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HomeMy WebLinkAbout2021.11.02 Agenda Packet - Regular MeetingCity Council Agenda Tuesday, November 2, 2021 Regular Meeting 6:30 PM Diamond Bar City Hall – Windmill Community Room 21810 Copley Drive, Diamond Bar, CA 91765 PUBLIC ADVISORY: Consistent with State Assembly Bill 361, members of the City Council may be present or participate telephonically. Members of the public are encouraged to participate and address the City Council during the public comment portion of the meeting either in person or via teleconference. If you would like to attend the meeting in person, please note that face coverings are required to be worn at all times. How to Observe the Meeting From Home: The public can observe the meeting by calling +1 (562) 247-8422, Access Code: 507-507-040 OR visit: https://attendee.gotowebinar.com/register/64541751224375311. How to Submit Public Comment: The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to the City Clerk at cityclerk@DiamondBarCA.gov by 4:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the record at the meeting and posted on the City’s official agenda webpage as soon as reasonably practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx). The public may log into the meeting through this link: https://attendee.gotowebinar.com/register/64541751224375311. 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 Mayor determines otherwise. American Disability Act Accommodations: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839- 7010 within 72 hours of the meeting. City Council video recordings with transcription wi ll be available upon request the day following the Council Meeting. The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. ANDREW CHOU Council Member STAN LIU Council Member STEVE TYE Council Member NANCY A. LYONS Mayor RUTH M. LOW Mayor Pro Tem City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. Copies of staff reports or other written documentation relating to agenda items are on file and available for public inspection by contacting the Office of the City Clerk. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor 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 Council 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 City Council. 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 COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3, Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City Council may take action on any item listed on the agenda. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov General information: (909) 839-7000 Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR LIVE VIEWING AT HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/164922764460418830 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA November 02, 2021 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor ROLL CALL: Chou, Liu, Tye, Mayor Pro Tem Low, Mayor Lyons APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 2021 Property Assessment Update by Los Angeles County Assessor Jeff Prang 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 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 Council 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 City Council values your comments, pursuant to the Brown Act, members of the City Council or Staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five-minute maximum time limit when addressing the City Council. Please complete a Speaker Card and hand it to the City Manager (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 council consideration item, you will be called upon to speak at that point in the agenda. NOVEMBER 2, 2021 PAGE 2 4. SCHEDULE OF FUTURE EVENTS: 4.1 Planning Commission Meeting – November 9, 2021 – 6:30 p.m., Windmill Community Room, 21810 Copley Drive and online teleconference. 4.2 Veterans Celebration – November 10, 2021 – 9:00-11:00 a.m., Grand View Ballroom, 1600 Grand Avenue. 4.3 Veterans Day Holiday – November 11, 2021 – City Offices Closed 4.4 City Council Meeting – November 16, 2021, 6:30 p.m., Windmill Community Room, 21810 Copley Drive and online teleconference. 5. CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 5.1 CITY COUNCIL MINUTES OF THE OCTOBER 19, 2021 REGULAR MEETING. 5.1.a October 19, 2021 City Council Minutes Recommended Action: Approve the October 19, 2021 Regular City Council meeting minutes. Requested by: City Clerk 5.2 RATIFICATION OF CHECK REGISTER DATED OCTOBER 13, 2021 THROUGH OCTOBER 26, 2021 TOTALING $1,768,480.22. Recommended Action: Ratify the Check Register. Requested by: Finance Department 5.3 TREASURER'S STATEMENT. Recommended Action: Approve the July 2021 Treasurer’s Statement. Requested by: Finance Department NOVEMBER 2, 2021 PAGE 3 5.4 CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE OPEN MEETING LAWS. Recommended Action: Adopt Resolution No. 2021-48, providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Diamond Bar City Council, City Commissions and Subcommittees. Requested by: City Manager 5.5 FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH MV CHENG & ASSOCIATES, INC. FOR TEMPORARY ACCOUNTING STAFFING SERVICES Recommended Action: Approve, and authorize the Mayor to sign, the First Amendment to the Consultant Services Agreement with M.V. Cheng & Associates, Inc. Requested by: 5.6 INTENT TO DISSOLVE LANDSCAPE ASSESSMENT DISTRICT NO. 39 AND INITIATION OF FORMATION OF NEW LANDSCAPE ASSESSMENT DISTRICT NO. 39-2022. Recommended Action: A. Adopt Resolution No. 2021-49 to declare the City’s intention to dissolve Landscape Assessment District No. 39 and direct staff to advertise the public hearing before the Council at the January 18, 2022 regular meeting, and B. Adopt Resolution No. 2021-50 initiating proceedings for the formation of a Landscape Assessment District (No. 39-2022) pursuant to provisions of Division 15, part 2, of the Streets and Highways Code of the State of California, and designating SCI Consulting Group as the Engineer of Record. Requested by: Public Works Department 5.7 NOTICE OF COMPLETION FOR THE DIAMOND BAR BOULEVARD STREET REHABILITATION FROM PATHFINDER ROAD TO MOUNTAIN LAUREL WAY PROJECT - PROJECT NO. SI20101. Recommended Action: Approve, and authorize the Public Works Director to file a Notice of NOVEMBER 2, 2021 PAGE 4 Completion. Requested by: Public Works Department 6. PUBLIC HEARINGS: 6.1 ADOPTION OF THE 2021-2029 HOUSING ELEMENT UPDATE. Recommended Action: A. Receive presentation; B. Open public hearing to receive testimony, close public hearing; and C. Adopt Resolution No. 2021-51 adopting the 2021-2029 Housing Element Update. Requested by: Community Development Department 7. COUNCIL CONSIDERATION: 7.1 SETTING OF HEARING DATE TO CONSIDER APPEALS OF BUILDING OFFICIAL'S NOTICE AND ORDER TO VACATE THE VILLAGE AT DIAMOND BAR CONDOMINIUM COMPLEX, AND APPOINTMENT OF HEARING EXAMINER TO CONDUCT HEARING(S). Recommended Action: A. Set November 18, 2021 at 9:00 a.m. in the Windmill Community Room as the date, time and location to hear appeals of the Building Official's Notice and Order to Vacate The Village at Diamond Bar condominium complex; and B. Appoint John C. Van Doren to serve as the hearing examiner for the matter, and authorize the City Manager to execute an Agreement for Hearing Officer Services with Mr. Van Doren. Requested by: Community Development Department 8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 9. ADJOURNMENT: Agenda #: 5.1 Meeting Date: November 2, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE OCTOBER 19, 2021 REGULAR MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the October 19, 2021 Regular City Council meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Minutes have been prepared and are being presented for approval. PREPARED BY: REVIEWED BY: 5.1 Packet Pg. 7 Attachments: 1. 5.1.a October 19, 2021 City Council Minutes 5.1 Packet Pg. 8 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 OCTOBER 19, 2021 CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:30 p.m. M/Lyons stated that consistent with COVID-19 regulations, members of the public were encouraged to participate and address the City Council during the public comment portion of the meeting via teleconference. Members of the City Council and limited staff were physically present for the meeting and public seating was limited due to distancing requirements on a first-come, first-serve basis. PLEDGE OF ALLEGIANCE: Council Member Liu led the Pledge of Allegiance. ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye, Mayor Pro Tem Ruth Low, Mayor Nancy Lyons Staff in Attendance: Dan Fox, City Manager; Anthony Santos, Assistant to the City Manager; Ryan McLean, Assistant City Manager; Hal Ghafari, Public Works Manager/Assistant City Engineer; David Liu, Public Works Director; David DeBerry, City Attorney; Joan Cruz, Administrative Assistant; Kristina Santana, City Clerk Staff present telephonically: Alfredo Estevez, Information Systems Analyst; Greg Gubman, Community Development Director; Amy Haug, Human Resources and Risk Manager; Ryan Wright, Parks and Recreation Director; Ehren Magante, Network Administrator; Cecilia Arellano, Public Information Coordinator; Marsha Roa, Public Information Manager. Also in Attendance: Diamond Bar/Walnut Station Captain Stephen Tousey, LA County Sheriff’s Department. APPROVAL OF AGENDA: As presented. 1. CITY MANAGER REPORTS AND RECOMMENDATIONS: NONE 2. PUBLIC COMMENTS: In Person: Pui-Ching Ho spoke about October library events. Allen Wilson requested the City Council adjourn tonight’s meeting in honor of Colin Powell, thanked CC/Santana for attempting to arrange for an interpreter for tonight’s meeting and provided brief comments on Agenda Item 6.1. 5.1.a Packet Pg. 9 OCTOBER 19, 2021 PAGE 2 CITY COUNCIL CC/Santana reported an email was received from Nora Cheikh, a copy of which was forwarded to each City Council Member. Sarah Phan had questions about the Diamond Bar Village Condo situation. RESPONSE TO PUBLIC COMMENTS: CM/Fox indicated to Ms. Phan that she would be contacted by a staff member for a response to her concerns. 3. SCHEDULE OF FUTURE EVENT: CM/Fox presented the Calendar of Events. 4. CONSENT CALENDAR: MPT/Low moved, C/Chou seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 4.1 APPROVED CITY COUNCIL MINUTES: 4.1a REGULAR MEETING OF OCTOBER 5, 2021. 4.2 RATIFIED CHECK REGISTER DATED SEPTEMBER 29, 2021 THROUGH OCTOBER 12, 2021 TOTALING $563,263.89. 4.3 APPROVED TREASURER’S STATEMENT FOR THE MONTH OF JUNE 2021. 4.4 ADOPTED RESOLUTION NO. 2021-47 EXTENDING A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19). 5. PUBLIC HEARINGS: NONE 6. COUNCIL CONSIDERATION: 6.1 CITYWIDE BUS SHELTER REPLACEMENT PROGRAM. PWM/Ghafari presented the staff report. Dave Reynolds, speaking telephonically, encouraged incorporation of the City’s updated logo. C/Chou asked PWM/Ghafari to comment on Mr. Reynolds’ suggestion to incorporate the City’s updated logo and PWM/Ghafari said that with Council’s direction, the logo could be included and further commented that the solar panels provide light during nighttime hours, responded that costs 5.1.a Packet Pg. 10 OCTOBER 19, 2021 PAGE 3 CITY COUNCIL are the same for either A or B, and said that depending on Council’s decision, if option A is selected, staff will go out with an RFP to find a contractor to maintain the shelters and for Option B, another RFP would be issued for another advertisement company/franchise agreement and under either concept, costs can be paid with Prop A funds. PWM/Ghafari explained that costs associated with bus shelters can be paid from Prop A funds and if there is advertising revenue from the bus shelters, the revenue is put back into the Prop A fund and all of the services obtained through a contractor will be paid by them from the advertising revenue or from Prop A funds. Clear Channel owns the shelters and once the contract expires and is not renewed, Clear Channel will remove the shelters only and not the benches and trash cans which are owned by the City. MPT/Low asked if consideration was given to doing a smaller number of advertising shelters to be interspersed with the non-advertising shelters in prime areas, and PWM/Ghafari responded that if fewer advertising shelters were to be considered, it would result in less income for the contractor and the City would realize less revenue as well. Since there is currently advertising at the 34 locations, the City would not have to ask the community whether it wanted advertising or not if shelters are replaced in-kind and in speaking with vendors, there continues to be an interest for including advertising as a way of creating income. PWM/Ghafari further explained that if the City continues with the current model staff expects there will be a percentage returned to the City which would be negotiated in the new contract. The benefit of going with the current model is that the maintenance cost will be covered and the City will realize some revenue that can be added back into the Prop A fund. C/Liu asked what control the City has over the advertising content and language. PWM/Ghafari responded that the look and content of signage would be subject to contract negotiations and depending on maintenance, the life span of the shelters is approximately 20 years. C/Tye asked if the City was aware of how much revenue is generated by the advertising and WM/Ghafari responded that at least $2,000 for the 32 shelters and when the contract expires, as the owner, Clear Channel will remove the current bus shelters. M/Lyons felt some of the higher usage shelters might benefit from larger or two trash cans and discussed colors and improving certain areas of sidewalk as part of the package. PWM/Ghafari estimated there would be about 10 sidewalk locations that needed to be improved and that it would cost about $500 to include the City logo and said he would ask the contractor for a quote. C/Chou said he liked Option B because it covers the maintenance cost. 5.1.a Packet Pg. 11 OCTOBER 19, 2021 PAGE 4 CITY COUNCIL C/Chou moved Option B. Motion died for lack of second. C/Tye said that his understanding is that the revenue is not great enough to pay for maintenance and because the City is using Prop A funds for this program, any revenue realized would go back to Prop A. M/Lyons said she believed that Clear Channel currently includes the maintenance plus the advertising space rental. CA/DeBerry explained the franchise agreement and negotiating process. C/Tye moved, MPT/Low seconded Option A, to replace existing original bus shelters citywide with non-advertising shelters and possible inclusion of the updated City Logo to be determined. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Liu, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: Chou ABSENT: COUNCIL MEMBERS: None 7. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou reminded everyone that October is the best time to get flu shots and suggested the City initiate a program similar to the Ring program to help residents deal with mailbox thefts. C/Liu spoke about school district Measure V and other resources for kids, thanked a Good Samaritan for assisting a bicyclist and the couple driving the vehicle involved in a collision, and hoped everyone would participate in Restaurant Week, be safe and enjoy Halloween and join everyone for the State of the City event tomorrow evening. C/Tye reported that the LA County Vector Control notified Diamond Bar of its first case of West Nile Virus. The Vector Control offers resources and education to cities and would be available for a presentation at a future City Council meeting and/or provide safety training and information pop up booths. He hoped to see everyone at the State of the City at the Diamond Bar Center tomorrow evening. MPT/Low thanked PWM/Ghafari on his work with the bus shelters project. She looked forward to the State of the City tomorrow evening, Restaurant Week and Halloween, and stated that November is Domestic Violence Month and hoped everyone would reach out to assist those at risk. She wished the Hindu community friends and neighbors a very happy Diwali celebration. M/Lyons reminded residents and businesses about the lengthy closure of on and off ramps at northbound Diamond Bar Boulevard, spoke about restaurant week 5.1.a Packet Pg. 12 OCTOBER 19, 2021 PAGE 5 CITY COUNCIL and the contest, presented a Congratulatory Certificate to Father John Palmer at St. Denis on the occasion of the Churches 50th anniversary and service to the community, and invited everyone to attend the State of the City tomorrow evening. M/Lyons spoke about the life and passing of Helen Juliar, a 57 year resident of Diamond Bar. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 7:40 p.m. in memory of longtime resident Helen Juliar. Respectfully submitted: __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 2nd day of November, 2021. __________________________ Nancy Lyons, Mayor 5.1.a Packet Pg. 13 Agenda #: 5.2 Meeting Date: November 2, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED OCTOBER 13, 2021 THROUGH OCTOBER 26, 2021 TOTALING $1,768,480.22. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $1,768,480.22. BACKGROUND/DISCUSSION: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council Meeting. The attached check register containing checks dated October 13, 2021 through October 26, 2021 totaling $1,768,480.22 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and procedures, and have been reviewed and approved by the appropriate departmental staff. The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 5.2 Packet Pg. 14 REVIEWED BY: Attachments: 1. 5.2.a Check Register Affidavit 11-2-2021 2. 5.2.b Check Register 11-2-2021 5.2 Packet Pg. 15 5.2.a Packet Pg. 16 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 3677 10/13/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 10/15/2021 106 21109 $2.10 10/13/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 10/15/2021 239 21109 $100.16 10/13/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 10/15/2021 201 21109 $142.08 10/13/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 10/15/2021 238 21109 $200.31 10/13/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 10/15/2021 250 21109 $233.08 10/13/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 10/15/2021 207 21109 $281.11 10/13/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 10/15/2021 206 21109 $644.10 10/13/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 10/15/2021 100 21109 $11,453.36 CHECK TOTAL $13,056.30 3678 10/13/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE 10/15/2021 106 21118 $3.75 10/13/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE 10/15/2021 207 21118 $8.31 10/13/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE 10/15/2021 238 21118 $10.10 10/13/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE 10/15/2021 239 21118 $10.10 10/13/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE 10/15/2021 250 21118 $28.66 10/13/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE 10/15/2021 206 21118 $71.63 10/13/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE 10/15/2021 100 21118 $1,169.60 CHECK TOTAL $1,302.15 3679 10/14/2021 CALPERS PENSION CONTRIBUTION 09/25/2021- 10/08/2021 106 21110 $80.12 10/14/2021 CALPERS PENSION CONTRIBUTION 09/25/2021- 10/08/2021 239 21110 $143.79 5.2.b Packet Pg. 17 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 10/14/2021 CALPERS PENSION CONTRIBUTION 09/25/2021- 10/08/2021 238 21110 $220.95 10/14/2021 CALPERS PENSION CONTRIBUTION 09/25/2021- 10/08/2021 201 21110 $395.04 10/14/2021 CALPERS PENSION CONTRIBUTION 09/25/2021- 10/08/2021 207 21110 $701.87 10/14/2021 CALPERS PENSION CONTRIBUTION 09/25/2021- 10/08/2021 206 21110 $1,004.25 10/14/2021 CALPERS PENSION CONTRIBUTION 09/25/2021- 10/08/2021 250 21110 $1,042.78 10/14/2021 CALPERS PENSION CONTRIBUTION 09/25/2021- 10/08/2021 100 21110 $31,489.61 CHECK TOTAL $35,078.41 3680 10/26/2021 DAN CONTRACTOR CDBG HOME IMPR PROGRAM CONSTR- 370 BALLENA HIP 216 225440 54900 $10,935.00 CHECK TOTAL $10,935.00 3681 10/26/2021 HUMANE SOCIETY OF POMONA VALLEY INC IVHS ANIMAL CONTROL SERVICES IN AUGUST 2021 100340 55404 $34,885.00 10/26/2021 HUMANE SOCIETY OF POMONA VALLEY INC IVHS ANIMAL CONTROL SERVICE IN SEPT. 2021 100340 55404 $35,104.00 CHECK TOTAL $69,989.00 3682 10/26/2021 LOS ANGELES COUNTY DEVELOPMENT AUTH LOAN REPAYMENT - 1390 GLENTHORPE DR 225 48935 $17,844.00 CHECK TOTAL $17,844.00 3683 10/26/2021 LOS ANGELES COUNTY SHERIFF'S DEPT FY2021-22 SHERIFF'S GEN LAW ENF. SVCS - 09/2021 100310 55400 $597,508.28 10/26/2021 LOS ANGELES COUNTY SHERIFF'S DEPT FY2021-22 SHERIFF'S GEN LAW ENF. SVCS - 08/2021 100310 55400 $597,508.28 10/26/2021 LOS ANGELES COUNTY SHERIFF'S DEPT FY2021-22 SHERIFF'S DEPT -CONCERTS PARK 07-08/2021 100520 55402 $6,877.92 10/26/2021 LOS ANGELES COUNTY SHERIFF'S DEPT FY2021-22 SHERIFF'S SPCL - STREET & CAV 07-08/2021 100310 55402 $13,886.64 CHECK TOTAL $1,215,781.12 3684 10/26/2021 ONE TIME PAY VENDOR INDIAN HILL 3721 LLC (QIANG LI) BOND REDUCTION - 1139 DBB STREETSCAPE IMPROVEMENTS 100 22109 $53,342.45 CHECK TOTAL $53,342.45 3685 10/26/2021 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINTENANCE SERVICES (CITY PARKS SEPT) 100510 55505 $5,865.00 5.2.b Packet Pg. 18 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 10/26/2021 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINTENANCE SERVICES (CITY PARKS SEPT) 100630 55505 $27,411.00 CHECK TOTAL $33,276.00 3686 10/26/2021 PETER LEWANDOWSKI ADDENDUM TO MITIGATED DECL-850 BREA CYN-HOTEL 100 22107 $10,900.00 CHECK TOTAL $10,900.00 3687 10/26/2021 RJ NOBLE COMPANY DBB ROAD REHAB PROJECT (CIP SI20101) - FINAL PYMT 301610 56101 $114,403.03 CHECK TOTAL $114,403.03 3688 10/26/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE TC-1 100655 52210 $92.58 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/OAKCREST LS-2 100655 52210 $56.84 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/FALLOWFIELD LS-2 100655 52210 $74.65 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 24230 GOLDEN SPRINGS LS-2 100655 52210 $71.32 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 22805 GOLDEN SPRINGS LS-2 100655 52210 $93.93 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21615 GATEWAY CENTER LS-2 100655 52210 $74.63 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21325 PATHFINDER LS-2 100655 52210 $204.37 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21250 GOLDEN SPRINGS LS-2 100655 52210 $74.13 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3798 S BREA CANYON LS-2 100655 52210 $55.98 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3201 DBB LS-2 100655 52210 $111.96 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2201 DBB LS-2 100655 52210 $149.11 10/26/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1 DBB TEMPLE TC-1 100655 52210 $106.44 10/26/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 553 N DBB & VARIOUS TC-1 100655 52210 $1,071.45 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CANYON TC-1/LS-2 100655 52210 $118.70 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566 GOLDEN SPRINGS LS-2 100655 52210 $167.43 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1003 GOLDEN SPRINGS LS-2 100655 52210 $98.90 5.2.b Packet Pg. 19 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 10/26/2021 SOUTHERN CALIFORNIA EDISON 633 GRAND (09.09.21 - 10.21.21) 238638 52210 $17.04 10/26/2021 SOUTHERN CALIFORNIA EDISON 20980 E CANYON RIDGE (09.10.21 - 10.11.21) 241641 52210 $17.05 10/26/2021 SOUTHERN CALIFORNIA EDISON 21208 WASHINGTON (09.10.21 - 10.11.21) 100630 52210 $17.93 10/26/2021 SOUTHERN CALIFORNIA EDISON 20850 HIGH COUNTRY (09.10.21 - 10.11.21) 241641 52210 $17.05 10/26/2021 SOUTHERN CALIFORNIA EDISON DIAMOND BAR CENTER (07.01.21 - 08.01.21) 100510 52210 $9,801.28 10/26/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20791 GOLDEN SPRINGS TC-1 100655 52210 $129.68 10/26/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20439 GOLDEN SPRINGS PED TC-1 100655 52210 $247.14 10/26/2021 SOUTHERN CALIFORNIA EDISON 1000 S. LEMON (09.13.21 - 10.12.21) 238638 52210 $16.92 10/26/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21250 GOLDEN SPRINGS PED TC-1 100655 52210 $84.87 10/26/2021 SOUTHERN CALIFORNIA EDISON GS-1 23331 GOLDEN SPRINGS PED 100655 52210 $86.18 10/26/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER TC-1 100655 52210 $121.95 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3564 BREA CANYON B PED LS-3 100655 52210 $78.85 10/26/2021 SOUTHERN CALIFORNIA EDISON GS-1 2838 S DBB PED 100655 52210 $107.72 10/26/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2746 BREA CANYON B PED LS-3 100655 52210 $143.62 10/26/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 717 GRAND AVE TC1 100655 52210 $84.46 10/26/2021 SOUTHERN CALIFORNIA EDISON DIAMOND BAR CENTER (AUG & SEP) 100510 52210 $19,338.39 10/26/2021 SOUTHERN CALIFORNIA EDISON 2746 BREA CANYON ROAD (09.14.21 - 10.13.21) 238638 52210 $16.05 10/26/2021 SOUTHERN CALIFORNIA EDISON 2025 DIAMOND BAR BLVD (09.14.21 - 10.13.21) 238638 52210 $31.95 10/26/2021 SOUTHERN CALIFORNIA EDISON 22745 SUNSET CROSSING ROAD (09.14.21 - 10.13.21) 238638 52210 $16.66 10/26/2021 SOUTHERN CALIFORNIA EDISON 3564 BREA CANYON ROAD (09.14.21 - 10.13.21) 238638 52210 $15.86 10/26/2021 SOUTHERN CALIFORNIA EDISON CITY HALL (09.14.21 - 10.13.21) 100620 52210 $13,593.17 5.2.b Packet Pg. 20 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 10/26/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1611 S BREA CANYON TC-1 100655 52210 $69.38 10/26/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1450 BRIDGEGATE & VARIOUS TC-1 100655 52210 $499.72 10/26/2021 SOUTHERN CALIFORNIA EDISON GS-1 1215 S. BREA CANYON 100655 52210 $102.59 10/26/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 801 S. LEMON AVE & VARIOUS TC-1 100655 52210 $332.77 CHECK TOTAL $47,610.70 3689 10/26/2021 TRANE SERVICE GROUP INC CITY HALL INDOOR AIR QUALITY PROJECT 504620 56100 $44,908.00 CHECK TOTAL $44,908.00 3690 10/26/2021 TYLER TECHNOLOGIES INC IMPLEMENTATION OF FINANCE ERP SYSTEM 503230 56135 $12,800.00 10/26/2021 TYLER TECHNOLOGIES INC IMPLEMENTATION OF FINANCE ERP SYSTEM 503230 56135 $1,400.00 10/26/2021 TYLER TECHNOLOGIES INC IMPLEMENTATION OF FINANCE ERP SYSTEM 503230 56135 $1,400.00 CHECK TOTAL $15,600.00 3691 10/26/2021 VALLEY VISTA SERVICES , INC. STREET SWEEPING SERVICES (SEP) 100655 55510 $13,712.94 CHECK TOTAL $13,712.94 3692 10/26/2021 ABSOLUTE SECURITY INTERNATIONAL INC SEPTEMBER SECURITY GUARD SERVICES 100510 55330 $756.00 CHECK TOTAL $756.00 3693 10/26/2021 ACCESSDATA GROUP INC FTK ANNUAL RENEWAL 100230 52314 $1,259.44 CHECK TOTAL $1,259.44 3694 10/26/2021 AIRGAS INC CYLINDER RENTAL & HELIUM 100630 51200 $9.54 10/26/2021 AIRGAS INC CYLINDER RENTAL & HELIUM 100520 51200 $95.40 CHECK TOTAL $104.94 3695 10/26/2021 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (AFTER HOURS @ DBC) 100510 52320 $75.00 10/26/2021 ANIMAL PEST MANAGEMENT SERVICES INC PEST CONTROL (DBC) 100510 52320 $425.00 CHECK TOTAL $500.00 3696 10/26/2021 BALOGH JULIANNA INSTRUCTOR PAYMENT - FALL 2021 ART 100520 55320 $90.00 5.2.b Packet Pg. 21 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $90.00 3697 10/26/2021 NAILA ASAD BARLAS STIPEND-PC MTG 8/24/21 100410 52525 $65.00 10/26/2021 NAILA ASAD BARLAS STIPEND-PC MTG 9/14/21 100410 52525 $65.00 10/26/2021 NAILA ASAD BARLAS STIPEND-PC MTG 9/28/21 100410 52525 $65.00 CHECK TOTAL $195.00 3698 10/26/2021 ROBYN A BECKWITH PLANT MAINTENANCE FOR SEPT. 2021 100620 52320 $541.50 CHECK TOTAL $541.50 3699 10/26/2021 BONTERRA PSOMAS MIT MONITORING-TRACT 53670-8/27 TO 9/30/21 100 22107 $569.34 CHECK TOTAL $569.34 3700 10/26/2021 KATHY BREAUX INSTRUCTOR PAYMENT - FALL 2021 - YOUTH ART 100520 55320 $112.80 CHECK TOTAL $112.80 3701 10/26/2021 BULLSEYE TELECOM INC ANALOG PHONE LINES - OCT 2021 100230 52200 $1,699.75 CHECK TOTAL $1,699.75 3702 10/26/2021 CAL POLY POMONA FOUNDATION INC AD FOR DBRW 100150 54900 $918.00 CHECK TOTAL $918.00 3703 10/26/2021 CHICAGO TITLE COMPANY HOME IMP PROGRAM-RECORDING FEES-370 BALLENA HIP254 225440 54900 $95.00 CHECK TOTAL $95.00 3704 10/26/2021 CRAFCO INC ROAD MAINTENANCE SUPPLIES 100655 51250 $1,746.86 CHECK TOTAL $1,746.86 3705 10/26/2021 DAVID EVANS AND ASSOCIATES INC GRAND/GSD INTERSECTION - SEPT 2021 301610 56105 $488.25 CHECK TOTAL $488.25 3706 10/26/2021 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $128.00 CHECK TOTAL $128.00 3707 10/26/2021 DMPR 4 LLC STORAGE RENTAL UNITS; NOV 2021 100130 52302 $1,233.00 CHECK TOTAL $1,233.00 3708 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-7/13/21 PC STAFF RPT - 1114 DB BL 100 22107 $22.75 5.2.b Packet Pg. 22 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAYMAIL-8/13/21 PC STAFF RPT- 1114 DB BL 100 22107 $22.75 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAYMAIL-7/13/21 PC STAFF RPT- 2335 DB BL 100 22107 $22.75 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAYMAIL-7/13/21 STAFF RPT-2335 DB BL 100 22107 $22.75 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-7/13/21 PC STAFFRPT- 20657 GOLDEN SPG 100 22107 $22.75 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAYMAIL-7/13/21 PC STAFF RPT- 20657 GOLDEN SPG 100 22107 $22.75 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-7/13/21 PC STAFF RPT- 3333 DIA CYN 100 22107 $22.75 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-7/27/21 PC AGENDA- CITY ATTY 100410 52170 $22.75 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-7/27/21 STAFF RPT TO APPL-20657 GS 100 22107 $22.75 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-7/27/21 PC STAFF RPT - 3333 DIA CYN 100 22107 $22.75 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAYMAIL-7/27/21 PC STAFF RPT- 20657 GOLDEN SPG 100 22107 $22.75 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAYMAIL-7/27/21 PC STAFF RPT- 3333 DIA CYN 100 22107 $22.75 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-7/13/21 PC STAFF RPT- 3333 DIA CYN 100 22107 $22.75 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-8/24/21 PC AGENDA STAFF RPT-2751 DB 100 22107 $22.75 10/26/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-8/24/21 PC AGENDA STAFF RPT-2751 DB 100 22107 $22.75 CHECK TOTAL $341.25 3709 10/26/2021 FEDERAL EXPRESS CORPORATION EXPRESS SVCS - GENERAL 100130 52170 $17.04 CHECK TOTAL $17.04 3710 10/26/2021 FRONTIER COMMUNICATIONS CORP SUMMARY BILL - INTERNET SERVICE 100230 54030 $365.10 10/26/2021 FRONTIER COMMUNICATIONS CORP SUMMARY BILL - INTERNET SERVICE OCT 2021 100230 54030 $775.00 CHECK TOTAL $1,140.10 3711 10/26/2021 GERALDINE KELLER INSTRUCTOR PAYMENT FALL 2021 - COOKIE DECORATION 100520 55320 $48.00 5.2.b Packet Pg. 23 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $48.00 3712 10/26/2021 GMI TRANSLATION SERVICES INC DB VILLAGE NOTICE TRANSLATION- CHINESE/KOREAN 100420 51200 $190.00 CHECK TOTAL $190.00 3713 10/26/2021 GRAFFITI CONTROL SYSTEMS GRAFFITI ABATEMENT-SEPTEMBER 2021 100430 55540 $2,975.00 CHECK TOTAL $2,975.00 3714 10/26/2021 HDL COREN & CONE CONTRACT SERVICES PROPERTY TAX - OCT-DEC 2021 100210 54010 $3,506.69 CHECK TOTAL $3,506.69 3715 10/26/2021 JACKSON'S AUTO SUPPLY/NAPA VEHICLE MAINTENANCE (LICENSE #1363852) 502630 52312 $117.70 CHECK TOTAL $117.70 3716 10/26/2021 JASON VERHOLTZ BACKFLOW TESTING SERVICES 100620 52320 $200.00 CHECK TOTAL $200.00 3717 10/26/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - JULY 2021 201610 54200 $627.25 10/26/2021 JOHN L HUNTER & ASSOC INC NPDES - 2176 ROCKY VIEW 100 22109 $90.00 10/26/2021 JOHN L HUNTER & ASSOC INC NPDES - 2244 INDIAN CREEK 100 22109 $429.75 10/26/2021 JOHN L HUNTER & ASSOC INC NPDES - TR53430/MILLENNIUM 100 22109 $90.00 10/26/2021 JOHN L HUNTER & ASSOC INC NPDES - TR53670 - LOT 5 100 22109 $90.00 10/26/2021 JOHN L HUNTER & ASSOC INC NPDES - 22589 PACIFIC LANE 100 22109 $90.00 10/26/2021 JOHN L HUNTER & ASSOC INC NPDES - 850 BREA CANYON 100 22109 $90.00 CHECK TOTAL $1,507.00 3718 10/26/2021 K7 ENTERPRISES SIGNS FOR STATE OF THE CITY EVENT 100240 52110 $308.16 CHECK TOTAL $308.16 3719 10/26/2021 KENNETH L MOK STIPEND-PC MTG 8/24/21 100410 52525 $65.00 10/26/2021 KENNETH L MOK STIPEND-PC MTG 9/14/21 100410 52525 $65.00 10/26/2021 KENNETH L MOK STIPEND-PC MTG 9/28/21 100410 52525 $65.00 CHECK TOTAL $195.00 3720 10/26/2021 LOOMIS COURIER SVCS - SEPTEMBER 2021 100210 54900 $699.41 10/26/2021 LOOMIS COURIER SVCS - SEPTEMBER 2021 100510 54900 $699.41 5.2.b Packet Pg. 24 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $1,398.82 3721 10/26/2021 MAHENDRA GARG STIPEND-PC MTG 8/24/21 100410 52525 $65.00 10/26/2021 MAHENDRA GARG STIPEND-PC MTG 9/14/21 100410 52525 $65.00 10/26/2021 MAHENDRA GARG STIPEND-PC MTG 9/28/21 100410 52525 $65.00 CHECK TOTAL $195.00 3722 10/26/2021 MICHAEL BAKER INTERNATIONAL INC CANYON LOOP TRAIL ENV; SEPT 2021 301630 56104 $1,400.00 CHECK TOTAL $1,400.00 3723 10/26/2021 MICHAEL BALLIET CONSULTING LLC SOLID WASTE CONSULTING SERVICES 250170 54900 $5,801.25 CHECK TOTAL $5,801.25 3724 10/26/2021 MOSS CONSULTING HOME IMPROVEMENT ADMIN SERVICES- JULY & AUG 2021 225440 54900 $6,080.00 CHECK TOTAL $6,080.00 3725 10/26/2021 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $277.50 10/26/2021 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $612.50 CHECK TOTAL $890.00 3726 10/26/2021 OFFICE OF THE STATE CONTROLLER FTB OFFSET - JUL - SEPT 2021 100210 54900 $128.94 CHECK TOTAL $128.94 3727 10/26/2021 OFFICE SOLUTIONS OFFICE SUPPLIES 100240 51200 $34.59 10/26/2021 OFFICE SOLUTIONS DBC OFFICE SUPPLIES 100510 51200 $148.89 10/26/2021 OFFICE SOLUTIONS DEPARTMENT SUPPLIES-PLANNING 100410 51200 $20.64 10/26/2021 OFFICE SOLUTIONS DEPARTMENT SUPPLIES-PLANNING 100410 51200 $24.34 10/26/2021 OFFICE SOLUTIONS DEPARTMENT SUPPLIES-PLANNING 100410 51200 $24.09 10/26/2021 OFFICE SOLUTIONS DEPT SUPPLIES-BUILDING AND SAFETY- SEPT 2021 100420 51200 $73.14 10/26/2021 OFFICE SOLUTIONS DEPT SUPPLIES-BUILDING & SAFETY-SEPT 2021 100420 51200 $15.03 10/26/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $6.95 10/26/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $1.55 5.2.b Packet Pg. 25 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 10/26/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $10.77 10/26/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $6.19 10/26/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $124.51 10/26/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $1.76 10/26/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $22.94 10/26/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - SOLID WASTE MANAGEMENT 250170 51200 $257.78 CHECK TOTAL $773.17 3728 10/26/2021 ONE TIME PAY VENDOR AMIRA HENEIN CLEANING DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 3729 10/26/2021 ONE TIME PAY VENDOR DAVID SHIN REFUND OF 20% DISCOUNT FOR 2 CLASS/SESSION 100 20202 $29.80 CHECK TOTAL $29.80 3730 10/26/2021 ONE TIME PAY VENDOR EMMANUEL GUERRERO CLEANING DEPOSIT REFUND 100 20202 $200.00 CHECK TOTAL $200.00 3731 10/26/2021 ONE TIME PAY VENDOR GERRIE FLORES CLEANING DEPOSIT REFUND 100 20202 $200.00 CHECK TOTAL $200.00 3732 10/26/2021 ONE TIME PAY VENDOR HANA DAO SPALSHBALL CLASS CANCELLED - FULL REFUND 100 20202 $220.00 CHECK TOTAL $220.00 3733 10/26/2021 ONE TIME PAY VENDOR JIGNESH MEHTA CLEANING AND ALCOHOL DEPOSIT REFUND 100 20202 $1,223.00 CHECK TOTAL $1,223.00 3734 10/26/2021 ONE TIME PAY VENDOR MARY OKWANDU CLEANING DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 3735 10/26/2021 ONE TIME PAY VENDOR NORA RODRIGUEZ CLEANING AND ALCOHOL DEPOSIT REFUND 100 20202 $1,450.00 CHECK TOTAL $1,450.00 3736 10/26/2021 ONE TIME PAY VENDOR QINYAN ZHOU WATER POLO CLASS CANCELLED - FULL REFUND 100 20202 $110.00 CHECK TOTAL $110.00 5.2.b Packet Pg. 26 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 3737 10/26/2021 ONE TIME PAY VENDOR RACING PARTY EVENTS REFUND OF VENDOR BOOTH FEE FOR CONCERT SHARE 100 20202 $150.00 CHECK TOTAL $150.00 3738 10/26/2021 ONE TIME PAY VENDOR RONAN UMALI CANCELATION REFUND 100 20202 $266.62 CHECK TOTAL $266.62 3739 10/26/2021 ONE TIME PAY VENDOR SAN GABRIEL VALLEY ECONOMIC PARTNERSHIP CLEANING AND ALCOHOL DEPOSIT REFUND 100 20202 $1,250.00 CHECK TOTAL $1,250.00 3740 10/26/2021 ONE TIME PAY VENDOR SOOKYOUNG BAE REFUND FOR CANCELLED CLASS DUE TO LOW ENROLLMENT 100 20202 $120.00 CHECK TOTAL $120.00 3741 10/26/2021 ONE TIME PAY VENDOR SOYOUN HWANG SPLASHBALL CLASS CANCELLED - FULL REFUND 100 20202 $220.00 CHECK TOTAL $220.00 3742 10/26/2021 ONE TIME PAY VENDOR TAHIRA HASHMI CLEANING DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 3743 10/26/2021 ONE TIME PAY VENDOR YUNYAN HUANG REFUND DUE TO CLASS CANCELLATION - LOW ENROLLMENT 100 20202 $120.00 CHECK TOTAL $120.00 3744 10/26/2021 ONE TIME PAY VENDOR APEX ROOFING COMPANY CD DEPOSIT REFUND 845 DARIUS 100 22105 $250.00 CHECK TOTAL $250.00 3745 10/26/2021 ONE TIME PAY VENDOR MANILYN AND IOSUA MATAU DEVELOPER DEPOSIT REFUND-20515 FLINTGATE DRIVE 100 22107 $1,343.59 CHECK TOTAL $1,343.59 3746 10/26/2021 ONE TIME PAY VENDOR MARIA ARAGO CD DEPOSIT REFUND 239 PALO CEDRO DR. 100 22105 $250.00 CHECK TOTAL $250.00 3747 10/26/2021 ONE TIME PAY VENDOR NEW PARADISE CONSTRUCTION REFUND - BLDG PERMIT PR20210001451 100 20604 $1.00 10/26/2021 ONE TIME PAY VENDOR NEW PARADISE CONSTRUCTION REFUND - BLDG PERMIT PR20210001451 100 20603 $1.30 10/26/2021 ONE TIME PAY VENDOR NEW PARADISE CONSTRUCTION REFUND - BLDG PERMIT PR20210001451 100 48020 $16.95 5.2.b Packet Pg. 27 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 10/26/2021 ONE TIME PAY VENDOR NEW PARADISE CONSTRUCTION REFUND - BLDG PERMIT PR20210001451 100 48020 $21.19 10/26/2021 ONE TIME PAY VENDOR NEW PARADISE CONSTRUCTION REFUND - BLDG PERMIT PR20210001451 100 48010 $423.91 CHECK TOTAL $464.35 3748 10/26/2021 ONE TIME PAY VENDOR SILVESTRE ROOFING CD DEPOSIT REFUND 757 LYONWOOD 100 22105 $250.00 CHECK TOTAL $250.00 3749 10/26/2021 ONE TIME PAY VENDOR SILVESTRE ROOFING CD DEPOSIT REFUND 20347 DAMIETTA AVENUE 100 22105 $250.00 CHECK TOTAL $250.00 3750 10/26/2021 PAPER RECYCLING & SHREDDING RECORDS DESTRUCTION DAY & CONSOLE SERVICE - OCT 250170 55000 $123.00 CHECK TOTAL $123.00 3751 10/26/2021 PROTECTION ONE INC BURGLAR ALARM (10.29.21 - 11.28.21) 100620 52320 $35.13 CHECK TOTAL $35.13 3752 10/26/2021 PUBLIC STORAGE #23051 STORAGE RENTAL UNIT; NOV 2021 100130 52302 $466.00 CHECK TOTAL $466.00 3753 10/26/2021 PYRO COMM SYSTEMS INC FIRE ALARM PROTECTION - C.H. (10.01.21 - 12.31.21) 100620 52320 $135.00 CHECK TOTAL $135.00 3754 10/26/2021 QUADIENT FINANCE USA INC POSTAGE METER SUPPLIES 100130 51200 $180.31 CHECK TOTAL $180.31 3755 10/26/2021 RAYMOND WALTER WOLFE STIPEND-PC MTG 8/24/21 100410 52525 $65.00 10/26/2021 RAYMOND WALTER WOLFE STIPEND-PC MTG 9/14/21 100410 52525 $65.00 10/26/2021 RAYMOND WALTER WOLFE STIPEND - PC MTG 9/28/21 100410 52525 $65.00 CHECK TOTAL $195.00 3756 10/26/2021 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - SEPT 2021 206650 55610 $285.00 10/26/2021 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - SEPT 2021 206650 55620 $1,140.00 10/26/2021 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - SEPT 2021 206650 55620 ($12.00) 10/26/2021 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - SEPT 2021 206650 55610 $48.40 10/26/2021 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - SEPT 2021 206650 55620 $193.60 5.2.b Packet Pg. 28 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $1,655.00 3757 10/26/2021 REINBERGER CORPORATION BUSINESS CARDS FOR COUNCIL 100140 52110 $86.51 CHECK TOTAL $86.51 3758 10/26/2021 SHEPPARD MULLIN RICHTER & HAMPTON PROFESSIONAL SERVICES-TRES HERMANOS; SEPT 2021 100120 54022 $725.68 CHECK TOTAL $725.68 3759 10/26/2021 SIMPSON ADVERTISING INC DESIGN DB CONNECTION NEWSLETTER NOV 100240 54900 $2,275.00 CHECK TOTAL $2,275.00 3760 10/26/2021 SOCIAL VOCATIONAL SERVICES LITTER AND WEED REMOVAL SERVICES (R.O.W. SEPT) 100645 55528 $2,909.00 CHECK TOTAL $2,909.00 3761 10/26/2021 SPECTRUM BUSINESS CABLE TV/INTERNET SERVICE - CITY HALL AUG-SEP 2021 100230 54030 $1,719.27 CHECK TOTAL $1,719.27 3762 10/26/2021 TALLEY & TALLEY LAW APC LEGAL SERVICES - BETTERMENT AGREEMENT AUG 2021 100120 54020 $1,066.00 10/26/2021 TALLEY & TALLEY LAW APC LEGAL SERVICES - BETTERMENT AGREEMENT SEPT 2021 100120 54020 $546.00 CHECK TOTAL $1,612.00 3763 10/26/2021 TASC FSA ADMIN FEES 100220 52515 $112.32 CHECK TOTAL $112.32 3764 10/26/2021 THE ARTINA GROUP A/P CHECKS 100210 52110 $919.25 CHECK TOTAL $919.25 3765 10/26/2021 THE COMDYN GROUP INC GIS SUPPORT - APRIL 2021 100230 54900 $1,509.17 CHECK TOTAL $1,509.17 3766 10/26/2021 THE GAS COMPANY 2900 BREA CANYON ROAD (09.13.21 - 10.14.21) 100630 52215 $64.80 CHECK TOTAL $64.80 3767 10/26/2021 THE RAPTOR SPORTS SCHOOL INC INSTRUCTOR PAYMENT FOR FALL 2021 SESSION 1 - SWIM 100520 55320 $1,260.00 CHECK TOTAL $1,260.00 3768 10/26/2021 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-CITY PAID-MTG TECH ERR- 21130 GOLDEN SPG 100410 52160 $582.50 5.2.b Packet Pg. 29 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 10/26/2021 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-PC MTG 10/26/21 DCA FAMILY DAY CARE HOMES 100410 52160 $552.50 10/26/2021 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-PC MTG 10/13/21 HOUSING ELEMENT UPDATE 100410 52160 $687.50 CHECK TOTAL $1,822.50 3769 10/26/2021 TRIFYTT SPORTS LLC CONTRACT CLASS INSTRUCTOR - YOUTH SPORTS 100520 55320 $850.20 CHECK TOTAL $850.20 3770 10/26/2021 UNITED SITE SERVICES OF CALIFORNIA INC RESTROOM RENTALS - CONCERTS IN THE PARK WEEK 1 100520 52300 $1,220.93 CHECK TOTAL $1,220.93 3771 10/26/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES - DBC 100510 51210 $45.07 10/26/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $310.67 10/26/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $31.24 10/26/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $285.16 CHECK TOTAL $672.14 3772 10/26/2021 WEST COAST ARBORISTS INC TREE MAINTENANCE (09.01.21 - 09.15.21) 100645 55522 $3,679.55 CHECK TOTAL $3,679.55 3773 10/26/2021 WILLIAM AUSTIN RAWLINGS STIPEND-PC MTG 8/24/21 100410 52525 $65.00 10/26/2021 WILLIAM AUSTIN RAWLINGS STIPEND-PC MTG 9/14/21 100410 52525 $65.00 10/26/2021 WILLIAM AUSTIN RAWLINGS STIPEND-PC MTG 9/28/21 100410 52525 $65.00 CHECK TOTAL $195.00 GRAND TOTAL $1,768,480.22 5.2.b Packet Pg. 30 Agenda #: 5.3 Meeting Date: November 2, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: TREASURER'S STATEMENT. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve the July 2021 Treasurer’s Statement. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Consistent with City policy, the Finance Department presents the monthly Treasurer’s Statement to the City Council for review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City’s Investment Policy. PREPARED BY: 5.3 Packet Pg. 31 REVIEWED BY: Attachments: 1. 5.3.a Treasurer's Report - July 2021 2. 5.3.b Investment Report - July 2021 5.3 Packet Pg. 32 TOTAL CASH BREAKDOWN Active Funds   General Account $2,578,565.49 Payroll Account $49,745.58 Change Fund ‐ General Fund $2,000.00 Change Fund ‐ Prop A Fund $300.00 Petty Cash Account $500.00 Parking Account Minimum $250.00 Cash With Fiscal Agent $22,757.59 Cash With OPEB Trust $517,328.09 Total Active Funds $3,171,446.75 Investment Funds: Local Agency Investment Fund $39,396,134.67 Long Term Investments $12,629,385.05 Total Investment Funds $52,025,519.72    Total Cash and Investments $55,196,966.47   Fiscal Year‐To‐Date Effective Rate of Return 0.06% Fiscal Year‐To‐Date Interest Earnings $29,747.22 FY2021‐22 Budgeted Annual Interest Earnings $622,900.00 CITY OF DIAMOND BAR  ‐  CITY TREASURER'S REPORT AS OF JULY 31, 2021 5.3.a Packet Pg. 33 INVESTMENTS Federal Credit Union CD Local Agency Investment Fund Corporate Notes Federal Agency Callable Negotiable CO's -Bank Municipal Bonds Total Investments and Averages TOTAL INTEREST EARNED CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT 31-Jul-21 PERCENT OF BOOK VALUE PORTFOLIO TERM $994,000.00 1.91% 1,399 $39,396,134.67 75.72% 1 $1,731,879.16 3.33% 1,716 $1,499,315.42 2.88% 1,704 $6,429,000.00 12.36% 1,796 $1,975,190.47 3.80% 1,656 $52,025,519.72 100.00% 419 MONTH ENDING July 31, 2021 $29,747.22 DAYS TO YIELD TO MATURITY MATURITY 614 2.001 1 0.262 574 2.800 286 0.712 542 2.041 396 1.669 122 0.694 FISCAL YEAR-TO-DATE 2021-22 $29,747.22 I certify that this report accurately reflects all City pooled investments and is in conformity with the investment policy of the City of Diamond Bar approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. 5.3.bPacket Pg. 34 Par Investments Federal Credit Union CD 994,000.00 Local Agency Investment Funds 39.396,134.67 Corporate Notes 1,750,000.00 Federal Agency Callable 1,500,000.00 Negotiable CD 6,429,000.00 Municipal Bonds 1,975,000.00 52,044,134.67 Investments Total Current Year Average Daily Balance Effective Rate of Return 0.67% Reporting period 07/01/2021-07/31/2021 Run Date: 0012112021 -18:18 City of Diamond Bar Portfolio Management Portfolio Summary July 31, 2021 Market Book 1,004,191.09 39,399,403.37 39,396,134.67 1,801,434.25 1,731,879.16 1,500.560.50 1,499,315.42 6,560,301.39 6,429,000.00 1,983,116.13 1 ,975,190.47 52,249,006.73 52,025,519.72 Fiscal Date 29,747.22 44,832,873.05 0.06% %of Term 1,399 75.72 1 3.33 1,716 2.88 1,704 12.36 1,796 3.80 1,656 100.00% 419 Days to 574 286 542 396 122 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA (909)839-7053 YTMIC 0.262 2.800 0.712 2.041 1.669 0.666 Portfolio POOL AP PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 5.3.b Packet Pg. 35 CUSIP Investment# Issuer Average Balance Federal Credit Union CD 39573LAVO 49254FAG1 62384RACO 910160AH3 10255 10222 10207 10232 GREENSTATE CREDIT UNION Keesler Federal Credit Union Mountain Amer Fed Cr Union United Credit Union, ------ Subtotal 994,000.00 Local Agency Investment Funds LAIF Corporate Notes 037833AY6 166764AB6 89236TDK8 931142DH3 10028 10186 10214 10223 10216 Federal Agency Callable 3133EMSH6 3133EMVS8 3130AL7MO Negotiable CD 01859BAA3 02587DQ84 02587CEM8 05765lAl1 06740KKD8 066519QK8 05580AGE8 14042RFLO 17312QJ67 20033AUBO. 254672X37 Run Date: 09/21/2021 -18:18 10258 10259 10254 10206 10192 10195 10194 10204 10256 10188 10196 10213 10198 10182 Local Agency Investment Fund Subtotal and Average 39,513,235.18 Apple Inc Chevron Corp., Corporate Bond Toyota MTR Credit Corp Walmart Inc. Subtotal and Average Federal Farm Credit Bank Federal Farm Credit Bank Federal Home loan Bank Subtotal and Average Alliance Credit Union, CD American Express Bank American Express Bank Balboa Thrift & loan Barclays Bank BANK UNITED NA BMW Bank Capital One Bank CIT Bank Comenity Capital Bank Discover Bank 1,844,370.52 1,499,309.57 City of Diamond Bar Portfolio Management Portfolio Details -Investments July 31, 2021 Purchase Date 02126/2021 01/31/2019 11/0812017 08/2212019 02109/2017 05/30/2018 02/28/2019 06/27/2018 03/0312021 04/14/2021 02124/2021 10/1312017 04/26/2017 05/0312017 04128/2017 07/12/2017 03/0512021 0211712017 05/10/2017 04124/2018 05131/2017 1212112016 Par Value 248,000.00 249,000.00 248,000.00 249,000.00 994,000.00 39,396,134.67 39,396,134.67 250,000.00 500,000.00 500,000.00 500,000.00 1,750,000.00 500,000.00 500,000.00 500,000.00 1,500,000.00 247,000.00 247,000.00 247,000.00 248,000.00 247,000.00 248,000.00 248,000.00 247,000.00 248,000.00 248,000.00 248,000.00 Market Value 245,813.38 252,716.82 254,748.82 39,399,403.37 39,399,403.37 252,494.25 511,638.50 519,911.50 517,390.00 1,801,434.25 499,61}.00 503,163.00 497,780.50 1,500,560.50 253,259.72 251,280.51 251.307.93 251,571.94 251,973.35 245,731.79 250,824.22 251,314.35 259,826.62 252,693.15 250,066.34 Book. Value 248,000.00 249,000.00 248,000.00 39,396,134.67 39,396,134.67 Stated Rate 0.650 3.050 2.300 2.000 0.262 249,699.72 2.150 495,353.60 2.355 492,292.49 2.250 494,533.35 2.550 1,731,879.16 500,000.00 0.790 500,000.00 0.690 499,315.42 0.625 1,499,315.42 247,000.00 247,000.00 247,000.00 248,000.00 247,000.00 248,000.00 248,000.00 247,000.00 248,000.00 248,000.00 248,000.00 2.250 2.400 2.350 2.000 2.200 0.650 2.150 2.300 3.000 2.350 2.150 Page1 Days to Term Maturity YTM/C Maturity Date 1,826 1,670 0.650 02/26/2026 1,096 183 3.050 01/31/2022 1,826 464 2.300 11/08/2022 1,826 1,650 1,693 1,749 1,716 1,826 1,461 1,826 1,704 1,826 1,826 1,826 1,826 1,826 1,826 1,826 1,826 1,826 1,826 1,826 143 2.000 12/22/2021 614 2.001 0.262 0.262 192 2.395 0210912022 491 2.355 12105/2022 808 3.001 10/18/2023 618 3.251 04/11/2023 574 2.800 214 0.790 03/03/2026 621 0.690 04/14/2025 23 0.656 0212412026 286 0.712 438 2.251 1 0/13/2022 268 2.401 04126/2022 275 2.351 05/03/2022 270 2.000 04/28/2022 345 2.201 07/1212022 1,677 0.000 0310512026 200 2.151 02/1712022 282 2.301 05/1012022 631 3.002 04124/2023 303 2.350 0513112022 142 2.151 1212112021 Portfolio POOL AP PM (PRF _PMZ) 7.3.0 Repon Ver. 7.3.6.1 5.3.b Packet Pg. 36 CUSIP Investment# Issuer Average Balance Negotiable CD 29278TKJ8 87270LAJ2 319141GL5 33646CLXO 40434YBK2 45581EASO 8562845Z3 48128UDS5 58403B6R2 61747MH95 61760AZR3 70320KAX9 75472RAE1 795450ZW8 87164XPG5 Municipal Bonds 13032UXL7 13032UXM5 13077DFC1 13077DMK5 13063DADO 533018CZ8 752111JW5 10230 10205 10202 10248 10171 10212 10184 10250 10199 10209 10226 10257 10233 10190 10185 10252 10253 10218 10251 10193 10177 10176 Wells Fargo Sweep Account SWEEP 10036 Run Date: 09/21/2021 -18:18 EnerBank USA Everbank!Jacksonville FL First Bank of Highland Park First Source Bank HSBC Bank USA lndust & Comm Bank China State Bank of India JP Morgan Chase Medallion Bank Morgan Stanley Bank Morgan Stanley Bank Pathfinder Bank Raymond James Bank NA Sallie Mae Bank Synchrony Bank Subtotal and Average 6,429,000.00 CALIF STATE HLTH FAGS AUTH CALIF STATE HLTH FAGS AUTH California St Univ Rev-Bond California St Univ Rev-Bond California State HSG Fin AGY Lincoln Calif Pub Fing Auth Rancho Calif Wtr Dist Fin Auth Subtotal and Average 1,975,267.75 Wells Fargo Subtotal and Average 0.00 City of Diamond Bar Portfolio Management Portfolio Details-Investments July 31, 2021 Purchase Date Par Value Market Value 08/07/2019 08/16/2017 06/21/2017 03/11/2020 08/31/2016 03/29/2018 01/26/2017 05/28/2020 06/09/2017 02/01/2018 05/02/2019 03/11/2021 08/23/2019 03/22/2017 02/03/2017 11/04/2020 11/04/2020 08/02/2018 09/17/2020 04/27/2017 11/08/2016 10/18/2016 07/01/2012 247,000.00 247,000.00 247,000.00 242,000.00 248,000.00 248,000.00 248,000.00 248,000.00 248,000.00 246,000.00 246,000.00 249,000.00 247,000.00 247,000.00 248,000.00 6,429,000.00 200,000.00 250,000;00 150,000.00 100,000.00 250,000.00 525,000.00 500,000.00 1,975,000.00 0.00 0.00 258,715.70 252,375.71 251,454.89 246,239.36 245,371.20 258,987.14 250,812.32 251,544.17 252,398.28 255,028.20 261,179.68 247,212.43 257,732.15 250,650.91 250,749.33 6,560,301.39 200,664.40 250,834.00 151,039.20 100.400.10 253,741.50 526.436.93 500,000.00 1,983,116.13 0.00 0.00 Page2 Stated Days to YTMIC Maturity BookValue Rate Term Maturity Date 247,000.00 247,000.00 247,000.00 242,000.00 248,000.00 248,000.00 248,000.00 248,000.00 248,000.00 246,000.00 246,000.00 249,000.00 247,000.00 247,000.00 248,000.00 6,429,000.00 200,000.00 250,000.00 150,000.00 100,000.00 250,000.00 525,190.47 500,000.00 1,975,190.47 0.00 0.00 2.150 2.200 2.100 1.400 0.490 2.900 2.350 1.000 2.150 2.650 2.750 0.700 2.000 2.350 2.250 0.752 0.952 2.982 0.685 2.367 2.230 1.675 0.010 1,827 1,102 1,826 380 1,826 324 1,036 528 1,826 30 1,826 605 1,826 178 1,826 1,031 1,826 312 1,826 549 1,827 1,005 1,826 1,683 1,827 1,118 1,826 233 1,826 186 2.152 08/07/2024 2.201 08/16/2022 2.101 06/21/2022 1.401 01/11/2023 1.650 08/31/2021 2.902 03/29/2023 2.351 01/26/2022 1.001 05/28/2025 2.150 06/09/2022 2.651 02/01/2023 2.753 05/02/2024 0.000 03/11/2026 2.002 08/23/2024 2.351 03/22/2022 2.251 02/03/2022 1,796 542 2.041 1,305 1,670 1,187 1,506 1,800 1,788 1,748 1,656 0 1,035 1,400 92 1,188 243 61 0 0.752 06/01/2024 0.952 06/01/2025 2.979 11/01/2021 0.685 11/01/2024 2.367 04/01/2022 2.001 10/01/2021 1.500 08/01/2021 396 1.669 0.010 0 0.000 Portfolio POOL AP PM (PRF _PM2) 7.3.0 5.3.b Packet Pg. 37 CUSIP Investment# Run Date: 09/21/2021 · 18:18 Issuer Total and Average Average Balance 52,255,183.03 City of Diamond Bar Portfolio Management Portfolio Details -Investments July 31, 2021 Purchase Date Par Value 52,044,134.67 Market Value 52,249,006.73 Page3 Stated Days to YTM/C BookValue Rate Term Maturity 52,025,519.72 419 122 0.666 Portfolio POOL AP PM (PRF _PM2) 7.3.0 5.3.b Packet Pg. 38 Agenda #: 5.4 Meeting Date: November 2, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE OPEN MEETING LAWS. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Adopt Resolution No. 2021-48, providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Diamond Bar City Council, City Commissions and Subcommittees. FINANCIAL IMPACT: No financial impact. BACKGROUND/ANALYSIS: Due to the continued impact of the COVID-19 pandemic, the California Legislature passed AB 361, which authorizes a local agency to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees. On October 5, 2021, the City Council adopted Resolution No. 2021-43 making the necessary findings providing for the continued use of teleconference options in compliance with AB 361. In order to continue to have the ability to use the modified teleconferencing options, AB 361 requires that the City Council re-affirm its findings every 30 days. Conditions under which AB 361 may be utilized continue to exist as 5.4 Packet Pg. 39 described in the attached Resolution (Attachment 1). The City Council is currently going beyond what the Brown Act requires by holding meetings in person and by way of teleconference and allowing the public to participate in both forums. The provisions of AB 361 allowing the modified teleconferencing will expire January 1, 2024. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.4.a Resolution No. 2021-48 5.4 Packet Pg. 40 RESOLUTION NO. 2021-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, MAKING SPECIFIED FINDINGS RELATING TO THE USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE OPEN MEETING LAWS. WHEREAS, on March 4, 2020, California Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic; and WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor Newsom issued Executive Orders that required, among other things, residents of California to follow orders and guidance of local public health officials, including social distancing and masking requirements; and WHEREAS, existing California law, the Ralph M. Brown Act (“Brown Act”) requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public, that a physical location for such meetings be provided, and that the public be permitted to provide public comment during the meetings; and WHEREAS, the Brown Act permits members of legislative bodies to teleconference into public meetings subject to certain conditions, including that the place from which the member teleconferences be open to the public, that an agenda be posted on the site, and that the teleconference location be noticed in the agenda; and WHEREAS, in recognition that such public gatherings at such meetings could accelerate the spread of COVID-19, Governor Newsom’s Executive Orders suspended, among others, these Brown Act teleconferencing requirements to provide local agencies with greater flexibility to hold meetings via teleconferencing safely; and WHEREAS, pursuant to the Emergency Services Act (Government Code sections 8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the City Council of the City of Diamond Bar has proclaimed the continued existence of a local emergency resulting from the COVID-19 pandemic; and WHEREAS, as of September 30, 2021, the Governor’s Executive Order suspending the Brown Act’s teleconferencing requirements expired; and WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361, which authorizes a local agency to continue to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to 5.4.a Packet Pg. 41 Resolution No. 2021-48 2 promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, both Los Angeles County and state health officials continue to recommend social distancing due community spread of COVID-19; and WHEREAS, on October 5, 2021, the Diamond Bar City Council adopted Resolution No. 2021-43 making findings and providing for the use of teleconferencing options authorized by AB 361; and WHEREAS, the Diamond Bar City Council must approve a Resolution reaffirming that the requirements set forth in Assembly Bill 361 exist every 30 days in order to allow members of its legislative bodies to utilize the provisions of Assembly Bill 361 when attending public meetings via teleconferencing; and WHEREAS, notwithstanding that the City’s legislative bodies, as defined by the Brown Act, are now holding modified public meetings in person, there may be situations in which a member of one of these legislative bodies decides not to attend in person due to a particular health or safety risk posed by such attendance and as such, it is the City Council’s desire to permit members of its legislative bodies to attend by way of teleconference pursuant to Assembly Bill 361 due to health and safety concerns associated with COVID-19. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Diamond Bar as follows: 1. That the above recitals are true and correct. and based thereon, that the spread and potential further spread of COVID-19 poses an imminent risk to the public health and safety. 2. That a state of emergency due to the COVID-19 pandemic continues to exist and at the time that this Resolution was adopted both Los Angeles County and State health officials are recommending social distancing to slow the spread of COVID-19. 3. That meeting in person may pose an imminent risk to the health and safety of some attendees, including members of the City’s legislative bodies, who due to age, health conditions, or vaccination status, have a higher risk of contracting COVID-19 and are more likely to get severely ill and in some cases, die from COVID-19. 4. That during the effective period of this Resolution and any reaffirmation thereof, members of the legislative bodies of the City of Diamond Bar may participate in meetings subject to the Brown Act by way of teleconference in accordance with Assembly Bill 361. 5.4.a Packet Pg. 42 Resolution No. 2021-48 3 5. That if a member of a legislative body of the City of Diamond Bar teleconferences into a meeting subject to the Brown Act due to an imminent health and safety risk arising out of COVID-19, the meeting shall be held in accordance with AB 361 by, among other things, providing notice to the public how it can access the meeting and provide public comment, providing an opportunity for the public to attend via a call-in or an internet-based service option, conducting the meeting in a manner which protects the statutory and constitutional rights of the public, and stopping the meeting until public access is restored in the event of a service disruption. 6. The requirements of AB 361 shall only apply in the event that a member of a legislative body of the City of Diamond Bar desires to attend a meeting subject to the Brown Act by way of teleconference due to concerns that attending such a meeting poses an imminent risk to his or her health and safety or those in attendance arising out of the COVID-19 pandemic. If a member of a legislative body of the City of Diamond desire to attend a meeting by way of teleconferencing for some other reason, all Brown Act teleconferencing requirements shall apply. IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its adoption date and must be affirmed/acknowledged every 30 days by the City Council of the City of Diamond Bar in order for the provisions of Assembly Bill 361 to continue to apply to teleconferencing by members of the legislative bodies of the City of Diamond Bar. PASSED, APPROVED AND ADOPTED this 2nd day of November, 2021. THE CITY OF DIAMOND BAR ___________________________ Nancy Lyons, Mayor [Attestation continued on the following page] 5.4.a Packet Pg. 43 Resolution No. 2021-48 4 ATTEST: I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a regular meeting held on the 2nd day of November, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ___________________________ Kristina Santana, City Clerk 5.4.a Packet Pg. 44 Agenda #: 5.5 Meeting Date: November 2, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH MV CHENG & ASSOCIATES, INC. FOR TEMPORARY ACCOUNTING STAFFING SERVICES STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the First Amendment to the Consultant Services Agreement with M.V. Cheng & Associates, Inc. FINANCIAL IMPACT: The First Amendment would increase the total not-to-exceed compensation under the Agreement by $60,000 for a total of $105,000. Sufficient funds are available in the FY 2021/22 operating budget to cover the cost of such services. BACKGROUND/ANALYSIS: The City’s Finance Department experienced back-to-back retirements from the full-time Accountant and Senior Accountant incumbents in June and September 2021 respectively. Following the first retirement, the City engaged temporary accounting staffing services from M.V. Cheng and Associates to fill the gap while the departmental operations were evaluated and subsequent recruitments were conducted. The Senior Accountant position was reclassified to a Finance Supervisor position during the September 21st City Council meeting. Both the Accountant and Finance Supervisor recruitments are moving along expeditiously and should be filled by the end of the calendar year. The proposed First Amendment to the Consulting Services Agreement would extend the no-to-exceed amount by $60,000 for a new total of $105,000. There are many daily routine and complex tasks in addition to an upcoming audit that need to be completed by the Finance Department. The temporary accounting staff are able to assist with 5.5 Packet Pg. 45 those tasks and assignments until the full-time City positions are filled. The current estimates are based on required work efforts required through January 2022. Based on the actual start dates of the Accountant and Finance Supervisor, not all of the additional funding may be needed. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.5.a First Amendment to Consulting Services Agreement MV Cheng & Associates Inc. 5.5 Packet Pg. 46 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT (MV Cheng & Associates, Inc.) This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of November 2, 2021, by and between the City of Diamond Bar, a municipal corporation (“City”), and MV Cheng & Associates, Incorporated (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 29, 2021, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of forty-five thousand dollars ($45,000). Section 3 of the Original Agreement is hereby amended to provide for an increase of sixty thousand dollars ($60,000) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed one hundred and five thousand Dollars ($105,000) without the prior authorization of the City. 5. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written. 5.5.a Packet Pg. 47 5.5.a Packet Pg. 48 Agenda #: 5.6 Meeting Date: November 2, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: INTENT TO DISSOLVE LANDSCAPE ASSESSMENT DISTRICT NO. 39 AND INITIATION OF FORMATION OF NEW LANDSCAPE ASSESSMENT DISTRICT NO. 39-2022. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Adopt Resolution No. 2021-49 to declare the City’s intention to dissolve Landscape Assessment District No. 39 and direct staff to advertise the public hearing before the Council at the January 18, 2022 regular meeting, and B. Adopt Resolution No. 2021-50 initiating proceedings for the formation of a Landscape Assessment District (No. 39-2022) pursuant to provisions of Division 15, part 2, of the Streets and Highways Code of the State of California, and designating SCI Consulting Group as the Engineer of Record. FINANCIAL IMPACT: In FY 2021-22, District No. 39’s assessment revenue is $294,764, which, combined with a fund balance of $400 necessitated a General Fund subsidy of $99,133 to cover the existing District’s total operating budget of $394,297. Dissolving the existing District and forming a new district with the intent to be self-supporting will relieve the General Fund of this burden. BACKGROUND: Assessment District No. 39 (District) was created in 1985 to pay for the maintenance and upkeep of certain landscape and recreation features in the neighborhood. The District was formed upon the request of the original developer of the neighborhood. At that time before the 1989 incorporation of the City of Diamond Bar, the County of Los Angeles approved the formation of this District and provided maintenance and administration. Upon incorporation in 1989, the City took over the District. The District 5.6 Packet Pg. 49 was created to be self-supporting with the ability of the County (and, subsequently, the City) to set assessment levels sufficient to raise the required revenues. In 1996 California voters approved Proposition 218, which changed the legal requirements of increasing assessments such as these. From that year forward any increase in assessments would need to be approved by a vote of the property owners within the District by a simple majority (50% plus 1) of returned ballots (with votes weighted by the amount of the individual assessment). This new requirement effectively froze assessment levels for most assessment districts across the State, including District No. 39. For a few years, costs increases were modest and fiscal reserves were sufficient to fund maintenance activities. Once the reserves were depleted, the City’s General Fund was utilized to cover the shortfalls. Because the District was originally structured to be self-supporting, this burden on the General Fund was unintended and is unsustainable. The simplest remedy is to increase assessments for the District to cover costs. Other options include scaling back landscape services to fit within available revenues or dissolving the District and ceasing all services. After years of study and debate, the City Council initiated a new assessment district formation in 2019 pursuant to Proposition 218 procedures to put increased assessments in place. The result of that ballot process was an overwhelming rejection of the City’s proposed assessments (with only 21.24% support). The City proceeded to continue with the previous assessment levels for the two following fiscal years. In early 2021 the City began proceedings to dissolve the District aimed at unburdening the General Fund of its annual subsidy, thereby relinquishing certain maintenance responsibilities and transferring them to various homeowners. On March 16, 2021, the City Council adopted Resolution No. 2021-10 declaring its intent to dissolve the District. But on April 28, 2021, the City received a signed petition/letter from a group of residents requesting the City Council to postpone the dissolution process and, once again, explore the creation of a replacement district that could be self-supporting. On May 4, 2021, the City Council voted to continue the public dissolution hearing to the May 18, 2021 meeting at which time the dissolution motion died for lack of a second, but passed Resolution No. 2021-20 directing the City Engineer to prepare and file a report related to the maintenance of improvements in the existing District 39 for another year (FY 2021-22). Finally, on September 21, 2021, the City Council directed staff to explore a new replacement assessment district with the following necessary steps: to dissolve District No. 39, to initiate the Proposition 218 process to form a new district (No. 39-2022), to approve a contract amendment with SCI Consulting Group (SCI) for assessment engineering services, and to approve a contract with NBS Government Finance Group (NBS) to provide public outreach/engagement services. ANALYSIS: The two actions requested for tonight’s meeting are: 1) to initiate dissolution proceeding for the existing District No. 39 through a resolution declaring the City’s intent; and 2) to 5.6 Packet Pg. 50 formally initiate proceedings pursuant to the Landscape and Lighting Act of 1972 and compliant with Proposition 218 to form a new landscape assessment district (District No. 39-2022) by adopting a resolution ordering the City Engineer to prepare and file a report related to the maintenance of improvements and any assessments thereon for Fiscal Year 2022-23 and designating SCI as the Engineer of Work. This work will occur concurrently with efforts by staff and NBS to engage the community and facilitate the process of achieving an expanded reach and deepen community outreach while keeping the City’s neutrality. The outreach process has began and more information on the community engagement efforts on this process is available at https://www.diamondbarca.gov/LAD39. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolutions as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.6.a Resolution 2021-49 (District 39 Dissolution Intent) 2. 5.6.b Resolution 2021-50 (District 39-2022 Formation Initiation) 5.6 Packet Pg. 51 1633202.1 RESOLUTION NO. 2021-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING THE CITY’S INTENT TO DISSOLVE LANDSCAPE MAINTENANCE DISTRICT NO. 39 AND DIRECT STAFF TO ADVERTISE A PUBLIC HEARING TO BE HELD AT THE JANUARY 18, 2022 CITY COUNCIL REGULAR MEETING WHEREAS, Landscape Assessment District No. 39 (“District”) was created by the County of Los Angeles pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.); and WHEREAS, upon incorporation in 1989, the City of Diamond Bar (“City”) assumed jurisdiction over the District; and WHEREAS, the District is comprised of five (5) City-owned mini-parks, City-owned trails, 15 acres of private slopes, 39 acres of private open space areas, and other landscape and irrigation improvements (“Improvements”); and WHEREAS, the District is bound on the west by Diamond Bar Boulevard and on the east by the City limits, as shown on Exhibit “A”; and WHEREAS, the District comprises 1,249 parcels, with an annual assessment rate of $236 per parcel; and WHEREAS, the District was originally created at the request of the developer of the property within the District and structured in a manner in which the revenue generated from the assessments would pay the entire cost for maintaining the Improvements, but since Fiscal Year 2008/09 the revenue has been insufficient to cover such costs, resulting in public tax dollars being used to subsidize the cost of maintaining private property; and WHEREAS, in 1996, Article XIIIC and Article XIIID were added to the California Constitution by Proposition 218 (“Prop 218”), eliminating the ability of the City Council to increase assessments to pay the maintenance costs and instead, requiring that any increases in District assessments be approved by a weighted majority of the property owners voting thereon; and WHEREAS, in order to have the District self-support its maintenance as originally structured the City proposed an increase in the District assessment fee in 2019, but the proposed increase was overwhelmingly rejected (78.76% to 21.24%) by property owners within the District; and WHEREAS, property owners within the District requested a second opportunity to consider increasing assessments in a sufficient amount to pay for the cost of maintaining the Improvements; and 5.6.a Packet Pg. 52 Resolution No. 2021-49 2 WHEREAS, the City Council has agreed to provide a second opportunity for property owners to vote upon the increased assessments; and WHEREAS, the method chosen by the City for providing this second opportunity is to dissolve the existing District and have the property owners vote to create a new District 39-2022 with increased assessments sufficient to cover the cost of maintaining the Improvements; and WHEREAS, for the reasons set forth above, the City declares its intent to dissolve the District pursuant to California Streets and Highways Code section 22610 and cease the levy and collection of assessments against parcels of land within the District beginning on July 1 of the 2022-23 Fiscal Year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The Recitals, as set forth above, are in all respects true and correct such Recitals are incorporated herein by reference. Section 2. The public interest and convenience require, and it is the intention of the City Council, to dissolve the District, pursuant to Division 15, Part 2, Chapter 2, Sections 22605 et seq. of the California Streets and Highways Code, as of July 1, 2022, for the maintenance of the Improvements. Section 3. A general description of the maintenance activities and Improvements is as follows: The maintenance, and servicing of the Improvements, including, but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control, weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance or servicing of related work shall be within the area of the District as shown on Exhibit “A”, as attached hereto and incorporated herein by reference. Section 4. Upon the District’s dissolution and provided that District 39-2022 is not approved by the required majority vote, the City will cease providing any services or maintenance on private property in the District, but will continue to maintain existing public trails and the five (5) public mini-parks through its own revenues. In such an event, the maintenance of the private property within the District will become the responsibility of the underlying property owners who will be required to maintain the property in accordance with City ordinances. A detailed map of the maintenance areas within the District is available for inspection with the Public Works Director/City Engineer. 5.6.a Packet Pg. 53 Resolution No. 2021-49 3 Section 5. Upon the District’s dissolution, the City will cease the levy and collection of assessments against parcels of land within the District beginning on July 1 of the 2022/23 Fiscal Year. Section 6. The City Council hereby fixes 6:30 p.m. on January 18, 2022, as the time for a hearing on the question of the dissolution of the District. Section 7. The City Clerk shall certify to the adoption of this resolution and staff shall: (1) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. (2) Give mailed notice of hearing to the property owners in the District consistent with applicable law. PASSED, APPROVED AND ADOPTED this 2nd day of November 2021. THE CITY OF DIAMOND BAR Nancy A. Lyons, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 2nd day of November 2021, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Kristina Santana, City Clerk 5.6.a Packet Pg. 54 Resolution No. 2021-49 4 EXHIBIT A District No. 39-2022 5.6.a Packet Pg. 55 RESOLUTION NO. 2021-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT (NO. 39-2022) PURSUANT TO PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND DESIGNATING SCI CONSULTING GROUP AS THE ENGINEER OF RECORD WHEREAS, the City Council hereby proposes the formation of a landscaping and lighting district pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California Streets and Highways Code. Sections 22500 et seq., (the “Act”); and WHEREAS, the purpose of the proposed landscaping and lighting district shall be to install, maintain and service improvements as described in Section 2 below. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The new landscaping and lighting district proposed in this Resolution is hereby given the distinctive designation of Landscape Maintenance District No. 39- 2022 (hereafter “District 39-2022”), the boundaries of which consists of all of the property as more particularly shown in the attached Exhibit “A”, which is incorporated herein by this reference. Section 2. It is proposed that District 39-2022 undertake the maintenance of various improvements including five City-owned mini-parks, City-owned trails, 15 acres of private slopes, and 39 acres of private open space areas with the District through installation, maintenance, and servicing of public and/or private areas and facilities, including but not limited to, landscaping, sprinkler systems, landscape corridors, ground cover, shrubs and trees, street frontages, lighting, fencing, entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable. Installation includes the construction of landscape improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage, and lights. Maintenance includes the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of said improvements, including (a) repair, removal, or replacement of all or part of any improvement; (b) providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (c) the removal of trimmings, rubbish, debris, and other solid waste; and (d) the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing includes the furnishing of (a) electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, and (b) water for the irrigation of any 5.6.b Packet Pg. 56 Resolution No. 2021-50 2 landscaping, the operation of any fountains, or the maintenance of any other improvements. Section 3. SCI Consulting Group is hereby designated as the Engineer of Record for purposes of these proceedings and is hereby ordered to prepare an Engineer's Report in accordance with Article 4 of Chapter 1 of the Act and Article XIIID of the California Constitution. Upon completion, the Engineer shall file the Engineer's Report with the City Clerk for submission to the City Council to consider whether to continue proceedings for formation of District 39-2022. PASSED, APPROVED AND ADOPTED this 2nd day of November 2021. THE CITY OF DIAMOND BAR Nancy A. Lyons, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 2nd day of November 2021, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Kristina Santana, City Clerk 5.6.b Packet Pg. 57 Resolution No. 2021-50 3 EXHIBIT A District No. 39-2022 5.6.b Packet Pg. 58 Agenda #: 5.7 Meeting Date: November 2, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: NOTICE OF COMPLETION FOR THE DIAMOND BAR BOULEVARD STREET REHABILITATION FROM PATHFINDER ROAD TO MOUNTAIN LAUREL WAY PROJECT - PROJECT NO. SI20101. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve, and authorize the Public Works Director to file a Notice of Completion. FINANCIAL IMPACT: The final construction cost of the Project is $1,058,790.80, which is $104,464.20 under the total authorization amount of $1,163,255 (Construction Contract Agreement: $1,057,505, Contingency: $105,750). BACKGROUND/DISCUSSION: The Project included a grind and overlay, ADA curb ramp improvements, and localized sidewalk repairs of approximately 1 mile of Diamond Bar Boulevard from Pathfinder Road to Mountain Laurel Way. The City Council awarded a construction contract to RJ Noble Company, Inc. on April 20, 2021 in an amount not to exceed $1,057,505, plus a contingency amount of $105,750 for a total authorization amount of $1,163,255. The City authorized the Notice to Proceed for construction on June 7, 2021. RJ Noble Company, Inc. completed all required work on August 9, 2021. There were two Change Orders associated with this Project dated July 21, 2021 and September 15, 2021 for the repair or improvement of additional curb & gutter, sidewalk, a bus pad and detection loops, and an increase of one (1) working day. There were also reductions in the construction scope after field inspections of the milled roadway revealed better than expected pavement conditions, resulting in cost savings. The Change Orders and cost 5.7 Packet Pg. 59 savings resulted in a combined total increase of $1,285.80, bringing the final construction cost of the Project to $1,058,790.80. PREPARED BY: REVIEWED BY: Attachments: 1. 5.7.a Notice of Completion - RJ Noble 5.7 Packet Pg. 60 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21810 Copley Drive Diamond Bar, CA 91765 4. The nature of the interest or estate of the owner is; “In fee” (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”) 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on August 9, 2021. The work done was: Diamond Bar Boulevard Street Rehabilitation from Pathfinder Road to Mountain Laurel Way Project - Project No. SI20101 7. The name of the contractor, if any, for such work of improvement was RJ Noble Company, Inc. April 20, 2021 (If no contractor for work of improvement as a whole, insert “none”) (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows. Diamond Bar Boulevard from Pathfinder Road to Mountain Laurel Way. 9. The street address of said property is “none” (If no street address has been officially assigned, insert “none”) CITY OF DIAMOND BAR Dated: Verification for Individual Owner Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Director of Public Works / City Engineer the declarant of the foregoing (“resident of”, “Manager of,” “A partner of,” “Owner of,” etc.) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 , at Diamond Bar , California. (Date of signature) (City where signed) (Personal signature of the individual who is swearing that the contents of the notice of completion are true) 5.7.a Packet Pg. 61 DO NOT RECORD REQUIREMENTS AS TO NOTICE OF COMPLETION A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093. The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in-interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co- owners (in fact, the foregoing form is designed for giving of the notice by only one covenant), but the names and addresses of the other co- owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor o r transferors. In paragraphs 3 and 5, the full address called for should include street number, city, county and state. As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the works “A work of improvement” from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., “The foundations for the improvement”); (2) Insert the name of the contractor under the particular contract in paragraph 7. In paragraph 7 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need be given if there is no general contractor, e.g., on so-called “owner-builder jobs.” In paragraph 8, insert the full legal description, not merely a street address or tax description. Refer to deed or policy o f title insurance. If the space provided for description is not sufficient, a rider may be attached. In paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority. 5.7.a Packet Pg. 62 Agenda #: 6.1 Meeting Date: November 2, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: ADOPTION OF THE 2021-2029 HOUSING ELEMENT UPDATE. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: A. Receive presentation; B. Open public hearing to receive testimony, close public hearing; and C. Adopt Resolution No. 2021-51 adopting the 2021-2029 Housing Element Update. FINANCIAL IMPACT: The City’s administrative cost and consultant fees for the Housing Element update are being reimbursed through State grant funds. BACKGROUND: Every city in the Southern California Association of Governments (“SCAG”) region is required by State law to prepare and adopt an update to the Housing Element of its General Plan for the 2021-2029 planning period. On January 26, 2021 the City Council and Planning Commission conducted a joint workshop to initiate the Housing Element update process. Public meetings were subsequently held by the Planning Commission on March 23rd and by the City Council on April 6th to review the draft Housing Element. Staff reports and materials for those previous meetings are available on the City’s Housing Element web page at: https://www.diamondbarca.gov/963/Housing-Element- Update. State law requires cities to submit draft Housing Elements to the California Department of Housing and Community Development (“HCD”) for review prior to adoption, and the legislative body must consider HCD’s comments in its decision to adopt a Housing Element. The draft Housing Element was submitted to HCD in April of this year, and on 6.1 Packet Pg. 63 June 3rd HCD issued a review letter (Attachment 6) finding that the draft element addressed many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law. In response to HCD’s comments, a revised draft Housing Element (Attachment 2 - Exhibit A) has been prepared as well as a matrix summarizing HCD comments and how the Housing Element has been revised to address those comments (Attachment 3 - Exhibit B to Resolution). Changes to the draft Housing Element made to in response to HCD comments are shown in strikeout/underline notation in Attachment 7. On October 13, 2021 the Planning Commission conducted a public hearing to review the revised draft Housing Element and at the conclusion of that hearing the Commission adopted a resolution (Attachment 4) recommending that the City Council approve the Housing Element as revised to address HCD comments. Subsequent to the Planning Commission hearing, staff continued to monitor HCD’s review of Housing Elements in other cities. Based on that information, staff identified some additional technical information that could be added to support the Housing Element analysis of fair housing. The additional information makes no substantial changes to Housing Element policies but provides further data and analysis to address HCD’s comments on the draft Housing Element. Pursuant to Government Code Section 65356, this additional data and analysis do not constitute a “substantial modification proposed by the legislative body not previously considered by the commission,” which would require referral to the Planning Commission for its recommendation prior to adoption by the City Council. The additional material is highlighted in yellow on pages 9- 52 to 9-56 of the redlined draft Housing Element. ANALYSIS: Under State Planning Law, the Housing Element is a required component of the General Plan. The Housing Element focuses on establishing City policies and programs to address the housing needs of current and future Diamond Bar residents. The Draft Housing Element includes the following sections: • An introductory overview of the Housing Element (Section 9.1) • Needs Assessment including an analysis of the City's demographic and housing characteristics and trends (Section 9.2) • Resources and opportunities to address housing needs (Section 9.3) • Potential governmental and non-governmental constraints to meeting the City's housing needs (Section 9.4) • Housing Action Plan describing policies and programs for the 2021-2029 planning period (Section 9.5) • Review of the City’s accomplishments during the previous planning period (Appendix A) • An inventory of sites that could accommodate the City’s new housing needs 6.1 Packet Pg. 64 (Appendix B); and • A description of opportunities for stakeholders to participate in the preparation of the Housing Element (Appendix C) The 2040 Diamond Bar General Plan update, adopted by the City Council in late 2019, includes all elements except the Housing Element because State law establishes a separate schedule for Housing Elements regardless of when other portions of the General Plan are updated. The revised draft Housing Element is based upon the land use policies established in the 2040 General Plan, particularly the Focus Areas where new mixed use development is proposed. Key Issues The most significant issues that must be addressed in the Housing Element are: 1) whether City plans and regulations accommodate housing for persons with special needs in compliance with State law; and 2) how the City will accommodate its share of regional housing needs assigned through the Regional Housing Needs Assessment (“RHNA”) process. Housing for Persons with Special Needs. State law establishes specific requirements related to City regulation of housing for persons with special needs, including the homeless and persons with disabilities. Section 9.4 of the Housing Element (Governmental Constraints) contains an analysis of City plans and regulations for a variety of housing types. The analysis concluded that while current City regulations are consistent with most State laws regarding special needs housing, some recent changes to State law require that the Municipal Code be amended to ensure consistency with new legislation. Section 9.5 of the Housing Element includes the following programs to address this issue: • Program H-11. Emergency Shelters, Low Barrier Navigation Centers and Transitional/Supportive Housing. The Development Code establishes standards and procedures for housing targeted for persons who are homeless or at risk of becoming homeless, or who may have disabilities or other special housing needs. This program includes a commitment to process a Development Code amendment in conformance with recent changes to State law, including allowing supportive housing meeting specified criteria in zones where multi-family and mixed uses are permitted, and allowing low barrier navigation centers meeting specified standards in areas zoned for mixed use and in non-residential zones permitting multi-family uses. Low barrier navigation centers are defined as “Housing first, low-barrier, service-enriched shelters focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.” Changes to parking standards for emergency shelters are also required. • Program H-12. Affordable Housing Incentives/Density Bonus. Density bonus refers to the State law requiring cities to allow increased density and other incentives for housing developments that include long-term commitments to provide units affordable to low- and moderate-income households. Recent changes to State Density Bonus Law have increased the amount of density 6.1 Packet Pg. 65 bonus and other incentives for affordable housing. This program includes a commitment to amend the City’s density bonus regulations consistent with current State law. Regional Housing Needs Assessment. The Regional Housing Needs Assessment (“RHNA”) is the process established in State law by which future housing needs are determined for each jurisdiction. On March 4, 2021 SCAG adopted the final RHNA plan, which assigns Diamond Bar the following housing needs. 2021-2029 RHNA Allocation – Diamond Bar Extremely Low + Very Low Low Moderate Above Moderate Total 844 434 437 806 2,521 Source: SCAG, 3/4/2021 The RHNA allocation identifies the amount of additional housing each jurisdiction would need in order to have enough housing at all price levels to fully accommodate its assigned share of the region’s housing need during the 8-year planning period while avoiding problems like overpayment or overcrowding. The RHNA is a planning requirement based upon housing need, not a construction quota, mandate or prediction of future housing development. Jurisdictions are not required to build housing or issue permits to achieve their RHNA allocations, but some provisions of State law establish specific requirements when housing production falls short of RHNA allocations. One such requirement is streamlined review of housing development applications that meet specific standards.1 Other than requirements for streamlined permit processing, there are currently no legal or financial penalties imposed on cities for failing to achieve their RHNA allocations so long as a Housing Element has been adopted in compliance with State law. The Housing Element is required to evaluate potential capacity for additional housing based on land use plans, development regulations, other development constraints (such as infrastructure availability and environmental conditions) and real estate market trends. The analysis must be prepared at a parcel-specific level of detail and identify properties (or “sites”) where additional housing could be built consistent with City regulations. This evaluation is referred to as the “sites analysis” and State law requires the analysis to demonstrate that the city has adequate sites with appropriate zoning to fully accommodate additional housing development commensurate with its RHNA allocation in each income category. If the sites analysis does not demonstrate that adequate capacity exists to fully accommodate the RHNA, the Housing Element must describe what steps will be taken to increase capacity commensurate with the RHNA – typically through amendments to land use and zoning regulations that could facilitate additional housing development. Appendix B of the Housing Element includes a detailed analysis of sites that could accommodate the City’s RHNA allocation. Diamond Bar’s 2040 General Plan estimates that up to 3,750 new housing units could be built in the city by 2040, depending on market conditions. It is expected that much of 1 California Government Code Sec. 65913.4 (SB 35 of 2017) 6.1 Packet Pg. 66 this growth will occur within the Town Center Mixed Use, Neighborhood Mixed Use, Transit Oriented Development and Community Core Overlay focus areas, while most existing residential neighborhoods will experience less growth and change. The 2040 General Plan provides the guiding framework for development in these Focus Areas; however, zoning regulations have not yet been amended to reflect General Plan policy for these areas. Program H-8 in Section 9.5 of the Housing Element describes actions the City intends to take to update land use regulations for the Focus Areas consistent with the standards established in the new General Plan. These Focus Areas provide the majority of potential housing capacity to accommodate the City’s RHNA allocation. In its review of the draft Housing Element HCD noted that other programs should be strengthened to reduce constraints to better facilitate housing production consistent with the RHNA. The revised draft Housing Element includes modifications to the following programs in response to HCD comments: • Program H-7 – Senior and Workforce Housing Development. This program has been revised to include priority application processing and fee waivers or deferrals as incentives that may be provided to encourage senior and workforce housing. • Program H-8 – Land Use Element and Development Regulations. This program has been revised to include a commitment to update the Development Code to include residential and mixed-use parking requirements in conformance with General Plan policies, streamline the review process, including SB 35 review procedures, and adopt objective development standards. • Program H-9 – Mixed Use Development. This program has been revised to include publishing a handout with marketing materials within 6 months of Housing Element adoption and continuously thereafter. • Program H-10 – Accessory Dwelling Units. This program has been revised to include publishing an ADU handout with marketing materials within 6 months of Housing Element adoption and continuously thereafter. • Program H-13 – Efficient Permit Processing. This program has been revised to include posting of zoning regulations, development standards and fees on the City website. ENVIRONMENTAL REVIEW: On December 17, 2019 the Diamond Bar City Council certified Final EIR No. SCH 2018051066 for the Diamond Bar 2040 General Plan. The City is now required to adopt an updated Housing Element for the 2021-2029 planning period. CEQA Guidelines Section 15164(a) states: “The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” 6.1 Packet Pg. 67 The draft 2021-2029 Housing Element anticipates residential development consistent with the assumptions in the 2040 General Plan and analyzed in the General Plan EIR. Pursuant to CEQA Guidelines Section 15164 the City has prepared an Addendum to the General Plan EIR (Attachment 8), which demonstrates that the 2021-2029 Housing Element update would not result in any significant environmental impacts that were not previously evaluated in the General Plan EIR; therefore, no subsequent environmental document is required. PUBLIC REVIEW: Public participation is required component of the Housing Element update process, and residents and other interested stakeholders were provided many opportunities to offer comments and recommendations. Early in the update process a Housing Element page was created on the City website (www.diamondbarca.gov/963/Housing-Element- Update) and a Housing Element Frequently Asked Questions was prepared and posted on the web page. Public notice, agendas and materials of for all Housing Element meetings were posted on the website and at City Hall in advance of each meeting and also sent by direct mail to housing advocates and non-profit organizations representing the interests of lower-income persons and special needs groups. Notices of public hearings were also published in the local newspaper. Housing Element Appendix C provides additional information regarding the public review process. Written comments submitted during the update process are provided as Attachment 9. PLANNING COMMISSION REVIEW: On October 13, 2021 the Planning Commission conducted a public hearing to review the revised draft Housing Element. At the conclusion of the hearing, the Commission adopted a Resolution (Attachment 4) by unanimous vote recommending City Council approval of the Housing Element. Public comments submitted to the Planning Commission included a letter from an attorney representing of the Southwest Regional Council of Carpenters requesting that the City require housing projects developed pursuant to the final Housing Element Update to provide additional community benefits such as requiring local hire and use of a skilled and trained workforce to build such projects. Mr. Paul Deibel expressed his support for the Housing Element that establishes commitments to provide for greater densities and incentives for more affordable housing opportunities in general, as well as in focus areas. NEXT STEPS: An adopted Housing Element must be submitted to HCD for a second round of review. HCD has 90 days to provide its written opinion to the City regarding whether the adopted Housing Element complies with State law. The programs described in Housing Element Section 9.5 will be implemented over the next 8 years according to the timeframe described in each program. Implementation actions that involve amendments to the Development Code or other City regulations will 6.1 Packet Pg. 68 include a separate public review process, including CEQA analysis and additional public hearings by the Planning Commission and City Council. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 6.1.a Resolution No. 2021-51 2. 6.1.b Exhibit A - 2021-2029 Housing Element 3. 6.1.c Exhibit B - HCD comments and responses 4. 6.1.d Planning Commission Resolution No. 2021-18 5. 6.1.e October 13, 2021 Planning Commission Minutes 6. 6.1.f HCD Review Letter Dated June 3, 2021 7. 6.1.g Strikeout/Underline Revised Draft 2021-2029 Housing Element 8. 6.1.h EIR Addendum 9. 6.1.i Comment Letters Received 6.1 Packet Pg. 69 RESOLUTION NO. 2021-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING GENERAL PLAN AMENDMENT NO. 2021-04 FOR THE 6TH CYCLE (2021-2029) HOUSING ELEMENT UPDATE A. RECITALS 1. On December 17, 2019, the City of Diamond Bar adopted its 2040 General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future, and has been amended from time to time as necessary to reflect changed circumstances, laws or City policies. 2. State law requires all jurisdictions within the Southern California Association of Governments (SCAG) region to update the Housing Elements of their General Plans for the 6th planning cycle, which covers the 2021-2029 period. 3. On January 26, 2021 the City Council and Planning Commission conducted a duly noticed public workshop to review issues to be addressed in the Housing Element update. 4. On March 23, 2021 the Planning Commission conducted a duly noticed public meeting to review the draft Housing Element update. 5. On April 6, 2021 the City Council conducted a duly noticed public meeting to review the draft Housing Element update. 6. As required by State law, the Draft 2021-2029 Housing Element was submitted to the California Department of Housing and Community Development (HCD) for review on April 8, 2021. 7. On June 3, 2021 HCD issue a letter finding that the draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law. 8. On October 13, 2021 the Planning Commission held a duly noticed public hearing to review the revised draft 2021-2029 Housing Element update incorporating revisions to address HCD’s June 3, 2021 comments as summarized in the Staff report. At that hearing all interested persons were provided an opportunity of offer comments on the revised draft Housing Element. At the conclusion of the public hearing the Planning Commission adopted a resolution recommending City Council adoption of the 2021-2029 Housing Element as revised to address HCD comments. 6.1.a Packet Pg. 70 Resolution No. 2021-51 2 9. On November 2, 2021 the City Council held a duly noticed public hearing to review the revised draft 2021-2029 Housing Element update incorporating revisions to address HCD’s June 3, 2021 comments as summarized in the Staff report. At that hearing all interested persons were provided an opportunity of offer comments on the revised draft Housing Element. 10. On December 17, 2019 the Diamond Bar City Council certified Final EIR No. SCH 2018051066 for the Diamond Bar 2040 General Plan. Pursuant to CEQA Guidelines Sections 15162, 15164 and 15168 the City has prepared an Addendum to the General Plan EIR, which demonstrates that the 2021- 2029 Housing Element update would not result in any significant environmental impacts that were not previously evaluated in the General Plan EIR; therefore, no subsequent environmental document is required. The EIR Addendum is attached to the November 2, 2021 Staff Report and incorporated herein by reference. 11. The 2040 General Plan remains properly integrated and internally consistent as required by California Government Code Section 65300.5. 12. Pursuant to Government Code Section 65090 and 65353, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper on October 22, 2021, in a legal advertisement. Also, three other public places were posted. 13. All legal prerequisites to the adoption of this resolution have occurred. B. RESOLUTION. NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Diamond Bar, as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that adoption of the proposed 2021-2029 Housing Element would not cause a significant effect on the environment, as further described in the EIR Addendum prepared for the project. 3. The City Council, after due consideration of public testimony, HCD comments, staff analysis and the City Council’s deliberations, determines that the 2021-2029 Housing Element, as revised to address HCD’s comments as summarized in Exhibit "B" of this Resolution, implements the goals of the City and satisfies all of the requirements of State law. 4. Pursuant to Government Code Section 65583.2(g) the City Council finds that the analysis of underutilized sites contained in the Revised Draft Housing Element is based upon substantial evidence that the existing uses 6.1.a Packet Pg. 71 Resolution No. 2021-51 3 do not constitute an impediment to additional residential development during the planning period, as required by State law. 5. Pursuant to Government Code Section 65585(f) the City Council finds that the Draft Housing Element has been revised to address HCD’s comments of June 3, 2021 as described in the City Council staff report dated November 2, 2021, in compliance with State law. 6. The City Council hereby adopts General Plan Amendment No. PL2021-004 for the Diamond Bar 2021-2029 Housing Element update, attached to the staff report as “Exhibit A: 2021-2029 Housing Element” and incorporated herein by reference. 7. The City Council finds and determines that General Plan Amendment No. PL2021-004 is consistent and compatible with and implements the goals, objectives and strategies of the City of Diamond Bar 2040 General Plan. 8. The City Manager is directed to transmit the adopted Housing Element to the California Department of Housing and Community Development (HCD) for review, and is further directed to make any clerical or technical corrections or clarifications to the adopted Housing Element as may be required to obtain a finding of substantial compliance from HCD. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 2nd day of November, 2021. THE CITY OF DIAMOND BAR: ____________________________ Nancy Lyons, Mayor ATTEST: I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a regular meeting held on the 2nd day of November, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 6.1.a Packet Pg. 72 Resolution No. 2021-51 4 EXHIBIT “B” CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT COMMENTS AND RESPONSES 6.1.a Packet Pg. 73 1 9.0 HOUSING ELEMENT 2021 -2029 REVISED DRAFT November 2021 9.0 6.1.b Packet Pg. 74 6.1.b Packet Pg. 75 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-iii 9.0 Contents 9.1 Introduction ...................................................................................................................... 9-1 Community Context .............................................................................................................. 9-1 Role of Housing Element ....................................................................................................... 9-1 Public Participation ................................................................................................................ 9-3 Relationship to Other General Plan Elements .................................................................... 9-3 9.2 Housing Needs Assessment ............................................................................................ 9-4 Population Characteristics .................................................................................................... 9-4 Household Characteristics .................................................................................................... 9-5 Employment .......................................................................................................................... 9-10 Housing Stock Characteristics ............................................................................................ 9-11 Special Needs....................................................................................................................... 9-14 Assisted Housing at Risk of Conversion .............................................................................. 9-20 Future Growth Needs........................................................................................................... 9-21 9.3 Resources and Opportunities ....................................................................................... 9-23 Land Resources .................................................................................................................... 9-23 Financial and Administrative Resources ........................................................................... 9-23 Energy Conservation Opportunities ................................................................................... 9-26 9.4 Constraints ...................................................................................................................... 9-28 Governmental Constraints .................................................................................................. 9-28 Development Processing Procedures ............................................................................... 9-40 Non-Governmental Constraints ......................................................................................... 9-45 Affirmatively Furthering Fair Housing .................................................................................. 9-47 9.5 Housing Action Plan ...................................................................................................... 9-58 Goals and Policies ................................................................................................................ 9-58 Housing Programs ................................................................................................................ 9-60 Appendix A – Evaluation of the Prior Housing Element Appendix B – Residential Sites Inventory Appendix C – Public Participation Summary 6.1.b Packet Pg. 76 9-iv HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 List of Tables Table 9-1 : Population Trends, 2000-2020, Diamond Bar vs. SCAG Region ............................... 9-4 Table 9-2 : Population by Age and Sex, Diamond Bar ................................................................ 9-5 Table 9-3 : Overcrowding by Tenure, Diamond Bar and SCAG Region ................................... 9-5 Table 9-4 : Extremely-Low-Income Households, Diamond Bar ................................................... 9-6 Table 9-5 : Income Categories and Affordable Housing Costs, Los Angeles County ............. 9-7 Table 9-6 : Percentage of Income Spent on Rent, Diamond Bar .............................................. 9-7 Table 9-7 : Percentage of Income Spent on Rent by Income Category, Diamond Bar ........ 9-8 Table 9-8 : Median Home Sales Price for Existing Homes, Diamond Bar and SCAG Region .. 9-8 Table 9-9 : Monthly Mortgage Cost, Diamond Bar and SCAG Region ..................................... 9-9 Table 9-10 : Monthly Mortgage Cost by Income Category, Diamond Bar .............................. 9-9 Table 9-11 : Overpayment by Income Category, Diamond Bar ............................................. 9-10 Table 9-12 : Employment by Industry, Diamond Bar .................................................................. 9-10 Table 9-13 : Employment by Occupation – Diamond Bar vs. SCAG Region ......................... 9-11 Table 9-14 : Housing by Type, Diamond Bar and SCAG Region .............................................. 9-12 Table 9-15 : Housing by Tenure, Diamond Bar and SCAG Region........................................... 9-12 Table 9-16 : Housing Tenure by Age of Householder, Diamond Bar ........................................ 9-12 Table 9-17 : Vacant Units by Type, Diamond Bar and SCAG Region ...................................... 9-13 Table 9-18 : Age of Housing Stock, Diamond Bar and SCAG Region ..................................... 9-13 Table 9-19 : Disabilities by Type, Diamond Bar ........................................................................... 9-14 Table 9-20 : Disabilities by Type for Seniors 65+, Diamond Bar and SCAG Region ................ 9-15 Table 9-21 : Developmental Disabilities by Residence and Age, Diamond Bar .................... 9-16 Table 9-22 : Elderly Households by Income and Tenure, Diamond Bar................................... 9-17 Table 9-23 : Household Size by Tenure, Diamond Bar ............................................................... 9-18 Table 9-24 : Household Type by Tenure, Diamond Bar.............................................................. 9-19 Table 9-25 : Poverty Status for Female-Headed Households, Diamond Bar ........................... 9-19 Table 9-26 : Employment in the Agricultural Industry, Diamond Bar........................................ 9-20 Table 9-27 : 2021-2029 Regional Housing Growth Needs, Diamond Bar ................................. 9-21 Table 9-28 : Land Use Categories, Diamond Bar 2040 General Plan ...................................... 9-29 Table 9-29 : Residential Development Standards ...................................................................... 9-31 Table 9-30 : Permitted Residential Development by Zoning District ........................................ 9-32 Table 9-31 : Residential Parking Requirements ........................................................................... 9-38 Table 9-32 : Review Authority for Residential Development ..................................................... 9-40 Table 9-33 : Planning and Development Fees ........................................................................... 9-44 Table 9-34 : Road Improvement Standards ................................................................................ 9-45 Table 9-35 : Quantified Objectives 2021-2029, Diamond Bar ................................................... 9-71 List of Figures Figure 9-1 Regional Location, Diamond Bar ............................................................................. 9-2 Figure 9-2 Seismic Hazard Zones ............................................................................................... 9-53 Figure 9-3 Fire Hazard Zones ...................................................................................................... 9-54 Figure 9-4 Racial Demographics .............................................................................................. 9-55 Figure 9-5 Poverty Status ............................................................................................................ 9-55 Figure 9-6 Racially or Ethnically Concentrated Areas of Poverty ......................................... 9-56 Figure 9-7 Disability Status .......................................................................................................... 9-56 Figure 9-8 TCAC/HCD Opportunity Map ................................................................................. 9-57 6.1.b Packet Pg. 77 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-1 9.0 9.1 INTRODUCTION COMMUNITY CONTEXT Diamond Bar is a scenic community located in the San Gabriel Valley on the eastern edge of Los Angeles County, within minutes of Orange, Riverside, and San Bernardino counties. With its origin as a center for ranching perched among a landscape of rolling hills in the East San Gabriel Valley, suburban-style growth later established Diamond Bar as a residential community known for its friendly country-living atmosphere, abundant open spaces, exceptional public facilities, well-maintained parks and hiking trails, and excellent schools. With convenient access to State Route 57 (SR-57) and SR-60, Diamond Bar is within 30 miles driving distance of the cities of Los Angeles, Riverside, and Irvine, making it a desirable part of the region to live and work. Diamond Bar is bounded by the cities of Industry and Pomona to the north and Chino Hills to the east, and unincorporated Los Angeles County to the south and west. The western edge of the city lies at the intersection of SR-57 and SR-60, with SR-57 connecting the city to Interstate 10 (I-10) 1½ miles to the north and SR-60 connecting to SR-71 roughly 2 miles to the east. The Industry Metrolink Station lies on Diamond Bar’s northern border with the City of Industry, providing east- west transit connections to Los Angeles and Riverside. The regional setting is depicted in Figure 9-1. Most of the easily buildable land in the City has already been developed, and much of the remaining land has a variety of geotechnical and topo- graphic conditions that may constrain future development. As a result, a significant portion of future residential growth in Diamond Bar is expected to occur through redevelopment of commercial or light industrial properties, particularly those designated for mixed- use development in the comprehensive 2040 General Plan update. R OLE OF HOUSING ELEMENT Diamond Bar is faced with various important housing issues that include a balance between employment and housing opportunities, a match between the supply of and demand for housing, preserving and enhancing affordability for all segments of the population, preserving the quality of the housing stock, and providing new types of housing necessary to accommodate growth and the changing population. This Housing Element provides policies and programs to address these issues. Diamond Bar's Housing Element is an 8-year plan for the period 2021-2029, unlike other General Plan elements which typically cover a 10- to 20-year planning horizon. 6.1.b Packet Pg. 78 9-2 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-1 Regional Location, Diamond Bar 6.1.b Packet Pg. 79 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-3 9.0 The Diamond Bar Housing Element consists of the following major components: • This Introduction to the Housing Element • An analysis of the City's demographic and housing characteristics and trends (Section 9.2) • An evaluation of resources and opportunities available to address housing issues (Section 9.3) • A review of potential market, governmental, and environmental constraints to meeting the City’s identified housing needs (Section 9.4) • The Housing Action Plan for the 2021-2029 planning period (Section 9.5) • A review of the City’s accomplish- ments during the previous planning period (Appendix A) • A detailed inventory of the suitable sites for housing development (Appendix B); and • A description of opportunities for stakeholders to participate in the preparation of the Housing Element (Appendix C) PUBLIC PARTICIPATION Residents, businesses and interest groups were provided the opportunity to participate in the Housing Element update process and were an important component of the overall program. Details regarding opportunities for public involvement during the preparation and adoption of this Housing Element are provided in Appendix C. RELATIONSHIP T O OTHER GENERAL PLAN ELEMENTS In addition to the Housing Element, the City of Diamond Bar General Plan consists of the following Chapters: • Land Use & Economic Development • Community Character & Placemaking • Circulation • Resource Conservation • Public Facilities & Services • Public Safety • Community Health & Sustainability This Housing Element builds upon and is consistent with the other General Plan chapters. For example, residential land use designations established in the Land Use Element and potential constraints described in the Resource Conservation and Public Facilities and Services elements are reflected in the Housing Element sites inventory (Appendix B). As the General Plan is amended from time to time, the Housing Element will be reviewed for consistency, and amended as necessary to maintain an internally consistent General Plan. 6.1.b Packet Pg. 80 9-4 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 9.2 HOUSING NEED S ASSESSMENT This section examines Diamond Bar’s general population and household characteristics and trends, such as age, employment, household composition and size, household income, and special needs. Characteristics of the existing housing stock (e.g., number of units and type, tenure, age and condition, costs) are also addressed. Finally, the City’s projected housing needs based on the 2021-2029 Regional Housing Needs Assessment (RHNA) are examined. The data presented in this section has been compiled by the Southern California Association of Governments (SCAG) based upon recent data from the U.S. Census, California Department of Finance (DOF), California Employment Development Department (EDD) and other relevant sources and has been pre-approved by the California Department of Housing and Community Development (HCD). POPULATION CHARACTERISTICS Population Growth Trends Diamond Bar was incorporated in 1989 with much of its territory already developed. From 2000 to 2020 the City’s population increased from 56,287 to an estimated population of 57,177 (see Table 9-1), an annual growth rate of 0.1% compared to 0.7% for the SCAG region as a whole. Table 9-1: Population Trends, 2000-2020, Diamond Bar vs. SCAG Region Age Housing needs are influenced by the age characteristics of the population. Different age groups require different accommodations based on lifestyle, family type, income level, and housing preference. Table 9-2 provides a comparison of the City’s population by age group. The population of Diamond Bar is 49.1% male and 50.9% female. The share of the population of Diamond Bar below 18 years of age is 20.3%, which is lower than the regional share of 23.4%. Diamond Bar's seniors (65 and above) make up 15.6% of the population, which is higher than the regional share of 13%. 6.1.b Packet Pg. 81 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-5 9.0 Table 9-2: Population by Age and Sex, Diamond Bar HOUSEHOLD CHARACTERISTICS Overcrowding Overcrowding is often closely related to household income and the cost of housing. The U.S. Census Bureau considers a household to be over- crowded when there is more than one person per room, excluding bathrooms and kitchens, and severely overcrowded when there are more than 1.5 occupants per room. Table 9-3 summarizes the incidence of over- crowding for Diamond Bar as compared to the SCAG region as a whole. Table 9-3: Overcrowding by Tenure, Diamond Bar and SCAG Region According to recent Census data overcrowding was more prevalent among renters than for owner- occupied units. Approximately 10.9% of the City’s renter-occupied households were overcrowded compared to 2.4% of owner-occupied households. The incidence of over- crowding in Diamond Bar was substantially lower than is typical for the SCAG region as a whole. Many of the policies and programs described in Section 9.5 - Housing Action Plan will help to address the problem of overcrowding, particularly Program H-3 (Section 8 Rental Assistance), Program 6.1.b Packet Pg. 82 9-6 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H-12 (Affordable Housing Incentives/ Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing). Household Income Household income is a primary factor affecting housing needs in a community, particularly for extremely- low-income households, defined as 30% of median income or less. According to recent Census data, approximately 7.9% of households in Diamond Bar were within the extremely-low-income (ELI) category, and renters were much more likely than owners to fall within the ELI category (Table 9-4). Table 9-4: Extremely-Low-Income Households, Diamond Bar Housing Affordability and Overpayment Housing Affordability Criteria State law establishes five income categories for purposes of housing programs based on the area (i.e., county) median income (AMI): extremely-low (30% or less of AMI), very- low (31-50% of AMI), low (51-80% of AMI), moderate (81-120% of AMI) and above moderate (over 120% of AMI). Housing affordability is based on the relationship between household income and housing expenses. According to the U.S. Department of Housing and Urban Development (HUD) and the California Department of Housing and Community Development (HCD), housing is considered “affordable” if monthly housing cost is no more than 30% of a household’s gross income. In some areas such as Los Angeles County, these income limits may be increased to adjust for high housing costs. Table 9-5 shows affordable rent levels and estimated affordable purchase prices for housing in Diamond Bar (and Los Angeles County) by income category. Based on State-adopted standards for a 4-person family, the maximum affordable monthly rent for extremely-low-income households is $845, while the maximum affordable 6.1.b Packet Pg. 83 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-7 9.0 rent for very-low-income households is $1,407. The maximum affordable rent for low-income households is $2,252, while the maximum for moderate- income households is $2,319. Maximum purchase prices are more difficult to determine due to variations in mortgage interest rates and qualifying procedures, down payments, special tax assessments, homeowner association fees, property insurance rates, etc. With this caveat, the maximum affordable home purchase price for moderate-income households has been estimated based on typical conditions. Affordable prices have not been estimated for the lower-income categories because most for-sale affordable housing is provided at the moderate-income level. Table 9-5: Income Categories and Affordable Housing Costs, Los Angeles County 2020 County Median Income = $77,300 Income Limits* Affordable Rent Affordable Price (est.) Extremely Low (<30%) $33,800 $845 * Very Low (31-50%) $56,300 $1,407 * Low (51-80%) $90,100 $2,252 * Moderate (81-120%) $92,750 $2,319 $375,000 Above moderate (120%+) Over $92,750 Over $2,319 Over $375,000 Assumptions: -Based on a family of 4 and 2020 State income limits -30% of gross income for rent or principal, interest, taxes & insurance plus utility allowance -10% down payment, 3.75% interest, 1.25% taxes & insurance, $300 HOA dues * Because of State adjustments in high housing cost areas, some of these income limits are higher than the percentages of median income Source: Cal. HCD; JHD Planning LLC Rental Ho using Across Diamond Bar's 4,263 renter households, 2,131 (50%) spend 30% or more of gross income on housing cost, compared to 55.3% in the SCAG region.1 Additionally, 1,360 renter households in Diamond Bar (31.9%) spend 50% or more of gross income on housing cost, compared to 28.9% in the SCAG region (Table 9-6). Table 9-6: Percentage of Income Spent on Rent, Diamond Bar Recent Census data also allows for the analysis of Diamond Bar's 3,893 renter households (for which income data are 1 The SCAG region includes Los Angeles, Orange, Riverside, San Bernardino, Imperial and Ventura counties. available) by spending on rent by income bracket. As one might expect, the general trend is that low-income 6.1.b Packet Pg. 84 9-8 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 households spend a higher share of income on housing (often more than 50%) while high-income households are more likely to spend under 20% of income on housing (Table 9-7). Table 9-7: Percentage of Income Spent on Rent by Income Category, Diamond Bar For -Sale Housing Median sales price trends for existing homes during 2000-2018 are shown in Table 9-8. Between 2000 and 2018, median home sales prices in Diamond Bar increased 186% while prices in the SCAG region increased 151%. 2018 median home sales prices in Diamond Bar were $660,000. Prices in Diamond Bar have ranged from a low of 98.5% of the SCAG region median in 2005 and a high of 150.2% in 2009. Table 9-8: Median Home Sales Price for Existing Homes, Diamond Bar and SCAG Region 6.1.b Packet Pg. 85 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-9 9.0 Table 9-9 compares typical monthly mortgage costs in Diamond Bar to the SCAG region as a whole while Table 9-10 confirms that the percentage of income spent on mortgage payments is higher for households at the lower income levels. Table 9-9: Monthly Mortgage Cost, Diamond Bar and SCAG Region Table 9-10: Monthly Mortgage Cost by Income Category, Diamond Bar According to State housing policy, overpaying occurs when housing costs exceed 30% of gross household income. Table 9-11 displays recent estimates for overpayment by tenure and income category for Diamond Bar residents and shows that overpayment is much more frequent for households at the extremely-low and very-low income levels than those households in higher income categories. Many of the policies and programs described in Section 9.5 - Housing Action Plan will help to address the problem of over- payment, including Program H-3 (Section 8 Rental Assistance), Program H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H-12 (Affordable Housing Incentives/ Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing). 6.1.b Packet Pg. 86 9-10 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table 9-11: Overpayment by Income Category, Diamond Bar EMPLOYMENT Employment is an important factor affecting housing needs within a community. The jobs available in each employment sector and the wages for these jobs affect the type and size of housing residents can afford. According to recent Census data, Diamond Bar had 27,198 workers living within its borders who work across 13 major industrial sectors (Table 9-12). The most prevalent industry is Education & Social Services with 6,726 employees (24.7% of total) and the second most prevalent industry is Professional Services with 3,894 employees (14.3% of total). Table 9-12: Employment by Industry, Diamond Bar 6.1.b Packet Pg. 87 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-11 9.0 In addition to understanding the industries in which the residents of Diamond Bar work, it is also possible to analyze the types of jobs they hold. The most prevalent occupational category in Diamond Bar is Management, in which 14,448 (53.1% of total) employees work. The second-most prevalent type of work is in Sales, which employs 7,228 (26.6% of total) in Diamond Bar (Table 9-13). Table 9-13: Employment by Occupation – Diamond Bar vs. SCAG Region HOUSING STOCK CHARACTERISTICS This section presents an evaluation of the characteristics of the community’s housing stock and helps in identifying and prioritizing needs. The factors evaluated include the number and type of housing units, tenure, vacancy, housing age and condition. A housing unit is defined as a house, apartment, mobile home, or group of rooms, occupied as separate living quarters, or if vacant, intended for occupancy as separate living quarters. Housing Type and Tenure Diamond Bar's housing stock contained a total of approximately 17,645 total units in 2020, of which about 72% were single-family detached homes (Table 9- 14). As seen in Table 9-15, over three- quarters of homes in Diamond Bar were owner-occupied as compared to only about 52% in the SCAG region). 6.1.b Packet Pg. 88 9-12 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table 9-14: Housing by Type, Diamond Bar and SCAG Region Table 9-15: Housing by Tenure, Diamond Bar and SCAG Region In many places, housing tenure varies substantially based on the age of the householder. In Diamond Bar, the age group where renters outnumber owners the most is 15-24. The age group where owners outnumber renters the most is 65-74 (Table 9-16). Table 9-16: Housing Tenure by Age of Householder, Diamond Bar 6.1.b Packet Pg. 89 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-13 9.0 Table 9-17 shows recent data for vacant units in Diamond Bar and the SCAG region. The largest categories of vacant units in Diamond Bar were units for rent and units held for seasonal use. Table 9-17: Vacant Units by Type, Diamond Bar and SCAG Region Housing Age and Conditions Housing age is often an important indicator of housing condition. Housing units built prior to 1978 before stringent limits on the amount of lead in paint were imposed may have interior or exterior building components coated with lead-based paint. Housing units built before 1970 are the most likely to need rehabilitation and to have lead- based paint in a deteriorated condition. Lead-based paint becomes hazardous to children under age six and to pregnant women when it peels off walls or is pulverized by windows and doors opening and closing. Table 9-18 shows the age distribution of the housing stock in Diamond Bar compared to the SCAG region as a whole. This table shows that about half of housing units in Diamond Bar were constructed before 1980. These findings suggest that there may be a need for maintenance and rehabilitation, including remediation of lead-based paint, for a substantial number of housing units. Table 9-18: Age of Housing Stock, Diamond Bar and SCAG Region 6.1.b Packet Pg. 90 9-14 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 The majority of Diamond Bar's housing stock is in good to excellent condition. However, some housing units in older neighborhoods exhibit signs of deferred maintenance such as peeling paint, worn roofs, and cracked asphalt driveways. The Housing Action Plan (Section 9.5) establishes a program directed at improving housing stock in these areas through targeted rehabilitation assistance. Fewer than 100 units are estimated to need rehabilitation citywide, and no units require replacement. SPECIAL NEEDS Certain groups have greater difficulty in finding decent, affordable housing due to special circumstances. Such circumstances may be related to one’s employment and income, family characteristics, disability, or other conditions. As a result, some Diamond Bar residents may experience a higher prevalence of overpayment, over- crowding, or other housing problems. State Housing Element law defines “special needs” groups to include persons with disabilities, the elderly, large households, female-headed households with children, homeless people, and farm workers. This section contains a discussion of the housing needs facing each of these groups. Persons with Disabilities According to recent Census estimates, the most prevalent types of disabilities for Diamond Bar residents were ambulatory, independent living and cognitive disabilities (see Table 9-19). Housing opportunities for those with disabilities can be maximized through housing assistance programs, providing universal design features such as widened doorways, ramps, lowered countertops, single-level units and ground floor units, supportive housing, residential care facilities and assisted living facilities. Table 9-19: Disabilities by Type, Diamond Bar 6.1.b Packet Pg. 91 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-15 9.0 In Diamond Bar, the most commonly occurring disability among seniors 65 and older was an ambulatory disability, experienced by 17.4% of Diamond Bar's seniors and 22.9% of seniors in the SCAG region (Table 9-20). Section 9.5 - Housing Action Plan addresses the needs of persons with disabilities through Program H-11 (Emergency Shelters, Low Barrier Navigation Centers and Transitional/Supportive Housing), Program H-14 (Affirmatively Furthering Fair Housing) and Program H-15 (Reasonable Accommodation for Persons with Disabilities). Table 9-20: Disabilities by Type for Seniors 65+, Diamond Bar and SCAG Region Developmental Disab ilities As defined by federal law, “develop- mental disability” means a severe, chronic disability of an individual that: • Is attributable to a mental or physical impairment or combination of mental and physical impairments; • Is manifested before the individual attains age 22; • Is likely to continue indefinitely; • Results in substantial functional limitations in three or more of the following areas of major life activity: a) self-care; b) receptive and expressive language; c) learning; d) mobility; e) self- direction; f) capacity for indepen- dent living; or g) economic self- sufficiency; and • Reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. The Census does not record develop- mental disabilities as a separate category of disability. According to the U.S. Administration on Developmental Disabilities, an accepted estimate of the percentage of the population that can be defined as developmentally disabled is 1.5 percent. Many develop- mentally disabled persons can live and work independently within a conven- tional housing environment. More severely disabled individuals require a group living environment where supervision is provided. The most severely affected individuals may require an institutional environment where medical attention and physical 6.1.b Packet Pg. 92 9-16 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 therapy are provided. Because developmental disabilities exist before adulthood, the first issue in supportive housing for the developmentally disabled is the transition from the person’s living situation as a child to an appropriate level of independence as an adult. Table 9-21: Developmental Disabilities by Residence and Age, Diamond Bar The California Department of Developmental Services (DDS) currently provides community-based services to persons with developmental disabilities and their families through a statewide system of 21 regional centers, four developmental centers, and two community-based facilities. The San Gabriel/Pomona Regional Center (SG/PRC) located in Pomona (http://www.sgprc.org/) provides services to approximately 925 people with developmental disabilities in Diamond Bar (Table 9-21). The SG/PRC is a private, non-profit community agency that contracts with local businesses to offer a wide range of services to individuals with develop- mental disabilities and their families. There is no charge for diagnosis and assessment for eligibility. Once eligibility is determined, most services are free regardless of age or income. There is a requirement for parents to share the cost of 24-hour out-of-home placements for children under age 18. This share depends on the parents’ ability to pay. There may also be a co- payment requirement for other selected services. Regional centers are required by law to provide services in the most cost- effective way possible. They must use all other resources, including generic resources, before using any regional center funds. A generic resource is a service provided by an agency that has a legal responsibility to provide services to the general public and receives public funds for providing those services. Some generic agencies may include the local school district, county social services department, Medi-Cal, Social Security Administra- tion, Department of Rehabilitation and others. Other resources may include natural supports. This is help that disabled persons may get from family, friends or others at little or no cost. Section 9.5 - Housing Action Plan 6.1.b Packet Pg. 93 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-17 9.0 addresses the needs of persons with developmental disabilities through Program H-11 (Emergency Shelters, Low Barrier Navigation Centers and Transitional/Supportive Housing), Program H-14 (Affirmatively Furthering Fair Housing) and Program H-15 (Reasonable Accommodation for Persons with Disabilities). Elderly Federal housing data define a household type as “elderly family” if it consists of two persons with either or both age 62 or over. Of Diamond Bar's 3,985 such households, 13.8% earn less than 30% of the surrounding area income (compared to 24.2% in the SCAG region) and 34% earn less than 50% of the surrounding area income (compared to 30.9% in the SCAG region) (Table 9-22). Many elderly persons are dependent on fixed incomes or have disabilities. Elderly homeowners may be physically unable to maintain their homes or cope with living alone. The housing needs of this group can be addressed through smaller units, accessory dwelling units on lots with existing homes, shared living arrangements, congregate housing and housing assistance programs. Program H-7 (Senior and Workforce Housing Development) and Program H- 10 (Accessory Dwelling Units) in Section 9.3 will be helpful in addressing the housing needs of seniors. Table 9-22: Elderly Households by Income and Tenure, Diamond Bar The elderly tend to have higher rates of disabilities than younger persons; therefore, many of the programs noted in the previous section also apply to seniors since their housing needs include both affordability and accessibility. Large Households Household size is an indicator of need for large units. Large households are defined as those with five or more members. Table 9-23 illustrates the range of household sizes in Diamond Bar for owners, renters, and overall. The most commonly occurring household size is of two persons (29.2%) and the second-most commonly occurring household is of three persons (23.1%). Diamond Bar has a lower share of single-person households than the 6.1.b Packet Pg. 94 9-18 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 SCAG region overall (14.1% vs. 23.4%) and a lower share of 7+ person households than the SCAG region overall (1.8% vs. 3.1%). This distribution indicates that the need for large units with four or more bedrooms is expected to be significantly less than for smaller units. However, large families needing units with more bedrooms, generally face higher housing costs, and as a result may benefit from several types of assistance. Many of the policies and programs described in Section 9.5 - Housing Action Plan will help to address the needs of large families, including Program H-3 (Section 8 Rental Assistance), Program H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H- 12 (Affordable Housing Incentives/ Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing). Table 9-23: Household Size by Tenure, Diamond Bar Female-Headed Households Of Diamond Bar's 17,645 total house- holds, 13.1% were female-headed (compared to 14.3% in the SCAG region), 4% are female-headed and with children (compared to 6.6% in the SCAG region), and 0.3% are female- headed and with children under 6 (compared to 1.0% in the SCAG region) (Table 9-24). Approximately 3.9 percent of Diamond Bar's households were experiencing poverty, compared to 7.9 percent of households in the SCAG region (Table 9-25). Poverty thresholds, as defined by the ACS, vary by household type. In 2018, a single individual under 65 was considered in poverty with an income below $13,064/year while the threshold for a family consisting of 2 adults and 2 children was $25,465/year. Many of the policies and programs described in Section 9.5 - Housing Action Plan will help to address the needs of female- headed households, including Program H-3 (Section 8 Rental Assistance), Program H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H-12 (Affordable Housing Incentives/ Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing). 6.1.b Packet Pg. 95 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-19 9.0 Table 9-24: Household Type by Tenure, Diamond Bar Table 9-25: Poverty Status for Female-Headed Households, Diamond Bar Farm W orkers Farm workers are traditionally defined as persons whose primary income is from seasonal agricultural work. Diamond Bar was at one time one of the largest working cattle ranches in the western United States. However, urban development and shifts in the local economy have significantly curtailed agricultural production within Los Angeles County. Today, Diamond Bar is a mostly developed city, with a strong local economy that is no longer tied to an agricultural base. According to recent Census estimates, about 45 Diamond Bar residents were employed in agricultural, forestry, fishing and hunting, and only 12 of those were employed full-time in these industries (Table 9-26). The nearest agricultural area to Diamond Bar is in San Bernardino County to the east. Since there are no major agricultural operations within Diamond Bar and housing costs are significantly lower in the Inland Empire, there is little need for farm worker housing in the City. Many of the policies and programs described in Section 9.5 - Housing Action Plan that address other housing needs, including Program H-3 (Section 8 Rental Assistance), Program H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H- 6.1.b Packet Pg. 96 9-20 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 12 (Affordable Housing Incentives/ Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing) will also be beneficial to farmworkers who may reside in Diamond Bar. Table 9-26: Employment in the Agricultural Industry, Diamond Bar Homeless Persons Homelessness is a continuing problem throughout California and urban areas nationwide. A homeless count conducted by the Los Angeles Homeless Services Authority (LAHSA) in 2020 indicated that on any given day there are an estimated 63,706 homeless persons Los Angeles County. These include families that might be displaced through evictions, women and children displaced through abusive family life, persons with substance abuse problems, veterans, or persons with serious mental illness. Diamond Bar is located within the San Gabriel Valley Service Planning Area (SPA), which had a 2020 homeless estimate of 4,555 people, of which four unsheltered persons were reported in Diamond Bar.2 The City has adopted a Homelessness Response Plan that seeks to both address the needs of those who are currently unsheltered and to implement strategies that can prevent an increase in incidents of homelessness within the City. In addition, the City is a member of the San Gabriel Valley Regional Housing Trust, a joint powers authority created to finance the planning and construction of homeless housing, and extremely-low-, very-low- and low- income housing projects. Program H-11 in Section 9.3 (Emergency Shelters, Low Barrier Navigation Centers and Transitional/Supportive Housing) describes specific City actions to address the needs of the homeless. ASSISTED HOUSING AT RISK OF CONVERSION Assisted housing at risk of conversion are those housing projects that are at risk of losing their low-income affordability restrictions within the 10- year period from 2021 to 2031. According to the California Housing Partnership and City records there are 2 https://www.lahsa.org/data?id=42-2020-homeless-count-by-service-planning-area no assisted housing units in the City of Diamond Bar at risk of conversion. There is one assisted affordable project for seniors, the 149-unit Seasons Apartments (formerly “Heritage Park”). Constructed in 1988, this project predates City incorporation and was 6.1.b Packet Pg. 97 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-21 9.0 originally financed under the Los Angeles County Multi-family Mortgage Revenue Bond program. The project was refinanced in 1999 under the California Community Development Authority's Multifamily Housing Re- funding Bond. According to the terms of the new bond agreement, income restrictions for residents and corresponding rent limits were set for the duration of the bond which expires 12/01/2034, and all units will be affordable: 30 units (20%) will be very- low-income at 50% AMI, 82 units (55%) will be low-income at 80% AMI, and 37 units (25%) will be moderate-income defined as 100% AMI. The Seasons Apartments are owned by the Corporate Fund for Housing, a non- profit organization. FUTURE GROWTH NEEDS Overview of the Regional Housing Needs Assessment The Regional Housing Needs Assessment (RHNA) is a key requirement for local governments to plan for anticipated growth. The RHNA quantifies the anticipated need for housing within each jurisdiction for the 6th Housing Element cycle extending from July 2021 to October 2029. Communities then determine how they will address this need through the process of updating the Housing Elements of their General Plans. The RHNA for the 6th cycle was adopted by the Southern California Association of Governments (SCAG) in March 2021. The need for housing is determined by the forecasted growth in households as well as existing need due to overcrowding and overpayment. Each new household created by a child moving out of a parent’s home or by a family moving to a community creates the need for a housing unit. The housing need for new households is then adjusted to maintain a desirable level of vacancy to promote housing choice and mobility. An adjustment is also made to account for units lost due to demolition, natural disaster, or conversion to non-housing uses. Total housing need is then distributed among four income categories on the basis of the county’s income distribution, with adjustments to avoid an over-concentration of lower- income households in any community. More information about the RHNA process may be found on SCAG’s website at https://scag.ca.gov/rhna. 2021-2029 Diamond Bar Growth Needs The total housing growth need for the City of Diamond Bar during the 2021- 2029 planning period is 2,521 units. This total is distributed by income category as shown in Table 9-27. Table 9-27: 2021-2029 Regional Housing Growth Needs, Diamond Bar Very Low Low Moderate Above Moderate Total 844* 434 437 806 2,521 *Per state law, half of the very-low units are assumed to be in the extremely low category Source: SCAG 3/4/2021 6.1.b Packet Pg. 98 9-22 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 It should be noted that SCAG did not identify growth needs for the extremely- low-income category in the RHNA. As provided in Assembly Bill (AB) 2634 of 2006, jurisdictions may determine their extremely-low-income need as one- half the need in the very-low category. The City’s inventory of land to accommodate the RHNA allocation is discussed in Section 9.3, Resources and Opportunities. 6.1.b Packet Pg. 99 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-23 9.0 9.3 RESOURCES AND OPPORTUNITIES A variety of resources are available for the development, rehabilitation, and preservation of housing in the City of Diamond Bar. This section provides a description of the land resources and adequate sites to address the City’s regional housing need allocation, and discusses the financial and administra- tive resources available to support the provision of affordable housing. Additionally, opportunities for energy conservation that can lower utility costs and increase housing affordability are addressed. LAND RESOURCES Section 65583(a)(3) of the California Government Code requires Housing Elements to include an “inventory of land suitable for residential develop- ment, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites.” A detailed analysis of vacant land and potential redevelop- ment opportunities is provided in Appendix B, Table B-1, which shows that the City’s land inventory, including projects approved and the potential development of vacant and underutilized parcels, is sufficient to accommodate the RHNA for this planning period in all income categories. A discussion of public facilities and infrastructure needed to serve future development is contained in “Non- Governmental Constraints” in Section 9.4. There are currently no known service limitations that would preclude the level of development described in the RHNA, although developers will be required to pay fees or construct public improvements prior to or concurrent with development. FINANCIAL AND ADMINISTRATIVE RESOURCES State and Federal Resources Community Development Block Grant Program (CDBG) - Federal funding for housing programs is available through the Department of Housing and Urban Development (HUD). Diamond Bar participates in the Community Development Block Grant (CDBG) program and receives its allocation of CDBG funds through the Los Angeles County Development Authority (LACDA). The CDBG program is very flexible in that the funds can be used for a wide range of activities. The eligible activities include, but are not limited to, acquisition and/or disposition of real estate property, public facilities and improvements, relocation, rehabilitation and construction of housing, homeownership assistance, and clearance activities. In 2002 the City Council approved the establishment of a Home Improvement Program (HIP) to provide housing rehabilitation assistance to qualified low- and moderate-income households. CDBG funds are allocated to the HIP on an annual basis. HIP funds are used for exterior property 6.1.b Packet Pg. 100 9-24 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 improvements and for repairs to alleviate health and safety issues and to correct code violations. In addition, HIP funds may be used to improve home access to disabled persons and for the removal of lead-based paint hazards. The City’s CDBG allocation for the 2020- 21 Program Year was $243,522, which included an allocation for the HIP of $100,000. Under CDBG regulations, the HIP is eligible to receive unexpended CDBG funds from the previous fiscal year that are reallocated by the LACDA. Each household that qualifies for the HIP program is eligible to receive up to $20,000 as a no-interest, deferred loan. The City actively promotes the program and consistently exhausts its funding allocation each year. The City anticipates receiving approximately $232,000 in CDBG funds from LACDA during 2021-22. Section 8 Rental Assistance – The City of Diamond Bar cooperates with the LACDA, which administers the Section 8 Voucher Program. The Section 8 program provides rental assistance to low-income persons in need of affordable housing. There are two types of subsidies under Section 8: certificates and vouchers. A certificate pays the difference between the fair market rent and 30% of the tenant’s monthly income, while a voucher allows a tenant to choose housing that may cost above the fair market figure, with the tenant paying the extra cost. The voucher also allows the tenant to rent a unit below the fair market rent figure with the tenant keeping the savings. Low-Income Housing Tax Credit Program - The Low-Income Housing Tax Credit Program was created by the Tax Reform Act of 1986 to provide an alternate method of funding low-and moderate-income housing. Each state receives a tax credit, based upon population, toward funding housing that meets program guidelines. The tax credits are then used to leverage private capital into new construction or acquisition and rehabilitation of affordable housing. Limitations on projects funded under the Tax Credit programs include minimum require- ments that a certain percentage of units remain rent-restricted, based upon median income, for a term of 15 years. Local Resources Tax Exempt Multi-Family Revenue Bonds – The construction, acquisition, and rehabilitation of multi-family rental housing developments can be funded by tax exempt bonds which provide a lower interest rate than is available through conventional financing. Projects financed through these bonds are required to set aside 20% of the units for occupancy by very low- income households or 40% of the units to be set aside for households at 60% of the area median income (AMI). Tax exempt bonds for multi-family housing may also be issued to refinance existing tax-exempt debt, which is referred to as a refunding bond issue. The Seasons Diamond Bar Senior Apartments was refinanced in 1999 under the California Community Development Authority’s Multifamily Housing Re-funding Bond. According to the terms of the new bond agreement, income restrictions for residents and corresponding rent limits were set. For the duration of the bond which expires 6.1.b Packet Pg. 101 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-25 9.0 in December of 2034, all units will be affordable: 30 units will be very low income at 50% AMI, 82 units will be low income at 80% AMI, and 37 units will be moderate income at 100% AMI. The Seasons Apartments are owned by the Corporate Fund for Housing, a non- profit organization. Housing Agreements – The City can assist in the development of new affordable housing units by entering into Disposition Development Agree- ments (DDA) or Owner Participation Agreements (OPA) with developers. DDAs or OPAs may provide for the disposition of Agency-owned land at a price which can support the develop- ment of units at an affordable housing cost for low- and moderate-income households. These agreements may also provide for development assistance, usually in the form of a density bonus or the payment of specified development fees or other development costs which cannot be supported by the proposed development. Mortgage Credit Certificates – The Mortgage Credit Certificates (MCC) program3 is designed to help low- and moderate-income first-time home- buyers qualify for conventional first mortgage loans by increasing the homebuyer’s after-tax income. The MCC is a direct tax credit for eligible homebuyers equal to 20% of the mortgage interest paid during the year. The other 80% of mortgage interest can still be taken as an income deduction. Diamond Bar is a participating city in the County-run MCC program. 3 https://wwwa.lacda.org/for-homeowners/homebuyer/mortgage-credit-certificate-program 4 https://wwwa.lacda.org/for-homeowners/homebuyer/southern-california-home-financing- authority Home Ownership Program – The Home Ownership Program (HOP) provides assistance to low-income, first-time homebuyers in purchasing a home. It is administered by the Los Angeles County Development Authority’s Housing Development and Preservation Division. The program has provided hundreds of Los Angeles County residents with the means to afford to fulfill their dream of home ownership. The maximum gross annual income for eligible participants is 80% of the median income for Los Angeles County. Southern California Home Financing Authority Programs – SCHFA4 is a joint powers authority between Los Angeles and Orange Counties formed in 1988 to issue tax-exempt mortgage revenue bonds for low- to moderate-income First-Time Homebuyers. SCHFA has helped thousands of individuals and families fulfill their dreams of owning a home. This program makes buying a home more affordable for qualifying homebuyers by offering a competitive 30-year fixed rate loan and a grant for down-payment and closing costs assistance. The program is administered by the Los Angeles County Development Authority and the Public Finance Division of the County of Orange. SCHFA does not lend money directly to homebuyers. Homebuyers must work directly with a participating lender. The income limit for Los Angeles County households as of 2021 is $135,120. 6.1.b Packet Pg. 102 9-26 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Fannie Mae Down Payment Assistance Program5 – The Federal National Mortgage Association, known as “Fannie Mae,” offers a program that provides second mortgages to homeowners. The second mortgage can serve as the down payment and closing costs on home purchases. Under this program, a city or county is required to post a reserve fund equal to 20% of an amount that Fannie Mae then makes available for such mortgages. Non-Profit Organizations – Non-profit organizations play a major role in the development of affordable housing in Los Angeles County. LACDA supple- ments its own efforts of producing affordable housing by entering into partnerships with private sector and non-profit developers and housing development corporations. ENERGY CONSERVATION OPPORTUNITIES As residential energy costs rise, the subsequent increasing utility costs reduce the affordability of housing. Although the City is mostly developed, new infill development and rehabilita- tion activities could occur, allowing the City to directly affect energy use within its jurisdiction. State of California Energy Efficiency Standards for Residential and Nonresidential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. The standards are codified in Title 24 of the California Code of Regulations and are updated periodically to allow consideration and possible incorpora- tion of new energy efficiency technologies and methods. The most recent update to State Building Energy Efficiency Standards were adopted in 2019. Building Energy Efficiency Standards have saved Californians billions of dollars in reduced electricity bills. They conserve nonrenewable resources, such as natural gas, and 5 https://singlefamily.fanniemae.com/originating-underwriting/mortgage-products/shared- equity-homebuyer-assistance-programs 6 California Energy Commission (https://www.energy.ca.gov/programs-and- topics/programs/building-energy-efficiency-standards ) ensure renewable resources are extended as far as possible so power plants do not need to be built.6 Title 24 sets forth mandatory energy standards and requires the adoption of an “energy budget” for all new residential buildings and additions to residential buildings. Separate require- ments are adopted for “low-rise” residential construction (i.e., no more than three stories) and non-residential buildings, which includes hotels, motels, and multi-family residential buildings with four or more habitable stories. The standards specify energy saving design for lighting, walls, ceilings and floor installations, as well as heating and cooling equipment and systems, gas cooling devices, conservation standards and the use of non-depleting energy sources, such as solar energy or wind power. The home building industry must comply with these standards while localities are responsible for enforcing the energy conservation regulations 6.1.b Packet Pg. 103 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-27 9.0 through the plan check and building inspection processes. In addition to State energy regulations, the City encourages energy efficiency through its Climate Action Plan7 and Home Improvement Program, which provides low- and moderate-income households funds for home improve- ments that may include insulation and energy-efficient windows and doors. The City also encourages mixed-use development, which facilitates energy efficiency by reducing vehicular trip lengths. The City also publishes a monthly Diamond Bar Connection newsletter at https://www.diamondbarca.gov/208/D iamond-Bar-Connection---Monthly- Newslet, which informs residents of energy conservation tips and cost saving programs through the various utility providers. 7 https://www.diamondbarca.gov/DocumentCenter/View/7071/Diamond-Bar-Climate-Action- Plan-2040pdf?bidId= 6.1.b Packet Pg. 104 9-28 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 9.4 CONSTRAINTS This section evaluates potential constraints to the development, maintenance and improvement of housing, and identifies appropriate steps to mitigate potential constraints, where feasible. Potential constraints to housing are discussed below, and include both governmental and non- governmental factors. GOVERNMENTAL CONSTRAINTS Governmental regulations, while intended to protect the public health, safety and welfare, can also unintentionally increase the cost of housing. Potential governmental constraints include land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local development processing and permit procedures. Land Use Plans and Regulations General Plan Each city and county in California must prepare a comprehensive, long-term General Plan to guide its future. The land use element of the General Plan establishes the basic land uses and density of development within the various areas of the City. Under State law, the General Plan elements must be internally consistent and the City’s zoning and development regulations must be consistent with the General Plan. Thus, the land use plan must provide suitable locations and densities to implement the policies of the Housing Element. In 2019 the City adopted a comprehensive General Plan update8 that provides guiding policies for land use and development through the 2040 horizon year. The 2040 Diamond Bar General Plan Land Use Element provides for seven residential land use designations and four mixed-use designations allowing residential use, as shown in Table 9-28. The Land Use & Economic Development Chapter designates approximately 5,148 acres (54%) of the land area within City limits for residential uses, and mixed-use designations allowing residential use comprise an additional 284 acres. These land use designations provide for a wide range of residential types and densities throughout the City. 8 https://www.diamondbarca.gov/961/General-Plan-2040 6.1.b Packet Pg. 105 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-29 9.0 Table 9-28: Land Use Categories, Diamond Bar 2040 General Plan Source: Diamond Bar 2040 General Plan, Table 2-2 6.1.b Packet Pg. 106 9-30 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 General Plan Focus Areas The 2040 General Plan identifies four focus areas where major land use changes are planned as part of a strategy to provide walkable mixed-use activity centers. These focus areas provide opportunities for infill develop- ment that can incorporate a range of housing, employment, and recreational uses to meet the needs of families, young people, senior citizens, and residents of all incomes. These focus areas were designed in response to community priorities including a desire for expanded access to entertainment and community gathering places, and the need to accommodate the City’s growing and diverse population. New land use designations were established for each of these focus areas to facilitate development, as described under Land Use Classifications, below. In these focus areas, maximum development is expressed as dwelling units per gross site area and floor area ratio (FAR), which is the ratio between building floor area and lot area. • The Town Center Mixed Use focus area, located along Diamond Bar Boulevard between SR-60 and Golden Springs Drive, is intended to build on the success of recent commercial redevelopment in that area. The Town Center is designated for mixed-use develop- ment that would serve as a center of activity for residents and provide housing, entertainment and retail opportunities and community gathering spaces in a pleasant, walkable environment. A maximum residential density of 20.0 dwelling units per acre and maximum FAR of 1.5 are permitted. • The Neighborhood Mixed Use focus area is envisioned as a combination of residential and ancillary neighborhood-serving retail and service uses to promote revitalization of the segment of North Diamond Bar Boulevard between the SR-60 interchange and Highland Valley Road. This neighborhood has potential to benefit from its proximity to Mt. San Antonio College and Cal Poly Pomona. This land use designation has an allowable residential density of up to 30.0 dwelling units per acre and a maximum FAR of 1.25. • The Transit-Oriented Mixed Use focus area leverages underutilized sites adjacent to the Metrolink commuter rail station to provide for higher-density housing, offices, and supporting commercial uses close to regional transit. This focus area allows for new employment and housing development in a key location that emphasizes multi- modal transportation options. This General Plan designation allows residential development at a density of 20.0 to 30.0 dwelling units per acre and a maximum FAR of 1.5. • The Community Core focus area covers the existing Diamond Bar Golf Course, which is currently operated by Los Angeles County. Should the County choose to discontinue operation of the golf course or to reduce its size, the Community Core would be the City’s preferred approach to reuse of the site. The Community Core is envisioned as a master-planned mixed-use, pedestrian-oriented community and regional destination. The majority of the northern portion is envisioned to support a park or consolidated golf course along with additional community or civic uses. The 6.1.b Packet Pg. 107 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-31 9.0 southern portion is envisioned to accommodate a mix of uses emphasizing destination and specialty retail, dining, and entertainment, including oppor- tunities for residential, hospitality, and community and civic uses. This location benefits from proximity to the freeways and nearby commercial uses. The General Plan does not specify density or intensity standards for this focus area and a master plan will be required for the entire property to ensure its cohesive development. Zoning Designations The City regulates the type, location, density, and scale of residential development through the Develop- ment Code (Title 22 of the Diamond Bar Municipal Code) and Zoning Map. These regulations serve to implement the General Plan and are designed to protect and promote the health, safety, and general welfare of residents. The Development Code and Zoning Map set forth residential development standards and review procedures for each zoning district. The seven zoning districts that allow residential units as a permitted use are as follows: RR Rural Residential RL Low Density Residential RLM Low Medium Density Residential RM Medium Density Residential RMH Medium High Density Residential RH High Density District RH-30 High Density District (30 units per acre) A summary of the development standards for these zoning districts is provided in Table 9-29. These develop- ment standards provide for a range of housing types and do not create unreasonable constraints on the development of housing. Table 9-29: Residential Development Standards Development Standard1 Zoning District Designations RR RL RLM RM RMH RH/RH-30 Maximum density (units/acre) 1 3 5 12 16 20/30 Minimum Lot Area (sq. ft.) 1 acre 10,000 sf 8,000 sf 5,000 sf 5,000 sf 5,000 sf Minimum Front Yard (ft.) 30 ft 20 ft 20 ft 20 ft 20 ft 20 ft Minimum Side Yard (ft.) 15 ft. on one side, and 10 ft. on the other2 10 ft. on one side, and 5 ft. on the other3 10 ft. on one side, and 5 ft. on the other3 5 ft. 5 ft. 5 ft. plus 1 ft. for each story over 2 Minimum Street Side Setback (ft.) 15 ft., reversed corner lot; 10 ft. otherwise 10 ft., reversed corner lot; 5 ft. otherwise 10 ft., reversed corner lot; 5 ft. otherwise 10 ft., reversed corner lot; 5 ft. otherwise 7.5 ft., reversed corner lot; 5 ft. otherwise 7.5 ft., reversed corner lot; 5 ft. otherwise Minimum Rear Yard (ft.) 25 ft.4 20 ft.4 20 ft.4 25 ft.4 20 ft.4 20 ft.4 Maximum Lot Coverage (%) 30% 40% 40% 30% 30% 30% Maximum Building Height (ft.) 35 ft 35 ft 35 ft 35 ft 35 ft 35 ft Source: Diamond Bar Zoning Ordinance Notes: 1. Development standards in the planned communities are governed by a master plan, specific plan, or similar document and may vary from current zoning. 2. There cannot be less than 25 ft. between structures on adjoining parcels. 3. There cannot be less than 15 ft. between structures on adjoining parcels. 4. From the property line or building pad on a descending slope, whichever is applicable. 