HomeMy WebLinkAbout01/26/2021 Joint CC-PC HEWritten materials distributed to the City Council within 72 hours of the City Council meeting are
available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley
Dr., Diamond Bar, California, during normal business hours.
Special Joint Meeting of the
City Council and Planning Commission
Agenda
Tuesday, January 26, 2021
5:30 PM
PUBLIC ADVISORY:
Consistent with the Governor’s latest Executive Order to Stay at Home, avoid gatherings and
maintain social distancing, the regular meeting portion of the agenda will be conducted
telephonically and Members of the City Council, Planning Commission and staf f will be
participating via Teleconference. There will be no physical meeting location for the regular
meeting.
How to Observe the Meeting:
To maximize public safety while still maintaining transparency and public access, members of
the public can observe the meeting by calling +1 (562) 247-8422, Attendee Access Code: 764-
910-401 or by visiting https://attendee.gotowebinar.com/register/1437393062983282958 .
How to Submit Public Comment:
Members of the public may provide public comment by sending written comments to the City
Clerk by email at cityclerk@DiamondBarCA.gov by 5:30 p.m. on the day of the meeting. Please
indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to
the Council Members and read into the record at the meeting, up to a maximum of five
minutes.
Alternatively, public comment may be submitted by logging onto the meeting through this link:
https://attendee.gotowebinar.com/register/1437393062983282958. Members of the public
will be called upon one at a time during the Public Comment portion of the agenda, and will be
asked to state their name and agenda item they wish to comment on. Speakers are limited to
five minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if
you need special assistance to participate in the meeting, please contact the City Clerk’s Office
(909) 839-7010 within 72 hours of the meeting.
JANUARY 26, 2021 PAGE 2
CITY OF DIAMOND BAR
SPECIAL MEETING OF THE CITY COUNCIL
AND PLANNING COMMISSION
WINDMILL COMMUNITY ROOM
21810 COPLEY DRIVE
January 26, 2021
CALL TO ORDER: 5:30 p.m.
1. ROLL CALL: Council Members: Andrew Chou, Stan Liu, Steve Tye,
Mayor
Pro Tem Ruth M. Low, Mayor Nancy A. Lyons
Commissioners: Naila Barlas, Mahendra Garg, Raymond
Wolfe, Vice Chair William Rawlings, Chair Mok
2. 2021-2029 HOUSING ELEMENT UPDATE WORKSHOP
Recommended Actions:
• Receive the staff presentation
• Receive public comments
• Provide feedback and direction to staff to facilitate the preparation of the Draft
2021-2029 Housing Element Update
Requested By: Community Development Department
3. ADJOURNMENT
Consistent with the Governor’s latest Executive Order to Stay at Home, avoid gatherings and
maintain social distancing, the regular meeting portion of the agenda will be conducted
telephonically and Members of the City Council, Planning Commission and staff will be
participating via Teleconference. There will be no physical meeting location.
JOINT MEETING of the
CITY COUNCIL and
PLANNING COMMISSION
MEETING DATE: January 26, 2021
SUBJECT: Diamond Bar 2021-2029 Housing Element Update
Workshop #1
Housing Element Update 2021-2029 Workshop #1 | January 26, 2021 Page 1 of 3
SUMMARY:
State law requires every California city to adopt a comprehensive, long-range General
Plan that includes the following mandatory components, or elements:
• Land Use
• Circulation
• Conservation
• Noise
• Open Space
• Safety
• Housing
• Environmental Justice
In 2019, the City Council adopted a comprehensive update to the Diamond Bar General
Plan. The Housing Element is the one mandatory element of the General Plan that was
not part of the 2019 General Plan Update because housing elements must be updated
on a separate 8-year cycle. The next Housing Element update for Diamond Bar and all
other cities and counties in the Southern California Association of Governments
(SCAG) region covers the 2021 through 2029 planning period. The due date for these
Housing Element updates is October 2021.
The Housing Element includes analyses of the community’s housing needs,
opportunities and constraints, as well as policies and programs to facilitate the
construction, rehabilitation, and preservation of housing for all economic segments of
the community.
