HomeMy WebLinkAbout10/26/2021PLANNING COMMISSION AGENDA
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Tuesday, October 26, 2021
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 Planning Commission may be present or participate
telephonically. Members of the public are encouraged to participate and address the Planning Commission
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.
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How to Observe the Meeting from Home:
Members of the public can observe the meeting by calling +1 (415) 930 -5321; Attendee Access
Code: 949-555-725; or visiting https://attendee.gotowebinar.com/register/8 438411313073960976 .
How to Submit Public Comment:
Members of the public may provide public comment by sending written comments to the Minutes
Secretary by email at Planning@DiamondBarCA.gov by 5:30 p.m. on the day of the meeting. Please
indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the
Planning Commission members and entered on record at the meeting.
Public comment may be submitted by logging onto the meeting through this link: visiting
https://attendee.gotowebinar.com/register/8438411313073960976 . Members of the public will be
called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five
minutes per agenda item, unless the Chairperson determines otherwise.
Accommodations for Persons with Disabilities:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need
special assistance to participate in the Planning Commission Meeting, please contact the Community
Development Department at (909) 839-7030 within 72 hours of the meeting. Commission recordings will
be available upon request the day following the Planning Commission Meeting. 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.
CHAIRPERSON WILLIAM RAWLINGS
VICE CHAIRPERSON MAHENDRA GARG
COMMISSIONER NAILA BARLAS
COMMISSIONER KENNETH MOK
COMMISSIONER RAYMOND WOLFE
City of Diamond Bar
Planning Commission
MEETING RULES
PUBLIC INPUT
Members of the public may address the Planning Commission on any item of business on the
agenda during the time the item is taken up by the Planning Commission. In addition, members
of the public may, during the Public Comment period address the Planning Commission on any
Consent Calendar item or any matter not on the agenda and within the Planning Commission’s
subject matter jurisdiction. Any material to be submitted to the Planning Commission at the
meeting should be submitted through the Minutes Secretary.
Speakers are limited to five minutes per agenda item, unless the Chairperson determines
otherwise. The Chairperson may adjust this time limit depending on the number of people
wishing to speak, the complexity of the matter, the length of the agenda, the ho ur and any other
relevant consideration. Speakers may address the Planning Commission only once on an
agenda item, except during public hearings, when the applicant/appellant may be afforded a
rebuttal.
Public comments must be directed to the Planning Commission. Behavior that disrupts the
orderly conduct of the meeting may result in the speaker being removed from the meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE PLANNING COMMISSION
Agendas for regular Planning Commission meetings are ava ilable 72 hours prior to the meeting
and are posted in the City’s regular posting locations and on the City’s website at
www.diamondbarca.gov. The Planning Commission may take action on any item listed on the
agenda.
Copies of staff reports or other written documentation relating to agenda items are on file in the
Planning Division of the Community Development Department, located at 21810 Copley Drive,
and are available for public inspection upon request. If you have questions regarding an agenda
item, please call (909) 839-7030 during regular business hours.
HELPFUL CONTACT INFORMATION
Copies of Agenda, Rules of the Planning Commission, Recordings of Meetings (909) 839-7030
Email: info@diamondbarca.gov
Website: www.diamondbarca.gov
The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the
COVID-19 virus.
CITY OF DIAMOND BAR
PLANNING COMMISSION
October 26, 2021
AGENDA
Next Resolution No. 2021-19
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Naila Barlas, Kenneth Mok, Raymond
Wolfe, Vice Chairperson Mahendra Garg, Chairperson William Rawlings
2. APPROVAL OF AGENDA: Chairperson
3. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Planning
Commission on consent calendar items or other matters of interest not on the
agenda that are within the subject matter jurisdiction of the council. Although the
Planning Commission values your comments, pursuant to the brown act,
members of the Planning Commission or staff may briefly respond to public
comments if necessary, but no extended discussion and no action on such
matters may take place. There is a five -minute maximum time limit when
addressing the Planning Commission. Please complete a speaker card and hand
it to the Minutes Secretary (completion of this form is voluntary). The city will call
on in person speakers first and then teleconference callers, one at a time to give
their name and if there is an agenda item number they wish to speak on before
providing their comment. If you wish to speak on a public hearing item or
Planning Commission consideration item, you will then be called upon to speak
at that point in the agenda.
4. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and
are approved by a single motion. Consent calendar items may be removed from
the agenda by request of the Planning Commission only:
4.1 Minutes of the Planning Commission Special Meeting – October 13,
2021
4.2 Continued use of teleconferencing in accordance with Assembly
Bill 361 for meetings of the Planning Commission subject to State
open meeting laws.
5. OLD BUSINESS: None.
OCTOBER 26, 2021 PAGE 2 PLANNING COMMISSION
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Development Code Amendment Planning Case No. PL 2021-70 -
Under the authority of DBMC Section 22.70, the City of Diamond Bar
proposes to amend the following sections of Title 22 of the Diamond Bar
Municipal Code (“Development Code”) in order to comply with Senate Bill
234, pertaining to the regulation of family day care homes: 22.08.030,
22.30.040, 22.36.080, 22.42.040, 22.42.1 40, and 22.80.020.
PROJECT ADDRESS: Citywide
APPLICANT: City of Diamond Bar
ENVIRONMENTAL DETERMINATION: The City has determined that the
proposed Development Code Amendment is not subject to the California
Environmental Quality Act (“CEQA”) pursuant to Public Resources Code
Section 21080.17 (CEQA does not apply to the adoption of an ordinance by a
city or county to implement the provisions of Section 65852.2 of the Government
Code) and CEQA Guidelines Section 15061(b)(3) (it can be seen with certainty
that there is no possibility that the activity in question may have a significant
effect on the environment) and because the proposed Development Code
Amendments pertain to the regulation of activities that are themselves
categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the
CEQA Guidelines. Therefore, no further environmental review is required.
RECOMMENDATION: Staff recommends that the Planning Commission adopt
the attached Resolution recommending the City Council approve Development
Code Amendment No. PL2021-70.
8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
9. STAFF COMMENTS / INFORMATIONAL ITEMS:
10. SCHEDULE OF FUTURE EVENTS:
HALLOWEEN PARTY: Saturday, October 30, 2021, 9 am-12 pm
Pantera Park (near dog park and basketball
courts)
738 Pantera Drive
CITY COUNCIL MEETING: Tuesday, November 2, 2021, 6:30 pm
Windmill Community Room
Diamond Bar City Hall, 21810 Copley Drive
PLANNING COMMISSION
MEETING:
Tuesday, November 9, 2021, 6:30 pm
Windmill Community Room
Diamond Bar City Hall, 21810 Copley Drive
OCTOBER 26, 2021 PAGE 3 PLANNING COMMISSION
11. ADJOURNMENT:
ANNUAL VETERANS
RECOGNITION:
Wednesday, November 10, 2021, 9 am-11am
Diamond Bar Center
1600 Grand Avenue
VETERANS DAY HOLIDAY: Thursday, November 11, 2021, 6:30 pm
In observance of the holiday, City offices will
be closed. City offices will re-open on Friday,
November 12, 2021.
