a garage, Mobile homes require two parking spaces plus guest parking. Studio units require one space for each unit in a garage, plus guest parking. Multi -family dwellings, condos, and other attached dwellings are required to have two spaces in a garage for each unit plus 0.5 space for each bedroom over two, and guest parking. Second units are required to have one space in addition to that required for the single-family unit. Senior housing projects are required to provide one space for each unit with half of the spaces covered, plus one guest parking space for each ten units. Senior congregate care facilities are required to have 0.5 space for each residential unit, plus one space for each four units for guests and employees. Extended care facilities are required to provide one space for each three beds the facility is licensed to accommodate. These parking requirements are summarized in Table IV -4. The required parking is not excessive and is not considered to be a constraint on the production of affordable housing. However, in order to facilitate affordable housing production, the Development Code was amended in the 4th planning cycle to reduce the parking requirement and allow parking for lower-income apartments to be provided in carports rather than garages. IV -7 Draft 1 November 2U13 Diamond Bar 2013-2021 Housing Element IV. Constraints density bonus if it includes at least 35 dwelling units, and the applicant seeks a density bonus. The Development Code has been amended to reflect the provisions of SB 1818. Mobile Homes/Manufactured Housing There is often an economy of scale in manufacturing homes in a plant rather than on site, thereby reducing cost. State law precludes local governments from prohibiting the installation of mobile homes on permanent foundations on single-family lots. It also declares a mobile home park to be a permitted land use on any land planned and zoned for residential use, and prohibits requiring the average density in a new mobile home park to be less than that permitted by the Municipal Code. In the City of Diamond Bar, manufactured housing is allowed in all residential zones as a permitted use provided the installation complies with the site development standards for the applicable zoning district. Mobile home parks are allowed as conditional use within all residential districts. There are two mobile home parks in Diamond Bar, both located in the western portion of the City: Diamond Bar Estates and Walnut Creek Estates. Condominium Conversions In order to reduce the impacts of condominium conversions on residents of rental housing, some of which provides housing for low- and moderate -income persons, the City's Municipal Code requires that in addition to complying with all of the regulations and noticing requirements of the Subdivision Map Act for condo conversions, the applicant must propose a relocation assistance program that will assist tenants displaced through the conversion in relocating to equivalent or better housing, assess the vacancy rate in multi -family housing within the City, and provide a report to all tenants of the subject property at least three days prior to the hearing. When a condo conversion is permitted, the increase in the supply of less expensive for - sale units helps to compensate for the loss of rental units. The ordinance to regulate condominium conversions is reasonable to preserve rental housing opportunities, and does not present an unreasonable constraint on the production of ownership housing. Building Codes State law prohibits the imposition of building standards that are not necessitated by local geographic, climatic or topographic conditions and requires that local governments making changes or modifications in building standards must report such changes to the Department of Housing and Community Development and file an expressed finding that the change is needed. The City's building codes are based upon the California Building, Plumbing, Mechanical and Electrical Codes. These are considered to be the minimum necessary to protect the public's health, safety and welfare. No additional regulations have been imposed by the City that would unnecessarily add to housing costs. IV -9 Draft I November 2013 Diamond Bar 2013-2021 Housing Element IV. Constraints 2. Development Processing Procedures Residential Permit Processing State Planning and Zoning Law provides permit processing requirements for residential development. Within the framework of state requirements, the City has structured its development review process in order to minimize the time required to obtain permits while ensuring that projects receive careful review. All residential development is reviewed by Citystaff for zoning, building, and fire code compliance prior to issuance of building permits. Processing times vary and depend on the size and complexity of the project. Projects reviewed by the Planning Commission, such as Conditional Use Permits, typically require between 1 to 2 months to process. Tentative parcel maps and tentative tract maps typically require 3 to 6 months to process. Projects reviewed by the City Council, such as General Plan and Zoning Amendments, typically require between 3 to 6months to process. Table IV -5 identifies the review authority responsible for making decisions on land use permits and other entitlements, as well as the estimated processing time for each type of application. Table IV -5 Review Authority for Residential Development Administrative Development Review Development Review Development Agreement" Minor Conditional Use Permit Conditional Use Permit Minor Variance Variance" General Plan Amendment" Specific Plan" Zoning Map or Development Code Amendment Tentative Map Plot Plan Zoning Clearance (over the counter 6-8 weeks Final Appeal Appeal 8 weeks Final Appeal 12-24 weeks Recommend Final 4-6 weeks Final Appeal Appeal 8weeks Final Appeal 2-4 weeks Final Appeal Appeal 4-8 weeks Final Appeal 12-24 weeks Recommend Final 12-24 weeks Recommend Final 12-24 weeks Recommend Final 12-24 weeks Recommend Final 4weeks Final Appeal Appeal 1 week Final Appeal Appeal Source: Diamond Bar Development Code; Community Development Department Notes: The Director and Hearing Officer may defer action on permit applications and refer the item(s) to the Commission for final decision. Permit typically involves environmental clearance pursuant to CEQA and is subject to the Permit Streamlining Ad Certain steps of the development process are required by State rather than local laws. The state has defined processing deadlines to limit the amount of time needed for review of required reports and projects. The following describes the five-step development review process in Diamond Bar: IV -10 - Draft I November 2013 Diamond Bar 2013-2021 Housing Element IV. Constraints Application Submittal. Applications for land use permits and other matters pertaining to the Development Code must be filed on a City application form, together with all necessary fees and/or deposits, exhibits, maps, materials, plans, reports, and other information required by the Development Services Department. Prior to submitting an application, applicants are strongly encouraged to request a pre -application conference with staff. The purpose of the pre -application conference is to inform the applicant of City requirements as they pertain to the proposed development project, review the procedures outlined in the Development Code, explore possible alternatives or modifications, and identify necessary technical studies and required information related to the environmental review of the project. Single-family residential uses are permitted by -right in all residential zoning districts. Multi -family residential uses are permitted by -right in the RM, RMH and RH zones. All new residential construction and some additions to existing residences are subject to "Development Review." Development Review and Administrative Development Review applications for projects that also require the approval of another discretionary permit (e.g. conditional use permit) shall be acted upon concurrently with the discretionary permit and the final determination shall be made by the highest level of review authority in compliance with Table IV -5. Development Review. An application for Development Review is required for residential projects that propose one or more dwelling units (detached or attached) and that involve the issuance of a building permit for construction or reconstruction of a structure(s) meeting the following criteria: New construction on a vacant lot and new structures, additions to structures, and reconstruction projects which are equal to 5076 or greater of the floor area of existing structures on site, or have 5,001 square feet or more of combined gross floor area in any commercial, industrial, and institutional development; or Projects involving a substantial change or intensification of land use (e.g. the conversion of and existing structure to a restaurant, or the conversion of a residential structure to an office or commercial use); or Residential, commercial, industrial, or institutional projects proposed upon a descending slope abutting a public street. Administrative Development Review. An application for Administrative Development Review is required for residential, industrial, and institutional developments that involve the issuance of a building permit for construction or reconstruction of a structure(s) meeting the following thresholds of review: Commercial, industrial, and institutional developments that propose up to 5,000 square feet of combined floor area; or i Projects that do not meet the specific criteria for Development Review. IV_11 Draft I November 2013 Diamond Bar 2013-2021 Housing Element IV. Constraints Development Review and Administrative Development Review are non - discretionary review procedures intended to address design issues such as landscaping and building