The URL can be used to link to this page

Home My WebLink About10/13/2021PLANNING COMMISSION AGENDA SPECIAL MEETING ______________________________________________ Wednesday, October 13, 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 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: Members of the public can observe the meeting by calling +1 (631) 992 -3221, Attendee Access Code: 496-794-315 or visiting https://attendee.gotowebinar.com/register/4609252117847303435 . How to Submit Public Comment: Members of the public may provide public comment by sending written comm ents to the Minutes Secretary by email at Planning@DiamondBarCA.gov by 5:30 p.m. on the day of the meeting. Please indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Planning Commission members and read into the record at the meeting, up to a maximum of five minutes. Public comment may be submitted by logging onto the meeting through this link: visiting https://attendee.gotowebinar.com/register/4609252117847303435 . 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 Comm ent period address the Planning Commission on any Consent Calendar item or any matter not on the agenda and within the Planning Commission’s subject matter jurisdiction. Any material to be submitted to the Planning Commission at the meeting should be submitted through the Minutes Secretary. Speakers are limited to five minutes per agenda item, unless the Chairperson determines otherwise. The Chairperson may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Planning Commission only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the Planning Commission. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE PLANNING COMMISSION Agendas for regular Planning Commission meetings are available 72 hours prior to the meeting and are posted in the City’s regular 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 13, 2021 SPECIAL MEETING AGENDA Next Resolution No. 2021-17 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 Regular Planning Commission Meeting – September 14, 2021 4.2 Minutes of the Regular Planning Commission Meeting – September 28, 2021 5. OLD BUSINESS: None. OCTOBER 13, 2021 PAGE 2 PLANNING COMMISSION 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Amendment to Minor Conditional Use Permit and Variance PL2019- 122 - Under the authority of Diamond Bar Municipal Code Section 22.56, the applicant is requesting to amend the previously-approved Minor Conditional Use Permit and Variance 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). PROJECT ADDRESS: 21130 Golden Springs Drive Diamond Bar, CA 91789 APPLICANT: MHD Marwan Almannini 21130 Golden Springs Drive Diamond Bar, CA 91789 PROPERTY OWNER: Anna and Gary Malkhasian 11534 Dellmont Drive Tujunga, CA 91042 ENVIRONMENAL DETERMINATION: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Base d on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15301 (Existing Facilities) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission 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 draft resolution. 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, opportun ities 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 PROJECT APPLICANT/: City of Diamond Bar LEAD AGENCY Community Development Department OCTOBER 13, 2021 PAGE 3 PLANNING COMMISSION ENVIRONMENAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (Public Resources Code, Section 2100 et seq.) the City prepared a Program Environmental Impact Report (EIR) for the comprehensive General Plan update in 2019 (“General Plan 2040”). The City has reviewed the proposed Housing Element update and determined that t here is no substantial evidence that the proposed Housing Element amendment will result in significant environmental impacts not previously addressed in the General Plan 2040 EIR. In light of this determination, the City prepared an addendum to the General Plan EIR pursuant to CEQA Guideline s Sec. 15162 and 15164. The General Plan 2040 Program EIR is available for review on the City of Diamond Bar website at: https://www.diamondbarca.gov/961/General - Plan-2040. RECOMMENDATION: Staff recommends that the Planning Commission recommend that the City Council approve the Diamond Bar Housing Element 2021-2029 Update. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 10. SCHEDULE OF FUTURE EVENTS: PLANNING COMMISSION MEETING: Tuesday, October 26, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive 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 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. OCTOBER 13, 2021 PAGE 4 PLANNING COMMISSION 11. ADJOURNMENT: 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 MEETING OF THE PLANNING COMMISSION DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 SEPTEMBER 14, 2021 CALL TO ORDER: Chair/Rawlings called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE: Commissioners Wolfe led the Pledge of Allegiance. 1. ROLL CALL: Commissioners: Naila Barlas, Kenneth Mok, Raymond Wolfe, Vice Chairman Mahendra Garg, Chairman William Rawlings Staff Present : Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney (telephonically); Mayuko (May) Nakajima, Associate Planner; Joy Tsai, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. APPROVAL OF AGENDA: As presented. 3. PUBLIC COMMENTS: None Offered. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Planning Commission Meeting of August 24, 2021. C/Wolfe moved, C/Mok seconded, to approve Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 – Under the authority of Diamond Bar Municipal Code Sections 22.48, 22.56 and 22.38, applicant William R. Edward and property owner Li Lai requested Development Review approval for a 2,921 square foot addition, exterior and interior remodel, new 996 square-foot garage, 2,040 square 4.1 Packet Pg. 7 ________________________________________________________________________ SEPTEMBER 14, 2021 PAGE 2 PLANNING COMMISSION ________________________________________________________________________ feet of patio/balcony areas, retaining walls and rear yard improvements to an existing 3,062 square foot single-family residence on a 1.61 gross acre (70,131 gross square foot) site. A Tree Permit was requested to protect seven coast live oak trees, and a Minor Conditional Use Permit was also requested to allow the continuation of an existing nonconforming structure with a 21 foot, 11 inch front setback (where 30 feet is required). The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: 24011 Falcons View Drive Diamond Bar, CA 91765 APPLICANT: William R. Edwards EAC Planning and Design 2549 East Bluff Drive #297 Newport Beach, CA 92660 PROPERTY OWNER: Li Lai 24011 Falcons View Drive Diamond Bar, CA 91765 AP/Nakajima presented staff’s report and recommended Planning Commission approval of Development Review, Tree Permit, and Minor Conditional Use Permit Planning Case No. PL2020-25, based on the findings of fact, and subject to the conditions of approval listed within the resolution. Chair/Rawlings opened the public hearing. Bill Edwards, architect, thanked the City and others for their assistance in moving the project forward. Chair/Rawlings closed the public hearing. C/Mok said he was pleased the applicant and property owner worked together to preserve the seven existing oak trees and will be planting an additional nine oak trees. Chair/Rawlings concurred. C/Mok moved, C/Barlas seconded, to approve Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25, based on the findings of fact, and subject to the conditions of approval listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 4.1 Packet Pg. 8 ________________________________________________________________________ SEPTEMBER 14, 2021 PAGE 3 PLANNING COMMISSION ________________________________________________________________________ 7.2 Conditional Use Permit Planning Case No. PL2021-30 – Under the authority of Diamond Bar Municipal Code Section 22.58, applicant Shawn Zuo requested Conditional Use Permit approval to operate an indoor fitness studio with group classes in a 2,407 square-foot tenant space within a 15,360 square-foot, multi- tenant single-story commercial building (previously occupied by Big Lots) in the Diamond Bar Town Center. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 1139 S. Diamond Bar Boulevard, Unit F Diamond Bar, CA 91765 APPLICANT: Shawn Zuo 716 N. Conlon Avenue West Covina, CA 91790 PROPERTY OWNER: Diamond Bar 3721 LLC 24 Prairie Grass Irvine, CA 92603 AP/Tsai provided staff’s report and recommended Planning Commission approval of Conditional Use Permit Planning Case No. PL2021 -30, based on the findings of fact, and subject to conditions of approval as listed within the resolution. VC/Garg asked if any similar type studios existed in Diamond Bar or surrounding areas and AP/Tsai responded that this franchise is not currently in Diamond Bar but has locations in San Dimas, Chino Hills and Claremont. Chair/Rawlings opened the public hearing. With no one wishing to speak on this item, Chair/Rawlings closed the public hearing. VC/Garg moved, Chair/Rawlings seconded, to approve Conditional Use Permit Planning Case No. PL2021-30, based on the findings of fact, and subject to conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 4.1 Packet Pg. 9 ________________________________________________________________________ SEPTEMBER 14, 2021 PAGE 4 PLANNING COMMISSION ________________________________________________________________________ 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: C/Barlas congratulated the Fit Body Boot Camp owners and said she appreciated their operational hours. C/Mok said it was nice to see how the former Big Lots building was divided into smaller units and believes all spaces are now leased out. He welcomed the indoor fitness center (Agenda Item 7.2) and wished them good luck with their business. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman reported one item for the September 28th Commission meeting agenda, an Amendment to Minor Conditional Use Permit request from Jasmine Grill restaurant to add hookah service to their outdoor patio area. The Special Meeting to consider the Housing Element is scheduled for Wednesday, October 13 th in the Windmill Room at 6:30 p.m. and with the Commission’s recommendation for Council adoption, it will move forward to the City Council on November 2nd for adoption and submission to the State Department of Housing Community Development for certification. CDD/Gubman responded to C/Mok that he did not foresee a regular Commission meeting on October 12th. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Rawlings adjourned the regular meeting at 6:52 p.m. The foregoing minutes are hereby approved this 28th of September, 2021. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director ______________________________ William Rawlings, Chairperson 4.1 Packet Pg. 10 MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 SEPTEMBER 28, 2021 CALL TO ORDER: Chair/Rawlings called the meeting to order at 6:58 p.m. PLEDGE OF ALLEGIANCE: Chairman Rawlings led the Pledge of Allegiance. 1. ROLL CALL: Commissioners: Naila Barlas, Kenneth Mok, Raymond Wolfe, Vice Chairman Mahendra Garg, Chairman William Rawlings Staff Present : Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney (telephonically); Grace Lee, Senior Planner; Joy Tsai, Assistant Planner; Stella Marquez, Administrative Coordinator. 