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. SCAG sets the RHNA
allocations for all cities and counties within its jurisdiction
3.1
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Housing Element Update 2021-2029 Workshop #1 | January 26, 2021 Page 2 of 3
Diamond Bar’s RHNA allocation for the new planning period is 2,516 housing units,
distributed among income categories as follows:
Very Low Low Moderate
Above
Moderate Total
842 433 436 805 2,516
Accommodating RHNA obligations is often the most challenging aspect of the Housing
Element update process. Although Diamond Bar is not obligated to produce the
housing units set forth in the RHNA, the Housing Element must identify how the City
can accommodate these numbers through its availability of suitably zoned sites.
Process
The Joint City Council/Planning Commission Community Workshop is intended to be a
“Housing Element 101” session to provide a general overview of the Housing Element
update process and requirements, including the RHNA (Regional Housing Needs
Assessment), which, as stated, will likely be the most significant aspect of the Housing
Element update. The workshop will provide an opportunity for the public to learn about
requirements for the Housing Element, including recent State mandates and legislation
that will need to be addressed, and will also solicit public comments regarding housing
needs in Diamond Bar and potential programs to address those needs.
This is the first step in the public engagement process, and will be followed by Planning
Commission and City Council meetings this spring to review the draft Housing Element,
and authorize its submittal to the State Department of Housing and Community
Development (HDC) for review and conditional certification. The HCD review process
typically leads to revisions to the draft document. After HCD provides conditional
certification, the final draft will be presented to the Planning Commission and City
Council for adoption. Staff anticipates scheduling the adoption hearings during mid-
summer of this year.
Additional information regarding the Housing Element update is posted on the City’s
website at https://www.diamondbarca.gov/963/Housing-Element-Update. This website
will be updated with meeting notices and additional information over the coming
months. Interested persons may also submit comments regarding the Housing Element
update to Senior Planner Grace Lee at GLee@DiamondBarCA.Gov.
Attached to this report are Frequently Asked Questions regarding the Housing Element
update, as well as the PowerPoint slides to accompany staff’s workshop presentation .
RECOMMENDED ACTIONS:
1. Receive public comments.
2. Provide feedback and direction to staff to facilitate the preparation of the Draft 2021 -
2029 Housing Element Update.
3.1
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Housing Element Update 2021-2029 Workshop #1 | January 26, 2021 Page 3 of 3
Prepared by:
___________________________ _________________________
Grace Lee Greg Gubman, AICP
Senior Planner Community Development Director
Attachments:
1. 3.1.a Housing Element Frequently Asked Questions
2. 3.1.b PowerPoint Presentation
3.1
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2021 Housing Element FAQ
July 2020 Page 1
1. What is a Housing Element?
State law1 requires each city to adopt a comprehensive, long-term General Plan for its
physical development. General Plans include several “elements” that address various
topics. The Diamond Bar General Plan2 was comprehensively updated in 2019 and includes
the following elements:
• Land Use and Economic Development
• Community Character and Place Making
• Circulation
• Resource Conservation
• Public Facilities and Services
• Public Safety
• Community Health and Sustainability
• Housing3
While most portions of General Plans typically have a time horizon of 20-25 years, State
law requires that the Housing Element be updated in 8-year “cycles.” The City is currently
preparing a Housing Element update for the 2021 to 2029 planning period, which is
referred to as the “6th Housing Element cycle” in reference to the six required updates that
have occurred since the comprehensive revision to State Housing Element law in 1980.
State law4 establishes detailed requirements for Housing Elements, which are summarized
in California Government Code Section 65583:
The housing element shall consist of an identification and analysis of existing and
projected housing needs and a statement of goals, policies, quantified objectives,
financial resources, and scheduled programs for the preservation, improvement, and
development of housing. The housing element shall identify adequate sites for
housing, including rental housing, factory-built housing, mobile homes, and
emergency shelters, and shall make adequate provision for the existing and projected
needs of all economic segments of the community.
