HomeMy WebLinkAbout06/08/2021PLANNING COMMISSION
AGENDA
______________________________________________
June 8, 2021
6:30 PM
Diamond Bar City Hall – Windmill Community Room
21810 Copley Drive, Diamond Bar, CA 91765
PUBLIC ADVISORY:
Consistent to the Governor’s Executive Order, members of the public are encouraged to participate and
address the Planning Commission during the public comment portion of the meeting via teleconference.
Members of the Planning Commission and limited staff may be physically present for this meeting. Public
seating is very limited at this time due to distancing requirements and is on a first-come, first-serve basis. If
you would like to attend the meeting in person, please note that face coverings are required to be worn at all
times and social distancing maintained at all times while in the building. COVID-19 safety screening
procedures will be in place requiring the completion of a questionnaire and temperature check prior to entering
the room.
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How to Observe the Meeting from Home:
Members of the public can observe the meeting by calling 1 (562) 247 -8422 , Access Code: 442-034-091
or visiting https://attendee.gotowebinar.com /register/1944089805448082446
How to Submit Public Comment:
Members of the public may provide public comment by sending written comments to the Minutes Secretary by
email at Planning@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 Planning Commission
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/1944089805448082446 . Members of the public will be called
upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per
agenda item, unless the Chairperson determines otherwise.
Accommodations for Persons with Disabilities:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need
special assistance to participate in the Planning Commission Meeting, please contact the Community
Development Department at (909) 839-7030 within 72 hours of the meeting. Commission recordings will be
available upon request the day following the Planning Commission Meeting.
CHAIRPERSON WILLIAM RAWLINGS
VICE CHAIRPERSON MAHENDRA GARG
COMMISSIONER NAILA BARLAS
COMMISSIONER KENNETH MOK
COMMISSIONER RAYMOND WOLFE
City of Diamond Bar
Planning Commission
MEETING RULES
PUBLIC INPUT
Members of the public may address the Planning Commission on any item of business on the
agenda during the time the item is taken up by the Planning Commission. In addition, members
of the public may, during the Public Comment period address the Planning Commission on any
Consent Calendar item or any matter not on the agenda and within the Planning Commission’s
subject matter jurisdiction. Any material to be submitted to the Planning Commission at the
meeting should be submitted through the Minutes Secretary.
Speakers are limited to five minutes per agenda item, unless the Chairperson determines
otherwise. The Chairperson may adjust this time limit depending on the number of people
wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other
relevant consideration. Speakers may address the Planning Commission only once on an
agenda item, except during public hearings, when the applicant/appellant may be afforded a
rebuttal.
Public comments must be directed to the Planning Commission. Behavior that disrupts the
orderly conduct of the meeting may result in the speaker being removed from the meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE PLANNING COMMISSION
Agendas for regular Planning Commission meetings are available 72 hours prior to the meeting
and are posted in the City’s regular po sting locations and on the City’s website at
www.diamondbarca.gov. The Planning Commission may take action on any item listed on the
agenda.
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 upon request. If you have questions regarding an agenda
item, please call (909) 839-7030 during regular business hours.
HELPFUL CONTACT INFORMATION
Copies of Agenda, Rules of the Planning Commission, Recordings of Meetings (909) 839-7030
Email: info@diamondbarca.gov
Website: www.diamondbarca.gov
The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the
COVID-19 virus.
CITY OF DIAMOND BAR
PLANNING COMMISSION
June 8, 2021
AGENDA
Next Resolution No. 2021-07
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Naila Barlas, Kenneth Mok,
Raymond Wolfe, Vice Chairperson Mahendra
Garg, Chairperson William Rawlings
2. APPROVAL OF AGENDA: Chairperson
3. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Planning
Commission on consent calendar items or other matters of interest not on the
agenda that are within the subject matter jurisdiction of the council. Although the
Planning Commission values your comments, pursuant to the brown act,
members of the Planning Commission or staff may briefly respond to public
comments if necessary, but no extended discussion and no action on suc h
matters may take place. There is a five -minute maximum time limit when
addressing the Planning Commission. Please complete a speaker card and hand
it to the Minutes Secretary (completion of this form is voluntary). The city will call
on in person speakers first and then teleconference callers, one at a time to give
their name and if there is an agenda item number they wish to speak on before
providing their comment. If you wish to speak on a public hearing item or
Planning Commission consideration item , you will then be called upon to speak
at that point in the agenda.
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 Planning Commission only:
4.1 Minutes of the Planning Commission Meeting – May 25, 2021
5. OLD BUSINESS: None
6. NEW BUSINESS: None
JUNE 8, 2021 PAGE 2 PLANNING COMMISSION
7. PUBLIC HEARINGS:
7.1 Development Code Amendment – Planning Case No. PL2020-61 – Under the
authority of Diamond Bar Municipal Code Section 22.70, the City of Diamond Bar
proposes to amend the following sections of Title 22 of the Diamond Bar
Municipal Code (“Development Code”) in order to comply with recently -enacted
State regulations pertaining to accessory dwelling units (ADUs) and junior
accessory dwelling units (JADUs): 22.08.040, 22.42.110, and 22.42.120.
PROJECT ADDRESS: Citywide
APPLICANT: City of Diamond Bar
ENVIRONMENTAL DETERMINATION: The City has determined that the
proposed Development Code Amendment is not subject to the California
Environmental Quality Act (“CEQA”) pursuant to Public resources Code
Section 21080.17 (CEQA does not apply to the adoption of an ordinance by a
city or county to implement the provisions of Section 65852.2 of the government
Code) and CEQA Guidelines Section 15061(b)(3) (it can be seen with certainty
that there is no possibility that the activity in question may have a significant
effect on the environment) and because the proposed Development Code
Amendments pertain to the regulation of activities that are themselve s,
categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the
CEQA Guidelines, Therefore, no further environmental review is required.
RECOMMENDATION: Staff recommends that the Planning Commission adopt a
Resolution recommending approval of Development Code Amendment (Planning
Case No. PL2020-61) to the City Council.
8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
9. STAFF COMMENTS / INFORMATIONAL ITEMS:
10. SCHEDULE OF FUTURE EVENTS:
CITY COUNCIL MEETING: Tuesday, June 15, 2021, 6:30 pm
PLANNING COMMISSION MEETING: Tuesday, June 22, 2021, 6:30 pm
FOURTH OF JULY HOLIDAY: Monday, July 5, 2021
In observance of the holiday, city offices
will be closed. City offices will re-open on
Tuesday, July 6, 2021
CITY COUNCIL MEETING: Tuesday, July 6, 2021, 6:30 pm
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
Thursday, July 8, 2021, 6:30 pm
PLANNING COMMISSION MEETING: Tuesday, July 13, 2021, 6:30 pm
JUNE 8, 2021 PAGE 3 PLANNING COMMISSION
11. ADJOURNMENT:
PARKS AND RECREATION
COMMISSION MEETING:
Thursday, July 22, 2021, 6:30 pm
MINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
MAY 25, 2021
CALL TO ORDER:
Chair/Rawlings called the meeting to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE: Vice Chairman Garg led the Pledge of Allegiance.
1. ROLL CALL: Commissioners: Naila Barlas, Kenneth Mok, Raymond
Wolfe, Vice Chairman Mahendra Garg, Chairman William
Rawlings.