CITY COUNCIL MEETING: Tuesday, November 16, 2021, 6:30 pm
Windmill Community Room
Diamond Bar City Hall, 21810 Copley Drive
WINTER SNOW FEST AND
CRAFT FAIR:
Saturday, December 4, 2021 8 a.m. - 2 p.m.
Pantera Park, 738 Pantera Drive
MINUTES OF THE CITY OF DIAMOND BAR
SPECIAL MEETING OF THE PLANNING COMMISSION
DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
OCTOBER 13, 2021
CALL TO ORDER:
Chair/Rawlings called the meeting to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE: Commission Wolfe led the Pledge of Allegiance.
1. ROLL CALL: Commissioners: Naila Barlas, Raymond Wolfe,
Chairman William Rawlings
Absent: Commissioner Kenneth Mok and Vice Chairman
Mahendra Garg were excused.
Staff Present : Greg Gubman, Community Development Director; James
Eggart, Assistant City Attorney (Telephonically), Grace Lee, Senior Planner; Mayuko (May)
Nakajima, Joy Tsai, Assistant Planner; Alfredo Estevez, Information Systems Coordinator;
Stella Marquez, Administrative Coordinator.
Also Present: John Douglas, Housing Element Consultant.
2. APPROVAL OF AGENDA: As presented
3. PUBLIC COMMENTS: None
4. CONSENT CALENDAR:
C/Barlas moved, C/Wolfe seconded, to approve the Consent Calendar as presented.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Barlas, Wolfe, Chair/Rawlings
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Mok, VC/Garg
4.1 Minutes of the Regular Planning Commission Meeting of September 14,
2021. (Continued from September 28, 2021)
4.2 Minutes of the Regular Planning Commission Meeting – September 28,
2021.
5. OLD BUSINESS: NONE
6. NEW BUSINESS: NONE
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7. PUBLIC HEARING(S):
7.1 Amendment to Minor Conditional Use Permit Planning Case
No. PL2019-122 – Under the authority of Diamond Bar Municipal Code
Section 22.48, 22.56, the applicant requested an amendment to the previously
approved Minor Conditional Use Permit for a 1,600 square foot outdoor dining
area at the north (front) and west sides of an existing 3,871 square foot
restaurant (Jasmine Grill) to allow hookah service in the existing outdoor dining
area at the north (front) side of the existing restaurant (Jasmine Grill). The
subject property is zoned Community Commercial (C-2) with an underlying
General Plan land use designation of General Commercial (C).
(Continued from September 28, 2021)
PROJECT ADDRESS: 21130 Golden Springs Drive
Diamond Bar, CA 91765
APPLICANT: MHD Marwan Almannini
21130 Golden Springs Drive
Diamond Bar, CA 91789
PROPERTY OWNER: Anna and Gary Malkhasian
11534 Dellmont Drive
Tujunga, CA 91042
AP/Tsai presented staff’s report and recommended Planning Commission
approval of 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.
Chair/Rawlings opened the public hearing.
C/Barlas asked how the owner would prevent smoke from infiltrating the
outdoor dining area and Mr. Almannini responded that there will not be a
barrier between hookah and general food service. The outdoor area will be
for hookah service to accompany food service and there will be no hookah
service or cigarette smoking allowed inside the facility to accommodate
individuals who might find the odor offensive.
Mr. Almannini explained to Chair/Rawlings how hookah is prepared in a
separate area.
Chair/Rawlings closed the public hearing.
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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.
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.
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OCTOBER 13, 2021 PAGE 4 PLANNING COMMISSION
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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 to ward achieving more
urban amenities.
Chair/Rawlings opened the public hearing.
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 densitie s 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
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OCTOBER 13, 2021 PAGE 5 PLANNING COMMISSION
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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.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Rawlings adjourned the Special Planning Commission meeting at 7:27 p.m.
The foregoing minutes are hereby approved this ____________________________, 2021.
Attest:
Respectfully Submitted,
_______________________________________
Greg Gubman, Community Development Director
______________________________
William Rawlings, Chairperson
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PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 4.2
MEETING DATE: October 26, 2021
CASE/FILE NUMBER: N/A
PROJECT LOCATION:
Citywide
SUBJECT: Continued use of teleconferencing in accordance
with Assembly Bill 361 for meetings of the
Planning Commission subject to State open
meeting laws.
BACKGROUND:
The Ralph M. Brown Act (“Brown Act”) requires that all meetings of a legislative body of
a local agency 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 – with some exceptions as defined under the law.
Due to the continued impact of the COVID-19 pandemic, the California Legislature
passed Assembly Bill 361 (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 healt h 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.
ANALYSIS:
Under AB 361, and specifically Government Code section 54953, legislative bodies may
use teleconferencing without complying with certain teleconference requirements in the
Brown Act, such as posting agendas at each teleconferencing location and permitting
the public to attend each teleconferencing location; provided that the specified health
and safety circumstances listed above exist and the legislative body makes specified
findings that meeting in person poses a health and safety risk to its members and/or the
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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public. Although the Planning Commission is meeting in person, situations may arise in
which it is unsafe for a member(s) of the Planning Commission to attend the meeting in
person, such as when a member has been exposed to or contracted COVID -19, is
unvaccinated or is in a high-risk group. In person meetings for the public may also pose
safety risks for these same reasons.
The Resolution would authorize members of the Planning Commission to set the policy
to teleconference into a meeting as long as the teleconferencing wa s done in
compliance with Government Code section 54953. The requirements include ensuring
that the public can participate in the meeting by way of teleconferencing including the
ability to provide public comments through this forum. The Planning Commission 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. In order
to continue to have the ability to use the modified teleconferencing, AB 361 requires that
the Planning Commission re-affirm its findings every 30 days. The provisions of AB 361
allowing the modified teleconferencing will expire January 1, 2024.
RECOMMENDATION:
Adopt the attached Resolution (Attachment A), providing for continued use of
teleconferencing and other formats as defined and in compliance with Assembly Bill 361
for meetings of the Planning Commission.
PREPARED BY:
REVIEWED BY:
Attachments:
A. Draft Resolution No. 2021-XX
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RESOLUTION NO. 2021-XX
A RESOLUTION OF THE PLANNING COMMISSION 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 PLANNING
COMMISSION 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;
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;
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;
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;
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;
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;
WHEREAS, as of September 30, 2021, the Governor’s Executive Order
suspending the Brown Act’s teleconferencing requirements is set to expire;
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361
(AB 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
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2 PC Resolution No. 2021-XX
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;
WHEREAS, both Los Angeles County and state health officials continue to
recommend social distancing due to a recent increase in COVID-19 cases believe to be
caused by the so-call Delta Variant;
WHEREAS, the Planning Commission must approve a Resolution reaffirming that
the requirements set forth in AB 361 exist every 30 days in order to allow members of its
legislative bodies to utilize the provisions of AB 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
Planning Commission’s desire to permit members of the Planning Commission to attend
by way of teleconference pursuant to AB 361 due to health and safety concerns
associated with COVID-19.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Planning Commission
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 Planning Commission, 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 Planning Commission may participate in meetings
subject to the Brown Act by way of teleconference in accordance with AB 361.
5. That if a member of the Planning Commission 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
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3 PC Resolution No. 2021-XX
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
the Planning Commission 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 the Planning
Commission desires 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 Planning
Commission 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 Planning Commission.