1 California Government Code Sec. 65300 et seq.
2 http://www.diamondbargp.com/
3 The Housing Element was last updated in 2014 and was not part of the 2019 General Plan update
4 California Government Code Sec. 65580 et seq.
3.1.a
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2021 Housing Element
FAQ
July 2020 Page 2
2. What is Housing Element “certification” and why is it
important?
The State Legislature has delegated to the California Department of Housing and
Community Development (“HCD”) the authority to review Housing Elements and issue
findings regarding the elements’ compliance with the law.5 When HCD issues a letter
finding that the Housing Element is in substantial compliance with State law it is referred
to as “certification” of the Housing Element.
Housing Element certification is important for two main reasons:
• Local control. The General Plan and its various elements provide the foundation
for the City’s land use plans and development regulations, and the Housing
Element is part of the General Plan. If the City were challenged in court on a
planning or zoning matter and the General Plan were found by the court to be
invalid, the court could order changes to City land use plans or regulations and
assume control over City land use decisions. HCD certification establishes a
“rebuttable presumption of validity”6 that the Housing Element complies with State
law, which would support the City’s legal defense. Recent laws also allow for courts
to impose fines on a jurisdiction if it fails to adopt a Housing Element in
compliance with State law.7
• Eligibility for grant funds. Some State grant funds are contingent upon Housing
Element certification. Grants can help to cover the cost of some projects that would
otherwise rely on the City’s General Fund.
3. What are the most important issues that must be
addressed in the Housing Element?
The major issues that must be addressed in the Housing Element are: 1) how City policies,
plans and regulations help to meet the region’s housing needs for persons and families
of all income levels; and 2) how City land use regulations accommodate the spec ial
housing needs of those with disabilities or other difficulties.
• Accommodating Regional Housing Needs. Under State law8 all cities are required
to plan for additional housing to accommodate population growth and address
existing housing problems such as overcrowding and high housing cost. State law
recognizes that cities generally do not build housing, since that is typically the
role of private and non-profit developers and builders. However, cities are required
to adopt policies, development regulations and standards to encourage a variety
of housing types that are affordable for persons of all income levels, such as rental
apartments and accessory dwelling units (“ADUs”). The Regional Housing Needs
5 California Government Code Sec. 65585
6 California Government Code Sec. 65589.3.
7 AB 101 of 2019
8 California Government Code Sec. 65583
3.1.a
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2021 Housing Element
FAQ
July 2020 Page 3
Assessment (“RHNA”) is the method by which each jurisdiction’s share of new
housing needs is determined (see #5 below).
• Housing for Persons with Special Needs. Under State law9 cities must also ensure
that their plans and regulations encourage the provision of housing for persons
with special needs including:
✓ Reasonable accommodation for persons with disabilities
✓ Transitional housing
✓ Supportive housing
✓ Emergency shelters and other facilities serving the homeless
✓ Large (5+) families
4. What is “affordable” housing?
By definition, housing is considered “affordable” when total housing cost, including
utilities, is no more than 30% of a family’s gross income. State law describes five income
categories, which are based on county median income as shown in Table 1.
Table 1. Household Income Categories
Income Category % of county
median income
Extremely low Up to 30%
Very low 31-50%
Low 51-80%
Moderate 81-120%
Above moderate Over 120%
Source: California Government Code Sec. 65584(f)
Affordable housing costs for all jurisdictions in Los Angeles County are determined based
on these income categories as shown in Table 2. These incomes, rents and housing prices
are based on a 4-person family and are adjusted for different family sizes.
Table 2. Income Categories and Affordable Housing Costs – Los Angeles County
Income Category
Maximum
Income
Maximum
Affordable
Rent
Maximum
Affordable Price
(est.)