Staff Present : Greg Gubman, Community Development Director; James
Eggart, Assistant City Attorney (telephonically), Grace Lee, Senior Planner; Mayuko
Nakajima, Associate Planner; Joy Tsai, Assistant Planner; Hal Ghafari, Public Works
Manager/Assistant City Engineer (telephonically); 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 Special Joint Meeting with City Council – April 16, 2021.
4.2 Minutes of the Regular Planning Commission Meeting of April 27,
2021.
C/Wolfe moved, C/Mok seconded to approve the Consent Calendar as presented.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg,
Chair/Rawlings
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Barlas (Item 4.2), VC/Garg (Item 4.1)
5. OLD BUSINESS: None
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MAY 25, 2021 PAGE 2 PLANNING COMMISSION
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6. NEW BUSINESS:
6.1 Review of fiscal year 2021-2022 Capital Improvement Program (CIP) -
Conformity with the General Plan.
SP/Lee presented staff’s report.
C/Wolfe encouraged staff to make sure residents in the community understand
that conductors of Union Pacific and Metrolink continue to have the option of
sounding the train horns in a quiet zone.
There were no public comments offered on this item.
C/Mok moved, C/Barlas seconded, to adopt the resolution finding the
proposed Fiscal Year 2021-2022 Capital Improvement Program in
conformance with the City’s General Plan. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg,
Chair/Rawlings
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7. PUBLIC HEARING(S):
7.1 Development Review and Tree Permit Planning Case No. PL2020-49 –
Under the authority of Diamond Bar Municipal Code Section 22.48 and 22.38,
the applicant, Pete Volbeda and property owner, Ken Truong, requested
Development Review approval for the demolition of an existing single family
residence to construct a new 10,652 square foot single family residence, 1,512
square feet of garage and storage areas, and 2,224 square feet of
patio/balcony area on a 0.7 gross acre (29,070 gross square foot) site. A Tree
Permit was requested to remove one protected coast live oak tree and one
California sycamore tree that are in fair/poor health, and replace with six coast
live oak trees on site. The subject property is zoned Rural Residential (RR)
with an underlying General Plan land use designation of Rural Residential.
PROJECT ADDRESS: 2523 Blaze Trail
Diamond Bar, CA 91765
PROPERTY OWNER: Ken Truong
1712 Pass and Covina Road
West Covina, CA 91792
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MAY 25, 2021 PAGE 3 PLANNING COMMISSION
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APPLICANT: Pete Volbeda
164 N. 2nd Avenue, Suite 100
Upland, CA 91786
AP/Nakajima presented staff’s report and recommended that the Planning
Commission adopt a Resolution approving Development Review and Tree
Permit Planning Case No. PL2020 -49, based on the findings of Diamond Bar
Municipal Code (DBMC) Sections 22.48 and 22.38, subject to conditions.
C/Wolfe asked if there were one or two master bedrooms included in the
project. He also asked what the purpose of a second stairway was.
VC/Garg asked if there were special requirements for basements.
AP/Nakajima responded no, unless the basement was intended to be
habitable space. VC/Garg asked staff to explain what fuel modification means.
AP/Nakajima responded that it is a requirement of the LA County Fire
Department to allow only certain types of plants within specific zones of
projects because some plants are more flammable than others, and this
project is in a very high fire zone which requires the owner to comply with
buffering requirements.
Chair/Rawlings opened public comments.
Pete Volbeda, project architect, thanked staff for their assistance on this
project. To C/Wolfe’s question, the lower floor bathroom next to bedroom #3
should be indicated as a third bathroom. For the basement, proper light,
ventilation, and exits are provided for habitable rooms, which is common in
The Country Estates area. Mr. Volbeda further responded to C/Wolfe that a
second entry stairway is provided for everyday use, while the main, or formal,
stairway is primarily a decorative feature .
Nef Cortez (speaking telephonically) commented that it appears this will be a
great project and beautiful home for the owner.
Paul Deibel (speaking telephonically) said in initially looking at the plans for
this project he was concerned about removal of protected trees but now
understands why that is being done.
Chair/Rawlings closed public comments.
C/Wolfe moved, VC/Garg seconded, to adopt the Resolution approving
Development Review and Tree Permit No. PL2020-49, based on the findings
of Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.38, subject to
conditions. Motion carried by the following Roll Call vote:
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MAY 25, 2021 PAGE 4 PLANNING COMMISSION
________________________________________________________________________
AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg,
Chair/Rawlings
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS:
C/Barlas said she was happy to see everyone in person after several months of virtual
meetings.
Chair/Rawlings concurred with C/Barlas and thanked staff for their hard work behind
the scenes.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
CDD/Gubman wished everyone a happy and safe Memorial Day and reported that
there is one item on the June 8th agenda, the Accessory Dwelling Unit (ADU)
Ordinance update to conform to state law.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Rawlings adjourned the regular meeting at 6:58 p.m.
The foregoing minutes are hereby approved this 8th Day of June, 2021.
Attest:
Respectfully Submitted,
_______________________________________
Greg Gubman, Community Development Director
_______________________________
William Rawlings, Chairperson
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PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 7.1
MEETING DATE: June 8, 2021
CASE/FILE NUMBER: Development Code Amendment Pertaining to
Accessory Dwelling Units and Junior Accessory
Dwelling Units - Planning Case No. PL2020-61
PROJECT LOCATION: Citywide
APPLICATION REQUEST:
APPLICANT:
STAFF RECOMMENDATION:
To amend the following sections of Title 22 of the
Diamond Bar Municipal Code (“Development
Code”) to comply with recently-enacted State
regulations pertaining to accessory dwelling units
and junior accessory dwelling units: 22.08.040,
22.42.110, and 22.42.120 (“Development Code
Amendment No. PL2020-61”).
City of Diamond Bar Community Development
Department
Adopt the attached Resolution recommending
the City Council approve Development Code
Amendment No. PL2020-61.
SUMMARY:
The proposed amendments to the Development Code are necessary to enable the City
to regulate accessory dwelling units (ADUs) and junior accessory dwelling units
(JADUs) in a manner consistent with, and to the extent permissible under current State
law.
BACKGROUND:
An ADU is an attached or detached residential dwelling unit that provides complete
independent living facilities for one or more persons, and which is located on the same
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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parcel as the main residence. The unit typically includes permanent provisions for
living, sleeping, eating, cooking, and sanitation.
The California Legislature has long recognized ADUs as a valuable affordable housing
option for single-family neighborhoods, and State law (i.e., Government Code
sections 65852.150 – 65852.2) places certain limitations on the City’s authority to
regulate ADUs. Cities may not completely prohibit ADUs within their jurisdictions, but
State law has historically allowed cities to designate areas where ADUs are appropriate
and to impose reasonable parking, height, setback, lot coverage, size, and other
development standards on ADUs, so long as such requirements are not so arbitrary,
excessive, or burdensome so as to unreasonably restrict the abili ty of homeowners to
create ADUs in zones in which they are authorized. Since 2003, State law has also
required cities to approve ADUs ministerially (i.e., without a hearing).
In 2016, the State Legislature amended Government Code Sections 65852.150 and
65852.2, significantly revising the ADU laws, as set forth in Senate Bill (SB) 1069 and
Assembly Bill (AB) 2299. These laws took effect on January 1, 2017, and were
intended to address the State’s housing shortage by easing development restrictions
that cities and counties may place on ADUs. In May 2017, the City amended its
Development Code pertaining to ADUs to ensure continued consistency with State law,
and to enable the City to regulate ADUs to the extent allowable pursuant to the
amended State law.