massing, and do not include a review of the merits or suitability of the use Itself. Initial Application Review. The Director reviews all applications for complete- ness and accuracy before they are accepted as being complete and officially filed. Processing of applications does not commence until all required fees and deposits have been paid. Without the application fee or a deposit, the application is not deemed complete. Within 30 days of a submittal, staff reviews the application package and the applicant is informed in writing of whether or not the application is deemed complete and has been accepted for processing. If the application is incomplete, the applicant is advised regarding what additional information is required. If a pending application is not deemed complete within six months after the first filing with the Department, the application expires and is deemed withdrawn. Any remaining deposit amount is refunded, subject to administrative processing fees. Environmental Review. After acceptance of a complete application, a project is reviewed for compliance with the California Environmental Quality Act (CEQA). A determination is made regarding whether or not the proposed project is exempt from the requirements of CEQA. If the project is not exempt, a determination is made regarding whether a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report will be required based on the evaluation and consideration of information provided by an initial study. If an EIR is required, a minimum of nine months to one year is typically required to complete the process. Staff Report and Recommendations. A staff report is prepared by the Director that describes the conclusions and findings about the proposed land use development. The report includes recommendations on the approval, approval with conditions, or disapproval of the application. Staff reports- are provided to the applicant at the same time they are provided to the Hearing Officer, or members of the Commission and/or Council, before a hearing on the application. Notice and Hearings. An application for a development review or administrative development review is scheduled for a public hearing once the department has determined the application complete. Administrative development reviews and minor CUPS are heard by a Hearing Officer (staff) while more significant applications are heard by the Planning Commission. Legislative acts such as General Plan amendments, zone changes, specific plans and development agreements require City Council approval. Upon completion of the public hearing, the review authority shall announce and record the decision within 21 days following the conclusion of the public IV -12 Draft I November 2013 Diamond Bar 2013-2021 Housing Element IV. Constraints hearing, The decision shall contain the required findings and a copy of the resolution shall be mailed to the applicant. These processes are typical of most California jurisdictions and help to ensure that the development review process does not act as a constraint to housing development. 3. Development Fees and Improvement Requirements After the passage of Proposition 13 and its limitation on local governments' property tax revenues, cities and counties have faced increasing difficulty in providing public services and facilities to serve their residents. One of the main consequences of Proposition 13 has been the shift in funding of new infrastructure from general tax revenues to development impact fees and improvement requirements on land developers. The City requires developers to provide on-site and off-site improvements necessary to serve their projects. Such improvements may include water, sewer and other utility extensions, street construction and traffic control device installation that are reasonably related to the project. Dedication of land or in -lieu fees may also be required of a project for rights-of- way, transit facilities, recreational facilities and school sites, consistent with the Subdivision Map Act. Table IV -6 Planning and Development Fees Fee Category Fee or Deposit Amounf 7anning �and Application Fees Administrative Development Review $1AU8.B1aeposn Development Agreement $4,226.73deposit General Plan Amendment $5,704.57deposit Speck Plan $5,635.64deposlt Conditional Use Permit $2,817.82deposit Minor Conditional Use Permit $1,408.91deposit Tentative Tract Map $7,044.55deposit Tentative Parcel Map $4,226.73 deposit Actual cost Environmental Mitigation Monitoring Program I tat Enalneerina and Public Works Development Impact Fees SF I MF Drainage Facilities None Traffic Facilities $900 Public Facilities None Fire Facilities None Park Facilities $2,175 Sewer Connection $2,410 $1,4 Total impact fees per unit I 3o,4aa I ,oc Source: City of Diamond Bar, 2013 'Items with deposits are based on actual processing costs which may exceed initial deposit amount (a) Cost determined as part of the environmental review IV -13 DraftFI Novemnerzuls Diamond Bar 2013-2021 Housing Element IV. Constraints State law limits fees charged for development permit processing to the reasonable cost of providing the service for which the fee is charged. Various fees and assessments are charged by the City and other public agencies to cover. the costs of processing permit applications and providing services and facilities such as schools, parks and infrastructure. Table IV -6 .provides a list of fees the City of Diamond Bar charges for new, standard residential development. The City periodically evaluates the actual cost of processing development permits when revising its fee schedule. The last fee schedule update was adopted in 2012. Improvement Requirements Throughout California, developers are required to construct on- and off-site improvements needed to serve new projects, including streets, sidewalks, and utilities. City road standards vary by roadway designation as provided in Table IV -7. A local residential street requires a 44- to 60 -foot right-of-way, with two 12 -foot travel lanes. These road standards are typical for cities in Los Angeles County and do not act as a constraint to housing development. The City's Capital Improvement Program (CIP) contains a schedule of public improve- ments including streets, bridges, overpasses and other public works projects to facilitate the continued build -out of the City's General Plan. The CIP helps to ensure that construction of public Improvements is coordinated with private development. - Table IV -7 Road Improvement Standards Major arterial 4-6 100-120 N/A Secondary arterial 4 60-100 N/A Collector street 2-4 60-80 N/A Local street 2 44-60 28-36 Although development fees and improvement requirements increase the cost of housing, cities have little choice in establishing such requirements due to the limitations on property taxes and other revenue sources needed to fund public services and improvements. B. Non -Governmental Constraints 1. Environmental Constraints Environmental constraints include physical features such as steep slopes, fault zones, floodplains, sensitive biological habitat, and agricultural lands. In many cases, development of these areas is constrained by state and federal laws (e.g., FEMA IV -14 Draft I November 2013 Diamond Bar 2013-2021 Housing Element IV. Constraints floodplain regulations, the Clean Water Act and the Endangered Species Act, and the state Fish and Game Code and Alquist-Nolo Act). Most of the level, easily developable land in Diamond Bar has already been developed, and much of the remaining land has a variety of geotechnical and topographic conditions that may constrain the development of lower-priced residential units. Large portions of the City contain steep slopes that pose a significant constraint to development. In addition to slope constraints, many of the hillsides in Diamond Bar have a potential for landslides. Slope stability is affected by such factors assoiltype, gradient of the slope, underlying geologic structure, and local drainage patterns. The rolling topography and composition of local soils throughout Diamond Bar create numerous areas for potential landslide hazards. Although many historical landslide locations have been stabilized, there still exist a number of potential landslide areas in the eastern portion of the City as well as within Tanner Canyon in the Sphere of Influence. Figure IV -1 illustrates the significant areas with environmental constraints. IV -15 uratt I NovemDeRVio Diamond Bar 2013-2021 Housing Element IV. Constraints figure IV -11 Environmental Constraints `'T t i I , _ q e I I i �I I I I 1 Slope Areas 25% or Greater Environmental Constraints Development Restrictions City Boundary low N O Mlles drd.-I] Reve11el 112L13 IV -16 Draft I November 2013 Diamond Bar 2013-2021 Housing Element Iv. Constraints 2. Infrastructure Constraints As discussed under Development Fees and Improvement Requirements, the City requires developers to provide on-site and off-site improvements necessary to serve their projects. Dedication of land or in -lieu fees may also be required of a project for (ghts-of-way, transit facilities, recreational facilities and school sites, consistent with the Subdivision Map Act. Additionally, the City's Capital Improvement Program (CIP) contains a schedule of public improvements including streets and other public works projects to facilitate the continued build -out of the City's General Plan. The CIP helps to ensure that construction of public improvements is coordinated with development. As a result of these policies, any infrastructure constraints which currently exist must be fully mitigated and financed as growth occurs. Wastewater Wastewater conveyance and treatment in Diamond Bar is provided by the County of Los Angeles Sanitation District No. 21. Although much of the physical sewage infra- structure appears in generally good condition, there have been repeated failures of the pump stations needed to lift flows to the regional collectors. Presently, there are no sewer lines in place in the developed southeastern end of the 1,250 -acre development known as the Country Estates, Approximately 144 lots are utilizing on-site wastewater disposal systems. Installation of infrastructure is needed within the Tres Hermanos Ranch as well. Water Water for City residents is supplied by the Walnut Valley Water District, which receives its water supply from the Three Valleys Municipal Water District and ultimately from the Metropolitan Water District (MWD) of Southern California. Almost all of the water supply is purchased from MWD, which imports water from the Colorado River Aqueduct (a small portion comes from Northern California through the State Water Project). Domestic water supply is not expected to limit development during the planning period. Storm Water Drainage Flood control is provided by the County Flood Control District. Flood control facilities are in fairly good condition. Development proposals are assessed for drainage impacts and required facilities. With these existing facilities and review procedures in place, the City's flood control system is not expected to limit development during the planning period. 