Extremely low $33,800 $845 *
Very low $56,300 $1,407 *
Low $90,100 $2,252 *
Moderate $92,750 $2,319 $375,000
Above moderate Over $123,600 Over $3,090 Over $375,000
Assumptions:
-Based on a family of 4 and 2020 State income limits
-30% of gross income for rent or principal, interest, taxes & insurance plus utility allowance
-10% down payment, 3.75% interest, 1.25% taxes & insurance, $300 HOA dues
* For-sale affordable housing is typically at the moderate-income level
Source: Cal. HCD; JHD Planning LLC
9 California Government Code Sec. 65583(a)(5)
3.1.a
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2021 Housing Element
FAQ
July 2020 Page 4
5. What is the “RHNA” why is it important?
Each California city is required to plan for new housing to accommodate a share of
regional needs. The Regional Housing Needs Assessment (“RHNA”) is the process
established in State law10 by which housing needs are determined.
Prior to each planning cycle the total new housing need for each region of California is
determined by HCD based upon economic and demographic trends, existing housing
problems such as overcrowding and overpayment, and additional housing needed to
ensure reasonable vacancy rates and replace units lost due to demolition or natural
disasters.
Diamond Bar is located within the Southern California Association of Governments
(“SCAG”) region, which includes Los Angeles, Orange, Riverside, San Bernardino, Imperial
and Ventura counties. The total housing need for the SCAG region is distributed to cities
and counties by SCAG based upon objectives and criteria established in State law.11
In 2019 HCD determined that the total new housing need for the entire SCAG region in
the 6th Housing Element cycle is 1,341,827 units. SCAG is currently finalizing the RHNA
plan for the 6th cycle, which must fully allocate the total RHNA to jurisdictions in the SCAG
region.12 SCAG expects to adopt the final RHNA plan by February 2021.
The RHNA also distributes each jurisdiction’s total housing need into four income
categories (the extremely-low and very-low categories are combined for RHNA purposes).
Diamond Bar’s preliminary 6th cycle RHNA allocation by income category is shown in Table
3.
Table 3. Draft 6th RHNA by Income Category – Diamond Bar
Extremely Low
+ Very Low Low Moderate
Above
Moderate Total
841 432 435 805 2,514
Source: SCAG, 3/5/2020
10 California Government Code Sec. 65584 et seq.
11 California Government Code Sec. 65584(d)
12 http://www.scag.ca.gov/programs/pages/housing.aspx
3.1.a
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2021 Housing Element
FAQ
July 2020 Page 5
6. Is the RHNA a construction mandate?
The RHNA allocation identifies the amount of additional housing a jurisdiction would need
in order to have enough housing at all price levels to fully accommodate its assigned share
projected growth over the 8-year planning period. The RHNA is a planning requirement
based upon housing need, not a construction quota or mandate. Jurisdictions are not
required to build housing or issue permits to achieve their RHNA allocations, but some
provisions of State law establish specific requirements when housing production falls
short of RHNA allocations. One such requirement is streamlined review and approval of
housing development applications that meet specific standards.13 Other than
requirements for streamlined permit processing, there are currently no legal or financial
penalties imposed on cities for failing to achieve their RHNA allocations.
7. What must cities do to comply with the RHNA?
The Housing Element must provide an evaluation of the city’s capacity for additional
housing based on land use patterns, development regulations, other development
constraints (such as infrastructure availability and environmental conditions) and real
estate market trends. The analysis must be prepared at a parcel-specific level of detail and
identify properties (or “sites”) where additional housing could be built consistent with City
regulations. This evaluation is referred to as the “sites analysis” and State law requires the
analysis to demonstrate that the city has adequate capacity to fully accommodate its RHNA
allocation in each income category. If the sites analysis does not demonstrate that
adequate capacity exists to fully accommodate the RHNA, the Housing Element must
describe what steps will be taken to increase capacity commensurate with the RHNA –
typically through amendments to land use and zoning regulations that could facilitate
additional housing development. Such amendments typically include increasing the
allowable residential density or allowing housing to be built in areas that are currently
restricted to only non-residential land uses.