At the end of 2019, the Legislature passed several bills (SB 13, AB 881, AB 68(1),
AB 587, AB 670 and AB 671), which placed additional limitations on local agencies’
authority to regulate ADUs. These new laws took effect on January 1, 2020, and are
codified under Government Code Sections 65852.2 and 65852.22. In 2020, the
legislature passed AB 3182 (effective January 1, 2021), which further reduces
regulatory barriers and streamlines approval processes to facilitate the development of
ADUs and JADUs. These bills are codified under Government Code Sections 65852.2,
65852.22, 65852.26, 65583(c)(7); Civil Code Sections 4740 and 4741; and Health and
Safety Code Section 17980.12 (see Attachment B).
To retain local control over the limited scope of land use standards that the latest round
of ADU legislation allows public agencies to regulate, the City must amend the
Development Code to be consistent with the new State laws.
ANALYSIS:
Adoption Process
Before the City Council adopts an ordinance to amend the Development Code, the
Planning Commission must first conduct a public hearing to consider the proposed
amendments. The Commission then forwards its recommendations via a resolution
advising the Council whether or not the proposed amendments should be ado pted.
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Summary of Changes to State ADU Laws
The most noteworthy statewide changes to ADU regulations include, but are not limited
to, the following:
• Jurisdictions can no longer require a minimum lot size for ADUs.
• ADUs may be developed on any lot that is zoned to allow single-family or multifamily
residential uses, provided that a single-family dwelling, duplex, or multifamily
dwelling legally exists or is proposed.
• Two types of ADUs must now be allowed: traditional detached or attached ADUs,
and “junior” ADUs (JADUs). JADUs are created by converting space within an
existing home into a separate living unit with a separate sleeping and kitchen
facilities. JADUs are limited to 500 square feet in size, and may either have a
separate bathroom or may share bathroom facilities with the main house.
• One ADU and one JADU (a total of 3 separate housing units, including the primary
unit) must be allowed on a residential lot, with limited exceptions.
• Jurisdictions may not require a side or rear yard setback that is greater than four feet
for ADUs.
• There are fewer opportunities to regulate the size of the ADU. The maximum size
must be at least 850 square feet for attached and detached studio and one -bedroom
ADUs, and at least 1,000 square feet for two or more bedrooms. In practice, an ADU
might be limited to less than these maximums because of other development
standards, such as lot coverage, may prevail. However, local agencies are
prohibited from imposing development standards that would not allow for an ADU of
up to 800 square feet.
• Owner-occupancy requirements are suspended for ADUs approved between
January 1, 2020, and January 1, 2025. For JADUs, the property owner must reside
in either the main unit or the JADU.
• When ADUs are created through the conversion of a garage, carport or covered
parking structure, replacement of off-street parking spaces cannot be required.
• ADU applications must now be acted upon within 60 days (instead of 120 days) of
receiving a complete application or they shall be deemed approved.
• ADUs or JADUs may be counted toward satisfying Regional Housing Needs
Allocation (RHNA) housing needs.
• Local agencies must submit their ADU ordinances to the California Department of
Housing and Community Development (HCD) within 60 days of adoption. HCD may
submit written findings to an agency as to whether the ordinance complies with State
law. If HCD finds that it does not, the agency is given 30 days to respond before
taking any other action. The agency shall consider HCD’s findings and may either
change the ordinance to comply, or make findings as to why the ordinance complies
despite HCD’s findings. If the agency’s response does not satisfy HCD, HCD can
notify the Attorney General that the agency is in violation of the law.
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• Homeowners associations are prevented from enforcing any CC&Rs or rules that
effectively prohibit or unreasonably restrict the construction or use of an ADU or
JADU.
Proposed Development Code Amendments
Section 22.08.040 (Table 2-4) (Residential zoning district general development
standards) – Note added in the residential development standard table to refer to
Section 22.42.120 for minimum setbacks required for ADUs.
Section 22.42.110 (Residential accessory uses and structures) – Since ADUs are
considered “accessory structures,” a note was added referring to Section 22.42.120 for
ADU and JADU standards.
Section 22.42.120 (Accessory dwelling units)
Repealed in its entirety and replaced with a new section to comply with current State
ADU regulations.
California Department of Housing and Community Development Review
As noted above, after the adoption of an ordinance, HCD reviews and submits written
findings to the local agency as to whether the ordinance complies with Government
Code Section 65852.2 (h)(1). HCD does provide the opportunity for local agencies to
submit a draft of the ordinance for review prior to adoption. Staff provided a copy of the
ordinance to HCD for review, and on April 19, 2021, received a tentative determination
that the ordinance conforms to HCD’s interpretation of State law.
ENVIRONMENTAL REVIEW:
The City has determined that the proposed Development Code Amendment is not
subject to the California Environmental Quality Act (“CEQA”) pursuant to Public
Resources Code Section 21080.17 (CEQA does not apply to the adoption of an
ordinance by a city or county to implement the provisions of Section 65852.2 of the
Government Code) and CEQA Guidelines Section 15061(b)(3) (it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment) and because the proposed Development Code Amendments
pertain to the regulation of activities that are themselves categorically exempt from
CEQA pursuant to Sections 15301 and 15303 of the CEQA Guidelines . Therefore, no
further environmental review is required.
NOTICE OF PUBLIC HEARING:
Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on
May 28, 2021, in a 1/8-page display. Pursuant to Planning and Zoning Law
Government Code Section 65091(a)(4), if the number of property owners to whom a
public hearing notice would be mailed is greater than 1,000, a local agency may provide
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notice by placing a display advertisement of at least 1/8 page in one newspaper of
general circulation. A copy of the public notice was also posted at the City’s designated
community posting sites.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a Resolution recommending
approval of Development Code Amendment (Planning Case No. PL2020-61) to the City
Council.
PREPARED BY:
REVIEWED BY:
Attachments:
A. Draft Planning Commission Resolution No. 2021-XX (Recommending Approval
of Development Code Amendment)
B. Redline/strikeout version of amendments to State ADU law
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PLANNING COMMISSION
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF PROPOSED AMENDMENTS TO TITLE 22 OF THE DIAMOND BAR
MUNICIPAL CODE - PLANNING CASE NO. PL2020-61.
A. RECITALS
1. In compliance with Senate Bill 13, Assembly Bill 881, Assembly Bill 68(1),
Assembly Bill 587, Assembly Bill AB 670, Assembly Bill AB 671, and
Assembly Bill 3182, the City of Diamond Bar proposes to amend Chapter 22
of the Diamond Bar Municipal Code.
2. The purpose of these bills is to address housing needs by easing
development restrictions placed on accessory dwelling units (ADUs) and
junior accessory dwelling units (JADUs).
3. The proposed amendments would affect the areas of the City eligible for
ADUs and JADUs. The amendments include, but are not limited to, revisions
to processing time, development standards, and owner occupancy
requirements.
4. The proposed Development Code Amendment will further the public health,
safety and general welfare. Proposed changes will allow additional housing
opportunities.
5. Pursuant to Government Code Sections 65090, a notice of at least 1/8 page
display was published in the San Gabriel Valley Tribune newspaper on May
28, 2021, and a copy of the public notice was posted at the City’s four
designated community posting sites.