6.1.b Packet Pg. 108 9-32 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 A summary of the types of housing permitted by the City’s Development Code is provided in Table 9-30. Table 9-30: Permitted Residential Development by Zoning District Housing Type RR RL RLM RM RMH RH/RH-30 Single-Family Detached P P P P P P Single-Family Attached P P P Multi-Family P P P Manufactured Housing P P P P P P Mobile Home Park CUP CUP CUP CUP CUP CUP Second Units P P Emergency Shelters1 Transitional & Supportive Housing 2 2 2 2 2 2 Residential Care Home (6 or fewer persons)3 P P P P P P Residential Care Home (7 or more persons)3 CUP CUP CUP Senior Housing P P P P P P Single Room Occupancy4 Source: Diamond Bar Zoning Ordinance P = Permitted, ministerial zoning clearance required CUP = Conditional Use Permit Notes: 1. Emergency shelters are permitted in the Light Industrial zone. 2. Transitional and supportive housing are permitted in any residential zone subject to the same standards and procedures as apply to other residential uses of the same type in the same zone. 3. Residential Care Homes are defined as facilities providing residential social and personal care for children, the elderly, and people with some limits on their ability for self-care, but where medical care is not a major element. Includes children's' homes; family care homes; foster homes; group homes; halfway houses; orphanages; rehabilitation centers; and similar uses. 4. SROs are conditionally permitted in the I (light industrial) zone The Development Code provides for a variety of housing types including single-family homes (both attached and detached), multi-family (both rental and condominiums), manufactured housing, special needs housing, and accessory dwelling units. Effect of Zoning and Development Standards on Housing Supply and Affordability Development standards can affect the feasibility of development projects, particularly housing that is affordable to lower- and moderate-income households. The most significant of these standards is density. Higher densities generally result in lower per- unit land costs, thereby reducing overall development cost, although this is not always the case. For example, at 9 Memo of June 20, 2012 from California Department of Housing and Community Development. some point higher density may require more expensive construction methods such as parking structures, or below- grade garages. Pursuant to AB 2348 of 2004, the “default density” for Diamond Bar is 30 dwelling units per acre9. The default density refers to the density at which lower-income housing development is presumed to be feasible, although State law allows jurisdictions to propose alternative densities that are sufficient to facilitate affordable housing based on local experience and circum- stances. The RH-30 district allows multi- family development at the default density of 30 units per acre. In addition, the Neighborhood Mixed Use and Transit-Oriented Mixed Use land use designations allow residential develop- ment at up to 30 units/acre. The City is 6.1.b Packet Pg. 109 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-33 9.0 currently in the process of updating the Development Code to establish regulations consistent with these new General Plan land use designations (see Program H-8 in Section 9.5). Although appropriate development standards are necessary for affordable housing to be feasible, large public subsidies are typically necessary to reduce costs to the level that lower- income households can afford. Special Needs Housing Persons with special needs include those in residential care facilities, persons with disabilities, the elderly, farm workers, persons needing emergency shelter or transitional living arrangements, and single room occupancy units. The City’s provisions for these housing types are discussed below. Residential Care Facilities Residential care facilities refer to any family home, group home, or rehabilitation facility that provides non- medical care to persons in need of personal services, protection, super- vision, assistance, guidance, or training essential for daily living. The Development Code explicitly references Residential Care Homes (§22.80.020). In accordance with State law, residential care homes that serve six or fewer persons are permitted by- right in all residential districts with only a ministerial zoning clearance required. Residential care homes serving more than six persons are permitted by conditional use permit in the RM, RMH, and RH Districts. There are no separation requirements for residential care facilities. These provisions are consistent with State law and do not pose a significant constraint on the establishment of such facilities. Definition of Family Development Code §22.80.020 defines family as “one or more persons living together as a single housekeeping unit in a dwelling unit.” Single housekeeping unit means “the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.” These definitions are consistent with fair housing law and do not pose an unreasonable constraint to housing. Housing for Persons with Disabilities Both the federal Fair Housing Act and the California Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodations (i.e., modifications or exceptions) in their zoning laws and other land use regulations when such accommoda- tions may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. The Building Codes adopted by the City of Diamond Bar incorporate accessibility standards contained in Title 24 of the California Administrative Code. For 6.1.b Packet Pg. 110 9-34 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 example, apartment complexes of three or more units and condominium complexes of four or more units must be designed to accessibility standards. Compliance with building codes and the Americans with Disabilities Act (ADA) may increase the cost of housing production and can also impact the viability of rehabilitation of older properties required to be brought up to current code standards. However, these regulations provide minimum standards that must be complied with to ensure the development of safe and accessible housing. Senate Bill 520 of 2001 requires cities to make reasonable accommodation in housing for persons with disabilities. The City has adopted procedures (Development Code §22.02.060) for reviewing and approving requests for reasonable accommodation for persons with disabilities consistent with State law. The director, planning commission or city council shall approve a request for a reasonable accommodation subject to the following findings: 1. The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws. 2. The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws. 3. The requested reasonable accommodation will not impose an undue financial or administrative burden on the city, as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration of the nature of the city's zoning or building laws, and policies and procedures, as "fundamental alteration" is defined in fair housing laws and interpretive case law. In making a decision regarding the reasonableness of the requested accommodation, the following factors may be considered: 1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. 2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. 3. In the case of a residential care facility or sober living home or similar group home for the disabled, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. 4. Whether the requested accommodation would fundamentally alter the character of the neighborhood; 5. Whether the accommodation would result in a substantial 6.1.b Packet Pg. 111 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-35 9.0 increase in traffic or insufficient parking; 6. Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan; 7. In the case of a residential care facility or sober living home or similar group home for the disabled, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. Farm Worker Housing As discussed in Section 9.2, Housing Needs Assessment, the City of Diamond Bar has no major agricultural areas and no significant need for permanent on- site farm worker housing. Commercial agriculture is not permitted in any residential zoning district. The City’s overall efforts to provide and maintain affordable housing opportunities will help to support the few seasonal farm workers that may choose to reside in the City. Housing for the Elderly Senior housing projects are a permitted use in all residential districts. A density bonus is also permitted for the construction of senior housing pursuant to Government Code §§65915-65918. Development Code §22.30.040 establishes reduced parking requirements for senior housing of 1 space for each unit with half the spaces covered, plus 1 guest parking space for each 10 units. These regulations are not considered to be a constraint to the development of senior housing because the regulations are the same as for other residential uses in the same districts. Emergency Shelters, Transitional/ Supportive Housing and Low Barrier Navigation Centers Emergency shelters are facilities that provide a safe alternative to the streets either in a shelter facility, or through the use of motel vouchers. Emergency shelter is short-term and usually for 30 days or less. Transitional housing is longer-term, typically up to 2 years, while supportive housing may have no occupancy limit. Programs that operate transitional and supportive housing generally require that the resident participate in a structured program to work toward established goals so that they can move on to permanent housing and may include supportive services such as counseling. SB 2 of 2007 strengthened the planning requirements for emergency shelters and transitional/supportive housing. This bill requires jurisdictions to evaluate their need for shelters compared to available facilities to address the need. If existing shelter facilities are not sufficient to accommodate the need, jurisdictions must designate at least one zone where year-round shelters can be accommodated. There are currently no emergency shelters located in the City. As noted in Section 9.2, the most recent homeless survey reported 4 homeless persons living in Diamond Bar. To reduce constraints to the establish- ment of emergency shelters, the Development Code was amended to allow shelters with up to 30 beds by- right in the Light Industrial (I) zone subject to objective development standards. This zone encompasses approximately 98 acres with an 6.1.b Packet Pg. 112 9-36 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 average parcel size of 1.6 acres and contains underutilized parcels and vacant buildings that could accommo- date at least one emergency shelter. In 2019 the San Gabriel Valley Council of Governments initiated a study to assess the needs of the homeless and develop a coordinated strategy to address those needs. As a member jurisdiction, Diamond Bar is cooperating in this study and is committed to a fair- share approach to providing the necessary services and facilities for the homeless persons and families identified in the community. SB 2 also requires that transitional and supportive housing be considered a residential use that is subject only to the same requirements and procedures as other residential uses of the same type in the same zone. The Development Code establishes regulations for transitional and supportive housing in compliance with State law. In 2018 AB 2162 amended State law to require that supportive housing be a use by- right in zones where multi-family and mixed uses are permitted, including non-residential zones permitting multi- family uses, if the proposed housing development meets specified criteria. Program H-11 in Section 9.5 includes a commitment to process an amendment to the Development Code in compliance with this requirement. In 2019 the State Legislature adopted AB 101 establishing requirements related to local regulation of low barrier navigation centers, which are defined as “Housing first, low-barrier, service- enriched shelters focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.” Low Barrier means best practices to reduce barriers to entry, and may include, but is not limited to: (1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth (2) Accommodation of residents’ pets (3) The storage of possessions (4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms” Low barrier navigation centers meeting specified standards must be allowed by-right in areas zoned for mixed use and in nonresidential zones permitting multi-family uses. Program H 11 in Section 9.5 includes a commitment to process an amendment to the Development Code in compliance with this requirement. Single Room Occupancy Single room occupancy (SRO) facilities are small studio-type units and are conditionally permitted in the Light Industrial District pursuant to Sec. 22.42.160 of the Development Code. Development standards for these uses do not pose an unreasonable constraint to SRO development. Off-Street Parking Requirements The City’s current parking requirements for residential uses vary by residential type. Single-family dwellings and duplex housing require two parking spaces per unit in a garage. Mobile homes require two parking spaces plus guest parking. Studio units require one 6.1.b Packet Pg. 113 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-37 9.0 space for each unit in a garage, plus guest parking. Multi-family dwellings, condos, and other attached dwellings are required to have two spaces in a garage for each unit plus 0.5 space for each bedroom over two, and guest parking. Accessory dwelling units are required to have one space in addition to that required for the single-family unit. Senior housing projects are required to provide one space for each unit with half of the spaces covered, plus one guest parking space for each ten units. Senior congregate care facilities are required to have 0.5 space for each residential unit, plus one space for each four units for guests and employees. Extended care facilities are required to provide one space for each three beds the facility is licensed to accommodate. These parking requirements are summarized in Table 9-31. The City is currently preparing an update to the Development Code to reflect new policies contained in the 2040 General Plan. Examples of General Plan parking policies that will be implemented through revised development regulations include the following: • LU-P-15 – Encourage mixed-use development in infill areas by providing incentives such as reduced parking requirements and/or opportunities for shared parking. • LU-P-32 – In conjunction with new development, implement an overall parking strategy for the Transit-Oriented Mixed-Use neighborhood, including consolidation of smaller parking lots and district-wide management of parking resources. • LU-P-33 – Consider amendments to the Development Code parking regulations as needed to allow lower parking minimums for developments with a mix of uses with different peak parking needs, as well as developments that implement enforceable residential parking demand reduction measures, such as parking permit and car share programs. • LU-P-43 – When updating the Development Code’s parking standards or preparing specific plans, evaluate parking ratios for the Town Center to balance the financial feasibility of develop- ment projects with the provision of adequate parking for visitors. Coordinate with developers and transit agencies to the extent possible to provide alternative modes of transportation to allow for reduced parking requirements. • CC-P-26 – Establish reduced minimum commercial parking requirements for all develop- ment within new mixed-use land use designations. Reduced parking requirements should be supported by proximity to transit, shared parking, and technologies that, once mainstreamed, would reduce the need for conventional parking layouts. • CC-P-49 – Encourage reductions in surface parking and allow for the development of consolidated parking structures, provided that they are screened 6.1.b Packet Pg. 114 9-38 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 from view from Diamond Bar Boulevard and Golden Springs Drive. • CR-P-37 – Ensure that secure and convenient bicycle parking is available at major destinations such as the Town Center, commercial centers, transit stops, schools, parks, multi-family housing, and large employers. • CR-G-14 – Provide adequate parking for all land use types, while balancing this against the need to promote walkable, mixed-use districts and neighbor- hoods in targeted areas, and promoting ride-sharing and alternative transportation modes. • CR-P-53 – Update parking standards in the Development Code to ensure that they are reflective of the community’s needs, using current data on parking demand and taking into consideration demographics and access to alternative modes of transportation. • CR-P-54 – Incorporate criteria in the Development Code to allow reductions in parking require- ments in exchange for VMT reduction measures. These policies will be implemented through revisions to required parking as part of the Development Code (see Program H-8) and will minimize the effect of required parking as a constraint on the production of affordable housing. Table 9-31: Residential Parking Requirements Type of Unit Minimum Parking Space Required Single Family Detached Dwellings 2 off-street parking spaces per dwelling (in a garage) Duplex Housing Units 2 off-street parking spaces for each unit (in a garage) Mobile Homes (in M.H. parks) 2 off-street parking spaces for each mobile home (tandem parking allowed in an attached carport), plus guest parking* Accessory Dwelling Units 1 off-street parking space in addition to that required for a single-family unit Multi-Family Dwellings, Condominiums, and Other Attached Dwellings* Studio 1.0 off-street parking space per dwelling unit (in a garage), plus guest parking* 1 or More Bedrooms 2.0 off-street parking spaces per unit (in a garage), plus 0.5 additional spaces for each bedroom over 2, plus guest parking** Senior Housing Projects 1 off-street parking space per unit with half of the spaces covered, plus 1 guest parking space for each 10 units Senior Congregate Care Facilities 0.5 space for each residential unit, plus 1 space for each 4 units for guests and employees Extended Care Facilities (elderly, skilled nursing facilities and residential care homes) 1 space for each 3 beds the facility is licensed to accommodate *Reduced parking is allowed for projects that provide affordable housing pursuant to state Density Bonus law. ** Guest parking shall be provided at a ratio of one space for each four required parking spaces. Source: Diamond Bar Development Code, 3/2021 Accessory Dwelling Units Accessory dwelling units (ADUs) provide an important source of affordable housing for seniors, young adults, caregivers and other low- and moderate-income segments of the population. In recent years, the State Legislature has adopted extensive changes to ADU law to encourage housing production. Among the most 6.1.b Packet Pg. 115 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-39 9.0 significant changes is the requirement for cities to allow one ADU plus one “junior ADU” on single-family residential lots by-right subject to limited develop- ment standards. In 2021 the City amended ADU regulations in conformance with current law, and Program H-10 in Section 9.5 includes a commitment to continue to encourage ADU production. Density Bonus Under Government Code §§65915- 65918, a density increase over the otherwise maximum allowable residential density under the Municipal Code is available to developers who agree to construct housing develop- ments with units affordable to low- or moderate-income households or senior citizen housing development. AB 2345 of 2019 amended State law to revise density bonus incentives that are available for affordable housing developments. Program H 12 in Section 9.5 includes a commitment to amend the Development Code to include these changes to State density bonus law. Mobile Homes/Manufactured Housing There is often an economy of scale in manufacturing homes in a plant rather than on site, thereby reducing cost. State law precludes local governments from prohibiting the installation of mobile homes on permanent foundations on single-family lots. It also declares a mobile home park to be a permitted land use on any land planned and zoned for residential use, and prohibits requiring the average density in a new mobile home park to be less than that permitted by the Municipal Code. In the City of Diamond Bar, manufac- tured housing is allowed in all residential zones as a permitted use provided the installation complies with the site development standards for the applicable zoning district. Mobile home parks are allowed as conditional use within all residential districts. There are two mobile home parks in Diamond Bar, both located in the western portion of the City: Diamond Bar Estates and Walnut Creek Estates. Condominium Conversions In order to reduce the impacts of condominium conversions on residents of rental housing, some of which provides housing for low- and moderate-income persons, the City’s Municipal Code requires that in addition to complying with all of the regulations and noticing requirements of the Subdivision Map Act for condo conversions, the applicant must propose a relocation assistance program that will assist tenants displaced through the conversion in relocating to equivalent or better housing, assess the vacancy rate in multi-family housing within the City, and provide a report to all tenants of the subject property at least three days prior to the hearing. When a condo conversion is permitted, the increase in the supply of less expensive for-sale units helps to compensate for the loss of rental units. The ordinance to regulate condominium conversions is reasonable to preserve rental housing opportunities and does not present an unreasonable constraint on the production of ownership housing. Building Codes State law prohibits the imposition of building standards that are not necessitated by local geographic, climatic or topographic conditions and requires that local governments making changes or modifications in building standards must report such changes to 6.1.b Packet Pg. 116 9-40 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 the Department of Housing and Community Development and file an expressed finding that the change is needed. The City’s building codes are based upon the California Building, Plumbing, Mechanical and Electrical Codes. These are considered to be the minimum necessary to protect the public's health, safety and welfare. No additional regulations have been imposed by the City that would unnecessarily add to housing costs. Building Codes are enforced primarily through the plan check and building inspection process. DEVELOPMENT PROCESSING PROCEDURES Residential Permit Processing State Planning and Zoning Law provides permit processing require- ments for residential development. Within the framework of state require- ments, the City has structured its development review process to minimize the time required to obtain permits while ensuring that projects receive careful review. All residential development is reviewed by City staff for zoning, building, and fire code compliance prior to issuance of building permits. Processing times vary and depend on the size and complexity of the project. Projects reviewed by the Planning Commission, such as Conditional Use Permits, typically require between 1 and 2 months to process. Tentative parcel maps and tentative tract maps typically require 3 to 6 months to process. Projects reviewed by the City Council, such as General Plan and Zoning Amendments, typically require between 3 and 6months to process. Table 9-32 identifies the current review authority responsible for making decisions on land use permits and other entitlements, as well as the estimated processing time for each type of application. Table 9-32: Review Authority for Residential Development Type of Permit or Decision (*) Est. Processing Time Director Hearing Officer Planning Commission City Council Administrative Development Review (SF or MF) 6-8 weeks Final Appeal Appeal Development Review (SF or MF) 8 weeks Final Appeal Development Agreement** 12-24 weeks Recommend Final Minor Conditional Use Permit 4-6 weeks Final Appeal Appeal Conditional Use Permit 8 weeks Final Appeal Minor Variance 2-4 weeks Final Appeal Appeal Variance** 4-8 weeks Final Appeal General Plan Amendment** 12-24 weeks Recommend Final Specific Plan** 12-24 weeks Recommend Final Zoning Map or Development Code Amendment 12-24 weeks Recommend Final Tentative Map** 12-24 weeks Recommend Final Plot Plan 4 weeks Final Appeal Appeal Zoning Clearance (over the counter) 1 week Final Appeal Appeal Source: Diamond Bar Development Code; Community Development Department * The Director and Hearing Officer may defer action on permit applications and refer the item(s) to the Commission for final decision. ** Permit typically involves environmental clearance pursuant to CEQA and is subject to the Permit Streamlining Act. 6.1.b Packet Pg. 117 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-41 9.0 Certain steps of the development process are required by State rather than local laws. The State has defined processing deadlines to limit the amount of time needed for review of required reports and projects. The following describes the five-step development review process in Diamond Bar: • Application Submittal. Applications for land use permits and other matters pertaining to the Development Code must be filed on a City application form, together with all necessary fees and/or deposits, exhibits, maps, materials, plans, reports, and other information required by the Development Services Department. Prior to submitting an application, applicants are strongly encouraged to request a pre-application conference with staff. The purpose of the pre- application conference is to inform the applicant of City requirements as they pertain to the proposed development project, review the procedures outlined in the Development Code, explore possible alternatives or modifications, and identify necessary technical studies and required information related to the environmental review of the project. Single-family residential uses are permitted by-right in all residential zoning districts. Multi-family residential uses are permitted by- right in the RM, RMH and RH zones. All new residential construction and some additions to existing residences are subject to “Development Review.” Development Review and Administrative Development Review applications for projects that also require the approval of another discretionary permit (e.g. conditional use permit) shall be acted upon concurrently with the discretionary permit and the final determination shall be made by the highest level of review authority in compliance with Table 9-32. Development Review. An applica- tion for Development Review is required for residential projects that propose one or more dwelling units (detached or attached) and that involve the issuance of a building permit for construction or reconstruction of a structure(s) meeting the following criteria: • New construction on a vacant lot and new structures, additions to structures, and reconstruction projects which are equal to 50% or greater of the floor area of existing structures on site, or have 5,001 square feet or more of combined gross floor area in any commercial, industrial, and institutional development; or • Projects involving a substantial change or intensification of land use (e.g., the conversion of and existing structure to a restaurant, or the conversion of a residential structure to an office or commercial use); or • Residential, commercial, industrial, or institutional projects proposed upon a descending slope abutting a public street. 6.1.b Packet Pg. 118 9-42 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Administrative Development Review. An application for Administrative Development Review is required for residential, industrial, and institutional developments that involve the issuance of a building permit for construction or reconstruction of a structure(s) meeting the following thresholds of review: • Commercial, industrial, and institutional developments that propose up to 5,000 square feet of combined floor area; or • Projects that do not meet the specific criteria for Development Review. Development Review and Administrative Development Review are non-discretionary review procedures intended to address design issues such as landscaping and building massing, and do not include a review of the merits or suitability of the use itself. • Initial Application Review. The Director reviews all applications for completeness and accuracy before they are accepted as being complete and officially filed. Processing of applications does not commence until all required fees and deposits have been paid. Without the applica- tion fee or a deposit, the application is not deemed complete. Within 30 days of a submittal, staff reviews the application package and the applicant is informed in writing of whether or not the application is deemed complete and has been accepted for processing. If the application is incomplete, the applicant is advised regarding what additional information is required. If a pending application is not deemed complete within 6 months after the first filing with the Department, the application expires and is deemed withdrawn. Any remaining deposit amount is refunded, subject to administrative processing fees. • Environmental Review. After acceptance of a complete application, a project is reviewed for compliance with the California Environmental Quality Act (CEQA). A determination is made regarding whether or not the proposed project is exempt from the requirements of CEQA. If the project is not exempt, a determination is made regarding whether a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report will be required based on the evaluation and consideration of information provided by an initial study. If an EIR is required, a minimum of nine months to one year is typically required to complete the process. • Staff Report and Recommenda- tions. A staff report is prepared by the Director that describes the conclusions and findings about the proposed land use development. The report includes recommendations on the approval, approval with conditions, or disapproval of the application. Staff reports are provided to the applicant at the same time they are provided to the Hearing Officer, or members of the Commission and/or Council, before a hearing on the application. 6.1.b Packet Pg. 119 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-43 9.0 • Notice and Hearings. An application for a development review or administrative development review is scheduled for a public hearing once the department has determined the application complete. Adminis- trative development reviews and minor CUPs are heard by a Hearing Officer (staff) while more significant applications are heard by the Planning Commission. Legislative acts such as General Plan amendments, zone changes, specific plans and development agreements require City Council approval. Upon completion of the public hearing, the review authority shall announce and record the decision within 21 days following the conclusion of the public hearing. The decision shall contain the required findings and a copy of the resolution shall be mailed to the applicant. The City is currently preparing a revised Development Code, which will include streamlined permit review procedures and objective standards to ensure that the development review process does not act as a constraint to housing development (see Program 8). The length of time between project approval and request for building permit can vary widely depending on the size and complexity of the project, the applicant’s schedule for preparing building plans and any required corrections. Due to high property values and the shortage of vacant residential land, development proposals typically seek to maximize allowable densities unlike areas further inland where more vacant land is available. Development Fees and Improvement Requirements After the passage of Proposition 13 and its limitation on local governments’ property tax revenues, cities and counties have faced increasing difficulty in providing public services and facilities to serve their residents. One of the main consequences of Proposition 13 has been the shift in funding of new infrastructure from general tax revenues to development impact fees and improvement requirements on land developers. The City requires developers to provide on-site and off-site improve- ments necessary to serve their projects. Such improvements may include water, sewer and other utility extensions, street construction and traffic control device installation that are reasonably related to the project. Dedication of land or in- lieu fees may also be required of a project for rights-of-way, transit facilities, recreational facilities and school sites, consistent with the Subdivision Map Act. State law limits fees charged for development permit processing to the reasonable cost of providing the service for which the fee is charged. Various fees and assessments are charged by the City and other public agencies to cover the costs of processing permit applications and providing services and facilities such as schools, parks and infrastructure. Table 9-33 provides a list of fees the City of Diamond Bar charges for new, standard residential development. The City periodically evaluates the actual cost of processing development permits when revising its fee schedule. The last fee schedule update was adopted in 2020. 6.1.b Packet Pg. 120 9-44 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table 9-33: Planning and Development Fees Fee Category Fee or Deposit Amounta Planning and Application Feesa Administrative Development Review $1,912.94 Application plus $2,000 deposit (RFD) Development Agreement $10,000 deposit (RFD) General Plan Amendment $10,000 deposit (RFD) Zone Change/Map Amendment Specific Plan $10,000 deposit (RFD) $10,000deposit (RFD) Conditional Use Permit $2,174.56 Application plus $4,000 deposit (RFD) Minor Conditional Use Permit $1,738.56 Application plus $2,000 deposit (RFD) Tentative Tract Map $5,000 deposit (RFD) Tentative Parcel Map Density Bonus Variance Minor Variance $5,000 deposit (RFD) $5,000 deposit (RFD) $5,000 deposit (RFD) $1,547.80 Application Environmental Environmental Analysis (b) Environmental Mitigation Monitoring Program (b) Development Impact Fees School Fees $4.08/sq.ft. Drainage Facilities None Traffic Facilities (d) Public Facilities None Fire Facilities None Park Facilities (e) Water/Sewer Connection (d) Source: City of Diamond Bar, 2021 a Items with deposits are based on actual processing costs which may exceed initial deposit amount. b Cost determined as part of the environmental review c (RFD) Deposit based fees will be charged at the fully allocated hourly rates for all personnel involved plus any outside costs, with any unused portion of a deposit-based fee being refunded to the applicant at the conclusions of the project. In certain circumstances where project costs are higher than the available deposit, the applicant will be required to submit additional funds into the deposit account. d Development impact fees are determined by the project’s scope, location, and existing conditions. The developer must prepare the appropriate study and provide the report for staff to review. When applicable, public improvements may be conditioned with, or in lieu of, development impact fees. e Park fees are determined based on 5 acres of land per 1,000 population per State law Improvement Requirements Throughout California, developers are required to construct on- and off-site improvements needed to serve new projects, including streets, sidewalks, and utilities. City road standards vary by roadway designation as provided in Table 9-34. A local residential street requires a 44- to 60-foot right-of-way, with two 12-foot travel lanes. These road standards are typical for cities in Los Angeles County and do not act as a constraint to housing development. The City’s Capital Improvement Program (CIP) contains a schedule of public improvements including streets, bridges, overpasses and other public works projects to facilitate the continued build-out of the City’s General Plan. The CIP helps to ensure that construction of public improvements is coordinated with private development. 6.1.b Packet Pg. 121 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-45 9.0 Table 9-34: Road Improvement Standards Roadway Designation Number of Lanes Right-of-Way Width Curb-to Curb Width Major arterial 4 100-120 N/A Boulevard 2-4 60-100 N/A Collector street 2-4 60-80 N/A Local street 2 44-60 28-36 Source: City of Diamond Bar, 2021 Although development fees and improvement requirements increase the cost of housing, cities have little choice in establishing such require- ments due to the limitations on property taxes and other revenue sources needed to fund public services and improvements. NON-GOVERNMENTAL CONSTRAINTS Environmental Constraints Environmental constraints include physical features such as steep slopes, fault zones, floodplains, sensitive biological habitat, agricultural lands, and wildland fire hazards. In many cases, development of these areas is constrained by State and federal laws (e.g., FEMA floodplain regulations, the Clean Water Act, the Endangered Species Act, the State Fish and Game Code and the Alquist-Priolo Act). Most of the level, easily buildable land in Diamond Bar has already been developed, and much of the remaining land has a variety of geotechnical and topographic conditions that may constrain the development of lower- priced residential units. Large portions of the City contain steep slopes that pose a significant constraint to development. In addition to slope constraints, many of the hillsides in Diamond Bar have a potential for landslides. Slope stability is affected by such factors as soil type, gradient of the slope, underlying geologic structure, and local drainage patterns. The rolling topography and composition of local soils throughout Diamond Bar create numerous areas for potential landslide hazards. Although many historical landslide locations have been stabilized, a number of potential landslide areas still exist in the eastern portion of the City as well as within Tonner Canyon in the Sphere of Influence. Figure 9-2 illustrates the significant areas with geological constraints. Wildland fire hazards present another environmental constraint to housing development. As seen in Figure 9-3, significant portions of the city are within designated fire hazard zones. As the frequency and intensity of wildfires have increased in recent years, housing development becomes more difficult in these areas. 6.1.b Packet Pg. 122 9-46 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Infrastructure Constraints As discussed under Development Fees and Improvement Requirements, the City requires developers to provide on- site and off-site improvements necessary to serve their projects. Dedication of land or in-lieu fees may also be required of a project for rights- of-way, transit facilities, recreational facilities and school sites, consistent with the Subdivision Map Act. Additionally, the City’s Capital Improvement Program (CIP) contains a schedule of public improvements including streets and other public works projects to facilitate the continued build-out of the City’s General Plan. The CIP helps to ensure that construction of public improvements is coordinated with development. As a result of these policies, any infrastructure constraints which currently exist must be fully mitigated and financed as growth occurs. Water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower-income households. Wastewater Wastewater conveyance and treatment in Diamond Bar is provided by the County of Los Angeles Sanitation District No. 21. Although much of the physical sewage infrastructure appears in generally good condition, there have been repeated failures of the pump stations needed to lift flows to the regional collectors. Presently, there are no sewer lines in place in the developed southeastern end of the 1,250-acre development known as the Country Estates. Approximately 144 lots are utilizing on-site wastewater disposal systems. Water Water for City residents is supplied by the Walnut Valley Water District, which receives its water supply from the Three Valleys Municipal Water District and ultimately from the Metropolitan Water District (MWD) of Southern California. Almost all of the water supply is purchased from MWD, which imports water from the Colorado River Aqueduct (a small portion comes from Northern California through the State Water Project). Domestic water supply is not expected to limit development during the planning period. Storm Water Drainage Flood control is provided by the County Flood Control District. Flood control facilities are in fairly good condition. Development proposals are assessed for drainage impacts and required facilities. With these existing facilities and review procedures in place, the City’s flood control system is not expected to limit development during the planning period. Dry Utilities Dry utilities such as electricity, telephone and cable are provided by private companies and are currently available in the areas where future residential development is planned. When new development is proposed the applicant coordinates with utility companies to arrange for the extension of service. There are no known service limitations that would restrict planned development during the planning period. 6.1.b Packet Pg. 123 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-47 9.0 Land Costs Land represents one of the most significant components of the cost of new housing. Land values fluctuate with market conditions, and changes in land prices reflect the cyclical nature of the residential real estate market. A major constraint to providing affordable housing on remaining vacant hillside parcels in Diamond Bar is the high cost of construction in hillside areas. Another cost constraint for construction in areas with steep topography is the low ratio of developable area to total land area. Residential projects in hillside areas have large amounts of open space and only about 25-30% developable land. The estimated value of vacant residential land is approximately $10/square foot or more, and values can vary widely depending on site conditions. Construction Costs Construction cost is affected by the price of materials, labor, development standards and general market conditions. The City has no influence over materials and labor costs, and the building codes and development standards in Diamond Bar are not substantially different than most other cities in Los Angeles County. Construction costs for materials and labor have increased at a slightly higher pace than the general rate of inflation according to the Construction Industry Research Board. The International Code Council estimated that the average construction cost for good-quality housing was approximately $131 per square foot for single-family homes and $119 per square foot for multi-family housing. Cost and Availability of Financing Diamond Bar is typical of Southern California communities with regard to private sector home financing programs. As discussed in the previous section, Diamond Bar utilizes tax exempt multi-family revenue bonds which provide a lower interest rate than is available through conventional financing. This program helps to address funding for low-income multi- family projects. Under State law, it is illegal for real estate lending institutions to discriminate against entire neighborhoods in lending practices because of the physical or socio- economic conditions in the area (“redlining”). There is no evidence of redlining being practiced in any area of the City. AFFIRMATIVELY FURTHERING FAIR HOUSING Under State law, “affirmatively furthering fair housing” means “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” 6.1.b Packet Pg. 124 9-48 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 There are three parts to this requirement: 1. Include a Program that Affirmatively Furthers Fair Housing and Promotes Housing Opportunities throughout the Community for Protected Classes (applies to housing elements beginning January 1, 2019). 2. Conduct an Assessment of Fair Housing that includes summary of fair housing issues, an analysis of available federal, state, and local data and local knowledge to identify, and an assessment of the contributing factors for the fair housing issues. 3. Prepare the Housing Element land inventory and identification of sites through the lens of affirmatively furthering fair housing. In compliance with AB 686, the City has completed the following outreach and analysis. Outreach As discussed in Appendix C, the City held a total of five public meetings during the Housing Element update in an effort to include all segments of the community. Meetings included informal workshops in addition to the standard public hearing process. Notices prior to each meeting were sent directly to persons and organizations with expertise in affordable housing, supportive services and fair housing. Interested parties had the opportunity to interact with City staff throughout the Housing Element update process and provide direct feedback regarding fair housing issues. The City also created a dedicated web page for the Housing Element update (www.diamondbarca.gov/963/Housing -Element-Update) where meeting notices and agenda materials, an FAQ, and background information were posted. The City also provided opportunities for interested persons to participate in public meetings remotely, which made it possible for those with disabilities limiting their mobility to participate and comment on the Housing Element regardless of their ability to attend the meetings in person. Over the course of the Housing Element update the City received written comments from the following four organizations: • Abundant Housing LA (10/23/2020) • Los Angeles County Sanitation District (1/26/2021) • Responsible Land Use, a non- profit, public benefit group (3/23/2021) • Mitchell M. Tsai, Attorney for Southwest Regional Council of Carpenters (10/11/2021) Only one of these four commentors – Abundant Housing LA (AHLA) – mentioned fair housing in its letter. AHLA’s comments related to fair housing are summarized as follows: Comment: The sites inventory analysis should “Prioritizing high-opportunity census tracts and well-resourced areas (e.g., near transit, jobs, schools, parks, etc.) when selecting sites for lower- income housing opportunities, in order to affirmatively further fair housing. Housing elements must prioritize high- opportunity census tracts and well- resourced areas (e.g. near transit, jobs, schools, parks, etc.) when selecting 6.1.b Packet Pg. 125 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-49 9.0 sites for lower-income housing opportunities, in order to affirmatively further fair housing.” (AHLA, p. 2 & 5) These comments are addressed in the Diamond Bar 2040 General Plan and Housing Program H-8, which includes a commitment to amend development regulations consistent with the General Plan to allow higher densities in several Focus Areas described in Housing Element Section 9.4 and in Appendix B, the sites inventory. As recommended by AHLA, the Focus Areas are located near transit, jobs, schools and parks and provide the best opportunities for new affordable housing because existing single-family residential areas are fully developed. This rezoning strategy therefore affirmatively furthers fair housing in Diamond Bar. Comment: “Diamond Bar’s history details examples of how housing policy and land use regulations were once used to exclude members of minority groups. Redlining and restrictive covenants, which restricted where Black Americans could live, were once commonplace throughout Los Angeles County. Thankfully, Diamond Bar is more welcoming today; 18% of the city’s population is Hispanic and 56% of the city’s population is Asian- American9. However, exclusion continues on the basis of income: the median home sale price in Diamond Bar was $660,000 in 201810, and 51% of the city’s renters are “rent-burdened” (i.e. they spend more than 30% of their income on rent). High housing costs place a disproportionate burden on lower-income communities of color, and have the effect of excluding them from the city altogether. It is important to note that Diamond Bar incorporated in 1989 and by that time, the primarily low-density land use pattern of the city had already been established by development approved by Los Angeles County. While the City had no involvement in discriminatory real estate practices that may have occurred before its incorporation, the City’s forward-looking land use initiatives such as the General Plan Focus Areas will create significant opportunities for new affordable housing and address past patterns of discrimination. ADUs also create substantial opportunities for affordable housing in high- opportunity single-family neighborhoods. As described in Program H-14, the City will continue to support the fair housing efforts of the Housing Rights Center and through the following activities: • Ensure that all development applications are considered, reviewed, and approved without prejudice to the proposed residents, contingent on the development application’s compliance with all entitlement requirements. • Accommodate persons with disabilities who seek reasonable waiver or modification of land use controls and/or development standards pursuant to procedures and criteria set forth in the applicable development regulations. • Work with the County to implement the regional Analysis of Impediments to Fair Housing Choice and HUD Consolidated Plan. 6.1.b Packet Pg. 126 9-50 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 • Facilitate public education and outreach by posting informational flyers on fair housing at public counters, libraries, and on the City’s website. • Conduct public meetings at suitable times, accessible to persons with disabilities, and near public transit. Resources will be invested to provide interpretation and translation services when requested at public meetings when feasible. • Encourage community and stakeholder engagement during development decisions. Assessment of Fair Housing The following analysis examines geographic data regarding racial segregation, poverty, persons with disabilities, and areas of opportunity as identified by the TCAC/HCD Opportunity Areas map. Racial segregation. As seen in Figure 9- 4, the percentage of non-white population in Diamond Bar is similar to adjacent areas with the exception of a small area immediately north of the city that is part of the Cal Poly Pomona campus (formerly the Lanterman Developmental Center). This map does not indicate any patterns of racial/ ethnic concentration or discrimination in the city. Poverty. Recent Census estimates regarding poverty status of households in Diamond Bar are shown in Figure 9-5. As seen in this map, the poverty rate is less than 10% for nearly all areas the city. One small area in the southwestern portion of the city near the SR-60 freeway has a slightly higher poverty rate of 10% to 20%. Racially/Ethnically Concentrated Areas of Poverty (R/ECAP). A racially or ethnically concentrated area of poverty (R/ECAPs) is defined by HUD as areas in which 50 percent or more of the population identifies as non-White and 40 percent or more of individuals are living below the poverty line. As shown in Figure 9-6, there are no R/ECAPs in Diamond Bar. The nearest designated R/ECAP is in Pomona, just north of the Diamond Bar boundary. Persons with disabilities. The incidence of disabilities is relatively low in most parts of Diamond Bar. As shown in Figure 9-7, the percentage of residents reporting a disability is less than 10% in the majority of the city, while the disability rate is 10% to 20% in the northern portion of the city. Disproportionate Housing Needs and Displacement Risk. As discussed in Section 9.2 (Housing Needs Assessment), housing needs in Diamond Bar are generally less severe than in the SCAG region as a whole. For example, data compiled by SCAG showed rates of overcrowding for both renters and owners (Table 9-3) and disability rates for seniors (Table 9-20) are lower in Diamond Bar than the regional averages. Displacement of low-income households can occur through the expiration of affordability restrictions on assisted low-income housing, escalation of market rents, or demolition of existing rental units. As noted in Section 9.2, there are no low- income rental units at risk of conversion to market rate during the 2021-2031 period. In addition, the Focus Areas targeted for redevelopment in the General Plan and the Housing Sites Inventory do not contain any housing 6.1.b Packet Pg. 127 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-51 9.0 units; therefore, there is no displacement risk of in these areas. Displacement mitigation strategies such as tenant protections, conservation of existing stock, preservation of units at- risk of conversion to market-rate uses, acquisition and rehabilitation of existing stock, including naturally occurring affordable housing, and removing barriers to building affordable housing are incorporated into the Housing Action Plan (Section 9.5). Access to opportunity. According to the 2020 California Department of Housing and Community Development (HCD) and the California Tax Credit Allocation Committee (TCAC) Opportunity Area Map (Figure 9-8), Diamond Bar is within the Moderate, High, and Highest Resource areas. High Resource areas are areas with high index scores for a variety of educational, environmental, and economic indicators. Some of the indicators identified by TCAC include high levels of employment and close proximity to jobs, access to effective educational opportunities for children and adults, low concentration of poverty, and low levels of environ- mental pollutants, among others. Contributing factors to fair housing issues. Under the Federal consolidated planning process, the Analysis of Impediments (AI) to Fair Housing Choice is the primary tool for addressing fair housing issues. The City of Diamond Bar was a participating city with the County of Los Angeles in the preparation of the 2018 AI. Based on extensive analysis of housing and community indicators, and the input of residents, a list of impediments to fair housing choice was developed. Appendix D includes a summary of the contributing factors to fair housing issues pertaining specifically to the Urban County and HACoLA’s service areas. These items are prioritized according to the following criteria: 1. High: Impediments/Contributing factors that have a direct and substantial impact on fair housing choice, especially in R/ECAP areas, affecting housing, those impacting persons with disabilities, and are core functions of HACoLA or the CDC. 2. Moderate: Impediments/ Contributing factors that have a direct and substantial impact on fair housing choice, especially in R/ECAP areas, affecting housing, those impacting persons with disabilities, and are core functions of HACoLA or the CDC, but the CDC or HACoLA may only have limited capacity to make a significant impact; or may not be within the core functions of HACoLA or the CDC. 3. Low: Impediments/Contributing factors that may have a direct and substantial impact on fair housing choice but are not within the core functions of HACoLA or the CDC or not within the capacity of these organizations to make significant impact, or not specific to R/ECAP neighborhoods, or have a slight or largely indirect impact on fair housing choice. The impediments/contributing factors identified and included in Appendix D are in relation to the fair housing issues listed below. The prioritization of these contributing factors relates to the ability of the CDC and HACoLA to address the fair housing issues. A low priority does not diminish the importance of the factor in the Urban County or 6.1.b Packet Pg. 128 9-52 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 HACoLA service areas but reflects the priority in addressing issues of fair housing. • Segregation • Racially or ethnically concentrated areas of poverty (R/ECAPs) • Disparities in Access to Opportunity • Disproportionate Housing Needs • Discrimination or violations of civil rights laws or regulations related to housing Program H 14 in Section 9.5 describes actions the City will take to affirmatively further fair housing during the planning period. 6.1.b Packet Pg. 129 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-53 9.0 Figure 9-2 Seismic Hazard Zones 6.1.b Packet Pg. 130 9-54 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-3 Fire Hazard Zones 6.1.b Packet Pg. 131 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-55 9.0 Figure 9-4 Racial Demographics Figure 9-5 Poverty Status 6.1.b Packet Pg. 132 9-56 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-6 Racially or Ethnically Concentrated Areas of Poverty Figure 9-7 Disability Status 6.1.b Packet Pg. 133 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-57 9.0 Figure 9-8 TCAC/HCD Opportunity Map 6.1.b Packet Pg. 134 9-58 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 9.5 HOUSING ACTION PLAN Sections 9.2 through 9.4 of this Housing Element describe the housing needs, opportunities and constraints in the City of Diamond Bar. This section presents the City's 8-year Housing Action Plan for the 2021-2029 planning period. This Plan sets forth Diamond Bar's goals, policies, and programs to address the identified housing needs of the City. GOALS AND POLICIES It is the overall goal of the plan that there be adequate housing in the City, both in quality and quantity, to provide appropriate shelter for all without discrimination. The goals and policies of the Housing Element presented below address Diamond Bar's identified housing needs and are implemented through a series of housing programs offered through the Community Development Department. Within this overarching goal, the City has established goals and policies to address the development, maintenance and improvement of the housing stock. H-G-1 Preserve and conserve the existing housing stock and maintain property values and residents' quality of life. H-P-1.1 Continue to offer home improvement and rehabilitation assistance to low- and moderate-income households, including seniors and the disabled. H-P-1.2 Continue to facilitate improvement of substandard units in compliance with City codes and improve overall housing conditions in Diamond Bar. H-P-1.3 Promote increased awareness among property owners and residents of the importance of property maintenance to long- term housing quality. H-G-2 Provide opportunities for development of suitable housing to meet the diverse needs of existing and future residents. H-P-2.1 Provide favorable home purchasing options to low- and moderate-income households through County and other homebuyer assistance programs. H-P-2.2 Continue outreach and advertising efforts to make more residents aware of homebuyer assistance programs and to enhance program utilization. H-P-2.3 Maintain affordability controls on government-assisted housing units in the City. 6.1.b Packet Pg. 135 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-59 9.0 H-P-2.4 Facilitate the development of accessory dwelling units (ADUs) as a means to provide affordable housing opportunities in existing neighborhoods. H-G-3 Provide adequate sites through appropriate land use and zoning designations to accommodate future housing growth. H-P-3.1 Maintain an inventory of potential sites available for future housing development. H-P-3.2 Encourage infill and mixed-use opportunities within the General Plan Focus Areas. H-P-3.3 Coordinate with local colleges and universities to expand the availability of housing for faculty and staff. H-G-4 Mitigate potential governmental constraints which may hinder or discourage housing development in Diamond Bar. H-P-4.1 Continue to provide regulatory incentives and concessions to facilitate affordable housing development in the City. H-P-4.2 Promote the expeditious processing and approval of residential projects that meet General Plan policies and City regulatory requirements. H-P-4.3 Pursuant to the City's Affordable Housing Incentives Ordinance, allow modifications to development standards for projects with an affordable housing component. H-P-4.4 Periodically review City regulations, ordinances, departmental processing procedures and residential fees related to rehabilitation and/or construction to assess their impact on housing costs, and revise as appropriate. H-G-5 Encourage equal and fair housing opportunities for all economic segments of the community. H-P-5.1 Continue to support enforcement of fair housing laws prohibiting arbitrary discrimination in the building, financing, selling or renting of housing on the basis of race, religion, family status, national origin, physical handicap or other such circumstances. H-P-5.2 Refer persons with fair housing complaints to the appropriate agency for investigation and resolution. H-P-5.3 Encourage apartment managers and owners to attend fair housing seminars offered by the Apartment Association of Greater Los Angeles. 6.1.b Packet Pg. 136 9-60 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 HOUSING PROGRAMS Housing Element goals and policies are implemented through a series of housing programs described below. Pursuant to §65583 of the Government Code, a city’s housing programs must address the following major areas: • Conserve and improve the condition of the existing supply of affordable housing; • Assist in the development of adequate housing to meet the needs of extremely-low, very-low, low, and moderate-income households; • Provide adequate sites to accommodate the city’s share of the regional housing need for households of each income level; • Remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities; • Promote the creation of accessory dwelling units that can be offered at affordable rents; • Affirmatively furthering fair housing and promote equal housing opportunity • Include a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element. Diamond Bar’s programs for addressing these requirements are described in this section. Conserve and Improve the Condition of Existing Affordable Housing Conserving and improving the condition of the housing stock is an important goal for Diamond Bar. Although the majority of the City's housing stock is in good condition, a significant portion of the housing stock is over 30 years old, the age when most homes begin to require major rehabilitation improvements. By identifying older residential neighbor- hoods for potential housing rehabilitation, the City has taken a proactive approach to maintaining the quality of its current housing stock. The focus neighborhoods identified by this Plan as evidencing physical problem conditions can be specifically targeted for City housing improvement assistance. Program H -1. Residential Neighborhood Improvement Program The City implements a proactive Neighborhood Improvement Program and neighborhood inspections are conducted on a regular basis throughout the entire City. The checklist for residential violations includes inoperable vehicles, trash storage, parking on paved areas only, structure maintenance, landscape maintenance, and fence and wall maintenance. After the neighborhood inspection, letters are sent out to all property owners in areas where violations have been observed. A follow-up inspection will be conducted, at which time any noticed properties found to be in violation of the Municipal Code are subject to a $100 citation. 6.1.b Packet Pg. 137 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-61 9.0 When problems are observed, inspectors may refer residents to the Home Improvement Program (see Program H-2). Eight-year objective: Continue to implement the code enforcement program, and direct eligible households to available rehabilitation assistance to correct code violations. Provide focused code enforcement and rehabilitation assistance for 5 to 6 households during the planning period in neighborhoods evidencing concentrations of deteriorating units. Responsible agency: Community Development Department. Timeline: Throughout the planning period. Program H -2. Home Improvement Program The City uses CDBG funds for minor home repair through the Home Improvement Program, where low/moderate income householders may receive up to a $20,000 no interest, deferred loan for home repair and rehabilitation. The City promotes and coordinates this program by posting information, reviewing applications and disbursing grant funds to eligible applicants. Eight-year objective: Minor repair and rehabilitation for 4 units annually. Responsible agency: Community Development Department. Timeline: Throughout the planning period. Program H -3. Section 8 Rental Assistance Program The Section 8 Rental Assistance Program extends rental subsidies to extremely-low- and very-low-income households who spend more than 30% of their gross income on housing. Rental assistance not only addresses housing affordability, but also overcrowding by assisting families that may be "doubling up" to afford rent. The Los Angeles County Development Authority (LACDA) coordinates Section 8 rental assistance on behalf of the City. The City will continue to provide rental assistance information and referrals to LACDA. Eight-year objective: Continue to direct eligible households to the County Section 8 program. Responsible agency: LACDA. Timeline: Throughout the planning period. Program H -4. Preservation of Assisted Housing Diamond Bar contains only one assisted housing project, the 149-unit Seasons Apartments (formerly Heritage Park) for senior citizens. This project was constructed in 1988 and was originally financed under the Los Angeles County Multi-Family Mortgage Revenue Bond program. The project was 6.1.b Packet Pg. 138 9-62 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 refinanced in November 1999 under the California Community Development Authority's Multi-Family Housing Re-funding Bond, and was transferred to the Corporate Fund for Housing, a non-profit organization. According to the terms of the new bond agreement, income restrictions for residents and corresponding rent limits were set. For the duration of the bond, which expires December 2, 2034, all units will be affordable: 30 units (20%) will be very-low-income, 82 units (55%) will be low-income, and 37 units will be moderate-income (defined as 100% AMI). Eight-year objective: Preserve 100% of the 149 low- and moderate- income units in the Seasons Apartments. Responsible agency: Community Development Department Timeline : Throughout the planning period Program H-5. Mobile Home Park Preservation There are two mobile home parks in Diamond Bar, both located in the western portion of the City: Diamond Bar Estates and Walnut Creek Estates. These mobile home parks were developed before incorporation of the City on land previously designated as Industrial under the County's jurisdiction. The 2040 Diamond Bar General Plan Land Use Map designates both mobile home parks "residential" in order to preserve their status and prevent future inconsistencies. This designation in the General Plan works to preserve the parks since any proposed land use change would require an amendment to the City's General Plan and Zoning Ordinance, as well as adherence to State mobile home park closure requirements. Eight-year objective: The City will continue to support preservation of its two mobile home parks as important affordable housing resources. Responsible agency: Community Development Department Timeline: Continuously throughout the planning period Assist in the Development of Affordable Housing To enable more households to attain homeownership in Diamond Bar, the City participates in two mortgage assistance programs: the Homebuyer Assistance Program and the Mortgage Credit Certificate (MCC). These programs are very important given that housing prices in Diamond Bar rank among the highest in eastern Los Angeles County and northern Orange County. The City is also supportive of the development of senior housing to meet the needs of its growing senior population and multi-family rental housing for lower-income households, including working families and university students. 6.1.b Packet Pg. 139 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-63 9.0 Program H -6. First -Time Homebuyer Assist ance Programs Los Angeles County offers a first-time homebuyer assistance program and Mortgage Credit Certificates. To be eligible, families must meet the specified income requirements and be able to pay a 1% down payment on their home. The City of Diamond Bar provides referral information to prospective buyers at the public counter and on the City website. 6.a Home Ownership Program (HOP) The Los Angeles County Home Ownership Program (HOP) provides zero- interest loans with no repayment due until the home is sold, transferred, or refinanced. The loan is secured by a second trust deed and a promissory note. The home must be owner-occupied for the life of the loan. 6.b Mortgage Credit Certificate (MCC) The Mortgage Credit Certificate (MCC) program is a federal program that allows qualified first-time homebuyers to take an annual credit against federal income taxes of up to 15% of the annual interest paid on the applicant's mortgage. This enables homebuyers to have more income available to qualify for a mortgage loan and make the monthly mortgage payments. The value of the MCC must be taken into consideration by the mortgage lender in underwriting the loan and may be used to adjust the borrower's federal income tax withholding. The MCC program has covenant restrictions to ensure the affordability of the participating homes for a period of 15 years. MCCs can be used in conjunction with the Home Ownership Program (HOP). Eight-year objective: The City will advertise these programs and provide information to interested homebuyers. In addition, the City will work with realtors to make them aware of these programs. Responsible agency: Community Development Department Timeline: Continuously throughout the planning period Program H -7. Senior and Workforce Housing Development With a growing portion of the City's population 65 years of age and above, Diamond Bar will continue to need housing and services for seniors. Particularly those seniors 75 years and older will begin to require housing with a supportive service component. In addition, occupations for which high housing costs make it difficult for working-age households to live in Diamond Bar include teachers, police and firefighters. Several colleges and universities are also located within commuting distance of Diamond Bar. The City will continue to coordinate 6.1.b Packet Pg. 140 9-64 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 with these institutions to identify potential partnership opportunities for affordable faculty/staff housing. The City will encourage the development of senior and workforce housing, including units affordable to very-low- and extremely-low-income persons as well as units with 3-4 bedrooms suitable for large families, if feasible, in several ways. First, the City will identify suitable sites for multi-family development in the Housing and Land Use Elements, including zoning to encourage and facilitate lower-cost housing options such as SROs. Second, the City will offer regulatory incentives, and/or direct financial assistance appropriate to the project when feasible. The following are among the types of incentives which may be provided: • Priority application processing • Fee waivers or deferrals • Coordination with off-site infrastructure improvements • Flexible development standards • Density bonuses • City support to developers in affordable housing funding applications. It must be recognized that the City’s ability to offer direct financial subsidies is limited. The City has no local source of housing assistance funds, and its CDBG revenue is only about $232,000 per year currently (see Section 9.3 for further discussion of the City’s financial resources). Given these financial limitations, the City’s primary efforts to encourage and facilitate affordable housing production are through its land use regulations and staff support to interested developers in applying for grant funds, and cooperation with the Los Angeles County Development Authority (LACDA) on its assistance programs. Pursuant to the City's Affordable Housing Incentives Ordinance, the City provides modified development standards, including parking reductions, for senior and affordable projects. A portion of the City's CDBG funds can be used to help finance senior and workforce housing projects. New housing developments in Diamond Bar may also be eligible for funding sources identified in Section 9.3, Resources and Opportunities. Typically, local assistance can serve as gap financing to bridge the difference between the total project cost and the equity investment plus debt. Eight-year objective: The City will identify sites suitable for new senior and workforce housing and post information on the City website throughout the planning period regarding the City's interest in assisting in the development of senior and workforce housing, provide information on available regulatory and financial incentives, and assist developers in applying for funds. The City will also collaborate with local colleges and universities to identify potential partnership opportunities for affordable housing. The City’s quantified objectives for housing production during the 2021-2029 planning period are described in Table 9-35. 6.1.b Packet Pg. 141 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-65 9.0 Responsible agency: Community Development Department Timeline: Continuously throughout the planning period Provide Adequate Sites to Accommodate the City’s Share of Regional Housing Need A major element in meeting the housing needs of all segments of the community is the provision of adequate sites for all types, sizes and prices of housing. The City's General Plan, Development Code and specific plans describe where housing may be built, thereby affecting the availability of land for residential development. Specific housing sites are identified in Appendix B. Program H -8. Land Use Element and Development Regulations The City completed a comprehensive update to the General Plan in 2019. The Land Use Element of the General Plan, as discussed previously in Section 9.3, provides for a variety of housing types in Diamond Bar, with densities ranging up to 30 dwelling units per acre. In addition, the new General Plan established several “focus areas” where additional development and redevelopment are encouraged, including multi-family residential and mixed-use. As described in Appendix B, General Plan land use designations provide adequate capacity to accommodate the City’s RHNA allocation at all income levels for the 2021-2029 period. The City is currently processing amendments to the Development Code to align development regulations with new General Plan land use designations and comply with the following requirements pursuant to Government Code Sec. 65583.2(h). • Permit owner-occupied and rental multifamily uses by right for developments in which 20 percent or more of the units are affordable to lower income households. By right means local government review must not require a conditional use permit, planned unit development permit, or other discretionary review or approval. • Permit the development of at least 16 units per site. • Require a minimum density of 20 units per acre; and • Ensure a) at least 50 percent of the shortfall of low- and very low- income regional housing need can be accommodated on sites designated for exclusively residential uses, or b) if accommodating more than 50 percent of the low- and very low-income regional housing need on sites designated for mixed-uses, all sites designated for mixed-uses must allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project. 6.1.b Packet Pg. 142 9-66 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 As part of the Development Code update, residential and mixed-use parking requirements will be revised in conformance with General Plan policies described previously in Section 9.4 Constraints. The Development Code update will also include revisions to streamline the review process, including SB 35 review procedures and objective standards to minimize constraints on housing supply and affordability. The City shall continue to comply with the “no net loss” provisions of Government Code §65863 through ongoing project-by-project evaluation to ensure that adequate sites are available to accommodate the City’s RHNA share throughout the planning period. The City shall not reduce the allowable density of any site in its residential land inventory, nor approve a development project at a lower density than assumed in the Housing Element sites inventory, unless both of the following findings are made: a) The reduction is consistent with the adopted General Plan, including the Housing Element; and b) The remaining sites identified in the Housing Element are adequate to accommodate the City’s remaining share of regional housing need pursuant to Government Code §65584. If a reduction in residential density for any parcel would result in the remaining sites in the Housing Element land inventory not being adequate to accommodate the City’s share of the regional housing need pursuant to §65584, the City may reduce the density on that parcel if findings are made identifying sufficient additional, adequate and available sites with an equal or greater residential density so that there is no net loss of residential unit capacity. Eight-year objectives: Maintain adequate sites for housing development at all income levels in conformance with the RHNA and ensure compliance with No Net Loss requirements. Process a Development Code amendment within three years of Housing Element adoption to update land use regulations consistent with the 2040 General Plan. Responsible agency: Community Development Department Timeline: Development Code amendment within three years of Housing Element adoption Program H -9. Mixed Use Development The 2040 General Plan encourages mixed-use development in three focus areas, which could provide housing close to transit and places of employment (see additional discussion in Appendix B). The City will encourage property owners and developers to pursue mixed-use development in these focus areas to accommodate a portion of the city’s low- and moderate-income housing needs during this planning period. 6.1.b Packet Pg. 143 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-67 9.0 Mixed-use can also reduce vehicle trips, make more efficient use of land and parking areas, and facilitate energy conservation. Incentives the City may offer to encourage and facilitate redevelopment in these areas include the following: • Coordination with off-site infrastructure improvements) • Flexible development standards • Density bonuses • Support to developers in seeking funding for affordable housing Eight-year objective: The City will prepare a handout and marketing materials encouraging mixed-use development where appropriate and make it available to interested developers throughout the planning period. Responsible agency: Community Development Department Timeline: Publish handout with marketing materials within 6 months of Housing Element adoption and continuously thereafter Program H -10. Accessory Dwelling Units Accessory dwelling units (ADUs) provide an important source of affordable housing for seniors, young adults and other low- and moderate-income households. The City adopted an amendment to the Development Code in 2021 to incorporate recent changes to State ADU law, and will continue to encourage ADU production through public information available at City Hall and on the City website. Eight-year objective: Continue to encourage construction of ADUs through an informational handout available at City Hall and on the City website throughout the planning period. Responsible agency: Community Development Department Timeline: Publish ADU handout with marketing materials within 6 months of Housing Element adoption and continuously thereafter Removing Governmental Constraints to Housing Under current State law, the Housing Element must address, and where legally possible, remove governmental constraints affecting the maintenance, improvement, and development of housing. The following programs are designed to mitigate government constraints on residential development and facilitate the development of a variety of housing. 6.1.b Packet Pg. 144 9-68 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Program H -11. Emergency Shelters, Low Barrie r Navigation Centers and Transitional/Supportive Housing Senate Bill 2 of 2007 strengthened planning requirements for emergency shelters and transitional/supportive housing. The Development Code allows emergency shelters by-right in the Light Industry (I) zone in compliance with SB 2 and also allows transitional and supportive housing as a residential use subject to the same standards as other residential uses of the same type in the same zone. In 2018 AB 2162 amended State law to require that supportive housing be a use by-right in zones where multi-family and mixed uses are permitted, including non-residential zones permitting multi-family uses, if the proposed housing development meets specified criteria. AB 101 (2019) added the requirement that low barrier navigation centers meeting specified standards be allowed by-right in areas zoned for mixed use and in non-residential zones permitting multi-family uses pursuant to Government Code §65660 et seq. The City is currently processing a Development Code amendment to allow supportive housing and low barrier navigation centers consistent with State law. The City will also continue to work cooperatively with the Los Angeles Homeless Services Authority and the San Gabriel Valley Council of Governments in its efforts to develop a regional strategy for addressing homelessness. Eight-year objectives: 1. Continue to facilitate emergency shelters and transitional/ supportive housing, and continue participating with LAHSA and SGVCOG on efforts to address homelessness throughout the planning period. 2. Process an amendment to the Development Code in 2022 to allow supportive housing and low barrier navigation centers consistent with State law. Responsible agency: Community Development Department Timeline: Development Code amendment in 2022; support efforts to address homelessness throughout the planning period Program H -12. Affordable Housing Incentives/Density Bonus To facilitate the development of affordable housing, the City utilizes Affordable Housing Incentives/Density Bonus Provisions (Development Code Chapter 22.18). Incentives described in Chapter 22.18 apply to developments of five or more dwelling units. If a density bonus and/or other incentives cannot be accommodated on a parcel due to strict compliance with the provisions of the Development Code, the Council may waive or 6.1.b Packet Pg. 145 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-69 9.0 modify the development standards as necessary to accommodate bonus units and other incentives to which the development is entitled. AB 2345 of 2020 revised State Density Bonus Law to increase incentives for affordable housing. The City is currently processing an amendment to the Development Code in conformance with AB 2345. Eight-year objective: The City will amend the Development Code in 2021 consistent with current Density Bonus Law and continue to encourage the production of affordable housing through the use of density bonus and other incentives. Responsible agency: Community Development Department Timeline: Development Code amendment in 2021/22 Program H -13. Efficient Project Processing The City is committed to a streamlined development process and has adopted procedures to facilitate efficient permit processing. Prospective applicants are strongly encouraged to request a pre-application conference with the Community Development Department before formal submittal of an application. The purpose of this conference is to inform the applicant of City requirements as they apply to the proposed development project, review the procedures outlined in the Development Code, explore possible alternatives or modifications, and identify necessary technical studies or other supporting materials relating to the proposed development. This process helps to minimize the time required for project review by identifying issues early in the process before extensive engineering and architectural design work has been done. Consistent with new transparency laws, zoning, development standards and fees will be posted on the City website. Eight-year objective: The City will continue to offer the pre-application conference and streamlined development processing, and periodically review departmental processing procedures to ensure efficient project processing. Zoning, development standards and fees will be posted on the City website throughout the planning period. Responsible agency: Community Development Department Timeline: Post zoning, development standards and fees on the City website in FY 2021/22 and continuously thereafter Affirmatively Furthering Fair Housing and Equal Housing Opportunities To adequately meet the housing needs of all segments of the community, the City promotes housing opportunities for all persons regardless of race, religion, gender, family size, marital status, ancestry, national origin, color, age, or physical disability. 6.1.b Packet Pg. 146 9-70 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Program H -14. Affirmatively Furthering Fair Housing As a participating city in the Los Angeles County CDBG program, Diamond Bar has access to the services of the Housing Rights Center for fair housing outreach, education, and counseling on housing discrimination complaints. The City will continue to advertise the fair housing program through placement of fair housing service brochures at the public counter, at the Senior Center, through the City's newsletter, and on the City website. Apartment owners and managers are provided with current information about fair housing issues, rights and responsibilities. The Apartment Association of Greater Los Angeles conducts seminars on State, Federal and local Fair Housing laws and compliance issues. In addition, the City will: • Ensure that all development applications are considered, reviewed, and approved without prejudice to the proposed residents, contingent on the development application’s compliance with all entitlement requirements. • Accommodate persons with disabilities who seek reasonable waiver or modification of land use controls and/or development standards pursuant to procedures and criteria set forth in the applicable development regulations. • Work with the County to implement the regional Analysis of Impediments to Fair Housing Choice and HUD Consolidated Plan. • Facilitate public education and outreach by posting informational flyers on fair housing at public counters, libraries, and on the City’s website. • Conduct public meetings at suitable times, accessible to persons with disabilities, and near public transit. Resources will be invested to provide interpretation and translation services when requested at public meetings when feasible. • Encourage community and stakeholder engagement during development decisions. Eight-year objective: The City will continue to promote fair housing practices, provide educational information on fair housing to the public, and cooperate with the Greater Los Angeles Apartment Association in providing fair housing information to landlords and at libraries, senior centers, recreation centers, and Social Security and employment offices. The City will continue to refer fair housing complaints to the Housing Rights Center. Responsible agency: Community Development Department; Housing Rights Center Timeline: Throughout the planning period 6.1.b Packet Pg. 147 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-71 9.0 Program H -15. Reasonable Accommodation for Persons with Disabilities State law requires cities to remove constraints or make reasonable accommodations for housing occupied by persons with disabilities. The City will continue to implement adopted procedures for reviewing and approving requests for reasonable housing accommodations pursuant to State law. Eight-year objective: The City will continue to implement reasonable accommodation procedures for persons with disabilities in compliance with State law. Responsible agency: Community Development Department Timeline: Throughout the planning period Table 9-35: Quantified Objectives 2021-2029, Diamond Bar Income Category Totals Ex. Low V. Low Low Mod Above Mod New constructiona 422 422 434 437 806 2,521 Rehabilitation 5 5 10 20 - 40 Conservationb - 30 82 37 - 149 a Quantified objective for new construction is for the period 7/1/2021 – 10/15/2029 per the RHNA projection period b The Seasons senior apartments 6.1.b Packet Pg. 148 9-72 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Appendix A Evaluation of the Prior Housing Element Section 65588(a) of the Government Code requires that jurisdictions evaluate the effectiveness of the existing Housing Element, the appropriateness of goals, objectives and policies, and the progress in implementing programs for the previous planning period. This appendix summarizes the results of the City’s review of the housing goals, policies, and programs of the previous Housing Element, and evaluates the degree to which these programs have been implemented during the previous planning period. As discussed in Section 9.4-Constraints, the City adopted a new General Plan in 2019. As part of this Housing Element update, the goals and policies of the previous Housing Element were reviewed for consistency with the new General Plan and current State housing law, and Policy H-P-3.2 was updated to reflect the new emphasis on mixed-use development in the General Plan Focus Areas. All programs were also reviewed and updated to reflect current circumstances, including the needs assessment and potential constraints, and the evaluation of City progress in implementing prior programs. Table A-1 summarizes the programs contained in the previous Housing Element along with program objectives, timeframe and accomplishments. Table A-2 presents the City’s progress toward the quantified objectives from the previous Housing Element. 