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2021.01.26 Agenda Packet - Special Joint Meeting
´©§¥°d³²¸d©©¸²«d³ªd¸¬©d d ¸½d³¹²§°d¥²¨d°¥²²²«d³±±··³²dd «©²¨¥d ¹©·¨¥½pd¥²¹¥¶½dvzpdvtvud y~wtdd PUBLIC ADVISORY: 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 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 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 cont (909) 839-7010 within 72 hours of the meeting. Written materials distributed to the City Council within 72 hours of the City Council meeting are 21810 Copley Dr., Diamond Bar, California, during normal business hours. JANUARY 26, 2021PAGE 2 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. 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 3.1 JOINT MEETING of the CITY COUNCIL and PLANNING COMMISSION MEETING DATE: January 26, 2021 SUBJECT: Diamond Bar 2021-2029 Housing Element Update Workshop #1 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. 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 variety of housing for all economic segments of the community. SCAG sets the RHNA allocations for all cities and counties within its jurisdiction Housing Element Update 2021-2029 Workshop #1 | January 26, 2021 Page 1 of 3 Packet Pg. 3 3.1 distributed among income categories as follows: Above Very Low Low Moderate 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 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. 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 . 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. Housing Element Update 2021-2029 Workshop #1 | January 26, 2021 Page 2 of 3 Packet Pg. 4 3.1 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 Housing Element Update 2021-2029 Workshop #1 | January 26, 2021 Page 3 of 3 Packet Pg. 5 3.1.a 2021 Housing Element FAQ Ɏ 1. What is a Housing Element? 1 State law requires each city to adopt a comprehensive, long-term General Plan for its physical development 2 topics. The Diamond Bar General Plan 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 3 Housing 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 The City is currently preparing a Housing Element update for the 2021 to 2029 planning period, which is th referred to as the 6 Housing Element cycle in reference to the six required updates that have occurred since the comprehensive revision to State Housing Element law in 1980. 4 State law 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. July 2020 Page 1 Packet Pg. 6 3.1.a Ɏ 2021 Housing Element FAQ Ɏ 2. What is Housing Element 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 5 findings regarding the elemen compliance with the law. When HCD issues a letter finding that the Housing Element is in substantial compliance with State law it is referred Housing Element certification is important for two main reasons: Local control. The General Plan and its various elements provide the foundation 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 6 that the Housing Element complies with State Recent laws also allow for courts to impose fines on a jurisdiction if it fails to adopt a Housing Element in 7 compliance with State law. 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 Ci 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 regionds for persons and families of all income levels; and 2) how City land use regulations accommodate the special housing needs of those with disabilities or other difficulties. 8 Accommodating Regional Housing Needs. Under State law 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 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 July 2020 Page 2 Packet Pg. 7 3.1.a Ɏ 2021 Housing Element FAQ Ɏ housing needs is determined (see #5 below). 9 Housing for Persons with Special Needs. Under State law 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. By definition, housing is utilities, is no more than 30% five income categories, which are based on county median income as shown in Table 1. Table 1. Household Income Categories % of county Income Category 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 L os Angeles County Maximum Maximum Maximum Affordable Affordable Price Income Category Income Rent (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) July 2020 Page 3 Packet Pg. 8 3.1.a Ɏ 2021 Housing Element FAQ Ɏ 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 RHNA is the process 10 established in State law 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 and Ventura counties. The total housing need for the SCAG region is distributed to cities 11 and counties by SCAG based upon objectives and criteria established in State law. In 2019 HCD determined that the total new housing need for the entire SCAG region in th the 6 Housing Element cycle is 1,341,827 units. SCAG is currently finalizing the RHNA th plan for the 6 cycle, which must fully allocate the total RHNA to jurisdictions in the SCAG 12 region. SCAG expects to adopt the final RHNA plan by February 2021. The RHNA also distributes total housing need into four income categories (the extremely-low and very-low categories are combined for RHNA purposes). th preliminary 6 cycle RHNA allocation by income category is shown in Table 3. th Table 3. Draft 6 RHNA by Income Category Diamond Bar Extremely Low Above + Very Low Low Moderate 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 July 2020 Page 4 Packet Pg. 9 3.1.a Ɏ 2021 Housing Element FAQ Ɏ 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 13 housing development applications that meet specific standards. 