2. APPROVAL OF AGENDA: As presented 3. PUBLIC COMMENTS: Chair/Rawlings announced that due to technology difficulties that were preventing the public participating online and via phone from being audible, Item 7.1, would be continued to the Planning Commission Special Meeting of October 13th, 2021. CDD/Gubman stated that the item will be re-advertised for a hearing on October 13th and notices of the public hearing will be mailed to affected residents. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Planning Commission Meeting of September 14, 2021. (Continued to October 13th, 2021) 5. OLD BUSINESS: NONE 6. NEW BUSINESS: NONE 7. PUBLIC HEARING(S): 7.1 Amendment to Minor Conditional Use Permit and Variance PL2019-122 – Under the authority of Diamond Bar Municipal Code Section 22.56, the applicant requested to amend the previously-approved Minor Conditional Use Permit and Variance 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 4.2 Packet Pg. 11 ________________________________________________________________________ SEPTEMBER 28, 2021 PAGE 2 PLANNING COMMISSION ________________________________________________________________________ (front) side of the existing restaurant (Jasmine Grill). The subje ct property is zoned Community Commercial (C-2) with an underlying General Plan land use designation of General Commercial (C). (Continued to October 13, 2021) PROJECT ADDRESS: 21130 Golden Springs Drive Diamond Bar, CA 91789 APPLICANT: MHD Marwan Almannini 21130 Golden Springs Drive Diamond Bar, CA 91789 PROPERTY OWNER: Anna and Gary Malkhasian 11534 Dellmont Drive Tujunga, CA 91042 The matter was tabled. 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: None. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman announced that the meeting of October 12 th will be canceled and the next scheduled meeting is the Planning Commission Special Meeting of October 13th. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Rawlings adjourned the meeting at 7:01 p.m. to the Special Meeting of October 13th, 2021 at 6:30 p.m. The foregoing minutes are hereby approved this 13th day of October, 2021. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director ______________________________ WILLIAM RAWLINGS, Chairperson 4.2 Packet Pg. 12 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: October 13, 2021 CASE/FILE NUMBER: Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 PROJECT LOCATION: 21130 Golden Springs Drive Diamond Bar, CA 91789 (APN 8763-006-022) GENERAL PLAN DESIGNATION: General Commercial (C) ZONING DISTRICT: Community Commercial (C-2) PROPERTY OWNER: Anna and Gary Malkhasian 11534 Dellmont Drive Tujunga, CA 91042 APPLICANT: MHD Marwan Almannini 21130 Golden Springs Drive Diamond Bar, CA 91789 SUMMARY: The applicant, MHD Marwan Almannini, is requesting approval of an amendment to the previously-approved Minor Conditional Use Permit (MCUP) and Variance to establish 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). The proposed amendment, if approved, would allow hookah service in the front portion of the outdoor seating area. The matter was originally scheduled to be heard on September 28, 2021. As a result of technical issues that prevented online attendees from participating , all business items on the agenda were tabled so that they could be rescheduled. Staff advised the Commission and the public that all items would be rescheduled to a special meeting on October 13, 2021, and that this item would be readvertised and renoticed accordingly. CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 13 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 2 of 11 RECOMMENDATION: Adopt the attached Resolution (Attachment A) approving an Amendment to a Minor Conditional Use Permit and Variance No. PL2019-122, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.56, subject to conditions. BACKGROUND: The subject property consists of a 0.83-acre parcel located at the south side of Golden Springs Drive, east of Brea Canyon Road. The property was developed in 1975 under Los Angeles County standards with a 3,871 square -foot restaurant. On December 10, 2019, the Planning Commission approved an entitlement package (Planning Case No. PL2019-122) consisting of: 1) an MCUP to allow outdoor dini ng at the existing restaurant; and 2) a Variance to reduce the required distance separation between the outdoor dining area and the nearest residential uses. There are 40 parking spaces available on-site. The property is legally described as Lot 2 of Parcel Map No. 4739. The Assessor’s Parcel Number (APN) is 8763-006-022. Site and Surrounding General Plan, Zoning and Land Uses The aerial image below highlights the subject property: 7.1 Packet Pg. 14 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 3 of 11 Aerial View 7.1 Packet Pg. 15 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 4 of 11 Project Site with Existing Outdoor Dining Area The following table describes the surrounding land uses located adjacent to the subject property: General Plan Designation Zoning Land Uses Site General Commercial Community Commercial (C-2) Restaurant with Outdoor Dining North General Commercial Community Commercial (C-2) Service Station and a Drive-thru Restaurant with Outdoor Dining South Low-Medium Density Residential Low-Medium Density Residential (RLM) Single-Family Residences East General Commercial Community Commercial (C-2) Outdoor Retail (Diamond Fresh Farmers Market) West General Commercial Regional Commercial (C-3) Service Station and Drive-thru Carwash Site Features The project site is comprised of a single tenant, Jasmine Grill, which serves lunch and dinner. The restaurant is located toward the east side of the property. Parking is located to the north (front), west, and south (rear) of the restaurant. There is existing landscaping throughout the property. The outdoor dining area is located on the north 7.1 Packet Pg. 16 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 5 of 11 and west sides of the building, and is enclosed by wrought iron railing and an open metal trellis framework. Furnishings within the patio area include decorative tables, chairs, waste receptacles, large potted plants, and umbrellas. Access to the outdoor dining areas is provided via an existing ADA-compliant walkway located adjacent to the parking lot and the front entrance. The current hours of operation are Wednesdays through Monday from 10:30 a.m. to 9:00 p.m. and closed on Tuesdays. The restaurant is not proposing to extend its hours of operation. Alcohol is currently not served. PROJECT DESCRIPTION: The applicant is requesting an amendment to the previously -approved Minor Conditional Use Permit to allow ancillary hookah service in the front portion of the outdoor dining area. A hookah is a water pipe device of Middle Eastern origin that is used to smoke shisha, which is flavored tobacco (a mixture of tobacco, dried fruits and molasses) or a non-tobacco-based substitute. The smoke is filtered through water at the base of the hookah pipe. Changes to the building exterior are not proposed as part of this application, except for the removal of unpermitted canopy coverings on top of the decorative metal trellis structures. The applicant is proposing to provide additional outdoo r patio furniture in the front of the outdoor dining area to accommodate hookah service. The side portion of the outdoor dining area that wraps around the west side of the building will not have hookah service. The hookah preparation area will be located at the rear of the building, away from food preparation areas. 7.1 Packet Pg. 17 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 6 of 11 Site Plan with Proposed Hookah Service Area 7.1 Packet Pg. 18 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 7 of 11 Proposed Floor Plan Existing Outdoor Seating Area 7.1 Packet Pg. 19 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 8 of 11 ANALYSIS: Review Authority (DBMC Section 22.56) A Minor Conditional Use Permit (MCUP) is intended to allow for uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. MCUPs are normally subject to approval of the City’s Hearing Officer (typically the Community Development Director). However, because the previously-approved MCUP and Variance were reviewed and approved by the Planning Commission, the requested amendment to the MCUP is subject to review and approval by the Planning Commissio n (i.e., the highest review authority). When reviewing a MCUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the publi c health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health and general welfare, then it must deny the request. When a MCUP is approved, it runs with the land and all conditions placed on the MCUP are binding on all successors in interest. In other words, if the owner were to close the business, a new tenant could locate in the space and operate the same type of business. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to expand the business without full review and approval by the Planning Commission. Required Parking The required number of parking spaces for a restaurant is one space for every 75 square feet of indoor gross floor area for patrons, p lus one space for each 300 square feet of service area, plus one space for each 100 square feet of outdoor dining area. The existing restaurant with the outdoor dining area requires a minimum of 40 parking spaces. There are currently 40 parking spaces, including three ADA parking spaces provided on-site. The applicant is not proposing to expand the footprint of the existing outdoor dining areas. The subject site continues to be in compliance with the minimum number of required parking spaces for the res taurant and outdoor dining area by providing 40 spaces. 7.1 Packet Pg. 20 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 9 of 11 City’s Development Code Parking Requirement Use Sq. Ft. Parking Ratio Parking Required Jasmine Grill Restaurant Patron Area 1,100 1 space per 75 sq. ft. 15 Service Area 2,771 1 space per 300 sq. ft. 9 Outdoor Dining Area 1,600 1 space per 100 sq. ft. 16 5,471 Total 40 Parking Provided 40 Compatibility with Neighborhood The project site is surrounded by an outdoor retail store (Diamond Fresh Farmers Market) to the east, a service station (Mobil) with a drive-thru carwash to the west, fast food restaurant (In-N-Out) with outdoor dining to the north, and single-family residences to the south. The restaurant already has an existing outdoor dining area. In addition, the existing outdoor sales area of Diamond Fresh Farmers Market abuts the residences to the south, and the Mobil service station and drive-thru carwash are operating later than Jasmine Grill. Therefore, the existing residences are already subject to noise and activity associated with the existing and adjacent uses. The proposed request to allow hookah service is ancillary to the primary restaurant and outdoor dining uses and will have a negligible effect on existing noise and activity levels in the vicinity. The project site is also located near a busy intersection of two major arterials, Golden Springs Drive and Brea Canyon Road, with noise levels at 70 decibels according to the Diamond Bar General Plan 2040 Environmental Impact Report. The SR -60 freeway is also in close proximity and is a major contributor to ambient noise levels. Furthermore, there will be no additional visual and privacy impacts generated from the proposed hookah services since there are existing block walls and dense landscaping at the rear of the property which provides screening. The operating characteristics will have minimal impacts, if any, and are compatible with the existing and future uses in the surrounding area as conditioned through the amendment to the MCUP. Smoking Under California State law, hookah falls under the definition of a tobacco product, and is subject to the same regulations that apply to the smoking of other tobacco products in outdoor dining areas. Although local jurisdictions may enact additional outdoor smoking restrictions, the Diamond Bar Municipal Code currently does not contain such restrictions. 