6.1.b Packet Pg. 149 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-73 9.0 Table A-1 2013-2021 Housing Element Program Evaluation City of Diamond Bar Housing Program Program Objectives Timeframe Implementation Status and Future Actions 1. Residential Neighborhood Improvement Program Proactive program conducts neighborhood inspections on a regular basis throughout the entire city/focused code enforcement linked with rehabilitation assistance to correct code violations. Ongoing The City continues to operate the code enforcement program. This program is successful and is being continued. 2. Home Improvement Program Improve neighborhoods evidencing deferred maintenance through property maintenance and rehab. Provide minor repair and rehabilitation to 10 units annually. Ongoing The HIP is successful in improving housing conditions and should be continued at available funding levels. 3. Single-Family Rehabilitation Program Provide ongoing advertisement of loans available through the County for qualified homeowners. Ongoing The program has been merged with Program 2. 4. Section 8 Rental Assistance Program Direct eligible households to the County Section 8 program. Ongoing This program is beneficial in reducing problems such as overpayment and overcrowding. City continues to coordinate with the County on the Section 8 program. The program should be continued. 5. Preservation of Assisted Housing Preserve 100 percent of the 149 low- and moderate-income units in The Seasons Apartments. Ongoing The Seasons Senior Apartments continued its affordability covenant throughout the planning period. This program is successful and will be continued. 6. Mobile Home Park Preservation Support preservation of City's two mobile home parks as important affordable housing resources. Maintain residential zoning, and enforce State closure requirements as necessary. Ongoing Zoning for mobile home parks is successful in preserving this affordable housing option and is being continued. No proposals to close the parks were submitted. The program is being continued. 7. First-time Homebuyer Assistance Programs Advertise County's Home Ownership Program (HOP) and Mortgage Credit Certificate (MCC) and provide information to interested homebuyers. In addition, the City will work with realtors to make them aware of these programs. Ongoing This program helps expand home ownership and the City will continue to provide information on this County program. 8. Senior and Workforce Housing Development Identify and evaluate sites suitable for new senior and workforce housing. The City will post information on the City website during the first year of the planning period regarding the City's interest in assisting in the development of senior and workforce housing, provide information on available regulatory and financial incentives, and assist developers in applying for funds. The City will also contact local colleges and universities annually to identify potential partnership opportunities for affordable housing. Ongoing This program is intended to encourage affordable housing development and should be continued. 9. Land Use Element and Zoning Maintain adequate sites commensurate with the RHNA. Ongoing The City has maintained adequate sites for housing development at all income levels and ensure compliance with No Net Loss requirements. This program is being revised and expanded to reflect the new RHNA allocation for the 2021-2029 period. 10. Mixed Use Development The City will prepare a handout and marketing materials encouraging mixed use development where appropriate and make it available to interested developers during the first year of the planning period. A review of potential areas that may be Ongoing In December 2019, the City adopted the Comprehensive General Plan Update that created community visions and blueprint for growth and 6.1.b Packet Pg. 150 Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-74 Housing Program Program Objectives Timeframe Implementation Status and Future Actions appropriate for mixed-use development will be initiated by 2015 as part of a comprehensive General Plan update. development in the City through 2040. This program is an important component of the City’s overall strategy to revitalize older areas and expand housing production and is being continued. 11. Second Units Continue to encourage construction of accessory dwelling units pursuant to the provisions of its Accessory Dwelling Unit Ordinance, and make an informational handout available for distribution at the public counter. Ongoing In 2017, the City approved an amendment to the municipal code pertaining to accessory dwelling units to satisfy all of the requirements of Government Code §§65852.150-65852.2. Per AB 68 (Ting), AB 587 (Friedman), AB 671 (Friedman), AB 881 (Bloom), SB 13 (Wieckowski) that went into effect January 1, 2020. In 2021 the City adopted a subsequent amendment to ADU regulations in accordance with the new State laws. The City continues to encourage accessory dwelling units and this program is being continued. 12. Emergency Shelters and Transitional/ Supportive Housing Continue to facilitate emergency shelters and transitional/supportive housing, and continue participating in the SGVCOG homeless study to address homelessness. Ongoing This program creates opportunities for a variety of housing for persons with special needs and is being continued with revisions to ensure compliance with recent changes to State law. 13. Redevelopment of Underutilized Sites Encourage interested property owners to pursue redevelopment of underutilized properties though the provision of incentives and concessions. Ongoing The City has continued to encourage the redevelopment of underutilized sites. This program is being continued and will be enhanced by the new General Plan and the Development Code update. 14. Affordable Housing Incentives/ Density Bonus Encourage the production of affordable housing through the use of density bonus, and provide a handout summarizing the benefits and requirements of affordable housing incentives/density bonus provisions. Ongoing This program is being continued in compliance with recent changes to State density bonus law. 15. Efficient Project Processing Continue to offer streamlined development processing, and periodically review departmental processing procedures to ensure efficient project processing. Ongoing The City continued to offer efficient permit processing. This program is appropriate and will be enhanced through revisions to the Development Code. 16. Fair Housing Program Continue to promote fair housing practices, provide educational information on fair housing to the public, and cooperate with the Greater Los Angeles Apartment Association in providing fair housing information to landlords and at libraries, senior centers, recreation centers, and Social Security and employment offices. Continue to refer fair housing complaints to the San Gabriel Valley and Long Beach Fair Housing Foundation, and maintain an open dialogue with the Foundation regarding the nature of complaints received. Ongoing This program is being continued and expanded to reflect new requirements to affirmatively further fair housing. 17. Reasonable Accommodation for Persons with Disabilities Continue to implement reasonable accommodation procedures for persons with disabilities in compliance with SB520. Ongoing This program is an important component of the City’s overall efforts to address the special housing needs of persons with disabilities and is being continued. 6.1.b Packet Pg. 151 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-75 9.0 Table A-2 Progress in Achieving Quantified Objectives – 2013-2021 City of Diamond Bar Program Category Quantified Objective Progress New Construction Very Low (Ex. Low) 308 (154) 1 (0) Low 182 12 Moderate 190 0 Above Moderate 466 312 Total 1,146 325 Rehabilitation Very Low Low 25 Moderate 25 Above Moderate Total 50 Conservation Very Low 76* 76* Low 82 82 Moderate 37 37 Above Moderate Total 195 195 *46 Section 8 units + 30 senior apartments (The Seasons) 6.1.b Packet Pg. 152 9-76 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Appendix B Residential Sites Inventory The assumptions and methodology for the residential sites inventory are provided below. Methodology for the Sites Inventory Analysis The residential sites inventory is comprised of three components: 1) approved projects; 2) underutilized (non-vacant) sites with potential for additional residential development or redevelopment; and 3) potential accessory dwelling units (ADUs). Potential sites for residential development during the 2021-2029 planning period are summarized in Table B-1. As shown in this table, adequate capacity is available to accommodate the City’s RHNA allocation in all income categories; however, zoning amendments are required to reconcile development regulations with the recently adopted General Plan (see Program H-8 in Section 9.5). Additional analysis to support this finding is provided in the discussion below and in Tables B-2 through B-6. Table B-1 Residential Sites Summary Site Category Income Category VL Low Mod Above Mod Total Approved projects (Table B-2) - - - 12 12 Town Center Mixed Use Sites to be Rezoned (Table B-3) - - 196 215 411 Neighborhood Mixed Use Sites to be Rezoned (Table B-4) 500 351 262 1,781 2,894 Transit-Oriented Mixed Use Sites to be Rezoned (Table B-5) 397 398 - - 795 Potential ADUs (Table B-6) 10 18 1 13 42 Total sites inventory 912 777 459 2,028 4,176 RHNA 2021-2029 842 433 436 805 2,516 Adequate Sites? Yes Yes Yes Yes Yes Source: City of Diamond Bar, 2021 6.1.b Packet Pg. 153 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-77 9.0 Approved Projects Table B-2 summarizes residential developments that have received some form of approval and will become available during the planning period. The income levels for these projects are based upon the expected sales prices or rents. Table B-2 Approved Projects Project / Location Income Category Very Low Low Moderate Above Moderate Total Custom homes (Country) - - - 12 12 Total Units - - - 12 12 Source: City of Diamond Bar, 2021 Underutilized Sites Underutilized sites with potential for additional residential development or redevelopment are listed in Tables B-3 through B-5. These sites are within the General Plan Focus Areas discussed below. Sites that allow residential or mixed-use development at a density of at least 30 units/acre are considered suitable for all income categories based on State default density, while sites allowing up to 20 units per acre were assigned to the moderate or above-moderate income categories. In the Focus Areas where mixed-use development is encouraged, development intensity is regulated by floor area ratio as described in the following chart. 6.1.b Packet Pg. 154 9-78 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Focus Areas. As described in Section 9.4, Constraints, the City adopted a comprehensive General Plan update10 in 2019. One of the key features of the new General Plan was the establishment of several new Focus Areas where substantial land use changes are planned as part of a strategy to provide walkable mixed-use activity centers. These Focus Areas provide opportunities for infill development that can incorporate a range of housing, employment, and recreational uses to meet the needs of families, young people, senior citizens, and residents of all incomes. Three of these Focus Areas, summarized below, are expected to facilitate the development of a significant portion of the City’s RHNA allocation during the planning period. Development standards include residential densities (housing units per acre) and floor area ratio (FAR), which is the ratio of building floor area to lot area. • The Town Center Focus Area, located along Diamond Bar Boulevard between SR-60 and Golden Springs Drive, is intended to build on the success of recent commercial redevelopment in that area. The Town Center is designated for mixed-use development that would serve as a center of activity for residents and provide housing, entertainment and retail opportunities and community gathering spaces in a pleasant, walkable environment. The General Plan establishes a maximum residential density of 20.0 dwelling units per acre and a maximum FAR up to 1.5 for this Focus Area (Table B-3). • The Neighborhood Mixed Use Focus Area is envisioned as a combination of residential and ancillary neighborhood-serving retail and service uses to promote revitalization of the segment of North Diamond Bar Boulevard between the SR-60 interchange and Highland Valley Road. This neighborhood has potential to benefit from its proximity to Mt. San Antonio College and Cal Poly Pomona. This General Plan land use designation has an allowable residential density of up to 30.0 dwelling units per acre and a maximum FAR of 1.25 (Table B-4). • The Transit-Oriented Mixed Use Focus Area leverages underutilized sites adjacent to the Metrolink commuter rail station to provide for higher-density housing, offices, and supporting commercial uses close to regional transit. This area encourages new employment and housing development in a key location that emphasizes multi-modal transportation options. This General Plan designation allows residential development at a density of 20.0 to 30.0 dwelling units per acre and a maximum FAR of 1.5 (Table B-5). The 2040 General Plan provides the guiding framework for development in these Focus Areas; however, zoning regulations have not yet been amended to reflect General Plan policy for these areas. The City is currently in the process of updating the Development Code to revise land use regulations for these Focus Areas consistent with the standards established in the new General Plan within three years, pursuant to Government Code §65583(c)(1)(A) (see Program H-8 in Section 9.5). The development assumptions reflected in Tables B-3 through B-5 are based upon the new General Plan land use designations rather than current zoning designations. Realistic Capacity and Suitability of Non-Vacant Sites. Since the General Plan designation for the Focus Areas is for mixed use, the capacity for new housing is 10 https://www.diamondbarca.gov/961/General-Plan-2040 6.1.b Packet Pg. 155 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-79 9.0 estimated as 50% of the total allowable number of units on each parcel. In addition, parcels smaller than 0.5 acre have been conservatively excluded from the potential unit totals pursuant to Government Code §65583.2(c)(2)(A). Pursuant to Government Code §65583.2(h), zoning for the sites listed in Tables B-3, B-4 and B-5 shall ensure that: a) at least 50% of the shortfall of low- and very low-income regional housing need can be accommodated on sites designated for exclusively residential uses; or b) if accommodating more than 50% of the low- and very low-income regional housing need on sites designated for mixed-uses, all sites designated for mixed- uses must allow 100% residential use and require residential use to occupy at least 50% of the floor area in a mixed-use project. The estimated yield of parcels in the Focus Areas is considered to be realistic due to the significant development potential compared to existing development FAR. As seen in Tables B-3 through B-5, the existing FAR for most properties is well below 0.5 and the average FAR for all properties are as follows: Town Center Mixed Use: 0.33 average FAR Neighborhood Mixed Use: 0.09 average FAR Transit-Oriented Mixed Use: 0.27 average FAR The significant potential increase in development creates a strong economic investment incentive for redevelopment, and as a result, the existing uses are likely to be discontinued during the planning period. Affirmatively Furthering Fair Housing. Sites for additional housing are located throughout the community to affirmatively further fair housing. For example, the three new mixed-use areas provide significant potential for housing in areas with good access to jobs, transportation, education and services, while opportunities for ADUs are located in the city’s lower-density single-family neighborhoods, thereby avoiding segregated living patterns and facilitating truly integrated and balanced living patterns and areas of opportunity. 6.1.b Packet Pg. 156 Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-80 Table B-3 Town Center Mixed Use Sites to be Rezoned Address APN Existing Zoning Acreage Allowable Density Existing Use Existing FAR Publicly Owned? Income Level Total Potential Units Lower Mod Above Mod 23525 GOLDEN SPRINGS DR 8281010047 C-2 0.91 20 Commercial 0.19 No 4 5 9 206 S DIAMOND BAR BLVD 8281010049 C-3 0.54 20 Commercial 0.08 No 2 3 5 218 S DIAMOND BAR BLVD 8281010050 C-3 1.23 20 Commercial 0.59 No 6 6 12 240 S DIAMOND BAR BLVD 8281010051 C-3 2.40 20 Commercial 0.63 No 11 13 24 350 S DIAMOND BAR BLVD 8281010054 C-3 0.56 20 Commercial 0.07 No 2 4 6 300 S DIAMOND BAR BLVD 8281010057 C-3 1.16 20 Commercial 1.01 No 5 7 12 Not assigned 8281010060 C-3 2.16 20 Commercial 1.01 No 10 12 22 324 S DIAMOND BAR BLVD 8281010061 C-3 0.40 20 Commercial 0.31 No 0 0 0 334 S DIAMOND BAR BLVD 8281010062 C-3 0.70 20 Commercial 0.20 No 3 4 7 150 S DIAMOND BAR BLVD 8281024052 C-3 0.86 20 Commercial 0.03 No 4 5 9 23525 PALOMINO DR NO 45E 8281024053 C-2 3.24 20 Commercial 0.55 No 16 16 32 121 S DIAMOND BAR BLVD 8717008001 C-3 0.25 20 Commercial 0.65 No 0 0 0 121 S DIAMOND BAR BLVD 8717008002 C-3 0.16 20 Commercial 1.02 No 0 0 0 141 S DIAMOND BAR BLVD 8717008003 C-3 0.39 20 Commercial 0.54 No 0 0 0 141 S DIAMOND BAR BLVD 8717008004 C-3 0.33 20 Commercial 0.55 No 0 0 0 205 S DIAMOND BAR BLVD 8717008005 C-3 0.46 20 Commercial 0.57 No 0 0 0 205 S DIAMOND BAR BLVD 8717008006 C-3 0.21 20 Commercial 0.63 No 0 0 0 Not assigned 8717008010 C-3 0.06 20 Commercial 0.00 No 0 0 0 249 S DIAMOND BAR BLVD 8717008019 C-3 7.24 20 Commercial 0.30 No 36 36 72 235 S DIAMOND BAR BLVD 8717008020 C-3 0.87 20 Commercial 0.11 No 4 5 9 301 S DIAMOND BAR BLVD 8717008026 C-3 0.18 20 Commercial 0.04 No 0 0 0 301 S DIAMOND BAR BLVD 8717008027 C-3 0.07 20 Commercial 0.09 No 0 0 0 315 S DIAMOND BAR BLVD 8717008028 C-3 0.60 20 Commercial 0.30 No 3 3 6 303 S DIAMOND BAR BLVD 8717008029 C-3 3.96 20 Commercial 0.17 No 19 21 40 23341 GOLDEN SPRINGS DR 8717008032 C-2 0.66 20 Commercial 0.38 No 3 4 7 23347 GOLDEN SPRINGS DR 8717008033 C-2 2.46 20 Commercial 0.19 No 12 13 25 414 S PROSPECTORS RD 8717008034 C-2 1.01 20 Commercial 0.25 No 5 5 10 225 GENTLE SPRINGS LN 8717008038 C-3 0.65 20 Commercial 0.15 No 3 4 7 233 GENTLE SPRINGS LN 8717008039 C-3 0.62 20 Commercial 0.08 No 3 3 6 325 S DIAMOND BAR BLVD 8717008185 C-2 4.20 20 Commercial 0.33 No 20 22 42 379 S DIAMOND BAR BLVD 8717008186 C-2 0.53 20 Commercial 0.33 No 2 3 5 245 GENTLE SPRINGS LN 8717008187 C-3 1.33 20 Commercial 0.15 No 6 7 13 259 GENTLE SPRINGS LN 8717008188 C-3 2.71 20 Commercial 0.46 No 13 14 27 Not assigned 8717008189 C-3 0.96 20 Commercial 0.00 No 4 6 10 Not assigned 8717008902 C-3 0.02 20 Commercial 0.00 No 0 0 0 Not assigned 8717008903 C-3 0.14 20 Commercial 0.00 No 0 0 0 Totals 44.2 196 215 411 Notes: 1. The General Plan designation for all parcels is Town Center Mixed Use 2. Allowable density based on current General Plan and proposed zoning standards 3. Parcels less than 0.5 acre are excluded from unit totals 4. Total capacity estimated as 50% of allowable residential units 6.1.b Packet Pg. 157 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-81 9.0 Table B-4 Neighborhood Mixed Use Sites to be Rezoned Address APN Existing Zoning Acres Allowable Density Existing Use Existing FAR Publicly Owned? Lower Mod Above Mod Estimated Total Units4 574 N DIAMOND BAR BLVD 8706001001 OP 0.8 30 Commercial 0.08 No 3 1 8 12 542 N DIAMOND BAR BLVD 8706001003 OP 0.3 30 Commercial 0.17 No 0 0 0 0 530 N DIAMOND BAR BLVD 8706001004 OP 0.4 30 Commercial 0.17 No 0 0 0 0 504 N DIAMOND BAR BLVD 8706001007 OP 0.5 30 Commercial 0.05 No 0 0 0 0 23425 SUNSET CROSSING RD 8706001008 OP 1.2 30 Commercial 0.30 No 5 1 12 18 554 N DIAMOND BAR BLVD 8706001013 OP 0.5 30 Commercial 0.19 No 2 0 6 8 556 N DIAMOND BAR BLVD 8706001014 OP 2.8 30 Commercial 0.39 No 12 4 26 42 520 N DIAMOND BAR BLVD 8706001015 OP 0.4 30 Commercial 0.09 No 0 0 0 0 506 N DIAMOND BAR BLVD 8706001016 OP 0.8 30 Commercial 0.20 No 3 1 8 12 554 N DIAMOND BAR BLVD 8706001800 OP 0.1 30 Commercial 0.00 No 0 0 0 0 732 N DIAMOND BAR BLVD 8706002012 OP 1.1 30 Commercial 0.35 No 4 1 11 16 780 N DIAMOND BAR BLVD 8706002015 OP 1.0 30 Commercial 0.32 No 4 1 11 16 796 N DIAMOND BAR BLVD 8706002016 OP 1.1 30 Commercial 0.30 No 4 1 12 17 900 N DIAMOND BAR BLVD 8706002021 OP 4.3 30 Commercial 0.73 No 19 6 39 64 990 N DIAMOND BAR BLVD 8706002022 OP 0.9 30 Commercial 0.96 No 4 1 9 14 600 N DIAMOND BAR BLVD UNIT 1B 8706002027 OP 5.1 30 Commercial 0.01 No 23 7 47 77 600 N DIAMOND BAR BLVD UNIT 1A 8706002028 OP 5.1 30 Commercial 0.01 No 23 7 47 77 612 N DIAMOND BAR BLVD 8706002029 OP 5.1 30 Commercial 0.01 No 23 7 47 77 618 N DIAMOND BAR BLVD 8706002030 OP 5.1 30 Commercial 0.01 No 23 7 47 77 620 N DIAMOND BAR BLVD UNIT 4B 8706002031 OP 5.1 30 Commercial 0.01 No 23 7 47 77 620 N DIAMOND BAR BLVD UNIT 4A 8706002032 OP 5.1 30 Commercial 0.01 No 23 7 47 77 628 N DIAMOND BAR BLVD UNIT 5A 8706002033 OP 5.1 30 Commercial 0.01 No 23 7 47 77 628 N DIAMOND BAR BLVD UNIT 5B 8706002034 OP 5.1 30 Commercial 0.01 No 23 7 47 77 634 N DIAMOND BAR BLVD UNIT 6A 8706002035 OP 5.1 30 Commercial 0.01 No 23 7 47 77 634 N DIAMOND BAR BLVD UNIT 6B 8706002036 OP 5.1 30 Commercial 0.01 No 23 7 47 77 640 N DIAMOND BAR BLVD UNIT 7B 8706002037 OP 5.1 30 Commercial 0.01 No 23 7 47 77 640 N DIAMOND BAR BLVD NO 7A 8706002038 OP 5.1 30 Commercial 0.01 No 23 7 47 77 646 N DIAMOND BAR BLVD UNIT 8A 8706002039 OP 5.1 30 Commercial 0.01 No 23 7 47 77 646 N DIAMOND BAR BLVD UNIT 8B 8706002040 OP 5.1 30 Commercial 0.01 No 23 7 47 77 654 N DIAMOND BAR BLVD UNIT 9B 8706002041 OP 5.1 30 Commercial 0.01 No 23 7 47 77 654 N DIAMOND BAR BLVD UNIT 9A 8706002042 OP 5.1 30 Commercial 0.01 No 23 7 47 77 700 N DIAMOND BAR BLVD UNIT 10A 8706002043 OP 5.1 30 Commercial 0.01 No 23 7 47 77 700 N DIAMOND BAR BLVD UNIT 10B 8706002044 OP 5.1 30 Commercial 0.01 No 23 7 47 77 706 N DIAMOND BAR BLVD UNIT 11B 8706002045 OP 5.1 30 Commercial 0.01 No 23 7 47 77 706 N DIAMOND BAR BLVD UNIT 11A 8706002046 OP 5.1 30 Commercial 0.01 No 23 7 47 77 712 N DIAMOND BAR BLVD UNIT 12A 8706002047 OP 5.1 30 Commercial 0.01 No 23 7 47 77 712 N DIAMOND BAR BLVD UNIT 12B 8706002048 OP 5.1 30 Commercial 0.01 No 23 7 47 77 6.1.b Packet Pg. 158 Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-82 Address APN Existing Zoning Acres Allowable Density Existing Use Existing FAR Publicly Owned? Lower Mod Above Mod Estimated Total Units4 718 N DIAMOND BAR BLVD NO 13B 8706002049 OP 5.1 30 Commercial 0.01 No 23 7 47 77 718 N DIAMOND BAR BLVD NO 13A 8706002050 OP 5.1 30 Commercial 0.01 No 23 7 47 77 724 N DIAMOND BAR BLVD 8706002051 OP 5.1 30 Commercial 0.01 No 23 7 47 77 724 N DIAMOND BAR BLVD 8706002052 OP 5.1 30 Commercial 0.01 No 23 7 47 77 730 N DIAMOND BAR BLVD 8706002053 OP 5.1 30 Commercial 0.01 No 23 7 47 77 730 N DIAMOND BAR BLVD 8706002054 OP 5.1 30 Commercial 0.01 No 23 7 47 77 750 N DIAMOND BAR BLVD 8706002055 OP 2.1 30 Commercial 0.40 No 9 3 19 31 800 N DIAMOND BAR BLVD 8706002056 OP 5.4 30 Commercial 0.72 No 24 8 48 80 660 N DIAMOND BAR BLVD. 100 8706002058 OP 1.4 30 Commercial 0.02 No 6 2 13 21 660 N DIAMOND BAR BLVD 108 8706002059 OP 1.4 30 Commercial 0.01 No 6 2 13 21 660 N DIAMOND BAR BLVD 118 8706002060 OP 1.4 30 Commercial 0.02 No 6 2 13 21 660 N DIAMOND BAR BLVD 128 8706002061 OP 1.4 30 Commercial 0.02 No 6 2 13 21 660 N DIAMOND BAR BLVD 138 8706002062 OP 1.4 30 Commercial 0.02 No 6 2 13 21 660 N DIAMOND BAR BLVD 168 8706002063 OP 1.4 30 Commercial 0.03 No 6 2 13 21 660 N DIAMOND BAR BLVD 178 8706002064 OP 1.4 30 Commercial 0.01 No 6 2 13 21 660 N DIAMOND BAR BLVD 188 8706002065 OP 1.4 30 Commercial 0.01 No 6 2 13 21 660 N DIAMOND BAR BLVD 198 8706002066 OP 1.4 30 Commercial 0.02 No 6 2 13 21 660 N DIAMOND BAR BLVD 200 8706002067 OP 1.4 30 Commercial 0.03 No 6 2 13 21 660 N DIAMOND BAR BLVD 208 8706002068 OP 1.4 30 Commercial 0.01 No 6 2 13 21 660 N DIAMOND BAR BLVD 218 8706002069 OP 1.4 30 Commercial 0.02 No 6 2 13 21 660 N DIAMOND BAR BLVD 228 8706002070 OP 1.4 30 Commercial 0.01 No 6 2 13 21 660 N DIAMOND BAR BLVD 238 8706002071 OP 1.4 30 Commercial 0.01 No 6 2 13 21 660 N DIAMOND BAR BLVD 258 8706002072 OP 1.4 30 Commercial 0.01 No 6 2 13 21 660 N DIAMOND BAR BLVD 268 8706002073 OP 1.4 30 Commercial 0.02 No 6 2 13 21 660 N DIAMOND BAR BLVD 278 8706002074 OP 1.4 30 Commercial 0.03 No 6 2 13 21 660 N DIAMOND BAR BLVD 288 8706002075 OP 1.4 30 Commercial 0.02 No 6 2 13 21 660 N DIAMOND BAR BLVD 298 8706002076 OP 1.4 30 Commercial 0.01 No 6 2 13 21 Totals 194.5 851 262 1,781 2,894 Notes: 1. The General Plan designation for all parcels is Neighborhood Mixed Use 2. Allowable density based on current General Plan and proposed zoning standards 3. Parcels less than 0.5 acre are excluded from unit totals 4. Site capacity estimated as 50% of allowable residential units 6.1.b Packet Pg. 159 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-83 9.0 Table B-5 Transit-Oriented Mixed-Use Sites to be Rezoned Address APN Existing Zoning Acres Allowable Density Existing Use Existing FAR Publicly Owned? Lower Mod Above Mod Estimated Total Units 21035 WASHINGTON AVE 8719010009 I: Light Industrial 3.5 30 Commercial 0.20 No 26 26 52 680 BREA CANYON RD 100 8719010023 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 14 680 BREA CANYON RD 158 8719010024 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 14 680 BREA CANYON RD 168 8719010025 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 14 680 BREA CANYON RD 178 8719010026 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 14 680 BREA CANYON RD 188 8719010027 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 14 680 BREA CANYON RD 200 8719010028 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 14 680 BREA CANYON RD 208 8719010029 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 14 680 BREA CANYON RD 258 8719010030 I: Light Industrial 0.9 30 Commercial 0.04 No 7 7 14 680 BREA CANYON RD 268 8719010031 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 14 680 BREA CANYON RD 278 8719010032 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 14 680 BREA CANYON RD 8719010033 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 14 618 BREA CANYON RD UNIT A 8719010035 I: Light Industrial 1.7 30 Commercial 0.04 No 13 13 25 618 BREA CANYON RD UNIT B 8719010036 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 25 618 BREA CANYON RD C 8719010037 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 25 618 BREA CANYON RD D 8719010038 I: Light Industrial 1.7 30 Commercial 0.04 No 13 13 25 618 BREA CANYON RD E 8719010039 I: Light Industrial 1.7 30 Commercial 0.04 No 13 13 25 618 BREA CANYON RD F 8719010040 I: Light Industrial 1.7 30 Commercial 0.03 No 13 13 25 618 BREA CANYON RD G 8719010041 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 25 618 BREA CANYON RD H 8719010042 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 25 618 BREA CANYON RD I 8719010043 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 25 618 BREA CANYON RD J 8719010044 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 25 655 BREA CANYON RD 8760021005 I: Light Industrial 18.7 30 Commercial 0.01 No 140 140 280 20955 LYCOMING ST 8760027001 I: Light Industrial 1.0 30 Commercial 0.12 No 8 8 15 20955 LYCOMING ST 8760027002 I: Light Industrial 0.4 30 Commercial 0.78 No 0 0 0 780 PINEFALLS AVE 8760027003 I: Light Industrial 0.5 30 Commercial 0.47 No 0 0 0 760 PINEFALLS AVE 8760027004 I: Light Industrial 0.4 30 Commercial 0.52 No 0 0 0 750 PINEFALLS AVE 8760027005 I: Light Industrial 0.6 30 Commercial 0.43 No 4 4 9 755 PINEFALLS AVE 8760027006 I: Light Industrial 0.8 30 Commercial 0.34 No 6 6 12 761 PINEFALLS AVE 8760027007 I: Light Industrial 0.3 30 Commercial 0.52 No 0 0 0 773 PINEFALLS AVE 8760027008 I: Light Industrial 0.1 30 Commercial 1.47 No 0 0 0 773 PINEFALLS AVE 8760027009 I: Light Industrial 0.2 30 Commercial 0.07 No 0 0 0 787 PINEFALLS AVE 8760027010 I: Light Industrial 0.4 30 Commercial 0.45 No 0 0 0 770 PENARTH AVE 8760027011 I: Light Industrial 0.4 30 Commercial 0.43 No 0 0 0 766 PENARTH AVE 8760027012 I: Light Industrial 0.3 30 Commercial 0.45 No 0 0 0 750 PENARTH AVE 8760027013 I: Light Industrial 0.8 30 Commercial 0.35 No 6 6 12 751 PENARTH AVE 8760027014 I: Light Industrial 0.8 30 Commercial 0.33 No 6 6 12 6.1.b Packet Pg. 160 Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-84 Address APN Existing Zoning Acres Allowable Density Existing Use Existing FAR Publicly Owned? Lower Mod Above Mod Estimated Total Units 761 PENARTH AVE 8760027015 I: Light Industrial 0.2 30 Commercial 0.49 No 0 0 0 767 PENARTH AVE 8760027016 I: Light Industrial 0.1 30 Commercial 2.35 No 0 0 0 767 PENARTH AVE 8760027017 I: Light Industrial 0.3 30 Commercial 0.03 No 0 0 0 771 PENARTH AVE 8760027018 I: Light Industrial 0.5 30 Commercial 0.43 No 0 0 0 Totals 57.3 397 398 795 Notes: 1. The General Plan designation for all parcels is Transit-Oriented Mixed Use 2. Allowable density based on current General Plan and proposed zoning standards 3. Parcels less than 0.5 acre are excluded from unit totals 4. Total capacity estimated as 50% of allowable residential units 6.1.b Packet Pg. 161 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-85 9.0 Figure B-1 Sites Inventory Map 6.1.b Packet Pg. 162 9-86 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure B-2a Town Center Mixed Use Area Map Source: Figure 3-3: Town Center Mixed-Use Focus Area Concept Illustration; Diamond Bar General Plan 2040 6.1.b Packet Pg. 163 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-87 9.0 Figure B-2b Neighborhood Mixed Use Area Map Source: Figure 3-2: Neighborhood Mixed-Use Focus Area Concept Illustration; Diamond Bar General Plan 2040 6.1.b Packet Pg. 164 9-88 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure B-2c Transit-Oriented Mixed Use Area Map Source: Figure 3-4: Transit-Oriented Mixed-Use Focus Area Concept Illustration; Diamond Bar General Plan 2040 6.1.b Packet Pg. 165 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-89 9.0 Potential Accessory Dwelling Units Accessory dwelling units (ADUs) represent a significant opportunity for affordable housing, particularly for single persons or small households including the elderly, college students, young adults, and caregivers. Recent changes in State law have made the construction of ADUs more feasible for homeowners, and the City has seen an increase in ADU development applications recently. Table B-6 shows ADU permit trends during 2018-2020 in Diamond Bar. The average rate of ADU permits over this 3-year period is 5.3 units per year. At that rate, it is estimated that approximately 42 additional ADUs will be permitted during the 2021- 2029 planning period. Based on recent analysis conducted by SCAG11 over two- thirds of future ADUs are expected to be affordable to low- and moderate-income households. Table B-6 Accessory Dwelling Units Permitted Year Permits Issued 2018 2 2019 6 2020 8 Source: City of Diamond Bar, 2021 11 SCAG, Regional Accessory Dwelling Unit Affordability Analysis, 2020 (https://scag.ca.gov/sites/main/files/file- attachments/adu_affordability_analysis_120120v2.pdf?1606868527) 6.1.b Packet Pg. 166 9-90 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Appendix C Public Participation Summary Public participation is an important component of the planning process, and this update to the Housing Element has provided residents and other interested stakeholders numerous opportunities to provide comments and recommendations. Early in the update process a Housing Element web page was created on the City website12 and a Housing Element Frequently Asked Questions was prepared (Figure C-1) and posted on the website. Public notice, agendas and materials for all Housing Element meetings were posted on the website and at City Hall in advance of each meeting and also sent by direct mail to housing advocates and non-profit organizations representing the interests of lower-income persons and special needs groups (see Table C-1). Notices of public hearings were also published in the local newspaper. For each public meeting the City offered reasonable accommodation for persons with disabilities to assist them in participating in the meeting, including the provision of transcription of meeting minutes for non-English speakers. Transcribed minutes may be easily translated into other languages via free web applications such as Translate.Google.com. After receiving comments on the draft Housing Element from the State Housing and Community Development Department, a proposed final Housing Element was prepared and made available for public review prior to adoption by the City Council. The following is a list of opportunities for public involvement in the preparation of this Housing Element update. Joint Planning Commission/City Council study session January 26, 2021 Planning Commission hearing to review Draft Housing Element March 23, 2021 City Council hearing to review Draft Housing Element April 6, 2021 Planning Commission hearing October 13, 2021 City Council hearing November 2, 2021 A list of interested parties that were notified of meetings is provided in Table C-1 and a summary of comments and responses is provided in Table C-2. Comments were incorporated into the draft Housing Element where appropriate. 12 https://www.diamondbarca.gov/963/Housing-Element-Update 6.1.b Packet Pg. 167 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-91 9.0 Figure C-1 Housing Element FAQ 6.1.b Packet Pg. 168 9-92 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.b Packet Pg. 169 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-93 9.0 6.1.b Packet Pg. 170 9-94 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.b Packet Pg. 171 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-95 9.0 6.1.b Packet Pg. 172 9-96 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.b Packet Pg. 173 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-97 9.0 6.1.b Packet Pg. 174 9-98 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table C-1 Public Notice List Southern California Association of Non Profit Housing 501 Shatto Place, Suite 403 Los Angeles, CA 90020 National Community Renaissance Attn: John Seymour 4322 Piedmont Drive San Diego, CA 92107 LINC Housing Corporation 110 Pine Ave., Suite 500 Long Beach, CA 90802 C & C Development Attn: Barry Cottle 14211 Yorba Street, Suite 200 Tustin, CA 92870 City Ventures Attn: Bill McReynolds 2850 Red Hill Avenue, Suite 200 Santa Ana, CA 92705 Jamboree Housing Corp. Laura Archuleta 17701 Cowan Avenue, Suite 200 Irvine, CA 92614 The Related Companies of California Frank Cardone 18201 Von Karman Ave Ste 900 Irvine, CA 92612 Abode Communities 701 East 3rd Street, Suite 400 Los Angeles, California 90013 Meta Housing 1640 S Sepulveda Blvd. Los Angeles, CA 90025 SOCAL Housing Development Corp 9065 Haven Ave Rancho Cucamonga, CA 91730 Mercy Housing 1500 South Grand Ave., Suite 100 Los Angeles, California 90015 Abundant Housing LA 515 S Flower Street, 18th Floor Los Angeles, CA 90071 Gary Busteed 20850 Gold Run Drive Diamond Bar, CA 91765 Community Development Director City of Brea 1 Civic Center Circle Brea, CA 92821 City of Pomona Community Development Director 505 South Garey Avenue Pomona, California 91766 Brittany Irvin Province Group/Newport Equities LLC 26 Corporate Plaza, Suite 260 Newport Beach, CA 92660 City of Walnut Community Development Director 21201 La Puente Road Walnut, CA 91789 City of La Habra Heights City Manager 1245 North Hacienda Road La Habra Heights, CA 90631 Robert A. Hamilton, President 316 Monrovia Avenue Long Beach, CA 90803 Joann Lombardo City of Chino Hills Com. Dev. Dept. 14000 City Center Dr. Chino Hills, CA 91709 Troy Helling, City Manager City of Industry 15625 East Stafford Street Industry, CA 91744 6.1.b Packet Pg. 175 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-99 9.0 Richard Martinez, Superintendent Pomona Unified School District 800 S. Garey Ave. Pomona, CA 91766 Richard Macedo, Branch Chief CA Department of Fish & Wildlife Habitat Conservation Planning 1416 Ninth Street, 12th Floor Sacramento, CA 95814 Ed Pert, Regional Manager California Dept. of Fish & Wildlife South Coast Region 5 3883 Ruffin Rd. San Diego, CA 92123 Fish and Wildlife Biologist U.S. Fish and Wildlife Service 2177 Salk Ave., Suite 250 Carlsbad, CA 92008 State Clearinghouse P.O. Box 3044 Sacramento, CA 95814 Colonel Kirk E. Gibbs, 61st Commander US Army Corps of Engs. LA District 915 Wilshire Blvd Los Angeles, CA 90017 Lijn Sun, Program Supervisor SCAQMD Intergovernmental Review 21855 Copley Dr. Diamond Bar, CA 91765-4182 Michael Y. Takeshita, Acting Chief Los Angeles County Fire Department - Forestry Div 1320 N. Eastern Los Angeles, CA 90063-3294 Alfred Reyes, Captain Los Angeles County Sheriff Dept 21695 Valley Boulevard Walnut, CA 91789 Deborah Smith, Executive Officer Regional Water Quality Control Bd Los Angeles Region 320 W. 4th Street, Suite 200 Los Angeles, CA 90013-2343 John Andres Southern California Gas Company 9400 Oakland Avenue Chatsworth, CA 91311 Alex Villanueva, Sheriff Los Angeles County Sheriff Department 4700 Ramona Boulevard Monterey Park, CA 91754 Erik Hitchman, General Manager Walnut Valley Water District 271 South Brea Canyon Road Walnut, CA 91789 San Bernardino County Planning Department County Government Center 385 North Arrowhead Ave San Bernardino, CA 92415 Anthony Nyivih LA County Department of Public Works Land Development Division P.O. Box 1460 Alhambra, CA 91802-2460 Mark Pestrella, Director Los Angeles County Department of Public Works 900 S. Fremont Avenue Alhambra, CA 91803 Pui Ching Ho, Library Manager Los Angeles County Public Library Diamond Bar Branch 21800 Copley Dr Diamond Bar, CA 91765 Amy J. Bodek, Director County of Los Angeles Department of Regional Planning 320 W. Temple St, 13th Floor Los Angeles, CA 90012 Jared Dever, District Manager San Gabriel Valley Mosquito & Vector Control District 1145 N. Azusa Canyon Road West Covina, CA 91790 Miya Edmonson California Dept. of Transportation District 7 – Env Planning 100 S. Main Street Los Angeles, CA 90012 Robert C. Ferrante, Chief Eng County Sanitation Districts of Los Angeles County 1955 Workman Mill Road Whittier, CA 90607-4998 Robert Taylor Walnut Valley Unified School Dist. 880 S. Lemon Street Walnut, CA 91789 Metropolitan Water Dist. of So. Calif Attention: Environmental Planning 700 N. Alameda St. Los Angeles, CA 90012 Marisa Creter, Executive Director San Gabriel Valley Council of Gov. 1000 S. Fremont Avenue #42 Alhambra, CA 91803 Kome Ajise Exec. Director of So. California Association of Governments 900 Wilshire Blvd. #1700 Los Angeles, CA 90017 Daniel J. Johnson, Interim AVP Facilities Planning Cal Poly Pomona 3801 W Temple Ave, Bldg 81 Pomona, CA 91768 Eileen Sobeck, Executive Director State Water Quality Control Board 1001 I Street P.O. Box 100 Sacramento, CA 95814 6.1.b Packet Pg. 176 9-100 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Battalion Commander Los Angeles County Fire Station 120-Battalion 1051 S. Grand Avenue Diamond Bar, CA 91765-2210 Skye Patrick County Library Director LA County Library 7400 E. Imperial Highway Downey, CA 90242 County of Los Angeles Department of Parks and Rec Alina Bokde, Deputy Director 1000 S. Fremont Ave, Unit #40 Alhambra, CA 91803 Anita D. Gutierrez, AICP Acting Dev Services Director City of Pomona - Dev Svcs. 505 South Garey Avenue Pomona, CA 91766 Metro Development Review Los Angeles County Metropolitan Transp. Authority One Gateway Plaza, MS 99-22-1 Los Angeles, CA 90012-2952 Julianne Polanco, SHPO Calif. Dept. of Parks & Recreation Office of Historic Preservation 1725 23rd Street, Suite 100 Sacramento, CA 95816 Tom Weiner Director of Community Dev City of Walnut 21201 La Puente Road Walnut, CA 91789 Salvador Flores Southern California Edison 2 Innovation Way Pomona, CA 91768 Southern California Gas Co Centralized Correspondence PO Box 3150 San Dimas, CA 91773 David Perez Valley Vista Services, Inc. 17445 E Railroad Street City of Industry, CA 91748 Steven D. Lowry Southern California Edison Co Real Prop, Title & Real Estate Svcs 2131 Walnut Grove Blvd. 2nd Fl Rosemead, CA 91770-3769 Southern California Edison Co. Local Governmental Affairs – Land Use/Environmental Coord 2244 Walnut Grove Avenue Rosemead, CA 91770 Grace P. Brandt Department of Conservation 5816 Corporate Ave #100 Cypress, CA 90630 Orange County Planning & Development Department P.O. Box 4048 Santa Ana, CA 92703 Rowland Heights Community Coordinating Council P.O. Box 8171 Rowland Heights, CA 91748 Three Valleys Municipal Water District 1021 E Miramar Ave Claremont, CA 91711 Douglas Bassett Spectrum Cable Company 4781 Irwindale Avenue Irwindale, CA 91706 Asia Powell Frontier Communications 510 Park Ave. San Fernando, CA 91340 Gary Nellesen, Director Facilities Planning & Mgmt Mt. San Antonio College 1100 N. Grand Ave Walnut, CA 91789 Teri G. Muse Public Sector Solutions Rep Waste Mgmt San Gabriel/Pomona 13940 E. Live Oak Avenue Baldwin Park, CA 91706 Claire Schlotterbeck, Exec Dir Hills for Everyone P.O. Box 9835 Brea, CA 92822-1835 Gabrieleno Band of Mission Indians- Kizh Nation Andrew Salas, Chairperson P.O. Box 393 Covina, CA 91723 La City/County Native American Indian Comm. 3175 West 6th St Los Angeles, CA 90020 San Gabriel Band of Mission Indians Anthony Morales, Chief P.O. Box 693 San Gabriel, CA 91778 California Native American Heritage Commission 1550 Harbor Blvd, Suite 100 West Sacramento, CA 95691 Gabrielino-Tongva Tribe Charles Alvarez 23454 Vanowen Street West Hills, CA, 91307 Gabrielino-Tongva Tribe Linda Candelaria, Co-Chairperson 23453 Vanowen St West Hills, CA 91307 6.1.b Packet Pg. 177 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-101 9.0 Gabrielino Tongva Nation Sandonne Goad, Chairperson 106 1/2 Judge John Aiso St, #231 Los Angeles, CA 90012 Pauma Band of Luiseno Indians – Pauma & Yuima Reservation Temet Aguilar, Chairperson PO Box 369 Pauma Valley, CA 92061 Gabrielino Tongva Indians of California Tribal Council Robert F. Dorame, Chairperson P.O. Box 490 Bellflower, CA 90707 San Fernando Band of Mission Indians Donna Yocum, Chairperson P.O. Box 221838 Newhall, CA, 91322 Soboba Band of Luiseno Indians Joseph Ontiveros Cultural Resource Director PO Box 487 San Jacinto, CA 92581 Torres Martinez Desert Cahuilla Indians Michael Mirelez, Cultural Res Co PO Box 1160 Thermal, CA 92274 Douglas Barcon 23535 Palomino Dr #545 Diamond Bar, CA 91765 Diamond Bar – Pomona Valley Sierra Club Task Force 324 S. Diamond Bar Blvd. #230 Diamond Bar, CA 91765 Janet Cobb & Angela Moskow CA Wildlife Foundation/CA Oaks 428 13th Street, #10A Oakland, CA 94612 6.1.b Packet Pg. 178 9-102 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table C-2 Summary of Public Comments and Responses Comment Response We have a housing crisis Yes, the State Legislature has declared there is a housing crisis in California The housing market is strongly influenced by investors Yes Children who grew up in Diamond Bar have difficulty finding affordable housing that enables them to continue living here One of the main purposes of the Housing Element is to increase the availability of housing at all income levels so that grown children can afford to remain in the community. The City should consider an inclusionary housing program “Inclusionary housing” refers to a requirement that a portion of new housing is made available at affordable rents or prices. There are valid arguments for and against such policies, and each city must evaluate whether inclusionary requirements are appropriate. Diamond Bar doesn’t have sufficient transportation and parking infrastructure to handle the amount of development assigned in the RHNA, such as streets serving the Metrolink station Transportation issues must be a part of future planning and development decisions, along with the analysis of housing needs and the appropriate locations for new housing. Future planning and development of the Focus Areas needs to be done thoughtfully so that these areas enhance the quality of life in Diamond Bar Detailed planning for the Focus Areas will be done based on the policy framework established in the General Plan and site-specific analysis conducted during the preparation of specific plans and development regulations for these areas. If a site is listed in the inventory, is it required to be developed for affordable housing? No, the sites inventory only describes where additional housing could be built based on zoning regulations. Property owners will decide if and when development occurs. The City or the State cannot force property owners to develop their property for housing. 6.1.b Packet Pg. 179 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-103 9.0 Appendix D Contributing Factors to Fair Housing Issues 6.1.b Packet Pg. 180 9-104 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.b Packet Pg. 181 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-105 9.0 6.1.b Packet Pg. 182 9-106 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.b Packet Pg. 183 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-107 9.0 6.1.b Packet Pg. 184 9-108 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.b Packet Pg. 185 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-109 9.0 6.1.b Packet Pg. 186 9-110 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.b Packet Pg. 187 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-111 9.0 6.1.b Packet Pg. 188 9-112 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.b Packet Pg. 189 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-113 9.0 6.1.b Packet Pg. 190 9-114 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.b Packet Pg. 191 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-115 9.0 6.1.b Packet Pg. 192 -1- HCD 6th Housing Element Comments and Responses City of Diamond Bar November 2021 HCD Comment (Letter of 6/3/2021) Housing Element Page No. Response/Revision A. Review and Revision Appendix A Appendix A has been revised to provide additional information regarding the effectiveness of goals, policies, and related actions in meeting the city’s housing needs. B.1 Affirmatively Furthering Fair Housing 9-50 to 57 9-68 9-79 The element has been revised to include a description of public outreach, an assessment of fair housing, identification and prioritization of contributing factors to fair housing issues and goals, and actions sufficient to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity. In addition, Program H-14 describes actions the City will take to affirmatively further fair housing during the planning period. B.2 Race and Ethnicity 9-7 9-52 The Needs Assessment (Table 9-4) includes data regarding the race and ethnicity of Diamond Bar households. Additional data has been provided in Figure 9-4. B.3 Extremely-low-income households 9-10/11 The Needs Assessment has been revised to provide additional data (Table 9- 11) and analysis regarding ELI households including tenure, and the analysis provides additional information on potential housing problems and specific housing needs of ELI households. B.4 Sites Inventory Appendix B General Plan designation. The sites inventory (Tables B-3 through B-5) has been revised to identify general plan designations. Existing uses on non-vacant sites. The analysis of existing uses of non-vacant sites in Tables B-3 through B-5 has been expanded to include the floor area ratio (FAR) of existing buildings. FAR is an important indicator of underutilization and market potential for redevelopment. Electronic inventory. An electronic copy of the sites inventory will be submitted to HCD with the adopted element. 6.1.c Packet Pg. 193 -2- HCD Comment (Letter of 6/3/2021) Housing Element Page No. Response/Revision Sites map. In addition to the citywide map (Figure B-1) the original draft Housing Element included maps showing the locations of the sites within the three Focus Areas (Figures B-2a, B-2b and B-2c). Realistic Capacity. Appendix B has been revised to provide additional analysis of the City’s methodology for calculating realistic capacity for sites listed in the sites inventory. For sites zoned for nonresidential uses, the revised element describes how the estimated number of residential units for each site was determined. Suitability of Nonvacant Sites. The analysis of nonvacant sites in the Town Center, Neighborhood Mixed Use, and Transit-oriented Mixed-Use focus areas has been expanded to demonstrate the potential for redevelopment, including the extent existing uses constitute an impediment, recent developments, development trends and market conditions. In addition, the City Council resolution includes findings based on substantial evidence that the existing use is not an impediment and will likely discontinue in the planning period. Second Units. The estimate of accessory dwelling unit (ADU) potential for the planning period has been revised based on ADU permit trends during 2018- 2020. B.5 Governmental Constraints 9-48 Infrastructure. The element has been revised to evaluate existing or planned dry utilities supply capacity to accommodate the City’s regional housing need for the planning period. Water & Sewer Priority. The element has been revised to note that water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower- income households. The City has delivered the adopted housing element to water and sewer service providers. 6.1.c Packet Pg. 194 -3- HCD Comment (Letter of 6/3/2021) Housing Element Page No. Response/Revision B.5 Governmental Constraints 9-39/40/41 9-65 Parking. The analysis of parking requirements as a potential constraint on the cost and supply of housing and ability to achieve maximum densities has been expanded, and Program H-8 has also been expanded to address this issue. B.5 Governmental Constraints 9-66 Website. Consistent with new transparency laws, Program H-13 has been revised to include posting zoning and development standards on the City website. B.5 Governmental Constraints 9-47 Fees and exactions. The draft element has been revised to include school fees. There are no other predetermined impact fees. B.5 Governmental Constraints 9-46 9-65 Permit procedures. The City is in the process of comprehensively updating the Development Code, including permit review procedures. As part of the update, the City will be preparing objective development standards and evaluating ways to streamline the review process, including SB 35 review procedures to minimize constraints on housing supply and affordability. Program H-8 has also been revised to address this issue. B.5 Governmental Constraints 9-37/38 Persons with disabilities. The element has been revised to provide additional description of reasonable accommodation procedures, criteria and process. B.5 Governmental Constraints 9-42 Building Codes and Enforcement. The element has been revised to include additional description of the building code enforcement process. B.6 Nongovernmental Constraints 9-50 Price of land, Cost of Construction, and Availability of Financing. The element has been revised to include additional information regarding the cost of land and construction, and their impact on the supply of housing. 9-46 Requests for Lower Density, Permit Times, and Efforts to Address Non- Governmental Constraints. The element has been revised to include analysis of requests to develop at densities below the density identified in the site inventory, and a description of the length of time between project approval and request for building permit that hinders the jurisdiction’s ability to accommodate RHNA by income category. 6.1.c Packet Pg. 195 -4- HCD Comment (Letter of 6/3/2021) Housing Element Page No. Response/Revision B.7 Special Housing Needs 9-20 Elderly. The original draft Housing Element included analysis of the housing problems and needs of the elderly, including the following: “Many elderly persons are dependent on fixed incomes or have disabilities. Elderly homeowners may be physically unable to maintain their homes or cope with living alone. The housing needs of this group can be addressed through smaller units, accessory dwelling units on lots with existing homes, shared living arrangements, congregate housing and housing assistance programs.” Additional cross-references to City programs to address the needs of the elderly has been provided. 9-16/17 Persons with disabilities. Additional analysis of potential housing problems and unmet needs of persons with disabilities, as well as references to programs to address those needs has been provided. C.1 Housing Programs 9-59 to 69 Program descriptions. Programs have been revised to clarify the City’s specific role in implementation; implementation timelines; objectives, quantified where appropriate; and identification of responsible agencies and officials. In addition, Programs H-1, H-2 and H-3 have been revised as follows: Program H-1, Residential Neighborhood Improvement has been revised to clarify if that the objective is for the 8-year planning period. Program H-2, Home Improvement Program has been revised to include the City’s specific role in administration and identify responsible agencies and officials. Program H-3, Section 8 Rental Assistance Program has been revised to describe the City’s specific role in implementation and identify responsible agencies and officials. C.2 Identify actions that will be taken to make sites available. 9-64 Program H-8, Land Use Element and Development Regulations. has been amended to include the following components consistent with State law: • Permit owner-occupied and rental multifamily uses by right for developments in which 20 percent or more of the units are affordable to lower income households. By right means local government review must not 6.1.c Packet Pg. 196 -5- HCD Comment (Letter of 6/3/2021) Housing Element Page No. Response/Revision require a conditional use permit, planned unit development permit, or other discretionary review or approval. • Permit the development of at least 16 units per site. • Require a minimum density of 20 units per acre; and • Ensure a) at least 50 percent of the shortfall of low- and very low-income regional housing need can be accommodated on sites designated for exclusively residential uses, or b) if accommodating more than 50 percent of the low- and very low-income regional housing need on sites designated for mixed-uses, all sites designated for mixed-uses must allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project. C.3 Programs to assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate- income households. 9-65 Program H-7, Senior and Workforce Housing Development has been expanded to include specific actions and timelines to assist in the development of housing for extremely low-, very low-, low-, and moderate- income households, including priority processing, fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to lower and moderate- income households; assisting, supporting or pursuing funding applications; and working with housing developers to coordinate and implement a strategy for developing housing affordable to lower and moderate-income households. C.4 Programs to remove constraints The element has been revised to address this comment as described in Findings B5 and B6, above. C.5 Programs to affirmatively further fair housing. The element has been revised to address this comment as noted in Finding B1, above. D. Public Participation Appendix C The description of the public participation process has been expanded to demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element, including ethnic groups and non-English speakers. 6.1.c Packet Pg. 197 6.1.d Packet Pg. 198 6.1.d Packet Pg. 199 6.1.d Packet Pg. 200 6.1.d Packet Pg. 201 6.1.d Packet Pg. 202 __________________________________________________________________________ OCTOBER 13, 2021 PAGE 3 PLANNING COMMISSION __________________________________________________________________________ C/Barlas asked if someone brought their own e - or regular cigarette and want to use it in area designated for hookah, do the owners have any provision or plan for that, the applicant replied that as of now they do not have any restrictions, and if someone wants to smoke their own cigarette etc. while having dinner in the area designated for hookah, they are not planning to object to it. Mr. Almannini responded to Chair/Rawlings how hookah is prepared in a separate area. Chair/Rawlings closed the public hearing. C/Wolfe moved, Chair/Rawlings seconded, to approve the amendment to Minor Conditional Use Permit and Variance PL2019-122, based on the findings of fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Wolfe, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Mok, VC/Garg 7.2 Diamond Bar 2021-2029 Housing Element Update – The City of Diamond Bar has prepared an update to the Housing Element of the City’s General Plan for the 2021-2029 planning period. The Housing Element includes analysis of the community’s housing needs, opportunities and constraints as well as, policies and programs to facilitate the construction, rehabilitation, and preservation of housing for all economic segments of the community. PROJECT ADDRESS: CITYWIDE APPLICANT/LEAD AGENCY: City of Diamond Bar Community Development Department CDD/Gubman introduced John Douglas, Housing Element Consultant, who presented the updated Housing Element report revised to address HCD comments, and recommended that the Planning Commission recommend City Council approval of the Diamond bar Housing Element 2021-2029 update. C/Wolfe stated that because the revisions to the prior draft Housing Element were not highlighted within the latest draft, it was somewhat difficult to follow where HDC’s comments were addressed and incorporated. 6.1.e Packet Pg. 203 __________________________________________________________________________ OCTOBER 13, 2021 PAGE 4 PLANNING COMMISSION __________________________________________________________________________ Chair/Rawlings asked if part of the exercise was to increase the likelihood that some of the proposed housing would be built. Mr. Douglas responded that one of the themes in state law is for cities to use their powers to try to encourage and facilitate the production of housing to the extent they can, recognizing that cities play an important role in the housing development process by adopting plans, regulations, zoning, standards, etc. with many other things that must happen before housing is built such as a willing property owner, a developer, a source of funding, etc. Chair/Rawlings commented that public comments were centered around the idea of the Town Center Mixed Use and adjustment including parking structures to make it more economically feasible for a developer to build, for which the city was responsive in attempting to increase the likelihood that housing would be built. Chair/Rawlings asked about the letter that was submitted to the Commission from the Southwest Regional Council of Carpenters about including in the element the idea of local hire and skilled labor and whether this was the right place to include that idea, is a site specific plan a better place, or is it best handled on a policy level with the City Council and Development Code. CDD/Gubman responded that local preference generally comes into play as a policy decision with public works projects, or if development agreements are involved. The Housing Element is not the most appropriate vehicle for such policies which are ultimately guided by the City Council and the limitations of local vendor preference. C/Barlas asked if the City will offer incentives for developers with respect to the Town Center. CDD/Gubman responded that the Urban Land Institute Technical Assistance Panel’s recommendations included several incentives for the City to consider, such as establishing an enhanced infrastructure facilities district, a tool that somewhat replaces redevelopment and business improvement districts where increased property values from a new development provide increased sales tax back to the City to be used to invest into Specific Plan areas such as the Town Center, or other types tax incentives. In addition, through state density bonus law, if a developer building housing in the City commits to a certain percentage of their development to be “affordable,” developers have a right to build at a density that exceeds the City’s zoning limitation that would otherwise be impose on the project. Diamond Bar, through its General Plan, has established that it is seeking opportunities for higher and more affordable housing in keeping with the housing demand for the community and is also seeking to bring more residential into commercial areas to activate them toward achieving more urban amenities. Chair/Rawlings opened the public hearing. 6.1.e Packet Pg. 204 __________________________________________________________________________ OCTOBER 13, 2021 PAGE 5 PLANNING COMMISSION __________________________________________________________________________ AC/Marquez stated that as mentioned by Chair/Rawlings, an email was received from Mitchell Tsai on behalf of the Southwest Regional Council of Carpenters, a copy of which was provided to Planning Commissioners. Paul Deibel, speaking telephonically, expressed his support for the Housing Element that establishes commitments to modify the City’s Development Code and Standards in the next two years to provide for greater densities and incentives for more affordable housing opportunities in general as well as, in focus areas in particular. Mr. Deibel said he was under the impression that the document would be redlined with respect to responses to HCD’s comments and felt that HCD comments called for the sites inventory to include a map that could be distributed to potential developers to show where the units can be found. Chair/Rawlings closed the public hearing. C/Barlas moved, C/Wolfe seconded, to recommend City Council approval of the Diamond bar Housing Element 2021-2029 update. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Wolfe, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Mok, VC/Garg 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: C/Barlas was very happy to see the Housing Element move forward and looked forward to improvements in the City. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman reported that there is one public hearing item scheduled for the regular meeting of October 26, a Code Amendment to update the Family/Daycare Home regulations to be consistent with recent legislation that modifies state law. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. 6.1.e Packet Pg. 205 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov June 3, 2021 Greg Gubman, Community Development Director Community Development Department City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Dear Greg Gubman: RE: Review of Diamond Bar’s 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of Diamond Bar’s (City) draft housing element received for review on April 8, 2021, along with revisions received on May 17, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on May 10, 2021 with your consultant John Douglas. The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). In particular, to comply with State Housing Element Law the element must provide a complete sites inventory, including full analyses of the nonvacant sites, as well as provide a full analysis addressing the required components for Affirmatively Furthering Fair Housing, among other items. The enclosed Appendix describes these requirements and other revisions needed to comply with State Housing Element Law. To remain on an eight-year planning cycle, the City must adopt its housing element within 120 calendar days from the statutory due date of October 15, 2021 for Southern California Association of Government localities. If adopted after this date, Government Code section 65588, subdivision (e)(4) requires the housing element be revised every four years until adopting at least two consecutive revisions by the statutory deadline. For more information on housing element adoption requirements, please visit HCD’s website at: http://www.hcd.ca.gov/community-development/housing-element/housing- element-memos/docs/sb375_final100413.pdf Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that 6.1.f Packet Pg. 206 Greg Gubman, Community Development Director Page 2 represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact John Buettner, of our staff, at (916) 841-4756. Sincerely, Megan Kirkeby Deputy Director Division of Housing Policy Development Enclosure 6.1.f Packet Pg. 207 HCD’s Review of Diamond Bar’s 6th Cycle Housing Element Draft Page 1 June 7, 2021 APPENDIX CITY OF DIAMOND BAR The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element- memos.shtml. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources. A. Review and Revision Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).) The element does not fully review the previous element and evaluate the appropriateness and effectiveness in implementation. Specifically, the element must be revised to analyze the effectiveness of prior programs. For example, Housing Program 14 states that the City was to encourage production of housing through the provisions of incentives but does not state if incentives were developed, offered, or provided to developers. The element must provide a more detailed narrative describing the actual results or outcomes of the prior housing element’s goals, objectives, policies, and programs. In addition, the element must evaluate the appropriateness of the goals, objectives, policies, and programs. For example, while the element states if program is to be continued in the 6th cycle housing element, it does not indicate if modifications are necessary to achieve better results in the new housing element cycle. The element must provide narrative describing what has been learned based on the analysis or effectiveness of the previous element, as described above. B. Housing Needs, Resources, and Constraints 1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Program H-14 speaks to fair housing policies, entitlement reviews and fairness in approving development applications, accommodations for persons with disabilities, public outreach, and stakeholder engagement. This is not sufficient to cover the AFFH area. In addition to the provisions in H-14, the assessment of fair housing must include an analysis related to racially and ethnically concentrated areas of poverty, disparities in access to opportunities and disproportionate housing needs, including displacement risks. Further, the element contains no analysis to 6.1.f Packet Pg. 208 HCD’s Review of Diamond Bar’s 6th Cycle Housing Element Draft Page 2 June 7, 2021 adequately identify and prioritize contributing factors to fair housing issues and formulate meaningful and significant goals and actions. An analysis generally will identify all the above fair housing areas, evaluate patterns and trends, analyze other relevant factors, and summarize findings to better inform and prioritize contributing factors to fair housing issues and formulate goals and actions. Specifically, the element must include: • Identification and analysis of integration and segregation on protected characteristics, including race, disability, familial status, and income. Identification and analysis must also fully address disproportionate housing needs, including overpayment, overcrowding and substandard housing and access to opportunities for persons with disabilities. • For all analysis categories (e.g., fair housing enforcement, segregation, and integration, racially and ethnically concentrated areas of poverty, disparities in access to opportunities and disproportionate housing needs), discuss patterns and trends relative to the region. • For all analysis categories, analyze other relevant factors, including demographic trends relative to the region, and any other relevant policy or program areas. The City must also consider relativity to the region as well as other relevant factors and address a summary of fair housing issues based on the outcomes of a complete analysis. • The element must analyze whether sites are located throughout the community to affirmatively further fair housing. For example, the element should analyze identified sites relative to access to opportunity segregation and integration, racially and ethnically concentrated areas of poverty and affluence and displacement risk. The element should also discuss whether the identified sites serve the purpose of replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity. • The element must list and prioritize contributing factors to fair housing issues. Contributing factors create, contribute to, perpetuate, or increase the severity of fair housing issues and are fundamental to adequate goals and actions. Examples include community opposition to affordable housing, housing discrimination, land use and zoning laws, lack of regional cooperation, location and type or lack of affordable housing and lack of public or private investment in areas of opportunity or affordable housing choices. • Goals and actions must significantly seek to overcome contributing factors to fair housing issues. These actions are not limited to the regional housing need. For example, the element may need to consider zoning or land use changes regardless of the regional housing need allocation (RHNA). The element must add, and revise programs based on a complete analysis and listing and prioritization of contributing factors to fair housing issues. 6.1.f Packet Pg. 209 HCD’s Review of Diamond Bar’s 6th Cycle Housing Element Draft Page 3 June 7, 2021 For further information about AFFH requirements, please refer to HCD’s Affirmatively Further Fair Housing guidance memo. 2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).) Population and employment trends are important to understanding the diversity of the City’s residents and economic growth patterns in the City. This data is integral in determine housing needs at various levels and aids in determining actions and programs the City can implement to address various issues. Additionally, race and ethnicity are important in addressing the City’s AFFH obligations. The draft element provides data on the City’s population trends but should also provide data or analysis on race and ethnicity. 3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) The draft element includes data on household characteristics, level of payments compared to ability to pay, overcrowding, and general housing stock condition. However, data for extremely low-income (ELI) households does not consider tenure as seen in Table 9-4, nor does the analysis provide information on potential housing problems and specific housing needs of this economic group. These analyses are vital to determining the needs of all households, including ELI, so that the City can address any deficiencies and implement actions and programs that address their needs. 4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) The City has a (RHNA) of 2,521 housing units, of which 1,281 are for lower-income households. To address this need, the element relies on nonvacant and underutilized sites in the newly designated Town Center, Neighborhood Mixed-use, and Transit-Oriented Mixed-Use Focus Areas. All sites listed for all income ranges in the sites inventory need rezoning consistent with the newly revised general plan. Additionally, over fifty percent of the sites are being used to accommodate the City’s lower-income RHNA, which requires additional analysis. To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include complete analyses of the following: Sites Inventory: While the sites inventory lists the address, APN, existing zoning, parcel size, allowable density, whether or not the sites are publicly owned, income categories, and estimated total units, it must also identify the site’s general plan designations and provide a more detailed description of the existing uses of the 6.1.f Packet Pg. 210 HCD’s Review of Diamond Bar’s 6th Cycle Housing Element Draft Page 4 June 7, 2021 nonvacant sites beyond a general description of “commercial”. For additional information, see the Building Blocks at http://www.hcd.ca.gov/community- development/building-blocks/site-inventory-analysis/inventory-of-land-suitable.shtml. Please note, Pursuant to SB 6 (Chapter 667, Statutes of 2019), for a housing element or amendment adopted on or after January 1, 2021, the planning agency shall submit to HCD an electronic copy of its inventory of these parcels using standards, forms, and definitions adopted by HCD. For further information, refer to HCD’s Housing Element Site Inventory Guidebook. Map of Sites: While the element has general land use map (figure B-1), the map must identify the location of the sites within the sites inventory. Realistic Capacity: The element does not fully analyze the City’s methodology for calculating realistic capacity for sites listed in the sites inventory. For sites zoned for nonresidential uses, e.g. commercial and mixed-use zones, the element must describe how the estimated number of residential units for each site was determined. To demonstrate the likelihood for residential development in nonresidential zones, the element could describe any performance standards mandating a specified portion of residential and any factors increasing the potential for residential development such as incentives for residential use, and residential development trends in the same nonresidential zoning districts. For additional information, see the Building Blocks at http://www.hcd.ca.gov/community- development/building-blocks/site-inventory-analysis/analysis-of-sites-and- zoning.shtml#analysis. Suitability of Nonvacant Sites: Appendix B, Methodology for the Sites Inventory Analysis, offers high-level analysis of the Town Center, Neighborhood Mixed Use, and Transit-oriented Mixed-Use focus areas. However, the element must include an analysis to demonstrate the potential for redevelopment. The analysis shall consider factors including, but not limited to, the extent existing uses constitute an impediment, recent developments, development trends and market conditions. In addition, as the element appears to rely on nonvacant sites to accommodate 50 percent or more of the housing needs for lower-income households, this triggers requirements to make findings based on substantial evidence that the existing use is not an impediment and will likely discontinue in the planning period. For additional information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/site-inventory- analysis/analysis-of-sites-and-zoning.shtml#analysis. Second Units: The element incorrectly calculates accessory dwelling unit (ADU) potential for the planning period by considering a rate of 8 ADUs per year based on the most recent (2020) production. Specifically, in addition to other methods, HCD accepts the use of trends in ADU construction since January 2018 to estimate new production. Based on past production between 2018 to 2020, the City is averaging 5 units per year. The City can increase this estimate if it includes addition analysis that includes information such as how community needs and demand are likely to increase production and include programs that aggressively promote and incentivize ADU construction. 6.1.f Packet Pg. 211 HCD’s Review of Diamond Bar’s 6th Cycle Housing Element Draft Page 5 June 7, 2021 Infrastructure: While the element describes water and sewer infrastructure, it must also demonstrate sufficient existing or planned dry utilities supply capacity, including the availability and access to distribution facilities to accommodate the City’s regional housing need for the planning period (Gov. Code, § 65583.2, subd. (b).). For additional information, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/site-inventory- analysis/analysis-of-sites-and-zoning.shtml#environmental. Water Sewer Priority: The element does not address water and sewer priority. For your information, water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower-income households. (Gov. Code, § 65589.7.) Local governments are required to immediately deliver the housing element to water and sewer service providers. HCD recommends including a cover memo describing the City’s housing element, including the City’s housing needs and regional housing need. For additional information and sample cover memo, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/other- requirements/priority-for-water-sewer.shtml. 5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone (Gov. Code, § 65583, subd. (a)(5)). Land Use Controls: While the element lists parking requirements at 2 spaces per unit for multifamily uses, it must also analyze the requirements as a potential constraint on the cost and supply of housing and ability to achieve maximum densities. The City must address whether it has complied with new transparency laws requiring all zoning and development standards for each parcel to be provided on the jurisdiction’s website (Gov. Code 65940.1 (a)(1)(B)). Fees and Exactions: The element must describe all required fees for single family and multifamily housing development, including impact fees, and analyze their impact as potential constraints on housing supply and affordability. For example, the analysis could identify the total amount of fees and their proportion to the development costs for both single family and multifamily housing. The element lists 6.1.f Packet Pg. 212 HCD’s Review of Diamond Bar’s 6th Cycle Housing Element Draft Page 6 June 7, 2021 the basic fees and exactions for development projects across the board. However, it should also demonstrate typical costs for Multifamily and Single-Family Residence construction. Additionally, the element should also address whether the City has complied with the new transparency laws requiring fees and inclusionary requirements to be provided on a jurisdiction’s website (GC 65940.1(a)(1)(A)). For additional information and a sample analysis and tables, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/constraints/fees-and- exactions.shtml. Local Processing and Permit Procedures: The element provides a general overview of the City’s processing and permit procedures. However, the element should provide average processing times for single-family and multifamily developments. The element also acknowledges that single-family residences and multifamily developments are permitted by-right in their respective zones but require “Development Review” (page 9-41). In addition, according to the City’s website, Diamond Bar has adopted design guidelines. The element must describe and analyze the development application process and design review requirements including approval procedures and decision-making criteria for their impact as potential constraints on housing supply and affordability. For example, the analysis could describe required findings and discuss whether objective standards and guidelines improve development certainty and mitigate cost impacts. The element must demonstrate this process is not a constraint and include a program to address this permitting requirement, as appropriate. Persons with Disabilities: While the element briefly describes its reasonable accommodation procedures, it should further explain its reasonable accommodation criteria and process. In addition, the element must analyze its conditional use permit process for residential care facilities for seven or more persons as a potential barrier to housing for persons with disabilities and include programs as necessary to address this constraint. For additional information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/community-development/building- blocks/constraints/constraints-for-people-with-disabilities.shtml. Codes and Code Enforcement: While the element states that the City building codes are based upon the California Building, Plumbing, Mechanical and Electrical Codes, it must also describe its code enforcement processes and procedures. For additional information and a sample analysis, see the Building Blocks at https://www.hcd.ca.gov/community-development/building-blocks/constraints/codes- and-enforcement-on-offsite-improvement-standards.shtml. 6. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts 6.1.f Packet Pg. 213 HCD’s Review of Diamond Bar’s 6th Cycle Housing Element Draft Page 7 June 7, 2021 to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6)). Price of land, Cost of Construction, and Availability of Financing: While, the element includes a high-level analysis of availability of financing, the price of land, the cost of construction, it should be revised to analyze quantifiable cost data and its impact on the supply of housing. Requests for Lower Density, Permit Times, and Efforts to Address Non- Governmental Constraints: The element must include analysis regarding local efforts to address non-governmental constraints that create a gap in the jurisdiction’s ability to meet RHNA by income category, an identification and analysis of requests to develop at densities below the density identified in the site inventory, and a description of the length of time between project approval and request for building permit that hinders the jurisdiction’s ability to accommodate RHNA by income category. For example, the City can look at recent developments in the jurisdiction and identify any non-governmental constraints. 7. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).) Elderly: While the element provides some data on elderly households by income and tenure and list programs amenable to this category of special needs, it should also include an analysis of potential housing problems and unmet needs to better target programs to address housing needs. Persons with Disabilities including Developmental Disabilities: While the element provides some data for persons with disabilities by type and age and list programs, it should also include an analysis of potential housing problems and unmet needs to better target programs to address housing needs. C. Housing Programs 1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) To address the program requirements of Gov. Code section 65583, subd. (c)(1-6), and to facilitate implementation, all programs should be revised to include: (1) a 6.1.f Packet Pg. 214 HCD’s Review of Diamond Bar’s 6th Cycle Housing Element Draft Page 8 June 7, 2021 description of the City’s specific role in implementation; (2) definitive implementation timelines (e.g., December 31, 2021); (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials (e.g., Planning Assistant, Community Development, etc.). In addition, the following programs required additional revisions. Program H-1, Residential Neighborhood Improvement Program: Program H-1 quantifies how many eligible homes the City is targeting to assist, which is 5-6, but should be revised to clarify if that will be over the 8-year period or annually. Program H-2, Home Improvement Program: Program H-2 speaks to the use of CDBG funds the City uses for the program but does not address the City’s specific role in administration or identify responsible agencies and officials. Program H-3, Section 8 Rental Assistance Program: Programs should describe the City’s specific role in implementation and identify responsible agencies and officials. Program H-3 states that the Home improvement program utilizes CDBG funds, but it does not address the City’s specific role in implementation. 