Diamond Bar’s new General Plan, adopted in December 2019, estimates that up to 3,750
new housing units could be built in the city by 2040, depending on market conditions. It
is expected that much of this growth would occur within the Town Center Mixed Use,
Neighborhood Mixed Use, Transit Oriented Development and Community Core Overlay
focus areas, while most existing residential neighborhoods will experience less growth
and change. While the General Plan identifies potential for significantly more new housing
than the draft 6th RHNA allocation of 2,514 units, the Housing Element must demonstrate
that realistic capacity exists for the amount of new housing in each income category to
be built during the 2021-2029 planning period based on zoning, site conditions and
market trends. This analysis is expected to be the primary focus of the Housing Element
update.
13 California Government Code Sec. 65913.4 (SB 35 of 2017)
3.1.a
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2021 Housing Element
FAQ
July 2020 Page 6
8. Why are cities in high-cost areas expected to have
affordable housing? Low-cost housing is not
economically feasible here due to high land prices.
State housing laws are based on the premise that every city has an obligation to
accommodate a range of housing types for persons at all income levels. Every community
is dependent on a variety of low- and moderate-income workers in jobs such as
landscaping, building maintenance, child and elder care, medical technicians, personal
services, clerical support and retail trade. While the existing housing stock serves the
needs of many residents, market rents and prices are higher than some families can
afford. In addition, low-wage jobs have increased at a much faster rate than affordable
housing is being built.
While cities are not required to build new housing, they must ensure that their land use
regulations encourage a full range of housing types. Rental apartments typically provide
the majority of affordable housing, but other types of housing such as accessory dwelling
units14 (ADUs) can also help to address this need. Various governmental programs provide
funding assistance for affordable housing, but if a city’s development regulations are too
restrictive, affordable housing may be infeasible and the housing needs of the local
workforce will be shifted to other cities.
9. There is very little vacant land suitable for housing
development left in Diamond Bar. Why is the RHNA
allocation so high?
SCAG’s 6th cycle RHNA allocation for the entire 6-county region is 1,341,827 units
compared to 412,137 units in the 5th cycle. There are two main reasons why the 6th RHNA
allocation is so much higher than the 5th cycle.
First, the 5th cycle RHNA allocation was established in 2012 while the severe economic
effects of the “Great Recession” were discouraging growth. As a result, the 5th RHNA was
uncharacteristically low. For comparison, SCAG’s 4th cycle (2006-2013) RHNA allocation
was approximately 700,000 housing units.
Second, for the 6th cycle the State made a major modification to the process for
determining RHNA allocations. In prior RHNA cycles, total housing need was based only
on projected population growth. However, for the 6th RHNA cycle the State added existing
need to the total RHNA calculation. Existing need includes households that are currently
overcrowded (defined as more than one person per room) or are overpaying for housing
(defined as more than 30% of gross income).
14 “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a proposed or existing
primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on
the same parcel as the single-family or multifamily dwelling is or will be situated. (Government Code Sec.
65852.2(j)(1)
3.1.a
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2021 Housing Element
FAQ
July 2020 Page 7
The total 6th cycle RHNA allocation for the SCAG region is comprised of the sum of existing
need and projected need, as follows:
Existing need: 577,422 units
Projected need: 764,405 units
Total need: 1,341,827 units
As seen from this breakdown, if existing need were excluded (as was the case in prior
RHNA cycles) the total need would be similar to the 4th cycle RHNA.
With regard to jurisdictional RHNA allocations, the methodology adopted by SCAG for the
6th cycle places greater emphasis on the proximity of jobs and public transit rather than
vacant developable land. As a result, the urbanized areas of Los Angeles and Orange
counties are assigned much higher housing need as compared to prior cycles even though
they generally have much less vacant land than inland areas.
Diamond Bar’s RHNA allocation in the 5th cycle was 1,146 units; therefore, the draft 6th
cycle allocation of 2,514 units is about 2.2 times the prior cycle. By comparison, SCAG’s
total 6th RHNA allocation is 3.3 times the 5th cycle total.
. . .