6. The City has determined that the proposed Development Code Amendment
is not subject to the California Environmental Quality Act (“CEQA”) pursuant
to Public Resources Code Section 21080.17 (CEQA does not apply to the
adoption of an ordinance by a city or county to implement the provisions of
Section 65852.2 of the Government Code) and CEQA Guidelines Section
15061(b)(3) (it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment) and
because the proposed Development Code Amendments pertain to the
regulation of activities that are themselves categorically exempt from CEQA
pursuant to Sections 15301 and 15303 of the CEQA Guidelines.
7.1.a
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2 PC Resolution No. 2021-XX
7. On June 8, 2021, the Planning Commission held a duly noticed public
hearing regarding the proposed Development Code Amendment reflected in
the draft ordinance attached hereto as Exhibit “A” and incorporated by
reference into this Resolution, and duly considered all public testimony,
evidence, and staff analysis.
8. The proposed Development Code Amendment is consistent with multiple
objectives and policies in the City of Diamond Bar General Plan.
9. All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council approve Development
Code Amendment Planning Case No. PL2020-61 by adopting the
amendments to Title 22 of the Diamond Bar Development Code described in
the draft ordinance attached hereto as Exhibit “A” and incorporated herein by
reference.
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
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3 PC Resolution No. 2021-XX
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE, 2021 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: ______________________________________
William Rawlings, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 8th day of June, 2021, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: ___________________________
Greg Gubman, Secretary
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1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING SECTIONS 22.08.040 (RESIDENTIAL ZONING DISTRICT
GENERAL DEVELOPMENT STANDARDS), 22.42.110 (RESIDENTIAL
ACCESSORY USES AND STRUCTURES), AND 22.42.120
(ACCESSORY DWELLING UNITS) OF TITLE 22 (DEVELOPMENT
CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ENACT
UPDATED REGULATIONS PERTAINING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN
ACCORDANCE WITH STATE LAW.
WHEREAS, on June 8, 2021, the Planning Commission held a duly noticed public
hearing regarding proposed amendments to the Development Code pertaining to
accessory dwelling units and junior accessory dwelling units, Planning Case No. PL2020-
61, and adopted Resolution No. 2021-XX recommending City Council approval of said
Development Code Amendments; and
WHEREAS, on ________, 2021, the City Council held a duly noticed public
hearing regarding the proposed Municipal Code Amendment; and
WHEREAS, the City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code
Section 21080.17 (CEQA does not apply to the adoption of an ordinance by a city or
county to implement the provisions of Section 65852.2 of the Government Code) and
CEQA Guidelines Section 15061(b)(3) (it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment)
and because the proposed Development Code Amendments pertain to the regulation of
activities that are themselves categorically exempt from CEQA pursuant to Sections
15301 and 15303 of the CEQA Guidelines; and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2021-XX, a copy of which is on file with the City
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full.
NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains
as follows:
SECTION I: Section 22.08.040 (Residential zoning district general development
standards) of Title 22, Chapter 22.08 of the Diamond Bar Municipal Code is hereby
amended to revise Table 2-4 to add a reference pertaining to accessory dwelling units
within the row entitled “Setbacks required” as follows (additions shown in
bold/underline):
Exhibit A 7.1.a
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TABLE 2-4
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS
Requirement by Zoning District
Development
Feature
RR RL RLM RM RMH RH RH-
30
……………………
Setbacks
required
Minimum setbacks
required for structures.
See section 22.16.090
for setback
measurement, allowed
projections into
setbacks, and
exceptions to setbacks.
See section
22.22.080(b)(6) for
setback measurement in
hillside areas. See
section 22.42.120 for
minimum setbacks
required for accessory
dwelling units.
Minimum setbacks required for
structures. See section
22.16.090 for setback
measurement, allowed
projections into setbacks, and
exceptions to setbacks. See
section 22.42.120 for
minimum setbacks required
for accessory dwelling units.
……………………
SECTION II: 22.42.110 (Residential accessory uses and structures) of Title 22,
Chapter 22.42 of the Diamond Bar Municipal Code is hereby amended to add a reference
to accessory dwelling units and junior accessory dwelling units as follows (additions
shown in bold/underline):
Sec. 22.42.110. – Residential accessory uses and structures.
This section provides standards for specific residential accessory uses
and structures allowed in the zoning district applicable to a parcel (see
section 22.08.030, Residential zone land uses and permit requirements).
Residential accessory uses include any use that is customarily related to a
residence, including, but not limited to, garages, greenhouses, storage
sheds, studios, swimming pools/spas and workshops. The standards
applicable to accessory dwelling units and junior accessory dwelling
units are set forth in Section 22.42.120.
. . .
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SECTION III: Section 22.42.120 (Accessory dwelling units) of Title 22, Chapter
22.42 of the Diamond Bar Municipal Code is repealed in its entirety and replaced with
new Section 22.42.120 to read as follows:
Sec. 22.42.120. - Accessory dwelling units and junior accessory
dwelling units.
The purpose of this section is to provide for the creation of accessory
dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a
manner consistent with state law, in order to provide for additional housing
opportunities for development of low- and moderate-income housing for the
community in keeping with the Housing Element of the Diamond Bar
General Plan.
(1) Applicability. Except as otherwise provided by state law, the
standards and limitations set forth in this section apply to the
development of new ADUs and JADUs in the City.
(2) Interpretation. The provisions of this section shall be interpreted to
be consistent with the provisions of Government Code sections
65852.2 and 65855.22 and shall be applied in a manner that is
consistent with state law.
(3) Effect of Conforming. Consistent with state law, an ADU that
conforms to the provisions of this section (a) shall be deemed an
accessory use or an accessory building and shall not be considered
to exceed the allowable density for the lot upon which it is located;
(b) shall be deemed a residential use that is consistent with the
existing General Plan and zoning designation for the lot upon which
it is located; and (c) shall not be considered in the application of any
local ordinance, policy, or program to limit residential growth.
(4) Definitions. As used in this section, the following terms shall have
the following meanings:
a. The terms “accessory dwelling unit”, “accessory structure”,
“efficiency unit”, “living area”, “nonconforming zoning
condition”, “passageway”, “proposed dwelling”, “public transit”,
and “tandem parking” all have the same meaning as that stated
in Government Code section 65852.2 as that section may be
amended from time to time. The terms “accessory dwelling
unit” and “ADU” shall have the same meaning.
b. The term “junior accessory dwelling unit” shall have same
meaning as that stated in Government Code section
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65852.22(h)(1) as that section may be amended from time to
time. The terms “junior accessory dwelling unit” and “JADU”
shall have the same meaning.
c. The term “attached ADU” means an ADU, other than a
converted ADU, that is physically attached to a primary dwelling
structure.
d. The term “detached ADU” means an ADU, other than a
converted ADU, that is physically separated from, but located
on the same lot as, a primary dwelling structure.
e. The term “converted ADU” means an ADU that is constructed
within all or a portion of the permitted existing interior space of
an accessory structure or within all or a portion of the permitted
existing interior space of a dwelling structure, including
bedrooms, attached garages, storage areas, or similar uses. A
converted ADU also includes an ADU that is constructed in the
same location and to the same dimensions as a permitted
existing structure or portion of a permitted existing structure.