3. Land Costs Land represents one of the most significant components of the cost of new housing. Land values fluctuate with market conditions, and the recent downturn in the housing market has affected land values negatively. Changes in land prices reflect the cyclical nature of the residential real estate market. IV -17 UFOIT I NUVBnIUtll <ulu Diamond Bar 2013-2021 Housing Element IV. Constraints A major constraint to providing affordable housing on remaining vacant hillside parcels in Diamond Bar is the high cost of construction in hillside areas. Another cost constraint for construction in areas with steep topography is the low ratio of developable area to total land area. Residential projects in hillside areas have large amounts of open space and only about 25-30% developable land. 4. Construction Costs Construction cost is affected by the price of materials, labor, development standards and general market conditions. The City has no influence over materials and labor costs, and the building codes and development standards in Diamond Bar are not substantially different than most other cities in Los Angeles County. Construction costs for materials and labor have increased at a slightly higher pace than the general rate of inflation according to the Construction Industry Research Board. 5. Cost and Availability of Financing The recent crisis in the mortgage industry that began in 2008 affected the availability and cost of real estate loans, although the long-term effects are unpredictable. One of the most significant changes has been a tightening of mortgage underwriting standards, which has had greater impacts on low-income families than other segments of the community. For those with good credit ratings, interest rates have been at historic lows, resulting in increased affordability. Diamond Bar is similar to most other communities with regard to private sector home financing programs. As discussed in the previous chapter, Diamond Bar utilizes tax exempt multi -family revenue bonds which provide a lower interest rate than is available through conventional financing. This program helps to address funding for low-income multi -family projects. Under state law, it is illegal for real estate lending institutions to discriminate against entire neighborhoods in lending practices because of the physical or economic conditions in the area ("redlining"). In monitoring new construction sales, re -sales of existing homes, and permits for remodeling, it would not appear that redlining is practiced in any area of the City. C. Fair Housing State law also prohibits discrimination in the development process or in real property transactions, and it is the City's policy to uphold the law in this regard. As a participating city in the Los Angeles County Community Development Block Grant (CDBG) program, the City of Diamond Bar has access to services of the Long Beach Fair Housing Foundation for fair housing outreach and education, and counseling on housing discrimination complaints. IV -18 Draft I November 2013 Diamond Bar 2013-2021 Housing Element V. Housing Action Plan V. HOUSING ACTION PLAN Chapters II through IV of the Housing Element describe the housing needs, opportunities and constraints in the City of Diamond Bar. The following Housing Action Plan presents the City's eight-year Housing Plan for the 2013-2021 planning period. This Plan sets forth Diamond Bar's goals, policies, and programs to address the identified housing needs of the City. A. Goals and Policies It is the overall goal of the plan that there be adequate housing in the City, both in quality and quantity, to provide appropriate shelter for all without discrimination. The goals and policies of the Housing Element presented in the following section address Diamond Bar's identified housing needs and are implemented through a series of housing programs offered through the Community Development Department. Within this overarching goal, the City has established goals and policies to address the development, maintenance and improvement of the housing stock. GOAL 1 Consistent with the Vision Statement preserve and conserve the existing housing stock and maintain property values and residents' quality of life. Policy 1.1 Continue to offer home improvement and rehabilitation assistance to low- and moderate -income households, including seniors and the disabled. Policy 1.2 Continue to use the Neighborhood Improvement Program to bring substandard units into compliance with City codes and improve overall housing conditions in Diamond Bar. Policy 1.3 Promote increased awareness among property owners and residents of the importance of property maintenance to long-term housing quality. GOAL 2 Consistent with the Vision Statement, provide opportunities for development of suitable housing to meet the diverse needs of existing and future residents. Pollcy 2.1 Provide favorable home purchasing options to low- and moderate -income households through County and other homebuyer assistance programs. Policy 2.2 Continue outreach and advertising efforts to make more residents aware of homebuyer assistance programs and to enhance program utilization. Policy 2.3 Maintain affordability controls on government -assisted housing units in the City. Policy 2.4 Facilitate the development of second units as a means to provide affordable housing opportunities in existing neighborhoods. V-1 Draft I November 2013 Diamond Bar 2013-2021 Housing Element V. Housing Action Plan GOAL 3 Provide adequate sites through appropriate land use and zoning designations to accommodate future housing growth. Policy 3.1 Maintain an inventory of potential sites available for future housing development. Policy 3.2 Limit development of vacant Medium High Density (RMH) and High Density (RH) designated properties to multi -family use. Policy 3.3 Integrate multi -family residential uses within the Tres Hermanos Specific Plan. Policy 3.4 Coordinate with local colleges and universities in provision of housing for faculty and staff. GOAL 4 Mitigate potential governmental constraints which may hinder or discourage housing development in Diamond Bar. Policy 4.1 Continue to provide regulatory incentives and concessions to facilitate affordable housing development in the City. Policy 4.2 Promote the expeditious processing and approval of residential projects that meet General Plan policies and City regulatory requirements. Policy 4.3 Consider granting parking exceptions, on a case by case basis, for multi -family projects. Pursuant to the City's Affordable Housing Incentives Ordinance, provide parking reductions for projects with an affordable housing component. Policy4.4 Periodically review City regulations, ordinances, departmental processing procedures and residential fees related to rehabilitation and/or construction to assess their impact on housing costs, and revise as appropriate. GOAL 5 Consistent with the Vision Statement, encourage equal and fair housing opportunities for all economic segments of the community. Policy 5.1 Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, selling or renting of housing on the basis of race, religion, family status, national origin, physical handicap or other such circumstances. Pollcy 5.2 Refer persons with fair housing complaints to the appropriate agency for investigation and resolution. Policy 5.3 Encourage apartment managers and owners to attend fair housing seminars offered by the Apartment Association of Greater Los Angeles. V-2 Draft I November 2013 Diamond Bar 2013-2021 Housing Element V. Housing Action Plan B. Housing Programs The goals and policies contained in the Housing Element address Diamond Bar's identified housing needs, and are implemented through a series of housing programs offered through Development Services Department. Housing programs define the specific actions the City will undertake to achieve the stated goals and policies. According to §65583 of the Government Code, a city's housing programs must address the following five major areas: • Conserving the existing supply of affordable housing; • Assisting in the provision of housing; • Providing adequate sites to achieve a variety and diversity of housing; • Removing governmental constraints as necessary; and • Promoting equal housing opportunity Diamond Bar's housing plan for addressing unmet needs, removing constraints, and achieving quantitative and qualitative objectives is described in this section according to the above five areas. The program summary (Table V-1, beginning on page V-12) included at the end of this chapter specifies for each program eight-year objective(s), funding source(s), and agency responsible for implementation of the program. Conserving the Existing Supply of Affordable Housing Conserving and improving the housing stock is an important goal for Diamond Bar. Although the majority of the City's housing stock is in good condition, about half of the housing stock is over 30 years old, the age when most homes begin to require major rehabilitation improvements. By identifying older residential neighborhoods for potential housing rehabilitation, the City has taken a proactive approach to maintaining the quality of its current housing stock. The focus neighborhoods identified by this Plan as evidencing physical problem conditions can be specifically targeted for City housing improvement assistance. 