APPROVED AND ADOPTED THIS 26TH DAY OF OCTOBER, 2021 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: ______________________________________
William Rawlings, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 26th day of October, 2021, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: ______________________________________
Greg Gubman, Secretary
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PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 7.1
MEETING DATE: October 26, 2021
CASE/FILE NUMBER: Development Code Amendment Planning Case
No. PL2021-70
PROJECT LOCATION: Citywide
APPLICATION REQUEST:
APPLICANT:
STAFF RECOMMENDATION:
To amend the following sections of Title 22 of the
Diamond Bar Municipal Code (“Development
Code”) in order to comply with Senate Bill 234,
pertaining to the regulation of family day care
homes: 22.08.030, 22.30.040, 22.42.040,
22.42.140, and 22.80.020.
City of Diamond Bar Community Development
Department
Adopt the attached Resolution recommending
the City Council approve Development Code
Amendment No. PL2021-70.
SUMMARY:
The proposed amendments to the Development Code, pertaining to the regu lation of
family day care homes, are necessary for the City to be compliant with Senate Bill 234
(“SB 234”).
BACKGROUND:
The number of regulated family day care homes in California has decreased
significantly since 2008 and there continues to be a growin g need for child care. An
increase in the number of working parents who attend work or school are unable to find
quality, affordable child care. In light of these facts, the California Legislature recognizes
that family day care homes are a valuable affordable option for child care.
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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Development Code Amendment Planning Case No. PL2021-70
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The California Child Day Care Facilities Act allows the State Department of Social
Services to license and regulate family day care homes. Prior to AB 234, a small family
day care home providing care for up to 8 children was considered a residential use of
property for purposes of all local ordinances. Cities and counties were also required to
provide a permitting process to increase that number for up to 14 children.
On September 5, 2019, the Governor signed SB 234, the Keepi ng Kids Close to Home
Act, amending sections of the Health and Safety Code, which reduced regulatory
barriers and streamlined approval processes to facilitate the establishment of family day
care homes (see Attachment B). SB 234 also requires cities and counties to treat a
large family day care home as a residential use of property for purposes of all local
ordinances. In other words, SB 234 deleted the language in the law that allowed cities
and counties to impose “reasonable requirements” for large family day care homes,
such as spacing and concentration, traffic control, parking, and noise control. These
laws took effect on January 1, 2020 and are intended to address the shortage of
regulated family day care homes by easing restrictions that cities and counties may
place on them.
To comply with SB 234, the City is amending the Development Code to be consistent
with the new State law.
ANALYSIS:
Adoption Process
Before the City Council adopts an ordinance to amend the Development Code, the
Planning Commission must first conduct a public hearing to consider the proposed
amendments. The Commission then forwards its recommendations via a resolution
advising the Council whether or not the proposed amendments should be adopted.
Summary of Changes to State Laws
The most noteworthy statewide changes to family day care regulations include , but are
not limited to, the following:
• Local jurisdictions may not require a land use permit or business license, or impose
a fee or tax to operate a family day care home (large or small).
• Local jurisdictions may not create special regulations that only apply to family day
care homes.
• A family day care home may be operated in any detached single -family dwelling, a
townhouse, or a dwelling unit within a covered multifamily dwelling in which the
underlying zoning allows for residential uses.
• A property owner or manager cannot prohibit a provider from operating a family day
care home where the underlying zoning allows for residential uses.
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Development Code Amendment Planning Case No. PL2021-70
Page 3 of 4
Proposed Development Code Amendments
Section 22.08.030 (Residential zoning district land uses and permit requirements)
– Revises Table 2-3 to allow all family day care homes as a permitted use within the
residential zoning districts. A footnote was also added to clarify that a zoning cle arance
is not required for family day care homes.
Section 22.30.040 (Number of parking spaces required) – Revises Table 3-10 to
delete the parking requirements for large family day care homes.
Section 22.42.040 (Child day care facilities) – Repeals and replaces this section in its
entirety to establish general requirements for family day care homes and retain some
requirements for child day care centers.
Section 22.42.140 (Group Homes) – The term “child day care home and center” are
amended for consistency with the family day care definition.
Section 22.80.020 (Definitions of specialized terms and phrases) – Substitutes
“child day care facility” with “child day care center”; deletes “large family day care home”
and “small family day care home,” and add s a new definition “family day care home” for
consistency.
Licensing Requirements
As mentioned above, the State Department of Social Services licenses and regulates all
family day care homes. To be licensed, all State health and safety requirements, as well
as fire safety requirements must be met. Physical changes to the home are still required
to comply with the local jurisdictions’ zoning or building requirements in the same
manner as any other residential use or structure.
ENVIRONMENTAL REVIEW:
The City has determined that the proposed Development Code Amendment is not
subject to the California Environmental Quality Act (“CEQA”) pursuant to the California
Code of Regulations, Title 14, Chapter 3, Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has
no potential for resulting in a physical change to the environment, directly or indir ectly
and because the proposed Development Code Amendments pertain to the regulation of
activities that are themselves statutorily exempt from CEQA pursuant to California
Health and Safety Code Section 1597.45(d) that provides that a small or large family
day care home shall not be subject to the provisions of CEQA.
NOTICE OF PUBLIC HEARING:
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Development Code Amendment Planning Case No. PL2021-70
Page 4 of 4
Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on
October 15, 2021, in a 1/8-page display. Pursuant to Planning and Zoning Law
Government Code Section 65091(a)(4), if the number of property owners to whom a
public hearing notice would be mailed is greater than 1,000, a local agency may provide
notice by placing a display advertisement of at least 1/8 page in one newspaper of
general circulation. A copy of the public notice was also posted at the City’s designated
community posting sites.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a Resolution recommending
City Council approval of Development Code Amendment No. PL2021-70.
PREPARED BY:
REVIEWED BY:
Attachments:
A. Draft Planning Commission Resolution No. 2021-XX (Recommending Approval
of Development Code Amendment)
B. Senate Bill 234
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PLANNING COMMISSION
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED
AMENDMENTS TO TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE
("DEVELOPMENT CODE") TO ENACT UPDATED REGULATIONS PERTAINING
TO FAMILY DAY CARE HOMES IN ACCORDANCE WITH STATE LAW -
PLANNING CASE NO. PL2021-70.
A. RECITALS
1. The California Legislature recognizes family day care homes as a valuable affordable
option for child care, and on September 5, 2019, the Governor signed Senate Bill 234
(“SB 234”), the Keeping Kids Close to Home Act, which took effect on January 1, 2020,
amending sections of the Health and Safety Code which requires large family day care
homes to be treated as residential uses of property for purposes of all local ordinances.
2. The State Department of Social Services (“DSS”) licenses and regulates family day
care homes.
3. Prior to SB 234, a “small family day care home,” which may provide care for up to 8
children, was considered a residential use of property for purposes of all local
ordinances, and a city or county was authorized to require a permitting process to allow
residential properties to operate as large family day care homes, providing care for up
to 14 children.
4. The City of Diamond Bar (“City”) wishes to amend the Development Code so that its
provisions are in compliance with SB 234.
5. The proposed Development Code Amendment will reduce regulatory barriers and
streamline approval processes to facilitate the establishment of large family day care
homes.