(5) Areas Allowed.
a. ADUs. ADUs conforming to the provisions in this section may
be located on any lot in the city that is zoned to allow single-
family or multifamily residential uses and that includes a
proposed or existing legally developed single-family dwelling,
duplex, or multifamily dwelling.
b. JADU. JADUs conforming to the provisions in this section may
be located within a proposed or existing legally developed
single-family dwelling on any lot in the city that is zoned to allow
single-family residential uses.
(6) Number Allowed.
a. Single-Family Lots. No more than one ADU or JADU shall be
allowed on a lot developed or proposed to be developed with a
single-family dwelling; provided, however, that a single-family
lot may have both one JADU and either (i) one ADU located
within the proposed space of a single-family dwelling or within
the existing space of a single-family dwelling or accessory
structure, or (ii) one detached, new construction, ADU not
exceeding 800 square feet in total floor area.
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b. Multifamily Lots. Multifamily lots may have either up to two
detached ADUs or multiple converted ADUs as follows:
i. No more than a total of two (2) detached ADUs may be
constructed on a lot developed or proposed to be
developed with one or more multifamily dwelling
structures.
ii. On lots with no detached ADUs, one (1) or more converted
ADUs may be constructed within portions of existing
multifamily dwelling structures that are not used as livable
space. No converted ADUs may be constructed within the
existing livable space of a multifamily structure. The
number of ADUs permitted under this subsection shall not
exceed twenty-five (25) percent of the existing multifamily
dwelling units on the lot. For the purpose of calculating the
number of allowable accessory dwelling units: (a)
previously approved ADUs shall not count towards the
existing number of multifamily dwelling units; and (b)
fractions shall be rounded down to the next lower number
of dwelling units, except that at least one (1) converted
ADU shall be allowed.
iii. Detached ADUs may not be combined on the same
multifamily lot with converted ADUs.
(7) ADU Standards and Criteria.
a. Development Standards. Except as modified by this
subsection or as otherwise provided by state law, an ADU
shall conform to the height, setback, landscaping, lot
coverage, and other development standards applicable to
the lot on which it is located, as set forth in the
Development Code and/or in an applicable specific plan or
planned development ordinance or resolution.
Notwithstanding the foregoing, when the application of a
development standard related to floor area ratio, lot
coverage, open-space, or minimum lot size would prohibit
the construction of an attached or detached ADU of at
least 800 square feet, such standard shall be waived to the
extent necessary to allow construction of an ADU of up to
800 square feet.
b. Orientation to Primary Dwelling Structure. Except as
otherwise provided by state law, or where development of
a detached ADU on a single-family lot would otherwise be
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infeasible, a new detached ADU shall be located no closer
to the street fronting the primary dwelling structure than
the primary dwelling structure itself.
c. Access. An attached or converted ADU shall maintain
independent exterior access from the proposed or existing
primary dwelling structure. Such access shall not be
located on the front of the primary dwelling structure or
face the street on which the primary dwelling fronts.
d. Passageway. No passageway shall be required in
conjunction with the construction of an ADU.
e. Setbacks.
i. Side and Rear Yard Setbacks. Minimum setbacks of
no less than four (4) feet from the side and rear lot
lines are required for new attached and detached
ADUs.
ii. Converted ADUs. No setbacks are required for
converted ADUs, provided the side and rear setbacks
of the existing converted structure are sufficient for
fire and safety, as dictated by current applicable
uniform building and fire codes.
f. Building Separation.
i. A minimum separation of six (6) feet is required
between a detached ADU and the primary dwelling
unit.
ii. A minimum separation of six (6) feet is required
between an attached or detached ADU and all other
freestanding accessory structures, including
freestanding garages, on the property.
iii. Building separation requirements do not apply to
converted ADUs that do not include an expansion of
floor area of the existing structure.
g. Minimum ADU Size. An ADU shall have a minimum floor
area of at least 220 square feet.
h. Maximum ADU Size.
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i. Attached ADUs: The total floor area of an attached
ADU shall not exceed the following:
1. Studio or one bedroom: 850 square feet or fifty
percent (50%) of the floor area of the primary
dwelling unit, whichever is less; provided,
however, that if the size of the primary dwelling
unit is less than 1,600 square feet, an attached
ADU may have a total floor area of up to 800
square feet.
2. Two or more bedrooms: 1,000 square feet or fifty
percent (50%) of the floor area of the primary
dwelling unit, whichever is less; provided,
however, that if the size of the primary dwelling
unit is less than 1,600 square feet, an attached
ADU may have a total floor area of up to 800
square feet.
ii. Detached ADUs: The total floor area of a detached
ADU shall not exceed the following:
1. Studio or one bedroom: 850 square feet.
2. Two or more bedrooms: 1,000 square feet.
3. Notwithstanding the foregoing, where a
detached ADU and a JADU are combined on the
same lot, the total floor area of the detached
ADU shall not exceed 800 square feet.
iii. Converted ADUs: The maximum size limitations set
forth in this subsection do not apply to converted ADUs
that do not increase the existing floor area of a
structure. In addition, a converted ADU created within
an existing accessory structure may include an
expansion of not more than 150 square feet beyond the
physical dimensions as the existing accessory
structure to the extent necessary to accommodate
ingress and egress.
iv. Patios and Porches. An attached or detached ADU
may include an attached covered patio and/or porch,
which, if provided, shall be integrated into the design of
the ADU and shall not exceed 60 square feet in size.
Such a patio or porch shall not be considered in
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calculating the floor area of the ADU for purposes of
the above maximum unit size limitations.
i. Height.
i. New attached and detached ADUs shall be one story,
constructed at ground level, and shall not exceed
sixteen (16) feet in height as measured from the
finished grade to the highest area of the roofline.
ii. Converted ADUs are not subject to a height limitation.
j. Exterior Design. An ADU shall match the architectural
style and design features of the primary residential
structure, including, but not limited to:
i. Exterior finishes: Materials, colors, surface
treatments and details;
ii. Roofing: Type, pitch and materials;
iii. Proportion and form; and
iv. Windows: Type, forms, and dimensional ratios.
k. Recreational Vehicles. Neither the primary residence nor
the proposed ADU shall be a recreational vehicle.
l. Off-Street Parking.
i. One additional off-street parking space must be
provided for a new attached or detached ADU. This
parking space shall be accessible from the existing
driveway approach, and may be provided in setback
areas or as tandem parking on a driveway, unless
specific findings are made by the director that parking
in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or
fire and life safety concerns. An existing driveway may
be widened to accommodate the one off-street parking
space pursuant to section 22.30.080.
ii. Notwithstanding the foregoing, an additional off-street
parking space is not required to be provided in the
following instances:
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1. If the ADU is located within one-half mile walking
distance of public transit.
2. If the ADU is located within a historic district.
3. If the ADU is part of the proposed or existing
primary residence or an accessory structure;
4. When on-street parking permits are required but
not offered to the occupant of the ADU.
5. When there is a car share vehicle located within
one block of the ADU.
6. If the ADU is a detached ADU that has a total
floor area of 800 square feet or less.