1. Residential Neighborhood Improvement Program The City implements a proactive Neighborhood Improvement Program and neighborhood inspections are conducted on a regular basis throughout the entire City. The checklist for residential violations includes inoperable vehicles, trash storage, parking on paved areas only, structure maintenance, landscape maintenance, and fence.and wall maintenance. After the neighborhood inspection, letters are sent out to all property owners in areas where violations have been observed. A follow-up inspection will be conducted, at which time any noticed properties found to be in violation of the Municipal Code are subject to a $100 citation. When problems are observed, inspectors may refer residents to the Single Family Rehabilitation loan program. V-3 Dratt I Novemaerzuis Diamond Bar 2013-2021 Housing Element V. Housing Action Plan Eight-year objective: Continue to implement the code enforcement program, and direct eligible households to available rehabilitation assistance in order to correct code violations. Provide focused code enforcement and rehabilitation assistance for 5 to 6 households in neighborhoods evidencing concentrations of deteriorating units. 2. Home Improvement Program The City uses CDBG funds for minor home repair through the Home Improvement Program, where low/moderate income householders may receive a $5,000 grant and/or $10,000 no interest loan for home repair and rehabilitation. Eight-year objective: Minor repair and rehabilitation for 10 units annually. 3. Single -Family Rehabilitation Program Diamond Bar participates in the Los Angeles County Single Family Rehabilitation Program which assists low/moderate income (up to 120% of AMI) single-family homeowners who need property rehabilitation. The maximum loan amount is $25,000, although loan amounts typically vary from $15,000 to $25,000. This program is promoted on the City's website and through personal contact with code enforcement staff. Since the program is funded and operated by Los Angeles County, the City has no control over total funding amounts or number of persons served. Eight-year objective: The City will continue to advertise the County program, which provides rehabilitation loans to qualified low- and moderate -income homeowners, on the City's website and through code enforcement. staff. 4. Section 8 Rental Assistance Program The Section 8 Rental Assistance Program extends rental subsidies to extremely -low- and very -low-income households who spend more than 307o of their gross income on housing. Rental assistance not only addresses housing affordability, but also overcrowding by assisting families that may be "doubling up" in order to afford rent. The Los Angeles County Housing Authority coordinates Section 8 rental assistance on behalf of the City. Eight-year objective: Continue to direct eligible households to the County Section 8 program. 5. Preservation of Assisted Housing Diamond Bar contains only one assisted housing project, the 149 -unit Seasons Apartments (formerly "Heritage ParK') for senior citizens. This project was constructed in 1988 and was originally financed under the Los Angeles County Multi -Family Mortgage Revenue Bond program. The project was refinanced in November 1999 under the California Community Development Authority's Multi -Family Housing Re -funding Bond, and was transferred to the Corporate Fund for Housing, a non-profit organization. According tc 'the terms of the hew bond agreement, income restrictions for residents V-4 - Draft I November 2013 Diamond Bar 2013-2021 Housing Element V. Housing Action Plan and corresponding rent limits were set. For the duration of the bond, which expires December 2, 2034, all units will be affordable: 30 units (207.) will be very -low-income, 82 units (55%) will be low-income, and 37 units will be moderate -income (defined as 100% AMI). Eight-year objective: Preserve 100% of the 149 low- and moderate -income units in the Seasons Apartments. 6. Mobile Home Park Preservation There are two mobile home parks in Diamond Bar, both located in the western portion of the City: Diamond Bar Estates and Walnut Creek Estates. These mobile home parks were developed before incorporation of the City on land previously designated as Industrial under the County's jurisdiction. The Diamond Bar General Plan Land Use Map adopted in 1995 designated both mobile home parks 'residential' in order to preserve their status and prevent future inconsistencies. This designation in the General Plan works to preserve the parks since any proposed land use change would require an amendment to the City's General Plan and Zoning Ordinance, as well as adherence to State mobile home park closure requirements. Eight-year objective: The City will continue to support preservation of its two mobile home parks as important affordable housing resources. Assisting in the Provision of Housing To enable more households to attain homeownership in Diamond Bar, the City participates in two mortgage assistance programs: the Homebuyer Assistance Program and the Mortgage Credit Certificate (MCC). These programs are very important given that housing prices in Diamond Bar rank among the highest in eastern Los Angeles County and northern Orange County. The City is also supportive of the development of senior housing to meet the needs of its growing senior population and multi -family rental housing for lower-income households, including working families and university students. 7. First -Time Homebuyer Assistance Programs Los Angeles County offers a first-time homebuyer assistance program and Mortgage Credit Certificates. To be eligible, families must meet the specified income requirements and be able to pay a 1% down payment on their home. The maximum sales price for a home through the HOP in 2013 is $362,790. The maximum price of a home purchased in conjunction with the Mortgage Credit Certificate program in 2013 is $673,615. The City of Diamond Bar provides referral information to prospective buyers at the public counter and on the City website. Home Ownership Program (HOP) The Los Angeles County Home Ownership Program (HOP) provides zero -interest loans with no repayment due until the home is said, transferred, or refinanced. Maximum loan V-5 Dratt I Novemoer zu w Diamond Bar 2013-2021 Housing Element V. Housing Action Plan amount is $60,000 or 25% of the purchase price, whichever is the least. The loan is secured by a second trust deed and a promissory note. The home must be owner - occupied for the life of the loan. Mortgage Credit Certificate (MCC) The Mortgage Credit Certificate (MCC) program is a federal program that allows qualified first-time homebuyers to take an annual credit against federal income taxes of up to 15% of the annual interest paid on the applicant's mortgage. This enables homebuyers to have more income available to qualify for a mortgage loan and make the monthly mortgage payments. The value of the MCC must be taken into considera- tion by the mortgage lender in underwriting the loan and may be used to adjust the borrower's federal income tax withholding. The MCC program has covenant restrictions to ensure the affordability of the participating homes for a period of 15 years. MCCs can be used in conjunction with the Home Ownership Program (HOP). Eight-year objective: The City will advertise these programs and provide information to interested homebuyers. In addition, the City will work with realtors to make them aware of these programs. 8. Senior and Workforce Housing Development With a growing portion of the City's population 65 years of age and above, Diamond Bar will experience a significant need for senior housing and services. Particularly those seniors 75 years and older will begin to require housing with a supportive service component. The City currently has only one senior housing facility, the Seasons Apartments. Occupations for which high housing costs make it difficult to live in the community where the householder is employed include teachers, police and firefighters. Several colleges and universities are also located within commuting distance of Diamond Bar. The City will coordinate with these institutions to identify potential partnership opportunities for affordable faculty/staff housing. The City will assist in establishing a second senior facility and developing workforce housing, including units affordable to very -low- and extremely -low-income persons as well as units with 3-4 bedrooms suitable for large families, if feasible, in several ways. First, the City will identify suitable sites for development in the Housing and Land Use Elements, including zoning to encourage and facilitate low-cost housing options such as SROs. Second, the City will offer regulatory incentives, and/or direct financial assistance appropriate to the project. The following are among the types of incentives which may be provided: Contributions to off-site improvements (e.g. traffic mitigation, infrastructure upgrades, etc.) Flexible development standards (reduced parking, reduced open space, modified setbacks, etc.) Density bonuses V-6 Draft I November 2013 Diamond Bar 2013-2021 Housing Element V. Housing Action Plan City support to developers in affordable housing funding applications Reduction in development fees Direct financial assistance