7.1 Packet Pg. 21 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 10 of 11 State regulations regarding smoking primarily address employee health in the workplace, and do not, generally, address the health of the public at large. For instance, it is against State law to smoke or use electronic smoking or vaping devices, such as e-cigarettes, in an enclosed space at a place of employment or owner-operated business. State law bans smoking within 20 feet of the entrance or operable window of a public building, which is defined as a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California community college district. State law also prohibits smoking within 25 feet of playgrounds and tot lots. Generally speaking, California regulations permit outdoor smoking lounges with food service, and prohibit indoor smoking lounges with food service. No type of entertainment, including live or recorded music, is proposed by the applicant. The applicant is proposing to limit hookah service to the north (front) portion of the existing outdoor dining area, which will mitigate potential noise and odor impacts to the residences to the south. Given the location of the proposed hookah service area, it is unlikely that the addition of hookah service in conjunction with outdoor dining would be a nuisance to the surrounding residences. Additional Review The Building and Safety Division reviewed this project, and its comments are included in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: As stated, this matter was originally scheduled to be heard on September 28, 2021. Accordingly, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper on September 17, 2021. On September 15, 2021, public hearing notices were mailed to property owners within a 500 -foot radius of the subject property, and posted at the City’s designated community posting sites. For the rescheduled hearing, notification of the public hearing was published in the San Gabriel Valley Tribune on October 1, 2021. On September 30, 2021, public hearing notices were mailed to property owners within a 500-foot radius of the subject property, and posted at the City’s designated community posting sites. In addition, notices were mailed to property owners who submitted comments prior to the September 28, 2021, Planning Commission meeting. Public Comments Received Prior to the Planning Commission meeting on September 28, 2021, staff received one phone call and two emails from Diamond Bar residents and adjacent property owners stating their opposition to the Project. All written communications received were forwarded to the Commission and are attached to this report. The residents raised health concerns related to smoking tobacco. They also expressed concerns regarding 7.1 Packet Pg. 22 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 11 of 11 odor and smoke nuisances, decreased property values, and impacts on parking. Staff received no additional comments as of the publication date of this rep ort. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursu ant to the provisions of Article 19 Section 15301 (Existing Facilities) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2021-XX and Standard Conditions of Approval B. Site Plan and Floor Plan C. Written Comments Received 7.1 Packet Pg. 23 PLANNING COMMISSION RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING AN AMENDMENT TO MINOR CONDITIONAL USE PERMIT AND VARIANCE NO. PL2019-122 TO ALLOW HOOKAH SERVICE IN THE EXISTING 1,007 SQUARE-FOOT NORTH (FRONT) OUTDOOR DINING AREA AT AN EXISTING RESTAURANT (JASMINE GRILL) LOCATED AT 21130 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CA (APN 8763-006-022). A. RECITALS 1. Property owners, Anna and Gary Malkhasian, and applicant, MHD Marwan Almannini, have filed an application for an Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 to allow hookah service in the existing 1,007 square-foot portion of the outdoor dining area located along the north (front) side of an existing restaurant (Jasmine Grill). The project site is more specifically described as 21130 Golden Springs Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Amendment to the Minor Conditional Use Permit and Variance shall collectively be referred to as the “Project” or “Proposed Use.” 2. The subject property is comprised of a 0.83-acre parcel. It is located in the Community Commercial (C-2) zone with a General Plan land use designation of General Commercial. 3. The legal description of the subject property is Lot 2 of Parcel Map No. 4739 and the Assessor’s Parcel Number is 8763-006-022. 4. On September 17, 2021, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. On September 15, 2021, public hearing notices were mailed to property owners within a 500-foot radius of the Project site and posted at the City’s designated community pos ting sites. Due to technical difficulties at the September 28, 2021, Regular Planning Commission Meeting, the Planning Commission tabled the matter so that the hearing could be rescheduled and renoticed. 5. The Project was re-noticed for a public hearing on Wednesday, October 13, 2021. On October 1, 2021, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. On September 30, 2021, public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and posted at the City’s designated community posting sites. 7.1.a Packet Pg. 24 2 PC Resolution No. 2021-XX 6. On October 13, 2021, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The 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. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301 (Existing Facilities) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section s 22.54 and 22.56, this Planning Commission hereby finds and approves as follows: Minor Conditional Use Permit Review Findings (DBMC Section 22.56.040) 1. The Proposed Use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. Pursuant to DBMC Section 22.10 – Table 2-6, the outdoor dining area is permitted in the Community Commercial (C-2) zone with the approval of a Minor Conditional Use Permit. On December 10, 2019, the Planning Commission adopted Resolution No. 2019-20 approving a Variance to allow the reduction of the distance separation between the outdoor dining area and existing residential uses to 85 (where 200 feet is required) and a Minor Conditional Use Permit to allow outdoor dining at an existing restaurant. The applicant is proposing to serve hookah in the front (north) existing outdoor dining area in conjunction with dining service. As conditioned, the Proposed Use complies with all other applicable provisions of the Municipal Code. 2. The Proposed Use is consistent with the general plan and any applicable specific plan. 7.1.a Packet Pg. 25 3 PC Resolution No. 2021-XX The project site’s land use designation is General Commercial (C). According to the General Plan, this land use designation provides for regional, freeway - oriented, and/or community retail and service uses such as restaurants. The outdoor dining area at the restaurant is considered a service use and as such is consistent with the General Plan. The Proposed Use is consistent with General Plan Goal ED -G-3: (“Support the retention, rehabilitation, and/or expansion of existing businesses, and the attraction of new businesses”) in that the Proposed Use is a n accessory use to the restaurant and outdoor dining uses and is being proposed to be located in the north (front) outdoor dining area of the existing restaurant. The Project site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity. The Proposed Use will be located within the existing 1,007 square-foot north (front) outdoor dining area of the existing 3,871 square-foot restaurant. The north (front) existing outdoor dining area faces Golden Springs Drive and is situated away from single-family residences to the south. Furthermore, there will be no additional visual and privacy impacts generated from the existing outdoor dining area since there are existing block walls and dense landscaping at the rear of the property which provides screening for the single-family residential properties to the south. The existing outdoor dining area is clearly and physically defined by an existing decorative metal trellis and potted plants to complement the building exterior. Therefore, the physical appearance of the restaurant and the surrounding area will be compatible. Additionally, the operating characteristics will be compatible with the existing uses of the surrounding area. The existing restaurant operation are Wednesdays through Monday from 10:30 a.m. to 9:00 p.m. and closed on Tuesdays. There is no alcohol service provided, and the hookah service will be accessory to the primary restaurant use. The existing restaurant with outdoor dining complies with the City’s Development Code parking requirement. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with the surrounding neighborhood. 4. The subject site is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The Proposed Use is physically suitable within the subject site because it is an ancillary use and will be located in the existing outdoor dining area at the north (front) of the restaurant. The applicant is not proposing any additional square 7.1.a Packet Pg. 26 4 PC Resolution No. 2021-XX footage, expansion of outdoor dining area, and modifications to the building exterior. In addition, the Proposed Use will be using existing access and parking. The existing restaurant has 40 on-site parking spaces. The Proposed Use will not increase the number of required parking and is not expanding the use of the space. The Proposed Use is physically suitable at the subject site because it is being proposed in an existing restaurant’s existing outdoor dining area facing Golden Springs Drive and situated away from single-family residences to the south. The Proposed Use is ancillary to the primary restaurant use . Given the proposed hours of operation, parking supply, and the types of adjoining uses, it is reasonable to conclude that the Proposed Use will be compatible with the other uses in the neighborhood. 5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Prior to the issuance of any City permits, the Project is required to comply with all conditions of approval within the attached resolution, and the Building and Safety Division. 