7. If the ADU is located on a lot developed or
proposed to be developed with one or more
multifamily dwelling structures.
iii. The parking space required for a new attached or
detached ADU is in addition to the parking spaces
required for the primary dwelling. However, when a
garage, carport, or covered parking structure is
demolished in conjunction with the construction of an
ADU or converted to an ADU, those off-street parking
spaces are not required to be replaced.
m. Utility Service. Utilities serving an ADU (e.g., electricity,
gas, sewer, and water) shall be common to and dependent
on the primary residence. An ADU shall not be provided
with separate metered utilities, unless otherwise required
by applicable building, fire or electrical code provisions.
For any ADU using septic facilities allowed by the
California Regional Water Quality Control Board and the
city, written certification of acceptability and approval by
the local health officer shall be submitted.
n. Impact Fees. Construction of an ADU is subject to
applicable development impact fees adopted by the City
pursuant to California Government Code, Title 7, Division
1, Chapter 5 (commencing with § 66000) and Chapter 7
(commencing with § 66012). No impact fee is required for
an ADU that is less than 750 square feet in size. Any
impact fee that is required for an ADU that is 750 square
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feet or more in size shall be charged proportionately in
relation to the square footage of the primary dwelling. For
purposes of this section, “impact fee” does not include any
planning application fee, plan check fee, or building permit
fee that is otherwise applicable.
(8) Standards and Criteria Applicable to JADUs.
a. Footprint. A JADU may only be constructed within the
walls of a proposed or existing single-family dwelling,
including an existing attached garage.
b. Unit Size. A JADU shall not exceed 500 square feet in size.
c. Separate Entrance. A JADU must include a separate
entrance from the main entrance of the proposed or
existing single-family residence in which it located.
d. Kitchen Requirements. A JADU must include an efficiency
kitchen, including a cooking facility with hookups for
appliances, and a food preparation counter and storage
cabinets that are of reasonable size in relation to the size
of the JADU.
e. Bathroom Facilities. A JADU may include separate
sanitation facilities or may share sanitation facilities with
the proposed or existing single-family dwelling in which it
is located.
f. Parking. No additional off-street parking is required for a
JADU beyond that required at the time the existing primary
dwelling was constructed. However, when an existing
attached garage is converted to a JADU, any required off-
street parking spaces for the primary dwelling that are
eliminated as a result of the conversion shall be replaced.
These replacement parking spaces may be located in any
configuration on the same lot, including, but not limited to,
as covered spaces, uncovered spaces, or tandem spaces.
g. Fire Protection. For purposes of any fire or life protection
ordinance or regulation, a JADU shall not be considered a
separate or new dwelling unit.
h. Utility Service. For purposes of providing service for water,
sewer, or power, including a connection fee, a JADU shall
not be considered a separate or new dwelling unit. A
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JADU shall be served by the same water, sewer, and other
utility connections serving the primary single-family
dwelling in which it is located, and no separate utility
meters shall be permitted for a JADU.
(9) Other Requirements.
a. No Separate Conveyance. Except as otherwise provided
in Government Code section 65852.26 or by other
applicable law, an ADU or JADU may be rented separate
from the primary residence, but may not be owned, sold or
otherwise conveyed separate from the primary residence,
and a lot shall not be subdivided in any manner that would
authorize such separate sale, conveyance, or ownership.
b. No Short-Term Rental Permitted. An ADU or JADU may
be rented, although rental is not required. Any rental term
of an ADU or JADU that is legally created after June 1,
2017 shall be longer than 30 days.
c. Owner Occupancy.
i. ADUs. Owner-occupancy of a lot on which an ADU
is located is not required.
ii. JADUs. An owner of record of the single-family lot
upon which a JADU is located shall occupy either the
JADU or the remaining portion of the primary single-
family dwelling as his/her/their principal residence. In
the event owner occupancy of the property ceases,
the JADU shall automatically become unhabitable
space, shall not be used as a separate dwelling unit,
and shall not be separately rented or leased for any
purpose.
d. Recorded Covenant. Prior to the issuance of a building
permit for an ADU or a JADU, the owner(s) of record of the
property shall provide to the director a copy of a covenant
agreement, declaration of restrictions, or similar deed
restriction recorded against the property, which is in a form
prepared by and/or acceptable to the director. The deed
restriction shall run with the land and shall bind all future
owners, heirs, successors, or assigns; shall contain
restrictions pertaining to ownership and conveyance,
rental, owner occupancy, and the size and attributes of the
ADU / JADU that conform to this section; and shall provide
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that it may not be modified or terminated without the prior
written consent of the director.
(10) Permit Application and Review Procedures.
a. Building Permit Required. A building permit is required
prior to construction of an ADU or JADU. Except as
otherwise provided in this section or by state law, all
building, fire, and related code requirements applicable to
habitable dwellings apply to ADUs and JADUs. However,
fire sprinklers shall not be required if they are not required
for the primary dwelling.
b. Application. Prior to the issuance of a building permit for
an ADU or JADU, the applicant shall submit an application
on a form prepared by the City, along with all information
and materials prescribed by such form. No application
shall be accepted unless it is completed as prescribed and
is accompanied by payment for all applicable fees.
c. Review. The director shall consider and approve or
disapprove a complete application for an ADU or JADU
ministerially without discretionary review or public hearing
within sixty (60) days from the date the City receives a
complete application. Review is limited to whether the
proposed ADU or JADU complies with the requirements of
this section and/or state law, as applicable. If an applicant
requests a delay in processing the application, the time
period for the director to review of an application shall be
tolled for the period of the requested delay. If the
application to create an ADU or a JADU is submitted with
an application to create a new single-family dwelling on the
lot, the director may delay acting on the application for the
ADU or the JADU until the City acts on the application to
create the new single-family dwelling, but the application
to create the ADU or JADU will still be considered
ministerially without discretionary review or a hearing.
d. Zoning Conformity. The City shall not require the
correction of nonconforming zoning conditions as a
condition of approval of a permit application for the
creation of an ADU or JADU.
e. Conformity with State Law. The City shall not apply any
requirement or development standard provided for in this
section to an ADU or a JADU to the extent prohibited by
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any provision of state law, including, but not limited to,
subdivision (e)(1) of Government Code section 65852.2.
SECTION IV: If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more section,
subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid
or unconstitutional.
SECTION V: Pursuant to Government Code §36937 this Ordinance shall take effect
30 days after adoption by the City Council. The City Clerk is directed to certify the
passage and adoption of this Ordinance; cause it to be entered into the City of Diamond
Bar’s book of original ordinances; make a note of the passage and adoption in the records
of this meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
ADOPTED this __ day of ___________, 2021.
__________________________
Nancy A. Lyons, Mayor
Approved to as Form: Attest:
_________________________ __________________________
David A. DeBerry, City Attorney Kristina Santana, City Clerk
I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the __ day of ________, 2021, and was duly passed and adopted the
same day, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Kristina Santana, City Clerk
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Attachment 1: Statutory Changes (Strikeout/Italics and Underline)
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
Combined changes from (AB 3182 Accessory Dwelling Units)
and (AB 881, AB 68 and SB 13 Accessory Dwelling Units)
(Changes noted in strikeout, underline/italics)
Effective January 1, 2021, Section 65852.2 of the Government Code is amended to read:
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to
allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall
consult with the local water or sewer service provider regarding the adequacy of water and sewer services before
designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Resources. These standards shall not include
requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing
dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,
including attached garages, storage areas or similar uses, or an accessory structure or detached from the
proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not
exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the
same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit
or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot
lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new
structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory
dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those
offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence.