It must be recognized that the City's ability to offer direct financial subsidies is limited, particularly in light of current fiscal conditions. The City has no local source of housing assistance funds, and its CDBG revenue is only about $300,000 per year (see Chapter III for further discussion of the City's financial resources). Given these financial limitations, the City's primary efforts to encourage and facilitate affordable housing production are through its land use regulations and staff support to interested developers in applying for grant funds, and cooperation with the Los Angeles County Community Development Commission on its assistance programs. Pursuant to the City's Affordable Housing Incentives Ordinance, the City provides modified development standards, including parking reductions, for senior and affordable projects. A portion of the City's CDBG funds can be used to help finance senior and workforce housing projects. New housing developments in Diamond Bar may also be eligible. for funding sources Identified in the Resources chapter of the Element. Typically, local assistance can serve as gap financing to bridge the difference between the total project cost and the equity investment plus debt. Eight-year objective: The City will identify and evaluate sites suitable for new senior and workforce housing. The City will post information on the City website regarding the City's interest in assisting in the development of senior and workforce housing, provide information on available regulatory and financial incentives, and assist developers in applying for funds. The City will also contact local colleges and universities to identify potential partnership opportunities for affordable housing. The City's quantified objectives for housing production during the 2013-2021 planning period are described in Table V-2. Providing Adequate Housing Sites to Achieve a Variety and Diversity of Housing A major element in meeting the housing needs of all segments of the community is the provision of adequate sites for all types, sizes and prices of housing. The City's General Plan, Development Code and specific plans dictate where housing may be built, thereby affecting the availability of land for residential development. Specific locations for housing sites are depicted in the tables and maps presented in Appendix B', Land Use Element and Zoning The Land Use Element of the General Plan, as discussed in Chapter III, provides for a variety of housing types in Diamond Bar, with densities ranging from one unit per acre to 30 dwelling units per acre, and higher densities can be achieved through the City's density bonus provisions and through development agreements. Current zoning designations provide adequate sites with appropriate zoning to accommodate the V-7 Draft I November 2013 Diamond Bar 2013-2021 Housing Element V. Housing Action Plan City's total housing need of 1,146 units identified in the RHNA at all income levels for the 2014-2021 projection period (see discussion in Appendix B). The City shall comply with the "no net loss" provisions of Government Code §65863 through the implementation of an ongoing project -by -project evaluation process to ensure that adequate sites are available to accommodate the City's RHNA share throughout the planning period. The City shall not reduce the allowable density of any site in its residential land inventory, nor approve a development project at a lower density than assumed in the land inventory, unless both of the following findings are made: a) The reduction is consistent with the adopted General Plan, including the Housing Element; and b) The remaining sites identified in the Housing Element are adequate to accommodate the City's share of regional housing need pursuant to Government Code §65584. If a reduction in residential density for any parcel would result in the remaining sites in the Housing Element land inventory not being adequate to accommodate the City's share of the regional housing need pursuant to Sec. 65584, the City may reduce the density on that parcel if it identifies sufficient additional, adequate and available sites with an equal or greater residential density so that there is no net loss of residential unit capacity. An accurate land inventory of sites suitable for residential development shall be made available to interested parties at the Planning Department office and on tha City's website. Eight-year objective: Maintain adequate sites for housing development at all income levels in conformance with the RHNA and ensure compliance with No Net Loss requirements. 10. Mixed Use Development The City is supportive of mixed-use development, which would provide housing close to places of employment. The Specific Plan (SP) overlay designation can facilitate large- scale development areas (e.g., Tres Hermanos) in which residential, commercial, recreational, public facilities, and other land uses may be permitted, or redevelopment of existing underutilized properties. The City will encourage property owners and developers to pursue mixed-use development where appropriate to accommodate a portion of the lower-income housing needs during this planning period. Mixed-use can also reduce vehicle trips, make more efficient use of land and parking areas, and facilitate energy conservation. Eight-year objective: The City will prepare a handout and marketing materials encouraging mixed-use development where appropriate and make it available to interested developers. V-8 Draft I November 2013 Diamond Bar 2013-2021 Housing Element V. Housing Action Plan 11. Second Units The City's Development Code permits second units by right in the RR and RL Districts. Second units are allowed on lots between 10,000 and 20,000 square feet in size. The maximum size of the second unit is 600 square feet. If the lot is over 20,000 square feet, the maximum size of the second unit is up to 1,200 square feet. A second unit may be rented. Eight-year objective: Second units can contribute to the provision of lower cost rental housing, particularly for seniors. The City will continue to encourage construction of second dwelling units pursuant to the provisions of its Second Unit Ordinance, and will make an informational handout available for distribution at the public counter. 12. Emergency Shelters and Transitional/Supportive Housing Senate Bill 2 of 2007 strengthened planning requirements for emergency shelters and transitional/supportive housing. The Development Code allows emergency shelters by - right in the Light Industry (1) zone in compliance with SB 2 and also allows transitional and supportive housing as a residential use subject to the same standards as other residential uses of the same type in. the same zone. The City will also continue to cooperate with the San Gabriel Valley Council of Governments in its efforts to develop a regional strategy for addressing homelessness. Eight-year objective: Continue to facilitate emergency shelters and transitional/supportive housing, and continue participating in the SGVCOG homeless study to address homelessness. 13. Redevelopment of. Underutilized Sites Some commercial properties in Diamond Bar that were originally developed 20-30 years ago are now "underutilized" and have the opportunity to take advantage of contemporary land use and design through redevelopment. The City will encourage interested owners of such properties to pursue redevelopment that includes a mixed-use or multi -family residential component. Incentives the City may offer to encourage and facilitate redevelopment include the following: Contributions to off-site improvements (e.g. traffic mitigation, .infrastructure upgrades, etc.) Flexible development standards (reduced parking, reduced open space, modified setbacks, etc.) Density bonuses • City support to developers in affordable housing funding applications • Reduction in development fees Direct financial assistance V-9 uran I NOvemDerzu1J Diamond Bar 2013-2021 Housing Element V. Housing Action Plan Eight-year objective: Encourage interested property owners to pursue redevelopment of underutilized properties through the provision of incentives and concessions. Removing Governmental Constraints Under current state law, the Housing Element must address, and where legally possible, remove governmental constraints affecting the maintenance, improvement, and development of housing. The following programs are designed to mitigate government constraints on residential development and facilitate the development of a variety of housing. 14. Affordable Housing Incentives/Density Bonus In order to specifically facilitate the development of affordable housing, the City utilizes Affordable Housing Incentives/Density Bonus Provisions (Development Code Chapter 22.18). Incentives provided for in Chapter 22.18 apply to developments of five or more dwelling units. If a density bonus and/or other incentives cannot be accommodated on a parcel due to strict compliance with the provisions of the Development Code, the Council is authorized to waive or modify the development standards as necessary to accommodate all bonus units and other incentives to which the development is entitled. Incentives will include a reduction in the required off-street parking pursuant to SB 1818 and allowing carports rather than garages for lower-income apartments. Eight-year objective: The City will continue to encourage the production of affordable housing through the use of density bonus, and provide a handout summarizing the benefits and requirements of affordable housing incentives/density bonus provisions. The summary handout will be prepared and distributed to the development community. These incentives and provisions will be particularly important to potential developers of affordable senior housing. 