6. The proposed Project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed use is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301 (Existing Facilities) of the CEQA Guidelines. Variance Findings (DBMC Section 22.54.040) The Use is hereby determined to be ancillary to the existing outdoor dining area. As such, the Variance findings previously made under Resolution No. 2019-20 are unaffected by the Use, remain fully valid, and are incorporated he rein by reference. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves the Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 subject to the following conditions: 1. This approval is to allow the existing restaurant to provide hookah service in conjunction with outdoor dining in the existing 1,007 square-foot outdoor seating area at the north (front) side of the existing restaurant as described in the application and plans on file with the Planning Division, the Planning Commission staff report dated September 28, 2021, and the Planning Commission minutes pertaining thereto, hereafter referred to as the “Use.” 7.1.a Packet Pg. 27 5 PC Resolution No. 2021-XX 2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 3. This approval shall be valid only for 21130 Golden Springs Drive, as depicted on the approved plans on file with the Planning Division. If the Use expands or relocates, the approved Minor Conditional Use Permit shall terminate and a new Minor Conditional Use Permit, subject to Planning Commission approval shall be required for the expanded or new location. 4. If, at any time, the City finds that the Use is the cause of a parking deficiency, noise nuisance, odor nuisance, or other land use impact, within or beyond the subject property boundaries, the Community Development Director, after providing the entitlement holder a reasonable opportunity to mitigate the impact(s) to an acceptable level, may refer the matter back to the Planning Commission to consider amending or revoking this Minor Conditional Use Permit to address such impacts. 5. No changes to the approved scope of services comprising the use shall be permitted unless the applicant first applies for an amendment to this Minor Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission. 6. The restaurant shall maintain the existing hours of operation of Wednesday through Monday from 10:30 a.m. to 9:00 p.m., unless the applicant submits a written request to the Community Development Director (“Director”), specifying the revised hours proposed, and receives written approval from the Director. The Director shall reserve the discretion to refer the request to the Planning Commission, and require the payment of appropriate processing fees, if, in the opinion of the Director, the proposed expansion of hours has the potential to create a negative impact to the surrounding properties. 7. The hookah service shall be an accessory use to the restaurant and shall be located in the north (front) 1,007 square-foot outdoor dining area only. 8. Hookah service shall be permitted only when the kitchen is open and is accepting food orders for any patrons wishing to place such orders. 9. Hookah shall not be prepared in the food preparation areas. 10. The restaurant shall comply with all applicable state smoking laws and Fire and Building Code requirements. 11. The serving of alcohol, the playing of amplified music louder than 60 decibels, and entertainment of any kind is not part of this approval and shall be prohibited. 7.1.a Packet Pg. 28 6 PC Resolution No. 2021-XX 12. Loitering shall be prohibited. 13. The applicant shall remove all temporary signage and temporary canopy coverings once the COVID-19 Temporary Sign and Outdoor Dining Policy is terminated by the City Council. 14. The applicant shall be responsible for maintaining a litter-free area adjacent to the restaurant premises. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items, which constitute a nuisance to public health and safety. Outdoor dining areas shall contain waste receptacles for use by the public and/or restaurant employees. 15. All structures, including the umbrellas in the outdoor d ining area, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration shall be repaired or replaced as soon as possible. 16. Prior to the installation of decorative canopy coverings over the existing outdoor dining areas, the applicant shall first apply for and obtain a building permit from the Building and Safety Division. The decorative canopy covering material shall be fire-retardant, durable, and a color compatible with the existing bui lding and umbrellas. The canopy covering shall be maintained in good repair and functioning properly at all times. Repairs to canopy coverings shall be of equal or better in quality of materials and design as the original canopy covering. Canopy coverings which are not properly maintained and are dilapidated shall be deemed to be a public nuisance. 17. All landscaped areas, including the potted plants, shall be permanently maintained in a neat and orderly manner and free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements. 18. Lighting fixtures shall be architecturally compatible with the character of the structure and shall be energy efficient. Fixtures shall be appropriate in height, intensity, and scale to the restaurant use [Diamond Bar Municipal Code (DBMC) Section 22.16.050(a)]. Building-mounted decorative lights shall not exceed five footcandles measured five feet from the light source [DBMC Section 22.16.050(b)]. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to the property owners, Anna and Gary Malkhasian, 11534 Dellmont Drive, Tujunga, CA 91042; and applicant, MHD Marwan Almannini, 21130 Golden Springs Drive, Diamond Bar, CA 91789. 7.1.a Packet Pg. 29 7 PC Resolution No. 2021-XX APPROVED AND ADOPTED THIS 13TH 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 special meeting of the Planning Commission held on the 13th day of October, 2021, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ___________________________ Greg Gubman, Secretary 7.1.a Packet Pg. 30 8 PC Resolution No. 2021-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 SUBJECT: To allow hookah service in the existing 1,007 square -foot north (front) outdoor dining area at the existing restaurant (Jasmine Grill) PROPERTY Anna and Gary Malkhasian OWNER(S): 11534 Dellmont Drive Tujunga, CA 91042 APPLICANT: MHD Marwan Almannini 21130 Golden Springs Drive Diamond Bar, CA 91789 LOCATION: 21130 Golden Springs Drive Diamond Bar, CA 91789 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. The applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void, or annul the approval of Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 7.1.a Packet Pg. 31 9 PC Resolution No. 2021-XX (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorney fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees. 3. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. To ensure compliance with all conditions of approval and applicable codes, the Minor Conditional Use Permit shall be subject to perio dic review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Minor Conditional Use Permit. The Commission may revoke or modify the Minor Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established 7.1.a Packet Pg. 32 10 PC Resolution No. 2021-XX rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of the Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 shall expire within one (1) year from the date of approval if the use has not been exercised as defined per DBMC Section 22.66.050 (b)(1). The applicant may request in writing a one-year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The ADA paths of travel shall be maintained at all times with at least 44-inch clear aisle width and 48-inch ADA walkways and exit paths. 2. The applicant shall remove the unpermitted tarp covering from the decorative metal trellis structure in the outdoor dining areas. If the applicant chooses to add a decorative canopy covering over the existing outdoor dining areas, the decorative canopy covering material shall be fire-retardant, durable, and a color compatible with the existing building and umbrellas. The addition of a decorative canopy covering over the exi sting outdoor dining areas shall be permitted through the Building and Safety Division. The applicant shall submit verification from a licensed architect or engineer certifying that the decorative metal trellis is safe for the added load and seating below. 3. Any electrical work or construction shall be permitted through the Building and Safety Division. All work shall be in conformance to the latest California Building Code series in effect at the time of application submittal. END 7.1.a Packet Pg. 33 Existing ADA-compliant walkway to remain Existing Heavy Planters to remain Existing Planters to remain Existing Trellis/ railing to remain Existing Umbrellas to remain Hookah Preparation Area Hookah Serving Area See attached pictures for the purchased Furnitures and lightings Existing Outdoor side Area (No Hookah) Existing ADA Ramp to remain Existing ADA Ramp to remain 24'-0"53'-0"12'-0"15'-0"5'-0"84'-0"5'-6"29'-6"12'-0" 7.1.b Packet Pg. 34 Proposed Hookah Service outdoor Area 7.1.b Packet Pg. 35 7.1.cPacket Pg. 36 7.1.cPacket Pg. 37 7.1.cPacket Pg. 38 7.1.cPacket Pg. 39 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.2 MEETING DATE: October 13, 2021 CASE/FILE NUMBER: Diamond Bar 2021-2029 Housing Element Update (Planning Case No. PL2021-004) PROJECT LOCATION: Citywide APPLICANT/LEAD AGENCY: City of Diamond Bar Community Development Department RECOMMENDED ACTIONS: 1. Receive staff report 2. Receive public comments 3. Adopt Resolution recommending City Council adoption of the 2021-2029 Housing Element update. SUMMARY: On January 26, 2021, the Planning Commission and City Council conducted a joint workshop to initiate the process of updating the Housing Element of the Diamond Bar General Plan for the 2021-2029 planning period as required by State law. Additional public meetings were held by the Planning Commis sion on March 23rd and by the City Council on April 6th of this year. 