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(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and
approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the
application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the
local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the
permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling, but the application to create the accessory
dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has
not acted upon the completed application within 60 days, the application shall be deemed approved. A local
agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of
adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial
provisions for the approval of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has
an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance
shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the
approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this
section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a
use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional
standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant
requirement, except that a local agency may require that the property be used for rentals of terms longer than 30
days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit
or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application
if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit
or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new
single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed
application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for
both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
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(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less
than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the
proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,
for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit
that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all
other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not
more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating
ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard
setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined
with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following
conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not
used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,
or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall
allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,
but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard
and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of
an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required
for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be
for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if
the percolation test has been recertified, within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially
consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may
impose standards including, but not limited to, design, development, and historic standards on said accessory
dwelling units. These standards shall not include requirements on minimum lot size.
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(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be
a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water
and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development
of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of
750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling
unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any
connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a
local agency, special district, or water corporation may require a new or separate utility connection directly
between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the
Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical
Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation
of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department
of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the
department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department
shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to
respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall
do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the
ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite
the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt
a resolution with findings explaining the reason the ordinance complies with this section and addressing the
department’s findings, the department shall notify the local agency and may notify the Attorney General that the
local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may
consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,
and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that
supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2.
(j) As used in this section, the following terms mean:
(1) “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. An accessory dwelling unit also includes the
following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
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(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not
include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with
current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may
access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are
available to the public.
(10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a
lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as
specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this
division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5
of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2)
below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall
delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety
Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Becomes operative on January 1, 2025)
Section 65852.2 of the Government Code is amended to read (changes from January 1, 2021 statute noted in
underline/italic):
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to
allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall
consult with the local water or sewer service provider regarding the adequacy of water and sewer services before
designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Resources. These standards shall not include
requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
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(D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing
dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,
including attached garages, storage areas or similar uses, or an accessory structure or detached from the
proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not
exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the
same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit
or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot
lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new
structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory
dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those
offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and
approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the
application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the
local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the
permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling, but the application to create the accessory
dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has
not acted upon the completed application within 60 days, the application shall be deemed approved. A local
agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of
adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial
provisions for the approval of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has
an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance
shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the
approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this
section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a
use permit under this subdivision.
(6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
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accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional
standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant
requirement, except that imposed except that, subject to subparagraph (B), a local agency may require an
applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for
rentals of terms longer than 30 days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an
accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local
agency was prohibited from imposing an owner-occupant requirement.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit
or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application
if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit
or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new
single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed
application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for
both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less
than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the
proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,
for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit
that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all
other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not
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more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating
ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard
setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined
with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following
conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not
used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,
or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall
allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,
but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard
and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of
an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required
for the primary residence.
(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a
single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
(4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision
be for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if
the percolation test has been recertified, within the last 10 years.
(6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially
consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may
impose standards including, but not limited to, design, development, and historic standards on said accessory
dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be
a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water
and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development
of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of
750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling
unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any
connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a
local agency, special district, or water corporation may require a new or separate utility connection directly
between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the
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Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical
Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation
of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department
of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the
department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department
shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to
respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall
do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the
ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite
the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt
a resolution with findings explaining the reason the ordinance complies with this section and addressing the
department’s findings, the department shall notify the local agency and may notify the Attorney General that the
local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may
consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,
and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that
supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2.
(j) As used in this section, the following terms mean:
(1) “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. An accessory dwelling unit also includes the
following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not
include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with
current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may
access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are
available to the public.
(10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a
lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
7.1.b
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applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as
specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this
division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5
of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2)
below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall
delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety
Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. become operative
on January 1, 2025.
Effective January 1, 2021, Section 4740 of the Civil Code is amended to read (changes noted in strikeout,
underline/italics) (AB 3182 (Ting)):
4740.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a
governing document or an amendment to a governing document that prohibits the rental or leasing of any of the
separate interests in that common interest development to a renter, lessee, or tenant unless that governing
document, or amendment thereto, was effective prior to the date the owner acquired title to his or
her their separate interest.
(b) Notwithstanding the provisions of this section, an owner of a separate interest in a common interest
development may expressly consent to be subject to a governing document or an amendment to a governing
document that prohibits the rental or leasing of any of the separate interests in the common interest development
to a renter, lessee, or tenant.
(c) (b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed
to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the
following conditions:
(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes of
reassessment by the county tax assessor.
(2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section
1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure
Statement, as set forth in Section 1102.6.
(d) (c) Prior to renting or leasing his or her their separate interest as provided by this section, an owner shall
provide the association verification of the date the owner acquired title to the separate interest and the name and
contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.
(e) (d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which a
common interest development adopts or amends its governing documents.
(f) This section shall apply only to a provision in a governing document or a provision in an amendment to a
governing document that becomes effective on or after January 1, 2012.
Effective January 1, 2021 of the Section 4741 is added to the Civil Code, to read (AB 3182 (Ting)):
4741.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a
governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or
unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior
accessory dwelling units in that common interest development to a renter, lessee, or tenant.
(b) A common interest development shall not adopt or enforce a provision in a governing document or amendment
to a governing document that restricts the rental or lease of separate interests within a common interest to less
than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development
from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased.
(c) This section does not prohibit a common interest development from adopting and enforcing a provision in a
7.1.b
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governing document that prohibits transient or short-term rental of a separate property interest for a period of 30
days or less.
(d) For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed
as a separate interest.
(e) For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate
interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the
owner.
(f) A common interest development shall comply with the prohibition on rental restrictions specified in this section
on and after January 1, 2021, regardless of whether the common interest development has revised their governing
documents to comply with this section. However, a common interest development shall amend their governing
documents to conform to the requirements of this section no later than December 31, 2021.
(g) A common interest development that willfully violates this section shall be liable to the applicant or other party
for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one
thousand dollars ($1,000).
(h) In accordance with Section 4740, this section does not change the right of an owner of a separate interest who
acquired title to their separate interest before the effective date of this section to rent or lease their property.
Effective January 1, 2020, Section 65852.22 of the Government Code is was amended to read (AB 68 (Ting)):
65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior
accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for
the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences
with a single-family residence built, or proposed to be built, on the lot.
(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be
permitted. The owner may reside in either the remaining portion of the structure or the newly created junior
accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land
trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting
agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family
residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of proposed or existing
single-family residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to
the proposed or existing single-family residence.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of
the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior
accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of
a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building
standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local
ordinance regulating the issuance of variances or special use permits, be considered ministerially, without
discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory
dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing
single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with
a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on
the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit
application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the
local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
7.1.b
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(d) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be
considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and
county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection
requirements within a single-family residence that contains a junior accessory dwelling unit so long as the
ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the
single-family residence includes a junior accessory dwelling unit or not.
(e) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory
dwelling unit shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related
to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that
contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-
family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially
approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in
subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained
entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities,
or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
Effective January 1, 2020 Section 17980.12 is was added to the Health and Safety Code, immediately following
Section 17980.11, to read (SB 13 (Wieckowski)):
17980.12.
(a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit
described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard
pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay
in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020.
(B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as
described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an
application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the
basis that correcting the violation is not necessary to protect health and safety.