15. Efficient Project Processing The City is committed to a streamlined development process, and has adopted procedures to facilitate project processing. A prospective applicant or agent proposing development is strongly encouraged to request a pre -application conference with the Community Development Department before formal submittal of an application. The purpose of this conference is to inform the applicant of City requirements as they apply to the proposed development project, review the procedures outlined in the Development Code, explore possible alternatives or modifications, and identify necessary technical studies and required information relating to future entitlement review. Eight-year objective: The City will continue to offer streamlined development processing, and will periodically review departmental processing procedures to ensure efficient project processing. V-10 Draft I November 2013 Diamond Bar 2013-2021 Housing Element V. Housing Action Plan Promoting Equal Housing opportunities To adequately meet the housing needs of all segments of the community, the housing plan must Include program(s) that promote housing opportunities for all persons regardless of race, religion, gender, family size, marital status, ancestry, national origin, color, age, or physical disability. 16. Fair Housing Program As a participating city in the Los Angeles County CDBG program, Diamond Bar has access to the services of the San Gabriel Valley and Long Beach Fair Housing Foundation for fair housing outreach and education, and counseling on housing discrimination complaints. The City will continue to advertise the fair housing program through placement of fair housing service brochures at the public counter, at the Senior Center, through the City's newsletter, and on the City website. Apartment owners and managers are among the most important groups to educate about fair housing issues, rights and responsibilities. The Apartment Association of Greater Los Angeles conducts seminars on state, federal and local Fair Housing laws and problems of housing. In order to bring up these issues in the local community, the City will sponsor a seminar at which the Apartment Association makes a presentation and initiates discussion of fair housing issues with local apartment owners and managers. Eight-year objective: The City will continue to promote fair housing practices, provide educational information on fair housing to the public, and cooperate with the Greater Los Angeles Apartment Association in providing fair housing information to landlords and at libraries, senior centers, recreation centers, and Social Security and employment offices.. The City will continue to refer fair housing complaints to the San Gabriel Valley and Long Beach Fair Housing Foundation, and maintain an open dialogue with the Foundation regarding the nature of complaints received. 17. Reasonable Accommodation for Persons with Disabilities Senate Bill 520 of 2001 requires cities to remove constraints or make reasonable accommodations for housing occupied by persons with disabilities. The City will continue to implement adopted procedures for reviewing and approving requests for reasonable housing accommodations pursuant to SB 520. Eight-year objective: The City will continue to implement reasonable accommodation procedures for persons with disabilities in compliance with SB 520. V-11 Dratt I NovemDerzuio Diamond Bar 2013-2021 Housing Element V. Housing Action Plan Table V-1 Housing Implementation Program Summary 1. Residential Proactive program conducts Provide citywide focused code CDBG Community Neighborhood neighborhood inspections on a enforcement linked with rehabilitation HOME Development Dept. Improvement regular basis throughout entire assistance. Implementation ongoing. Commission Program City. Encourage mixed-use development in General Community 2. Home Improve neighborhoods Provide minor repair/rehab to 10 units Volunteers Community Improvement evidencing deferred annually. Implementation ongoing, Credits, Development Dept. Program maintenance through property with local colleges and universities. other County Community 11. Second Units maintenance and rehab. Make available an informational General Development 3. Single -Family Provide loans to lower-income Provide ongoing advertisement of CDBG; Community Rehabilitation homeowners to help them loans available through the County for HOME Development Dept.; Program rehabilitate their homes. qualified homeowners. Implementation County Community 12.Emergency ongoing. General Development Shelters and emergency shelters and Fund Commission 4. Section 8 Rental Provide rental subsidies to very Continue current levels of rental HUD Los Angeles County Assistance Program low-income households. assistance and direct eligible Housing Authority households to the County program. Implementation ongoing. 5. Preservation of Preserve existing stock of Preserve 149low/mod units In The None Community Assisted Housing subsidized housing. Seasons Senior Apartments. required Development Dept. Implementation ongoing. 6. Mobile Home Support preservation of City's Maintain residential zoning, and None Community Park Preservation two mobile home parks as enforce Stale closure requirements as required Development Dept. affordable housing. necessary. Implementation ongoing. Assisting in the Provision of Housing 7. First-time Expand homeownership Provide 6 HOPS and 6 MCCs annually CDBG, County Community Homebuyer opportunities for low -and based on availability. Implementation HOME Development Assistance moderate -Income homebuyers. ongoing. Commission Programs Provide expanded areas for Encourage mixed-use development in General Community B. Senior and Provide additional senior and Evaluate sites, contact property CDBG, Tax Community Workforce Housing affordable rental housing to owners within two years. Coordinate Credits, Development Dept. Development address City's growing senior with local colleges and universities. other County Community 11. Second Units population, and housing Make available an informational General Development overpayment among renters. handout on second units throughout Fund Commission Providing Adequate Residential Sites 9. Land Use Provide adequate sites at Maintain adequate sites General Community Element and Zoning varying densities for future commensurate with the RHNA. Fund Development Dept, housing development. 10. Mixed Use Provide expanded areas for Encourage mixed-use development in General Community Development mixed residential development appropriate areas to meet a portion of Fund Development Dept, in places close to employment, the City's lower-income housing needs. 11. Second Units Provide opportunities for Make available an informational General Community scattered second unit rentals handout on second units throughout Fund Development Dept. integrated in single-family the planning period. neighborhoods. 12.Emergency Continue to facilitate the provision of General Community Shelters and emergency shelters and Fund Development Dept. V-12 Draft I November2013 Diamond Bar 2013-2021 Housing Element V, Housing Action Plan Transitional/ Supportive Housing transitional/supportive housing consistent with stale law. 13. Redevelopment Encourage and facilitate Work with interested property owners General Community of Underutilized redevelopment of underutilized throughout the planning period in Fund Development Dept. Sites properties through provision of support of redevelopment projects that , 25 Long Beach Fair 50 I incentives and concessions. include a residential or mixed - Housing Foundation 15. Efficient Project Provide efficient development component. General Community 0 ,... n,.vnmmnnfni Cnnefratnfe 14. Affordable Facilitate the production of Continue to facilitate production of General Community Housing Incentives/ affordable housing through affordable and senior housing through Fund Development Dept. Density Bonus provision of regulatory and density bonus provisions consistent with 25 Long Beach Fair 50 I financial assistance. state law. Housing Foundation 15. Efficient Project Provide efficient development Continue to offer streamline General Community Processing processing procedures development processing, and Fund Development Dept. 17. Reasonable Allow modifications to land use periodically review procedures. General Community Accommodation for or building regulations as Implementation ongoing. Fund Development Dept. o.....,..ii..., Cn„el 41n„nrnn nnnnrfnnlfiaa 16. Fair Housing Further fair housing practices in Continue to provide educational General Community Program the community. Information on fair housing to the Fund, CDBG Development Dept.; I I public, and refer fair housing 25 Long Beach Fair 50 I Conservation (2) complaints to the San Gabriel Valley Housing Foundation 82 37 and Long Beach Fair Housing 195 Foundation. 