2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing (Gov. Code, § 65583, subd. (c)(1)). As noted in the Finding B4, the element does not include a complete sites inventory or analysis; as a result, the adequacy of sites and zoning has not been established. Based on the results of a complete sites inventory and analysis, programs may need to be added, or revised, to address a shortfall of sites and zoning for a variety of housing types. The element identifies sites in the Town Center, Neighborhood Mixed Use, and Transit-Oriented Mixed-Use Focus Areas which, while identified in the 2019 General plan, still require zoning and development code updates to be available to for housing development. This represents a shortfall of sites to accommodate the City’s share of the regional housing need. While the element includes Program H-8 to complete the amendments to the development code within three years of housing element adoption, the program must be amended to demonstrate a commitment to accommodate 100 percent of the shortfall of sites necessary to accommodate the remaining housing need for housing for very low- and low-income households during the planning period and include the following components: 6.1.f Packet Pg. 215 HCD’s Review of Diamond Bar’s 6th Cycle Housing Element Draft Page 9 June 7, 2021 • Permit owner-occupied and rental multifamily uses by right for developments in which 20 percent or more of the units are affordable to lower income households. By right means local government review must not require a conditional use permit, planned unit development permit, or other discretionary review or approval. • Permit the development of at least 16 units per site. • Require a minimum density of 20 units per acre; and • Ensure a) at least 50 percent of the shortfall of low- and very low-income regional housing need can be accommodated on sites designated for exclusively residential uses, or b) if accommodating more than 50 percent of the low- and very low-income regional housing need on sites designated for mixed-uses, all sites designated for mixed-uses must allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project. 3. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).) Program H-7, Senior and Workforce Housing Development, encourages the development of senior and workforce housing, including very-low (VL) and extremely low-income (ELI) persons. However, this program alone is insufficient in encouraging and facilitating the development of housing for ELI and VL income categories. The element must include a program(s) with specific actions and timelines to assist in the development of housing for extremely low-, very low-, low-, and moderate-income households. The program(s) could commit the City to adopting priority processing, granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to lower and moderate-income households; assisting, supporting or pursuing funding applications; and working with housing developers coordinate and implement a strategy for developing housing affordable to lower and moderate-income households. For additional information, see the Building Blocks at http://www.hcd.ca.gov/community-development/building- blocks/program-requirements/assist-in-development-housing.shtml and for financial assistance programs, see HCD’s website at http://www.hcd.ca.gov/fa/LG_program_directory.pdf. 4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding(s) B5 and B6, the element requires a complete analysis of potential governmental and non-governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. 6.1.f Packet Pg. 216 HCD’s Review of Diamond Bar’s 6th Cycle Housing Element Draft Page 10 June 7, 2021 5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding B1, the element must include a complete analysis of affirmatively furthering fair housing. Based on the outcome of that analysis, the element must add or modify programs. Additionally, programs and actions need to be significant, meaningful, and sufficient to overcome identified patterns of segregation and affirmatively further fair housing. D. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort. (Gov. Code, § 65583, subd. (c)(8).) While the element includes a general summary of the public participation process (page 9-80, Appendix C), it must also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. For example, according to the American Communities Data, the City is made up of multiple ethnic groups. The element could describe how these groups were reached and if materials and meetings were offered in multiple languages. For your information, some general plan element updates are triggered by housing element adoption. For example, a jurisdiction must address environmental justice in its general plan by the adoption of an environmental justice element, or by the integration of environmental justice goals, policies, and objectives into other general plan elements upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018. (Gov. Code, § 65302, subd. (h).) In addition, the safety and conservation elements of the general plan must include analysis and policies regarding fire and flood hazard management and be revised upon each housing element revision. (Gov. Code, § 65302, subd. (g).) Also, the land-use element must identify and analyze disadvantaged communities (unincorporated island or fringe communities within spheres of influence areas or isolated long-established legacy communities) on, or before, the housing element’s adoption due date. (Gov. Code, § 65302.10, subd. (b).) HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at: http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and http://opr.ca.gov/docs/Final_6.26.15.pdf. 6.1.f Packet Pg. 217 1 9.0 HOUSING ELEMENT 2021 -2029 REVISED DRAFT (redline) November 2021 9.0 6.1.g Packet Pg. 218 6.1.g Packet Pg. 219 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-iii 9.0 Contents 9.1 Introduction ...................................................................................................................... 9-1 Community Context .............................................................................................................. 9-1 Role of Housing Element ....................................................................................................... 9-1 Public Participation ................................................................................................................ 9-3 Relationship to Other General Plan Elements .................................................................... 9-3 9.2 Housing Needs Assessment ............................................................................................ 9-4 Population Characteristics .................................................................................................... 9-4 Household Characteristics .................................................................................................... 9-5 Employment .......................................................................................................................... 9-11 Housing Stock Characteristics ............................................................................................ 9-13 Special Needs....................................................................................................................... 9-16 Assisted Housing at Risk of Conversion .............................................................................. 9-23 Future Growth Needs........................................................................................................... 9-24 9.3 Resources and Opportunities ....................................................................................... 9-26 Land Resources .................................................................................................................... 9-26 Financial and Administrative Resources ........................................................................... 9-26 Energy Conservation Opportunities ................................................................................... 9-29 9.4 Constraints ...................................................................................................................... 9-31 Governmental Constraints .................................................................................................. 9-31 Development Processing Procedures ............................................................................... 9-43 Non-Governmental Constraints ......................................................................................... 9-49 Affirmatively Furthering Fair Housing .................................................................................. 9-51 9.5 Housing Action Plan ...................................................................................................... 9-62 Goals and Policies ................................................................................................................ 9-62 Housing Programs ................................................................................................................ 9-64 Appendix A – Evaluation of the Prior Housing Element Appendix B – Residential Sites Inventory Appendix C – Public Participation Summary 6.1.g Packet Pg. 220 9-iv HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 List of Tables Table 9-1 : Population Trends, 2000-2020, Diamond Bar vs. SCAG Region ............................... 9-4 Table 9-2 : Population by Age and Sex, Diamond Bar ................................................................ 9-5 Table 9-3 : Overcrowding by Tenure, Diamond Bar and SCAG Region ................................... 9-5 Table 9-4 : Extremely-Low-Income Households, Diamond Bar ................................................... 9-7 Table 9-5 : Income Categories and Affordable Housing Costs, Los Angeles County ............. 9-8 Table 9-6 : Percentage of Income Spent on Rent, Diamond Bar .............................................. 9-8 Table 9-7 : Percentage of Income Spent on Rent by Income Category, Diamond Bar ........ 9-9 Table 9-8 : Median Home Sales Price for Existing Homes, Diamond Bar and SCAG Region .. 9-9 Table 9-9 : Monthly Mortgage Cost, Diamond Bar and SCAG Region ................................... 9-10 Table 9-10 : Monthly Mortgage Cost by Income Category, Diamond Bar ............................ 9-10 Table 9-11 : Overpayment by Tenure and Income Category, Diamond Bar ........................ 9-11 Table 9-12 : Employment by Industry, Diamond Bar .................................................................. 9-12 Table 9-13 : Employment by Occupation – Diamond Bar vs. SCAG Region ......................... 9-13 Table 9-14 : Housing by Type, Diamond Bar and SCAG Region .............................................. 9-14 Table 9-15 : Housing by Tenure, Diamond Bar and SCAG Region........................................... 9-14 Table 9-16 : Housing Tenure by Age of Householder, Diamond Bar ........................................ 9-14 Table 9-17 : Vacant Units by Type, Diamond Bar and SCAG Region ...................................... 9-15 Table 9-18 : Age of Housing Stock, Diamond Bar and SCAG Region ..................................... 9-15 Table 9-19 : Disabilities by Type, Diamond Bar ........................................................................... 9-16 Table 9-20 : Disabilities by Type for Seniors 65+, Diamond Bar and SCAG Region ................ 9-17 Table 9-21 : Developmental Disabilities by Residence and Age, Diamond Bar .................... 9-18 Table 9-22 : Elderly Households by Income and Tenure, Diamond Bar................................... 9-20 Table 9-23 : Household Size by Tenure, Diamond Bar ............................................................... 9-21 Table 9-24 : Household Type by Tenure, Diamond Bar.............................................................. 9-22 Table 9-25 : Poverty Status for Female-Headed Households, Diamond Bar ........................... 9-22 Table 9-26 : Employment in the Agricultural Industry, Diamond Bar........................................ 9-23 Table 9-27 : 2021-2029 Regional Housing Growth Needs, Diamond Bar ................................. 9-24 Table 9-28 : Land Use Categories, Diamond Bar 2040 General Plan ...................................... 9-32 Table 9-29 : Residential Development Standards ...................................................................... 9-35 Table 9-30 : Permitted Residential Development by Zoning District ........................................ 9-35 Table 9-31 : Residential Parking Requirements ........................................................................... 9-42 Table 9-32 : Review Authority for Residential Development ..................................................... 9-44 Table 9-33 : Planning and Development Fees ........................................................................... 9-48 Table 9-34 : Road Improvement Standards ................................................................................ 9-49 Table 9-35 : Quantified Objectives 2021-2029, Diamond Bar ................................................... 9-75 List of Figures Figure 9-1 Regional Location, Diamond Bar ............................................................................. 9-2 Figure 9-2 Seismic Hazard Zones ............................................................................................... 9-57 Figure 9-3 Fire Hazard Zones ...................................................................................................... 9-58 Figure 9-4 Racial Demographics .............................................................................................. 9-59 Figure 9-5 Poverty Status ............................................................................................................ 9-59 Figure 9-6 Racially or Ethnically Concentrated Areas of Poverty ......................................... 9-60 Figure 9-7 Disability Status .......................................................................................................... 9-61 Figure 9-8 TCAC/HCD Opportunity Map ................................................................................. 9-61 6.1.g Packet Pg. 221 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-1 9.0 9.1 INTRODUCTION COMMUNITY CONTEXT Diamond Bar is a scenic community located in the San Gabriel Valley on the eastern edge of Los Angeles County, within minutes of Orange, Riverside, and San Bernardino counties. With its origin as a center for ranching perched among a landscape of rolling hills in the East San Gabriel Valley, suburban-style growth later established Diamond Bar as a residential community known for its friendly country-living atmosphere, abundant open spaces, exceptional public facilities, well-maintained parks and hiking trails, and excellent schools. With convenient access to State Route 57 (SR-57) and SR-60, Diamond Bar is within 30 miles driving distance of the cities of Los Angeles, Riverside, and Irvine, making it a desirable part of the region to live and work. Diamond Bar is bounded by the cities of Industry and Pomona to the north and Chino Hills to the east, and unincorporated Los Angeles County to the south and west. The western edge of the city lies at the intersection of SR-57 and SR-60, with SR-57 connecting the city to Interstate 10 (I-10) 1½ miles to the north and SR-60 connecting to SR-71 roughly 2 miles to the east. The Industry Metrolink Station lies on Diamond Bar’s northern border with the City of Industry, providing east- west transit connections to Los Angeles and Riverside. The regional setting is depicted in Figure 9-1. Most of the easily buildable land in the City has already been developed, and much of the remaining land has a variety of geotechnical and topo- graphic conditions that may constrain future development. As a result, a significant portion of future residential growth in Diamond Bar is expected to occur through redevelopment of commercial or light industrial properties, particularly those designated for mixed- use development in the 2019 comprehensive 2040 General Plan update. R OLE OF HOUSING ELEMENT Diamond Bar is faced with various important housing issues that include a balance between employment and housing opportunities, a match between the supply of and demand for housing, preserving and enhancing affordability for all segments of the population, preserving the quality of the housing stock, and providing new types of housing necessary to accommodate growth and the changing population. This Housing Element provides policies and programs to address these issues. Diamond Bar's Housing Element is an 8-year plan for the period 2021-2029, unlike other General Plan elements which typically cover a 10- to 20-year planning horizon. 6.1.g Packet Pg. 222 9-2 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-1 Regional Location, Diamond Bar 6.1.g Packet Pg. 223 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-3 9.0 The Diamond Bar Housing Element consists of the following major components: • This Introduction to the Housing Element • An analysis of the City's demographic and housing characteristics and trends (Section 9.2) • An evaluation of resources and opportunities available to address housing issues (Section 9.3) • A review of potential market, governmental, and environmental constraints to meeting the City’s identified housing needs (Section 9.4) • The Housing Action Plan for the 2021-2029 planning period (Section 9.5) • A review of the City’s accomplish- ments during the previous planning period (Appendix A) • A detailed inventory of the suitable sites for housing development (Appendix B); and • A description of opportunities for stakeholders to participate in the preparation of the Housing Element (Appendix C) PUBLIC PARTICIPATION Residents, businesses and interest groups were provided the opportunity to participate in the Housing Element update process and were an important component of the overall program. Details regarding opportunities for public involvement during the preparation and adoption of this Housing Element are provided in Appendix C. RELATIONSHIP T O OTHER GENERAL PLAN ELEMENTS In addition to the Housing Element, the City of Diamond Bar General Plan consists of the following Chapters: • Land Use & Economic Development • Community Character & Placemaking • Circulation • Resource Conservation • Public Facilities & Services • Public Safety • Community Health & Sustainability This Housing Element builds upon and is consistent with the other General Plan chapters. For example, residential land use designations established in the Land Use Element and potential constraints described in the Resource Conservation and Public Facilities and Services elements are reflected in the Housing Element sites inventory (Appendix B). As the General Plan is amended from time to time, the Housing Element will be reviewed for consistency, and amended as necessary to maintain an internally consistent General Plan. 6.1.g Packet Pg. 224 9-4 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 9.2 HOUSING NEEDS ASSESSMENT This section examines Diamond Bar’s general population and household characteristics and trends, such as age, employment, household composition and size, household income, and special needs. Characteristics of the existing housing stock (e.g., number of units and type, tenure, age and condition, costs) are also addressed. Finally, the City’s projected housing needs based on the 2021-2029 Regional Housing Needs Assessment (RHNA) are examined. The data presented in this section has been compiled by the Southern California Association of Governments (SCAG) based upon recent data from the U.S. Census, California Department of Finance (DOF), California Employment Development Department (EDD) and other relevant sources and has been pre-approved by the California Department of Housing and Community Development (HCD). POPULATION CHARACTERISTICS Population Growth Trends Diamond Bar was incorporated in 1989 with much of its territory already developed. From 2000 to 2020 the City’s population increased from 56,287 to an estimated population of 57,177 (see Table 9-1), an annual growth rate of 0.1% compared to 0.7% for the SCAG region as a whole. Table 9-1: Population Trends, 2000-2020, Diamond Bar vs. SCAG Region Age Housing needs are influenced by the age characteristics of the population. Different age groups require different accommodations based on lifestyle, family type, income level, and housing preference. Table 9-2 provides a comparison of the City’s population by age group. The population of Diamond Bar is 49.1% male and 50.9% female. The share of the population of Diamond Bar below 18 years of age is 20.3%, which is lower than the regional share of 23.4%. Diamond Bar's seniors (65 and above) make up 15.6% of the population, which is higher than the regional share of 13%. 6.1.g Packet Pg. 225 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-5 9.0 Table 9-2: Population by Age and Sex, Diamond Bar HOUSEHOLD CHARACTERISTICS Overcrowding Overcrowding is often closely related to household income and the cost of housing. The U.S. Census Bureau considers a household to be over- crowded when there is more than one person per room, excluding bathrooms and kitchens, and severely overcrowded when there are more than 1.5 occupants per room. Table 9-3 summarizes the incidence of over- crowding for Diamond Bar as compared to the SCAG region as a whole. Table 9-3: Overcrowding by Tenure, Diamond Bar and SCAG Region According to recent Census data overcrowding was more prevalent among renters than for owner- occupied units. Approximately 10.9% of the City’s renter-occupied households were overcrowded compared to 2.4% of owner-occupied households. The incidence of over- crowding in Diamond Bar was substantially lower than is typical for the SCAG region as a whole. Many of the policies and programs described in Section 9.5 - Housing Action Plan will help to address the problem of overcrowding, particularly Program H-3 (Section 8 Rental Assistance), Program 6.1.g Packet Pg. 226 9-6 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H- 12 (Affordable Housing Incentives/Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing). 6.1.g Packet Pg. 227 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-7 9.0 Household Income Household income is a primary factor affecting housing needs in a community, particularly for extremely- low-income households, defined as 30% of median income or less. According to recent Census data, approximately 7.9% of households in Diamond Bar were within the extremely-low-income (ELI) category, and renters were much more likely than owners to fall within the ELI category (Table 9-4). Table 9-4: Extremely-Low-Income Households, Diamond Bar Housing Affordability and Overpayment Housing Affordability Criteria State law establishes five income categories for purposes of housing programs based on the area (i.e., county) median income (AMI): extremely-low (30% or less of AMI), very- low (31-50% of AMI), low (51-80% of AMI), moderate (81-120% of AMI) and above moderate (over 120% of AMI). Housing affordability is based on the relationship between household income and housing expenses. According to the U.S. Department of Housing and Urban Development (HUD) and the California Department of Housing and Community Development (HCD), housing is considered “affordable” if monthly housing cost is no more than 30% of a household’s gross income. In some areas such as Los Angeles County, these income limits may be increased to adjust for high housing costs. Table 9-5 shows affordable rent levels and estimated affordable purchase prices for housing in Diamond Bar (and Los Angeles County) by income category. Based on State-adopted standards for a 4-person family, the maximum affordable monthly rent for extremely-low-income households is $845, while the maximum affordable rent for very-low-income households is $1,407. The maximum affordable rent for low-income households is $2,252, while the maximum for moderate- income households is $2,319. Maximum purchase prices are more difficult to determine due to variations in mortgage interest rates and qualifying procedures, down payments, special tax assessments, homeowner 6.1.g Packet Pg. 228 9-8 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 association fees, property insurance rates, etc. With this caveat, the maximum affordable home purchase price for moderate-income households has been estimated based on typical conditions. Affordable prices have not been estimated for the lower-income categories because most for-sale affordable housing is provided at the moderate-income level. Table 9-5: Income Categories and Affordable Housing Costs, Los Angeles County 2020 County Median Income = $77,300 Income Limits* Affordable Rent Affordable Price (est.) Extremely Low (<30%) $33,800 $845 * Very Low (31-50%) $56,300 $1,407 * Low (51-80%) $90,100 $2,252 * Moderate (81-120%) $92,750 $2,319 $375,000 Above moderate (120%+) Over $92,750 Over $2,319 Over $375,000 Assumptions: -Based on a family of 4 and 2020 State income limits -30% of gross income for rent or principal, interest, taxes & insurance plus utility allowance -10% down payment, 3.75% interest, 1.25% taxes & insurance, $300 HOA dues * Because of State adjustments in high housing cost areas, some of these income limits are higher than the percentages of median income Source: Cal. HCD; JHD Planning LLC Rental Ho using Across Diamond Bar's 4,263 renter households, 2,131 (50%) spend 30% or more of gross income on housing cost, compared to 55.3% in the SCAG region.1 Additionally, 1,360 renter households in Diamond Bar (31.9%) spend 50% or more of gross income on housing cost, compared to 28.9% in the SCAG region (Table 9-6). Table 9-6: Percentage of Income Spent on Rent, Diamond Bar Recent Census data also allows for the analysis of Diamond Bar's 3,893 renter households (for which income data are available) by spending on rent by income bracket. As one might expect, the general trend is that low-income 1 The SCAG region includes Los Angeles, Orange, Riverside, San Bernardino, Imperial and Ventura counties. households spend a higher share of income on housing (often more than 50%) while high-income households are more likely to spend under 20% of income on housing (Table 9-7). 6.1.g Packet Pg. 229 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-9 9.0 Table 9-7: Percentage of Income Spent on Rent by Income Category, Diamond Bar For -Sale Housing Median sales price trends for existing homes during 2000-2018 are shown in Table 9-8. Between 2000 and 2018, median home sales prices in Diamond Bar increased 186% while prices in the SCAG region increased 151%. 2018 median home sales prices in Diamond Bar were $660,000. Prices in Diamond Bar have ranged from a low of 98.5% of the SCAG region median in 2005 and a high of 150.2% in 2009. Table 9-8: Median Home Sales Price for Existing Homes, Diamond Bar and SCAG Region 6.1.g Packet Pg. 230 9-10 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table 9-9 compares typical monthly mortgage costs in Diamond Bar to the SCAG region as a whole while Table 9-10 confirms that the percentage of income spent on mortgage payments is higher for households at the lower income levels. Table 9-9: Monthly Mortgage Cost, Diamond Bar and SCAG Region Table 9-10: Monthly Mortgage Cost by Income Category, Diamond Bar According to State housing policy, overpaying occurs when housing costs exceed 30% of gross household income. Table 9-11 displays recent estimates for overpayment by tenure and income category for Diamond Bar residents and shows that overpayment is much more frequent for households at the extremely-low and very-low income levels than those households in higher income categories. Many of the policies and programs described in Section 9.5 - Housing Action Plan will help to address the problem of overpayment, including Program H-3 (Section 8 Rental Assistance), Program H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H- 6.1.g Packet Pg. 231 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-11 9.0 12 (Affordable Housing Incentives/ Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing). Table 9-11: Overpayment by Tenure and Income Category, Diamond Bar EMPLOYMENT Employment is an important factor affecting housing needs within a community. The jobs available in each employment sector and the wages for these jobs affect the type and size of housing residents can afford. According to recent Census data, Diamond Bar had 27,198 workers living within its borders who work across 13 major industrial sectors (Table 9-12). The most prevalent industry is Education & Social Services with 6,726 employees (24.7% of total) and the second most prevalent industry is Professional 6.1.g Packet Pg. 232 9-12 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Services with 3,894 employees (14.3% of total). Table 9-12: Employment by Industry, Diamond Bar 6.1.g Packet Pg. 233 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-13 9.0 In addition to understanding the industries in which the residents of Diamond Bar work, it is also possible to analyze the types of jobs they hold. The most prevalent occupational category in Diamond Bar is Management, in which 14,448 (53.1% of total) employees work. The second-most prevalent type of work is in Sales, which employs 7,228 (26.6% of total) in Diamond Bar (Table 9-13). Table 9-13: Employment by Occupation – Diamond Bar vs. SCAG Region HOUSING STOCK CHARACTERISTICS This section presents an evaluation of the characteristics of the community’s housing stock and helps in identifying and prioritizing needs. The factors evaluated include the number and type of housing units, tenure, vacancy, housing age and condition. A housing unit is defined as a house, apartment, mobile home, or group of rooms, occupied as separate living quarters, or if vacant, intended for occupancy as separate living quarters. Housing Type and Tenure Diamond Bar's housing stock contained a total of approximately 17,645 total units in 2020, of which about 72% were single-family detached homes (Table 9- 14). As seen in Table 9-15, over three- quarters of homes in Diamond Bar were owner-occupied as compared to only about 52% in the SCAG region). 6.1.g Packet Pg. 234 9-14 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table 9-14: Housing by Type, Diamond Bar and SCAG Region Table 9-15: Housing by Tenure, Diamond Bar and SCAG Region In many places, housing tenure varies substantially based on the age of the householder. In Diamond Bar, the age group where renters outnumber owners the most is 15-24. The age group where owners outnumber renters the most is 65-74 (Table 9-16). Table 9-16: Housing Tenure by Age of Householder, Diamond Bar 6.1.g Packet Pg. 235 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-15 9.0 Table 9-17 shows recent data for vacant units in Diamond Bar and the SCAG region. The largest categories of vacant units in Diamond Bar were units for rent and units held for seasonal use. Table 9-17: Vacant Units by Type, Diamond Bar and SCAG Region Housing Age and Conditions Housing age is often an important indicator of housing condition. Housing units built prior to 1978 before stringent limits on the amount of lead in paint were imposed may have interior or exterior building components coated with lead-based paint. Housing units built before 1970 are the most likely to need rehabilitation and to have lead- based paint in a deteriorated condition. Lead-based paint becomes hazardous to children under age six and to pregnant women when it peels off walls or is pulverized by windows and doors opening and closing. Table 9-18 shows the age distribution of the housing stock in Diamond Bar compared to the SCAG region as a whole. This table shows that about half of housing units in Diamond Bar were constructed before 1980. These findings suggest that there may be a need for maintenance and rehabilitation, including remediation of lead-based paint, for a substantial number of housing units. Table 9-18: Age of Housing Stock, Diamond Bar and SCAG Region 6.1.g Packet Pg. 236 9-16 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 The majority of Diamond Bar's housing stock is in good to excellent condition. However, some housing units in older neighborhoods exhibit signs of deferred maintenance such as peeling paint, worn roofs, and cracked asphalt driveways. The Housing Action Plan (Section 9.5) establishes a program directed at improving housing stock in these areas through targeted rehabilitation assistance. Fewer than 100 units are estimated to need rehabilitation citywide, and no units require replacement. SPECIAL NEEDS Certain groups have greater difficulty in finding decent, affordable housing due to special circumstances. Such circumstances may be related to one’s employment and income, family characteristics, disability, or other conditions. As a result, some Diamond Bar residents may experience a higher prevalence of overpayment, over- crowding, or other housing problems. State Housing Element law defines “special needs” groups to include persons with disabilities, the elderly, large households, female-headed households with children, homeless people, and farm workers. This section contains a discussion of the housing needs facing each of these groups. Persons with Disabilities According to recent Census estimates, the most prevalent types of disabilities for Diamond Bar residents were ambulatory, independent living and cognitive disabilities (see Table 9-19). Housing opportunities for those with disabilities can be maximized through housing assistance programs, and providing universal design features such as widened doorways, ramps, lowered countertops, single-level units and ground floor units, supportive housing, residential care facilities and assisted living facilities. Table 9-19: Disabilities by Type, Diamond Bar 6.1.g Packet Pg. 237 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-17 9.0 In Diamond Bar, the most commonly occurring disability among seniors 65 and older was an ambulatory disability, experienced by 17.4% of Diamond Bar's seniors and 22.9% of seniors in the SCAG region (Table 9-20). Section 9.5 - Housing Action Plan addresses the needs of persons with disabilities through Program H-11 (Emergency Shelters, Low Barrier Navigation Centers and Transitional/Supportive Housing), Program H-14 (Affirmatively Furthering Fair Housing) and Program H-15 (Reasonable Accommodation for Persons with Disabilities). Table 9-20: Disabilities by Type for Seniors 65+, Diamond Bar and SCAG Region Developmental Disab ilities As defined by federal law, “developmental disability” means a severe, chronic disability of an individual that: • Is attributable to a mental or physical impairment or combination of mental and physical impairments; • Is manifested before the individual attains age 22; • Is likely to continue indefinitely; • Results in substantial functional limitations in three or more of the following areas of major life activity: a) self-care; b) receptive and expressive language; c) learning; d) mobility; e) self- direction; f) capacity for independent living; or g) economic self-sufficiency; and • Reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. The Census does not record develop- mental disabilities as a separate category of disability. According to the U.S. Administration on Developmental Disabilities, an accepted estimate of the percentage of the population that can be defined as developmentally disabled is 1.5 percent. Many develop- mentally disabled persons can live and work independently within a conven- tional housing environment. More severely disabled individuals require a group living environment where supervision is provided. The most severely affected individuals may require an institutional environment 6.1.g Packet Pg. 238 9-18 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 where medical attention and physical therapy are provided. Because developmental disabilities exist before adulthood, the first issue in supportive housing for the developmentally disabled is the transition from the person’s living situation as a child to an appropriate level of independence as an adult. Table 9-21: Developmental Disabilities by Residence and Age, Diamond Bar The California Department of Developmental Services (DDS) currently provides community-based services to persons with developmental disabilities and their families through a statewide system of 21 regional centers, four developmental centers, and two community-based facilities. The San Gabriel/Pomona Regional Center (SG/PRC) located in Pomona (http://www.sgprc.org/) provides services to approximately 925 people with developmental disabilities in Diamond Bar (Table 9-21). The SG/PRC is a private, non-profit community agency that contracts with local businesses to offer a wide range of services to individuals with develop- mental disabilities and their families. There is no charge for diagnosis and assessment for eligibility. Once eligibility is determined, most services are free regardless of age or income. There is a requirement for parents to share the cost of 24-hour out-of-home placements for children under age 18. This share depends on the parents’ ability to pay. There may also be a co- payment requirement for other selected services. Regional centers are required by law to provide services in the most cost- effective way possible. They must use all other resources, including generic resources, before using any regional center funds. A generic resource is a service provided by an agency that has a legal responsibility to provide services to the general public and receives public funds for providing those services. Some generic agencies may include the local school district, county social services department, Medi-Cal, Social Security Administra- tion, Department of Rehabilitation and others. Other resources may include natural supports. This is help that disabled persons may get from family, 6.1.g Packet Pg. 239 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-19 9.0 friends or others at little or no cost. Section 9.5 - Housing Action Plan addresses the needs of persons with developmental disabilities through Program H-11 (Emergency Shelters, Low Barrier Navigation Centers and Transitional/Supportive Housing), Program H-14 (Affirmatively Furthering Fair Housing) and Program H-15 (Reasonable Accommodation for Persons with Disabilities). 6.1.g Packet Pg. 240 9-20 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Elderly Federal housing data define a household type as “elderly family” if it consists of two persons with either or both age 62 or over. Of Diamond Bar's 3,985 such households, 13.8% earn less than 30% of the surrounding area income (compared to 24.2% in the SCAG region) and 34% earn less than 50% of the surrounding area income (compared to 30.9% in the SCAG region) (Table 9-22). Many elderly persons are dependent on fixed incomes or have disabilities. Elderly homeowners may be physically unable to maintain their homes or cope with living alone. The housing needs of this group can be addressed through smaller units, accessory dwelling units on lots with existing homes, shared living arrangements, congregate housing and housing assistance programs. Program H-7 (Senior and Workforce Housing Development) and Program H- 10 (Accessory Dwelling Units) in Section 9.3 will be helpful in addressing the housing needs of seniors. Table 9-22: Elderly Households by Income and Tenure, Diamond Bar The elderly tend to have higher rates of disabilities than younger persons; therefore, many of the programs noted in the previous section also apply to seniors since their housing needs include both affordability and accessibility. Large Households Household size is an indicator of need for large units. Large households are defined as those with five or more members. Table 9-23 illustrates the range of household sizes in Diamond Bar for owners, renters, and overall. The most commonly occurring household size is of two persons (29.2%) and the second-most commonly occurring household is of three persons (23.1%). Diamond Bar has a lower share of single-person households than the SCAG region overall (14.1% vs. 23.4%) and a lower share of 7+ person households than the SCAG region overall (1.8% vs. 3.1%). This distribution indicates that the need for large units with four or more bedrooms is expected to be significantly less than for smaller units. However, large families needing units with more bedrooms, generally face higher housing costs, and as a result may benefit from several types of assistance. Many of the 6.1.g Packet Pg. 241 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-21 9.0 policies and programs described in Section 9.5 - Housing Action Plan will help to address the needs of large families, including Program H-3 (Section 8 Rental Assistance), Program H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H- 12 (Affordable Housing Incentives/ Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing). Table 9-23: Household Size by Tenure, Diamond Bar Female-Headed Households Of Diamond Bar's 17,645 total households, 13.1% were female- headed (compared to 14.3% in the SCAG region), 4% are female-headed and with children (compared to 6.6% in the SCAG region), and 0.3% are female-headed and with children under 6 (compared to 1.0% in the SCAG region) (Table 9-24). Approxi- mately 3.9 percent of Diamond Bar's households were experiencing poverty, compared to 7.9 percent of households in the SCAG region (Table 9-25). Poverty thresholds, as defined by the ACS, vary by household type. In 2018, a single individual under 65 was considered in poverty with an income below $13,064/year while the threshold for a family consisting of 2 adults and 2 children was $25,465/year. Many of the policies and programs described in Section 9.5 - Housing Action Plan will help to address the needs of female- headed households, including Program H-3 (Section 8 Rental Assistance), Program H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H-12 (Affordable Housing Incentives/ Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing). 6.1.g Packet Pg. 242 9-22 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table 9-24: Household Type by Tenure, Diamond Bar Table 9-25: Poverty Status for Female-Headed Households, Diamond Bar Farm W orkers Farm workers are traditionally defined as persons whose primary income is from seasonal agricultural work. Diamond Bar was at one time one of the largest working cattle ranches in the western United States. However, urban development and shifts in the local economy have significantly curtailed agricultural production within Los Angeles County. Today, Diamond Bar is a mostly developed city, with a strong local economy that is no longer tied to an agricultural base. According to recent Census estimates, about 45 Diamond Bar residents were employed in agricultural, forestry, fishing and hunting, and only 12 of those were employed full-time in these industries (Table 9-26). The nearest agricultural area to Diamond Bar is in San Bernardino County to the east. Since there are no major agricultural operations within Diamond Bar and housing costs are significantly lower in the Inland Empire, there is little need for farm worker housing in the City. Many of the policies and programs described in Section 9.5 - Housing Action Plan that address other housing needs, including Program H-3 (Section 8 Rental Assistance), Program H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H- 6.1.g Packet Pg. 243 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-23 9.0 12 (Affordable Housing Incentives/ Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing) will also be beneficial to farmworkers who may reside in Diamond Bar. Table 9-26: Employment in the Agricultural Industry, Diamond Bar Homeless Persons Homelessness is a continuing problem throughout California and urban areas nationwide. A homeless count conducted by the Los Angeles Homeless Services Authority (LAHSA) in 2020 indicated that on any given day there are an estimated 63,706 homeless persons Los Angeles County. These include families that might be displaced through evictions, women and children displaced through abusive family life, persons with substance abuse problems, veterans, or persons with serious mental illness. Diamond Bar is located within the San Gabriel Valley Service Planning Area (SPA), which had a 2020 homeless estimate of 4,555 people, of which four unsheltered persons were reported in Diamond Bar.2 The City has adopted a Homelessness Response Plan that seeks to both address the needs of those who are currently unsheltered and to implement strategies that can prevent an increase in incidents of homelessness within the City. In addition, the City is a member of the San Gabriel Valley Regional Housing Trust, a joint powers authority created to finance the planning and construction of homeless housing, and extremely-low-, very-low- and low- income housing projects. Program H-11 in Section 9.3 (Emergency Shelters, Low Barrier Navigation Centers and Transitional/Supportive Housing) describes specific City actions to address the needs of the homeless. ASSISTED HOUSING AT RISK OF CONVERSION Assisted housing at risk of conversion are those housing projects that are at risk of losing their low-income affordability restrictions within the 10- year period from 2021 to 2031. According to the California Housing Partnership and City records there are 2 https://www.lahsa.org/data?id=42-2020-homeless-count-by-service-planning-area no assisted housing units in the City of Diamond Bar at risk of conversion. There is one assisted affordable project for seniors, the 149-unit Seasons Apartments (formerly “Heritage Park”). Constructed in 1988, this project predates City incorporation and was 6.1.g Packet Pg. 244 9-24 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 originally financed under the Los Angeles County Multi-family Mortgage Revenue Bond program. The project was refinanced in 1999 under the California Community Development Authority's Multifamily Housing Re- funding Bond. According to the terms of the new bond agreement, income restrictions for residents and corresponding rent limits were set for the duration of the bond which expires 12/01/2034, and all units will be affordable: 30 units (20%) will be very- low-income at 50% AMI, 82 units (55%) will be low-income at 80% AMI, and 37 units (25%) will be moderate-income defined as 100% AMI. The Seasons Apartments are owned by the Corporate Fund for Housing, a non- profit organization. FUTURE GROWTH NEEDS Overview of the Regional Housing Needs Assessment The Regional Housing Needs Assessment (RHNA) is a key requirement for local governments to plan for anticipated growth. The RHNA quantifies the anticipated need for housing within each jurisdiction for the 6th Housing Element cycle extending from July 2021 to October 2029. Communities then determine how they will address this need through the process of updating the Housing Elements of their General Plans. The RHNA for the 6th cycle was adopted by the Southern California Association of Governments (SCAG) in March 2021. The need for housing is determined by the forecasted growth in households as well as existing need due to overcrowding and overpayment. Each new household created by a child moving out of a parent’s home or by a family moving to a community creates the need for a housing unit. The housing need for new households is then adjusted to maintain a desirable level of vacancy to promote housing choice and mobility. An adjustment is also made to account for units lost due to demolition, natural disaster, or conversion to non-housing uses. Total housing need is then distributed among four income categories on the basis of the county’s income distribution, with adjustments to avoid an over-concentration of lower- income households in any community. More information about the RHNA process may be found on SCAG’s website at https://scag.ca.gov/rhna. 2021-2029 Diamond Bar Growth Needs The total housing growth need for the City of Diamond Bar during the 2021- 2029 planning period is 2,521 units. This total is distributed by income category as shown in Table 9-27. Table 9-27: 2021-2029 Regional Housing Growth Needs, Diamond Bar Very Low Low Moderate Above Moderate Total 844* 434 437 806 2,521 *Per state law, half of the very-low units are assumed to be in the extremely low category Source: SCAG 3/4/2021 6.1.g Packet Pg. 245 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-25 9.0 It should be noted that SCAG did not identify growth needs for the extremely- low-income category in the RHNA. As provided in Assembly Bill (AB) 2634 of 2006, jurisdictions may determine their extremely-low-income need as one- half the need in the very-low category. The City’s inventory of land to accommodate the RHNA allocation is discussed in Section 9.3, Resources and Opportunities. 6.1.g Packet Pg. 246 9-26 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 9.3 RESOURCES AND OPPORTUNITIES A variety of resources are available for the development, rehabilitation, and preservation of housing in the City of Diamond Bar. This section provides a description of the land resources and adequate sites to address the City’s regional housing need allocation, and discusses the financial and administra- tive resources available to support the provision of affordable housing. Additionally, opportunities for energy conservation that can lower utility costs and increase housing affordability are addressed. LAND RESOURCES Section 65583(a)(3) of the California Government Code requires Housing Elements to include an “inventory of land suitable for residential develop- ment, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites.” A detailed analysis of vacant land and potential redevelop- ment opportunities is provided in Appendix B, Table B-1, which shows that the City’s land inventory, including projects approved and the potential development of vacant and underutilized parcels, is sufficient to accommodate the RHNA for this planning period in all income categories. A discussion of public facilities and infrastructure needed to serve future development is contained in “Non- Governmental Constraints” in Section 9.4. There are currently no known service limitations that would preclude the level of development described in the RHNA, although developers will be required to pay fees or construct public improvements prior to or concurrent with development. FINANCIAL AND ADMINISTRATIVE RESOURCES State and Federal Resources Community Development Block Grant Program (CDBG) - Federal funding for housing programs is available through the Department of Housing and Urban Development (HUD). Diamond Bar participates in the Community Development Block Grant (CDBG) program and receives its allocation of CDBG funds through the Los Angeles County Development Authority (LACDA). The CDBG program is very flexible in that the funds can be used for a wide range of activities. The eligible activities include, but are not limited to, acquisition and/or disposition of real estate property, public facilities and improvements, relocation, rehabilitation and construction of housing, homeownership assistance, and clearance activities. In 2002 the City Council approved the establishment of a Home Improvement Program (HIP) to provide housing rehabilitation assistance to qualified low- and moderate-income households. CDBG funds are allocated to the HIP on an annual basis. HIP funds are used for exterior property 6.1.g Packet Pg. 247 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-27 9.0 improvements and for repairs to alleviate health and safety issues and to correct code violations. In addition, HIP funds may be used to improve home access to disabled persons and for the removal of lead-based paint hazards. The City’s CDBG allocation for the 2020- 21 Program Year was $243,522, which included an allocation for the HIP of $100,000. Under CDBG regulations, the HIP is eligible to receive unexpended CDBG funds from the previous fiscal year that are reallocated by the LACDA. Each household that qualifies for the HIP program is eligible to receive up to $20,000 as a no-interest, deferred loan. The City actively promotes the program and consistently exhausts its funding allocation each year. The City anticipates receiving approximately $232,000 in CDBG funds from LACDA during 2021-22. Section 8 Rental Assistance – The City of Diamond Bar cooperates with the LACDA, which administers the Section 8 Voucher Program. The Section 8 program provides rental assistance to low-income persons in need of affordable housing. There are two types of subsidies under Section 8: certificates and vouchers. A certificate pays the difference between the fair market rent and 30% of the tenant’s monthly income, while a voucher allows a tenant to choose housing that may cost above the fair market figure, with the tenant paying the extra cost. The voucher also allows the tenant to rent a unit below the fair market rent figure with the tenant keeping the savings. Low-Income Housing Tax Credit Program - The Low-Income Housing Tax Credit Program was created by the Tax Reform Act of 1986 to provide an alternate method of funding low-and moderate-income housing. Each state receives a tax credit, based upon population, toward funding housing that meets program guidelines. The tax credits are then used to leverage private capital into new construction or acquisition and rehabilitation of affordable housing. Limitations on projects funded under the Tax Credit programs include minimum require- ments that a certain percentage of units remain rent-restricted, based upon median income, for a term of 15 years. Local Resources Tax Exempt Multi-Family Revenue Bonds – The construction, acquisition, and rehabilitation of multi-family rental housing developments can be funded by tax exempt bonds which provide a lower interest rate than is available through conventional financing. Projects financed through these bonds are required to set aside 20% of the units for occupancy by very low- income households or 40% of the units to be set aside for households at 60% of the area median income (AMI). Tax exempt bonds for multi-family housing may also be issued to refinance existing tax-exempt debt, which is referred to as a refunding bond issue. The Seasons Diamond Bar Senior Apartments was refinanced in 1999 under the California Community Development Authority’s Multifamily Housing Re-funding Bond. According to the terms of the new bond agreement, income restrictions for residents and corresponding rent limits were set. For 6.1.g Packet Pg. 248 9-28 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 the duration of the bond which expires in December of 2034, all units will be affordable: 30 units will be very low income at 50% AMI, 82 units will be low income at 80% AMI, and 37 units will be moderate income at 100% AMI. The Seasons Apartments are owned by the Corporate Fund for Housing, a non- profit organization. Housing Agreements – The City can assist in the development of new affordable housing units by entering into Disposition Development Agree- ments (DDA) or Owner Participation Agreements (OPA) with developers. DDAs or OPAs may provide for the disposition of Agency-owned land at a price which can support the develop- ment of units at an affordable housing cost for low- and moderate-income households. These agreements may also provide for development assistance, usually in the form of a density bonus or the payment of specified development fees or other development costs which cannot be supported by the proposed development. Mortgage Credit Certificates – The Mortgage Credit Certificates (MCC) program3 is designed to help low- and moderate-income first-time home- buyers qualify for conventional first mortgage loans by increasing the homebuyer’s after-tax income. The MCC is a direct tax credit for eligible homebuyers equal to 20% of the mortgage interest paid during the year. The other 80% of mortgage interest can still be taken as an income deduction. 3 https://wwwa.lacda.org/for-homeowners/homebuyer/mortgage-credit-certificate-program 4 https://wwwa.lacda.org/for-homeowners/homebuyer/southern-california-home-financing- authority Diamond Bar is a participating city in the County-run MCC program. Home Ownership Program – The Home Ownership Program (HOP) provides assistance to low-income, first-time homebuyers in purchasing a home. It is administered by the Los Angeles County Development Authority’s Housing Development and Preservation Division. The program has provided hundreds of Los Angeles County residents with the means to afford to fulfill their dream of home ownership. The maximum gross annual income for eligible participants is 80% of the median income for Los Angeles County. Southern California Home Financing Authority Programs – SCHFA4 is a joint powers authority between Los Angeles and Orange Counties formed in 1988 to issue tax-exempt mortgage revenue bonds for low- to moderate-income First-Time Homebuyers. SCHFA has helped thousands of individuals and families fulfill their dreams of owning a home. This program makes buying a home more affordable for qualifying homebuyers by offering a competitive 30-year fixed rate loan and a grant for down-payment and closing costs assistance. The program is administered by the Los Angeles County Development Authority and the Public Finance Division of the County of Orange. SCHFA does not lend money directly to homebuyers. Homebuyers must work directly with a participating lender. The income limit for Los Angeles County households as of 2021 is $135,120. 6.1.g Packet Pg. 249 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-29 9.0 Fannie Mae Down Payment Assistance Program5 – The Federal National Mortgage Association, known as “Fannie Mae,” offers a program that provides second mortgages to homeowners. The second mortgage can serve as the down payment and closing costs on home purchases. Under this program, a city or county is required to post a reserve fund equal to 20% of an amount that Fannie Mae then makes available for such mortgages. Non-Profit Organizations – Non-profit organizations play a major role in the development of affordable housing in Los Angeles County. LACDA supple- ments its own efforts of producing affordable housing by entering into partnerships with private sector and non-profit developers and housing development corporations. ENERGY CONSERVATION OPPORTUNITIES As residential energy costs rise, the subsequent increasing utility costs reduce the affordability of housing. Although the City is mostly developed, new infill development and rehabilita- tion activities could occur, allowing the City to directly affect energy use within its jurisdiction. State of California Energy Efficiency Standards for Residential and Nonresidential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. The standards are codified in Title 24 of the California Code of Regulations and are updated periodically to allow consideration and possible incorpora- tion of new energy efficiency technologies and methods. The most recent update to State Building Energy Efficiency Standards were adopted in 2019. Building Energy Efficiency Standards have saved Californians billions of dollars in reduced electricity bills. They conserve nonrenewable resources, such as natural gas, and 5 https://singlefamily.fanniemae.com/originating-underwriting/mortgage-products/shared- equity-homebuyer-assistance-programs 6 California Energy Commission (https://www.energy.ca.gov/programs-and- topics/programs/building-energy-efficiency-standards ) ensure renewable resources are extended as far as possible so power plants do not need to be built.6 Title 24 sets forth mandatory energy standards and requires the adoption of an “energy budget” for all new residential buildings and additions to residential buildings. Separate requirements are adopted for “low-rise” residential construction (i.e., no more than three stories) and non-residential buildings, which includes hotels, motels, and multi-family residential buildings with four or more habitable stories. The standards specify energy saving design for lighting, walls, ceilings and floor installations, as well as heating and cooling equipment and systems, gas cooling devices, conservation standards and the use of non-depleting energy sources, such as solar energy or wind power. The home building industry must comply with these standards while localities are responsible for enforcing the energy conservation regulations 6.1.g Packet Pg. 250 9-30 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 through the plan check and building inspection processes. In addition to State energy regulations, the City encourages energy efficiency through its Climate Action Plan7 and Home Improvement Program, which provides low- and moderate-income households funds for home improve- ments that may include insulation and energy-efficient windows and doors. The City also encourages mixed-use development, which facilitates energy efficiency by reducing vehicular trip lengths. The City also publishes a monthly Diamond Bar Connection newsletter at https://www.diamondbarca.gov/208/D iamond-Bar-Connection---Monthly- Newslet, which informs residents of energy conservation tips and cost saving programs through the various utility providers. 7 https://www.diamondbarca.gov/DocumentCenter/View/7071/Diamond-Bar-Climate-Action- Plan-2040pdf?bidId= 6.1.g Packet Pg. 251 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-31 9.0 9.4 CONSTRAINTS This section evaluates potential constraints to the development, maintenance and improvement of housing, and identifies appropriate steps to mitigate potential constraints, where feasible. Potential constraints to housing are discussed below, and include both governmental and non- governmental factors. GOVERNMENTAL CONSTRAINTS Governmental regulations, while intended to protect the public health, safety and welfare, can also unintentionally increase the cost of housing. Potential governmental constraints include land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local development processing and permit procedures. Land Use Plans and Regulations General Plan Each city and county in California must prepare a comprehensive, long-term General Plan to guide its future. The land use element of the General Plan establishes the basic land uses and density of development within the various areas of the City. Under State law, the General Plan elements must be internally consistent and the City’s zoning and development regulations must be consistent with the General Plan. Thus, the land use plan must provide suitable locations and densities to implement the policies of the Housing Element. In 2019 the City adopted a comprehensive General Plan update8 that provides guiding policies for land use and development through the 2040 horizon year. The 2040 Diamond Bar General Plan Land Use Element provides for seven residential land use designations and four mixed-use designations allowing residential use, as shown in Table 9-28. The Land Use & Economic Development Chapter designates approximately 5,148 acres (54%) of the land area within City limits for residential uses, and mixed-use designations allowing residential use comprise an additional 284 acres. These land use designations provide for a wide range of residential types and densities throughout the City. 8 https://www.diamondbarca.gov/961/General-Plan-2040 6.1.g Packet Pg. 252 9-32 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table 9-28: Land Use Categories, Diamond Bar 2040 General Plan Source: Diamond Bar 2040 General Plan, Table 2-2 6.1.g Packet Pg. 253 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-33 9.0 General Plan Focus Areas The 2040 General Plan identifies four focus areas where major land use changes are planned as part of a strategy to provide walkable mixed-use activity centers. These focus areas provide opportunities for infill develop- ment that can incorporate a range of housing, employment, and recreational uses to meet the needs of families, young people, senior citizens, and residents of all incomes. These focus areas were designed in response to community priorities including a desire for expanded access to entertainment and community gathering places, and the need to accommodate the City’s growing and diverse population. New land use designations were established for each of these focus areas to facilitate development, as described under Land Use Classifications, below. In these focus areas, maximum development is expressed as dwelling units per gross site area and floor area ratio (FAR), which is the ratio between building floor area and lot area. • The Town Center Mixed Use focus area, located along Diamond Bar Boulevard between SR-60 and Golden Springs Drive, is intended to build on the success of recent commercial redevelopment in that area. The Town Center is designated for mixed-use development that would serve as a center of activity for residents and provide housing, entertainment and retail opportunities and community gathering spaces in a pleasant, walkable environment. A maximum residential density of 20.0 dwelling units per acre and maximum FAR of 1.5 are is permitted. • The Neighborhood Mixed Use focus area is envisioned as a combination of residential and ancillary neighborhood-serving retail and service uses to promote revitalization of the segment of North Diamond Bar Boulevard between the SR-60 interchange and Highland Valley Road. This neighborhood has potential to benefit from its proximity to Mt. San Antonio College and Cal Poly Pomona. This land use designation has an allowable residential density of up to 30.0 dwelling units per acre and a maximum FAR of 1.25. • The Transit-Oriented Mixed Use focus area leverages underutilized sites adjacent to the Metrolink commuter rail station to provide for higher-density housing, offices, and supporting commercial uses close to regional transit. This focus area allows for new employment and housing development in a key location that emphasizes multi-modal transportation options. This General Plan designation allows residential development at a density of 20.0 to 30.0 dwelling units per acre and a maximum FAR of 1.5. • The Community Core focus area covers the existing Diamond Bar Golf Course, which is currently operated by Los Angeles County. Should the County choose to discontinue operation of the golf course or to reduce its size, the Community Core would be the City’s preferred approach to reuse of the site. The Community Core is envisioned as a master- planned mixed-use, pedestrian- oriented community and regional destination. The majority of the northern portion is envisioned to 6.1.g Packet Pg. 254 9-34 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 support a park or consolidated golf course along with additional community or civic uses. The southern portion is envisioned to accommodate a mix of uses emphasizing destination and specialty retail, dining, and entertainment, including opportunities for residential, hospitality, and community and civic uses. This location benefits from proximity to the freeways and nearby commercial uses. The General Plan does not specify density or intensity standards for this focus area and a master plan will be required for the entire property to ensure its cohesive development. Zoning Designations The City regulates the type, location, density, and scale of residential development through the Develop- ment Code (Title 22 of the Diamond Bar Municipal Code) and Zoning Map. These regulations serve to implement the General Plan and are designed to protect and promote the health, safety, and general welfare of residents. The Development Code and Zoning Map set forth residential development standards and review procedures for each zoning district. The seven zoning districts that allow residential units as a permitted use are as follows: RR Rural Residential RL Low Density Residential RLM Low Medium Density Residential RM Medium Density Residential RMH Medium High Density Residential RH High Density District RH-30 High Density District (30 units per acre) A summary of the development standards for these zoning districts is provided in Table 9-29. These develop- ment standards provide for a range of housing types and do not create unreasonable constraints on the development of housing. 6.1.g Packet Pg. 255 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-35 9.0 Table 9-29: Residential Development Standards Development Standard1 Zoning District Designations RR RL RLM RM RMH RH/RH-30 Maximum density (units/acre) 1 3 5 12 16 20/30 Minimum Lot Area (sq. ft.) 1 acre 10,000 sf 8,000 sf 5,000 sf 5,000 sf 5,000 sf Minimum Front Yard (ft.) 30 ft 20 ft 20 ft 20 ft 20 ft 20 ft Minimum Side Yard (ft.) 15 ft. on one side, and 10 ft. on the other2 10 ft. on one side, and 5 ft. on the other3 10 ft. on one side, and 5 ft. on the other3 5 ft. 5 ft. 5 ft. plus 1 ft. for each story over 2 Minimum Street Side Setback (ft.) 15 ft., reversed corner lot; 10 ft. otherwise 10 ft., reversed corner lot; 5 ft. otherwise 10 ft., reversed corner lot; 5 ft. otherwise 10 ft., reversed corner lot; 5 ft. otherwise 7.5 ft., reversed corner lot; 5 ft. otherwise 7.5 ft., reversed corner lot; 5 ft. otherwise Minimum Rear Yard (ft.) 25 ft.4 20 ft.4 20 ft.4 25 ft.4 20 ft.4 20 ft.4 Maximum Lot Coverage (%) 30% 40% 40% 30% 30% 30% Maximum Building Height (ft.) 35 ft 35 ft 35 ft 35 ft 35 ft 35 ft Source: Diamond Bar Zoning Ordinance Notes: 1. Development standards in the planned communities are governed by a master plan, specific plan, or similar document and may va ry from current zoning. 2. There cannot be less than 25 ft. between structures on adjoining parcels. 3. There cannot be less than 15 ft. between structures on adjoining parcels. 4. From the property line or building pad on a descending slope, whichever is applicable. A summary of the types of housing permitted by the City’s Development Code is provided in Table 9-30. Table 9-30: Permitted Residential Development by Zoning District Housing Type RR RL RLM RM RMH RH/RH-30 Single-Family Detached P P P P P P Single-Family Attached P P P Multi-Family P P P Manufactured Housing P P P P P P Mobile Home Park CUP CUP CUP CUP CUP CUP Second Units P P Emergency Shelters1 Transitional & Supportive Housing 2 2 2 2 2 2 Residential Care Home (6 or fewer persons)3 P P P P P P Residential Care Home (7 or more persons)3 CUP CUP CUP Senior Housing P P P P P P Single Room Occupancy4 Source: Diamond Bar Zoning Ordinance P = Permitted, ministerial zoning clearance required CUP = Conditional Use Permit Notes: 1. Emergency shelters are permitted in the Light Industrial zone. 2. Transitional and supportive housing are permitted in any residential zone subject to the same standards and procedures as apply to other residential uses of the same type in the same zone. 3. Residential Care Homes are defined as facilities providing residential social and personal care for children, the elderly, and people with some limits on their ability for self-care, but where medical care is not a major element. Includes children's' homes; family care homes; foster homes; group homes; halfway houses; orphanages; rehabilitation centers; and similar uses. 4. SROs are conditionally permitted in the I (light industrial) zone The Development Code provides for a variety of housing types including single-family homes (both attached and detached), multi-family (both 6.1.g Packet Pg. 256 9-36 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 rental and condominiums), manufactured housing, special needs housing, and accessory dwelling units. Effect of Zoning and Development Standards on Housing Supply and Affordability Development standards can affect the feasibility of development projects, particularly housing that is affordable to lower- and moderate-income households. The most significant of these standards is density. Higher densities generally result in lower per- unit land costs, thereby reducing overall development cost, although this is not always the case. For example, at some point higher density may require more expensive construction methods such as parking structures, or below- grade garages. Pursuant to AB 2348 of 2004, the “default density” for Diamond Bar is 30 dwelling units per acre9. The default density refers to the density at which lower-income housing development is presumed to be feasible, although State law allows jurisdictions to propose alternative densities that are sufficient to facilitate affordable housing based on local experience and circumstances. The RH-30 district allows multi-family development at the default density of 30 units per acre. In addition, the Neighborhood Mixed Use and Transit-Oriented Mixed Use land use designations allow residential development at up to 30 units/acre. The City is currently in the process of updating the Development Code to establish regulations consistent with these new General Plan land use designations (see Program H-8 in Section 9.5). 9 Memo of June 20, 2012 from California Department of Housing and Community Development. Although appropriate development standards are necessary for affordable housing to be feasible, large public subsidies are typically necessary to reduce costs to the level that lower- income households can afford. Special Needs Housing Persons with special needs include those in residential care facilities, persons with disabilities, the elderly, farm workers, persons needing emergency shelter or transitional living arrangements, and single room occupancy units. The City’s provisions for these housing types are discussed below. Residential Care Facilities Residential care facilities refer to any family home, group home, or rehabilitation facility that provides non- medical care to persons in need of personal services, protection, super- vision, assistance, guidance, or training essential for daily living. The Development Code explicitly references Residential Care Homes (§22.80.020). In accordance with State law, residential care homes that serve six or fewer persons are permitted by- right in all residential districts with only a ministerial zoning clearance required. Residential care homes serving more than six persons are permitted by conditional use permit in the RM, RMH, and RH Districts. There are no separation requirements for residential care facilities. These provisions are consistent with State law and do not pose a significant constraint on the establishment of such facilities. 6.1.g Packet Pg. 257 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-37 9.0 Definition of Family Development Code §22.80.020 defines family as “one or more persons living together as a single housekeeping unit in a dwelling unit.” Single housekeeping unit means “the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.” These definitions are consistent with fair housing law and do not pose an unreasonable constraint to housing. Housing for Persons with Disabilities Both the federal Fair Housing Act and the California Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodations (i.e., modifications or exceptions) in their zoning laws and other land use regulations when such accommoda- tions may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. The Building Codes adopted by the City of Diamond Bar incorporate accessibility standards contained in Title 24 of the California Administrative Code. For example, apartment complexes of three or more units and condominium complexes of four or more units must be designed to accessibility standards. Compliance with building codes and the Americans with Disabilities Act (ADA) may increase the cost of housing production and can also impact the viability of rehabilitation of older properties required to be brought up to current code standards. However, these regulations provide minimum standards that must be complied with to ensure the development of safe and accessible housing. Senate Bill 520 of 2001 requires cities to make reasonable accommodation in housing for persons with disabilities. The City has adopted procedures (Development Code §22.02.060) for reviewing and approving requests for reasonable accommodation for persons with disabilities consistent with State law. The director, planning commission or city council shall approve a request for a reasonable accommodation subject to the following findings: 1. The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws. 2. The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws. 3. The requested reasonable accommodation will not impose an undue financial or administrative burden on the city, as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law. 6.1.g Packet Pg. 258 9-38 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 4. The requested accommodation will not result in a fundamental alteration of the nature of the city's zoning or building laws, and policies and procedures, as "fundamental alteration" is defined in fair housing laws and interpretive case law. In making a decision regarding the reasonableness of the requested accommodation, the following factors may be considered: 1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. 2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. 3. In the case of a residential care facility or sober living home or similar group home for the disabled, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. 4. Whether the requested accommodation would fundamentally alter the character of the neighborhood; 5. Whether the accommodation would result in a substantial increase in traffic or insufficient parking; 6. Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan; 7. In the case of a residential care facility or sober living home or similar group home for the disabled, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. Farm Worker Housing As discussed in Section 9.2, Housing Needs Assessment, the City of Diamond Bar has no major agricultural areas and no significant need for permanent on- site farm worker housing. Commercial agriculture is not permitted in any residential zoning district. The City’s overall efforts to provide and maintain affordable housing opportunities will help to support the few seasonal farm workers that may choose to reside in the City. Housing for the Elderly Senior housing projects are a permitted use in all residential districts. A density bonus is also permitted for the construction of senior housing pursuant to Government Code §§65915-65918. Development Code §22.30.040 establishes reduced parking requirements for senior housing of 1 space for each unit with half the spaces covered, plus 1 guest parking space for each 10 units. These regulations are not considered to be a constraint to the development of senior housing because the regulations are the same as for other residential uses in the same districts. Emergency Shelters, Transitional/ Supportive Housing and Low Barrier Navigation Centers Emergency shelters are facilities that provide a safe alternative to the streets either in a shelter facility, or through the 6.1.g Packet Pg. 259 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-39 9.0 use of motel vouchers. Emergency shelter is short-term and usually for 30 days or less. Transitional housing is longer-term, typically up to 2 years, while supportive housing may have no occupancy limit. Programs that operate transitional and supportive housing generally require that the resident participate in a structured program to work toward established goals so that they can move on to permanent housing and may include supportive services such as counseling. SB 2 of 2007 strengthened the planning requirements for emergency shelters and transitional/supportive housing. This bill requires jurisdictions to evaluate their need for shelters compared to available facilities to address the need. If existing shelter facilities are not sufficient to accommodate the need, jurisdictions must designate at least one zone where year-round shelters can be accommodated. There are currently no emergency shelters located in the City. As noted in Section 9.2, the most recent homeless survey reported 4 homeless persons living in Diamond Bar. To reduce constraints to the establish- ment of emergency shelters, the Development Code was amended to allow shelters with up to 30 beds by- right in the Light Industrial (I) zone subject to objective development standards. This zone encompasses approximately 98 acres with an average parcel size of 1.6 acres and contains underutilized parcels and vacant buildings that could accommo- date at least one emergency shelter. In 2019 the San Gabriel Valley Council of Governments initiated a study to assess the needs of the homeless and develop a coordinated strategy to address those needs. As a member jurisdiction, Diamond Bar is cooperating in this study and is committed to a fair- share approach to providing the necessary services and facilities for the homeless persons and families identified in the community. SB 2 also requires that transitional and supportive housing be considered a residential use that is subject only to the same requirements and procedures as other residential uses of the same type in the same zone. The Development Code establishes regulations for transitional and supportive housing in compliance with State law. In 2018 AB 2162 amended State law to require that supportive housing be a use by- right in zones where multi-family and mixed uses are permitted, including non-residential zones permitting multi- family uses, if the proposed housing development meets specified criteria. Program H-11 in Section 9.5 includes a commitment to process an amendment to the Development Code in compliance with this requirement. In 2019 the State Legislature adopted AB 101 establishing requirements related to local regulation of low barrier navigation centers, which are defined as “Housing first, low-barrier, service- enriched shelters focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.” Low Barrier means best practices to reduce barriers to entry, and may include, but is not limited to: (1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth 6.1.g Packet Pg. 260 9-40 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 (2) Accommodation of residents’ pets (3) The storage of possessions (4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms” Low barrier navigation centers meeting specified standards must be allowed by-right in areas zoned for mixed use and in nonresidential zones permitting multi-family uses. Program H 11 in Section 9.5 includes a commitment to process an amendment to the Development Code in compliance with this requirement. Single Room Occupancy Single room occupancy (SRO) facilities are small studio-type units and are conditionally permitted in the Light Industrial District pursuant to Sec. 22.42.160 of the Development Code. Development standards for these uses do not pose an unreasonable constraint to SRO development. Off-Street Parking Requirements The City’s current parking requirements for residential uses vary by residential type. Single-family dwellings and duplex housing require two parking spaces per unit in a garage. Mobile homes require two parking spaces plus guest parking. Studio units require one space for each unit in a garage, plus guest parking. Multi-family dwellings, condos, and other attached dwellings are required to have two spaces in a garage for each unit plus 0.5 space for each bedroom over two, and guest parking. Accessory dwelling units are required to have one space in addition to that required for the single-family unit. Senior housing projects are required to provide one space for each unit with half of the spaces covered, plus one guest parking space for each ten units. Senior congregate care facilities are required to have 0.5 space for each residential unit, plus one space for each four units for guests and employees. Extended care facilities are required to provide one space for each three beds the facility is licensed to accommodate. These parking requirements are summarized in Table 9-31. The City is currently preparing an update to the Development Code to reflect new policies contained in the 2040 General Plan. Examples of General Plan parking policies that will be implemented through revised development regulations include the following: • LU-P-15) Encourage mixed- use development in infill areas by providing incentives such as reduced parking requirements and/or opportunities for shared parking. • LU-P-32) In conjunction with new development, implement an overall parking strategy for the Transit-Oriented Mixed-Use neighborhood, including consolidation of smaller parking lots and district-wide management of parking resources. • LU-P-33 Consider amendments to the Development Code parking regulations as needed to allow lower parking minimums for developments with a mix of uses with different peak parking needs, as well as developments 6.1.g Packet Pg. 261 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-41 9.0 that implement enforceable residential parking demand reduction measures, such as parking permit and car share programs. • LU-P-43) When updating the Development Code’s parking standards or preparing specific plans, evaluate parking ratios for the Town Center to balance the financial feasibility of development projects with the provision of adequate parking for visitors. Coordinate with developers and transit agencies to the extent possible to provide alternative modes of transportation to allow for reduced parking requirements. • CC-P-26) Establish reduced minimum commercial parking requirements for all development within new mixed- use land use designations. Reduced parking requirements should be supported by proximity to transit, shared parking, and technologies that, once mainstreamed, would reduce the need for conventional parking layouts. • CC-P-49) Encourage reductions in surface parking and allow for the development of consolidated parking structures, provided that they are screened from view from Diamond Bar Boulevard and Golden Springs Drive. • CR-P-37) Ensure that secure and convenient bicycle parking is available at major destinations such as the Town Center, commercial centers, transit stops, schools, parks, multi-family housing, and large employers. • CR-G-14) Provide adequate parking for all land use types, while balancing this against the need to promote walkable, mixed-use districts and neighborhoods in targeted areas, and promoting ride- sharing and alternative transportation modes. • CR-P-53) Update parking standards in the Development Code to ensure that they are reflective of the community’s needs, using current data on parking demand and taking into consideration demographics and access to alternative modes of transportation. • CR-P-54) Incorporate criteria in the Development Code to allow reductions in parking requirements in exchange for VMT reduction measures. These policies will be implemented through revisions to required parking as part of the Development Code (see Program H-8) is not excessive and is not considered to beand will minimize the effect of required parking as a constraint on the production of affordable housing. 