6. Pursuant to Government Code Sections 65090, a notice of at least 1/8 page display
was published in the San Gabriel Valley Tribune newspaper on October 15, 2021, and
a copy of the public notice was posted at the City’s designated community posting
sites.
7. The City has determined that the proposed Development Code Amendment is not
subject to the California Environmental Quality Act (“CEQA”) pursuant to the California
Code of Regulations, Title 14, Chapter 3, Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
because it has no potential for resulting in a physical change to the environment,
directly or indirectly and because the proposed Development Code Amendments
pertain to the regulation of activities that are themselves statutorily exempt from CEQA
pursuant to California Health and Safety Code Section 1597.45(d) that provides that a
small or large family day care home shall not be subject to the provisions of CEQA.
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2 PC Resolution No. 2021-XX
8. On October 26, 2021, the Planning Commission held a duly noticed public hearing
regarding the proposed Development Code Amendment reflected in the draft
ordinance attached hereto as Exhibit “A” and incorporated by reference into this
Resolution, and duly considered all public testimony, evidence, and staff analysis.
9. The proposed Development Code Amendment is consistent with multiple objectives
and policies in the City of Diamond Bar General Plan.
10. All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the
City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. Based on the findings and conclusions set forth above, the Planning Commission
hereby recommends that the City Council approve Development Code Amendment
Planning Case No. PL2021-70 by adopting the amendments to Title 22 of the Diamond
Bar Development Code described in the draft ordinance attached hereto as Exhibit “A”
and incorporated herein by reference.
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City Council of the
City of Diamond Bar.
APPROVED AND ADOPTED THIS 26TH DAY OF OCTOBER, 2021 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: ______________________________________
William Rawlings, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution
was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held
on the 26th day of October, 2021, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: ______________________________________
Greg Gubman, Secretary
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ORDINANCE NO. XX (2021)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, AMENDING SECTIONS 22.08.030 (RESIDENTIAL
ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS),
SECTION 22.30.040 (NUMBER OF PARKING SPACES REQUIRED),
22.42.040 (CHILD DAY CARE FACILITIES), SECTION 22.42.140
(GROUP HOMES) AND SECTION 22.80.020 (DEFINITIONS OF
SPECIALIZED TERMS AND PHRASES) OF TITLE 22 (DEVELOPMENT
CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ENACT
UPDATED REGULATIONS PERTAINING TO FAMILY DAY CARE
HOMES IN ACCORDANCE WITH STATE LAW.
WHEREAS, the California Legislature recognizes family day care homes as a
valuable affordable option for child care;
WHEREAS, prior to 2020, California law established that a “small family day care
home,” providing care for up to 8 children, was considered a residential use of property
for purposes of all local ordinances, and a city or county was authorized to require a
permitting process to allow residential properties to operate as large family day care
homes, providing care for up to 14 children;
WHEREAS, on September 5, 2019, the Governor signed Senate Bill 234 (“SB
234”), the Keeping Kids Close to Home Act, which took effect on January 1, 2020,
amending sections of the Health and Safety Code which requires that a large family day
care home be treated as a residential use of property for purposes of all local ordinances;
WHEREAS, SB 234 reduced regulatory barriers and streamlined approval
processes to facilitate the establishment of large family day care homes;
WHEREAS, the City must amend the Development Code to be consistent with the
State law;
WHEREAS, on October 26, 2021, the Planning Commission held a duly noticed
public hearing regarding proposed amendments to the Development Code pertaining to
family day care homes, Planning Case No. PL2021-70, and adopted Resolution No.
2021-XX recommending City Council approval of said Development Code Amendments;
WHEREAS, on _____________, 2021, the City Council held a duly noticed public
hearing regarding the proposed Development Code Amendment; and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2021-XX, a copy of which is on file with the City
Exhibit A
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Ordinance No. XX (2021)
2
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.Section 22.08.030 (Residential zoning district land uses and permit
requirements) of Title 22, Chapter 22.08 of the Diamond Bar Municipal Code is hereby
amended to revise Table 2-3 to add family day care homes as a permitted use within the
residential zoning districts and to delete references to large family day care homes and
small family day care homes as follows (deletions in strikethrough text and additions
shown in double underline):
TABLE 2-3
ALLOWED USES AND PERMIT REQUIREMENTS FOR
RESIDENTIAL ZONING DISTRICTS
Land Use (1) RR RL RLM RM RMH RH RH-
30
See
Standards
in
Section:
. . .
RESIDENTIAL USES (4)
Duplexes P P P P
Family day care homes (5)P P P P P P P 22.42.040
Guest house P P 22.42.060
. . .
SERVICE USES
. . .
Child day care centers CUP CUP CUP CUP 22.42.040
Child day care, large family day
care homes
CUP CUP CUP CUP CUP CUP CUP 22.42.040
Child day care, small family P P P P P P P 22.42.040
. . .
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Ordinance No. XX (2021)
3
KEY TO PERMIT REQUIREMENTS
Symbol Permit Requirement Procedure is
in Chapter
P Permitted use, zoning clearance required (2) 22.46
MUP Conditional use, minor conditional use permit required (2) 22.56
CUP Conditional use, conditional use permit required (2) 22.58
Use not allowed (see section 22.04.020(h) regarding uses not listed)
Notes:
(1) See article VI for definitions of each of the land uses listed.
(2) See chapter 22.48 for development review requirements for all uses.
(3) Radio and television antennas and wireless telecommunications antenna facilities shall be
permitted pursuant to the standards contained within Ordinance No. 04(1999).
(4) The land use category for a group home shall be determined based upon the predominant
operating characteristics of the use. Only one land use category shall be applied to a use at a
time.
(5) Zoning clearance is not required for family day care homes.
Section 2.Section 22.30.040 (Number of parking spaces required) of Title 22,
Chapter 22.30 of the Diamond Bar Municipal Code is hereby amended to revise Table 3-
10 to delete the reference to parking requirements for large family day care homes as
follows (deletions in strikethrough text and additions shown in double underline):
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type Vehicle Spaces Required
. . .
Recreation, education, public assembly:
Child day care centers 1 space for each 10 children, plus one
space for each employee, plus one space
for each vehicle used in conjunction with
the use, plus permanent drop-off area as
approved by the director.
Large family day care homes 1 space for each employee, in addition to
the required residential spaces.
. . .
Section 3.Section 22.42.040 (Child day care facilities) of Title 22, Chapter
22.42 of the Diamond Bar Municipal Code is hereby repealed and replaced in its entirety
to read as follows:
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Ordinance No. XX (2021)
4
Sec. 22.42.040. Child day care facilities.
This section establishes standards for the city review of child day care facilities, in
compliance with state law and in a manner that recognizes the needs of day care
operators and at the same time minimizes the effects on surrounding properties. These
standards apply in addition to the other applicable provisions of this Development Code
and requirements imposed by the California Department of Social Services through its
facility licensing procedures. Licensing by the Department of Social Services is required
for child day care facilities.
(1)Standards for family day care homes. The following standards shall apply:
a.Accessory use. In accordance with state law, the use of a home as a family
day care home shall be considered a permitted accessory use of residential
property and shall not require a city business license, use permit or zoning
clearance. All site planning, development, and sign standards of the
underlying zoning district shall apply, and use of residential property as a
family day care home shall not fundamentally alter the nature of the
underlying residential use.
b.Compliance with state laws. All family day care homes shall comply with all
applicable state laws, regulations, and rules governing family day care
homes.
c.Fire department standards. Family day care homes shall comply with all
applicable standards established by the State Fire Marshal, including,
without limitation, standards for such facilities to contain fire extinguishers,
smoke detector devices, carbon monoxide detectors, and required exits.
