HomeMy WebLinkAbout10/25/2022PLANNING COMMISSION AGENDA
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Tuesday, October 25, 2022
6:30 PM
Diamond Bar City Hall – Windmill Community Room
21810 Copley Drive, Diamond Bar, CA 91765
PUBLIC ADVISORY:
Consistent with State Assembly Bill 361, members of the Planning Commission may be present
or participate telephonically. Members of the public are encouraged to participate and address
the Planning Commission during the public comment portion of the meeti ng either in person or
via teleconference. If you would like to attend the meeting in person, please note that face
coverings are recommended.
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How to Observe the Meeting From Home:
Members of the public can observe the meeting by calling +1 (562) 2 47-8422 , Access Code: 634-508-341
or visiting https://attendee.gotowebinar.com/register/5246993059579881741 .
How to Submit Public Comment: The public may provide public comment by attending the meeting in person,
by sending an email, or by logging into the teleconference. Please send email public comments to
Planning@DiamondBarCA.gov by 5:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR
PUBLIC COMMENT.” Written comments will be distributed to the Planning Commission members and read
into the record at the meeting, up to a maximum of five minutes.
Alternatively, public comment may be submitted by logging onto the meeting through this link:
https://attendee.gotowebinar.com/register/5246993059579881741 . 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.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need
special assistance to participate in the Planning Commission Meeting, please contact the Community
Development Office (909) 839-7030 within 72 hours of the meeting. Commission recordings will be available
upon request the day following the Planning Commission Meeting.
CHAIRPERSON RAYMOND WOLFE
VICE CHAIRPERSON KENNETH MOK
COMMISSIONER NAILA BARLAS
COMMISSIONER MAHENDRA GARG
COMMISSIONER WILLIAM RAWLINGS
City of Diamond Bar
Planning Commission
MEETING RULES
PUBLIC INPUT
Members of the public may address the Planning Commission on any item of business on the
agenda during the time the item is taken up by the Planning Commission. In addition, members
of the public may, during the Public Comment period address the Planning Commission on any
Consent Calendar item or any matter not on the agenda and within the Planning Commission’s
subject matter jurisdiction. Any material to be submitted to the Plann ing Commission at the
meeting should be submitted through the Minute s 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 peop le
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/appella nt 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 regard ing 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 25, 2022
AGENDA
Next Resolution No. 2022-18
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Naila Barlas, Mahendra Garg, William
Rawlings, Kenneth Mok, Vice Chairperson, Raymond Wolfe, Chairperson
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 Planning
Commission. 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 d iscussion 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 Planning Commission 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 Continued Use of Teleconferencing in accordance with Assembly
Bill 361 for meetings of the Planning Commission subject to State
Open Meeting Laws.
4.2 Minutes of the Planning Commission Regular Meeting –
September 13, 2022.
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OCTOBER 25, 2022 PAGE 2 PLANNING COMMISSION
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4.3 Minutes of the Planning Commission Regular Meeting – October 11,
2022.
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARING(S):
7.1 Municipal Code Amendment No. PL2022-83- Amendment to the
Diamond Bar Municipal Code by adding a new Section 5.08.050 (Short -
Term Rentals) to Title 5, and amending Section 22.80.020 (Definitions of
Specialized Terms and Phrases) of Title 22 to clarify the existing
prohibition on short-term rentals in residential neighborhoods.
PROJECT ADDRESS: Citywide
APPLICANT: Community Development Department
ENVIRONMENAL DETERMINATION: The City has determined that the
proposed Municipal Code Amendment is not subject to the California
Environmental Quality Act (“CEQA”) pursuant to Title 14, California Code
of Regulations, Section 15061(b)(3), in that it can be seen with certainty
that there is no possibility that the Ordinance may have a significant effect
on the environment because the Ordinance will not cause either a direct
physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment, in that it simply clarifies existing
conditions, which are that short-term occupancies and short-term rentals
are not a permitted use in the City's residential zoning districts. In
addition, it is categorically exempt pursuant to Title 14, Cali fornia Code of
Regulations, Section 15305 as a minor alteration in land use limitations in
that it will not result in any changes in land use or density for the reasons
set forth above. Therefore, no further environmental review is required.
RECOMMENDATION: Staff recommends that the Planning Commission
adopt a Resolution recommending City Council approval of Municipal
Code Amendment No. PL2022-83, based on the findings of fact, and
subject to the conditions of approval as listed within the draft resolution.
8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
9. STAFF COMMENTS / INFORMATIONAL ITEMS:
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OCTOBER 25, 2022 PAGE 3 PLANNING COMMISSION
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10. SCHEDULE OF FUTURE EVENTS:
11. ADJOURNMENT:
CITY COUNCIL MEETING: Tuesday, November 1, 2022, 6:30 pm
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA
PLANNING COMMISSION
MEETING:
Tuesday, November 8, 2022, 6:30 pm
Windmill Community Room
Diamond Bar City Hall
21810 Copley Drive
Diamond Bar, CA
TRAFFIC AND
TRANSPORTATION
COMMISSION MEETING:
Thursday, November 10, 2022, 6:30 pm
Windmill Community Room
Diamond Bar City Hall
21810 Copley Drive
Diamond Bar, CA
VETERANS DAY HOLIDAY: Friday, November 11, 2022
In recognition of the holiday, City offices will
be closed. City offices will re-open on
Monday, November 14, 2022
CITY COUNCIL MEETING: Tuesday, November 15, 2022, 6:30 pm
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA
PARKS AND RECREATION
MEETING:
November 2022 - Date to be confirmed
Windmill Community Room
Diamond Bar City Hall
21810 Copley Drive
Diamond Bar, CA
PLANNING COMMISSION
MEETING:
Tuesday, November 22, 2022, 6:30 pm
Windmill Community Room
Diamond Bar City Hall
21810 Copley Drive
Diamond Bar, CA
PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 4.1
MEETING DATE: October 25, 2022
CASE/FILE NUMBER: ASSEMBLY BILL 361 FOR MEETINGS OF THE
PLANNING COMMISSION
PROJECT LOCATION:
Citywide
SUBJECT: Continued use of teleconferencing in accordance
with Assembly Bill 361 for meetings of the
Planning Commission subject to State open
meeting laws.