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. A draft Housing Element was reviewed by the Planning Commission, City Council and interested stakeholders, and was submitted to the California Department of Housing and Community Development (“HCD”) for review as required by State law. On June 3, 2021, HCD issued a review letter (Attachment 2) finding that the draft element addressed many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law. CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.2 Packet Pg. 40 Diamond Bar 2021-2029 Housing Element Update (Planning Case No. PL2021-004) Page 2 of 8 To address HCD’s comments, City staff has prepared a revised draft Housing Element (Attachment 3) for review by the Planning Commission and community stakeholders. Staff recommends that the Commission consider HCD’s comments, staff’s proposed revisions to the draft Housing Element, and stakeholder comments, and adopt a Resolution (Attachment 1) recommending that the City Council adopt the revised draft Housing Element. After this Planning Commission hearing, staff will prepare a final draft Housing Element for review by the City Council at a public hearing. Following City Council adoption, the Housing Element must be submitted to HCD for a second review. As described below, the draft Housing Element includes several programs calling for amendments to the Development Code or other land use regulations. Those amendments will be subject to a subsequent review process including public hearings held by the Planning Commission and City Council. Adoption of the Housing Element would not change any current City regulations. ANALYSIS: Housing Element Content 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 (Appendix B); and • A description of opportunities for stakeholders to participate in the preparation of the Housing Element (Appendix C) Key Issues 7.2 Packet Pg. 41 Diamond Bar 2021-2029 Housing Element Update (Planning Case No. PL2021-004) Page 3 of 8 Generally, the most significant issues to 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 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 of the Housing Element includes the following programs to ensure compliance with recent changes to 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 homeles s 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 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 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. On March 4, 2021 SCAG adopted the fina l 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 7.2 Packet Pg. 42 Diamond Bar 2021-2029 Housing Element Update (Planning Case No. PL2021-004) Page 4 of 8 844 434 437 806 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, but some provisions of State law establish specific requirements when housing production falls short of RHNA allocations. One such requirement is streamlined review and approval of housing development applications that meet specific standards.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 provide 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. 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, adopted in 2019, estimates that up to 3,750 new housing units could be built in the City by 2040, depending on market conditions. I t 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. The City will be updating the Development Code to revi se land use regulations for these Focus Areas consistent with the standards established in the new General Plan. Program H-8 in Section 9.5 of the Housing Element describes 1 California Government Code Sec. 65913.4 (SB 35 of 2017) 7.2 Packet Pg. 43 Diamond Bar 2021-2029 Housing Element Update (Planning Case No. PL2021-004) Page 5 of 8 actions the City intends to take to complete the required zoning amendments in compliance with State law. 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 modi fications 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.” Pursuant to CEQA Guidelines Section 15164 the City has prepared an Addendum to the General Plan EIR (Attachment 4). The EIR Addendum 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: 7.2 Packet Pg. 44 Diamond Bar 2021-2029 Housing Element Update (Planning Case No. PL2021-004) Page 6 of 8 Public participation is a required component of the Housing Element update process, and residents and other interested stakeholders were provided numerous opportunities to offer comments and recommendations. Early in the update process a Housing Element web 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 City’s website. 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 a nd 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 Attachments 6 through 9. 7.2 Packet Pg. 45 Diamond Bar 2021-2029 Housing Element Update (Planning Case No. PL2021-004) Page 7 of 8 NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on October 1, 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 m ay 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. NEXT STEPS: Cities are required to submit draft Housing Elements to HCD for review, and must also address HCD comments prior to City Council adoption of the Housing Element. Exhibit A of the draft Planning Commission Resolution includes a summary of HCD’s comments and how the City has addressed those comments. The revised draft Housing Element shows changes that have been incorporated into the Housing Element to address HCD’s comments. Following City Council adoption, the Housing Element must be submitted to HCD for a second review. 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. The most significant program actions, such as revisions to the Development Code and/or preparation of specific plans for General Plan focus areas, must be completed within three years after Housing Element adoption. Code amendments needed to reconcile City regulations with recent changes to State law must be completed within one year. Those future amendments to City regulati ons will include a separate public review process, including CEQA analysis and public hearings by the Planning Commission and City Council. PREPARED BY: REVIEWED BY: Attachments: 7.2 Packet Pg. 46 Diamond Bar 2021-2029 Housing Element Update (Planning Case No. PL2021-004) Page 8 of 8 A. Draft PC Resolution No. 2021-XX B. HCD Review Letter Dated June 3, 2021 C. Revised Draft 2021-2029 Housing Element D. HCD Comments and Responses E. EIR Addendum F. Letter from Abundant Housing LA Dated October 23, 2020 G. Letter from LA County Sanitation District Dated January 26, 2021 H. Letter Received from Responsible Land Use Dated March 23, 2021 I. Letter from Gabrieleno Band of Mission Indians Kizh Nation Dated September 24, 2021 7.2 Packet Pg. 47 Housing Element 2021-2029 1 PLANNING COMMISSION RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPT THE 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. 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. 6. On June 3, 2021, HCD issue a letter finding that the draft element addresses many statutory requirements; however, revisio ns will be necessary to comply with State Housing Element Law. 7. On October 13, 2021, the Planning Commission held 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. 7.2.a Packet Pg. 48 Housing Element 2021-2029 2 8. 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 Section 15164 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 October 13, 2021, Planning Commission Staff Report and incorporated herein by reference. 9. The 2040 General Plan remains properly integrated and internally consistent as required by California Government Code Section 65300.5. 10. Pursuant to Government Code Sections 65090 and 65353, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper on October 1, 2021, in a legal advertisement. Also, three other public places were posted. 11. All legal prerequisites to the adoption of this resolution have occurred. B. RESOLUTION. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Diamond Bar, as follows: 1. The 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. The Planning Commission 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 Planning Commission, after due consideration of public testimony, HCD comments, staff analysis and the Commission's deliberations, determines that the 2021-2029 Housing Element, as revised to address HCD’s comments as summarized in Exhibit "A" of this Resolution, implements the goals of the City and satisfies all of the requirements of State law. 4. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment Planning Case No. PL2021-004 for the Diamond Bar 2021-2029 Housing Element update, attached hereto as Exhibit “B” and incorporated herein by reference. 7.2.a Packet Pg. 49 Housing Element 2021-2029 3 5. The Planning Commission finds and determines that General Plan Amendment Planning Case No. PL2021-004 is consistent and compatible with and implements the goals, objectives and strategies of the City of Diamond Bar 2040 General Plan. The Secretary of the Planning Commission shall: (a) Certify as to the adoption of this Resolution; and (b) Transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. PASSED, APPROVED AND ADOPTED THIS 13th DAY OF OCTOBER, 2021, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: _____________________________ William Rawlings, Chairman I, Greg Gubman, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 13th day of October, 2021, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAINED: COMMISSIONERS: ATTEST: _______________________________ Greg Gubman, Secretary 7.2.a Packet Pg. 50 Housing Element 2021-2029 4 EXHIBIT “A” 2021-2029 DIAMOND BAR HOUSING ELEMENT 7.2.a Packet Pg. 51 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 7.2.b Packet Pg. 52 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 7.2.b Packet Pg. 53 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 7.2.b Packet Pg. 54 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. 7.2.b Packet Pg. 55 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 7.2.b Packet Pg. 56 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. 7.2.b Packet Pg. 57 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 7.2.b Packet Pg. 58 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 7.2.b Packet Pg. 59 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 7.2.b Packet Pg. 60 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: 7.2.b Packet Pg. 61 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. 7.2.b Packet Pg. 62 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. 7.2.b Packet Pg. 63 1 9.0 HOUSING ELEMENT 2021 -2029 REVISED DRAFT October 2021 9.0 7.2.c Packet Pg. 64 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 ...................................................................................................... 9-59 Goals and Policies ................................................................................................................ 9-59 Housing Programs ................................................................................................................ 9-61 Appendix A – Evaluation of the Prior Housing Element Appendix B – Residential Sites Inventory Appendix C – Public Participation Summary 7.2.c Packet Pg. 66 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 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 ................................................... 9-72 List of Figures Figure 9-1 Regional Location, Diamond Bar ............................................................................. 9-2 Figure 9-2 Seismic Hazard Zones ............................................................................................... 9-55 Figure 9-3 Fire Hazard Zones ...................................................................................................... 9-56 7.2.c Packet Pg. 67 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. 7.2.c Packet Pg. 68 9-2 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-1 Regional Location, Diamond Bar 7.2.c Packet Pg. 69 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. 7.2.c Packet Pg. 70 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%. 7.2.c Packet Pg. 71 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 7.2.c Packet Pg. 72 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). 7.2.c Packet Pg. 73 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 7.2.c Packet Pg. 74 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). 7.2.c Packet Pg. 75 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 7.2.c Packet Pg. 76 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- 7.2.c Packet Pg. 77 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 Services with 3,894 employees (14.3% of total). 7.2.c Packet Pg. 78 9-12 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table 9-12: Employment by Industry, Diamond Bar 7.2.c Packet Pg. 79 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). 