(2)Standards for child day care centers. The following standards shall apply:
a.Conditional use permit required.
b.Fire department standards. Child day care centers shall comply with all
applicable standards established by the State Fire Marshal, including,
without limitation, standards for such facilities to contain fire extinguishers,
smoke detector devices, carbon monoxide detectors, and required exits.
c.Noise. In order to protect adjacent residential dwellings from noise impacts,
a facility within any residential zoning district may only operate up to 14
hours for each day between the hours of 6:00 a.m. and 8:00 p.m. and may
only conduct outdoor activities between the hours of 7:00 a.m. and 7:00
p.m. Additionally, the facility shall be in full compliance with chapter 22.28
(Noise Control) for the subject zoning district.
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Ordinance No. XX (2021)
5
d.Fence or wall. A six-foot high solid decorative fence or wall shall be
constructed on all property lines, except in the front yard or within a traffic
safety sight area. Fences or walls shall provide for safety with controlled
points of entry in compliance with chapter 22.20 (Fences, Walls, and
Hedges).
e.Indoor play areas. The facility shall be provided with indoor play areas in
compliance with state requirements. Separate and clearly defined play and
activity areas shall be provided for each age group, including infant, toddler,
preschool and school age children.
f.Outdoor play lot. An outdoor play lot of at least 75 square feet of useable
area for each child, but not less than 450 square feet in area exclusive of
the required front yard setback, shall be provided. The outdoor play lot shall
be located in the rear yard. Stationary play equipment shall not be located
in front and side yards.
Section 4.Subsection (a)(4)(b) of Section 22.42.140 (Group Homes) of Title 22,
Chapter 22.42 of the Diamond Bar Municipal Code is hereby amended to add a reference
to family day care homes as follows (deletions in strikethrough text and additions shown
in double underline):
b. A parolee-probationer home shall not be located within 1,320 feet of any
other group home, a public or private school (pre-school through twelfth grade),
university, college, child day care center, family day care home and center, public park,
library, bar, cocktail lounge, tavern or business licensed for off-site sales of alcoholic
beverages as measured from any point on the outside walls of the parolee/probationer
housing to the nearest property line of the noted use.
Section 5.Subsection (c) of Section 22.80.020 (Definitions of specialized terms
and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended
as follows to delete the definitions of “child day care facilities,” “large family day care
home” and “small family day care home” and to amend the definition “child day care
center” (deletions in strikethrough text and additions shown in double underline):
(c) Definitions, “C.” The following definitions are in alphabetical order:
. . .
Child day care facilities. Facilities that provide nonmedical care and supervision of
minor children for periods of less than 24 hours. These facilities include the following, all
of which are required to be licensed by the California State Department of Social Services:
(1)Child day care center. A facility that provides nonmedical care and supervision
of minor children for periods of less than 24 hours, and is licensed by the
California State Department of Social Services. Includes Commercial
commercial or non-profit child day care facilities designed and approved to
accommodate 15 or more children. Includes infant centers, preschools, sick-
7.1.a
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Ordinance No. XX (2021)
6
child centers, and school-age day care facilities. These may be operated in
conjunction with a school or church facility, or as an independent land use. Does
not include family day care homes.
(2)Large family day care home. A day care facility located in a single-family
residence where an occupant of the residence provides care and supervision for
seven to 14 children. Children under the age of ten years who reside in the home
count as children served by the day care facility.
(3)Small family day care home. A day care facility located in a single-family
residence where an occupant of the residence provides care and supervision for
eight or fewer children. Children under the age of ten years who reside in the
home count as children served by the day care facility.
. . .
Section 6.Subsection (f) of Section 22.80.020 (Definitions of specialized terms
and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended
as follows to add a new definition for “family day care home” (deletions in strikethrough
text and additions shown in double underline):
(f) Definitions, “F.” The following definitions are in alphabetical order:
. . .
Family day care home. A facility that regularly provides care, protection, and
supervision of 14 or fewer minor children, in the provider’s home, for periods of
less than 24 hours per day, while the parents or guardians are away. These
facilities are required to be licensed by the California State Department of Social
Services. Children under the age of ten years who reside in the home count as
children served by the day care facility. A family day care home includes a
detached single-family dwelling, a townhouse, or a dwelling unit within a covered
multifamily dwelling in which the underlying zoning allows for residential uses. A
family day care home is where the daycare provider resides, and includes a
dwelling or a dwelling unit that is rented, leased, or owned.
. . .
Section 7.The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (“CEQA”) pursuant to the California Code of
Regulations, Title 14, Chapter 3, Sections 15060(c)(2) (the activity will not result in a direct
or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) because it has no potential for
resulting in a physical change to the environment, directly or indirectly and because the
proposed Development Code Amendments pertain to the regulation of activities that are
themselves statutorily exempt from CEQA pursuant to California Health and Safety Code
Section 1597.45(d) that provides that a small or large family day care home shall not be
subject to the provisions of CEQA.
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Ordinance No. XX (2021)
7
Section 8.Severability. If any section, clause, phrase, word or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each other section, clause, phrase, word or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, words or portions thereof be declared invalid or
unconstitutional.
SECTION 9.The City Clerk shall attest and certify to the passage and adoption of
this Ordinance within 15 days after adoption, cause it to be published or posted in
accordance with California law, and it shall be effective 30 days after adoption pursuant
to Government Code Section 36937.
PASSED, APPROVED and ADOPTED this ____ day of ________, 2021.
THE CITY OF DIAMOND BAR:
__________________________
Nancy Lyons, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the ___ day of ________, 2021, and was duly adopted at a
regular meeting of the City Council of the City of Diamond Bar held on the ___ day of
________, 2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
7.1.a
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Senate Bill No. 234
CHAPTER 244
An act to amend Sections 1596.72, 1596.73, 1596.78, 1597.30, 1597.45,
and 1597.54 of, to add Sections 1597.41, 1597.42, and 1597.455 to, to repeal
Section 1597.47 of, and to repeal and add Sections 1597.40, 1597.46, and
1597.543 of, the Health and Safety Code, relating to family daycare homes.
[Approved by Governor September 5, 2019. Filed with Secretary
of State September 5, 2019.]
legislative counsel’s digest
SB 234, Skinner. Family daycare homes.
Under existing law, the California Child Day Care Facilities Act, the State
Department of Social Services licenses and regulates family daycare homes.
Under existing law, a small family daycare home, which may provide care
for up to 8 children, is considered a residential use of property for purposes
of all local ordinances. Existing law authorizes a city, county, or city and
county to either classify a large family daycare home, which may provide
care for up to 14 children, as residential use of the property or to provide a
process for applying for a permit to use the property as a large family daycare
home.
This bill would instead require a large family daycare home to be treated
as a residential use of property for purposes of all local ordinances.