6.1.g Packet Pg. 262 9-42 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table 9-31: Residential Parking Requirements Type of Unit Minimum Parking Space Required Single Family Detached Dwellings 2 off-street parking spaces per dwelling (in a garage) Duplex Housing Units 2 off-street parking spaces for each unit (in a garage) Mobile Homes (in M.H. parks) 2 off-street parking spaces for each mobile home (tandem parking allowed in an attached carport), plus guest parking* Accessory Dwelling Units 1 off-street parking space in addition to that required for a single-family unit Multi-Family Dwellings, Condominiums, and Other Attached Dwellings* Studio 1.0 off-street parking space per dwelling unit (in a garage), plus guest parking* 1 or More Bedrooms 2.0 off-street parking spaces per unit (in a garage), plus 0.5 additional spaces for each bedroom over 2, plus guest parking** Senior Housing Projects 1 off-street parking space per unit with half of the spaces covered, plus 1 guest parking space for each 10 units Senior Congregate Care Facilities 0.5 space for each residential unit, plus 1 space for each 4 units for guests and employees Extended Care Facilities (elderly, skilled nursing facilities and residential care homes) 1 space for each 3 beds the facility is licensed to accommodate *Reduced parking is allowed for projects that provide affordable housing pursuant to state Density Bonus law. ** Guest parking shall be provided at a ratio of one space for each four required parking spaces. Source: Diamond Bar Development Code, 3/2021 Accessory Dwelling Units Accessory dwelling units (ADUs) provide an important source of affordable housing for seniors, young adults, caregivers and other low- and moderate-income segments of the population. In recent years, the State Legislature has adopted extensive changes to ADU law to encourage housing production. Among the most significant changes is the requirement for cities to allow one ADU plus one “junior ADU” on single-family residential lots by-right subject to limited develop- ment standards. In 2021 the City amended ADU regulations in conformance with current law, and Program H-10 in Section 9.5 includes a commitment to update the City’scontinue to encourage ADU regulations in conformance with current State lawproduction. Density B onus Under Government Code §§65915- 65918, a density increase over the otherwise maximum allowable residential density under the Municipal Code is available to developers who agree to construct housing develop- ments with units affordable to low- or moderate-income households or senior citizen housing development. AB 2345 of 2019 amended State law to revise density bonus incentives that are available for affordable housing developments. Program H 12 in Section 9.5 includes a commitment to amend the Development Code to include these changes to State density bonus law. Mobile Homes/Manufactured Housing There is often an economy of scale in manufacturing homes in a plant rather than on site, thereby reducing cost. State law precludes local governments from prohibiting the installation of mobile homes on permanent foundations on single-family lots. It also declares a mobile home park to be a permitted 6.1.g Packet Pg. 263 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-43 9.0 land use on any land planned and zoned for residential use, and prohibits requiring the average density in a new mobile home park to be less than that permitted by the Municipal Code. In the City of Diamond Bar, manufac- tured housing is allowed in all residential zones as a permitted use provided the installation complies with the site development standards for the applicable zoning district. Mobile home parks are allowed as conditional use within all residential districts. There are two mobile home parks in Diamond Bar, both located in the western portion of the City: Diamond Bar Estates and Walnut Creek Estates. Condominium Conversions In order to reduce the impacts of condominium conversions on residents of rental housing, some of which provides housing for low- and moderate-income persons, the City’s Municipal Code requires that in addition to complying with all of the regulations and noticing requirements of the Subdivision Map Act for condo conversions, the applicant must propose a relocation assistance program that will assist tenants displaced through the conversion in relocating to equivalent or better housing, assess the vacancy rate in multi-family housing within the City, and provide a report to all tenants of the subject property at least three days prior to the hearing. When a condo conversion is permitted, the increase in the supply of less expensive for-sale units helps to compensate for the loss of rental units. The ordinance to regulate condominium conversions is reasonable to preserve rental housing opportunities and does not present an unreasonable constraint on the production of ownership housing. Building Codes State law prohibits the imposition of building standards that are not necessitated by local geographic, climatic or topographic conditions and requires that local governments making changes or modifications in building standards must report such changes to the Department of Housing and Community Development and file an expressed finding that the change is needed. The City’s building codes are based upon the California Building, Plumbing, Mechanical and Electrical Codes. These are considered to be the minimum necessary to protect the public's health, safety and welfare. No additional regulations have been imposed by the City that would unnecessarily add to housing costs. Building Codes are enforced primarily through the plan check and building inspection process. DEVELOPMENT PROCESSING PROCEDURES 6.1.g Packet Pg. 264 9-44 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Residential Permit Processing State Planning and Zoning Law provides permit processing require- ments for residential development. Within the framework of state require- ments, the City has structured its development review process to minimize the time required to obtain permits while ensuring that projects receive careful review. All residential development is reviewed by City staff for zoning, building, and fire code compliance prior to issuance of building permits. Processing times vary and depend on the size and complexity of the project. Projects reviewed by the Planning Commission, such as Conditional Use Permits, typically require between 1 and 2 months to process. Tentative parcel maps and tentative tract maps typically require 3 to 6 months to process. Projects reviewed by the City Council, such as General Plan and Zoning Amendments, typically require between 3 and 6months to process. Table 9-32 identifies the current review authority responsible for making decisions on land use permits and other entitlements, as well as the estimated processing time for each type of application. Table 9-32: Review Authority for Residential Development Type of Permit or Decision (*) Est. Processing Time Director Hearing Officer Planning Commission City Council Administrative Development Review (SF or MF) 6-8 weeks Final Appeal Appeal Development Review (SF or MF) 8 weeks Final Appeal Development Agreement** 12-24 weeks Recommend Final Minor Conditional Use Permit 4-6 weeks Final Appeal Appeal Conditional Use Permit 8 weeks Final Appeal Minor Variance 2-4 weeks Final Appeal Appeal Variance** 4-8 weeks Final Appeal General Plan Amendment** 12-24 weeks Recommend Final Specific Plan** 12-24 weeks Recommend Final Zoning Map or Development Code Amendment 12-24 weeks Recommend Final Tentative Map** 12-24 weeks Recommend Final Plot Plan 4 weeks Final Appeal Appeal Zoning Clearance (over the counter) 1 week Final Appeal Appeal Source: Diamond Bar Development Code; Community Development Department * The Director and Hearing Officer may defer action on permit applications and refer the item(s) to the Commission for final decision. ** Permit typically involves environmental clearance pursuant to CEQA and is subject to the Permit Streamlining Act. 6.1.g Packet Pg. 265 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-45 9.0 Certain steps of the development process are required by State rather than local laws. The State has defined processing deadlines to limit the amount of time needed for review of required reports and projects. The following describes the five-step development review process in Diamond Bar: • Application Submittal. Applications for land use permits and other matters pertaining to the Development Code must be filed on a City application form, together with all necessary fees and/or deposits, exhibits, maps, materials, plans, reports, and other information required by the Development Services Department. Prior to submitting an application, applicants are strongly encouraged to request a pre-application conference with staff. The purpose of the pre- application conference is to inform the applicant of City requirements as they pertain to the proposed development project, review the procedures outlined in the Development Code, explore possible alternatives or modifications, and identify necessary technical studies and required information related to the environmental review of the project. Single-family residential uses are permitted by-right in all residential zoning districts. Multi-family residential uses are permitted by- right in the RM, RMH and RH zones. All new residential construction and some additions to existing residences are subject to “Development Review.” Development Review and Administrative Development Review applications for projects that also require the approval of another discretionary permit (e.g. conditional use permit) shall be acted upon concurrently with the discretionary permit and the final determination shall be made by the highest level of review authority in compliance with Table 9-32. Development Review. An applica- tion for Development Review is required for residential projects that propose one or more dwelling units (detached or attached) and that involve the issuance of a building permit for construction or reconstruction of a structure(s) meeting the following criteria: • New construction on a vacant lot and new structures, additions to structures, and reconstruction projects which are equal to 50% or greater of the floor area of existing structures on site, or have 5,001 square feet or more of combined gross floor area in any commercial, industrial, and institutional development; or • Projects involving a substantial change or intensification of land use (e.g. the conversion of and existing structure to a restaurant, or the conversion of a residential structure to an office or commercial use); or • Residential, commercial, industrial, or institutional projects proposed upon a descending slope abutting a public street. 6.1.g Packet Pg. 266 9-46 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Administrative Development Review. An application for Administrative Development Review is required for residential, industrial, and institutional developments that involve the issuance of a building permit for construction or reconstruction of a structure(s) meeting the following thresholds of review: • Commercial, industrial, and institutional developments that propose up to 5,000 square feet of combined floor area; or • Projects that do not meet the specific criteria for Development Review. Development Review and Administrative Development Review are non-discretionary review procedures intended to address design issues such as landscaping and building massing, and do not include a review of the merits or suitability of the use itself. • Initial Application Review. The Director reviews all applications for completeness and accuracy before they are accepted as being complete and officially filed. Processing of applications does not commence until all required fees and deposits have been paid. Without the application fee or a deposit, the application is not deemed complete. Within 30 days of a submittal, staff reviews the application package and the applicant is informed in writing of whether or not the application is deemed complete and has been accepted for processing. If the application is incomplete, the applicant is advised regarding what additional information is required. If a pending application is not deemed complete within 6 months after the first filing with the Department, the application expires and is deemed withdrawn. Any remaining deposit amount is refunded, subject to administrative processing fees. • Environmental Review. After acceptance of a complete application, a project is reviewed for compliance with the California Environmental Quality Act (CEQA). A determination is made regarding whether or not the proposed project is exempt from the requirements of CEQA. If the project is not exempt, a determination is made regarding whether a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report will be required based on the evaluation and consideration of information provided by an initial study. If an EIR is required, a minimum of nine months to one year is typically required to complete the process. • Staff Report and Recommenda- tions. A staff report is prepared by the Director that describes the conclusions and findings about the proposed land use development. The report includes recommendations on the approval, approval with conditions, or disapproval of the application. Staff reports are provided to the applicant at the same time they are provided to the Hearing Officer, or members of the Commission and/or Council, before a hearing on the application. 6.1.g Packet Pg. 267 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-47 9.0 • Notice and Hearings. An application for a development review or administrative development review is scheduled for a public hearing once the department has determined the application complete. Administrative development reviews and minor CUPs are heard by a Hearing Officer (staff) while more significant applications are heard by the Planning Commission. Legislative acts such as General Plan amendments, zone changes, specific plans and development agreements require City Council approval. Upon completion of the public hearing, the review authority shall announce and record the decision within 21 days following the conclusion of the public hearing. The decision shall contain the required findings and a copy of the resolution shall be mailed to the applicant. These processes are typical of most California jurisdictions and helpThe City is currently preparing a revised Development Code, which will include streamlined permit review procedures and objective standards to ensure that the development review process does not act as a constraint to housing development (see Program 8). The length of time between project approval and request for building permit can vary widely depending on the size and complexity of the project, the applicant’s schedule for preparing building plans and any required corrections. Due to high property values and the shortage of vacant residential land, development proposals typically seek to maximize allowable densities unlike areas further inland where more vacant land is available. Development Fees and Improvement Requirements After the passage of Proposition 13 and its limitation on local governments’ property tax revenues, cities and counties have faced increasing difficulty in providing public services and facilities to serve their residents. One of the main consequences of Proposition 13 has been the shift in funding of new infrastructure from general tax revenues to development impact fees and improvement requirements on land developers. The City requires developers to provide on- site and off-site improvements necessary to serve their projects. Such improvements may include water, sewer and other utility extensions, street construction and traffic control device installation that are reasonably related to the project. Dedication of land or in- lieu fees may also be required of a project for rights-of-way, transit facilities, recreational facilities and school sites, consistent with the Subdivision Map Act. State law limits fees charged for development permit processing to the reasonable cost of providing the service for which the fee is charged. Various fees and assessments are charged by the City and other public agencies to cover the costs of processing permit applications and providing services and facilities such as schools, parks and infrastructure. Table 9-33 provides a list of fees the City of Diamond Bar charges for new, standard residential development. The 6.1.g Packet Pg. 268 9-48 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 City periodically evaluates the actual cost of processing development permits when revising its fee schedule. The last fee schedule update was adopted in 2020. Table 9-33: Planning and Development Fees Fee Category Fee or Deposit Amounta Planning and Application Building Feesa Administrative Development Review $1,912.94 Application plus $2,000 deposit (RFD) Development Agreement $10,000 deposit (RFD) General Plan Amendment $10,000 deposit (RFD) Zone Change/Map Amendment Specific Plan $10,000 deposit (RFD) $10,000deposit (RFD) Conditional Use Permit $2,174.56 Application plus $4,000 deposit (RFD) Minor Conditional Use Permit $1,738.56 Application plus $2,000 deposit (RFD) Tentative Tract Map $5,000 deposit (RFD) Tentative Parcel Map Density Bonus Variance Minor Variance $5,000 deposit (RFD) $5,000 deposit (RFD) $5,000 deposit (RFD) $1,547.80 Application Building plan check & permit fees (est.) SF: $38,000 / MF: $5,300 Environmental Review Fees Environmental Analysis (b) Environmental Mitigation Monitoring Program (b) Development Impact Fees School Fees $4.08/sq.ft. Drainage Facilities None Traffic Facilities (d) Public Facilities None Fire Facilities None Park Facilities (ed) Water/Sewer Connection (d) Est. Total Fees SF: $xxx / MF: $xxx Source: City of Diamond Bar, 2021 a Items with deposits are based on actual processing costs which may exceed initial deposit amount. b Cost determined as part of the environmental review c (RFD) Deposit based fees will be charged at the fully allocated hourly rates for all personnel involved plus any outside costs, with any unused portion of a deposit-based fee being refunded to the applicant at the conclusions of the project. In certain circumstances where project costs are higher than the available deposit, the applicant will be required to submit additional funds into the deposit account. d Development impact fees are determined by the project’s scope, location, and existing conditions. The developer must prepare the appropriate study and provide the report for staff to review. When applicable, public improvements may be conditioned with, or in lieu of, development impact fees. e Park fees are determined based on 5 acres of land per 1,000 population per State law Improvement Requirements Throughout California, developers are required to construct on- and off-site improvements needed to serve new projects, including streets, sidewalks, and utilities. City road standards vary by roadway designation as provided in Table 9-34. A local residential street requires a 44- to 60-foot right-of-way, with two 12-foot travel lanes. These road standards are typical for cities in Los Angeles County and do not act as a constraint to housing development. The City’s Capital Improvement Program (CIP) contains a schedule of public improvements including streets, bridges, overpasses and other public 6.1.g Packet Pg. 269 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-49 9.0 works projects to facilitate the continued build-out of the City’s General Plan. The CIP helps to ensure that construction of public improvements is coordinated with private development. Table 9-34: Road Improvement Standards Roadway Designation Number of Lanes Right-of-Way Width Curb-to Curb Width Major arterial 4 100-120 N/A Boulevard 2-4 60-100 N/A Collector street 2-4 60-80 N/A Local street 2 44-60 28-36 Source: City of Diamond Bar, 2021 Although development fees and improvement requirements increase the cost of housing, cities have little choice in establishing such require- ments due to the limitations on property taxes and other revenue sources needed to fund public services and improvements. NON-GOVERNMENTAL CONSTRAINTS Environmental Constraints Environmental constraints include physical features such as steep slopes, fault zones, floodplains, sensitive biological habitat, agricultural lands, and wildland fire hazards. In many cases, development of these areas is constrained by State and federal laws (e.g., FEMA floodplain regulations, the Clean Water Act, the Endangered Species Act, the State Fish and Game Code and the Alquist-Priolo Act). Most of the level, easily buildable land in Diamond Bar has already been developed, and much of the remaining land has a variety of geotechnical and topographic conditions that may constrain the development of lower- priced residential units. Large portions of the City contain steep slopes that pose a significant constraint to development. In addition to slope constraints, many of the hillsides in Diamond Bar have a potential for landslides. Slope stability is affected by such factors as soil type, gradient of the slope, underlying geologic structure, and local drainage patterns. The rolling topography and composition of local soils throughout Diamond Bar create numerous areas for potential landslide hazards. Although many historical landslide locations have been stabilized, a number of potential landslide areas still exist in the eastern portion of the City as well as within Tonner Canyon in the Sphere of Influence. Figure 9-2 illustrates the significant areas with geological constraints. Wildland fire hazards present another environmental constraint to housing development. As seen in Figure 9-3, significant portions of the city are within designated fire hazard zones. As the frequency and intensity of wildfires have increased in recent years, housing development becomes more difficult in these areas. 6.1.g Packet Pg. 270 9-50 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Infrastructure Constraints As discussed under Development Fees and Improvement Requirements, the City requires developers to provide on- site and off-site improvements necessary to serve their projects. Dedication of land or in-lieu fees may also be required of a project for rights- of-way, transit facilities, recreational facilities and school sites, consistent with the Subdivision Map Act. Additionally, the City’s Capital Improvement Program (CIP) contains a schedule of public improvements including streets and other public works projects to facilitate the continued build-out of the City’s General Plan. The CIP helps to ensure that construction of public improvements is coordinated with development. As a result of these policies, any infrastructure constraints which currently exist must be fully mitigated and financed as growth occurs. Water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower-income households. Wastewater Wastewater conveyance and treatment in Diamond Bar is provided by the County of Los Angeles Sanitation District No. 21. Although much of the physical sewage infrastructure appears in generally good condition, there have been repeated failures of the pump stations needed to lift flows to the regional collectors. Presently, there are no sewer lines in place in the developed southeastern end of the 1,250-acre development known as the Country Estates. Approximately 144 lots are utilizing on-site wastewater disposal systems. Water Water for City residents is supplied by the Walnut Valley Water District, which receives its water supply from the Three Valleys Municipal Water District and ultimately from the Metropolitan Water District (MWD) of Southern California. Almost all of the water supply is purchased from MWD, which imports water from the Colorado River Aqueduct (a small portion comes from Northern California through the State Water Project). Domestic water supply is not expected to limit development during the planning period. Storm Water Drainage Flood control is provided by the County Flood Control District. Flood control facilities are in fairly good condition. Development proposals are assessed for drainage impacts and required facilities. With these existing facilities and review procedures in place, the City’s flood control system is not expected to limit development during the planning period. Dry Utilities Dry utilities such as electricity, telephone and cable are provided by private companies and are currently available in the areas where future residential development is planned. When new development is proposed the applicant coordinates with utility companies to arrange for the extension of service. There are no known service limitations that would restrict planned development during the planning period. 6.1.g Packet Pg. 271 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-51 9.0 Land Costs Land represents one of the most significant components of the cost of new housing. Land values fluctuate with market conditions, and changes in land prices reflect the cyclical nature of the residential real estate market. A major constraint to providing affordable housing on remaining vacant hillside parcels in Diamond Bar is the high cost of construction in hillside areas. Another cost constraint for construction in areas with steep topography is the low ratio of developable area to total land area. Residential projects in hillside areas have large amounts of open space and only about 25-30% developable land. The estimated value of vacant residential land is approximately $10/square foot or more, and values can vary widely depending on site conditions. Construction Costs Construction cost is affected by the price of materials, labor, development standards and general market conditions. The City has no influence over materials and labor costs, and the building codes and development standards in Diamond Bar are not substantially different than most other cities in Los Angeles County. Construction costs for materials and labor have increased at a slightly higher pace than the general rate of inflation according to the Construction Industry Research Board. The International Code Council estimated that the average construction cost for good-quality housing was approximately $131 per square foot for single-family homes and $119 per square foot for multi-family housing. Cost and Availability of Financing Diamond Bar is typical of Southern California communities with regard to private sector home financing programs. As discussed in the previous section, Diamond Bar utilizes tax exempt multi-family revenue bonds which provide a lower interest rate than is available through conventional financing. This program helps to address funding for low-income multi- family projects. Under State law, it is illegal for real estate lending institutions to discriminate against entire neighborhoods in lending practices because of the physical or socio- economic conditions in the area (“redlining”). There is no evidence of redlining being practiced in any area of the City. AFFIRMATIVELY FURTHERING FAIR HOUSING State law prohibits discrimination in the development process or in real property transactions, and it is the City’s policy to uphold the law in this regard. As a participating city in the Los Angeles County Community 6.1.g Packet Pg. 272 9-52 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Development Block Grant (CDBG) program, the City of Diamond Bar has access to services of the Long Beach Fair Housing Foundation for fair housing outreach and education, and counseling on housing discrimination complaints. Program H 14 in Section 9.5 describes additional actions the City will take to affirmatively further fair housing. Under State law, “affirmatively furthering fair housing” means “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” There are three parts to this requirement: 1. Include a Program that Affirmatively Furthers Fair Housing and Promotes Housing Opportunities throughout the Community for Protected Classes (applies to housing elements beginning January 1, 2019). 2. Conduct an Assessment of Fair Housing that includes summary of fair housing issues, an analysis of available federal, state, and local data and local knowledge to identify, and an assessment of the contributing factors for the fair housing issues. 3. Prepare the Housing Element land inventory and identification of sites through the lens of affirmatively furthering fair housing. In compliance with AB 686, the City has completed the following outreach and analysis. Outreach As discussed in Appendix C, the City held a total of five public meetings during the Housing Element update in an effort to include all segments of the community. Meetings included informal workshops in addition to the standard public hearing process. Notices prior to each meeting were sent directly to persons and organizations with expertise in affordable housing, supportive services and fair housing. Interested parties had the opportunity to interact with City staff throughout the Housing Element update process and provide direct feedback regarding fair housing issues. The City also created a dedicated web page for the Housing Element update (www.diamondbarca.gov/963/Housing -Element-Update) where meeting notices and agenda materials, an FAQ, and background information were posted. The City also provided opportunities for interested persons to participate in public meetings remotely, which made it possible for those with disabilities limiting their mobility to participate and comment on the Housing Element regardless of their ability to attend the meetings in person. Over the course of the Housing Element update the City received written comments from the following four organizations: • Abundant Housing LA (10/23/2020) • Los Angeles County Sanitation District (1/26/2021) • Responsible Land Use, a non- profit, public benefit group (3/23/2021) 6.1.g Packet Pg. 273 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-53 9.0 • Mitchell M. Tsai, Attorney for Southwest Regional Council of Carpenters (10/11/2021) Only one of these four commentors – Abundant Housing LA (AHLA) – mentioned fair housing in its letter. AHLA’s comments related to fair housing are summarized as follows: Comment: The sites inventory analysis should “Prioritizing high-opportunity census tracts and well-resourced areas (e.g., near transit, jobs, schools, parks, etc.) when selecting sites for lower- income housing opportunities, in order to affirmatively further fair housing. Housing elements must prioritize high- opportunity census tracts and well- resourced areas (e.g. near transit, jobs, schools, parks, etc.) when selecting sites for lower-income housing opportunities, in order to affirmatively further fair housing.” (AHLA, p. 2 & 5) These comments are addressed in the Diamond Bar 2040 General Plan and Housing Program H-8, which includes a commitment to amend development regulations consistent with the General Plan to allow higher densities in several Focus Areas described in Housing Element Section 9.4 and in Appendix B, the sites inventory. As recommended by AHLA, the Focus Areas are located near transit, jobs, schools and parks and provide the best opportunities for new affordable housing because existing single-family residential areas are fully developed. This rezoning strategy therefore affirmatively furthers fair housing in Diamond Bar. Comment: “Diamond Bar’s history details examples of how housing policy and land use regulations were once used to exclude members of minority groups. Redlining and restrictive covenants, which restricted where Black Americans could live, were once commonplace throughout Los Angeles County. Thankfully, Diamond Bar is more welcoming today; 18% of the city’s population is Hispanic and 56% of the city’s population is Asian- American9. However, exclusion continues on the basis of income: the median home sale price in Diamond Bar was $660,000 in 201810, and 51% of the city’s renters are “rent-burdened” (i.e. they spend more than 30% of their income on rent). High housing costs place a disproportionate burden on lower-income communities of color, and have the effect of excluding them from the city altogether. It is important to note that Diamond Bar incorporated in 1989 and by that time, the primarily low-density land use pattern of the city had already been established by development approved by Los Angeles County. While the City had no involvement in discriminatory real estate practices that may have occurred before its incorporation, the City’s forward-looking land use initiatives such as the General Plan Focus Areas will create significant opportunities for new affordable housing and address past patterns of discrimination. ADUs also create substantial opportunities for affordable housing in high-opportunity single- family neighborhoods. As described in Program H-14, the City will continue to support the fair housing efforts of the Housing Rights Center and through the following activities: • Ensure that all development applications are considered, reviewed, and approved without prejudice to the 6.1.g Packet Pg. 274 9-54 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 proposed residents, contingent on the development application’s compliance with all entitlement requirements. • Accommodate persons with disabilities who seek reasonable waiver or modification of land use controls and/or development standards pursuant to procedures and criteria set forth in the applicable development regulations. • Work with the County to implement the regional Analysis of Impediments to Fair Housing Choice and HUD Consolidated Plan. • Facilitate public education and outreach by posting informational flyers on fair housing at public counters, libraries, and on the City’s website. • Conduct public meetings at suitable times, accessible to persons with disabilities, and near public transit. Resources will be invested to provide interpretation and translation services when requested at public meetings when feasible. • Encourage community and stakeholder engagement during development decisions. Assessment of Fair Housing The following analysis examines geographic data regarding racial segregation, poverty, persons with disabilities, and areas of opportunity as identified by the TCAC/HCD Opportunity Areas map. Racial segregation. As seen in Figure 9- 4, the percentage of non-white population in Diamond Bar is similar to adjacent areas with the exception of a small area immediately north of the city that is part of the Cal Poly Pomona campus (formerly the Lanterman Developmental Center). This map does not indicate any patterns of racial/ethnic concentration or discrimination in the city. Poverty. Recent Census estimates regarding poverty status of households in Diamond Bar are shown in Figure 9-5. As seen in this map, the poverty rate is less than 10% for nearly all areas the city. One small area in the southwestern portion of the city near the SR-60 freeway has a slightly higher poverty rate of 10% to 20%. Racially/Ethnically Concentrated Areas of Poverty (R/ECAP). A racially or ethnically concentrated area of poverty (R/ECAPs) is defined by HUD as areas in which 50 percent or more of the population identifies as non-White and 40 percent or more of individuals are living below the poverty line. As shown in Figure 9-6, there are no R/ECAPs in Diamond Bar. The nearest designated R/ECAP is in Pomona, just north of the Diamond Bar boundary. Persons with disabilities. The incidence of disabilities is relatively low in most parts of Diamond Bar. As shown in Figure 9-7, the percentage of residents reporting a disability is less than 10% in the majority of the city, while the disability rate is 10% to 20% in the northern portion of the city. Disproportionate Housing Needs and Displacement Risk. As discussed in Section 9.2 (Housing Needs Assessment), housing needs in Diamond Bar are generally less severe than in the SCAG region as a whole. For example, data compiled by SCAG showed rates of overcrowding for both renters and owners (Table 9-3) and disability rates for seniors (Table 9-20) are lower in 6.1.g Packet Pg. 275 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-55 9.0 Diamond Bar than the regional averages. Displacement of low-income households can occur through the expiration of affordability restrictions on assisted low-income housing, escalation of market rents, or demolition of existing rental units. As noted in Section 9.2, there are no low- income rental units at risk of conversion to market rate during the 2021-2031 period. In addition, the Focus Areas targeted for redevelopment in the General Plan and the Housing Sites Inventory do not contain any housing units; therefore, there is no displacement risk of in these areas. Displacement mitigation strategies such as tenant protections, conservation of existing stock, preservation of units at- risk of conversion to market-rate uses, acquisition and rehabilitation of existing stock, including naturally occurring affordable housing, and removing barriers to building affordable housing are incorporated into the Housing Action Plan (Section 9.5). Access to opportunity. According to the 2020 California Department of Housing and Community Development (HCD) and the California Tax Credit Allocation Committee (TCAC) Opportunity Area Map (Figure 9-8), Diamond Bar is within the Moderate, High, and Highest Resource areas. High Resource areas are areas with high index scores for a variety of educational, environmental, and economic indicators. Some of the indicators identified by TCAC include high levels of employment and close proximity to jobs, access to effective educational opportunities for children and adults, low concentration of poverty, and low levels of environmental pollutants, among others. Contributing factors to fair housing issues. Under the Federal consolidated planning process, the Analysis of Impediments (AI) to Fair Housing Choice is the primary tool for addressing fair housing issues. The City of Diamond Bar was a participating city with the County of Los Angeles in the preparation of the 2018 AI. Based on extensive analysis of housing and community indicators, and the input of residents, a list of impediments to fair housing choice was developed. Appendix D includes a summary of the contributing factors to fair housing issues pertaining specifically to the Urban County and HACoLA’s service areas. These items are prioritized according to the following criteria: 1. High: Impediments/Contributing factors that have a direct and substantial impact on fair housing choice, especially in R/ECAP areas, affecting housing, those impacting persons with disabilities, and are core functions of HACoLA or the CDC. 2. Moderate: Impediments/ Contributing factors that have a direct and substantial impact on fair housing choice, especially in R/ECAP areas, affecting housing, those impacting persons with disabilities, and are core functions of HACoLA or the CDC, but the CDC or HACoLA may only have limited capacity to make a significant impact; or may not be within the core functions of HACoLA or the CDC. 3. Low: Impediments/Contributing factors that may have a direct and substantial impact on fair housing choice but are not within the core 6.1.g Packet Pg. 276 9-56 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 functions of HACoLA or the CDC or not within the capacity of these organizations to make significant impact, or not specific to R/ECAP neighborhoods, or have a slight or largely indirect impact on fair housing choice. The impediments/contributing factors identified and included in Appendix D are in relation to the fair housing issues listed below. The prioritization of these contributing factors relates to the ability of the CDC and HACoLA to address the fair housing issues. A low priority does not diminish the importance of the factor in the Urban County or HACoLA service areas but reflects the priority in addressing issues of fair housing. • Segregation • Racially or ethnically concentrated areas of poverty (R/ECAPs) • Disparities in Access to Opportunity • Disproportionate Housing Needs • Discrimination or violations of civil rights laws or regulations related to housing Program H 14 in Section 9.5 describes additional actions the City will take to affirmatively further fair housing during the planning period. 6.1.g Packet Pg. 277 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-57 9.0 Figure 9-2 Seismic Hazard Zones 6.1.g Packet Pg. 278 9-58 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-3 Fire Hazard Zones 6.1.g Packet Pg. 279 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-59 9.0 Figure 9-4 Racial Demographics Figure 9-5 Poverty Status 6.1.g Packet Pg. 280 9-60 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-6 Racially or Ethnically Concentrated Areas of Poverty 6.1.g Packet Pg. 281 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-61 9.0 Figure 9-7 Disability Status Figure 9-8 TCAC/HCD Opportunity Map 6.1.g Packet Pg. 282 9-62 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 9.5 HOUSING ACTION PLAN Sections 9.2 through 9.4 of this Housing Element describe the housing needs, opportunities and constraints in the City of Diamond Bar. This section presents the City's 8-year Housing Action Plan for the 2021-2029 planning period. This Plan sets forth Diamond Bar's goals, policies, and programs to address the identified housing needs of the City. GOALS AND POLICIES It is the overall goal of the plan that there be adequate housing in the City, both in quality and quantity, to provide appropriate shelter for all without discrimination. The goals and policies of the Housing Element presented below address Diamond Bar's identified housing needs and are implemented through a series of housing programs offered through the Community Development Department. Within this overarching goal, the City has established goals and policies to address the development, maintenance and improvement of the housing stock. H-G-1 Preserve and conserve the existing housing stock and maintain property values and residents' quality of life. H-P-1.1 Continue to offer home improvement and rehabilitation assistance to low- and moderate-income households, including seniors and the disabled. H-P-1.2 Continue to facilitate improvement of substandard units in compliance with City codes and improve overall housing conditions in Diamond Bar. H-P-1.3 Promote increased awareness among property owners and residents of the importance of property maintenance to long- term housing quality. H-G-2 Provide opportunities for development of suitable housing to meet the diverse needs of existing and future residents. H-P-2.1 Provide favorable home purchasing options to low- and moderate-income households through County and other homebuyer assistance programs. H-P-2.2 Continue outreach and advertising efforts to make more residents aware of homebuyer assistance programs and to enhance program utilization. H-P-2.3 Maintain affordability controls on government-assisted housing units in the City. 6.1.g Packet Pg. 283 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-63 9.0 H-P-2.4 Facilitate the development of accessory dwelling units (ADUs) as a means to provide affordable housing opportunities in existing neighborhoods. H-G-3 Provide adequate sites through appropriate land use and zoning designations to accommodate future housing growth. H-P-3.1 Maintain an inventory of potential sites available for future housing development. H-P-3.2 Encourage infill and mixed-use opportunities within the General Plan Focus Areas. H-P-3.3 Coordinate with local colleges and universities to expand the availability of housing for faculty and staff. H-G-4 Mitigate potential governmental constraints which may hinder or discourage housing development in Diamond Bar. H-P-4.1 Continue to provide regulatory incentives and concessions to facilitate affordable housing development in the City. H-P-4.2 Promote the expeditious processing and approval of residential projects that meet General Plan policies and City regulatory requirements. H-P-4.3 Pursuant to the City's Affordable Housing Incentives Ordinance, allow modifications to development standards for projects with an affordable housing component. H-P-4.4 Periodically review City regulations, ordinances, departmental processing procedures and residential fees related to rehabilitation and/or construction to assess their impact on housing costs, and revise as appropriate. H-G-5 Encourage equal and fair housing opportunities for all economic segments of the community. H-P-5.1 Continue to support enforcement of fair housing laws prohibiting arbitrary discrimination in the building, financing, selling or renting of housing on the basis of race, religion, family status, national origin, physical handicap or other such circumstances. H-P-5.2 Refer persons with fair housing complaints to the appropriate agency for investigation and resolution. H-P-5.3 Encourage apartment managers and owners to attend fair housing seminars offered by the Apartment Association of Greater Los Angeles. 6.1.g Packet Pg. 284 9-64 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 HOUSING PROGRAMS Housing Element goals and policies are implemented through a series of housing programs described below. Pursuant to §65583 of the Government Code, a city’s housing programs must address the following major areas: • Conserve and improve the condition of the existing supply of affordable housing; • Assist in the development of adequate housing to meet the needs of extremely-low, very-low, low, and moderate-income households; • Provide adequate sites to accommodate the city’s share of the regional housing need for households of each income level; • Remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities; • Promote the creation of accessory dwelling units that can be offered at affordable rents; • Affirmatively furthering fair housing and promote equal housing opportunity • Include a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element. Diamond Bar’s programs for addressing these requirements are described in this section. Conserve and Improve the Condition of Existing Affordable Housing Conserving and improving the condition of the housing stock is an important goal for Diamond Bar. Although the majority of the City's housing stock is in good condition, a significant portion of the housing stock is over 30 years old, the age when most homes begin to require major rehabilitation improvements. By identifying older residential neighbor- hoods for potential housing rehabilitation, the City has taken a proactive approach to maintaining the quality of its current housing stock. The focus neighborhoods identified by this Plan as evidencing physical problem conditions can be specifically targeted for City housing improvement assistance. Program H -1. Residential Neighborhood Improvement Program The City implements a proactive Neighborhood Improvement Program and neighborhood inspections are conducted on a regular basis throughout the entire City. The checklist for residential violations includes inoperable vehicles, trash storage, parking on paved areas only, structure maintenance, landscape maintenance, and fence and wall maintenance. After the neighborhood inspection, letters are sent out to all property owners in areas where violations have been observed. A follow-up inspection will be conducted, at which time any noticed properties found to be in violation of the Municipal Code are subject to a $100 citation. 6.1.g Packet Pg. 285 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-65 9.0 When problems are observed, inspectors may refer residents to the Home Improvement Program (see Program H-2). Eight-year objective: Continue to implement the code enforcement program, and direct eligible households to available rehabilitation assistance to correct code violations. Provide focused code enforcement and rehabilitation assistance for 5 to 6 households during the planning period in neighborhoods evidencing concentrations of deteriorating units. Responsible agency: Community Development Department. Timeline: Throughout the planning period. Program H -2. Home Improvement Program The City uses CDBG funds for minor home repair through the Home Improvement Program, where low/moderate income householders may receive up to a $20,000 no interest, deferred loan for home repair and rehabilitation. The City promotes and coordinates this program by posting information, reviewing applications and disbursing grant funds to eligible applicants. Eight-year objective: Minor repair and rehabilitation for 4 units annually. Responsible agency: Community Development Department. Timeline: Throughout the planning period. Program H -3. Section 8 Rental Assistance Program The Section 8 Rental Assistance Program extends rental subsidies to extremely-low- and very-low-income households who spend more than 30% of their gross income on housing. Rental assistance not only addresses housing affordability, but also overcrowding by assisting families that may be "doubling up" in order to afford rent. The Los Angeles County Development Authority (LACDA) coordinates Section 8 rental assistance on behalf of the City. The City will continue to provide rental assistance information and referrals to LACDA. Eight-year objective: Continue to direct eligible households to the County Section 8 program. Responsible agency: LACDA. Timeline: Throughout the planning period. Program H -4. Preservation of Assisted Housing Diamond Bar contains only one assisted housing project, the 149-unit Seasons Apartments (formerly Heritage Park) for senior citizens. This project was constructed in 1988 and was originally financed under the Los Angeles County Multi-Family Mortgage Revenue Bond program. The project was 6.1.g Packet Pg. 286 9-66 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 refinanced in November 1999 under the California Community Development Authority's Multi-Family Housing Re-funding Bond, and was transferred to the Corporate Fund for Housing, a non-profit organization. According to the terms of the new bond agreement, income restrictions for residents and corresponding rent limits were set. For the duration of the bond, which expires December 2, 2034, all units will be affordable: 30 units (20%) will be very-low-income, 82 units (55%) will be low-income, and 37 units will be moderate-income (defined as 100% AMI). Eight-year objective: Preserve 100% of the 149 low- and moderate- income units in the Seasons Apartments. Responsible agency: Community Development Department Timeline: Throughout the planning period Program H -5. Mobile H ome Park Preservation There are two mobile home parks in Diamond Bar, both located in the western portion of the City: Diamond Bar Estates and Walnut Creek Estates. These mobile home parks were developed before incorporation of the City on land previously designated as Industrial under the County's jurisdiction. The 2040 Diamond Bar General Plan Land Use Map adopted in 2019 designatesd both mobile home parks "residential" in order to preserve their status and prevent future inconsistencies. This designation in the General Plan works to preserve the parks since any proposed land use change would require an amendment to the City's General Plan and Zoning Ordinance, as well as adherence to State mobile home park closure requirements. Eight-year objective: The City will continue to support preservation of its two mobile home parks as important affordable housing resources. Responsible agency: Community Development Department Timeline: Continuously throughout the planning period Assist in the Development of Affordable Housing To enable more households to attain homeownership in Diamond Bar, the City participates in two mortgage assistance programs: the Homebuyer Assistance Program and the Mortgage Credit Certificate (MCC). These programs are very important given that housing prices in Diamond Bar rank among the highest in eastern Los Angeles County and northern Orange County. The City is also supportive of the development of senior housing to meet the needs of its growing senior population and multi-family rental housing for lower-income households, including working families and university students. Program H -6. First -Time Homebuyer Assistance Programs Los Angeles County offers a first-time homebuyer assistance program and Mortgage Credit Certificates. To be eligible, families must meet the specified 6.1.g Packet Pg. 287 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-67 9.0 income requirements and be able to pay a 1% down payment on their home. The City of Diamond Bar provides referral information to prospective buyers at the public counter and on the City website. 6.a Home Ownership Program (HOP) The Los Angeles County Home Ownership Program (HOP) provides zero- interest loans with no repayment due until the home is sold, transferred, or refinanced. The loan is secured by a second trust deed and a promissory note. The home must be owner-occupied for the life of the loan. 6.b Mortgage Credit Certificate (MCC) The Mortgage Credit Certificate (MCC) program is a federal program that allows qualified first-time homebuyers to take an annual credit against federal income taxes of up to 15% of the annual interest paid on the applicant's mortgage. This enables homebuyers to have more income available to qualify for a mortgage loan and make the monthly mortgage payments. The value of the MCC must be taken into consideration by the mortgage lender in underwriting the loan and may be used to adjust the borrower's federal income tax withholding. The MCC program has covenant restrictions to ensure the affordability of the participating homes for a period of 15 years. MCCs can be used in conjunction with the Home Ownership Program (HOP). Eight-year objective: The City will advertise these programs and provide information to interested homebuyers. In addition, the City will work with realtors to make them aware of these programs. Responsible agency: Community Development Department Timeline: Continuously throughout the planning period Program H -7. Senior and Workforce Housing Development With a growing portion of the City's population 65 years of age and above, Diamond Bar will continue to need housing and services for seniors. Particularly those seniors 75 years and older will begin to require housing with a supportive service component. In addition, occupations for which high housing costs make it difficult for working-age households to live in Diamond Bar include teachers, police and firefighters. Several colleges and universities are also located within commuting distance of Diamond Bar. The City will continue to coordinate with these institutions to identify potential partnership opportunities for affordable faculty/staff housing. The City will encourage the development of senior and workforce housing, including units affordable to very-low- and extremely-low-income persons as well as units with 3-4 bedrooms suitable for large families, if feasible, in several 6.1.g Packet Pg. 288 9-68 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 ways. First, the City will identify suitable sites for multi-family development in the Housing and Land Use Elements, including zoning to encourage and facilitate lower-cost housing options such as SROs. Second, the City will offer regulatory incentives, and/or direct financial assistance appropriate to the project when feasible. The following are among the types of incentives which may be provided: • Priority application processing • Fee waivers or deferrals • Coordination with off-site infrastructure improvements • Flexible development standards • Density bonuses • City support to developers in affordable housing funding applications It must be recognized that the City’s ability to offer direct financial subsidies is limited, particularly in light of current fiscal conditions. The City has no local source of housing assistance funds, and its CDBG revenue is only about $232,000 per year currently (see Section 9.3 for further discussion of the City’s financial resources). Given these financial limitations, the City’s primary efforts to encourage and facilitate affordable housing production are through its land use regulations and staff support to interested developers in applying for grant funds, and cooperation with the Los Angeles County Development Authority (LACDA) on its assistance programs. Pursuant to the City's Affordable Housing Incentives Ordinance, the City provides modified development standards, including parking reductions, for senior and affordable projects. A portion of the City's CDBG funds can be used to help finance senior and workforce housing projects. New housing developments in Diamond Bar may also be eligible for funding sources identified in Section 9.3, Resources and Opportunities. Typically, local assistance can serve as gap financing to bridge the difference between the total project cost and the equity investment plus debt. Eight-year objective: The City will identify sites suitable for new senior and workforce housing and post information on the City website throughout the planning period regarding the City's interest in assisting in the development of senior and workforce housing, provide information on available regulatory and financial incentives, and assist developers in applying for funds. The City will also collaborate with local colleges and universities to identify potential partnership opportunities for affordable housing. The City’s quantified objectives for housing production during the 2021-2029 planning period are described in Table 9-35. Responsible agency: Community Development Department Timeline: Continuously throughout the planning period Provide Adequate Sites to Accommodate the City’s Share of Regional Housing Need 6.1.g Packet Pg. 289 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-69 9.0 A major element in meeting the housing needs of all segments of the community is the provision of adequate sites for all types, sizes and prices of housing. The City's General Plan, Development Code and specific plans describe where housing may be built, thereby affecting the availability of land for residential development. Specific housing sites are identified in Appendix B. Program H -8. Land Use Elemen t and Development Regulations The City completed a comprehensive update to the General Plan in 2019. The Land Use Element of the General Plan, as discussed previously in Section 9.3, provides for a variety of housing types in Diamond Bar, with densities ranging up to 30 dwelling units per acre. In addition, the new General Plan established several “focus areas” where additional development and redevelopment are encouraged, including multi-family residential and mixed-use. As described in Appendix B, General Plan land use designations provide adequate capacity to accommodate the City’s RHNA allocation at all income levels for the 2021-2029 period. The City is currently processing amendments to the Development Code to align development regulations with new General Plan land use designations and comply with the following requirements pursuant to Government Code Sec. 65583.2(h). • Permit owner-occupied and rental multifamily uses by right for developments in which 20 percent or more of the units are affordable to lower income households. By right means local government review must not require a conditional use permit, planned unit development permit, or other discretionary review or approval. • Permit the development of at least 16 units per site. • Require a minimum density of 20 units per acre; and • Ensure a) at least 50 percent of the shortfall of low- and very low- income regional housing need can be accommodated on sites designated for exclusively residential uses, or b) if accommodating more than 50 percent of the low- and very low-income regional housing need on sites designated for mixed-uses, all sites designated for mixed-uses must allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project. As part of the Development Code update, residential and mixed-use parking requirements will be revised in conformance with General Plan policies described previously in Section 9.4 Constraints. The Development Code update will also include revisions to streamline the review process, including SB 35 review procedures and objective standards to minimize constraints on housing supply and affordability. 6.1.g Packet Pg. 290 9-70 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 The City shall continue to comply with the “no net loss” provisions of Government Code §65863 through ongoing project-by-project evaluation to ensure that adequate sites are available to accommodate the City’s RHNA share throughout the planning period. The City shall not reduce the allowable density of any site in its residential land inventory, nor approve a development project at a lower density than assumed in the Housing Element sites inventory, unless both of the following findings are made: a) The reduction is consistent with the adopted General Plan, including the Housing Element; and b) The remaining sites identified in the Housing Element are adequate to accommodate the City’s remaining share of regional housing need pursuant to Government Code §65584. If a reduction in residential density for any parcel would result in the remaining sites in the Housing Element land inventory not being adequate to accommodate the City’s share of the regional housing need pursuant to §65584, the City may reduce the density on that parcel if findings are made identifying sufficient additional, adequate and available sites with an equal or greater residential density so that there is no net loss of residential unit capacity. Eight-year objectives: Maintain adequate sites for housing development at all income levels in conformance with the RHNA and ensure compliance with No Net Loss requirements. Process a Development Code amendment within three years of Housing Element adoption to update land use regulations consistent with the 2040 General Plan. Responsible agency: Community Development Department Timeline: Development Code amendment within three years of Housing Element adoption Program H -9. Mixed Use Development The 2040 General Plan encourages mixed-use development in three focus areas, which could provide housing close to transit and places of employment (see additional discussion in Appendix B). The City will encourage property owners and developers to pursue mixed-use development in these focus areas to accommodate a portion of the city’s low- and moderate-income housing needs during this planning period. Mixed-use can also reduce vehicle trips, make more efficient use of land and parking areas, and facilitate energy conservation. Incentives the City may offer to encourage and facilitate redevelopment in these areas include the following: • Coordination with off-site infrastructure improvements) • Flexible development standards • Density bonuses 6.1.g Packet Pg. 291 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-71 9.0 • Support to developers in seeking funding for affordable housing Eight-year objective: The City will prepare a handout and marketing materials encouraging mixed-use development where appropriate and make it available to interested developers throughout the planning period. Responsible agency: Community Development Department Timeline: Publish handout with marketing materials within 6 months of Housing Element adoption and continuously thereafter Program H -10. Accessory Dwelling Units Accessory dwelling units (ADUs) provide an important source of affordable housing for seniors, young adults and other low- and moderate-income households. The City is currently processingadopted an amendment to the Development Code in 2021 to incorporate recent changes to State ADU law, and will continue to encourage ADU production through public information available at City Hall and on the City website. Eight-year objective: Process a Development Code amendment consistent with current ADU law in 2021 and cContinue to encourage construction of ADUs through an informational handout available at City Hall and on the City website throughout the planning period. Responsible agency: Community Development Department Timeline: Publish ADU handout with marketing materials within 6 months of Housing Element adoption and continuously thereafter Removing Governmental Constraints to Housing Under current State law, the Housing Element must address, and where legally possible, remove governmental constraints affecting the maintenance, improvement, and development of housing. The following programs are designed to mitigate government constraints on residential development and facilitate the development of a variety of housing. Program H -11. Emergency Shelters, Low Barrier Navigation Centers and Transitional/Supportive Housing Senate Bill 2 of 2007 strengthened planning requirements for emergency shelters and transitional/supportive housing. The Development Code allows emergency shelters by-right in the Light Industry (I) zone in compliance with SB 2 and also allows transitional and supportive housing as a residential use subject to the same standards as other residential uses of the same type in the same zone. In 2018 AB 2162 amended State law to require that supportive housing be a use by-right in zones where multi-family and mixed uses are permitted, 6.1.g Packet Pg. 292 9-72 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 including non-residential zones permitting multi-family uses, if the proposed housing development meets specified criteria. AB 101 (2019) added the requirement that low barrier navigation centers meeting specified standards be allowed by-right in areas zoned for mixed use and in non-residential zones permitting multi-family uses pursuant to Government Code §65660 et seq. The City is currently processing a Development Code amendment to allow supportive housing and low barrier navigation centers consistent with State law. The City will also continue to work cooperatively with the Los Angeles Homeless Services Authority and the San Gabriel Valley Council of Governments in its efforts to develop a regional strategy for addressing homelessness. Eight-year objectives: 1. Continue to facilitate emergency shelters and transitional/ supportive housing, and continue participating with LAHSA and SGVCOG on efforts to address homelessness throughout the planning period. 2. Process an amendment to the Development Code in 20221 to allow supportive housing and low barrier navigation centers consistent with State law. Responsible agency: Community Development Department Timeline: Development Code amendment in 2022; support efforts to address homelessness throughout the planning period Program H -12. Affordable Housing Incentives/Density Bonus To facilitate the development of affordable housing, the City utilizes Affordable Housing Incentives/Density Bonus Provisions (Development Code Chapter 22.18). Incentives described in Chapter 22.18 apply to developments of five or more dwelling units. If a density bonus and/or other incentives cannot be accommodated on a parcel due to strict compliance with the provisions of the Development Code, the Council may waive or modify the development standards as necessary to accommodate bonus units and other incentives to which the development is entitled. AB 2345 of 2020 revised State Density Bonus Law to increase incentives for affordable housing. The City is currently processing an amendment to the Development Code in conformance with AB 2345. Eight-year objective: The City will amend the Development Code in 2021 consistent with current Density Bonus Law and continue to encourage the production of affordable housing through the use of density bonus and other incentives. Responsible agency: Community Development Department 6.1.g Packet Pg. 293 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-73 9.0 Timeline: Development Code amendment in 2021/22 Program H -13. Efficient Project Processing The City is committed to a streamlined development process and has adopted procedures to facilitate efficient permit processing. Prospective applicants are strongly encouraged to request a pre-application conference with the Community Development Department before formal submittal of an application. The purpose of this conference is to inform the applicant of City requirements as they apply to the proposed development project, review the procedures outlined in the Development Code, explore possible alternatives or modifications, and identify necessary technical studies or other supporting materials relating to the proposed development. This process helps to minimize the time required for project review by identifying issues early in the process before extensive engineering and architectural design work has been done. Consistent with new transparency laws, zoning, development standards and fees will be posted on the City website. Eight-year objective: The City will continue to offer the pre-application conference and streamlined development processing, and periodically review departmental processing procedures to ensure efficient project processing. Zoning, development standards and fees will be posted on the City website throughout the planning period. Responsible agency: Community Development Department Timeline: Post zoning, development standards and fees on the City website in FY 2021/22 and continuously thereafter Affirmatively Furthering Fair Housing and Equal Housing Opportunities To adequately meet the housing needs of all segments of the community, the City promotes housing opportunities for all persons regardless of race, religion, gender, family size, marital status, ancestry, national origin, color, age, or physical disability. Program H -14. Affirmatively Furthering Fair Housing As a participating city in the Los Angeles County CDBG program, Diamond Bar has access to the services of the Housing Rights Center for fair housing outreach, education, and counseling on housing discrimination complaints. The City will continue to advertise the fair housing program through placement of fair housing service brochures at the public counter, at the Senior Center, through the City's newsletter, and on the City website. Apartment owners and managers are provided with current information about fair housing issues, rights and responsibilities. The Apartment Association of Greater Los Angeles conducts seminars on State, Federal and local Fair Housing laws and compliance issues. In addition, the City will: 6.1.g Packet Pg. 294 9-74 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 • Ensure that all development applications are considered, reviewed, and approved without prejudice to the proposed residents, contingent on the development application’s compliance with all entitlement requirements. • Accommodate persons with disabilities who seek reasonable waiver or modification of land use controls and/or development standards pursuant to procedures and criteria set forth in the applicable development regulations. • Work with the County to implement the regional Analysis of Impediments to Fair Housing Choice and HUD Consolidated Plan. • Facilitate public education and outreach by posting informational flyers on fair housing at public counters, libraries, and on the City’s website. • Conduct public meetings at suitable times, accessible to persons with disabilities, and near public transit. Resources will be invested to provide interpretation and translation services when requested at public meetings when feasible. • Encourage community and stakeholder engagement during development decisions. Eight-year objective: The City will continue to promote fair housing practices, provide educational information on fair housing to the public, and cooperate with the Greater Los Angeles Apartment Association in providing fair housing information to landlords and at libraries, senior centers, recreation centers, and Social Security and employment offices. The City will continue to refer fair housing complaints to the Housing Rights Center. Responsible agency: Community Development Department; Housing Rights Center Timeline: Throughout the planning period Program H -15. Reasonable Accommodation for Persons with Disabilities State law requires cities to remove constraints or make reasonable accommodations for housing occupied by persons with disabilities. The City will continue to implement adopted procedures for reviewing and approving requests for reasonable housing accommodations pursuant to State law. Eight-year objective: The City will continue to implement reasonable accommodation procedures for persons with disabilities in compliance with State law. Responsible agency: Community Development Department Timeline: Throughout the planning period 6.1.g Packet Pg. 295 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-75 9.0 Table 9-35: Quantified Objectives 2021-2029, Diamond Bar Income Category Totals Ex. Low V. Low Low Mod Above Mod New constructiona 422 422 434 437 806 2,521 Rehabilitation 5 5 10 20 - 40 Conservationb - 30 82 37 - 149 a Quantified objective for new construction is for the period 7/1/2021 – 10/15/2029 per the RHNA projection period b The Seasons senior apartments 6.1.g Packet Pg. 296 9-76 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Appendix A Evaluation of the Prior Housing Element Section 65588(a) of the Government Code requires that jurisdictions evaluate the effectiveness of the existing Housing Element, the appropriateness of goals, objectives and policies, and the progress in implementing programs for the previous planning period. This appendix summarizes the results of the City’s review of the housing goals, policies, and programs of the previous Housing Element, and evaluates the degree to which these programs have been implemented during the previous planning period. As discussed in Section 9.4-Constraints, the City adopted a new General Plan in 2019. As part of this Housing Element update, the goals and policies of the previous Housing Element were reviewed for consistency with the new General Plan and current State housing law, and Policy H-P-3.2 was updated to reflect the new emphasis on mixed-use development in the General Plan Focus Areas. All programs were also reviewed and updated to reflect current circumstances, including the needs assessment and potential constraints, and the evaluation of City progress in implementing prior programs. Table A-1 summarizes the programs contained in the previous Housing Element along with program objectives, timeframe and accomplishments. Table A-2 presents the City’s progress toward the quantified objectives from the previous Housing Element. 6.1.g Packet Pg. 297 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-77 9.0 Table A-1 2013-2021 Housing Element Program Evaluation City of Diamond Bar Housing Program Program Objectives Timeframe Implementation Status and Future Actions 1. Residential Neighborhood Improvement Program Proactive program conducts neighborhood inspections on a regular basis throughout the entire city/focused code enforcement linked with rehabilitation assistance to correct code violations. Ongoing The City continues to operate the code enforcement program. This program is successful and is being continued. 2. Home Improvement Program Improve neighborhoods evidencing deferred maintenance through property maintenance and rehab. Provide minor repair and rehabilitation to 10 units annually. Ongoing The HIP is successful in improving housing conditions and should be continued at available funding levels. 3. Single-Family Rehabilitation Program Provide ongoing advertisement of loans available through the County for qualified homeowners. Ongoing The program has been merged with Program 2. 4. Section 8 Rental Assistance Program Direct eligible households to the County Section 8 program. Ongoing This program is beneficial in reducing problems such as overpayment and overcrowding.e City continues to coordinate with the County on the Section 8 program. The program is should being continued. 5. Preservation of Assisted Housing Preserve 100 percent of the 149 low- and moderate- income units in The Seasons Apartments. Ongoing The Seasons Senior Apartments continued its affordability covenant throughout the planning period. This program is successful and will be continued. 6. Mobile Home Park Preservation Support preservation of City's two mobile home parks as important affordable housing resources. Maintain residential zoning, and enforce State closure requirements as necessary. Ongoing Zoning for mobile home parks is successful in preserving this affordable housing option and is being continued. No proposals to close the parks were submitted. The program is being continued. 7. First-time Homebuyer Assistance Programs Advertise County's Home Ownership Program (HOP) and Mortgage Credit Certificate (MCC) and provide information to interested homebuyers. In addition, the City will work with realtors to make them aware of these programs. Ongoing This program helps expand home ownership and the City will continue to provide information on this County program. The program is being continued. 8. Senior and Workforce Housing Development Identify and evaluate sites suitable for new senior and workforce housing. The City will post information on the City website during the first year of the planning period regarding the City's interest in assisting in the development of senior and workforce housing, provide information on available regulatory and financial incentives, and assist developers in applying for funds. The City will also contact local colleges and universities annually to identify potential partnership opportunities for affordable housing. Ongoing This program is intended to encourage affordable housing development and should being continued. 9. Land Use Element and Zoning Maintain adequate sites commensurate with the RHNA. Ongoing The City has maintained adequate sites for housing development at all income levels and ensure compliance with No Net Loss requirements. This program is being revised and expanded to reflect the new RHNA allocation for the 2021-2029 periodcontinued. 10. Mixed Use Development The City will prepare a handout and marketing materials encouraging mixed use development where appropriate and make it available to interested developers during the first year of the planning period. A review of potential Ongoing In December 2019, the City adopted the Comprehensive General Plan Update that created community visions and blueprint for growth and 6.1.g Packet Pg. 298 9-78 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Housing Program Program Objectives Timeframe Implementation Status and Future Actions areas that may be appropriate for mixed-use development will be initiated by 2015 as part of a comprehensive General Plan update. development in the City through 2040. This program is an important component of the City’s overall strategy to revitalize older areas and expand housing production and is being continued. 11. Second Units Continue to encourage construction of accessory dwelling units pursuant to the provisions of its Accessory Dwelling Unit Ordinance, and make an informational handout available for distribution at the public counter. Ongoing InOn May 2, 2017, the City approved an amendment to the municipal code pertaining to accessory dwelling units to satisfy all of the requirements of Government Code §§65852.150- 65852.2. Per AB 68 (Ting), AB 587 (Friedman), AB 671 (Friedman), AB 881 (Bloom), SB 13 (Wieckowski) that went into effect January 1, 2020. In 2021 Tthe City has been processing newadopted a subsequent amendment to ADU regulations in accordance with the new State laws. The City continues to encourage accessory dwelling units and this program is being continued. 12. Emergency Shelters and Transitional/ Supportive Housing Continue to facilitate emergency shelters and transitional/supportive housing, and continue participating in the SGVCOG homeless study to address homelessness. Ongoing This program creates opportunities for a variety of housing for persons with special needs and is being continued with revisions to ensure compliance with recent changes to State law. 13. Redevelopment of Underutilized Sites Encourage interested property owners to pursue redevelopment of underutilized properties though the provision of incentives and concessions. Ongoing The City has continued to encourage the redevelopment of underutilized sites. This program is being continued and will be enhanced by the new General Plan and the Development Code update. 14. Affordable Housing Incentives/ Density Bonus Encourage the production of affordable housing through the use of density bonus, and provide a handout summarizing the benefits and requirements of affordable housing incentives/density bonus provisions. Ongoing This program is being continued in compliance with recent changes to State density bonus law. 15. Efficient Project Processing Continue to offer streamlined development processing, and periodically review departmental processing procedures to ensure efficient project processing. Ongoing The City continued to offer efficient permit processing. This program is appropriate and will be enhanced through revisions to the Development Codebeing continued. 16. Fair Housing Program Continue to promote fair housing practices, provide educational information on fair housing to the public, and cooperate with the Greater Los Angeles Apartment Association in providing fair housing information to landlords and at libraries, senior centers, recreation centers, and Social Security and employment offices. Continue to refer fair housing complaints to the San Gabriel Valley and Long Beach Fair Housing Foundation, and maintain an open dialogue with the Foundation regarding the nature of complaints received. Ongoing This program is being continued and expanded to reflect new requirements to affirmatively further fair housing. 17. Reasonable Accommodation for Persons with Disabilities Continue to implement reasonable accommodation procedures for persons with disabilities in compliance with SB520. Ongoing This program is an important component of the City’s overall efforts to address the special housing needs of persons with disabilities and is being continued. 6.1.g Packet Pg. 299 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021- 2029 9-79 9.0 Table A-2 Progress in Achieving Quantified Objectives – 2013-2021 City of Diamond Bar Program Category Quantified Objective Progress New Construction Very Low (Ex. Low) 308 (154) 1 (0) Low 182 12 Moderate 190 0 Above Moderate 466 312 Total 1,146 325 Rehabilitation Very Low Low 25 Moderate 25 Above Moderate Total 50 Conservation Very Low 76* 76* Low 82 82 Moderate 37 37 Above Moderate Total 195 195 *46 Section 8 units + 30 senior apartments (The Seasons) 6.1.g Packet Pg. 300 9-80 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Appendix B Residential Sites Inventory The assumptions and methodology for the residential sites inventory are provided below. Methodology for the Sites Inventory Analysis The residential sites inventory is comprised of three components: 1) approved projects; 2) underutilized (non-vacant) sites with potential for additional residential development or redevelopment; and 3) potential accessory dwelling units (ADUs). Potential sites for residential development during the 2021-2029 planning period are summarized in Table B-1. As shown in this table, adequate capacity is available to accommodate the City’s RHNA allocation in all income categories; however, zoning amendments are required to reconcile development regulations with the recently adopted General Plan (see Program H-8 in Section 9.5). Additional analysis to support this finding is provided in the discussion below and in Tables B-2 through B-6. Table B-1 Residential Sites Summary Site Category Income Category VL Low Mod Above Mod Total Approved projects (Table B-2) - - - 12 12 Town Center Mixed Use Sites to be Rezoned (Table B-3) - - 196 411 215 411 Neighborhood Mixed Use Sites to be Rezoned (Table B-4) 500 800 351 500 262 500 1,781 1,094 2,894 Transit-Oriented Mixed Use Sites to be Rezoned (Table B-5) 397 400 398 395 - - 795 Potential ADUs (Table B-6) 1015 1828 1 1320 4264 Total sites inventory 912 1,215 777 923 459 912 2,028 1,126 4,176 RHNA 2021-2029 842 433 436 805 2,516 Adequate Sites? Yes Yes Yes Yes Yes Source: City of Diamond Bar, 2021 6.1.g Packet Pg. 301 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-81 9.0 Approved Projects Table B-2 summarizes residential developments that have received some form of approval and will become available during the planning period. The income levels for these projects are based upon the expected sales prices or rents. Table B-2 Approved Projects Project / Location Income Category VL Low Mod Above Mod Total Custom homes (Country) - - - 12 12 Total Units - - - 12 12 Source: City of Diamond Bar, 2021 Underutilized Sites Underutilized sites with potential for additional residential development or redevelopment are listed in Tables B-3 through B-5. These sites are within the General Plan Focus Areas discussed below. Sites that allow residential or mixed-use development at a density of at least 30 units/acre are considered suitable for all income categories based on State default density, while sites allowing up to 20 units per acre were assigned to the moderate or above-moderate income categories. In the Focus Areas where mixed-use development is encouraged, development intensity is regulated by floor area ratio as described in the following chart. 