7.2.c Packet Pg. 80 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 7.2.c Packet Pg. 81 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 7.2.c Packet Pg. 82 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, 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 7.2.c Packet Pg. 83 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 Develo pmental 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 7.2.c Packet Pg. 84 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, 7.2.c Packet Pg. 85 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). 7.2.c Packet Pg. 86 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 7.2.c Packet Pg. 87 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). 7.2.c Packet Pg. 88 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- 7.2.c Packet Pg. 89 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 7.2.c Packet Pg. 90 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 7.2.c Packet Pg. 91 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. 7.2.c Packet Pg. 92 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 7.2.c Packet Pg. 93 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 7.2.c Packet Pg. 94 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. 7.2.c Packet Pg. 95 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 7.2.c Packet Pg. 96 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= 7.2.c Packet Pg. 97 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 7.2.c Packet Pg. 98 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 7.2.c Packet Pg. 99 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 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 7.2.c Packet Pg. 100 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. 7.2.c Packet Pg. 101 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 7.2.c Packet Pg. 102 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. 7.2.c Packet Pg. 103 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. 7.2.c Packet Pg. 104 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 7.2.c Packet Pg. 105 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 7.2.c Packet Pg. 106 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 7.2.c Packet Pg. 107 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) and will minimize the effect of required parking as a constraint on the production of affordable housing. 7.2.c Packet Pg. 108 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 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 7.2.c Packet Pg. 109 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-43 9.0 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 7.2.c Packet Pg. 110 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. 7.2.c Packet Pg. 111 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. 7.2.c Packet Pg. 112 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. 7.2.c Packet Pg. 113 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. 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 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 City periodically evaluates the actual 7.2.c Packet Pg. 114 9-48 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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 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 dev eloper 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 7.2.c Packet Pg. 115 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-49 9.0 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. 7.2.c Packet Pg. 116 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. 7.2.c Packet Pg. 117 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 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 7.2.c Packet Pg. 118 9-52 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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. Notices prior to each meeting were sent directly to persons and organizations with expertise in affordable housing and supportive services. 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 provided opportunities for interested persons to participate in public meetings remotely, which made it possible for those with disabilities limiting their travel to participate and comment on the Housing Element regardless of their ability to attend the meetings. 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%. Persons with disabilities. The incidence of disabilities is relatively low in most parts of Diamond Bar. As shown in Figure 9-6, the percentage of residents reporting a disability is less than 10% in the majority of the city, while the 7.2.c Packet Pg. 119 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-53 9.0 disability rate is 10% to 20% in the northern portion of the city. 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 9-7), 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 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 7.2.c Packet Pg. 120 9-54 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 • 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. 7.2.c Packet Pg. 121 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-55 9.0 Figure 9-2 Seismic Hazard Zones 7.2.c Packet Pg. 122 9-56 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-3 Fire Hazard Zones 7.2.c Packet Pg. 123 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-57 9.0 Figure 9-4 Racial Demographics Figure 9-5 Poverty Status 7.2.c Packet Pg. 124 9-58 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-6 Disability Status Figure 9-7 TCAC/HCD Opportunity Map 7.2.c Packet Pg. 125 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-59 9.0 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. 7.2.c Packet Pg. 126 9-60 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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. 7.2.c Packet Pg. 127 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-61 9.0 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. 7.2.c Packet Pg. 128 9-62 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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 7.2.c Packet Pg. 129 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-63 9.0 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. Program H -6. First -Time Homebu yer Assistance Programs Los Angeles County offers a first-time homebuyer assistance program and Mortgage Credit Certificates. To be eligible, families must meet the specified 7.2.c Packet Pg. 130 9-64 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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 Hous ing 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 7.2.c Packet Pg. 131 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-65 9.0 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 applicationsIt 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. Responsible agency: Community Development Department Timeline: Continuously throughout the planning period Provide Adequate Sites to Accommodate the City’s Share of Regional Housing Need 7.2.c Packet Pg. 132 9-66 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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. 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. 7.2.c Packet Pg. 133 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-67 9.0 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 7.2.c Packet Pg. 134 9-68 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 • 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. 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, including non-residential zones permitting multi-family uses, if the proposed housing development meets specified criteria. 7.2.c Packet Pg. 135 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-69 9.0 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 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 7.2.c Packet Pg. 136 9-70 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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: • Ensure that all development applications are considered, reviewed, and approved without prejudice to the proposed residents, 7.2.c Packet Pg. 137 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-71 9.0 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 7.2.c Packet Pg. 138 9-72 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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 7.2.c Packet Pg. 139 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-73 9.0 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. 7.2.c Packet Pg. 140 9-74 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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 appropriate for mixed-use Ongoing In December 2019, the City adopted the Comprehensive General Plan Update that created community visions and blueprint for growth and development in the City through 7.2.c Packet Pg. 141 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-75 9.0 Housing Program Program Objectives Timeframe Implementation Status and Future Actions development will be initiated by 2015 as part of a comprehensive General Plan update. 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. 7.2.c Packet Pg. 142 9-76 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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) 7.2.c Packet Pg. 143 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-77 9.0 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 7.2.c Packet Pg. 144 9-78 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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. 7.2.c Packet Pg. 145 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-79 9.0 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 7.2.c Packet Pg. 146 9-80 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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 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. 