Existing law makes void every provision in a written instrument entered
into relating to real property that purports to forbid or restrict the conveyance,
encumbrance, leasing, or mortgaging of the real property for use or
occupancy as a family daycare home for children and every restriction or
prohibition in a written instrument as to the use or occupancy of the property
as a family daycare home.
This bill would also make void an attempt to deny, restrict, or encumber
the conveyance, leasing, or mortgaging of real property for use or occupancy
as a family daycare home and a restriction related to the use or occupancy
of the property as a family daycare home. The bill would prohibit a property
owner or manager from refusing to sell or rent, or refusing to negotiate for
the sale or rental of, or otherwise making unavailable or denying, a detached
single-family dwelling, a townhouse, a dwelling unit within a dwelling, or
a dwelling unit within a covered multifamily dwelling in which the
underlying zoning allows for residential use to a person because that person
is a family daycare provider. The bill would require the department to notify
applicants for family daycare home licenses that specified housing
discrimination remedies are available to a family daycare home provider,
family daycare home provider applicant, or person who is claiming that any
of these protections have been denied.
94 7.1.b
Packet Pg. 29
Existing law prohibits a local jurisdiction from imposing a business
license, fee, or tax for the privilege of operating a small family daycare
home.
This bill would extend that prohibition to large family daycare homes.
Existing law requires the State Fire Marshal to adopt building standards
and regulations relating to the fire and life safety systems in family daycare
provider homes.
This bill would require the State Fire Marshal to update those regulations
in the next regulation adoption cycle, and every 3 years thereafter to conform
to changes in these provisions. The bill would also require the State Fire
Marshal to issue guidance on implementing the provisions prior to the
publication of regulations, but not later than January 1, 2021, and would
authorize guidance to be issued annually thereafter in years when the
specified regulations are not updated.
The bill would also make technical and conforming changes.
The people of the State of California do enact as follows:
SECTION 1. Section 1596.72 of the Health and Safety Code is amended
to read:
1596.72. The Legislature finds all of the following:
(a) That child daycare facilities can contribute positively to a child’s
emotional, cognitive, and educational development.
(b) That it is the intent of this state to provide a comprehensive, quality
system for licensing child daycare facilities to ensure a quality childcare
environment.
(c) That this system of licensure requires a special understanding of the
unique characteristics and needs of the children served by child daycare
facilities.
(d) That it is the intent of the Legislature to establish within the State
Department of Social Services an organizational structure to separate
licensing of child daycare facilities from those facility types administered
under Chapter 3 (commencing with Section 1500).
(e) That good quality childcare services are an essential service for
working parents.
(f) California has a tremendous shortage of regulated childcare, and only
a small fraction of families who need childcare have it. Parents should be
able to support their families without having to sacrifice their child’s
well-being.
(g) With childcare, families have more options for jobs and education to
improve their prospects. Good, affordable childcare gives children a strong
start and creates opportunities for families and communities.
SEC. 2. Section 1596.73 of the Health and Safety Code is amended to
read:
1596.73. The purposes of this act are to:
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— 2 — Ch. 244 7.1.b
Packet Pg. 30
(a) Streamline the administration of childcare licensing and thereby
increase the efficiency and effectiveness of this system.
(b) Encourage the development of licensing staff with knowledge and
understanding of children and childcare needs.
(c) Provide providers of childcare with technical assistance about
licensing requirements.
(d) Enhance consumer awareness of licensing requirements and the
benefits of licensed childcare.
(e) Recognize that affordable, quality licensed childcare is critical to the
well-being of parents and children in this state.
(f) Promote the development and expansion of regulated childcare.
SEC. 3. Section 1596.78 of the Health and Safety Code is amended to
read:
1596.78. (a) “Family daycare home” means a facility that regularly
provides care, protection, and supervision for 14 or fewer children, in the
provider’s own home, for periods of less than 24 hours per day, while the
parents or guardians are away, and is either a large family daycare home or
a small family daycare home.
(b) “Large family daycare home” means a facility that provides care,
protection, and supervision for 7 to 14 children, inclusive, including children
under 10 years of age who reside at the home, as set forth in Section
1597.465 and as defined in regulations.
(c) “Small family daycare home” means a facility that provides care,
protection, and supervision for eight or fewer children, including children
under 10 years of age who reside at the home, as set forth in Section 1597.44
and as defined in regulations.
(d) A small family daycare home or large family daycare home includes
a detached single-family dwelling, a townhouse, a dwelling unit within a
dwelling, or a dwelling unit within a covered multifamily dwelling in which
the underlying zoning allows for residential uses. A small family daycare
home or large family daycare home is where the daycare provider resides,
and includes a dwelling or a dwelling unit that is rented, leased, or owned.
SEC. 4. Section 1597.30 of the Health and Safety Code is amended to
read:
1597.30. The Legislature finds and declares all of the following:
(a) The Legislature has a responsibility to ensure the health and safety
of children in family homes that provide daycare.
(b) There is an extreme shortage of regulated family daycare homes in
California, and the number has decreased significantly since 2008.
(c) There continues to be a growing need for child daycare facilities due
to the increased number of working parents. Parents need childcare so they
can work and attend school, and so their children can thrive.
(d) Many parents prefer childcare located in their neighborhoods in family
homes.
(e) There should be a variety of childcare settings, including regulated
family daycare homes, as suitable choices for parents.
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Ch. 244 — 3 — 7.1.b
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(f) The licensing program to be operated by the state should be cost
effective, streamlined, and simple to administer in order to ensure adequate
care for children placed in family daycare homes, while not placing undue
burdens on the providers.
(g) The state should maintain an efficient program of regulating family
daycare homes that ensures the provision of adequate protection, supervision,
and guidance to children in their homes.
(h) The state has a responsibility to promote the development and
expansion of regulated family daycare homes to care for children in
residential settings.
SEC. 5. Section 1597.40 of the Health and Safety Code is repealed.
SEC. 6. Section 1597.40 is added to the Health and Safety Code, to read:
1597.40. (a) It is the intent of the Legislature that family daycare homes
for children should be situated in normal residential surroundings so as to
give children the home environment that is conducive to healthy and safe
development. It is the public policy of this state to provide children in a
family daycare home the same home environment as provided in a traditional
home setting.
(b) The Legislature declares this policy to be of statewide concern with
the purpose of occupying the field. This act, the state building code, and
the fire code, and regulations promulgated pursuant to those provisions,
shall preempt local laws, regulations, and rules governing the use and
occupancy of family daycare homes. Local laws, regulations, or rules shall
not directly or indirectly prohibit or restrict the use of a facility as a family
daycare home, including, but not limited to, precluding the operation of a
family daycare home.
SEC. 7. Section 1597.41 is added to the Health and Safety Code, to read:
1597.41. (a) Every provision in a written instrument relating to real
property that purports to restrict the conveyance, encumbrance, leasing, or
mortgaging of the real property for use or occupancy as a family daycare
home is void, and every restriction in that written instrument as to the use
or occupancy of the property as a family daycare home is void.
(b) An attempt to deny, restrict, or encumber the conveyance, leasing,
or mortgaging of real property for use or occupancy as a family daycare
home is void. A restriction related to the use or occupancy of the property
as a family daycare home is void. A property owner or manager shall not
refuse to sell or rent, or refuse to negotiate for the sale or rental of, or
otherwise make unavailable or deny, a detached single-family dwelling, a
townhouse, a dwelling unit within a dwelling, or a dwelling unit within a
covered multifamily dwelling in which the underlying zoning allows for
residential use to a person because that person is a family daycare provider.