3.1.a
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City of Diamond Bar
Housing Element 2021-2029
Study Session
January 26, 2021
3.1.b
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Overview
Diamond Bar General
Plan
➢Land Use & Economic
Development
➢Community Character &
Placemaking
➢Circulation
➢Resource Conservation
➢Public Facilities & Services
➢Public Safety
➢Community Health &
Sustainability
➢Housing
3.1.b
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Overview
•Housing Element has been a required part of the
General Plan since 1969
•Housing Element updates required every 8 years
•2021-2029 update required by State law
•All elements of the General Plan must be consistent
3.1.b
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Housing Element
Guiding Principles
•Maintain & improve existing housing
•Plan for regional growth needs for all
economic segments & housing types
•Minimize constraints to housing of all
types
•Affirmatively further fair housing
3.1.b
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Key Requirements
Housing for Persons with Special Needs
✓Regulations & procedures consistent with fair housing law
Regional Housing Needs Assessment (RHNA)
✓Adequate sites to accommodate assigned need
3.1.b
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Special Needs
Persons with special needs
✓Elderly
✓Large families (5+)
✓Persons with disabilities
✓Homeless
✓Female-headed households
✓Farmworkers
3.1.b
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RHNA
•Mandated by State law & prepared by SCAG
•Each city must accommodate its assigned share of
the region’s new housing need
•Housing for all economic segments
•Linked to available sites with appropriate zoning
3.1.b
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What is Affordable Housing?
LA County Median
Income = $77,300
Income
Limits
Affordable
Rent
Affordable
Price (est.)
Extremely Low (<30%)$33,800 $845 ---
Very Low (31-50%)$56,300 $1,407 ---
Low (51-80%)$90,100 $2,252 ---
Moderate (81-120%)$92,750 $2,319 $375,000
Above Mod (>120%)>$123,600 >$3,090 >$375,000
Assumptions:
Based on a family of 4
30% of gross income for rent or PITI
10% down payment, 4.5% interest, 1.25% taxes & insurance, $300 HOA dues
3.1.b
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RHNA
6th Planning Cycle (2021-2029)
SCAG region:1,341,827 units
Los Angeles County:813,082 units
Diamond Bar:2,516 units
3.1.b
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RHNA
5th cycle 6th cycle
Diamond Bar 1,146 2,516
SCAG Region 412,137 1,341,827
3.1.b
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RHNA
Diamond Bar (2021-2029)
Income
Category Units
Very low 842
Low 433
Moderate 436
Above mod 805
Total 2,516
3.1.b
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RHNA
•Planning target, not a construction quota
•Sites inventory must accommodate the RHNA,
with focus on lower-income need
•Lower-income need can be accommodated
through:
✓Multi-family residential zoning (30+ units/acre)
✓Mixed-use zoning
✓Accessory dwelling units (ADUs)
•If sites inventory does not accommodate the
RHNA, rezoning is required
3.1.b
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RHNA
Sites to Accommodate the RHNA
•General Plan Focus Areas:
✓Neighborhood Mixed Use
✓Transit-Oriented Mixed Use
✓Town Center Mixed Use
3.1.b
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Importance of the
Housing Element
•General Plan is the foundation for City land use
regulations
•Housing Element is a required part of the General
Plan
•All General Plan elements must be consistent
•Housing policy = land use policy
3.1.b
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Importance of
Certification
•State Legislature has delegated authority to HCD to review
Housing Elements for compliance (“certification”)
•Attorney General or other affected party may file a lawsuit
challenging the Housing Element
•Courts may impose fines, award attorney’s fees, order
zoning changes and freeze building permits
•HCD certification supports the legal validity of the Housing
Element and General Plan
3.1.b
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Next Steps
•Prepare draft Housing Element
•HCD review (draft Housing Element)
•Planning Commission review & recommendation
•City Council review & adoption (Due 10/15/2021)
•HCD review (adopted Housing Element)
•Program implementation & monitoring
3.1.b
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Staff Recommendations
1.Receive public comments
2.Provide feedback and direction to staff to facilitate the preparation of the Draft 2021-2029 Housing Element Update.
3.1.b
Packet Pg. 29
For more information:
https://www.diamondbarca.gov/963/Housing-Element-Update
Questions & comments?
3.1.b
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