6.1.g Packet Pg. 302 9-82 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Focus Areas. As described in Section 9.4, Constraints, the City adopted a comprehensive General Plan update10 in 2019. One of the key features of the new General Plan was the establishment of several new Focus Areas where substantial land use changes are planned as part of a strategy to provide walkable mixed-use activity centers. These Focus Areas provide opportunities for infill development that can incorporate a range of housing, employment, and recreational uses to meet the needs of families, young people, senior citizens, and residents of all incomes. Three of these Focus Areas, summarized below, are expected to facilitate the development of a significant portion of the City’s RHNA allocation during the planning period. Development standards include residential densities (housing units per acre) and floor area ratio (FAR), which is the ratio of building floor area to lot area. • The Town Center Focus Area, located along Diamond Bar Boulevard between SR-60 and Golden Springs Drive, is intended to build on the success of recent commercial redevelopment in that area. The Town Center is designated for mixed-use development that would serve as a center of activity for residents and provide housing, entertainment and retail opportunities and community gathering spaces in a pleasant, walkable environment. The General Plan establishes a maximum residential density of 20.0 dwelling units per acre and a maximum FAR up to 1.5 for this Focus Area (Table B-3). • The Neighborhood Mixed Use Focus Area is envisioned as a combination of residential and ancillary neighborhood-serving retail and service uses to promote revitalization of the segment of North Diamond Bar Boulevard between the SR-60 interchange and Highland Valley Road. This neighborhood has potential to benefit from its proximity to Mt. San Antonio College and Cal Poly Pomona. This General Plan land use designation has an allowable residential density of up to 30.0 dwelling units per acre and a maximum FAR of 1.25 (Table B-4). • The Transit-Oriented Mixed Use Focus Area leverages underutilized sites adjacent to the Metrolink commuter rail station to provide for higher-density housing, offices, and supporting commercial uses close to regional transit. This area encourages new employment and housing development in a key location that emphasizes multi-modal transportation options. This General Plan designation allows residential development at a density of 20.0 to 30.0 dwelling units per acre and a maximum FAR of 1.5 (Table B-5). The 204019 General Plan provides the guiding framework for development in these Focus Areas; however, zoning regulations have not yet been amended to reflect General Plan policy for these areas. The City is currently in the process of updating the Development Code to revise land use regulations for these Focus Areas consistent with the standards established in the new General Plan within three years, pursuant to Government Code §65583(c)(1)(A) (see Program H-8 in Section 9.5). The development assumptions reflected in Tables B-35a through B-5c are based upon the new General Plan land use designations rather than current zoning designations. Realistic Capacity and Suitability of Non-Vacant Sites. Since the General Plan designation for these Focus Areas is for mixed use and does not require residential 10 https://www.diamondbarca.gov/961/General-Plan-2040 6.1.g Packet Pg. 303 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-83 9.0 development on every parcel, the capacity for new housing is estimated as 50% of the total allowable number of units in on each parcelFocus Area. In addition, parcels smaller than 0.5 acre have been conservatively excluded from the potential unit totals pursuant to Government Code §65583.2(c)(2)(A). Pursuant to Government Code Sec. 65583.2(h), zoning for the sites listed in Tables B-3, B-4 and B-5 shall ensure that: a) at least 50% of the shortfall of low- and very low-income regional housing need can be accommodated on sites designated for exclusively residential uses; or b) if accommodating more than 50% of the low- and very low-income regional housing need on sites designated for mixed-uses, all sites designated for mixed- uses must allow 100% residential use and require residential use to occupy at least 50% of the floor area in a mixed-use project. The estimated yield of parcels in the Focus Areas is considered to be realistic due to the significant development potential compared to existing development FAR. As seen in Tables B-3 through B-5, the existing FAR for most properties is well below 0.5 and the average FAR for all properties are as follows: Town Center Mixed Use: 0.33 average FAR Neighborhood Mixed Use: 0.09 average FAR Transit-Oriented Mixed Use: 0.27 average FAR The significant potential increase in development creates a strong economic investment incentive for redevelopment, and as a result, the existing uses are likely to be discontinued during the planning period. Affirmatively Furthering Fair Housing. Sites for additional housing are located throughout the community to affirmatively further fair housing. For example, the three new mixed-use areas provide significant potential for housing in areas with good access to jobs, transportation, education and services, while opportunities for ADUs are located in the city’s lower-density single-family neighborhoods, thereby avoiding segregated living patterns and facilitating truly integrated and balanced living patterns and areas of opportunity. 6.1.g Packet Pg. 304 9-84 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table B-3 Town Center Mixed Use Sites to be Rezoned Address APN Existing Zoning Acreage Allowable Density Total Potential Units Existing Use Existing FAR Publicly Owned? Lower Mod Above Mod 23525 GOLDEN SPRINGS DR 8281010047 C-2 0.91 20 Commercial 0.19 No 4 5 918 206 S DIAMOND BAR BLVD 8281010049 C-3 0.54 20 Commercial 0.08 No 2 3 510 218 S DIAMOND BAR BLVD 8281010050 C-3 1.23 20 Commercial 0.59 No 6 6 1224 240 S DIAMOND BAR BLVD 8281010051 C-3 2.40 20 Commercial 0.63 No 11 13 2447 350 S DIAMOND BAR BLVD 8281010054 C-3 0.56 20 Commercial 0.07 No 2 4 611 300 S DIAMOND BAR BLVD 8281010057 C-3 1.16 20 Commercial 1.01 No 5 7 1223 Not assigned 8281010060 C-3 2.16 20 Commercial 1.01 No 10 12 2243 324 S DIAMOND BAR BLVD 8281010061 C-3 0.40 20 Commercial 0.31 No 0 0 00 334 S DIAMOND BAR BLVD 8281010062 C-3 0.70 20 Commercial 0.20 No 3 4 714 150 S DIAMOND BAR BLVD 8281024052 C-3 0.86 20 Commercial 0.03 No 4 5 917 23525 PALOMINO DR NO 45E 8281024053 C-2 3.24 20 Commercial 0.55 No 16 16 3264 121 S DIAMOND BAR BLVD 8717008001 C-3 0.25 20 Commercial 0.65 No 0 0 00 121 S DIAMOND BAR BLVD 8717008002 C-3 0.16 20 Commercial 1.02 No 0 0 00 141 S DIAMOND BAR BLVD 8717008003 C-3 0.39 20 Commercial 0.54 No 0 0 00 141 S DIAMOND BAR BLVD 8717008004 C-3 0.33 20 Commercial 0.55 No 0 0 00 205 S DIAMOND BAR BLVD 8717008005 C-3 0.46 20 Commercial 0.57 No 0 0 00 205 S DIAMOND BAR BLVD 8717008006 C-3 0.21 20 Commercial 0.63 No 0 0 00 Not assigned 8717008010 C-3 0.06 20 Commercial 0.00 No 0 0 00 249 S DIAMOND BAR BLVD 8717008019 C-3 7.24 20 Commercial 0.30 No 36 36 72144 235 S DIAMOND BAR BLVD 8717008020 C-3 0.87 20 Commercial 0.11 No 4 5 917 301 S DIAMOND BAR BLVD 8717008026 C-3 0.18 20 Commercial 0.04 No 0 0 00 301 S DIAMOND BAR BLVD 8717008027 C-3 0.07 20 Commercial 0.09 No 0 0 00 315 S DIAMOND BAR BLVD 8717008028 C-3 0.60 20 Commercial 0.30 No 3 3 612 303 S DIAMOND BAR BLVD 8717008029 C-3 3.96 20 Commercial 0.17 No 19 21 4079 23341 GOLDEN SPRINGS DR 8717008032 C-2 0.66 20 Commercial 0.38 No 3 4 713 23347 GOLDEN SPRINGS DR 8717008033 C-2 2.46 20 Commercial 0.19 No 12 13 2549 414 S PROSPECTORS RD 8717008034 C-2 1.01 20 Commercial 0.25 No 5 5 1020 225 GENTLE SPRINGS LN 8717008038 C-3 0.65 20 Commercial 0.15 No 3 4 713 233 GENTLE SPRINGS LN 8717008039 C-3 0.62 20 Commercial 0.08 No 3 3 612 325 S DIAMOND BAR BLVD 8717008185 C-2 4.20 20 Commercial 0.33 No 20 22 4283 6.1.g Packet Pg. 305 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-85 9.0 Address APN Existing Zoning Acreage Allowable Density Total Potential Units Existing Use Existing FAR Publicly Owned? Lower Mod Above Mod 379 S DIAMOND BAR BLVD 8717008186 C-2 0.53 20 Commercial 0.33 No 2 3 510 245 GENTLE SPRINGS LN 8717008187 C-3 1.33 20 Commercial 0.15 No 6 7 1326 259 GENTLE SPRINGS LN 8717008188 C-3 2.71 20 Commercial 0.46 No 13 14 2754 Not assigned 8717008189 C-3 0.96 20 Commercial 0.00 No 4 6 1019 Not assigned 8717008902 C-3 0.02 20 Commercial 0.00 No 0 0 00 Not assigned 8717008903 C-3 0.14 20 Commercial 0.00 No 0 0 00 Totals 44.2 196 215 411822 @50% 411 Notes: 1. The General Plan designation for all parcels is Town Center Mixed Use 2. Allowable density based on current General Plan and proposed zoning standards 2.3. Parcels less than 0.5 acre are excluded from unit totals 3.4. Total capacity estimated as 50% of allowable residential units 6.1.g Packet Pg. 306 9-86 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table B-4 Neighborhood Mixed Use Sites to be Rezoned Address APN Existing Zoning Acres Allowable Density Existing Use FAR Publicly Owned? Lower Mod Above Mod Estimated Total Units4 574 N DIAMOND BAR BLVD 8706001001 OP 0.8 30 Commercial 0.08 No 3 1 8 1223 542 N DIAMOND BAR BLVD 8706001003 OP 0.3 30 Commercial 0.17 No 0 0 0 00 530 N DIAMOND BAR BLVD 8706001004 OP 0.4 30 Commercial 0.17 No 0 0 0 00 504 N DIAMOND BAR BLVD 8706001007 OP 0.5 30 Commercial 0.05 No 0 0 0 00 23425 SUNSET CROSSING RD 8706001008 OP 1.2 30 Commercial 0.30 No 5 1 12 1836 554 N DIAMOND BAR BLVD 8706001013 OP 0.5 30 Commercial 0.19 No 2 0 6 815 556 N DIAMOND BAR BLVD 8706001014 OP 2.8 30 Commercial 0.39 No 12 4 26 4283 520 N DIAMOND BAR BLVD 8706001015 OP 0.4 30 Commercial 0.09 No 0 0 0 00 506 N DIAMOND BAR BLVD 8706001016 OP 0.8 30 Commercial 0.20 No 3 1 8 1224 554 N DIAMOND BAR BLVD 8706001800 OP 0.1 30 Commercial 0.00 No 0 0 0 00 732 N DIAMOND BAR BLVD 8706002012 OP 1.1 30 Commercial 0.35 No 4 1 11 1632 780 N DIAMOND BAR BLVD 8706002015 OP 1.0 30 Commercial 0.32 No 4 1 11 1631 796 N DIAMOND BAR BLVD 8706002016 OP 1.1 30 Commercial 0.30 No 4 1 12 1733 900 N DIAMOND BAR BLVD 8706002021 OP 4.3 30 Commercial 0.73 No 19 6 39 64129 990 N DIAMOND BAR BLVD 8706002022 OP 0.9 30 Commercial 0.96 No 4 1 9 1427 600 N DIAMOND BAR BLVD UNIT 1B 8706002027 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 600 N DIAMOND BAR BLVD UNIT 1A 8706002028 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 612 N DIAMOND BAR BLVD 8706002029 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 618 N DIAMOND BAR BLVD 8706002030 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 620 N DIAMOND BAR BLVD UNIT 4B 8706002031 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 620 N DIAMOND BAR BLVD UNIT 4A 8706002032 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 628 N DIAMOND BAR BLVD UNIT 5A 8706002033 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 628 N DIAMOND BAR BLVD UNIT 5B 8706002034 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 634 N DIAMOND BAR BLVD UNIT 6A 8706002035 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 634 N DIAMOND BAR BLVD UNIT 6B 8706002036 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 640 N DIAMOND BAR BLVD UNIT 7B 8706002037 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 640 N DIAMOND BAR BLVD NO 7A 8706002038 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 646 N DIAMOND BAR BLVD UNIT 8A 8706002039 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 646 N DIAMOND BAR BLVD UNIT 8B 8706002040 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 654 N DIAMOND BAR BLVD UNIT 9B 8706002041 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 654 N DIAMOND BAR BLVD UNIT 9A 8706002042 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 700 N DIAMOND BAR BLVD UNIT 10A 8706002043 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 700 N DIAMOND BAR BLVD UNIT 10B 8706002044 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 706 N DIAMOND BAR BLVD UNIT 11B 8706002045 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 6.1.g Packet Pg. 307 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-87 9.0 Address APN Existing Zoning Acres Allowable Density Existing Use FAR Publicly Owned? Lower Mod Above Mod Estimated Total Units4 706 N DIAMOND BAR BLVD UNIT 11A 8706002046 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 712 N DIAMOND BAR BLVD UNIT 12A 8706002047 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 712 N DIAMOND BAR BLVD UNIT 12B 8706002048 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 718 N DIAMOND BAR BLVD NO 13B 8706002049 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 718 N DIAMOND BAR BLVD NO 13A 8706002050 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 724 N DIAMOND BAR BLVD 8706002051 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 724 N DIAMOND BAR BLVD 8706002052 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 730 N DIAMOND BAR BLVD 8706002053 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 730 N DIAMOND BAR BLVD 8706002054 OP 5.1 30 Commercial 0.01 No 23 7 47 77154 750 N DIAMOND BAR BLVD 8706002055 OP 2.1 30 Commercial 0.40 No 9 3 19 3163 800 N DIAMOND BAR BLVD 8706002056 OP 5.4 30 Commercial 0.72 No 24 8 48 80161 660 N DIAMOND BAR BLVD. 100 8706002058 OP 1.4 30 Commercial 0.02 No 6 2 13 2143 660 N DIAMOND BAR BLVD 108 8706002059 OP 1.4 30 Commercial 0.01 No 6 2 13 2143 660 N DIAMOND BAR BLVD 118 8706002060 OP 1.4 30 Commercial 0.02 No 6 2 13 2143 660 N DIAMOND BAR BLVD 128 8706002061 OP 1.4 30 Commercial 0.02 No 6 2 13 2143 660 N DIAMOND BAR BLVD 138 8706002062 OP 1.4 30 Commercial 0.02 No 6 2 13 2143 660 N DIAMOND BAR BLVD 168 8706002063 OP 1.4 30 Commercial 0.03 No 6 2 13 2143 660 N DIAMOND BAR BLVD 178 8706002064 OP 1.4 30 Commercial 0.01 No 6 2 13 2143 660 N DIAMOND BAR BLVD 188 8706002065 OP 1.4 30 Commercial 0.01 No 6 2 13 2143 660 N DIAMOND BAR BLVD 198 8706002066 OP 1.4 30 Commercial 0.02 No 6 2 13 2143 660 N DIAMOND BAR BLVD 200 8706002067 OP 1.4 30 Commercial 0.03 No 6 2 13 2143 660 N DIAMOND BAR BLVD 208 8706002068 OP 1.4 30 Commercial 0.01 No 6 2 13 2143 660 N DIAMOND BAR BLVD 218 8706002069 OP 1.4 30 Commercial 0.02 No 6 2 13 2143 660 N DIAMOND BAR BLVD 228 8706002070 OP 1.4 30 Commercial 0.01 No 6 2 13 2143 660 N DIAMOND BAR BLVD 238 8706002071 OP 1.4 30 Commercial 0.01 No 6 2 13 2143 660 N DIAMOND BAR BLVD 258 8706002072 OP 1.4 30 Commercial 0.01 No 6 2 13 2143 660 N DIAMOND BAR BLVD 268 8706002073 OP 1.4 30 Commercial 0.02 No 6 2 13 2143 660 N DIAMOND BAR BLVD 278 8706002074 OP 1.4 30 Commercial 0.03 No 6 2 13 2143 660 N DIAMOND BAR BLVD 288 8706002075 OP 1.4 30 Commercial 0.02 No 6 2 13 2143 660 N DIAMOND BAR BLVD 298 8706002076 OP 1.4 30 Commercial 0.01 No 6 2 13 2143 Totals 194.5 851 262 1,781 2,8945,788 @50% 2,894 Notes: 1. The General Plan designation for all parcels is Neighborhood Mixed Use 2. Allowable density based on current General Plan and proposed zoning standards 3. Parcels less than 0.5 acre are excluded from unit totals 1.4. Site capacity estimated as 50% of allowable residential units 6.1.g Packet Pg. 308 9-88 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table B-5 Transit-Oriented Mixed-Use Sites to be Rezoned Address APN Existing Zoning Acres Allowable Density Existing Use FAR Publicly Owned? Lower Mod Above Mod Estimated Total Units 21035 WASHINGTON AVE 8719010009 I: Light Industrial 3.5 30 Commercial 0.20 No 26 26 52104 680 BREA CANYON RD 100 8719010023 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 1428 680 BREA CANYON RD 158 8719010024 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 1428 680 BREA CANYON RD 168 8719010025 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 1428 680 BREA CANYON RD 178 8719010026 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 1428 680 BREA CANYON RD 188 8719010027 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 1428 680 BREA CANYON RD 200 8719010028 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 1428 680 BREA CANYON RD 208 8719010029 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 1428 680 BREA CANYON RD 258 8719010030 I: Light Industrial 0.9 30 Commercial 0.04 No 7 7 1428 680 BREA CANYON RD 268 8719010031 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 1428 680 BREA CANYON RD 278 8719010032 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 1428 680 BREA CANYON RD 8719010033 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 1428 618 BREA CANYON RD UNIT A 8719010035 I: Light Industrial 1.7 30 Commercial 0.04 No 13 13 2550 618 BREA CANYON RD UNIT B 8719010036 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 2550 618 BREA CANYON RD C 8719010037 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 2550 618 BREA CANYON RD D 8719010038 I: Light Industrial 1.7 30 Commercial 0.04 No 13 13 2550 618 BREA CANYON RD E 8719010039 I: Light Industrial 1.7 30 Commercial 0.04 No 13 13 2550 618 BREA CANYON RD F 8719010040 I: Light Industrial 1.7 30 Commercial 0.03 No 13 13 2550 618 BREA CANYON RD G 8719010041 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 2550 618 BREA CANYON RD H 8719010042 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 2550 618 BREA CANYON RD I 8719010043 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 2550 618 BREA CANYON RD J 8719010044 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 2550 655 BREA CANYON RD 8760021005 I: Light Industrial 18.7 30 Commercial 0.01 No 140 140 280560 20955 LYCOMING ST 8760027001 I: Light Industrial 1.0 30 Commercial 0.12 No 8 8 1530 20955 LYCOMING ST 8760027002 I: Light Industrial 0.4 30 Commercial 0.78 No 0 0 00 780 PINEFALLS AVE 8760027003 I: Light Industrial 0.5 30 Commercial 0.47 No 0 0 00 760 PINEFALLS AVE 8760027004 I: Light Industrial 0.4 30 Commercial 0.52 No 0 0 00 750 PINEFALLS AVE 8760027005 I: Light Industrial 0.6 30 Commercial 0.43 No 4 4 917 755 PINEFALLS AVE 8760027006 I: Light Industrial 0.8 30 Commercial 0.34 No 6 6 1223 761 PINEFALLS AVE 8760027007 I: Light Industrial 0.3 30 Commercial 0.52 No 0 0 00 773 PINEFALLS AVE 8760027008 I: Light Industrial 0.1 30 Commercial 1.47 No 0 0 00 773 PINEFALLS AVE 8760027009 I: Light Industrial 0.2 30 Commercial 0.07 No 0 0 00 787 PINEFALLS AVE 8760027010 I: Light Industrial 0.4 30 Commercial 0.45 No 0 0 00 6.1.g Packet Pg. 309 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-89 9.0 Address APN Existing Zoning Acres Allowable Density Existing Use FAR Publicly Owned? Lower Mod Above Mod Estimated Total Units 770 PENARTH AVE 8760027011 I: Light Industrial 0.4 30 Commercial 0.43 No 0 0 00 766 PENARTH AVE 8760027012 I: Light Industrial 0.3 30 Commercial 0.45 No 0 0 00 750 PENARTH AVE 8760027013 I: Light Industrial 0.8 30 Commercial 0.35 No 6 6 1223 751 PENARTH AVE 8760027014 I: Light Industrial 0.8 30 Commercial 0.33 No 6 6 1224 761 PENARTH AVE 8760027015 I: Light Industrial 0.2 30 Commercial 0.49 No 0 0 00 767 PENARTH AVE 8760027016 I: Light Industrial 0.1 30 Commercial 2.35 No 0 0 00 767 PENARTH AVE 8760027017 I: Light Industrial 0.3 30 Commercial 0.03 No 0 0 00 771 PENARTH AVE 8760027018 I: Light Industrial 0.5 30 Commercial 0.43 No 0 0 00 Totals 57.3 397 398 7951,589 @50% 795 Notes: 1. The General Plan designation for all parcels is Transit-Oriented Mixed Use 2. Allowable density based on current General Plan and proposed zoning standards 1.3. Parcels less than 0.5 acre are excluded from unit totals 2.4. Total capacity estimated as 50% of allowable residential units 6.1.g Packet Pg. 310 9-90 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure B-1 Sites Inventory Map 6.1.g Packet Pg. 311 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-91 9.0 Figure B-2a Town Center Mixed Use Area Map Source: Figure 3-3: Town Center Mixed-Use Focus Area Concept Illustration; Diamond Bar General Plan 2040 6.1.g Packet Pg. 312 9-92 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure B-2b Neighborhood Mixed Use Area Map Source: Figure 3-2: Neighborhood Mixed-Use Focus Area Concept Illustration; Diamond Bar General Plan 2040 6.1.g Packet Pg. 313 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-93 9.0 Figure B-2c Transit-Oriented Mixed Use Area Map Source: Figure 3-4: Transit-Oriented Mixed-Use Focus Area Concept Illustration; Diamond Bar General Plan 2040 6.1.g Packet Pg. 314 9-94 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Potential Accessory Dwelling Units Accessory dwelling units (ADUs) represent a significant opportunity for affordable housing, particularly for single persons or small households including the elderly, college students, young adults, and caregivers. Recent changes in State law have made the construction of ADUs more feasible for homeowners, and the City has seen an increase in ADU development applications recently. Table B-6 shows ADU permit trends during 20187-2020 in Diamond Bar. The average rate of ADU permits over this 3-year period is 5.3 units per year. At the most recentthat rate of 8 ADUs during 2020, it is estimated that approximately 64 42 additional ADUs will be permitted during the 2021-2029 planning period. Based on recent analysis conducted by SCAG11 over two-thirds of future ADUs are expected to be affordable to low- and moderate-income households. Table B-6 Accessory Dwelling Units Permitted Year Permits Issued 2017 2 2018 2 2019 6 2020 8 Source: City of Diamond Bar, 2021 11 SCAG, Regional Accessory Dwelling Unit Affordability Analysis, 2020 (https://scag.ca.gov/sites/main/files/file- attachments/adu_affordability_analysis_120120v2.pdf?1606868527) 6.1.g Packet Pg. 315 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-95 9.0 Appendix C Public Participation Summary Public participation is an important component of the planning process, and this update to the Housing Element has provided residents and other interested stakeholders numerous opportunities to provide comments and recommendations. Early in the update process a Housing Element web page was created on the City website12 and a Housing Element Frequently Asked Questions13 was prepared (Figure C-1) and posted on the City’s website. Public notice, agendas and materials of for all Housing Element meetings was were providedposted on the website and at City Hall in advance of each meeting and also sent bythrough direct mail as well as posting on the City’s website. The draft Housing Element was made available for review on the City’s website. The draft Housing Element was also made available to housing advocates and non-profit organizations representing the interests of lower-income persons and special needs groups (see Table C-1). Notices of public hearings were also published in the local newspaper. For each public meeting the City offered reasonable accommodation for persons with disabilities to assist them in participating in the meeting, including the provision of transcription of meeting minutes for non-English speakers. Transcribed minutes may be easily translated into other languages via free web applications such as Translate.Google.com. After receiving comments on the draft Housing Element from the State Housing and Community Development Department, a proposed final Housing Element was prepared and made available for public review prior to adoption by the City Council. The following is a list of opportunities for public involvement in the preparation of this Housing Element update. Joint Planning Commission/City Council study session January 26, 2021 Planning Commission hearing to review Draft Housing Element March 23, 2021 City Council hearing to review Draft Housing Element April 6, 2021 Planning Commission hearing October 13, 2021TBD City Council hearing November 2, 2021TBD 12 https://www.diamondbarca.gov/963/Housing-Element-Update 13 https://www.diamondbarca.gov/963/Housing-Element-Update 6.1.g Packet Pg. 316 9-96 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 A list of interested parties that were notified of meetings is provided in Table C-1 and a summary of comments and responses is provided in Table C-2. Comments were incorporated into the draft Housing Element where appropriate. 6.1.g Packet Pg. 317 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-97 9.0 Figure C-1 Housing Element FAQ 6.1.g Packet Pg. 318 9-98 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.g Packet Pg. 319 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-99 9.0 6.1.g Packet Pg. 320 9-100 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.g Packet Pg. 321 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-101 9.0 6.1.g Packet Pg. 322 9-102 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.g Packet Pg. 323 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-103 9.0 6.1.g Packet Pg. 324 9-104 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table C-1 Public Notice List Southern California Association of Non Profit Housing 501 Shatto Place, Suite 403 Los Angeles, CA 90020 National Community Renaissance Attn: John Seymour 4322 Piedmont Drive San Diego, CA 92107 LINC Housing Corporation 110 Pine Ave., Suite 500 Long Beach, CA 90802 C & C Development Attn: Barry Cottle 14211 Yorba Street, Suite 200 Tustin, CA 92870 City Ventures Attn: Bill McReynolds 2850 Red Hill Avenue, Suite 200 Santa Ana, CA 92705 Jamboree Housing Corp. Laura Archuleta 17701 Cowan Avenue, Suite 200 Irvine, CA 92614 The Related Companies of California Frank Cardone 18201 Von Karman Ave Ste 900 Irvine, CA 92612 Abode Communities 701 East 3rd Street, Suite 400 Los Angeles, California 90013 Meta Housing 1640 S Sepulveda Blvd. Los Angeles, CA 90025 SOCAL Housing Development Corp 9065 Haven Ave Rancho Cucamonga, CA 91730 Mercy Housing 1500 South Grand Ave., Suite 100 Los Angeles, California 90015 Abundant Housing LA 515 S Flower Street, 18th Floor Los Angeles, CA 90071 Gary Busteed 20850 Gold Run Drive Diamond Bar, CA 91765 Community Development Director City of Brea 1 Civic Center Circle Brea, CA 92821 City of Pomona Community Development Director 505 South Garey Avenue Pomona, California 91766 Brittany Irvin Province Group/Newport Equities LLC 26 Corporate Plaza, Suite 260 Newport Beach, CA 92660 City of Walnut Community Development Director 21201 La Puente Road Walnut, CA 91789 City of La Habra Heights City Manager 1245 North Hacienda Road La Habra Heights, CA 90631 Robert A. Hamilton, President 316 Monrovia Avenue Long Beach, CA 90803 Joann Lombardo City of Chino Hills Com. Dev. Dept. 14000 City Center Dr. Chino Hills, CA 91709 Troy Helling, City Manager City of Industry 15625 East Stafford Street Industry, CA 91744 6.1.g Packet Pg. 325 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-105 9.0 Richard Martinez, Superintendent Pomona Unified School District 800 S. Garey Ave. Pomona, CA 91766 Richard Macedo, Branch Chief CA Department of Fish & Wildlife Habitat Conservation Planning 1416 Ninth Street, 12th Floor Sacramento, CA 95814 Ed Pert, Regional Manager California Dept. of Fish & Wildlife South Coast Region 5 3883 Ruffin Rd. San Diego, CA 92123 Fish and Wildlife Biologist U.S. Fish and Wildlife Service 2177 Salk Ave., Suite 250 Carlsbad, CA 92008 State Clearinghouse P.O. Box 3044 Sacramento, CA 95814 Colonel Kirk E. Gibbs, 61st Commander US Army Corps of Engs. LA District 915 Wilshire Blvd Los Angeles, CA 90017 Lijn Sun, Program Supervisor SCAQMD Intergovernmental Review 21855 Copley Dr. Diamond Bar, CA 91765-4182 Michael Y. Takeshita, Acting Chief Los Angeles County Fire Department - Forestry Div 1320 N. Eastern Los Angeles, CA 90063-3294 Alfred Reyes, Captain Los Angeles County Sheriff Dept 21695 Valley Boulevard Walnut, CA 91789 Deborah Smith, Executive Officer Regional Water Quality Control Bd Los Angeles Region 320 W. 4th Street, Suite 200 Los Angeles, CA 90013-2343 John Andres Southern California Gas Company 9400 Oakland Avenue Chatsworth, CA 91311 Alex Villanueva, Sheriff Los Angeles County Sheriff Department 4700 Ramona Boulevard Monterey Park, CA 91754 Erik Hitchman, General Manager Walnut Valley Water District 271 South Brea Canyon Road Walnut, CA 91789 San Bernardino County Planning Department County Government Center 385 North Arrowhead Ave San Bernardino, CA 92415 Anthony Nyivih LA County Department of Public Works Land Development Division P.O. Box 1460 Alhambra, CA 91802-2460 Mark Pestrella, Director Los Angeles County Department of Public Works 900 S. Fremont Avenue Alhambra, CA 91803 Pui Ching Ho, Library Manager Los Angeles County Public Library Diamond Bar Branch 21800 Copley Dr Diamond Bar, CA 91765 Amy J. Bodek, Director County of Los Angeles Department of Regional Planning 320 W. Temple St, 13th Floor Los Angeles, CA 90012 Jared Dever, District Manager San Gabriel Valley Mosquito & Vector Control District 1145 N. Azusa Canyon Road West Covina, CA 91790 Miya Edmonson California Dept. of Transportation District 7 – Env Planning 100 S. Main Street Los Angeles, CA 90012 Robert C. Ferrante, Chief Eng County Sanitation Districts of Los Angeles County 1955 Workman Mill Road Whittier, CA 90607-4998 Robert Taylor Walnut Valley Unified School Dist. 880 S. Lemon Street Walnut, CA 91789 Metropolitan Water Dist. of So. Calif Attention: Environmental Planning 700 N. Alameda St. Los Angeles, CA 90012 Marisa Creter, Executive Director San Gabriel Valley Council of Gov. 1000 S. Fremont Avenue #42 Alhambra, CA 91803 Kome Ajise Exec. Director of So. California Association of Governments 900 Wilshire Blvd. #1700 Los Angeles, CA 90017 Daniel J. Johnson, Interim AVP Facilities Planning Cal Poly Pomona 3801 W Temple Ave, Bldg 81 Pomona, CA 91768 Eileen Sobeck, Executive Director State Water Quality Control Board 1001 I Street P.O. Box 100 Sacramento, CA 95814 6.1.g Packet Pg. 326 9-106 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Battalion Commander Los Angeles County Fire Station 120-Battalion 1051 S. Grand Avenue Diamond Bar, CA 91765-2210 Skye Patrick County Library Director LA County Library 7400 E. Imperial Highway Downey, CA 90242 County of Los Angeles Department of Parks and Rec Alina Bokde, Deputy Director 1000 S. Fremont Ave, Unit #40 Alhambra, CA 91803 Anita D. Gutierrez, AICP Acting Dev Services Director City of Pomona - Dev Svcs. 505 South Garey Avenue Pomona, CA 91766 Metro Development Review Los Angeles County Metropolitan Transp. Authority One Gateway Plaza, MS 99-22-1 Los Angeles, CA 90012-2952 Julianne Polanco, SHPO Calif. Dept. of Parks & Recreation Office of Historic Preservation 1725 23rd Street, Suite 100 Sacramento, CA 95816 Tom Weiner Director of Community Dev City of Walnut 21201 La Puente Road Walnut, CA 91789 Salvador Flores Southern California Edison 2 Innovation Way Pomona, CA 91768 Southern California Gas Co Centralized Correspondence PO Box 3150 San Dimas, CA 91773 David Perez Valley Vista Services, Inc. 17445 E Railroad Street City of Industry, CA 91748 Steven D. Lowry Southern California Edison Co Real Prop, Title & Real Estate Svcs 2131 Walnut Grove Blvd. 2nd Fl Rosemead, CA 91770-3769 Southern California Edison Co. Local Governmental Affairs – Land Use/Environmental Coord 2244 Walnut Grove Avenue Rosemead, CA 91770 Grace P. Brandt Department of Conservation 5816 Corporate Ave #100 Cypress, CA 90630 Orange County Planning & Development Department P.O. Box 4048 Santa Ana, CA 92703 Rowland Heights Community Coordinating Council P.O. Box 8171 Rowland Heights, CA 91748 Three Valleys Municipal Water District 1021 E Miramar Ave Claremont, CA 91711 Douglas Bassett Spectrum Cable Company 4781 Irwindale Avenue Irwindale, CA 91706 Asia Powell Frontier Communications 510 Park Ave. San Fernando, CA 91340 Gary Nellesen, Director Facilities Planning & Mgmt Mt. San Antonio College 1100 N. Grand Ave Walnut, CA 91789 Teri G. Muse Public Sector Solutions Rep Waste Mgmt San Gabriel/Pomona 13940 E. Live Oak Avenue Baldwin Park, CA 91706 Claire Schlotterbeck, Exec Dir Hills for Everyone P.O. Box 9835 Brea, CA 92822-1835 Gabrieleno Band of Mission Indians- Kizh Nation Andrew Salas, Chairperson P.O. Box 393 Covina, CA 91723 La City/County Native American Indian Comm. 3175 West 6th St Los Angeles, CA 90020 San Gabriel Band of Mission Indians Anthony Morales, Chief P.O. Box 693 San Gabriel, CA 91778 California Native American Heritage Commission 1550 Harbor Blvd, Suite 100 West Sacramento, CA 95691 Gabrielino-Tongva Tribe Charles Alvarez 23454 Vanowen Street West Hills, CA, 91307 Gabrielino-Tongva Tribe Linda Candelaria, Co-Chairperson 23453 Vanowen St West Hills, CA 91307 6.1.g Packet Pg. 327 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-107 9.0 Gabrielino Tongva Nation Sandonne Goad, Chairperson 106 1/2 Judge John Aiso St, #231 Los Angeles, CA 90012 Pauma Band of Luiseno Indians – Pauma & Yuima Reservation Temet Aguilar, Chairperson PO Box 369 Pauma Valley, CA 92061 Gabrielino Tongva Indians of California Tribal Council Robert F. Dorame, Chairperson P.O. Box 490 Bellflower, CA 90707 San Fernando Band of Mission Indians Donna Yocum, Chairperson P.O. Box 221838 Newhall, CA, 91322 Soboba Band of Luiseno Indians Joseph Ontiveros Cultural Resource Director PO Box 487 San Jacinto, CA 92581 Torres Martinez Desert Cahuilla Indians Michael Mirelez, Cultural Res Co PO Box 1160 Thermal, CA 92274 Douglas Barcon 23535 Palomino Dr #545 Diamond Bar, CA 91765 Diamond Bar – Pomona Valley Sierra Club Task Force 324 S. Diamond Bar Blvd. #230 Diamond Bar, CA 91765 Janet Cobb & Angela Moskow CA Wildlife Foundation/CA Oaks 428 13th Street, #10A Oakland, CA 94612 6.1.g Packet Pg. 328 9-108 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table C-2 Summary of Public Comments and Responses Comment Response We have a housing crisis Yes, the State Legislature has declared there is a housing crisis in California The housing market is strongly influenced by investors Yes Children who grew up in Diamond Bar have difficulty finding affordable housing that enables them to continue living here One of the main purposes of the Housing Element is to increase the availability of housing at all income levels so that grown children can afford to remain in the community. The City should consider an inclusionary housing program “Inclusionary housing” refers to a requirement that a portion of new housing is made available at affordable rents or prices. There are valid arguments for and against such policies, and each city must evaluate whether inclusionary requirements are appropriate. Diamond Bar doesn’t have sufficient transportation and parking infrastructure to handle the amount of development assigned in the RHNA, such as streets serving the Metrolink station Transportation issues must be a part of future planning and development decisions, along with the analysis of housing needs and the appropriate locations for new housing. Future planning and development of the Focus Areas needs to be done thoughtfully so that these areas enhance the quality of life in Diamond Bar Detailed planning for the Focus Areas will be done based on the policy framework established in the General Plan and site-specific analysis conducted during the preparation of specific plans and development regulations for these areas. If a site is listed in the inventory, is it required to be developed for affordable housing? No, the sites inventory only describes where additional housing could be built based on zoning regulations. Property owners will decide if and when development occurs. The City or the State cannot force property owners to develop their property for housing. 6.1.g Packet Pg. 329 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-109 9.0 Appendix D Contributing Factors to Fair Housing Issues 6.1.g Packet Pg. 330 9-110 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.g Packet Pg. 331 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-111 9.0 6.1.g Packet Pg. 332 9-112 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.g Packet Pg. 333 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-113 9.0 6.1.g Packet Pg. 334 9-114 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.g Packet Pg. 335 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-115 9.0 6.1.g Packet Pg. 336 9-116 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.g Packet Pg. 337 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-117 9.0 6.1.g Packet Pg. 338 9-118 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.g Packet Pg. 339 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-119 9.0 6.1.g Packet Pg. 340 9-120 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6.1.g Packet Pg. 341 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-121 9.0 6.1.g Packet Pg. 342 Addendum to the Certified Final Program EIR for the City of Diamond Bar 2040 General Plan October 2021 Overview On December 17, 2019 the Diamond Bar City Council certified Final EIR No. SCH 2018051066 for the Diamond Bar 2040 General Plan. The City is now required to adopt an updated Housing Element for the 2021-2029 planning period. The purpose of this Addendum is to demonstrate that the 2021-2029 Housing Element update would not result in any of the conditions under which a subsequent environmental document would be required pursuant to CEQA Guidelines Section 15164. Purpose of an Addendum CEQA Guidelines Section 15164(a) states: “The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” The following analysis demonstrates that the 2021-2029 Housing Element update does not raise any new environmental issues and requires only minor technical changes or additions to the previous EIR to satisfy the requirements of CEQA for the proposed Housing Element update. Public Review Process for an Addendum CEQA Guidelines Section 15164(c) and 15164(d) state: “An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project.” Project Description: 2021-2029 Housing Element Update State law requires every jurisdiction within the Southern California Association of Governments (“SCAG”) region to prepare a Housing Element update for the 2021-2029 planning period. Detailed requirements for Housing Elements are established in California Government Code Sec. 65580 et seq. The Draft 2021-2029 Housing Element, which is posted on the City website at: https://www.diamondbarca.gov/963/Housing-Element-Update, focuses on establishing City policies and programs to address the housing needs of current and future Diamond Bar residents. The Draft Housing Element includes the following sections: • An introductory overview of the Housing Element (Section 9.1) • Analysis of the City's demographic and housing characteristics and trends (Section 9.2) • Evaluation of resources and opportunities available to address housing needs (Section 9.3) 6.1.h Packet Pg. 343 Addendum to Final EIR No. SCH 2018051066 Diamond Bar 2021-2029 Housing Element Page 2 of 4 • Analysis of potential governmental and non-governmental constraints to meeting the City's housing needs (Section 9.4) • The Housing Action Plan for the 2021-2029 planning period (Section 9.5) • Review of the City’s accomplishments during the previous planning period (Appendix A) • An inventory of sites that could accommodate the City’s new housing needs (Appendix B); and • A description of opportunities for stakeholders to participate in the preparation of the Housing Element (Appendix C) Generally, the most significant issues addressed in the Housing Element are: 1) whether City plans and regulations accommodate housing for persons with special needs in compliance with State law; and 2) how the City will accommodate its share of regional housing needs assigned through the Regional Housing Needs Assessment (“RHNA”) process. Housing for Persons with Special Needs. State law establishes specific requirements related to City regulation of housing for persons with special needs, including the homeless and persons with disabilities. Section 9.4 of the Housing Element (Constraints) contains an analysis of City plans and regulations for a variety of housing types. The analysis concluded that while current City regulations are consistent with most laws regarding special needs housing, some recently adopted laws will require that the Municipal Code be amended in order to ensure consistency with State law. Section 9.5 (Housing Action Plan) of the Housing Element includes the following programs to comply with State requirements: • Program H-10. Accessory Dwelling Units. State law has been amended several times over the past few years to establish mandatory local standards and procedures intended to encourage production of ADUs. This program includes a commitment to process a Development Code amendment in conformance with current State law. • Program H-11. Emergency Shelters, Low Barrier Navigation Centers and Transitional/Supportive Housing. The Development Code establishes standards and procedures for these types of housing targeted for persons who are homeless or at risk of becoming homeless. This program includes a commitment to process a Development Code amendment in conformance with recent changes to State law. These changes include allowing supportive housing meeting specified criteria in zones where multi-family and mixed uses are permitted, and allowing low barrier navigation centers meeting specified standards in areas zoned for mixed use and in non-residential zones permitting multi-family uses. Low barrier navigation centers are defined as “Housing first, low-barrier, service-enriched shelters focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.” • Program H-12. Affordable Housing Incentives/Density Bonus. Density bonus refers to the State law requiring cities to allow increased density and other incentives for hou sing developments that include long-term commitments to provide units affordable to low- and moderate-income households. Recent changes to State Density Bonus Law have increased the required amount of density bonus and other incentives for affordable housing. This program includes a commitment to amend the City’s density bonus regulations consistent with current State law. Regional Housing Needs Assessment. The Regional Housing Needs Assessment (“RHNA”) is the process established in State law by which future housing needs are determined for each city. 6.1.h Packet Pg. 344 Addendum to Final EIR No. SCH 2018051066 Diamond Bar 2021-2029 Housing Element Page 3 of 4 On March 4, 2021 SCAG adopted the final RHNA Plan, which assigns Diamond Bar the following housing needs. 2021-2029 RHNA Allocation – Diamond Bar Extremely Low + Very Low Low Moderate Above Moderate Total 844 434 437 806 2,521 Source: SCAG, 3/4/2021 The RHNA allocation identifies the amount of additional housing a jurisdiction would need in order to have enough housing at all price levels to fully accommodate its assigned share of the region’s housing need during the 8-year planning period. The RHNA is a planning requirement based upon housing need, not a construction quota, mandate, or prediction of future housing development. Jurisdictions are not required to build housing or issue permits to achieve their RHNA allocations. The Housing Element must include an evaluation of potential capacity for additional housing based on land use patterns, development regulations, other development constraints (such as infrastructure availability and environmental conditions) and real estate market trends. The analysis must be prepared at a parcel-specific level of detail and identify properties (or “sites”) where additional housing could be built consistent with City regulations. This evaluation is referred to as the “sites analysis” and State law requires the analysis to demonstrate that the city has adequate sites with appropriate zoning to fully accommodate additional housing development commensurate with its RHNA allocation in each income category. Appendix B of the Housing Element includes a parcel-level analysis of sites that could accommodate the City’s RHNA allocation. Diamond Bar’s 2040 General Plan, adopted in December 2019, estimates that up to 3,750 new housing units could be built in the city by 2040, depending on market conditions. It is expected that much of this growth will occur within the Town Center Mixed Use, Neighborhood Mixed Use, Transit Oriented Development and Community Core Overlay focus areas, while most existing residential neighborhoods will experience less growth and change. The 2040 General Plan provides the guiding framework for development in these Focus Areas; however, zoning regulations have not yet been amended to reflect General Plan policy for these areas. Revisions to the Development Code are proposed to conform regulations for the Focus Areas to the policies established in the General Plan. Program H-8 in Section 9.5 of the Housing Element describes actions the City will take to complete the required Code amendments consistent with the 2040 General Plan and in compliance with State law. Environmental Analysis and Conclusion The 2040 General Plan EIR evaluated potential environmental impacts that would be expected to occur as a result of future development consistent with the General Plan. Because the proposed 2021-2029 Housing Element assumes development consistent with General Plan land use designations and policies, no new significant effects would occur that were not previously analyzed in the General Plan EIR. The proposed Development Code amendments related to affordable housing density bonus and housing for persons with special needs are required to conform City regulations with current State law; therefore, these amendments would not change the type or amount of development already allowed under State law. 6.1.h Packet Pg. 345 Addendum to Final EIR No. SCH 2018051066 Diamond Bar 2021-2029 Housing Element Page 4 of 4 Therefore, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164, an addendum is the appropriate CEQA document for the 2021-2029 Housing Element update. There is no substantial evidence that the proposed Housing Element amendment will result in significant environmental impacts not previously addressed in the 2040 General Plan EIR. Consequently, no additional CEQA analysis is required. 6.1.h Packet Pg. 346 October 23, 2020 Mayor Steve Tye City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Dear Mayor Tye, We are writing on behalf of ​Abundant Housing LA regarding Diamond Bar’s upcoming 6th Cycle housing element update.Abundant Housing LA is a pro-housing education and advocacy organization working to help solve Southern California’s housing crisis.We support efforts to reform zoning codes and expand housing production,which are needed to reduce rents, improve access to jobs and transit,strengthen the local economy and job market,and combat segregation.We have a large and growing membership base throughout Los Angeles County, including Diamond Bar. California has a statewide housing shortage of nearly 3.5 million homes,and ​has the highest poverty rate in the nation after accounting for housing costs.Households at all levels of income face a historically high rent burden.Exclusionary zoning and longstanding constraints on denser housing have led to an undersupply of medium and high density housing near jobs and transit. This contributes to high rents and displacement of households. Over the past few years,new state laws (e.g.AB 686 (2018),SB 166 (2017),AB 1397 (2017), SB 828 (2018),SB 35 (2017),etc.)have strengthened the Regional Housing Needs Assessment (RHNA),which sets a housing growth target for individual jurisdictions and requires jurisdictions to update their housing elements in order to achieve these targets. These changes to state law have led to historically high jurisdiction-level housing growth targets in the upcoming 6th Cycle Housing Element Planning Cycle,and have empowered the state Department of Housing and Community Development (HCD)to enforce appropriately high standards for housing element updates.We are encouraged that Diamond Bar was given a target of ​2,513 ​new homes,of which 1,273 must be affordable to lower-income households. As jurisdictions start the housing element update process,AHLA seeks to provide guidance on how jurisdictions should fulfill both the letter and the spirit of housing element law.Unfortunately, some jurisdictions are already seeking to skirt their obligation to sufficiently plan to meet their housing needs.AHLA will scrutinize jurisdictions’housing elements,submit comments to HCD as needed,and collaborate closely with nonprofits that bring legal action against jurisdictions that fail to comply with state housing laws. 1 6.1.i Packet Pg. 347 Of course,AHLA recognizes that the COVID-19 pandemic and resulting economic devastation have made it more difficult for jurisdictions to meet ambitious RHNA targets.But the pandemic has made it even more critical than ever for jurisdictions to solve the region’s housing crisis and encourage economic recovery.We seek to collaborate with you and your team on policy efforts to achieve the RHNA goals. To that end,we have published a memo,​Requirements and Best Practices for Housing Element Updates:The Site Inventory​,explaining the key legal requirements,as well as HCD and AHLA’s recommended best practices,for housing element updates.Additionally,​this checklist provides a summary of our core policy recommendations​.We respectfully encourage you to incorporate the concepts detailed in these documents into Diamond Bar’s housing element update. As your team begins to develop Diamond Bar’s housing element update,we would like to draw particular attention to four critical components of the site inventory analysis: 1.Incorporating an estimate of the ​likelihood of development and the ​net new units if developed ​of inventory sites 2.Using an HCD-recommended “safe harbor”methodology for ​forecasting future ADU production 3.Prioritizing high-opportunity census tracts and well-resourced areas (e.g.near transit, jobs,schools,parks,etc.)when selecting sites for lower-income housing opportunities,in order to ​affirmatively further fair housing 4.Including the HCD-recommended buffer of at least 15-30%extra capacity in the site inventory, in order to ​avoid violating the No Net Loss requirement Component #1​:​Housing elements should estimate and report both the ​likelihood of development​ and the ​net new units if developed ​of inventory sites. Just because jurisdictions zone for more housing doesn’t mean that the housing will actually be built.The economic cycle,uncertainty of market conditions,the current usage of nonvacant sites,and land use regulations all influence the extent to which rezoned parcels are built to their maximum theoretical capacity. A parcel’s maximum theoretical capacity is not the same as its realistic capacity.To draw a parallel to college admissions,when UCLA wants 2,000 students in its incoming class,they admit 4,000 students.Similarly,to achieve housing production targets,jurisdictions must increase zoned capacity well above the target number of new homes. An accurate assessment of site capacity is necessary in order for the housing element to achieve sufficient housing production.The site capacity estimate should account for the following ​two factors​: 2 6.1.i Packet Pg. 348 ●What is the likelihood that the site will be developed during the planning period? ●If the site were to be developed during the planning period,how many net new units of housing are likely to be built on it? These are the ​likelihood of development and ​net new units if developed factors,as 1 2 required by HCD guidelines.The portion of the jurisdiction’s RHNA target that a site will realistically accommodate during the planning period is: (likelihood of development) x (net new units if developed) = realistic capacity​. In past planning cycles,the likelihood of development factor was not expressly considered; housing elements frequently assumed that most or all site inventory locations would be redeveloped to their maximum theoretical capacity.Since this generally did not happen, jurisdictions consistently fell short of their RHNA targets as a result.This is the case for Diamond Bar,which is not on a path to achieving its 5th cycle RHNA targets for very low,low, and moderate income housing.Through 2019,it has permitted 6 homes that are affordable at these income levels, out of a total RHNA target of 680 homes. 5th Cycle RHNA Targets vs. Actual Housing Production (2014-19) Income Bucket RHNA Target Homes Permitted VLI 308 1 LI 182 5 MI 190 0 AMI 466 309 Total 1,146 315 According to Diamond Bar’s 5th cycle housing element,the city had theoretical capacity for roughly 1,291 more housing units.Through 2019,Diamond Bar permitted 315 housing units , 3 4 which equates to 420 housing units permitted by the end of the 5th cycle (assuming that the same annual permitting pace continues in 2020 and 2021).This implies that in Diamond Bar, excess zoned capacity has a ​33%likelihood of being developed (420 actual units divided by 1,291 theoretical units). Diamond Bar’s 6th cycle housing element should incorporate this likelihood of development estimate into its site inventory analysis.This would be consistent with HCD guidelines,​while 5 1 ​HCD Site Inventory Guidebook, pg. 20 2 ​HCD Site Inventory Guidebook, pg. 21 3 ​Diamond Bar 5th Cycle Housing Element, pg. B-1 4 ​HCD Annual Progress Report dataset, 2020 5 ​HCD Site Inventory Guidebook, pg. 20 3 6.1.i Packet Pg. 349 also ensuring that enough zoned capacity is available to encourage 2,513 housing units to be built by the end of the 6th cycle.Assuming that zoned capacity has a 33%likelihood of being developed in the next 8 years,​the housing element must allow for 7,615 units of zoned capacity in order to achieve 2,513 actual housing units.If Planning believes that a higher likelihood of development (and thus a smaller zoned capacity increase)is justified for certain parcels in the site inventory, persuasive data to support this assumption must be provided. 6 Component #2​:​Housing element updates should use an HCD-recommended “safe harbor” methodology for forecasting future ADU production. Local jurisdictions frequently use overly optimistic estimates of future ADU production to avoid necessary housing reform and rezoning.ADU development estimates must reflect actual on-the-ground conditions to ensure that they are realistic.Overly aggressive ADU production estimates set jurisdictions up for failure in providing the required housing for residents. To that end,HCD has established two safe harbors for forecasting ADU production during the 6th Cycle .One option (“Option #1”)is to project forward the local trend in ADU construction 7 since January 2018.The other,for use when no other data is available (“Option #2”),assumes ADU production at five times the local rate of production prior to 2018.Jurisdictions are also permitted to include programs that aggressively promote and incentivize ADU construction. Where no other data is available,jurisdictions may assume an average increase of five times the previous planning period construction trends prior to 2018.Jurisdictions may also use regional ADU production trends,and include programs that aggressively promote and incentivize ADU construction.Jurisdictions should clearly and explicitly state their methodology and data sources for future ADU development forecasts. According to HCD,Diamond Bar issued permits for 2 ADUs in 2017,2 ADUs in 2018,and 6 ADUs in 2019.Under HCD’s “Option #1”,Diamond Bar could take the average of the 2018 and 2019 ADU production trends,and forecast that 4 ADUs will be permitted per year during the 6th cycle. This would allow for a ​total 6th cycle forecast of 32 ADUs. Under HCD’s “Option #2”,Diamond Bar could multiply the 2017 ADU production trend by five, and forecast that 10 ADUs will be permitted per year during the 6th cycle.This would allow for a total 6th cycle forecast of 80 ADUs. Another,more aggressive,option would take the average of the 2018 and 2019 ADU production trends,and multiply that average by five.This methodology would forecast that 20 ADUs will be permitted per year during the 6th cycle.This would allow for a ​total 6th cycle forecast of 160 6 ​HCD Site Inventory Guidebook, pg. 20-21 7 HCD Site Inventory Guidebook, pg. 31 4 6.1.i Packet Pg. 350 ADUs.Abundant Housing LA does not recommend this methodology,since it is not an HCD-defined safe harbor forecasting option. Diamond Bar should use HCD’s Option 1 or 2 safe harbor when projecting annual ADU production.If it believes that higher ADU production forecasts are warranted,it must provide well-grounded estimates,based on the pace of ADU production in neighboring jurisdictions,and must explain programs or policy efforts that could lead to higher ADU production. Finally,per HCD,the housing element “should also include a monitoring program that a)tracks ADU and JADU creation and affordability levels,and b)commits to a review at the planning cycle midpoint to evaluate if production estimates are being achieved.”Diamond Bar’s housing 8 element should commit to mid-cycle rezoning if ADU production is lower than forecasted,and its midpoint review should be linked with immediate and automatic programs to increase housing production in the second half of the RHNA cycle.AHLA’s recommended approach is to incorporate by-right density bonuses on inventory sites,which would automatically take effect mid-cycle if the ADU target is not met.The density bonus should be large enough,and apply to enough parcels, to fully make up for any ADU production shortfall. Component #3​:​Housing elements must prioritize high-opportunity census tracts and well-resourced areas (e.g.near transit,jobs,schools,parks,etc.)when selecting sites for lower-income housing opportunities, in order to affirmatively further fair housing. AB 686 (2018)requires housing element updates to “affirmatively further fair housing”,which is defined as “taking meaningful actions,in addition to combating discrimination,that overcome patterns of segregation and fosters inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” Diamond Bar’s history details examples of how housing policy and land use regulations were once used to exclude members of minority groups.​Redlining and restrictive covenants,which restricted where Black Americans could live,were once commonplace throughout Los Angeles County​.Thankfully,Diamond Bar is more welcoming today;18%of the city’s population is Hispanic and 56%of the city’s population is Asian-American .However,exclusion continues on 9 the basis of income:the median home sale price in Diamond Bar was $660,000 in 2018 ,and 10 51%of the city’s renters are “rent-burdened”(i.e.they spend more than 30%of their income on rent).High housing costs place a disproportionate burden on lower-income communities of 11 color, and have the effect of excluding them from the city altogether. 8 ​HCD Site Inventory Guidebook, pg. 31 9 American Community Survey, 2014-18 10 ​SCAG Pre-Certified Local Housing Data, Diamond Bar 11 American Community Survey, 2014-18 5 6.1.i Packet Pg. 351 Jurisdictions must address this issue by accommodating the lower-income RHNA targets in a way that conforms with AFFH requirements.HCD’s Site Inventory Guidebook offers recommendations for ​how jurisdictions should accomplish this.HCD is ​likely to require jurisdictions to distribute lower-income housing opportunities throughout the jurisdiction​,and recommends that jurisdictions first identify development potential for lower-income housing in high-opportunity neighborhoods . 12 Given that single-family,exclusionary zoning predominates in many of Diamond Bar’s high-and highest-opportunity census tracts (​as defined in the TCAC/HCD Opportunity Map​),rezoning is required in order to accommodate the RHNA targets for lower-income households.Additionally, focusing rezoning in single-family zoned areas will expand housing opportunities while minimizing the impact on existing renters in multifamily-zoned areas. In order to fairly distribute housing opportunities citywide,Diamond Bar should develop a quantitative methodology for scoring neighborhoods,based on factors like housing costs, median income,access to transit,access to jobs,access to schools,and environmental quality. Neighborhoods that score higher on these dimensions should be allocated higher housing growth targets,and rezoning should be based on these neighborhood-level housing growth targets. Finally,Diamond Bar should identify funding sources,public resources,and density bonus programs to maximize the likelihood that housing projects with below market-rate units are actually built.Local measures like a ​real estate transfer tax and ​congestion pricing could help generate new funding to support affordable housing production and preservation. Component #4​:​Housing elements should include the HCD-recommended buffer of at least 15-30%extra capacity in the site inventory,in order to avoid violating the No Net Loss requirement. SB 166 (2017)requires adequate sites to be maintained ​at all times throughout the planning period to accommodate the remaining RHNA target by each income category.This means that 13 if a jurisdiction approves a development on a parcel listed in the site inventory that will have fewer units (either in total or at a given income level)than the number of units (either in total or at a given income level)anticipated in the site inventory,then the jurisdiction must identify and make available enough sites to accommodate the remaining unmet RHNA target for each income category. 14 If additional sites with adequate zoned capacity don’t exist,then the jurisdiction must rezone enough sites to accommodate the remaining unmet RHNA target within 180 days.If the 12 ​HCD Site Inventory Guidebook, pg. 3 13 HCD ​No Net Loss Law Memo​, pg. 1 14 ​HCD Site Inventory Guidebook, pg. 22 6 6.1.i Packet Pg. 352 jurisdiction fails to accomplish this rezoning in the required period,then the consequences will include decertification of the housing element and potential state legal action. To ensure that adequate housing capacity at all income levels exists in the housing element through the 6th Cycle,HCD recommends that “the jurisdiction create a buffer in the housing element inventory of at least 15-30%more capacity than required,especially for capacity to accommodate the lower income RHNA.”​Diamond Bar should “overshoot”on total site 15 capacity for each income level,in order to ensure that the City’s RHNA target is achieved at all income levels. The City of Diamond Bar has an obligation to sufficiently plan to meet current and future residents’housing needs.The housing element update affords Diamond Bar,and the broader Southern California region,the chance to take bold action on lowering housing costs,reducing car dependency,strengthening the local economy,and guaranteeing access to opportunity for Californians of all racial and ethnic backgrounds.We urge you and your colleagues to fully embrace this opportunity to transform Diamond Bar for the better. Finally,it is worth noting that state law imposes penalties on jurisdictions that fail to adopt a compliant 6th cycle housing element update by October 15,2021.On that date,noncompliant jurisdictions will forfeit the right to deny residential projects on the basis of local zoning,so long as projects include at least a 20%set-aside for below market-rate units .Jurisdictions that want 16 to maintain local control over new development should therefore plan to adopt a compliant housing element update on time. We would be glad to engage with your office and with the Planning Department throughout the housing element update process.We look forward to a productive and collaborative working relationship with the City of Diamond Bar on this critical effort.Thank you for your consideration. Sincerely, Leonora Camner Executive Director Abundant Housing LA Anthony Dedousis Director of Policy and Research Abundant Housing LA 15 ​HCD Site Inventory Guidebook, pg. 22 16 ​California Government Code 65589.5(d)(5) 7 6.1.i Packet Pg. 353 DOC 6045594.D21 January 26, 2021 Ref. DOC 6036752 Ms. Grace S. Lee Senior Planner City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Dear Ms. Lee: NOPH Response to 2021-2019 Housing Element Update, Planning Case No. PL2021-004 The Los Angeles County Sanitation Districts (Districts) received the letter and plans for the subject project forwarded by your office on January 19, 2021. The City of Diamond Bar is located within the jurisdictional boundary of District No. 21. We offer the following comments regarding sewerage service: 1. The Districts own, operate, and maintain the large trunk sewers that form the backbone of the regional wastewater conveyance system. Local collector and/or lateral sewer lines are the responsibility of the jurisdiction in which they are located. As such, the Districts cannot comment on any deficiencies in the sewerage system in the City of Diamond Bar (City) except to state that presently no deficiencies exist in Districts’ facilities that serve the City. For information on deficiencies in the City sewerage system, please contact the City Department of Public Works and/or the Los Angeles County Department of Public Works. 2. The wastewater generated by the City is treated at the San Jose Creek Water Reclamation Plant (WRP) located adjacent to the City of Industry, which has a capacity of 100 mgd and currently processes an average flow of 58.5 mgd. All biosolids and wastewater flows that exceed the capacity of the San Jose Creek WRP are diverted to and treated at the Joint Water Pollution Control Plant in the City of Carson. 3. In order to estimate the volume of wastewater a project will generate, go to www.lacsd.org, under Services, then Wastewater Program and Permits, select Will Serve Program, and scroll down to click on the Table 1, Loadings for Each Class of Land Use link for a copy of the Districts’ average wastewater generation factors. 4. The Districts are empowered by the California Health and Safety Code to charge a fee to connect facilities (directly or indirectly) to the Districts’ Sewerage System or to increase the strength or quantity of wastewater discharged from connected facilities. This connection fee is a capital facilities fee that is used by the Districts to upgrade or expand the Sewerage System. Payment of a connection fee may be required before a project is permitted to discharge to the Districts’ Sewerage System. For more information and a copy of the Connection Fee Information Sheet, go to www.lacsd.org, under Services, then Wastewater (Sewage) and select Rates & Fees. In determining the impact to the Sewerage System and applicable connection fees, the Districts will determine the user category (e.g. Condominium, Single Family home, etc.) that best represents the actual or anticipated use of the parcel(s) or facilities on the parcel(s) in the development. For more specific information regarding the connection fee application procedure and fees, the developer should contact the Districts’ Wastewater Fee Public Counter at (562) 908-4288, extension 2727. 6.1.i Packet Pg. 354 Ms. Grace S. Lee 2 January 26, 2021 DOC 6045594.D21 5. In order for the Districts to conform to the requirements of the Federal Clean Air Act (CAA), the capacities of the Districts’ wastewater treatment facilities are based on the regional growth forecast adopted by the Southern California Association of Governments (SCAG). Specific policies included in the development of the SCAG regional growth forecast are incorporated into clean air plans, which are prepared by the South Coast and Antelope Valley Air Quality Management Districts in order to improve air quality in the South Coast and Mojave Desert Air Basins as mandated by the CCA. All expansions of Districts’ facilities must be sized and service phased in a manner that will be consistent with the SCAG regional growth forecast for the counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial. The available capacity of the Districts’ treatment facilities will, therefore, be limited to levels associated with the approved growth identified by SCAG. As such, this letter does not constitute a guarantee of wastewater service, but is to advise the developer that the Districts intend to provide this service up to the levels that are legally permitted and to inform the developer of the currently existing capacity and any proposed expansion of the Districts’ facilities. If you have any questions, please contact the undersigned at (562) 908-4288, extension 2717 or at araza@lacsd.org. Very truly yours, Adriana Raza Customer Service Specialist Facilities Planning Department AR:ar 6.1.i Packet Pg. 355 6.1.i Packet Pg. 356 6.1.i Packet Pg. 357 6.1.i Packet Pg. 358 6.1.i Packet Pg. 359 6.1.i Packet Pg. 360 6.1.i Packet Pg. 361 6.1.i Packet Pg. 362 6.1.i Packet Pg. 363 6.1.i Packet Pg. 364 6.1.i Packet Pg. 365 6.1.i Packet Pg. 366 Andrew Salas, Chairman Nadine Salas, Vice-Chairman Dr. Christina Swindall Martinez, secretary Albert Perez, treasurer I Martha Gonzalez Lemos, treasurer II Richard Gradias, Chairman of the council of Elders PO Box 393 Covina, CA 91723 www.gabrielenoindians.org admin@gabrielenoindians.org GABRIELENO BAND OF MISSION INDIANS - KIZH NATION Historically known as The Gabrielino Tribal Council - San Gabriel Band of Mission Indians recognized by the State of California as the aboriginal tribe of the Los Angeles basin September 24, 2021 Project Name: 2021-2029 Housing Element Update City of Diamond Bar Dear Grace S. Lee, Thank you for your letter regarding the project above. This is to concur that we are in agreement with the Housing Element Update. However, our Tribal government would like to request consultation for any and all future projects within this location. Sincerely, Andrew Salas, Chairman Gabrieleno Band of Mission Indians – Kizh Nation 1(844)390-0787 6.1.i Packet Pg. 367 P: (626) 381-9248 F: (626) 389-5414 E: info@mitchtsailaw.com Mitchell M. Tsai Attorney At Law 139 South Hudson Avenue Suite 200 Pasadena, California 91101 VIA E-MAIL October 11, 2021 Planning Commission Community Development Department, Planning Division City of Diamond Bar 21810 Copley Dr. Diamond Bar, CA 91765 Em: planning@diamondbarca.gov commdev@diamondbarca.gov RE: City of Diamond Bar Special Meeting Agenda Item 7.2: Diamond Bar 2021-2029 Housing Element Update Dear Chairman Rawlings, Vice Chair Garg, Commissioner Barlas, Commissioner Mok, and Commissioner Wolfe, On behalf of the Southwest Regional Council of Carpenters (“Commenter” or “Southwest Carpenters”), my Office is submitting these comments on the City of Diamond Bar’s (“City” or “Lead Agency”) October 13, 2021 Special Meeting of the Planning Commission regarding the draft 2021-2029 update to the City’s General Plan Housing Element (“Draft HEU,” or “Project”). The Southwest Carpenters is a labor union representing more than 50,000 union carpenters in six states and has a strong interest in well ordered land use planning and addressing the environmental impacts of development projects. Individual members of the Southwest Carpenters live, work and recreate in the City and surrounding communities and would be directly affected by the Project’s environmental impacts. Commenters expressly reserve the right to supplement these comments at or prior to hearings on the Project, and at any later hearings and proceedings related to this Project. Cal. Gov. Code § 65009(b); Cal. Pub. Res. Code § 21177(a); Bakersfield Citizens 6.1.i Packet Pg. 368 City of Diamond Bar – 2021-2029 Housing Element Update October 11, 2021 Page 2 of 5 for Local Control v. Bakersfield (2004) 124 Cal. App. 4th 1184, 1199-1203; see Galante Vineyards v. Monterey Water Dist. (1997) 60 Cal. App. 4th 1109, 1121. Commenters expressly reserve the right to supplement these comments at or prior to hearings on the Project, and at any later hearings and proceedings related to this Project. Cal. Gov. Code § 65009(b); Cal. Pub. Res. Code § 21177(a); Bakersfield Citizens for Local Control v. Bakersfield (2004) 124 Cal. App. 4th 1184, 1199-1203; see Galante Vineyards v. Monterey Water Dist. (1997) 60 Cal. App. 4th 1109, 1121. Commenters incorporate by reference all comments raising issues regarding the EIR submitted prior to certification of the EIR for the Project. Citizens for Clean Energy v City of Woodland (2014) 225 Cal. App. 4th 173, 191 (finding that any party who has objected to the Project’s environmental documentation may assert any issue timely raised by other parties). Moreover, Commenters requests that the Lead Agency provide notice for any and all notices referring or related to the Project issued under the California Environmental Quality Act (“CEQA”), Cal Public Resources Code (“PRC”) § 21000 et seq, and the California Planning and Zoning Law (“Planning and Zoning Law”), Cal. Gov’t Code §§ 65000–65010. California Public Resources Code Sections 21092.2, and 21167(f) and Government Code Section 65092 require agencies to mail such notices to any person who has filed a written request for them with the clerk of the agency’s governing body. The City should require housing projects developed pursuant to the final Housing Element Update to provide additional community benefits such as requiring local hire and use of a skilled and trained workforce to build such projects. The City should require the use of workers who have graduated from a Joint Labor Management apprenticeship training program approved by the State of California, or have at least as many hours of on-the-job experience in the applicable craft which would be required to graduate from such a state approved apprenticeship training program or who are registered apprentices in an apprenticeship training program approved by the State of California. Community benefits such as local hire and skilled and trained workforce requirements can also be helpful to reduce environmental impacts and improve the positive economic impact of the Project. Local hire provisions requiring that a certain percentage of workers reside within 10 miles or less of a project site can reduce the 6.1.i Packet Pg. 369 City of Diamond Bar – 2021-2029 Housing Element Update October 11, 2021 Page 3 of 5 length of vendor trips, reduce greenhouse gas emissions and providing localized economic benefits. Local hire provisions requiring that a certain percentage of workers reside within 10 miles or less of a project site can reduce the length of vendor trips, reduce greenhouse gas emissions and providing localized economic benefits. As environmental consultants Matt Hagemann and Paul E. Rosenfeld note: [A]ny local hire requirement that results in a decreased worker trip length from the default value has the potential to result in a reduction of construction-related GHG emissions, though the significance of the reduction would vary based on the location and urbanization level of the project site. March 8, 2021 SWAPE Letter to Mitchell M. Tsai re Local Hire Requirements and Considerations for Greenhouse Gas Modeling. Skilled and trained workforce requirements promote the development of skilled trades that yield sustainable economic development. As the California Workforce Development Board and the UC Berkeley Center for Labor Research and Education concluded: . . . labor should be considered an investment rather than a cost – and investments in growing, diversifying, and upskilling California’s workforce can positively affect returns on climate mitigation efforts. In other words, well trained workers are key to delivering emissions reductions and moving California closer to its climate targets.1 Local skilled and trained workforce requirements and policies have significant environmental benefits since they improve an area’s jobs-housing balance, decreasing the amount of and length of job commutes and their associated greenhouse gas emissions. Recently, on May 7, 2021, the South Coast Air Quality Management District found that that the “[u]se of a local state-certified apprenticeship program or a skilled and trained workforce with a local hire component” can result in air pollutant reductions.2 1 California Workforce Development Board (2020) Putting California on the High Road: A Jobs and Climate Action Plan for 2030 at p. ii, available at https://laborcenter.berkeley.edu/wp-content/uploads/2020/09/Putting-California- on-the-High-Road.pdf 2 South Coast Air Quality Management District (May 7, 2021) Certify Final Environmental Assessment and Adopt Proposed Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions Program, and Proposed Rule 316 – Fees for Rule 2305, Submit Rule 2305 for Inclusion Into the SIP, and Approve 6.1.i Packet Pg. 370 City of Diamond Bar – 2021-2029 Housing Element Update October 11, 2021 Page 4 of 5 Cities are increasingly adopting local skilled and trained workforce policies and requirements into general plans and municipal codes. For example, the City of Hayward 2040 General Plan requires the City to “promote local hiring . . . to help achieve a more positive jobs-housing balance, and reduce regional commuting, gas consumption, and greenhouse gas emissions.”3 In fact, the City of Hayward has gone as far as to adopt a Skilled Labor Force policy into its Downtown Specific Plan and municipal code, requiring developments in its Downtown area to requiring that the City “[c]ontribute to the stabilization of regional construction markets by spurring applicants of housing and nonresidential developments to require contractors to utilize apprentices from state-approved, joint labor-management training programs, . . .”4 In addition, the City of Hayward requires all projects 30,000 square feet or larger to “utilize apprentices from state-approved, joint labor-management training programs.”5 Locating jobs closer to residential areas can have significant environmental benefits. As the California Planning Roundtable noted in 2008: People who live and work in the same jurisdiction would be more likely to take transit, walk, or bicycle to work than residents of less balanced communities and their vehicle trips would be shorter. Benefits would include potential reductions in both vehicle miles traveled and vehicle hours traveled.6 In addition, local hire mandates as well as skill training are critical facets of a strategy to reduce vehicle miles traveled. As planning experts Robert Cervero and Michael Duncan noted, simply placing jobs near housing stock is insufficient to achieve VMT reductions since the skill requirements of available local jobs must be matched to those held by local residents.7 Some municipalities have tied local hire and skilled and trained Supporting Budget Actions, available at http://www.aqmd.gov/docs/default-source/Agendas/Governing- Board/2021/2021-May7-027.pdf?sfvrsn=10 3 City of Hayward (2014) Hayward 2040 General Plan Policy Document at p. 3-99, available at https://www.hayward- ca.gov/sites/default/files/documents/General_Plan_FINAL.pdf. 4 City of Hayward (2019) Hayward Downtown Specific Plan at p. 5-24, available at https://www.hayward- ca.gov/sites/default/files/Hayward%20Downtown%20Specific%20Plan.pdf. 5 City of Hayward Municipal Code, Chapter 10, § 28.5.3.020(C). 6 California Planning Roundtable (2008) Deconstructing Jobs-Housing Balance at p. 6, available at https://cproundtable.org/static/media/uploads/publications/cpr-jobs-housing.pdf. 7 Cervero, Robert and Duncan, Michael (2006) Which Reduces Vehicle Travel More: Jobs-Housing Balance or Retail- Housing Mixing? Journal of the American Planning Association 72 (4), 475-490, 482, available at http://reconnectingamerica.org/assets/Uploads/UTCT-825.pdf. 6.1.i Packet Pg. 371 City of Diamond Bar – 2021-2029 Housing Element Update October 11, 2021 Page 5 of 5 workforce policies to local development permits to address transportation issues. As Cervero and Duncan note: In nearly built-out Berkeley, CA, the approach to balancing jobs and housing is to create local jobs rather than to develop new housing.” The city’s First Source program encourages businesses to hire local residents, especially for entry- and intermediate-level jobs, and sponsors vocational training to ensure residents are employment-ready. While the program is voluntary, some 300 businesses have used it to date, placing more than 3,000 city residents in local jobs since it was launched in 1986. When needed, these carrots are matched by sticks, since the city is not shy about negotiating corporate participation in First Source as a condition of approval for development permits. The City should consider requiring the utilization of skilled and trained workforce policies and requirements to benefit the local area economically and mitigate greenhouse gas, air quality and transportation impacts. Sincerely, __________________________ Mitchell M. Tsai Attorneys for Southwest Regional Council of Carpenters Attached: March 8, 2021 SWAPE Letter to Mitchell M. Tsai re Local Hire Requirements and Considerations for Greenhouse Gas Modeling (Exhibit A); Air Quality and GHG Expert Paul Rosenfeld CV (Exhibit B); and Air Quality and GHG Expert Matt Hagemann CV (Exhibit C). 6.1.i Packet Pg. 372 EXHIBIT A 6.1.i Packet Pg. 373 1 2656 29th Street, Suite 201 Santa Monica, CA 90405 Matt Hagemann, P.G, C.Hg. (949) 887-9013 mhagemann@swape.com Paul E. Rosenfeld, PhD (310) 795-2335 prosenfeld@swape.com March 8, 2021 Mitchell M. Tsai 155 South El Molino, Suite 104 Pasadena, CA 91101 Subject: Local Hire Requirements and Considerations for Greenhouse Gas Modeling Dear Mr. Tsai, Soil Water Air Protection Enterprise (“SWAPE”) is pleased to provide the following draft technical report explaining the significance of worker trips required for construction of land use development projects with respect to the estimation of greenhouse gas (“GHG”) emissions. The report will also discuss the potential for local hire requirements to reduce the length of worker trips, and consequently, reduced or mitigate the potential GHG impacts. Worker Trips and Greenhouse Gas Calculations The California Emissions Estimator Model (“CalEEMod”) is a “statewide land use emissions computer model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions associated with both construction and operations from a variety of land use projects.”1 CalEEMod quantifies construction-related emissions associated with land use projects resulting from off-road construction equipment; on-road mobile equipment associated with workers, vendors, and hauling; fugitive dust associated with grading, demolition, truck loading, and on-road vehicles traveling along paved and unpaved roads; and architectural coating activities; and paving.2 The number, length, and vehicle class of worker trips are utilized by CalEEMod to calculate emissions associated with the on-road vehicle trips required to transport workers to and from the Project site during construction.3 1 “California Emissions Estimator Model.” CAPCOA, 2017, available at: http://www.aqmd.gov/caleemod/home. 2 “California Emissions Estimator Model.” CAPCOA, 2017, available at: http://www.aqmd.gov/caleemod/home. 3 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/01_user-39-s-guide2016-3-2_15november2017.pdf?sfvrsn=4, p. 34. 6.1.i Packet Pg. 374 2 Specifically, the number and length of vehicle trips is utilized to estimate the vehicle miles travelled (“VMT”) associated with construction. Then, utilizing vehicle-class specific EMFAC 2014 emission factors, CalEEMod calculates the vehicle exhaust, evaporative, and dust emissions resulting from construction-related VMT, including personal vehicles for worker commuting.4 Specifically, in order to calculate VMT, CalEEMod multiplies the average daily trip rate by the average overall trip length (see excerpt below): “VMTd = Σ(Average Daily Trip Rate i * Average Overall Trip Length i) n Where: n = Number of land uses being modeled.”5 Furthermore, to calculate the on-road emissions associated with worker trips, CalEEMod utilizes the following equation (see excerpt below): “Emissionspollutant = VMT * EFrunning,pollutant Where: Emissionspollutant = emissions from vehicle running for each pollutant VMT = vehicle miles traveled EFrunning,pollutant = emission factor for running emissions.”6 Thus, there is a direct relationship between trip length and VMT, as well as a direct relationship between VMT and vehicle running emissions. In other words, when the trip length is increased, the VMT and vehicle running emissions increase as a result. Thus, vehicle running emissions can be reduced by decreasing the average overall trip length, by way of a local hire requirement or otherwise. Default Worker Trip Parameters and Potential Local Hire Requirements As previously discussed, the number, length, and vehicle class of worker trips are utilized by CalEEMod to calculate emissions associated with the on-road vehicle trips required to transport workers to and from the Project site during construction.7 In order to understand how local hire requirements and associated worker trip length reductions impact GHG emissions calculations, it is important to consider the CalEEMod default worker trip parameters. CalEEMod provides recommended default values based on site-specific information, such as land use type, meteorological data, total lot acreage, project type and typical equipment associated with project type. If more specific project information is known, the user can change the default values and input project- specific values, but the California Environmental Quality Act (“CEQA”) requires that such changes be justified by substantial evidence.8 The default number of construction-related worker trips is calculated by multiplying the 4 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 14-15. 