(3) The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines
that correcting the violation is not necessary to protect health and safety. In making this determination, the
enforcement agency shall consult with the entity responsible for enforcement of building standards and other
regulations of the State Fire Marshal pursuant to Section 13146.
(4) The enforcement agency shall not approve any applications pursuant to this section on or after January 1,
2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for
the full term of the delay that was approved at the time of the initial approval of the application pursuant to
paragraph (3).
(b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
7.1.b
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GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
AB 587 Accessory Dwelling Units
Effective January 1, 2020 Section 65852.26 is was added to the Government Code, immediately following Section
65852.25, to read (AB 587 (Friedman)):
65852.26.
(a) Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local
agency may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary
residence to a qualified buyer if all of the following apply:
(1) The property was built or developed by a qualified nonprofit corporation.
(2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified
buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of
subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the
size of the dwelling each qualified buyer occupies.
(B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the
property if the buyer desires to sell or convey the property.
(C) A requirement that the qualified buyer occupy the property as the buyer’s principal residence.
(D) Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved
for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified
buyer.
(4) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be
recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed
concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(5) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility
providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical
connection to that utility.
(b) For purposes of this section, the following definitions apply:
(1) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section
50093 of the Health and Safety Code.
(2) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the
Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation
Code for properties intended to be sold to low-income families who participate in a special no-interest loan
program.
CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5, ARTICLE 1
AB 670 Accessory Dwelling Units
Effective January 1, 2020, Section 4751 is was added to the Civil Code, to read (AB 670 (Friedman)):
4751.
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument
affecting the transfer or sale of any interest in a planned development, and any provision of a governing document,
that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or
junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of
Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable.
(b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or
junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that
do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability
7.1.b
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to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of
Section 65852.2 or 65852.22 of the Government Code.
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3, ARTICLE 10.6
AB 671 Accessory Dwelling Units
Effective January 1, 2020, Section 65583(c)(7) of the Government Code is was added to read (sections of housing
element law omitted for conciseness) (AB 671 (Friedman)):
65583(c)(7).
Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at
affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income
households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory
dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.
Effective January 1, 2020, Section 50504.5 is was added to the Health and Safety Code, to read (AB 671
(Friedman)):
50504.5.
(a) The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for
operating, administrative, and other expenses in connection with the planning, construction, and operation of an
accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-income
households.
(b) The list shall be posted on the department’s internet website by December 31, 2020.
(c) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in paragraph (4) of
subdivision (i) of Section 65852.2 of the Government Code.
7.1.b
Packet Pg. 44
Project Status Report CITY OF DIAMOND BAR
June 8, 2021 COMMUNITY DEVELOPMENT DEPARTMENT
LEGEND PH = PUBLIC HEARING
X = NON PUBLIC HEARING
AP = ASSIGNED PLANNER
PC = PLANNING COMMISSION
AR = ADMINISTRATIVE REVIEW
CC = CITY COUNCIL
PROPERTY LOCATION
PLANNING COMMISSION REVIEW File # AP Applicant PC
6/8/21
CC
6/15/21
PC
6/22/21
CC
7/6/21
PC
7/13
CC
7/20
ADU Ordinance DCA PL2020-61 MN City of Diamond Bar PH PH
3333 Diamond Canyon
(CUP for medical office)
CUP PL2021-18 MN Jordan Wang PH
20657 Golden Springs Dr. #111A
(CUP for fitness studio)
CUP PL2021-19 JT Steve Lee PH
Small Cell Wireless Ordinance DCA PL2021-44 MN City of Diamond Bar PH
ADMINISTRATIVE REVIEW
Property Location AP Applicant
None
PENDING ITEMS
Property Location File # AP Applicant Status
1625 Bears Den Rd.
(Addition to single family residence)
DR PL2021-01 MN/
JT
Pete Volbeda First incomplete letter sent 2/5/21 – waiting for additional information
Crooked Creek
(7-unit subdivision)
TTM, DR, CUP, TP
PL2017-203
MN New Bridge Homes Third incomplete letter sent 4/8/21 – waiting for additional information
1114 S. Diamond Bar Blvd.
(Veterinarian office)
CUP PL2020-120 MN Dr. Ratul Kumar Under Review
1139 S. Diamond Bar Blvd., Ste F
(CUP for fitness studio)
CUP PL2021-30 JT Shawn Zuo First incomplete letter sent 5/24/21 – waiting for additional information
2335 S. Diamond Bar Blvd.
(2-lot subdivision)
TPM PL2021-15 JT Samir Khoury Second incomplete letter sent 5/28/21 – waiting for additional information
2751 S. Diamond Bar Blvd.
(Amendment to CUP PL2010-89 for after
school component)
CUP PL2021-39 JT Lance Kim Under Review
24011 Falcons View Dr.
(Addition and remodel to single family
residence)
DR PL2020-25 MN William Edwards Third incomplete letter sent 1/29/21 – waiting for additional information
9.1
Packet Pg. 45
Project Status Report CITY OF DIAMOND BAR Page 2
June 8, 2021 COMMUNITY DEVELOPMENT DEPARTMENT
PENDING ITEMS (continued)
Property Location File # AP Applicant Status
Gentle Springs Ln. and S. Prospectors
Rd.
GPA, ZC, VTTM, DR
PL2021-23
GL/
JT
Tranquil Garden LLC First incomplete letter sent 4/16/21 – waiting for additional information
20657 Golden Springs Dr.
(Sign program amendment)
CUP PL2019-172 MN Sign Express Incomplete letter sent 10/10/19 – waiting for additional information
2234 Indian Creek Rd.
(New single-family residence)
DR PL2020-159 MN/
JT
Jeffrey Sun First incomplete letter sent 1/12/21 – waiting for additional information
22909 Lazy Trail Rd.
(Addition and remodel to single family
residence)
DR PL2021-5 JT Walt Petroske First incomplete letter sent 3/9/21 – waiting for additional information
22938 ½ Ridge Line Rd.
(Wireless facility)
CUP PL2020-42 NTE/
GL
Jill Cleveland Incomplete letter sent 4/1/20 – waiting for additional information
23121 Ridge Line Rd.
(New single family residence)
DR PL2020-31 NTE/
MN
Pete Volbeda Second incomplete letter sent 12/15/20 – waiting for additional information
23135 Ridge Line Rd.
(New single family residence)
DR PL2018-233 MN Faiz Ennabe Second incomplete letter sent 2/6/20 – waiting for additional information
2631 Rocky Trail Rd.
(Addition and remodel to single family
residence)
DR, MCUP PL2021-22 GL Katy Liu Under Review
9.1
Packet Pg. 46
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:
I am employed by the City of Diamond Bar, Community Development Department: On
June 4, 2021, a copy of the June 8, 2021, Planning Commission Agenda, was posted
at the following locations:
SCAQMD/Government Center, 21865 Copley Drive
Heritage Park, 2900 Brea Canyon Road
City website: www.diamondbarca.gov
Due to COVID-19 closures, the Planning Commission Agenda could not be posted at
the following regular posting locations:
Diamond Bar City Hall
Diamond Bar Library
I declare under penalty of perjury that the foregoing is true and correct.
Executed June 4, 2021, at Diamond Bar, CaliforniaLLa' 4
Stella Marquez
Community Development Department
g:\\sWRidavitposting.dcc