(c) Except as provided in subdivision (d), a restriction, whether by way
of covenant, contract, condition upon use or occupancy, or by transfer of
title to real property, that restricts directly or indirectly limits the acquisition,
use, or occupancy of a detached single-family dwelling, a townhouse, a
dwelling unit within a dwelling, or a dwelling unit within a covered
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Packet Pg. 32
multifamily dwelling in which the underlying zoning allows for residential
use as a family daycare home is void.
(d) (1) A prospective family daycare home provider who resides in a
rental property shall provide 30 days’ written notice to the landlord or owner
of the rental property prior to the commencement of operation of the family
daycare home.
(2) A family daycare home provider who has relocated an existing
licensed family daycare home program to a rental property on or after
January 1, 1997, may provide less than 30 days’ written notice when the
department approves the operation of the new location of the family daycare
home in less than 30 days, or the home is licensed in less than 30 days, so
that service to the children served in the former location not be interrupted.
(3) A family daycare home provider in operation on rental or leased
property as of January 1, 1997, shall notify the landlord or property owner
in writing at the time of the annual license fee renewal, or by March 31,
1997, whichever occurs later.
(4) Notwithstanding any other law, upon commencement of, or knowledge
of, the operation of a family daycare home on an individual’s property, the
landlord or property owner may require the family daycare home provider
to pay an increased security deposit for operation of the family daycare
home. The increase in deposit may be required notwithstanding that a lesser
amount is required of tenants who do not operate family daycare homes.
The total security deposit charged shall not exceed the maximum allowable
under existing law.
(5) Section 1596.890 does not apply to this subdivision.
(e) During the license application process for a small or large family
daycare home, the department shall notify the applicant that the remedies
and procedures in Article 2 (commencing with Section 12980) of Chapter
7 of Part 2.8 of Division 3 of Title 2 of the Government Code relating to
fair housing are available to family daycare home providers, family daycare
home provider applicants, and individuals who claim that any of the
protections provided by this section or Section 1597.40, 1597.42, 1597.43,
1597.45, 1597.455, or 1597.46 have been denied.
(f) For the purpose of this section, “restriction” means a restriction
imposed orally, in writing, or by conduct and includes prohibition.
(g) This section does not alter the existing rights of landlords and tenants
with respect to addressing and resolving issues related to noise, lease
violations, nuisances, or conflicts between landlords and tenants.
SEC. 8. Section 1597.42 is added to the Health and Safety Code, to read:
1597.42. The use of a home as a family daycare home, operated under
the standards of state law, in a residentially zoned area shall be considered
a residential use of property for the purposes of all local ordinances,
regulations, and rules, and shall not fundamentally alter the nature of the
underlying residential use.
SEC. 9. Section 1597.45 of the Health and Safety Code is amended to
read:
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Ch. 244 — 5 — 7.1.b
Packet Pg. 33
1597.45. (a) The use of a home as a small or large family daycare home
shall be considered a residential use of property and a use by right for the
purposes of all local ordinances, including, but not limited to, zoning
ordinances.
(b) A local jurisdiction shall not impose a business license, fee, or tax
for the privilege of operating a small or large family daycare home.
(c) Use of a home as a small or large family daycare home shall not
constitute a change of occupancy for purposes of Part 1.5 (commencing
with Section 17910) of Division 13 (State Housing Law) or for purposes of
local building codes.
(d) A small or large family daycare home shall not be subject to the
provisions of Division 13 (commencing with Section 21000) of the Public
Resources Code.
(e) The provisions of this chapter do not preclude a city, county, or other
local public entity from placing restrictions on building heights, setback, or
lot dimensions of a family daycare home, as long as those restrictions are
identical to those applied to all other residences with the same zoning
designation as the family daycare home. This chapter does not preclude a
local ordinance that deals with health and safety, building standards,
environmental impact standards, or any other matter within the jurisdiction
of a local public entity, as long as the local ordinance is identical to those
applied to all other residences with the same zoning designation as the family
daycare home. This chapter also does not prohibit or restrict the abatement
of nuisances by a city, county, or city and county. However, the ordinance
or nuisance abatement shall not distinguish family daycare homes from
other homes with the same zoning designation, except as otherwise provided
in this chapter.
(f) For purposes of this chapter, “small family daycare home or large
family daycare home” includes a detached single-family dwelling, a
townhouse, a dwelling unit within a dwelling, or a dwelling unit within a
covered multifamily dwelling in which the underlying zoning allows for
residential uses. A small family daycare home or large family daycare home
is where the family daycare provider resides, and includes a dwelling or
dwelling unit that is rented, leased, or owned.
SEC. 10. Section 1597.455 is added to the Health and Safety Code, to
read:
1597.455. (a) A small family daycare home shall not be subject to
Article 1 (commencing with Section 13100) or Article 2 (commencing with
Section 13140) of Chapter 1 of Part 2 of Division 12, except that a small
family daycare home shall contain a fire extinguisher and smoke detector
device that meet standards established by the State Fire Marshal.
(b) A small family daycare home for children shall have one or more
carbon monoxide detectors in the facility that meet the standards established
in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12.
The department shall account for the presence of these detectors during
inspections.
SEC. 11. Section 1597.46 of the Health and Safety Code is repealed.
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Packet Pg. 34
SEC. 12. Section 1597.46 is added to the Health and Safety Code, to
read:
1597.46. (a) A large family daycare home shall abide by all standards,
in addition to the requirements of the State Uniform Building Standards
Code, that are specifically designed to promote fire and life safety in large
family daycare homes. The State Fire Marshal shall adopt separate building
standards specifically relating to the subject of fire and life safety in family
daycare homes, which shall be published in Title 24 of the California Code
of Regulations. These standards shall apply uniformly throughout the state
and shall include, but not be limited to, all of the following:
(1) The requirement that a large family daycare home contain a fire
extinguisher or smoke detector device, or both, that meets childcare standards
established by the State Fire Marshal.
(2) Specification as to the number of required exits from the home.
(3) Specification as to the floor or floors on which childcare may be
provided and the number of required exits on each floor.
(b) A large family daycare home for children shall have one or more
carbon monoxide detectors in the facility that meet the standards established
in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12.
The department shall account for the presence of these detectors during
inspections.
(c) Enforcement of this section shall be in accordance with Sections
13145 and 13146. A city, county, city and county, or district shall not adopt
or enforce a building ordinance or local rule or regulation relating to the
subject of fire and life safety in large family daycare homes that is
inconsistent with those standards adopted by the State Fire Marshal, except
to the extent the building ordinance or local rule or regulation applies to all
residences with the same zoning designation in which childcare is provided.
SEC. 13. Section 1597.47 of the Health and Safety Code is repealed.
SEC. 14. Section 1597.54 of the Health and Safety Code is amended to
read:
1597.54. (a) All family daycare homes for children, shall apply for a
license under this chapter, except that any home that, on June 28, 1981, had
a valid and unexpired license to operate as a family daycare home for
children under other provisions of law shall be deemed to have a license
under this chapter for the unexpired term of the license, at which time a new
license may be issued upon fulfilling the requirements of this chapter.