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 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 consistent with City regulations. This evaluation analysis 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. 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 th than the draft 6 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) July 2020 Page 5 Packet Pg. 10 3.1.a Ɏ 2021 Housing Element FAQ Ɏ 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 14 units (ADUs) can also help to address this need. Various governmental programs provide funding assistance for affordable housing, but if a city 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? th 6 cycle RHNA allocation for the entire 6-county region is 1,341,827 units thth compared to 412,137 units in the 5 cycle. There are two main reasons why the 6 RHNA th allocation is so much higher than the 5 cycle. th First, the 5 cycle RHNA allocation was established in 2012 while the severe economic th discouraging growth. As a result, the 5 RHNA was th cycle (2006-2013) RHNA allocation was approximately 700,000 housing units. th Second, for the 6 cycle the State made a major modification to the process for determining RHNA allocations. In prior RHNA cycles, total housing need was based only th on projected population growth. However, for the 6 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 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) July 2020 Page 6 Packet Pg. 11 3.1.a Ɏ 2021 Housing Element FAQ Ɏ th The total 6 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 th RHNA cycles) the total need would be similar to the 4 cycle RHNA. With regard to jurisdictional RHNA allocations, the methodology adopted by SCAG for the th 6 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. thth cycle was 1,146 units; therefore, the draft 6 cycle allocation of 2,514 u thth total 6 RHNA allocation is 3.3 times the 5 cycle total. . . . July 2020 Page 7 Packet Pg. 12 3.1.b City of Diamond Bar Housing Element2021-2029 Study Session January 26, 2021 Packet Pg. 13 3.1.b Diamond Bar General Plan Land Use & Economic Development Community Character & Placemaking Circulation Resource Conservation Public Facilities & Services Public Safety Community Health & Sustainability Packet Pg. 14 Housing 3.1.b 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 Packet Pg. 15 3.1.b 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 Packet Pg. 16 3.1.b Housing for Persons with Special Needs Regional Housing Needs Assessment (RHNA) Packet Pg. 17 3.1.b Persons with special needs Elderly Large families (5+) Persons with disabilities Homeless Female-headed households Farmworkers Packet Pg. 18 3.1.b Mandated by State law & prepared by SCAG Each city must accommodate its assigned share of Housing for all economic segments Linked to available sites with appropriate zoning Packet Pg. 19 3.1.b LA County Median IncomeAffordable Affordable RentPrice (est.) Income = $77,300Limits 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 >$123,600>$3,090>$375,000 Above Mod (>120%) Packet Pg. 20 3.1.b th 6Planning Cycle (2021-2029) SCAG region:1,341,827 units Los Angeles County:813,082 units Diamond Bar:2,516 units Packet Pg. 21 3.1.b thth 5cycle6cycle Diamond Bar1,1462,516 SCAG Region412,1371,341,827 Packet Pg. 22 3.1.b Diamond Bar (2021-2029) Income CategoryUnits Very low842 Low433 Moderate436 Above mod805 Total2,516 Packet Pg. 23 3.1.b Planning target, nota construction quota Sites inventory must accommodatethe 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 Packet Pg. 24 3.1.b Sites to Accommodate the RHNA General Plan Focus Areas: Neighborhood Mixed Use Transit-Oriented Mixed Use Town Center Mixed Use Packet Pg. 25 3.1.b 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 Packet Pg. 26 3.1.b State Legislature has delegated authority to HCD to review Attorney General or other affected party may file a lawsuit challenging the Housing Element zoning changes and freeze building permits HCD certification supports the legal validity of the Housing Element and General Plan Packet Pg. 27 3.1.b 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 Packet Pg. 28 3.1.b 1.Receive public comments 2.Provide feedback and direction to staff to facilitate the preparation of the Draft 2021-2029 Housing Element Update. Packet Pg. 29 3.1.b For more information: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźğƒƚƓķĬğƩĭğ͵ŭƚǝΉВЏЌΉIƚǒƭźƓŭΏ9ƌĻƒĻƓƷΏ ƦķğƷĻ Questions & comments? Packet Pg. 30