5 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 23. 6 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 15. 7 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/01_user-39-s-guide2016-3-2_15november2017.pdf?sfvrsn=4, p. 34. 8 CalEEMod User Guide, available at: http://www.caleemod.com/, p. 1, 9. 6.1.i Packet Pg. 375 3 number of pieces of equipment for all phases by 1.25, with the exception of worker trips required for the building construction and architectural coating phases.9 Furthermore, the worker trip vehicle class is a 50/25/25 percent mix of light duty autos, light duty truck class 1 and light duty truck class 2, respectively.”10 Finally, the default worker trip length is consistent with the length of the operational home-to-work vehicle trips.11 The operational home-to-work vehicle trip lengths are: “[B]ased on the location and urbanization selected on the project characteristic screen. These values were supplied by the air districts or use a default average for the state. Each district (or county) also assigns trip lengths for urban and rural settings” (emphasis added). 12 Thus, the default worker trip length is based on the location and urbanization level selected by the User when modeling emissions. The below table shows the CalEEMod default rural and urban worker trip lengths by air basin (see excerpt below and Attachment A).13 Worker Trip Length by Air Basin Air Basin Rural (miles) Urban (miles) Great Basin Valleys 16.8 10.8 Lake County 16.8 10.8 Lake Tahoe 16.8 10.8 Mojave Desert 16.8 10.8 Mountain Counties 16.8 10.8 North Central Coast 17.1 12.3 North Coast 16.8 10.8 Northeast Plateau 16.8 10.8 Sacramento Valley 16.8 10.8 Salton Sea 14.6 11 San Diego 16.8 10.8 San Francisco Bay Area 10.8 10.8 San Joaquin Valley 16.8 10.8 South Central Coast 16.8 10.8 South Coast 19.8 14.7 Average 16.47 11.17 Minimum 10.80 10.80 Maximum 19.80 14.70 Range 9.00 3.90 9 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/01_user-39-s-guide2016-3-2_15november2017.pdf?sfvrsn=4, p. 34. 10 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default-source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 15. 11 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default-source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 14. 12 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default-source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 21. 13 “Appendix D Default Data Tables.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/05_appendix-d2016-3-2.pdf?sfvrsn=4, p. D-84 – D-86. 6.1.i Packet Pg. 376 4 As demonstrated above, default rural worker trip lengths for air basins in California vary from 10.8- to 19.8- miles, with an average of 16.47 miles. Furthermore, default urban worker trip lengths vary from 10.8- to 14.7- miles, with an average of 11.17 miles. Thus, while default worker trip lengths vary by location, default urban worker trip lengths tend to be shorter in length. Based on these trends evident in the CalEEMod default worker trip lengths, we can reasonably assume that the efficacy of a local hire requirement is especially dependent upon the urbanization of the project site, as well as the project location. Practical Application of a Local Hire Requirement and Associated Impact To provide an example of the potential impact of a local hire provision on construction-related GHG emissions, we estimated the significance of a local hire provision for the Village South Specific Plan (“Project”) located in the City of Claremont (“City”). The Project proposed to construct 1,000 residential units, 100,000-SF of retail space, 45,000-SF of office space, as well as a 50-room hotel, on the 24-acre site. The Project location is classified as Urban and lies within the Los Angeles-South Coast County. As a result, the Project has a default worker trip length of 14.7 miles.14 In an effort to evaluate the potential for a local hire provision to reduce the Project’s construction-related GHG emissions, we prepared an updated model, reducing all worker trip lengths to 10 miles (see Attachment B). Our analysis estimates that if a local hire provision with a 10-mile radius were to be implemented, the GHG emissions associated with Project construction would decrease by approximately 17% (see table below and Attachment C). Local Hire Provision Net Change Without Local Hire Provision Total Construction GHG Emissions (MT CO2e) 3,623 Amortized Construction GHG Emissions (MT CO2e/year) 120.77 With Local Hire Provision Total Construction GHG Emissions (MT CO2e) 3,024 Amortized Construction GHG Emissions (MT CO2e/year) 100.80 % Decrease in Construction-related GHG Emissions 17% As demonstrated above, by implementing a local hire provision requiring 10 mile worker trip lengths, the Project could reduce potential GHG emissions associated with construction worker trips. More broadly, any local hire requirement that results in a decreased worker trip length from the default value has the potential to result in a reduction of construction-related GHG emissions, though the significance of the reduction would vary based on the location and urbanization level of the project site. This serves as an example of the potential impacts of local hire requirements on estimated project-level GHG emissions, though it does not indicate that local hire requirements would result in reduced construction-related GHG emission for all projects. As previously described, the significance of a local hire requirement depends on the worker trip length enforced and the default worker trip length for the project’s urbanization level and location. 14 “Appendix D Default Data Tables.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/05_appendix-d2016-3-2.pdf?sfvrsn=4, p. D-85. 6.1.i Packet Pg. 377 5 Disclaimer SWAPE has received limited discovery. Additional information may become available in the future; thus, we retain the right to revise or amend this report when additional information becomes available. Our professional services have been performed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable environmental consultants practicing in this or similar localities at the time of service. No other warranty, expressed or implied, is made as to the scope of work, work methodologies and protocols, site conditions, analytical testing results, and findings presented. This report reflects efforts which were limited to information that was reasonably accessible at the time of the work, and may contain informational gaps, inconsistencies, or otherwise be incomplete due to the unavailability or uncertainty of information obtained or provided by third parties. Sincerely, Matt Hagemann, P.G., C.Hg. Paul E. Rosenfeld, Ph.D. 6.1.i Packet Pg. 378 EXHIBIT B 6.1.i Packet Pg. 379 SOIL WATER AIR PROTECTION ENTERPRISE 2656 29th Street, Suite 201 Santa Monica, California 90405 Attn: Paul Rosenfeld, Ph.D. Mobil: (310) 795-2335 Office: (310) 452-5555 Fax: (310) 452-5550 Email: prosenfeld@swape.com Paul E. Rosenfeld, Ph.D. Page 1 of 10 June 2019 Paul Rosenfeld, Ph.D. Chemical Fate and Transport & Air Dispersion Modeling Principal Environmental Chemist Risk Assessment & Remediation Specialist Education Ph.D. Soil Chemistry, University of Washington, 1999. Dissertation on volatile organic compound filtration. M.S. Environmental Science, U.C. Berkeley, 1995. Thesis on organic waste economics. B.A. Environmental Studies, U.C. Santa Barbara, 1991. Thesis on wastewater treatment. Professional Experience Dr. Rosenfeld has over 25 years’ experience conducting environmental investigations and risk assessments for evaluating impacts to human health, property, and ecological receptors. His expertise focuses on the fate and transport of environmental contaminants, human health risk, exposure assessment, and ecological restoration. Dr. Rosenfeld has evaluated and modeled emissions from unconventional oil drilling operations, oil spills, landfills, boilers and incinerators, process stacks, storage tanks, confined animal feeding operations, and many other industrial and agricultural sources. His project experience ranges from monitoring and modeling of pollution sources to evaluating impacts of pollution on workers at industrial facilities and residents in surrounding communities. Dr. Rosenfeld has investigated and designed remediation programs and risk assessments for contaminated sites containing lead, heavy metals, mold, bacteria, particulate matter, petroleum hydrocarbons, chlorinated solvents, pesticides, radioactive waste, dioxins and furans, semi- and volatile organic compounds, PCBs, PAHs, perchlorate, asbestos, per- and poly-fluoroalkyl substances (PFOA/PFOS), unusual polymers, fuel oxygenates (MTBE), among other pollutants. Dr. Rosenfeld also has experience evaluating greenhouse gas emissions from various projects and is an expert on the assessment of odors from industrial and agricultural sites, as well as the evaluation of odor nuisance impacts and technologies for abatement of odorous emissions. As a principal scientist at SWAPE, Dr. Rosenfeld directs air dispersion modeling and exposure assessments. He has served as an expert witness and testified about pollution sources causing nuisance and/or personal injury at dozens of sites and has testified as an expert witness on more than ten cases involving exposure to air contaminants from industrial sources. 6.1.i Packet Pg. 380 Paul E. Rosenfeld, Ph.D. Page 2 of 10 June 2019 Professional History: Soil Water Air Protection Enterprise (SWAPE); 2003 to present; Principal and Founding Partner UCLA School of Public Health; 2007 to 2011; Lecturer (Assistant Researcher) UCLA School of Public Health; 2003 to 2006; Adjunct Professor UCLA Environmental Science and Engineering Program; 2002-2004; Doctoral Intern Coordinator UCLA Institute of the Environment, 2001-2002; Research Associate Komex H2O Science, 2001 to 2003; Senior Remediation Scientist National Groundwater Association, 2002-2004; Lecturer San Diego State University, 1999-2001; Adjunct Professor Anteon Corp., San Diego, 2000-2001; Remediation Project Manager Ogden (now Amec), San Diego, 2000-2000; Remediation Project Manager Bechtel, San Diego, California, 1999 – 2000; Risk Assessor King County, Seattle, 1996 – 1999; Scientist James River Corp., Washington, 1995-96; Scientist Big Creek Lumber, Davenport, California, 1995; Scientist Plumas Corp., California and USFS, Tahoe 1993-1995; Scientist Peace Corps and World Wildlife Fund, St. Kitts, West Indies, 1991-1993; Scientist Publications: Remy, L.L., Clay T., Byers, V., Rosenfeld P. E. (2019) Hospital, Health, and Community Burden After Oil Refinery Fires, Richmond, California 2007 and 2012. Environmental Health. 18:48 Simons, R.A., Seo, Y. Rosenfeld, P., (2015) Modeling the Effect of Refinery Emission On Residential Property Value. Journal of Real Estate Research. 27(3):321-342 Chen, J. A, Zapata A. R., Sutherland A. J., Molmen, D.R., Chow, B. S., Wu, L. E., Rosenfeld, P. E., Hesse, R. C., (2012) Sulfur Dioxide and Volatile Organic Compound Exposure To A Community In Texas City Texas Evaluated Using Aermod and Empirical Data. American Journal of Environmental Science, 8(6), 622-632. Rosenfeld, P.E. & Feng, L. (2011). The Risks of Hazardous Waste. Amsterdam: Elsevier Publishing. Cheremisinoff, N.P., & Rosenfeld, P.E. (2011). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Agrochemical Industry, Amsterdam: Elsevier Publishing. Gonzalez, J., Feng, L., Sutherland, A., Waller, C., Sok, H., Hesse, R., Rosenfeld, P. (2010). PCBs and Dioxins/Furans in Attic Dust Collected Near Former PCB Production and Secondary Copper Facilities in Sauget, IL. Procedia Environmental Sciences. 113–125. Feng, L., Wu, C., Tam, L., Sutherland, A.J., Clark, J.J., Rosenfeld, P.E. (2010). Dioxin and Furan Blood Lipid and Attic Dust Concentrations in Populations Living Near Four Wood Treatment Facilities in the United States. Journal of Environmental Health. 73(6), 34-46. Cheremisinoff, N.P., & Rosenfeld, P.E. (2010). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Wood and Paper Industries. Amsterdam: Elsevier Publishing. Cheremisinoff, N.P., & Rosenfeld, P.E. (2009). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Petroleum Industry. Amsterdam: Elsevier Publishing. Wu, C., Tam, L., Clark, J., Rosenfeld, P. (2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. WIT Transactions on Ecology and the Environment, Air Pollution, 123 (17), 319-327. 6.1.i Packet Pg. 381 Paul E. Rosenfeld, Ph.D. Page 3 of 10 June 2019 Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). A Statistical Analysis Of Attic Dust And Blood Lipid Concentrations Of Tetrachloro-p-Dibenzodioxin (TCDD) Toxicity Equivalency Quotients (TEQ) In Two Populations Near Wood Treatment Facilities. Organohalogen Compounds, 70, 002252-002255. Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). Methods For Collect Samples For Assessing Dioxins And Other Environmental Contaminants In Attic Dust: A Review. Organohalogen Compounds, 70, 000527- 000530. Hensley, A.R. A. Scott, J. J. J. Clark, Rosenfeld, P.E. (2007). Attic Dust and Human Blood Samples Collected near a Former Wood Treatment Facility. Environmental Research. 105, 194-197. Rosenfeld, P.E., J. J. J. Clark, A. R. Hensley, M. Suffet. (2007). The Use of an Odor Wheel Classification for Evaluation of Human Health Risk Criteria for Compost Facilities. Water Science & Technology 55(5), 345-357. Rosenfeld, P. E., M. Suffet. (2007). The Anatomy Of Odour Wheels For Odours Of Drinking Water, Wastewater, Compost And The Urban Environment. Water Science & Technology 55(5), 335-344. Sullivan, P. J. Clark, J.J.J., Agardy, F. J., Rosenfeld, P.E. (2007). Toxic Legacy, Synthetic Toxins in the Food, Water, and Air in American Cities. Boston Massachusetts: Elsevier Publishing Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash. Water Science and Technology. 49(9),171-178. Rosenfeld P. E., J.J. Clark, I.H. (Mel) Suffet (2004). The Value of An Odor-Quality-Wheel Classification Scheme For The Urban Environment. Water Environment Federation’s Technical Exhibition and Conference (WEFTEC) 2004. New Orleans, October 2-6, 2004. Rosenfeld, P.E., and Suffet, I.H. (2004). Understanding Odorants Associated With Compost, Biomass Facilities, and the Land Application of Biosolids. Water Science and Technology. 49(9), 193-199. Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash, Water Science and Technology, 49( 9), 171-178. Rosenfeld, P. E., Grey, M. A., Sellew, P. (2004). Measurement of Biosolids Odor and Odorant Emissions from Windrows, Static Pile and Biofilter. Water Environment Research. 76(4), 310-315. Rosenfeld, P.E., Grey, M and Suffet, M. (2002). Compost Demonstration Project, Sacramento California Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Integrated Waste Management Board Public Affairs Office, Publications Clearinghouse (MS–6), Sacramento, CA Publication #442-02-008. Rosenfeld, P.E., and C.L. Henry. (2001). Characterization of odor emissions from three different biosolids. Water Soil and Air Pollution. 127(1-4), 173-191. Rosenfeld, P.E., and Henry C. L., (2000). Wood ash control of odor emissions from biosolids application. Journal of Environmental Quality. 29, 1662-1668. Rosenfeld, P.E., C.L. Henry and D. Bennett. (2001). Wastewater dewatering polymer affect on biosolids odor emissions and microbial activity. Water Environment Research. 73(4), 363-367. Rosenfeld, P.E., and C.L. Henry. (2001). Activated Carbon and Wood Ash Sorption of Wastewater, Compost, and Biosolids Odorants. Water Environment Research, 73, 388-393. Rosenfeld, P.E., and Henry C. L., (2001). High carbon wood ash effect on biosolids microbial activity and odor. Water Environment Research. 131(1-4), 247-262. 6.1.i Packet Pg. 382 Paul E. Rosenfeld, Ph.D. Page 4 of 10 June 2019 Chollack, T. and P. Rosenfeld. (1998). Compost Amendment Handbook For Landscaping. Prepared for and distributed by the City of Redmond, Washington State. Rosenfeld, P. E. (1992). The Mount Liamuiga Crater Trail. Heritage Magazine of St. Kitts, 3(2). Rosenfeld, P. E. (1993). High School Biogas Project to Prevent Deforestation On St. Kitts. Biomass Users Network, 7(1). Rosenfeld, P. E. (1998). Characterization, Quantification, and Control of Odor Emissions From Biosolids Application To Forest Soil. Doctoral Thesis. University of Washington College of Forest Resources. Rosenfeld, P. E. (1994). Potential Utilization of Small Diameter Trees on Sierra County Public Land. Masters thesis reprinted by the Sierra County Economic Council. Sierra County, California. Rosenfeld, P. E. (1991). How to Build a Small Rural Anaerobic Digester & Uses Of Biogas In The First And Third World. Bachelors Thesis. University of California. Presentations: Rosenfeld, P.E., Sutherland, A; Hesse, R.; Zapata, A. (October 3-6, 2013). Air dispersion modeling of volatile organic emissions from multiple natural gas wells in Decatur, TX. 44th Western Regional Meeting, American Chemical Society. Lecture conducted from Santa Clara, CA. Sok, H.L.; Waller, C.C.; Feng, L.; Gonzalez, J.; Sutherland, A.J.; Wisdom-Stack, T.; Sahai, R.K.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Atrazine: A Persistent Pesticide in Urban Drinking Water. Urban Environmental Pollution. Lecture conducted from Boston, MA. Feng, L.; Gonzalez, J.; Sok, H.L.; Sutherland, A.J.; Waller, C.C.; Wisdom-Stack, T.; Sahai, R.K.; La, M.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Bringing Environmental Justice to East St. Louis, Illinois. Urban Environmental Pollution. Lecture conducted from Boston, MA. Rosenfeld, P.E. (April 19-23, 2009). Perfluoroctanoic Acid (PFOA) and Perfluoroactane Sulfonate (PFOS) Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting, Lecture conducted from Tuscon, AZ. Rosenfeld, P.E. (April 19-23, 2009). Cost to Filter Atrazine Contamination from Drinking Water in the United States” Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting. Lecture conducted from Tuscon, AZ. Wu, C., Tam, L., Clark, J., Rosenfeld, P. (20-22 July, 2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. Brebbia, C.A. and Popov, V., eds., Air Pollution XVII: Proceedings of the Seventeenth International Conference on Modeling, Monitoring and Management of Air Pollution. Lecture conducted from Tallinn, Estonia. Rosenfeld, P. E. (October 15-18, 2007). Moss Point Community Exposure To Contaminants From A Releasing Facility. The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA. Rosenfeld, P. E. (October 15-18, 2007). The Repeated Trespass of Tritium-Contaminated Water Into A Surrounding Community Form Repeated Waste Spills From A Nuclear Power Plant. The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA. 6.1.i Packet Pg. 383 Paul E. Rosenfeld, Ph.D. Page 5 of 10 June 2019 Rosenfeld, P. E. (October 15-18, 2007). Somerville Community Exposure To Contaminants From Wood Treatment Facility Emissions. The 23rd Annual International Conferences on Soils Sediment and Water. Lecture conducted from University of Massachusetts, Amherst MA. Rosenfeld P. E. (March 2007). Production, Chemical Properties, Toxicology, & Treatment Case Studies of 1,2,3- Trichloropropane (TCP). The Association for Environmental Health and Sciences (AEHS) Annual Meeting . Lecture conducted from San Diego, CA. Rosenfeld P. E. (March 2007). Blood and Attic Sampling for Dioxin/Furan, PAH, and Metal Exposure in Florala, Alabama. The AEHS Annual Meeting. Lecture conducted from San Diego, CA. Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (August 21 – 25, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. The 26th International Symposium on Halogenated Persistent Organic Pollutants – DIOXIN2006. Lecture conducted from Radisson SAS Scandinavia Hotel in Oslo Norway. Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (November 4-8, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. APHA 134 Annual Meeting & Exposition. Lecture conducted from Boston Massachusetts. Paul Rosenfeld Ph.D. (October 24-25, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals. Mealey’s C8/PFOA. Science, Risk & Litigation Conference. Lecture conducted from The Rittenhouse Hotel, Philadelphia, PA. Paul Rosenfeld Ph.D. (September 19, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel, Irvine California. Paul Rosenfeld Ph.D. (September 19, 2005). Fate, Transport, Toxicity, And Persistence of 1,2,3-TCP. PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel in Irvine, California. Paul Rosenfeld Ph.D. (September 26-27, 2005). Fate, Transport and Persistence of PDBEs. Mealey’s Groundwater Conference. Lecture conducted from Ritz Carlton Hotel, Marina Del Ray, California. Paul Rosenfeld Ph.D. (June 7-8, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals. International Society of Environmental Forensics: Focus On Emerging Contaminants. Lecture conducted from Sheraton Oceanfront Hotel, Virginia Beach, Virginia. Paul Rosenfeld Ph.D. (July 21-22, 2005). Fate Transport, Persistence and Toxicology of PFOA and Related Perfluorochemicals. 2005 National Groundwater Association Ground Water And Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland. Paul Rosenfeld Ph.D. (July 21-22, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation. 2005 National Groundwater Association Ground Water and Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland. Paul Rosenfeld, Ph.D. and James Clark Ph.D. and Rob Hesse R.G. (May 5-6, 2004). Tert-butyl Alcohol Liability and Toxicology, A National Problem and Unquantified Liability. National Groundwater Association. Environmental Law Conference. Lecture conducted from Congress Plaza Hotel, Chicago Illinois. Paul Rosenfeld, Ph.D. (March 2004). Perchlorate Toxicology. Meeting of the American Groundwater Trust. Lecture conducted from Phoenix Arizona. Hagemann, M.F., Paul Rosenfeld, Ph.D. and Rob Hesse (2004). Perchlorate Contamination of the Colorado River. Meeting of tribal representatives. Lecture conducted from Parker, AZ. 6.1.i Packet Pg. 384 Paul E. Rosenfeld, Ph.D. Page 6 of 10 June 2019 Paul Rosenfeld, Ph.D. (April 7, 2004). A National Damage Assessment Model For PCE and Dry Cleaners. Drycleaner Symposium. California Ground Water Association. Lecture conducted from Radison Hotel, Sacramento, California. Rosenfeld, P. E., Grey, M., (June 2003) Two stage biofilter for biosolids composting odor control. Seventh International In Situ And On Site Bioremediation Symposium Battelle Conference Orlando, FL. Paul Rosenfeld, Ph.D. and James Clark Ph.D. (February 20-21, 2003) Understanding Historical Use, Chemical Properties, Toxicity and Regulatory Guidance of 1,4 Dioxane. National Groundwater Association. Southwest Focus Conference. Water Supply and Emerging Contaminants.. Lecture conducted from Hyatt Regency Phoenix Arizona. Paul Rosenfeld, Ph.D. (February 6-7, 2003). Underground Storage Tank Litigation and Remediation. California CUPA Forum. Lecture conducted from Marriott Hotel, Anaheim California. Paul Rosenfeld, Ph.D. (October 23, 2002) Underground Storage Tank Litigation and Remediation. EPA Underground Storage Tank Roundtable. Lecture conducted from Sacramento California. Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Understanding Odor from Compost, Wastewater and Industrial Processes. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain. Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Using High Carbon Wood Ash to Control Compost Odor. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association . Lecture conducted from Barcelona Spain. Rosenfeld, P.E. and Grey, M. A. (September 22-24, 2002). Biocycle Composting For Coastal Sage Restoration. Northwest Biosolids Management Association. Lecture conducted from Vancouver Washington.. Rosenfeld, P.E. and Grey, M. A. (November 11-14, 2002). Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Soil Science Society Annual Conference. Lecture conducted from Indianapolis, Maryland. Rosenfeld. P.E. (September 16, 2000). Two stage biofilter for biosolids composting odor control. Water Environment Federation. Lecture conducted from Anaheim California. Rosenfeld. P.E. (October 16, 2000). Wood ash and biofilter control of compost odor. Biofest. Lecture conducted from Ocean Shores, California. Rosenfeld, P.E. (2000). Bioremediation Using Organic Soil Amendments. California Resource Recovery Association. Lecture conducted from Sacramento California. Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington. Rosenfeld, P.E., and C.L. Henry. (1999). An evaluation of ash incorporation with biosolids for odor reduction. Soil Science Society of America. Lecture conducted from Salt Lake City Utah. Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Comparison of Microbial Activity and Odor Emissions from Three Different Biosolids Applied to Forest Soil. Brown and Caldwell. Lecture conducted from Seattle Washington. Rosenfeld, P.E., C.L. Henry. (1998). Characterization, Quantification, and Control of Odor Emissions from Biosolids Application To Forest Soil. Biofest. Lecture conducted from Lake Chelan, Washington. 6.1.i Packet Pg. 385 Paul E. Rosenfeld, Ph.D. Page 7 of 10 June 2019 Rosenfeld, P.E, C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington. Rosenfeld, P.E., C.L. Henry, R. B. Harrison, and R. Dills. (1997). Comparison of Odor Emissions From Three Different Biosolids Applied to Forest Soil. Soil Science Society of America. Lecture conducted from Anaheim California. Teaching Experience: UCLA Department of Environmental Health (Summer 2003 through 20010) Taught Environmental Health Science 100 to students, including undergrad, medical doctors, public health professionals and nurses. Course focused on the health effects of environmental contaminants. National Ground Water Association, Successful Remediation Technologies. Custom Course in Sante Fe, New Mexico. May 21, 2002. Focused on fate and transport of fuel contaminants associated with underground storage tanks. National Ground Water Association; Successful Remediation Technologies Course in Chicago Illinois. April 1, 2002. Focused on fate and transport of contaminants associated with Superfund and RCRA sites. California Integrated Waste Management Board, April and May, 2001. Alternative Landfill Caps Seminar in San Diego, Ventura, and San Francisco. Focused on both prescriptive and innovative landfill cover design. UCLA Department of Environmental Engineering, February 5, 2002. Seminar on Successful Remediation Technologies focusing on Groundwater Remediation. University Of Washington, Soil Science Program, Teaching Assistant for several courses including: Soil Chemistry, Organic Soil Amendments, and Soil Stability. U.C. Berkeley, Environmental Science Program Teaching Assistant for Environmental Science 10. Academic Grants Awarded: California Integrated Waste Management Board. $41,000 grant awarded to UCLA Institute of the Environment. Goal: To investigate effect of high carbon wood ash on volatile organic emissions from compost. 2001. Synagro Technologies, Corona California: $10,000 grant awarded to San Diego State University. Goal: investigate effect of biosolids for restoration and remediation of degraded coastal sage soils. 2000. King County, Department of Research and Technology, Washington State. $100,000 grant awarded to University of Washington: Goal: To investigate odor emissions from biosolids application and the effect of polymers and ash on VOC emissions. 1998. Northwest Biosolids Management Association, Washington State. $20,000 grant awarded to investigate effect of polymers and ash on VOC emissions from biosolids. 1997. James River Corporation, Oregon: $10,000 grant was awarded to investigate the success of genetically engineered Poplar trees with resistance to round-up. 1996. United State Forest Service, Tahoe National Forest: $15,000 grant was awarded to investigating fire ecology of the Tahoe National Forest. 1995. Kellogg Foundation, Washington D.C. $500 grant was awarded to construct a large anaerobic digester on St. Kitts in West Indies. 1993 6.1.i Packet Pg. 386 Paul E. Rosenfeld, Ph.D. Page 8 of 10 June 2019 Deposition and/or Trial Testimony: In the United States District Court For The District of New Jersey Duarte et al, Plaintiffs, vs. United States Metals Refining Company et. al. Defendant. Case No.: 2:17-cv-01624-ES-SCM Rosenfeld Deposition. 6-7-2019 In the United States District Court of Southern District of Texas Galveston Division M/T Carla Maersk, Plaintiffs, vs. Conti 168., Schiffahrts-GMBH & Co. Bulker KG MS “Conti Perdido” Defendant. Case No.: 3:15-CV-00106 consolidated with 3:15-CV-00237 Rosenfeld Deposition. 5-9-2019 In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica Carole-Taddeo-Bates et al., vs. Ifran Khan et al., Defendants Case No.: No. BC615636 Rosenfeld Deposition, 1-26-2019 In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica The San Gabriel Valley Council of Governments et al. vs El Adobe Apts. Inc. et al., Defendants Case No.: No. BC646857 Rosenfeld Deposition, 10-6-2018; Trial 3-7-19 In United States District Court For The District of Colorado Bells et al. Plaintiff vs. The 3M Company et al., Defendants Case: No 1:16-cv-02531-RBJ Rosenfeld Deposition, 3-15-2018 and 4-3-2018 In The District Court Of Regan County, Texas, 112th Judicial District Phillip Bales et al., Plaintiff vs. Dow Agrosciences, LLC, et al., Defendants Cause No 1923 Rosenfeld Deposition, 11-17-2017 In The Superior Court of the State of California In And For The County Of Contra Costa Simons et al., Plaintiffs vs. Chevron Corporation, et al., Defendants Cause No C12-01481 Rosenfeld Deposition, 11-20-2017 In The Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. 0i9-L-2295 Rosenfeld Deposition, 8-23-2017 In The Superior Court of the State of California, For The County of Los Angeles Warrn Gilbert and Penny Gilber, Plaintiff vs. BMW of North America LLC Case No.: LC102019 (c/w BC582154) Rosenfeld Deposition, 8-16-2017, Trail 8-28-2018 In the Northern District Court of Mississippi, Greenville Division Brenda J. Cooper, et al., Plaintiffs, vs. Meritor Inc., et al., Defendants Case Number: 4:16-cv-52-DMB-JVM Rosenfeld Deposition: July 2017 6.1.i Packet Pg. 387 Paul E. Rosenfeld, Ph.D. Page 9 of 10 June 2019 In The Superior Court of the State of Washington, County of Snohomish Michael Davis and Julie Davis et al., Plaintiff vs. Cedar Grove Composting Inc., Defendants Case No.: No. 13-2-03987-5 Rosenfeld Deposition, February 2017 Trial, March 2017 In The Superior Court of the State of California, County of Alameda Charles Spain., Plaintiff vs. Thermo Fisher Scientific, et al., Defendants Case No.: RG14711115 Rosenfeld Deposition, September 2015 In The Iowa District Court In And For Poweshiek County Russell D. Winburn, et al., Plaintiffs vs. Doug Hoksbergen, et al., Defendants Case No.: LALA002187 Rosenfeld Deposition, August 2015 In The Iowa District Court For Wapello County Jerry Dovico, et al., Plaintiffs vs. Valley View Sine LLC, et al., Defendants Law No,: LALA105144 - Division A Rosenfeld Deposition, August 2015 In The Iowa District Court For Wapello County Doug Pauls, et al.,, et al., Plaintiffs vs. Richard Warren, et al., Defendants Law No,: LALA105144 - Division A Rosenfeld Deposition, August 2015 In The Circuit Court of Ohio County, West Virginia Robert Andrews, et al. v. Antero, et al. Civil Action N0. 14-C-30000 Rosenfeld Deposition, June 2015 In The Third Judicial District County of Dona Ana, New Mexico Betty Gonzalez, et al. Plaintiffs vs. Del Oro Dairy, Del Oro Real Estate LLC, Jerry Settles and Deward DeRuyter, Defendants Rosenfeld Deposition: July 2015 In The Iowa District Court For Muscatine County Laurie Freeman et. al. Plaintiffs vs. Grain Processing Corporation, Defendant Case No 4980 Rosenfeld Deposition: May 2015 In the Circuit Court of the 17th Judicial Circuit, in and For Broward County, Florida Walter Hinton, et. al. Plaintiff, vs. City of Fort Lauderdale, Florida, a Municipality, Defendant. Case Number CACE07030358 (26) Rosenfeld Deposition: December 2014 In the United States District Court Western District of Oklahoma Tommy McCarty, et al., Plaintiffs, v. Oklahoma City Landfill, LLC d/b/a Southeast Oklahoma City Landfill, et al. Defendants. Case No. 5:12-cv-01152-C Rosenfeld Deposition: July 2014 6.1.i Packet Pg. 388 Paul E. Rosenfeld, Ph.D. Page 10 of 10 June 2019 In the County Court of Dallas County Texas Lisa Parr et al, Plaintiff, vs. Aruba et al, Defendant. Case Number cc-11-01650-E Rosenfeld Deposition: March and September 2013 Rosenfeld Trial: April 2014 In the Court of Common Pleas of Tuscarawas County Ohio John Michael Abicht, et al., Plaintiffs, vs. Republic Services, Inc., et al., Defendants Case Number: 2008 CT 10 0741 (Cons. w/ 2009 CV 10 0987) Rosenfeld Deposition: October 2012 In the United States District Court of Southern District of Texas Galveston Division Kyle Cannon, Eugene Donovan, Genaro Ramirez, Carol Sassler, and Harvey Walton, each Individually and on behalf of those similarly situated, Plaintiffs, vs. BP Products North America, Inc., Defendant. Case 3:10-cv-00622 Rosenfeld Deposition: February 2012 Rosenfeld Trial: April 2013 In the Circuit Court of Baltimore County Maryland Philip E. Cvach, II et al., Plaintiffs vs. Two Farms, Inc. d/b/a Royal Farms, Defendants Case Number: 03-C-12-012487 OT Rosenfeld Deposition: September 2013 6.1.i Packet Pg. 389 EXHIBIT C 6.1.i Packet Pg. 390 1640 5th St.., Suite 204 Santa Santa Monica, California 90401 Tel: (949) 887‐9013 Email: mhagemann@swape.com Matthew F. Hagemann, P.G., C.Hg., QSD, QSP Geologic and Hydrogeologic Characterization Industrial Stormwater Compliance Investigation and Remediation Strategies Litigation Support and Testifying Expert CEQA Review Education: M.S. Degree, Geology, California State University Los Angeles, Los Angeles, CA, 1984. B.A. Degree, Geology, Humboldt State University, Arcata, CA, 1982. Professional Certifications: California Professional Geologist California Certified Hydrogeologist Qualified SWPPP Developer and Practitioner Professional Experience: Matt has 25 years of experience in environmental policy, assessment and remediation. He spent nine years with the U.S. EPA in the RCRA and Superfund programs and served as EPA’s Senior Science Policy Advisor in the Western Regional Office where he identified emerging threats to groundwater from perchlorate and MTBE. While with EPA, Matt also served as a Senior Hydrogeologist in the oversight of the assessment of seven major military facilities undergoing base closure. He led numerous enforcement actions under provisions of the Resource Conservation and Recovery Act (RCRA) while also working with permit holders to improve hydrogeologic characterization and water quality monitoring. Matt has worked closely with U.S. EPA legal counsel and the technical staff of several states in the application and enforcement of RCRA, Safe Drinking Water Act and Clean Water Act regulations. Matt has trained the technical staff in the States of California, Hawaii, Nevada, Arizona and the Territory of Guam in the conduct of investigations, groundwater fundamentals, and sampling techniques. Positions Matt has held include: •Founding Partner, Soil/Water/Air Protection Enterprise (SWAPE) (2003 – present); •Geology Instructor, Golden West College, 2010 – 2014; •Senior Environmental Analyst, Komex H2O Science, Inc. (2000 ‐‐ 2003); 6.1.i Packet Pg. 391 • Executive Director, Orange Coast Watch (2001 – 2004); • Senior Science Policy Advisor and Hydrogeologist, U.S. Environmental Protection Agency (1989– 1998); • Hydrogeologist, National Park Service, Water Resources Division (1998 – 2000); • Adjunct Faculty Member, San Francisco State University, Department of Geosciences (1993 – 1998); • Instructor, College of Marin, Department of Science (1990 – 1995); • Geologist, U.S. Forest Service (1986 – 1998); and • Geologist, Dames & Moore (1984 – 1986). Senior Regulatory and Litigation Support Analyst: With SWAPE, Matt’s responsibilities have included: • Lead analyst and testifying expert in the review of over 100 environmental impact reports since 2003 under CEQA that identify significant issues with regard to hazardous waste, water resources, water quality, air quality, Valley Fever, greenhouse gas emissions, and geologic hazards. Make recommendations for additional mitigation measures to lead agencies at the local and county level to include additional characterization of health risks and implementation of protective measures to reduce worker exposure to hazards from toxins and Valley Fever. • Stormwater analysis, sampling and best management practice evaluation at industrial facilities. • Manager of a project to provide technical assistance to a community adjacent to a former Naval shipyard under a grant from the U.S. EPA. • Technical assistance and litigation support for vapor intrusion concerns. • Lead analyst and testifying expert in the review of environmental issues in license applications for large solar power plants before the California Energy Commission. • Manager of a project to evaluate numerous formerly used military sites in the western U.S. • Manager of a comprehensive evaluation of potential sources of perchlorate contamination in Southern California drinking water wells. • Manager and designated expert for litigation support under provisions of Proposition 65 in the review of releases of gasoline to sources drinking water at major refineries and hundreds of gas stations throughout California. • Expert witness on two cases involving MTBE litigation. • Expert witness and litigation support on the impact of air toxins and hazards at a school. • Expert witness in litigation at a former plywood plant. With Komex H2O Science Inc., Matt’s duties included the following: • Senior author of a report on the extent of perchlorate contamination that was used in testimony by the former U.S. EPA Administrator and General Counsel. • Senior researcher in the development of a comprehensive, electronically interactive chronology of MTBE use, research, and regulation. • Senior researcher in the development of a comprehensive, electronically interactive chronology of perchlorate use, research, and regulation. • Senior researcher in a study that estimates nationwide costs for MTBE remediation and drinking water treatment, results of which were published in newspapers nationwide and in testimony against provisions of an energy bill that would limit liability for oil companies. • Research to support litigation to restore drinking water supplies that have been contaminated by MTBE in California and New York. 2 6.1.i Packet Pg. 392 • Expert witness testimony in a case of oil production‐related contamination in Mississippi. • Lead author for a multi‐volume remedial investigation report for an operating school in Los Angeles that met strict regulatory requirements and rigorous deadlines. 3 6.1.i Packet Pg. 393 • Development of strategic approaches for cleanup of contaminated sites in consultation with clients and regulators. Executive Director: As Executive Director with Orange Coast Watch, Matt led efforts to restore water quality at Orange County beaches from multiple sources of contamination including urban runoff and the discharge of wastewater. In reporting to a Board of Directors that included representatives from leading Orange County universities and businesses, Matt prepared issue papers in the areas of treatment and disinfection of wastewater and control of the discharge of grease to sewer systems. Matt actively participated in the development of countywide water quality permits for the control of urban runoff and permits for the discharge of wastewater. Matt worked with other nonprofits to protect and restore water quality, including Surfrider, Natural Resources Defense Council and Orange County CoastKeeper as well as with business institutions including the Orange County Business Council. Hydrogeology: As a Senior Hydrogeologist with the U.S. Environmental Protection Agency, Matt led investigations to characterize and cleanup closing military bases, including Mare Island Naval Shipyard, Hunters Point Naval Shipyard, Treasure Island Naval Station, Alameda Naval Station, Moffett Field, Mather Army Airfield, and Sacramento Army Depot. Specific activities were as follows: • Led efforts to model groundwater flow and contaminant transport, ensured adequacy of monitoring networks, and assessed cleanup alternatives for contaminated sediment, soil, and groundwater. • Initiated a regional program for evaluation of groundwater sampling practices and laboratory analysis at military bases. • Identified emerging issues, wrote technical guidance, and assisted in policy and regulation development through work on four national U.S. EPA workgroups, including the Superfund Groundwater Technical Forum and the Federal Facilities Forum. At the request of the State of Hawaii, Matt developed a methodology to determine the vulnerability of groundwater to contamination on the islands of Maui and Oahu. He used analytical models and a GIS to show zones of vulnerability, and the results were adopted and published by the State of Hawaii and County of Maui. As a hydrogeologist with the EPA Groundwater Protection Section, Matt worked with provisions of the Safe Drinking Water Act and NEPA to prevent drinking water contamination. Specific activities included the following: • Received an EPA Bronze Medal for his contribution to the development of national guidance for the protection of drinking water. • Managed the Sole Source Aquifer Program and protected the drinking water of two communities through designation under the Safe Drinking Water Act. He prepared geologic reports, conducted public hearings, and responded to public comments from residents who were very concerned about the impact of designation. 4 6.1.i Packet Pg. 394 • Reviewed a number of Environmental Impact Statements for planned major developments, including large hazardous and solid waste disposal facilities, mine reclamation, and water transfer. Matt served as a hydrogeologist with the RCRA Hazardous Waste program. Duties were as follows: • Supervised the hydrogeologic investigation of hazardous waste sites to determine compliance with Subtitle C requirements. • Reviewed and wrote ʺpart Bʺ permits for the disposal of hazardous waste. • Conducted RCRA Corrective Action investigations of waste sites and led inspections that formed the basis for significant enforcement actions that were developed in close coordination with U.S. EPA legal counsel. • Wrote contract specifications and supervised contractor’s investigations of waste sites. With the National Park Service, Matt directed service‐wide investigations of contaminant sources to prevent degradation of water quality, including the following tasks: • Applied pertinent laws and regulations including CERCLA, RCRA, NEPA, NRDA, and the Clean Water Act to control military, mining, and landfill contaminants. • Conducted watershed‐scale investigations of contaminants at parks, including Yellowstone and Olympic National Park. • Identified high‐levels of perchlorate in soil adjacent to a national park in New Mexico and advised park superintendent on appropriate response actions under CERCLA. • Served as a Park Service representative on the Interagency Perchlorate Steering Committee, a national workgroup. • Developed a program to conduct environmental compliance audits of all National Parks while serving on a national workgroup. • Co‐authored two papers on the potential for water contamination from the operation of personal watercraft and snowmobiles, these papers serving as the basis for the development of nation‐ wide policy on the use of these vehicles in National Parks. • Contributed to the Federal Multi‐Agency Source Water Agreement under the Clean Water Action Plan. Policy: Served senior management as the Senior Science Policy Advisor with the U.S. Environmental Protection Agency, Region 9. Activities included the following: • Advised the Regional Administrator and senior management on emerging issues such as the potential for the gasoline additive MTBE and ammonium perchlorate to contaminate drinking water supplies. • Shaped EPA’s national response to these threats by serving on workgroups and by contributing to guidance, including the Office of Research and Development publication, Oxygenates in Water: Critical Information and Research Needs. • Improved the technical training of EPAʹs scientific and engineering staff. • Earned an EPA Bronze Medal for representing the region’s 300 scientists and engineers in negotiations with the Administrator and senior management to better integrate scientific principles into the policy‐making process. • Established national protocol for the peer review of scientific documents. 5 6.1.i Packet Pg. 395 Geology: With the U.S. Forest Service, Matt led investigations to determine hillslope stability of areas proposed for timber harvest in the central Oregon Coast Range. Specific activities were as follows: • Mapped geology in the field, and used aerial photographic interpretation and mathematical models to determine slope stability. • Coordinated his research with community members who were concerned with natural resource protection. • Characterized the geology of an aquifer that serves as the sole source of drinking water for the city of Medford, Oregon. As a consultant with Dames and Moore, Matt led geologic investigations of two contaminated sites (later listed on the Superfund NPL) in the Portland, Oregon, area and a large hazardous waste site in eastern Oregon. Duties included the following: • Supervised year‐long effort for soil and groundwater sampling. • Conducted aquifer tests. • Investigated active faults beneath sites proposed for hazardous waste disposal. Teaching: From 1990 to 1998, Matt taught at least one course per semester at the community college and university levels: • At San Francisco State University, held an adjunct faculty position and taught courses in environmental geology, oceanography (lab and lecture), hydrogeology, and groundwater contamination. • Served as a committee member for graduate and undergraduate students. • Taught courses in environmental geology and oceanography at the College of Marin. Matt taught physical geology (lecture and lab and introductory geology at Golden West College in Huntington Beach, California from 2010 to 2014. Invited Testimony, Reports, Papers and Presentations: Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Presentation to the Public Environmental Law Conference, Eugene, Oregon. Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Invited presentation to U.S. EPA Region 9, San Francisco, California. Hagemann, M.F., 2005. Use of Electronic Databases in Environmental Regulation, Policy Making and Public Participation. Brownfields 2005, Denver, Coloradao. Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Nevada and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Las Vegas, NV (served on conference organizing committee). Hagemann, M.F., 2004. Invited testimony to a California Senate committee hearing on air toxins at schools in Southern California, Los Angeles. 6 6.1.i Packet Pg. 396 Brown, A., Farrow, J., Gray, A. and Hagemann, M., 2004. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to the Ground Water and Environmental Law Conference, National Groundwater Association. Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Arizona and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Phoenix, AZ (served on conference organizing committee). Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in the Southwestern U.S. Invited presentation to a special committee meeting of the National Academy of Sciences, Irvine, CA. Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a tribal EPA meeting, Pechanga, CA. Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a meeting of tribal repesentatives, Parker, AZ. Hagemann, M.F., 2003. Impact of Perchlorate on the Colorado River and Associated Drinking Water Supplies. Invited presentation to the Inter‐Tribal Meeting, Torres Martinez Tribe. Hagemann, M.F., 2003. The Emergence of Perchlorate as a Widespread Drinking Water Contaminant. Invited presentation to the U.S. EPA Region 9. Hagemann, M.F., 2003. A Deductive Approach to the Assessment of Perchlorate Contamination. Invited presentation to the California Assembly Natural Resources Committee. Hagemann, M.F., 2003. Perchlorate: A Cold War Legacy in Drinking Water. Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. From Tank to Tap: A Chronology of MTBE in Groundwater. Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. A Chronology of MTBE in Groundwater and an Estimate of Costs to Address Impacts to Groundwater. Presentation to the annual meeting of the Society of Environmental Journalists. Hagemann, M.F., 2002. An Estimate of the Cost to Address MTBE Contamination in Groundwater (and Who Will Pay). Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to a meeting of the U.S. EPA and State Underground Storage Tank Program managers. Hagemann, M.F., 2001. From Tank to Tap: A Chronology of MTBE in Groundwater. Unpublished report. 7 6.1.i Packet Pg. 397 Hagemann, M.F., 2001. Estimated Cleanup Cost for MTBE in Groundwater Used as Drinking Water. Unpublished report. Hagemann, M.F., 2001. Estimated Costs to Address MTBE Releases from Leaking Underground Storage Tanks. Unpublished report. Hagemann, M.F., and VanMouwerik, M., 1999. Potential Water Quality Concerns Related to Snowmobile Usage. Water Resources Division, National Park Service, Technical Report. VanMouwerik, M. and Hagemann, M.F. 1999, Water Quality Concerns Related to Personal Watercraft Usage. Water Resources Division, National Park Service, Technical Report. Hagemann, M.F., 1999, Is Dilution the Solution to Pollution in National Parks? The George Wright Society Biannual Meeting, Asheville, North Carolina. Hagemann, M.F., 1997, The Potential for MTBE to Contaminate Groundwater. U.S. EPA Superfund Groundwater Technical Forum Annual Meeting, Las Vegas, Nevada. Hagemann, M.F., and Gill, M., 1996, Impediments to Intrinsic Remediation, Moffett Field Naval Air Station, Conference on Intrinsic Remediation of Chlorinated Hydrocarbons, Salt Lake City. Hagemann, M.F., Fukunaga, G.L., 1996, The Vulnerability of Groundwater to Anthropogenic Contaminants on the Island of Maui, Hawaii. Hawaii Water Works Association Annual Meeting, Maui, October 1996. Hagemann, M. F., Fukanaga, G. L., 1996, Ranking Groundwater Vulnerability in Central Oahu, Hawaii. Proceedings, Geographic Information Systems in Environmental Resources Management, Air and Waste Management Association Publication VIP‐61. Hagemann, M.F., 1994. Groundwater Characterization and Cleanup a t Closing Military Bases in California. Proceedings, California Groundwater Resources Association Meeting. Hagemann, M.F. and Sabol, M.A., 1993. Role of the U.S. EPA in the High Plains States Groundwater Recharge Demonstration Program. Proceedings, Sixth Biennial Symposium on the Artificial Recharge of Groundwater. Hagemann, M.F., 1993. U.S. EPA Policy on the Technical Impracticability of the Cleanup of DNAPL‐ contaminated Groundwater. California Groundwater Resources Association Meeting. 8 6.1.i Packet Pg. 398 Hagemann, M.F., 1992. Dense Nonaqueous Phase Liquid Contamination of Groundwater: An Ounce of Prevention... Proceedings, Association of Engineering Geologists Annual Meeting, v. 35. Other Experience: Selected as subject matter expert for the California Professional Geologist licensing examination, 2009‐ 2011. 9 6.1.i Packet Pg. 399 Agenda #: 7.1 Meeting Date: November 2, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: SETTING OF HEARING DATE TO CONSIDER APPEALS OF BUILDING OFFICIAL'S NOTICE AND ORDER TO VACATE THE VILLAGE AT DIAMOND BAR CONDOMINIUM COMPLEX, AND APPOINTMENT OF HEARING EXAMINER TO CONDUCT HEARING(S). STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Set November 18, 2021 at 9:00 a.m. in the Windmill Community Room as the date, time and location to hear appeals of the Building Official's Notice and Order to Vacate The Village at Diamond Bar condominium complex; and B. Appoint John C. Van Doren to serve as the hearing examiner for the matter, and authorize the City Manager to execute an Agreement for Hearing Officer Services with Mr. Van Doren. PURPOSE: This matter has been placed on the City Council agenda solely for the purpose of setting a hearing date for the matter described in this report, and appointing an independent hearing officer to hear the appeals pertaining to the matter. To ensure the fairness and integrity of the hearing on the appeals, the City Council should not hear or discuss the merits of the appeals while discussing this agenda item in that Section 1201.3 of the 1997 Uniform Housing Code requires that appellants be notified by mail or personal service at least ten (10) days prior to a scheduled appeal hearing, which notice has not been provided since this is not the appeal hearing. FINANCIAL IMPACT: The hearing officer’s time spent on the matter, together with reasonable and necessary costs and expenses, are estimated to not exceed $10,000, paid from the General Fund. 7.1 Packet Pg. 400 BACKGROUND: The Village at Diamond Bar (“DBV”) is a 150-unit condominium complex located at 23601 through 23665 Golden Springs Drive. The complex is developed with eleven two-story residential buildings and a one-story clubhouse. On September 30, 2021, the Building Official determined all buildings within the complex to be substandard within the meaning of the Diamond Bar Municipal Code and applicable State housing laws. In light of this determination, and on the same date, the Building Official issued a Notice and Order (Attachment 1) to vacate the buildings, tagged all second-story units, and yellow-tagged the clubhouse and all ground-floor units. The Building Official’s determination was based on inspections performed by a California-licensed structural and civil engineer retained by the DBV Homeowners Association, who recommended that all buildings be vacated, as well as inspections by the Building Official and other City personnel. The findings upon which the Building Official’s determination was based are set forth in the Notice and Order. The Notice and Order set October 18, 2021 as the deadline to vacate all units at the complex. However, on October 11, 2021, the City published an update stating that enforcement of the Notice and Order would be stayed pending further structural investigations, and after appeals of the order could be heard. The October 11 update was posted at DBV, published on the City website, mailed to property owners and tenants, and emailed to persons that subscribed for updates pertaining to this matter. A copy of the October 11, 2021 update is included as Attachment 2. Pursuant to Section 1201.3 of the 1997 Uniform Housing Code (UHC), property owners and other persons having legal interest (e.g., tenants) in the affected buildings had the right to appeal the Notice and Order within 10 days of the Building Official’s decision. The first appeal was filed on October 1, 2021, and a total of sixty-five (65) appeals were filed with the City Clerk by the October 10, 2021 filing deadline. UHC Section 1201.3 further requires appeals to be heard no more than 60 days from the date an appeal is filed (i.e., by November 30, 2021). Section 15.00.120(15) of the Diamond Bar Municipal Code designates the City Council as the Board of Appeals in matters involving decisions of the Building Official. Pursuant to UHC Section 1301.1, the Board may appoint a hearing examiner to conduct appeal hearings. DISCUSSION: Hearing Date As stated, hearing of appeals must commence no later than November 30, 2021. Pursuant to UHC Section 1201.3, written notice of the time and place of the hearing must be mailed to the appellants at least ten (10) days prior to the hearing date. The soonest available date that staff can reserve the Windmill Community Room and comply with the noticing requirement is Thursday, November 18, 2021. Staff thus recommends that the City Council set the matter for hearing as follows: 7.1 Packet Pg. 401 DATE: November 18, 2021 TIME: 9:00 a.m. LOCATION: Windmill Community Room, City Hall 21810 Copley Drive Diamond Bar, CA 91765 If additional time is needed or a continuance is deemed prudent, the appointed hearing examiner may schedule additional times and dates. Appointment of Hearing Examiner A hearing examiner is an individual appointed by a legislative body to conduct quasi- judicial hearings. The advantages of appointing a hearing examiner in the appeal of the Notice and Order include the opportunity to have an independent person with specific knowledge of building codes to adjudicate the matter. The appointment of a hearing examiner would provide the City Council with an independent report from a knowledgeable person who has the ability to convene over a lengthy hearing and consider and weigh all the evidence. The hearing officer’s report would come to the City Council in the form of a recommendation. The City Council would have the discretion to accept or reject the hearing officer’s recommendations. John C. Van Doren has provided hearing officer services to public agencies for 19 years in matters including building and safety, animal control and code enforcement. Staff became aware of Mr. Van Doren’s services through his work as a contract hearing officer for the City of Walnut. Mr. Van Doren’s statement of qualifications is included as Attachment 3. Staff believes that Mr. Van Doren is qualified to hear the appeals filed in response to the DBV Notice and Order, and recommends that the City Council appoint John C. Van Doren to serve as the hearing examiner to consider the appeals of the Building Official’s Notice and Order to vacate The Village at Diamond Bar condominium complex. LEGAL REVIEW: The City Attorney has reviewed and approved the content of this staff report. PREPARED BY: 7.1 Packet Pg. 402 REVIEWED BY: Attachments: 1. 7.1.a Notice and Order to Vacate The Village at Diamond Bar Condominium Complex 2. 7.1.b October 11, 2021 Update Suspending Enforcement of the Notice and Order 3. 7.1.c Statement of Qualifications for John C. Van Doren 7.1 Packet Pg. 403 21810 Copley Drive Diamond Bar, CA 91765 NOTICE AND ORDER Concerning a Substandard and Dangerous Building and Order to Vacate no Later Than October 18, 2021 Date of Issue: SEPTEMBER 30, 2021 To: PROPERTY OWNER OR TENANT 7.1.a Packet Pg. 404 1628246.1 Notice from City of Diamond Bar (“City”) to Vacate and Repair or Demolish THIS PROPERTY MUST BE REPAIRED AS SET FORTH BELOW: Within thirty (30) days from the date of this document, all conditions described below must be corrected. In the event you believe you will not be able to make all repairs within this time period, you may submit a written request to the Building Official setting forth: (a) which conditions you have already corrected, (b) which conditions you need more time to correct, and (c) a statement explaining why you need additional time to make the corrections. You must obtain any and all required permits before repairing. If you determine that it is not economically feasible to repair the structure(s) you may, at your option, complete the demolition of all violating structures on the Property, including the foundation within thirty (30) days. You must obtain any and all required permits before beginning demolition. Property Address: 23601 through 23665 Golden Springs Drive (inclusive of all individually designated units), Diamond Bar, CA 91765 APN: 8281-028-032 through 8281-028-182. VACATE ORDER: PURSUANT TO THIS NOTICE & ORDER / ORDER TO VACATE, ALL PERSONS MUST VACATE THE STRUCTURES ON THE PROPERTY BY OCTOBER 18, 2021. NO EXTENSIONS SHALL BE GIVEN. IF YOU ENTER, REMAIN AT, OR OCCUPY THIS BUILDING AFTER OCTOBER 18, 2021, YOU MAY BE SUBJECT TO PENALTIES INCLUDING BEING ARRESTED. RIGHT TO APPEAL: This building is immediately dangerous to life, limb, property, or safety of the public. Any person having record title or legal interest in the building may appeal from this Notice and Order or an action of the Bu ilding Official or their designee to the Diamond Bar City Council, provided the appeal is made in writing and in the form required Section 1201.1 of the 1997 Uniform Housing Code, and filed with the City Clerk within ten (10) days from the date of issuance of this Notice and Order. Failure to appeal will constitute a wa iver of all right to an administrative hearing and determination of the matter, and a waiver of any and all other rights of appeal. Where appropriate, as determined by the City, the City may conduct further proceedings in accordance with the Diamond Bar Municipal Code. Processing of the appeal shall be in accordance with the provisions set forth in the 2019 California Building Code, as adopted and amended by Diamond Bar Municipal Code Chapter 15.00.120 et seq., and/or the 1997 Uniform Housing Code, as adopted and amended by Diamond Bar Municipal Code Chapter 15.00.1110 et seq.. A complete text of all codes is available at the City Clerk’s Office. 7.1.a Packet Pg. 405 1628246.1 BUILDING OFFICIAL’S FINDINGS After inspections by a structural and civil engineer licensed by the State of California, and retained by the Diamond Bar Village Homeowners Association, inspection by City personnel, and review by the Building Official, the Property, including all residential units thereon, and the clubhouse building, have been determined to be substandard within the meaning of the Diamond Bar Municipal Code, State Housing Laws (California Health & Safety Code (hereinafter “H&S Code”) Section 17920.3), California Civil Code, California Civil Code of Regulations Title 24, and/or all Uniform Codes adopted therein, including the 1997 Uniform Housing Code (“UHC”)and the California Building Code (“CBC”). This determination has been made based on the serious and dangerous conditions at the Property, including, but not limited to, the following: 1. Those conditions described in the June 15, 2017, and September 22, 2021 reports and recommendations of structural and civil engineering firm Khatri International, Inc. which is available upon request; 2. Structural Hazards in all buildings on the Property, including deteriorated or inadequate foundations, defective or deteriorated flooring and/or floor supports, members of vertical supports that split, lean, list or buckle due to defective materials or deterioration, and members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split, or buckle due to defective materials or deterioration. (See, H&S Code §17920.3(b); UHC §1001.3) 3. Faulty weather protection in all buildings on the Property including deteriorated, crumbling or loose plaster, deteriorated or ineffective waterproofing of exterior walls, roof, foundation, and/or floors, and broken, rotted, split, or buckled exterior wall or roof coverings. (See, H&S Code §17920.3(g); UHC §1001.8) 4. Faulty Materials in all buildings on the Property caused by failure to maintain construction materials in good and safe condition. (See, UHC §1001.10) 5. Inadequate sanitation in all buildings on the Property including infestation of insects (termites), visible mold growth, and general dilapidation or improper maintenance. (See, H&S Code §17920.3(a)) 6. Structures that are unsafe, insanitary, or deficient because of inadequate maintenance or dangerous to human life. (See CBC §116). If you choose to repair the structures, prior to any repairs of the structures, you must submit to the Building Official a detailed rehabilitation plan, which shall include all details of actions to be taken to repair the Property. You shall submit plans and make repairs as indicated below, and obtain all necessary permits before commencing work. To bring the Property into compliance, the following corrective actions must be taken within the time specified in this Notice and Order: 7.1.a Packet Pg. 406 1628246.1 ALL UNITS MUST BE VACATED BY OCTOBER 18, 2021. SECOND FLOOR UNITS HAVE BEEN RED TAGGED AND MAY NOT BE OCCUPIED AND NO PERSON SHALL ENTER SUCH UNITS EXCEPT TO PERFORM CORRECTIVE WORK PURSUANT TO A DULY AUTHORIZED PERMIT ISSUED BY THE CITY. FIRST FLOOR UNITS HAVE BEEN YELLOW TAGGED AND MAY NOT BE OCCUPIED AND NO PERSON SHALL ENTER EXCEPT TO RETRIEVE PERSONAL BELONGINGS OR TO PERFORM CORRECTIVE WORK PURSUANT TO A DULY AUTHORIZED PERMIT ISSUED BY THE CITY. SUBSEQUENT TO ALL UNITS AND STRUCTURES ON THE PROPERTY BEING VACATED, YOU MUST TAKE THE FOLLOWING ACTION: A COMPLETE REPORT TO REPAIR THE BUILDINGS TO A SAFE CONDITION FOR OCCUPANCY MUST BE SUBMITTED TO THE CITY BUILDING OFFICIAL. BASED ON THE REPORT, A PLAN TO BE PERMITTED THROUGH THE BUILDING DIVISION MUST BE APPROVED AND PERMITTED PRIOR TO ANY WORK. FAILURE TO TIMELY VACATE AND REPAIR OR DEMOLISH. If the required repair work and/or demolition is not commenced or completed within the time specified, the Building Official will proceed with further legal action, up to and including demolition of the structures and charging the costs thereof against the Property and/or its owner(s). As the Homeowners Association, owner(s), or property management of the Property at issue, or as the individual or entity responsible for vacating the property and the repair work and/or demolition, you are individually responsible for correcting the violations described herein. Should the Property not be vacated, and/or the repair work and/or demolition not be commenced and completed within the time period specified in this notice, local law enforcement may be used to force the vacation of the Property, and the repair work may be abated by the City through further administrative proceedings, including, but not limited to, added inspections and directions to remediate the violations, by judicial process, or by entry upon the Property by City employees or contractors for purposes of effecting those actions necessary. Alternatively, the City may file a civil action and seek appointment of a health and safety receiver pursuant to H&S Code §17980.7. You will be charged a fee equal to the actual costs incurred by the City in obtaining compliance with this notice, including, but not limited to, subsequent inspection costs, staff time, overhead and legal expenses, including attorney’s fees. Notice To Landlord Regarding Your Responsibility To Provide Relocation Benefits: Pursuant to California Health and Safety Code Section 17975-17975.10, you are responsible for paying relocation benefits for your tenants because they are required to move out of your building as a result of an order to vacate issued by the City. It is your responsibility to make the relocation payments directly to your tenants. If you fail to provide the appropriate relocation benefits to your tenants, you may be subject to significant penalties or legal action brought by your tenants. If you have any questions regarding your rights 7.1.a Packet Pg. 407 1628246.1 and responsibilities, you should contact an attorney as soon as possible. If you wish to contest the finding that you are responsible for paying relocation benefits, you must file a req uest for appeal with the City’s Building Official setting forth your grounds for such appeal within 1 0 days of the date on this Notice and Order. See Attachment 1 to this Notice and Order for general information regarding your rights and responsibilities. Notice To Tenant Regarding Your Right To Relocation Benefits: Under California Health and Safety Code Sections 17975-17975.10, you are eligible for relocation benefits because you are required to move out of your building as a result of an order to vacate issued by the City. It is your responsibility to collect your relocation payment directly from your landlord or his or her designated agent. The City has not adopted a policy to advance relocation payments to tenants and the City is not responsible for paying you any relocation benefits. If you r landlord does not provide you with relocation benefits, you are still required to vacate the premises on the date indicated on this notice to vacate. Nothing in this letter shall be construed as giving you more time to vacate. If you have any questions regarding your legal rights, you should contact an attorney as soon as possible. See Attachment 1 to this Notice and Order for general information regarding your rights and responsibilities. Notice To Landlord Regarding Retaliation: Pursuant to California Civil Code Section 1942.5, a landlord may not retaliate against a tenant who is not in default on his/her rent payments, by increasing rent, decreasing services, causing a tenant to quit involuntarily, or bringing an action to recover possession or threatening to do any of these acts for exercising his/her rights under the law. Notice To Property Owner Regarding Revenue And Taxation Code Deductions: In accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, the owner of the Property may not be allowed a tax deduction for interests, taxes, depreciation, or amortization paid or incurred during this taxable year. City staff is available to meet with you or your representatives to discuss any issues or questions that may arise regarding this Notice and Order. You may contact Raymond Tao at (909) 839- 7021 or RTao@DiamondBarCA.Gov if you have any questions. 7.1.a Packet Pg. 408 1628246.1 DATED this 30th day of September, 2021. ______________________________ Raymond Tao Building Official 7.1.a Packet Pg. 409 1628246.1 ATTACHMENT 1 7.1.a Packet Pg. 410 1628246.1 Rights and Responsibilities of Property Owners and Tenants Pursuant to H&S Code §17925 (Relocation Benefits) Pursuant to H&S Code §17975 et seq. “Any tenant who is displaced or subject to displacement from a residential unit as a result of an order to vacate or an order requiring the vacation of a residential unit by a local enforcement agency as a result of a violation so extensive and of such a nature that the immediate health and safety of the resident is endangered, shall be entitled to relocation benefits from the owner . . . .” • Payment for relocation benefits by Owner shall include a sum equal to two months of the established fair market rent for the are a, and an amount sufficient to cover utility service deposits. • Payment of relocation benefits is in addition to return of any security deposit to the tenant as required by law. • Payment of relocation benefits to tenants must be made within 10 days of the date that the notice to vacate was posted on the premises and mailed to the property owner. • An owner who does not provide relocation benefits as required by law may be liable to the tenant for an amount equal to 1 ½ times the relocation benefits allowable under H&S Code §17975.2. • Owners have a right to appeal the order to pay for tenant relocation benefits. All such appeals must be made, in writing, to the City’s Building Official within ten (10) days of the date of posting of the notice and order to vacate. Appeals shall be based on the criteria set forth in H&S Code §17975.4 and include all evidence the appealing party claims supports the appeal. If necessary, the Building Official may request additional evidence or documentation from the appealing party or any effected tenant and may hold a hearing regarding the appeal. Notice of any hearing on an appeal will be provided to the appealing party and any affected tenant. The Building Official will make a ruling on the appeal within 10 days of receipt of the appeal or conclusion of a hearing on the appeal, if any. Decisions of the Building Official on any appeal are final subject only to the right to seek writ relief pursuant to California Code of Civil Procedure §1094.5 or 1094.6. 7.1.a Packet Pg. 411 IMPORTANT UPDATE The Village at Diamond Bar (23601-23665 Golden Springs Drive) OCTOBER 11, 2021 - ENFORCEMENT OF ORDER TO VACATE ON HOLD PENDING FURTHER STRUCTURAL INVESTIGATIONS AND HEARINGS ON APPEALS, STRUCTURES TO REMAIN RED- AND YELLOW-TAGGED UNTIL FURTHER NOTICE The City Clerk’s Office received 63 appeals of the City’s September 30, 2021 Notice and Order to Vacate all 150 residences comprising The Village at Diamond Bar (“DBV”) condominium complex. After hearing from several DBV residents and owners, the City determined that the public’s interests would best be served by delaying the enforcement of the order until after further structural investigations are conducted, and the appeal hearings are completed. All 12 DBV buildings continue to be deemed hazardous at this time, and the City’s order to vacate remains in effect. Although enforcement or rescission of the order will not take place until after the steps outlined in this Update have been completed, the City considers all persons residing within the complex to be at serious risk pending further investigation of the structural condition of the buildings. Additional Structural Analysis The Diamond Bar Community Development Department is proceeding with the selection of a licensed structural engineer to inspect all buildings within the condominium complex. The City will hire the engineer directly, and work will be performed on the City’s behalf. The inspections will be conducted to assess the structural condition of each building, and to identify corrective measures, as warranted, to ensure the safety of its occupants. The work to be performed will include “destructive testing,” meaning that openings will need to be cut into the building exteriors and/or interiors. The City will keep the public informed as to the scope, phasing and scheduling of the structural investigations. By investigating the structural condition of the various buildings, the City does not assume any responsibility to repair any of the structures on the Property. The responsibility to repair the structures remains that of the Diamond Bar Village Homeowners’ Association and/or the individual owners of the various condominium units within the association. Receive Updates via Email or Text All DBV tenants and owners are encouraged to visit the City of Diamond Bar website at www.diamondbarca.gov/villagecondos to register to receive additional updates and other important information. Information Available in Other Languages 如你對本通告有任何問題, 請在辦公時間內至電 City of Diamond Bar (909) 839-7000. 週一至週四, 早 上7:30-下午5:30. 週五辨公至下午4:30. Si usted habla español y tiene alguna pregunta sobre este aviso, por favor llame al (909) 839- 7000 dentro de las horas de 7:30 a.m. y 5:30 p.m. de lunes a jueves, o de 7:30 a.m. a 4:30 p.m. el viernes. 본건 관련하여서 한국어 문의를 원하시면 다이아몬드바 시청으로 연락 부탁드립니다. 전화번호: (909) 839 – 7070 업무시간: 7:30 a.m. - 5:30 p.m. (월요일 ~ 목요일), 7:30 a.m. - 4:30 p.m. (금요일) 7.1.b Packet Pg. 412 Proposal for Zoning and Code Compliance Hearing Officer Services for the City of Diamond Bar Citizens’ Hearings & Appeals Professional Services John C. Van Doren Senior Hearing Officer October 10, 2021 7.1.c Packet Pg. 413 CHAPS CHAPS is an acronym for: Citizens’ Hearings & Appeals Professional Services. Operating as a sole proprietorship, CHAPS has been performing Administrative Hearing Officer services in a professional manner since March 1, 2002. Scope of Work • Conduct Zoning Entitlement, Code Compliance, Nuisance Abatement, and Building & Safety Appeal Hearings; review documents that may be submitted as evidence, and objectively consider evidence and the testimony of witnesses, in accordance with Diamond Bar Municipal Codes, Zoning Codes, General Plan elements, and applicable state law, including the 1997 Uniform Housing Code. • The Hearing Officer shall perform all work necessary (including research and site review) to conduct the Zoning Entitlement, Code Compliance, Nuisance Abatement, and Building & Safety Appeal Hearings. • The Hearing Officer shall demonstrate those qualifications, objectivity, and training necessary to conduct a fair and impartial review. • Following each Administrative Hearing, the case file, rationale for the finding, and all documents submitted as evidence, shall be returned to the City. Training and Qualifications • 16 years conducting City Council Meetings • 3 years as Zoning Administrator • 10 years as Code Enforcement Officer/Supervisor/Manager • 19 years as an Independent Hearing Officer • Specific Coursework: • CPPA-provided Hearing Examiner certification • Conflict Resolution • Mediation • Tentative Map Act • Zoning law Experience • Nineteen years providing hearing officer services to Cities, Counties, and Universities. • Appeals have primarily covered Animal Control, Zoning, Code Enforcement, Property Maintenance, Nuisance Abatement, Building & Safety, and Cost Recovery. • Three years serving as Zoning Administrator (Zoning Entitlement Hearing Officer) presiding at public hearings and making determinations on minor variances, setback modifications, lot line adjustments, and Conditional Use Permits. • Applicable codes include the California Government, Health & Safety, & Vehicle Codes, and local ordinances. 7.1.c Packet Pg. 414 Organization • Owner/operator of Citizens’ Hearings & Appeals Professional Services (CHAPS) • Sole Hearing Officer • No sub-contracting is anticipated • Pasadena Vendor # 14770 • Los Angeles County Vendor # 171712 • State-Certified Small Business # 1789637 My Work Plan CHAPS proposes to perform the independent contractor work as described in this RFP, pursuant to an Agreement for Professional Services to be negotiated as directed within the terms of the RFP. I have read and understood the example agreement included with the RFP, and have no objections to any of its terms and conditions. Compensation My hourly rate shall be $100.00 per hour (four hour minimum per diem), including preparation, site review where necessary, conduct of Hearings, evaluation of testimony and documentation, and rendering of decisions. Conclusion I am confident I have met the City’s requirements and appreciate being invited to submit my proposal and to present my qualifications for your consideration. Thank you! ____________________ John C. Van Doren Senior Hearing Officer/Owner Citizens’ Hearings & Appeals Professional Services jcvandoren@verizon.net 909 226-8051 7.1.c Packet Pg. 415 1 Kristina Santana From:LARRY M. BLACK <larrymblack@hotmail.com> Sent:Monday, November 1, 2021 8:35 PM To:Kristina Santana Cc:Christine Schachter; John Yacoub; Josie Taylor; Larry;Black Gmail; Mary Harman; 'bryan@onguardpm.com'; Laura Halverson Subject:Request for reconsideration of: CITYWIDE BUS SHELTER REPLACEMENT PROGRAM Follow Up Flag:Follow up Flag Status:Flagged CAUTION: This message originated outside of our City of Diamond Bar network.  Diamond Bar City Council I respectfully request that you vote to reconsider your action of October 19, 2021 (Agenda Item 6.1) - whereas the Council approved recommendation A. "Non-Advertising shelters". There are, based on City Staff's report, 32 locations under the Clear Channel Outdoor franchise agreement and routinely maintained by CCO. These 32 advertising shelters have been an economical source of advertisement for the local small business community in the area... with many strategic locations having an advertiser waiting list. In so much as the small business continues the struggle in Diamond Bar, to further reduce the success & revenue, by removing another economic generator source appears counterproductive. There is no question the CCO franchise agreement arguably could be renegotiated or reassigned to achieve a more updated & ecstatically appealing shelter structure.... Yet, let us not forget that, in part, you must consider your people who make up your city's small business community. Referring to the staff report of October 19, 2021 - the cost for the advertising shelters is estimated higher, than the Non-Advertising shelter - yet - in ether construction the cost is to be funded whole or in part by Metro Prop A. Under Prop A, funding all advertisement revenue must be returned to the Prop A return account. Under the current CCO contract Diamond Bar receives approximating $2,000 per month. I respectfully submit to the Council that this is an insignificant advertising loss - and will serve your city far better by offering your local small businesses an opportunity to economically advertise their services.. As the Clear Channel Outdoor agreement to my understanding does not terminate 2022, your reconsideration will, at minimum, offer you another opportunity to hear from your community stakeholders that maybe in support of recommendation B. "Shelters with advertising panels". Thank you so very much Larry Black Larry M. Black, C2EX, PMC NAR Realtor Emeritus Heritage Real Estate Group Diamond Country Escrow, Inc. ‐ Partner Priority Title Company, C0‐Founder NMLS #234223 DRE License No. 01508076  DRE License No. 01327527  DRE License No. 00674504 NAR ‐ 2016‐2023 Director CAR ‐ Director for Life NAR -Golden R & President's Circle Member, Since 2008. NAR - RPAC Hall Of Fame Inductee 2015 2 NAR ‐ 2018, Chair of Conventional Finance & Policy Committee CAR ‐ 2022 Federal Committee, Vice Chair CAR ‐ Director & 2016 Region 23, 2016 Regional Chair CAR ‐ 2016 ‐ 2017 & 2017 Vice‐Chair IMPAC Trustee(s) CAR ‐ 2020 Transaction & Regulatory Committee ‐ Chair CAR ‐ 2019 CAR/NAR Liaison to NAR Convention Finance & Policy Committee Member; Southern California Association of Governments - Global Land Use and Economic Counsel Regional Chamber Government Affairs Member Diamond Bar, Ca. General Plan Advisory Committee Member Direct Line: 951‐312‐4609 Toll-Free: Phone - 888-91-4-SALE, or E-Fax: 866-521-4558 Notice: If you have received this e-mail in error, please immediately notify the sender by e-mail at the address shown. This e-mail transmission may contain confidential information. This information is intended only for the use of the individual(s) or entity to whom it is intended even if addressed incorrectly. Please delete it from your files if you are not the intended recipient. "When you send e-mails to the Larry Black, Heritage Realty, or Larry Black on behalf of his Affiliated Companies you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing." Yet, your mission is in part to update the city appearance, as you preserve the city's economic viability ... 1 Kristina Santana From:A K <amna.t.khan@gmail.com> Sent:Tuesday, November 2, 2021 1:04 PM To:Kristina Santana Subject:FOR PUBLIC COMMENT - Meeting on Nov 2 CAUTION: This message originated outside of our City of Diamond Bar network.  Hi,     I am a condo owner and resident at Diamond Bar Village Association. Please see my questions below:    1. What are the findings of the initial visual assessment performed by the city engineer and when will that report be sent  to condo owners?  2. When is the destructive assessment scheduled and should it be performed before the appeal date on Nov 18th?  Will  the destructive assessment decide if red/yellow tags can be removed on the condos and be deemed safe to move back  in or will the meeting on Nov 18 still take place without a destructive assessment?   3. What kinds of appeal requests are being considered on Nov 18?     Thank you!      Ms. Amna Khan  Owner, Unit 10B at DBVA   VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: (CITY/CLERK FROM: I ik (_VI r�-� a DATE ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: PHONE: (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name as written above. Signature This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK (Optional) w. s . Sl %-,rw5t : DA PH TE: ONE: q 5 t 1 C) `1 (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name as written above, r ign ture This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: p iA 0 '11A COJk3 DATE: 11 ( ADDRESS: Ivi l C112gN0 Ave , DAWCr'O PAC PHONE: HOC . dt iG • z `�Uy (Optional) (Optional) ORGANIZATION: C> N1L)1Lc( 21 CAR-E AGENDA#/SUBJECT: Ct IW S P1wh M I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name as written above. —�J"/ u This document is a public record subject to disclosure under the Public Records Act. '.lip 1ojko . VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: S' DATE: PHONE: (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name as written above. Signature This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: % Il " %,L�ER' N FROM: / y rV e CIe ADDRESS: Vr ORGANIZATION: -U to el AGENDA#/SUBJECT: _ DATE: PHONE: TrL GUCtn it�J I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name as written above. ignature This document is a public record subject to disclosure under the Public Records Act. TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CLERK 9 i �/ if Y') t� DAT�/E� T//a� o'�/ /% D����PY_�S PHONE: �/D9 � % 3 3 7D %' /��, (Optional) �" (Optional) I expect to address the Council on the subject agenda/subj item. Please reflect my name as written above. re This document is a public record subject to disclosure under the Public Records Act. Council Minutes TO: CITY CLERK FROM: � � �� �'�✓ � DATE: � l � � 7�0 2 I ADDRESS: �� �/\� L j PHONE: (Optional) (Optional) ORGANIZATION: AGENDA#/SUBJECT: .DIQl19e'GLK �y V� I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name as written above. ,� -- Signature This document is a public record subject to disclosure under the Public Records Act. TO: FROM: ADDRESS; ORGANIZATION: AGENDA#/SUBJECT: CITY//CIlLERK • l� t S� cAc �e'� � DATE: � � �2 I � / T q z z �� s �� ����C pr •PHONE: �/J > •— �`'� ��� .� ptlonal) (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name as written above. • �� Signature This document is a public record subject to disclosure under the Public Records Act.