(b) An applicant for licensure as a family daycare home for children shall
file with the department, pursuant to its regulations, an application on forms
furnished by the department, which shall include, but not be limited to, all
of the following:
(1) A brief statement confirming that the applicant is financially secure
to operate a family daycare home for children. The department shall not
require any other specific or detailed financial disclosure.
(2) (A) Evidence that the small family daycare home contains a fire
extinguisher or smoke detector device, or both, that meets standards
established by the State Fire Marshal under Section 1597.455, or evidence
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Ch. 244 — 7 — 7.1.b
Packet Pg. 35
that the large family daycare home meets the standards established by the
State Fire Marshal under subdivision (a) of Section 1597.46.
(B) Evidence satisfactory to the department that there is a fire escape
and disaster plan for the facility and that fire drills and disaster drills will
be conducted at least once every six months. The documentation of these
drills shall be maintained at the facility on a form prepared by the department
and shall include the date and time of the drills.
(3) The fingerprints of any applicant of a family daycare home license,
and any other adult, as required under subdivision (b) of Section 1596.871.
(4) Evidence of a current tuberculosis clearance, as defined in regulations
that the department shall adopt, for any adult in the home during the time
that children are under care. This requirement may be satisfied by a current
certificate, as defined in subdivision (f) of Section 121525, that indicates
freedom from infectious tuberculosis as set forth in Section 121525.
(5) Commencing September 1, 2016, evidence of current immunity or
exemption from immunity, as described in Section 1597.622, for the
applicant and any other person who provides care and supervision to the
children.
(6) Evidence satisfactory to the department of the ability of the applicant
to comply with this chapter and Chapter 3.4 (commencing with Section
1596.70) and the regulations adopted pursuant to those chapters.
(7) Evidence satisfactory to the department that the applicant and all
other persons residing in the home are of reputable and responsible character.
The evidence shall include, but not be limited to, a criminal record clearance
pursuant to Section 1596.871, employment history, and character references.
(8) Other information as required by the department for the proper
administration and enforcement of the act.
(c) Failure of the applicant to cooperate with the licensing agency in the
completion of the application shall result in the denial of the application.
Failure to cooperate means that the information described in this section
and in regulations of the department has not been provided, or not provided
in the form requested by the licensing agency, or both.
SEC. 15. Section 1597.543 of the Health and Safety Code is repealed.
SEC. 16. Section 1597.543 is added to the Health and Safety Code, to
read:
1597.543. (a) The State Fire Marshal shall update the building and fire
standards necessary to implement the sections of this chapter relating to life
and fire safety, including, but not limited to, Sections 1597.455 and 1597.46,
and shall publish the updates in the California Code of Regulations (CCR)
in the next Title 19 and Title 24 CCR adoption cycle.
(b) Prior to the publication of the updates required by subdivision (a),
but not later than January 1, 2021, the State Fire Marshal shall issue guidance
on implementing the sections listed in subdivision (a).
(c) The State Fire Marshal shall update the regulations at least every
three years to conform to changes in this chapter. The State Fire Marshal
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— 8 — Ch. 244 7.1.b
Packet Pg. 36
may issue guidance on implementing this chapter annually in the years in
which the regulations are not updated in Title 19 and Title 24 of the CCR.
O
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Ch. 244 — 9 — 7.1.b
Packet Pg. 37
Project Status Report CITY OF DIAMOND BAR
October 26, 2021 COMMUNITY DEVELOPMENT DEPARTMENT
LEGEND PH = PUBLIC HEARING
X = NON PUBLIC HEARING
AP = ASSIGNED PLANNER
PC = PLANNING COMMISSION
AR = ADMINISTRATIVE REVIEW
CC = CITY COUNCIL
PROPERTY LOCATION
PLANNING COMMISSION REVIEW File # AP Applicant PC
10/26/21
CC
11/2/21
PC
11/09/21
CC
11/16/21
PC
11/23/21
CC
12/7/21
DCA Family Day Care Homes (SB 234) PL2021-70 MN City of Diamond Bar PH PH
2432 Indian Creek Rd.
(New single-family residence)
Time Extension for DR
PL2018-226 MN Mei Lan Liang and
Jimmy Liang
PH
2631 Rocky Trail Rd.
(Addition and remodel to single family
residence)
DR, MCUP PL2021-22 GL Katy Liu
PH
ADMINISTRATIVE REVIEW
Property Location AP Applicant
None
PENDING ITEMS
Property Location File # AP Applicant Status
1625 Bears Den Rd.
(Addition to single family residence)
DR PL2021-01 MN Pete Volbeda Second incomplete letter sent 8/31/21 – waiting for additional information
850 Brea Canyon Rd.
(Modification to hotel and office project)
TPM/CUP/DR/PP/CSP
PL2017-169
GL Philip Lee Under Review
1198 Chisolm Trail Dr.
(New single-family residence)
DR PL2021-51 JT/JE Michael Wu First incomplete letter sent 7/21/21 – waiting for additional information
Crooked Creek
(7-unit subdivision)
TTM, DR, CUP, TP
PL2017-203
MN New Bridge Homes Under Review
2001 Derringer Ln.
(2-lot subdivision)
TPM 83036
PL2021-46
MN
Gurbachan S. Juneja First incomplete letter sent 6/24/21 – waiting for additional information
Gentle Springs Ln. and S. Prospectors
Rd.
GPA, ZC, VTTM, DR
PL2021-23
GL Tranquil Garden LLC First incomplete letter sent 4/16/21 – waiting for additional information
2234 Indian Creek Rd.
(New single-family residence)
DR PL2020-159 MN Jeffrey Sun Second incomplete letter sent 9/30/21 – waiting for additional information
22909 Lazy Trail Rd.
(Addition and remodel to single family
residence)
DR, MCUP PL2021-05 JT/JE Walt Petroske Second incomplete letter sent 9/8/21 – waiting for additional information
9.1
Packet Pg. 38
Project Status Report CITY OF DIAMOND BAR Page 2
October 26 2021 COMMUNITY DEVELOPMENT DEPARTMENT
PENDING ITEMS (continued)
Property Location File # AP Applicant Status
23121 Ridge Line Rd.
(New single family residence)
DR PL2020-31 MN Pete Volbeda Third incomplete letter sent 8/13/21 – waiting for additional information
Walnut Valley Unified School District
(Billboard Ordinance)
PL2021-43 GL/
MN
WVUSD Under review
9.1
Packet Pg. 39
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF DIAMOND BAR )
I, Stella Marquez, Administrative Coordinator for the City of Diamond Bar, CA, declare as
follows:
I hereby certify, under penalty of perjury under the laws of the State of California that
on October 21, 2021, 1 posted the October 26, 2021, Planning Commission Agenda,
pursuant to Government Code Section 54950 et.seq. at the following locations:
Diamond Bar City Hall, 21810 Copley Drive
SCAQMD/Government Center, 21865 Copley Drive
Heritage Park, 2900 Brea Canyon Road
City website: www.diamondbarea.gov
Due to COVID-19 closures, the agenda could not be posted at the following regular
posting locations:
Diamond Bar Library
Executed on October 21, 2021, at Diamond Bar, California.
Stella Marquez
Community Development Dept.
K:\\s\nRdavitpostinKdoc