17. Reasonable Allow modifications to land use Continue to implement the General Community Accommodation for or building regulations as Reasonable Accommodation Fund Development Dept. Persons with necessary to ensure that ordinance throughout the planning Disabilities persons with disabilities have period. reasonable use and enjoyment of their homes in conformance with SB 520. Table V-2 Quantified Objectives, 2013-2021 City of Diamond Bar New construction (1) 154 154 182 190 466 1,146 Rehabilitation I I 25 I I 25 I 50 I Conservation (2) 76 82 37 195 1. Quantified objective for new construction is for the period 11U2014— 1011/2021 per the RHNA 2. Section 8 units +The Seasons senior apartments V-13 Draft I November 2013 Diamond Bar 2013-2021 Housing Element V. Housing Action Plan This page intentionally left blank V-14 Draft I November2013 Diamond Bar 2013-2021 Housing Element Appendix A - Evaluation of Prior Housing Element Appendix A Evaluation of the Prior Housing Element Section 65588(a) of the Government Code requires that jurisdictions evaluate the effectiveness of the existing Housing Element, the appropriateness of goals, objectives and policies, and the progress in implementing programs for the previous planning period. This appendix summarizes the results of the City's review of the housing goals, policies, and programs of the previous housing element, and evaluates the degree to which these programs have been implemented during the previous planning period, 2008 through 2013.. The assessment concluded that the prior goals and policies are still appropriate and no changes are required. Table A-1 summarizes the programs contained in the previous Housing Element along with the source of funding, program objectives, accomplishments, and implications for future policies and actions. Table A-2 summarizes new units built during the previous Housing Element period. Table A-3 presents the City's progress in meeting the quantified objectives from the previous Housing Element. A_1 Draft I November 2013 EA y d N d O N d n C d :a' io E E d L n. n cd `� @ c m 'O n wo a O a N C L w o d d m U C o d :G OI y� c E O mom t Vi E n d d> t0 N o w y n O N L"O EE o F- E y E ao o 22 na. rn Eccori m 0 E Q C O. N eO. d pp d d 2 X0 d 2 0 R IEo v 2 d C 2� a R «� 'O C O- C/)7 0 C C O O C L C C 'O O N C� Z Y= C l0 9 y d QC m p Vf pU d d N 12 Q d R" C U 2 d U S C U O U d d (n -2.0 C c C Z m An 7 N U C. Z d E E c. 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I N O (2 N C$ m C O N Q > NE 12 € C L C C > >' O a0 Q u c m o i Um� O V OYNE Uo42 E E E yO o E mAm am o L wmE Qo ro UAE aE O N U o Q ii U w U 12 U v d u L N o 0 L O L O Qng s O C HSZ� F- rn T C a� O W N N N O C C' N J�._ z 3 Cl)�0 U co d m N o = m c c c c N E n 0 0 cn ti U o m o o > a > o. > n m i2 A W •O °I 'a D a m C a m 0 d C7 ll Un LL CD LLU C7LL ram 0 m. S 0 S m w Y3 a Ofm N L N �A= . mm€cU gpwO o.c_ .OEiO '2LLm9m. co yUmNE mmod�a d o}LL'LmmaOi mScO cIO d oc N OcO O m OOmT OO .v� a' 0n o>` no mom o�O 'o EC coca N OONO N I ONUOF� NNN -a NO 'o3 m Em O c d D� o o E n o 0 Up0 Uv o. E a`:� H.1°(7UiiUa coi E ¢¢ O N N E c m c N N E N N E C yj D CO Q N O N (U O NM N d t✓ m m N 0 m vy c 0d 3omEaw o c 'm nveN o o rn ESa v ov c 0 c 0O C l0 v m c m m e E� E O N E N N N 0 O 'CO R tC Q O. C' O u N C y 'rv- VNI U W A yi C LL N 6 4-. a O c LL lO c J N � N .3 min a c W N @ o m N J E N A a c a`�i c 2 w Ep o :o .a92 p wa ¢5m E. ii �¢ao a` ao R V 2 CE G � V N O d Q a O O a y 0 o > � 0 O O c U v -o N 4) w I 1 l•7 N 00 0 N m m m a � a _ m c y � m c � ami m � � a 3 a N � a J � rn N a M N � � D T Q N _ O) E c a R V C O � > a � U m a > O C Q � J E a c E:2 E2o m vm <7 . I a E m W in E °= i Y = m � � 0 a 0 K D1 O S C J �j Yn ry Z+ m G o N o U A Diamond Bar 2013-2021 Housing Element Appendix A - Evaluation of Prior Housing Element Table A-3 Progress in Achieving Quantified Objectives - 2008-2013 City of Diamond Bar aucummu vuJccuve ouu yluaicoa im ncv wuauu—II i all 1998-2005, per the previous RHNA cycle "46 SecBon 8 units +30 senior apaftments (The Seasons) A-6 Draft I November2013 Quantified Program Category O, New Construction* Very Low (Ex. Low) 286 (143) Low 180 Moderate 189 1 Above Moderate 443 207 Total 1,098 20B Rehabilitation Very Low 1 Low 25 13 Moderate 25 15 Above Moderate Total 50 29 Conservation Very Low 76'* 76 Low 82*'* 82 Moderate 37*** 37 Above Moderate Total 195 195 aucummu vuJccuve ouu yluaicoa im ncv wuauu—II i all 1998-2005, per the previous RHNA cycle "46 SecBon 8 units +30 senior apaftments (The Seasons) A-6 Draft I November2013 Diamond Bar 2013-2021 Housing Element Appendix B - Residential Land Inventory Appendix B Residential Land Inventory Overview The assumptions and methodology for the residential land inventory are provided below and summarized in Table B-1. Methodology for Income Category and Realistic Capacity of Vacant Sites Table B-1 summarizes suitable sites for residential development. These parcels, shown on Figure B-1, can accommodate a total of 1,291 dwelling units. Based on the default density provisions of state lawt0, sites designated RH-30 that allow multi -family development at 30 units/acre were assigned to the lower income category, while sites allowing multi -family development at a density of 16-20 units/acre were assigned to the moderate income category. Sites allowing single-family or multi -family residential development at less than 16 units/acre were assigned to the above -moderate income category. Potential to Accommodate the RHNA As noted in Chapter Il, the City's RHNA allocation for the 2014-2021 projection period is as follows: Lower-income units - 490 units Moderate -income units -190 units Above -moderate units - 466 units As shown in Table B-1, the capacity of vacant and underutilized sites is sufficient to accommodate the City's need in all income categories. The City's lower-income need is satisfied by the parcel in Tres Hermanos that was rezoned during the 4th planning cycle (shown as Site A in Figure B-2). The rezoned site encompasses approximately 30 acres of which approximately 16.5 acres is designated for development at a density of 30 units/acre. An EIR was certified for the zone change and development is permitted by -right. 10 Government Code Sec. 65583.2(c) (3) (B) (iv) B -t Draft I November zu is ' � r` �� Z � � �` � �j _.r®I11 - � .a of ,,2 i R1 �, r.. % � � ,'a ,ry e t _ �1 r9. pJ t5 kLti,— � Ilse Y� �+2 �. ,�' �� t^1'Sn iy _ � �y.�1.. ..�, �� .d A 4 �.1 J V' �' $ � ' ®; I - , ,� L y�,;w.�� vJf s.r :� .. -.. e M m m co N� N� aN0 th N � h O y or9 n 0 �U� a qC O.0 O j O N O OA V O H N v E v m m a $ of d ¢ .� O u % L t0 Q N c m � o a•1 a � d o N U v 7a -Uj =ofW9of �n�9 mm co 'U. c 0 0 n v b U v o a o 0 c' U n r m o c m o to U U U c= a v,g ' N m o o 0 E ommo o 4 O O O O Q (E2 J O ze; O O 0 0 0 O O 4 O N O O O N O 0 0 0 d, c �p C C a a a n `m fO A cj N E A O cj I� N I� r NtO m c c c r r »>wwwmm�o IO+ o� mamm>Lm m m rn o a s w E _S a O O O g T O O aL tEEE.°.3�m rn m mE �'�m m oNc '> L L L _" C w '� O -p a A v E E E ? m E 60 ��j� o 15 � v o • m>V5 D o m 0U 0 w}t wH- nm N y M m Diamond Bar 2013-2021 Housing Element Appendix B - Residential Land Inventory Figure B-2 -Tres Hermanos Site Housing Site "A" i \\� Housing Site R' Study Area Boundary Parcels N r w, r: s o eoB 1,WD v Feet .-t rLJ.eiFiLdL1�=�:��. 1 w B-4 Draft I November 2013 Diamond Bar 2013-2021 Housing Element Appendix C - Public Participation Summary Appendix C Public Participation Summary This summary of Housing Element public -participation efforts describes opportunities for public involvement along with an explanation of how public comments were incorporated into the Housing Element. In addition, prior to the adoption hearings all interested parties were given the opportunity to review the recommended revisions. Public participation is an important component of the planning process, and this update to the Housing Element has provided residents and other interested parties numerous opportunities for review and comment. Public notices of all Housing Element meetings and public hearings were published in the local newspaper in advance of each meeting, as well as posting the notices on the City's website. The draft Housing Element was made available for review at City Hall, posted on the City's website, as well as at the Public Library. The document was also made available to housing advocates and non-profit organizations representing the interests of lower- income persons and special needs groups. After receiving comments on the draft Housing Element from the State Housing and Community Development Department, 'a proposed final Housing Element was prepared and made available for public review prior to adoption by the City Council. The following is a list of opportunities for public involvement in the preparation of this Housing Element update. Public Workshop November 7, 2013 Planning Commission hearing November 26, 2013 City Council adoption hearing TBD A list of interested parties that were notified of meetings is provided in Table C-1 and a summary of comments is provided in Table C-2. C-1 Draft I November2013 Diamond Bar 2013-2021 Housing Element Appendix C — Public Participation Summary Table C-1 Public Notice List Southern California Association of Non National Community Renaissance LINC Housing Corporation Profit Housing Attn: John Seymour 110 Pine Ave., Suite 500 501 Shatto Place, Suite 403 4322 Piedmont Drive Long Beach, CA 90802 Los Angeles, CA 90020 San Diego, CA 92107 C & C Development City Ventures Jamboree Housing Corp. Attn: Barry Cottle Attn: Bill McReynolds Laura Archuleta 14211 Yorba Street, Suite 200 2850 Red Hill Avenue, Suite 200 17701 Cowan Avenue, Suite 200 Tustin, CA 92870 Santa Ana, CA 92705 Irvine, CA 92614 The Related Companies of California Abode Communities Meta Housing Frank Cardona 701 East 3rd Street, Suite 400 1640 S Sepulveda Blvd. 18201 Von Karmen Ave Ste 900 Los Angeles, California 90013 Los Angeles, CA 90025 Irvine, CA 92612 SOCAL Housing Development Corp Mercy Housing 9065 Haven Ave 1500 South Grand Ave„ Suite 100 Rancho Cucamonga, CA 91730 Los Angeles, California 90015 City of Yorba Linda Attn: Steve Harris City of Chino Hills Community Development Director City of Pomona 4845 Casa Loma Avenue Yorba Linda, CA 92885 City of Brea Attn: Eric Nicoll Community Development Director City of Walnut 1 Civic Center Circle Brea, CA 92821 C-2 Draft I November2013 Diamond Bar 2013-2021 Housing Element Appendix C — Public Participation Summary Table C-2 Summary of Public Comments Comment How did SCAG determine the City's RHNA allocation? Response The RHNA allocations are based on the regional growth forecast and each city's income distribution. The RHNA methodology adjusts income distributions to avoid ovemoncentration of lower-income households. Could Diamond Bar's RHNA allocation be higher in the next Housing Element cycle? The RHNA process for the 6th Housing Element cycle (2021 - 2029) will likely begin in 2017-2018 with an update to the regional growth forecast. It would be speculative to try and assess Diamond Bar's expected RHNA at that time. C-3 Draft I November2013 Diamond Bar 2013-2021 Housing Element Appendix C - Public Participation Summary This page intentionally left blank. 