7.2.c Packet Pg. 147 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-81 9.0 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 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 7.2.c Packet Pg. 148 9-82 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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 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 7.2.c Packet Pg. 149 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-83 9.0 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 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 7.2.c Packet Pg. 150 9-84 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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 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 77 718 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 7.2.c Packet Pg. 151 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-85 9.0 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 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 7.2.c Packet Pg. 152 9-86 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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 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 12 761 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 7.2.c Packet Pg. 153 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-87 9.0 Figure B-1 Sites Inventory Map 7.2.c Packet Pg. 154 9-88 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 7.2.c Packet Pg. 155 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-89 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 7.2.c Packet Pg. 156 9-90 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 7.2.c Packet Pg. 157 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-91 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) 7.2.c Packet Pg. 158 9-92 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 3, 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 7.2.c Packet Pg. 159 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-93 9.0 Figure C-1 Housing Element FAQ 7.2.c Packet Pg. 160 9-94 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.c Packet Pg. 161 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-95 9.0 7.2.c Packet Pg. 162 9-96 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.c Packet Pg. 163 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-97 9.0 7.2.c Packet Pg. 164 9-98 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.c Packet Pg. 165 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-99 9.0 7.2.c Packet Pg. 166 9-100 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 7.2.c Packet Pg. 167 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-101 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 7.2.c Packet Pg. 168 9-102 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 7.2.c Packet Pg. 169 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-103 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 7.2.c Packet Pg. 170 9-104 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. 7.2.c Packet Pg. 171 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-105 9.0 Appendix D Contributing Factors to Fair Housing Issues 7.2.c Packet Pg. 172 9-106 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.c Packet Pg. 173 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-107 9.0 7.2.c Packet Pg. 174 9-108 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.c Packet Pg. 175 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-109 9.0 7.2.c Packet Pg. 176 9-110 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.c Packet Pg. 177 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-111 9.0 7.2.c Packet Pg. 178 9-112 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.c Packet Pg. 179 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-113 9.0 7.2.c Packet Pg. 180 9-114 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.c Packet Pg. 181 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-115 9.0 7.2.c Packet Pg. 182 9-116 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.c Packet Pg. 183 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-117 9.0 7.2.c Packet Pg. 184 -1- HCD 6th Housing Element Comments and Responses City of Diamond Bar October 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. 7.2.d Packet Pg. 185 -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. 7.2.d Packet Pg. 186 -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. 7.2.d Packet Pg. 187 -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 7.2.d Packet Pg. 188 -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. 7.2.d Packet Pg. 189 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) 7.2.e Packet Pg. 190 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 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 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. 7.2.e Packet Pg. 191 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. 7.2.e Packet Pg. 192 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. 7.2.e Packet Pg. 193 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 7.2.f Packet Pg. 194 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 7.2.f Packet Pg. 195 ●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 7.2.f Packet Pg. 196 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 7.2.f Packet Pg. 197 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 7.2.f Packet Pg. 198 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 7.2.f Packet Pg. 199 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 7.2.f Packet Pg. 200 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. 7.2.g Packet Pg. 201 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 7.2.g Packet Pg. 202 7.2.h Packet Pg. 203 7.2.h Packet Pg. 204 7.2.h Packet Pg. 205 7.2.h Packet Pg. 206 7.2.h Packet Pg. 207 7.2.h Packet Pg. 208 7.2.h Packet Pg. 209 7.2.h Packet Pg. 210 7.2.h Packet Pg. 211 7.2.h Packet Pg. 212 7.2.h Packet Pg. 213 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 7.2.i Packet Pg. 214 Project Status Report CITY OF DIAMOND BAR October 13, 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 10/13/21 CC 10/19/21 PC 10/26/21 CC 11/2/21 PC 11/09/21 CC 11/16/21 21130 Golden Springs Dr. (MCUP and Variance Amendment for hookah service) Amendment to MCUP and Variance PL2019-122 JT MHD Marwan Almannini PH Housing Element 2021-2029 Update GL/ GG City of Diamond Bar PH PH 2631 Rocky Trail Rd. (Addition and remodel to single family residence) DR, MCUP PL2021-22 GL Katy Liu PH DCA Family Day Care Homes (SB 234) PL2021-70 MN City of Diamond Bar PH 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 First incomplete letter sent 8/12/21 – waiting for additional information 1198 Chisolm Trail Dr. (New single-family residence) DR PL2021-51 JT 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/ JT 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 9.1 Packet Pg. 215 Project Status Report CITY OF DIAMOND BAR Page 2 October 13, 2021 COMMUNITY DEVELOPMENT DEPARTMENT PENDING ITEMS (continued) Property Location File # AP Applicant Status 2432 Indian Creek Rd. (New single-family residence) Time Extension for DR PL2018-226 MN Mei Lan Liang and Jimmy Liang Under review 22909 Lazy Trail Rd. (Addition and remodel to single family residence) DR, MCUP PL2021-05 JT Walt Petroske Second incomplete letter sent 9/8/21 – waiting for additional information 23121 Ridge Line Rd. (New single family residence) DR PL2020-31 NTE/ 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. 216 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 7, 2021, 1 posted the October 13, 2021, Planning Commission Agenda — Special Meeting, 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.diamondbarca.gov Due to COVID-19 closures, the agenda could not be posted at the following regular posting locations: Diamond Bar Library Executed on October 7, 2021, at Diamond Bar, California. Stella Marquez Community Deve rent Dept. g1\stiff devityostins.dac � P: (626) 381-9248 ® 139 South Hudson Avenue F: (626) 389-5414 Mitchell M. Tsai Suite 200 E: info@n itchtsailaw.com Attorney At Law 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: nlanninendiamondbarca.eov commdevna,diamondbaxca.gov RE: City of Diamond Bar Special Meeting Agenda Item 7 2: Diamond Bar 2021-2029 Housing Element Update Dear Chairman Rawlings, Vice Chair Gaxg, 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 5 65009(b); Cal. Pub, Res. Code § 21177(a); Bakersfield Citi-Zens City of Diamond Bat — 2021-2029 Housing Element Update October 11, 2021 Page 2 of 5 for Local Control v. Bakersfield (2004) 124 Cal. App, 4th HK 1199-1203; see Galante Vineyards v. Monterey Water Dist. (1997) 60 Cal. App. 4th 1109, 1121. Commenters expressly reserve the right to supplement these continents at or prior to hearings on the Project, and at any later hearings and proceedings related to this Project. Cal. Gov, Code 5 65009(b); Cal, Pub. Res. Code 5 21177(a); Bakersfield Cili.�ens for Local Control v. Bakersfield (2004) 124 Cal. App, 4th 1184, 1199-1203; see Galante Vineyards P. 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 Eneigy 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") 5 21000 et seg, 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(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 spilled 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-d-le-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 lire provisions requiring that a certain percentage of workers reside within 10 miles or less of a project site can reduce the 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 lure 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 S. 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.' 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 spilled and trained workforce with a local hire component" can result in air pollutant reductions.2 � California workforce Development Board (2020) Putting Califonda on the I-Iigh Road:. Jobs and Climate fiction Plan fox 2030 at p. ii, available a! httos //labmcenter bexkele�edu/wp content/uploads/2020 /09/Putting-California- on-the-High-Road.12df s 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 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.` 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, ...` 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.' In addition, local lure 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 VNIT reductions since the skill requirements of available local jobs must be matched to those held by local residents.' Some municipalities have tied local hire and skilled and trained Supporting Budget Actions, avai/able at htto //www ac�md�eo� /does/default-source/Agendas/Govemine- Boaxd/2021 /2021-\Qay7-027 pdflsfvrsn=l0 } City of Hayward (2014) Hayward 2040 General Plan Policy Document at p. 3-99, available at https� / /www.hg CA.govZsites ZdefaultZ files /documents Z Qencral Plan FINALndf. a City of Hayward (2019) Ha;nvard Downtown Specific Plan at p. 5-24, auailable at httos/ /wunv ha;nvard- ca,gov/sites/default/files/Ha3mard%20Downtown%2OSpecific%20Plan pdf. City of Hayward Municipal Code, Chapter 10, § 28.53.020(C). Califonila Planning Roundtable (2008) Deconstructing Jobs -Housing Balance at p. 6, available at � Cervero, Robert and Duncan, Michael (2006) Wlilch Reduces Vehicle Travel More: Jobs -Housing Balance or Reta - Housing Mixing? Journal of the American Planning Association 72 (4), 475-4905 482, availab/e at htto //reconnectingamerica OrgLasscts/Uploads/UTCT-825 pdf. 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, G' ��O 6z Mitchell M. Tsai Attorneys fox Southwest Regional Council of Carpenters Attached: March 8, 2021 SWAPS 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 (ExhibitB); and Air Quality and GHG Expert Matt Hagemann CV (Exhibit C). EXHIBIT A Technical Consultation, Data Analysts and Litigation Support for the Environment 2656 29`h 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. V4,caz1{et T tips and �z•eerzktatzse has Calczllations The California Emissions Estimator Model ("CaIEEMod") 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 CaIEEMod 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.' The number, length, and vehicle class of worker trips are utilized by CaIEEMod to calculate emissions associated with the on -road vehicle trips required to transport workers to and from the Project site during construction.3 "'California Emissions Estimator Model." CAPCOA, 2017, available at: http://www.agmd.gov/caleemod/home. Z "California Emissions Estimator Model." CAPCOA, 2017, available at: http://www.agmd.gov/caleemod/home. 3 "CaIEEMod User's Guide" CAPCOA, November 2017, available at: http://www.agmd.gov/docs/default- source/caleemodZO1 user-39-s-auide2016-3-2 15november2017.pdf?sfvrsn=4, p. 34. 