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IL NQ N 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 November 26, 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 November 21, 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 November 21, 2013, at Diamond Bar, California. Community Deve CD VstelIa\affidavitposting.doc ment Kashyap,Vinod S From: Kashyap,Vinod S Sent: Wednesday, November 06, 2013 3:16 PM To: ash@akdconsulting.com', 'Jack Shah' Subject: Court of Appeal Rules on Lead Agencies' Ability to Delegate CEQA Decision -Making Authority I Legal Alerts I Best Best & Krieger http'//www bbklaw com/?t=40&an=25796&format=xml I thought that you guys may be interested in reading this court ruling. Kashyap,Vinodl S From: Ash <ash@akdconsulting.com> Sent: Wednesday, November 06, 2013 3:32 PM To: Kashyap,Vinod S; 'Jack Shah' Subject: RE: Court of Appeal Rules on Lead Agencies' Ability to Delegate CEQA Decision -Making Authority I Legal Alerts I Best Best & Krieger Attachments: Improper Delegation of Authority.pdf Thanks. Please see highlights attached, the ruling is on improper delegation of authority. Ash Dhingra AKD Consulting 909.224.3160 ---= Original Message ---- From: Kashyap,Vinod S [maiito:vkashyap@mwdh2o.coml Sent: Wednesday, November 06, 2013 3:16 PM To: 'ash@akdconsulting.com'; 'lack Shah' Subject: Court of Appeal Rules on Lead Agencies' Ability to Delegate CEQA Decision -Making Authority I Legal Alerts Best Best & Krieger http://www.bbklaw.com/?t=40&an=25796&format=xml I thought that you guys may be interested in reading this court ruling. This communication, together with any attachments or embedded links, is for the sole use of the intended recipient(s) and may contain information that is confidential or legally protected. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by return e-mail message and delete the original and all copies of the communication, along with any attachments or embedded links, from your system. Court of Appeal Rules on lead Agencies' Ability to Delegate CEQA Decision -Making A... Page 1 of 2 LEAD AGENCIES' ABILITY TO DELEGATE CEQA DECISION- MAKING AUTHORITY LEGAL ALERTS Government Bodies That Lack Authority to Approve Project Also Lack Authority to Certify Environmental Documents NOVEMBER 4, 2013 - :Certifying an environmentalimpact report (EIR) for San Jose's general plan was not ia'task properly delegated• to the city's planning commissions a state appellate court ,rated last week. The decision, published last Wednesday by the Court of Appeal for the Sixth District, demonstrates that a government body lacking the authority to approve or disapprove a project also lacks the authority to certify or adopt environmental documents under the California Environmental Quality Act (CEQA). In California Cleat Energy Committee v. City of San Jose, the city's non -elected planning commission certified an EIR for San Jose's general plan, and recommended that the City Council later take action to approve the plan itself. The court consideredwhether the City Council had property delegated the taskof certifying the EIR to the planning commission.. The court found that-CEQA does not require that an EIR be certified by the lead agency's elected officials and allows lead agencies to delegate that task to a non -elected decision-making body. Under CEQA, the court said, a "decision-making body" is "any person or group of people within a public agency permitted by law to approve or disapprove the project at issue." Thus, the court held that CEQA allows a city council to delegate .thecertification ofElRs 4o non -elected` decision-making bodies if the subordinate body also has been delegated authority to approve or disapprove (i.e., make a,decision upon, as opposed to making a recommendation on) the project in question. Additionally,. any decision made by the non -elected body must be appealable to, the agency's elected decision - makers. In this case, the court found that San Jose's municipal code did not give the planting commission the authority to take action on the general plan. Hence, the court concluded that the planning commission was not a "decision-making body" within the meaning of CEQA. Accordingly, the court ruled that the planning commission's certification of the EIR was improper. 1 If you have any questions about this case or how it might impact your agency, please contact the authors of this alert listed at right or any attorney in Best Best & Krieger LLP`s Environmental Law & Natural Resources practice group. ATTORNEYS 11iffM Charity B. Schiller Partner (951) 826-8223 Alisha M WmterswykT Associate (949).263 6565 _. RELATED PRACTICE Business Services CEQA - Climate Change and Energy Supply Education Law Environmental Law & Natural Resources Municipal Law Special Districts http://www.bbklaw.coin/?t-40&an-25796&format=xml 11/6/2013 Kashyap,Vinod S From: Jack Shah <jackshah@verizon.net> Sent: Thursday, November 07, 2013 7:56 AM To: ash@akdconsulting.com; Kashyap,Vinod S Subject: RE: Court of Appeal Rules on Lead Agencies' Ability to Delegate CEQA Decision -Making Authority I Legal Alerts I Best Best & Krieger Thanks. Jagdish (Jack) Shah, A.I.A., M.S. (Civil) ARCHENG - PM ASSOCIATES Consulting Architect 22900 Estoril Drive, Unit 5 Diamond Bar,, CA 91765-4490 1-909-816-1424 (Cell) iackshahC@verizon.net Planning Commissioner, City of Diamond Bar, CA Advisor, Sunshine Seniors Association Member- Sankara Eye Foundation, So. Cal. -----Original Message ----- From: Ash [mailto:ash@akdconsulting.com] Sent: Wednesday, November 06, 2013 3:32 PM To:'Kashyap,Vinod S'; 'Jack Shah' Subject: RE: Court of Appeal Rules on Lead Agencies' Ability to Delegate CEQA Decision -Making Authority I Legal Alerts Best Best & Krieger Thanks. Please see highlights attached, the ruling is on improper delegation of authority. Ash Dhingra'. AKD Consulting 909.224.3160 -----Original Message ----- From: Kashyap,Vinod S [mailto:vkashyap@mwdh2o.coml Sent: Wednesday, November 06, 2013 3:16 PM To: 'ash@akdconsulting.com'; 'Jack Shah' Subject: Court of Appeal Rules on Lead Agencies' Ability to Delegate CEQA Decision -Making Authority I Legal Alerts Best Best & Krieger http://www.bbklaw.com/?t=40&an=25796&format=xml I thought that you guys may be interested in reading this court ruling. This communication, together with any attachments or embedded links, is for the sole use of the intended recipient(s) and may contain information that is confidential or legally protected, If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is strictly Court of Appeal Rules on Lead Agencies' Ability to Delegate CGQA Decision -Making A... Page I of I "py�Yy9Qra /w(�� f np� � r�gp' � ° �pp'g!'gQ�gqq'q�p1 � F II.R�I iIR_Tl ?..Z.,l�� '4.l_�..Je. l.^.d. OXi':�.J9.SS.'+!'l.5— LEGALALERTS (iovernrnerlt Bodies That l LIIIIO ity to Approve; Project Also kac:k Authority to Certify F.nvilonmeI1WJ DOGI-latents NOVEA-1131,R L 2013 ons ing an cm ironmenml impact report (Elle) for An guar_ acncrol phut eva, sol a n„k properly Cie-legatcd to the 6Qy planning coo u a is,irII ,ate appcHaw court ruled lea week T'hu decision, poll lished hist AVdncxclor by the Court ul Appoul for Lite- SrvdI Dikicl. denumsUav, that It govomrocnl Lotti 1;1,1JI19 Lite amhorih to :glprove or disappimc It project also Incl,, lite autltotde to ca't'tile of iidopi e-ncironm�ntul ,loaimuus widor flICCIIliJ0CIo0 zl,ci I( LOA). In'( lhIo.-mo ( IeOn Crrer;. CnamtGrer I (Ill "/l (In )"Sc._ the cin`:, nm cICCLOd plonnil Commission ocrtilicd no LIR r :ran lose'Iencrul Pan'. and )eunnauvtded ghat Inc I uv (oonul Luer talo onion to appose Liu plan 11 eCiE'I'he coat considered evhclher the Cite Cotntcil had properly dilegavd the task of cud the Gilt m the planning commission, lite i om1 fount thus CP(,?A does nog rcgoirc that an I'M he uldl'icd by III,-, lcld ogClIm sclecled okhcials and -dlEms lord agencies to delcg_Itte that task to a non-dcaled dundoamalaae- budv. Under C'Iit1A, the court laic. o ",ICCiF1011-making body" k `any parson m eronp of paaple ,vithin a public agency permith:d hq law to approve m disupp me litc putjrcl m 1, ue 'hhus. the Court held that 11 --QA allows a city council bt delegate the eCldGconou of E.DCs to non -elected deci.vion-making bodies if the sohonlinote hvch IISO hu: homt dolcgated anolita h- Io approve or di.snphrove 6-e- nu&e a decision upon, as opposed to making a lecon'imcndation oo) the prnjecl in Lino c i. Addilionalh-. any decision made b) the non-vla ml body must be oppeolabkr to the a :uu \ s alrcted decivon- maksrs. In ib& cess- the c-ourl t1111111I Ihar San Jose s municipal coda Ad nut "m the planning commission the uuthnrit) to Eder action on the aC"Clal plan. IImcc. lite court concluded ghat the plauninp commission was not a `dua.'Jou-Making body" tcithill Lim nusming ok('I;OA ;Accordingly. the unrl soled that Ute planning commission's ccrlilication ol'the IAP was impropar. If you have any questions MMU this gala or hole• it miohl impact your agoucy_ ph:esC. contact uw aun=t; of this ami listed at right w any mtnmec in Best Bat & Kily'i I.I..P S line -i ronloultal Law s@ Nalnral p" m n t", plmctl: c t -tromp. ATTORNEYS YS a. 1. hdnq l SChOIL r T Farina ty5 n MCA CA Mishn M9 M/rola v,yk �a t \wocitfc VAU) 2650565 REl-A7'ED PRACTICE: 8mtiays.>l..ni.r image Chance mid Cnafgl Su{tply uduaawn 1.Im . . Huaiiunrnentel Lav, & id;nural Rcauiirt�s Municipal Luo Special Dillrias httu://www.bblclaw.cum/?t=40&an=25796&format=Ym1 1 l /22/2013 VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM: SUBJECT: TO: Planning Commission DATE: - SPEAKER I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above 221 Signature Note: This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity to do so, and to ensure correct spelling of names in the Minutes. "After completion, please submit your form to the Planning Commission Secretary. Thank you.