1 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, CaIEEMod calculates the vehicle exhaust, evaporative, and dust emissions resulting from construction -related VMT, including personal vehicles for worker commuting' Specifically, in order to calculate VMT, CalEEMod multiplies the average daily trip rate by the average overall trip length (see excerpt below): "VMTd = E(Average Daily Trip Rate ; *Average Overall Trip Length ;) n Where: n = Number of land uses being modeled."s Furthermore, to calculate the on road emissions associated with worker trips, CaIEEMod utilizes the following equation (see excerpt below): "EmissionsP"u�ta"t =VMT * EF�„�,,;„g,Pon"ca"� Where: EmissionsP"n"ca�� =emissions from vehicle running for each pollutant VMT =vehicle miles traveled EF,""omg,Pon"cam =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. l�erautt iAlorker Trj�s D�ralr�etc;rsPc�tenti�l I i-�1re F?egtairements 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.' 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. CaIEEMod 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 evidences The default number of construction -related worker trips is calculated by multiplying the ° "Appendix A Calculation Details for CaIEEMod." CAPCOA, October 2017, available at: http/lwww aomd Rov/dots/default- source/caleemod/02 appendix-a2016-3-2 pdf?sfvrsn=6 p. 14-15. S "Appendix A Calculation Details for CalEEMod." CAPCOA, October 2017, available at: http://www agmd gov/docs/default- source/caleemod/02 appendix-a2o16-3-2 pdf?sfvrsn=6 p. 23. 6 "Appendix A Calculation Details for CalEEMod." CAPCOA, October 2017, available at: htto://www.aqmd.govldocs/default- source/caleemodZ02 appendix-a2016-3-2 pdf?sfvrsn=6 p. 15. 1 'CaIEEMod User's Guide." CAPCOA, November 2017, available at: htti)://www.aqmd.gov/docs/default- source/caleemodJ01 user-39-s-auide2016-3-2 15november20l7 pdf?sfvrsn=4, p. 34. s CaIEEMod User Guide, available at: http://www,caleemod.com/ p. 1, 9. 2 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,' 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." The operational home -to -work vehicle trip lengths are: "(Bjased 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 CaIEEMod default rural and urban worker trip lengths by air basin (see excerpt below and Attachment A)." 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 s "CaIEEMod User's Guide." CAPCOA, November 2017, available ot: http//www agmd aov/does/default- source/caleemod/01 user-39-s-�uide2016-3-2 15november2017.pdf?sfvrsn=4, p. 34. 10 "Appendix A Calculation Details for CaIEEMod." CAPCOA, October 2017, available at: http://www.agmd,gov/docs/default-source/"caleemod/`02 appendix-a20l6-3-2pdf?sfvrsn=6 p. 15. �' "Appendix A Calculation Details for CaIEEMod." CAPCOA, October 2017, available at: http7//"`www.aqmd.gov/`docs/default-source/caleemod/02 appendix-a2016-3-2 pdf?sfvrsn=6, p. 14. 12 "Appendix A Calculation Details for CaIEEMod." CAPCOA, October 2017, available at: httl)://www.agmd.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: http7//WWW.aqmd.gov/docs/`default- source/caleemod/05 appendix-d2016-3-2 pdf?sfvrsn=4 p. D-84-D-86. 3 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. € Tactical Applicatmn 0i a Local fire Requixernentano. sstrcia ed ltss)�act 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.' 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 Amortized Construction GHG Emissions (MT CO2e) (MT CO2e/year) 31623 120,77 With Local Hire Provision Total Construction GHG Emissions (MT CO2e) Amortized Construction GHG Emissions (MT CO2e/year) % Decrease in Construction -related GHG Emissions 31024 100,80 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. '" "Appendix D Default Data Tables" CAPCOA, October 2017, available at: http//www apmd gov/dots/default- source/caleemod/06 appendix-d2016-3-2 pdf�sfvrsn=4 p. D-85. 4 Di claimer 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, �ZA( 2,Vvx -uc — — Matt Hagemann, P.G., C.Hg. («« ( IQ, C Paul E. Rosenfeld, Ph.D. EXHIBIT B ®® Technical Consultation, Data Analysts and r Litigation Support for the Environment 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: nrosenfeld6itswane.com 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 envirommental 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. Paul E. Rosenfeld, Ph.D. Page 1 of 10 tune zu 1 y Professional Histom.. Soil Water Air Protection Enterprise (SWAPE); 2003 to present; Principal and Foun Rg 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 Cotrununity Burden After Oil Refinery Fires, Richmond, California 2007 and 2012. Environmental Health. 18:48 Simons, R.A., See, 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 Iflasle. 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. Paul E. Rosenfeld, Ph.D. Page 2 of 10 rune w i> 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 LH. (2004), Control of Compost Odor Using High Carbon Wood Ash. Water Science and Technology. 49(9),17 l A 78. 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 (iFEFTEC) 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. Paul E. Rosenfeld, Ph.D. Page 3 of 10 aurae wiz 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 Nemork, 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). Atazine: 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 XVIL Proceedings of the Seventeenth International Conference on Modeling, Monitoring and Management ofAir 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 23''d Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA, Paul E, Rosenfeld, Ph.D. Page 4 of ]0 June 2019 Rosenfeld, P. E. (October 15-18, 2007). Somerville Community Exposure To Contaminants From Wood Treatment Facility Emissions. The 23"' Annual International Conferences an 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 Ilealth and Sciences (AEHS) Annual Meeting. Lecture conducted from San Diego, CA. Rosenfeld P. E. (March 2007). Blood and Attic Sampling for Dioxin/Furan5 PAH, and Metal Exposure in Florala, Alabama. The AEHSAnnual 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.7.J. (November 4-8, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility, APHA 134 Annual A4eeting & 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 higestion, 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. PENlA 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, Marma Del Ray, California. Paul Rosenfeld Ph.D. (June 7-8, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals. b�ternational Society of Envtonmental Forensics: Focus On Emerging Contaminants. Lecture conducted from Sheraton Oceanfront Hotel, Virginia Beach, Virginia. Paul Rosenfeld Ph.D. (July 21-22, 2005). Pate Transport, Persistence and Toxicology of PFOA and Related Perfluorochemicals. 2005 National Groundwater Association Ground Water And Envionmental Law Cmaference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland, Paul Rosenfeld Ph.D. (July 21-22, 2005). Brominated Plane Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation. 2005 Natiotal Groundwater A.rsocfation Gtound Watw• mid 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. Envirotatnen[al 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. Paul E. Rosenfeld, P1n.D. Page 5 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 Bioremediatimn 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 121h 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 ofAnnerica. 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. Paul E. Rosenfeld, Ph,D. Page 6 of 10 rune w r y Rosenfeld, P.E, C.L. Hemy, 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 Prom Three Different Biosolids Applied to Forest Soil. Soil Science Society of Atnerica. 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 Coarse in Same 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 fi'om 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 Paul E. Rosenfeld, Ph.D. Page 7 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 ofTexas 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 EI 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, 112" Judicial District Phillip Bales et al., Plaintiff vs. Dow Agrosciences, LLC, et al., Defendants Cause No 1923 Rosenfeld Deposition, I I-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, 1 I-20-2017 Iu 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. Oi9-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 Penmy 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. Mentor Inc, et al, Defendants Case Number: 4:16-cv-52-DMB4VM Rosenfeld Deposition: July 2017 Paul E. Rosenfeld, Ph.D, Page 8 of 10 .rune w r y 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 Corot 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 NO. 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 1711 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 Paul E. Rosenfeld, Ph.D, Page 9 of IO rune wiy 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 at., 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: 1 0-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 Paul E. Rosenfeld, Ph.D. Page 10 of 10 aurae ��, 7 EXHIBIT C ;pgTechnical Consultation, Data Analysis and 41PAPE Litigation Support for the Environment Matthew F. Hagemann, P.G., C.Hg., QSD, QSP 16405 St.., Suite 204 Santa Santa Monica, California 90401 Tel: (949) 887-9013 Email: mhagemann@swape.com 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/W ater/Air Protection Enterprise (SWAPE) (2003 —present); • Geology Instructor, Golden West College, 2010 — 2014; • Senior Environmental Analyst, Komex H2O Science, Inc. (2000 -- 2003); • 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 Regulator 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. 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. • 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, Hydrogeolosv: 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. Reviewed a number of Environmental Impact Statements for planned major developments, ncluding large hazardous and solid waste disposal facilities, mine reclamation, and water transfer. Matt served as a hydrogeologist with the RCRA Iazardous Waste program. Duties were as follows: • Supervised the hydrogeologic investigation of hazardous waste sites to determine compliance with Subtitle C requirements. • Reviewed and wrote "part B" 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, Policv: 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 EPA's 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. Geolo¢v: With the U.S. Forest Service, Matt led investigations to determine hilislope 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 (latex 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. Teachine: 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 TAT College in Huntington Beach, California from 2010 to 2014. Invited Testimony Re r�oxts Pa�exs 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. 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 n 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 n 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. 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 VanMcower ik, M., 1999. Potential W a t e r 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. GroundwaterCharacterization and Cleanup at Closing Military Bases n 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. 0 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.