BACKGROUND/ANALYSIS:
The Ralph M. Brown Act (“Brown Act”) requires that all meetings of a legislative body of
a local agency be open and public, that a physical location for such meetings be
provided, and that the public be permitted to provide public comment during the
meetings – with some exceptions as defined under the law.
Due to the continued impact of the COVID-19 pandemic, the California Legislature
passed Assembly Bill 361 (AB 361), which authorizes a local agency to use
teleconferencing without complying with certain teleconferencing requirements imposed
by the Brown Act when: (1) the legislative body of a local agency holds a meeting
during a declared state of emergency; (2) when state or local health officials have
imposed or recommended measures to promote social distancing; and/or (3) when a
local agency has determined that meeting in person would present imminent risks to the
health or safety of attendees.
The Planning Commission utilized the provisions of AB 361 on October 11, 2022. In
order to continue to have the ability to use the modified teleconferencing options,
AB 361 requires that the Planning Commission re-affirm its findings every 30 days.
Conditions under which AB 361 may be utilized continue to exist as described in the
attached Resolution (Attachment A). The provisions of AB 361 allowing the modified
teleconferencing will expire January 1, 2024.
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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ASSEMBLY BILL 361 FOR MEETINGS OF THE PLANNING COMMISSION
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RECOMMENDATION:
Adopt the attached Resolution (Attachment A), providing for continued use of
teleconferencing and other formats as defined and in compliance with Assembly Bill 361
for meetings of the Planning Commission.
PREPARED BY:
REVIEWED BY:
Attachments:
A. AB 361 Brown Act Resolution (PC) October 25, 2022
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RESOLUTION NO. 2022-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, MAKING SPECIFIED FINDINGS RELATING TO THE USE OF
TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS
OF THE PLANNING COMMISSION SUBJECT TO STATE OPEN MEETING LAWS.
WHEREAS, on March 4, 2020, California Governor Newsom declared a State of
Emergency in response to the COVID-19 pandemic;
WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor
Newsom issued Executive Orders that required, among other things, residents of California to
follow orders and guidance of local public health officials, including social distancing and
masking requirements;
WHEREAS, existing California law, the Ralph M. Brown Act (“Brown Act”) requires, with
specified exceptions, that all meetings of a legislative body of a local agency, as those terms
are defined, be open and public, that a physical location for such meetings be provided, and
that the public be permitted to provide public comment during the meetings;
WHEREAS, the Brown Act permits members of legislative bodies to teleconference into
public meetings subject to certain conditions, including that the place from which the member
teleconferences be open to the public , that an agenda be posted on the site, and that the
teleconference location be noticed in the agenda;
WHEREAS, in recognition that such public gatherings at such meetings could
accelerate the spread of COVID-19, Governor Newsom’s Executive Orders suspended, among
others, these Brown Act teleconferencing requirements to provide local agencies with greater
flexibility to hold meetings via teleconferencing safely;
WHEREAS, pursuant to the Emergency Services Act (Government Code
sections 8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the
City Council of the City of Diamond Bar has proclaimed the continued existence of a local
emergency resulting from the COVID-19 pandemic;
WHEREAS, as of September 30, 2021, the Governor’s Executive Order suspending the
Brown Act’s teleconferencing requirements is set to expire;
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361
(AB 361), which authorizes a local agency to continue to use teleconferencing without
complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the
legislative body of a local agency holds a meeting during a declared state of emergency;
(2) when state or local health officials have imposed or recommended measures to promote
social distancing; and/or (3) when a local agency has determined that meeting in person would
present imminent risks to the health or safety of attendees;
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2 PC Resolution No. 2022-XX
WHEREAS, both Los Angeles County and state health officials continue to recommend
social distancing due to a recent increase in COVID-19 cases believe to be caused by the so-
call Omicron Variant;
WHEREAS, the Planning Commission must approve a Resolution reaffirming that the
requirements set forth in AB 361 exist every 30 days in order to allow members of its legislative
bodies to utilize the provisions of AB 361 when attending public meetings via teleconferencing;
and
WHEREAS, notwithstanding that the City’s legislative bodies, as defined by the Brown
Act, are now holding modified public meetings in person, there may be situations in which a
member of one of these legislative bodies decides not to attend in person due to a particular
health or safety risk posed by such attendance and as such, it is the Planning Commission’s
desire to permit members of the Planning Commission to attend by way of teleconference
pursuant to AB 361 due to health and safety concerns associated with COVID-19.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Planning Commission of
the City of Diamond Bar as follows:
1. That the above recitals are true and correct. and based thereon, that the spread
and potential further spread of COVID-19 poses an imminent risk to the public
health and safety.
2. That a state of emergency due to the COVID-19 pandemic continues to exist and
at the time that this Resolution was adopted both Los Angeles County and State
health officials are recommending social distancing to slow the spread of
COVID-19.
3. That meeting in person may pose an imminent risk to the health and safety of some
attendees, including members of the Planning Commission, who due to age, health
conditions, or vaccination status, have a higher risk of contracting COVID-19 and
are more likely to get severely ill and in some cases, die from COVID-19.
4. That during the effective period of this Resolution and any reaffirmation thereof,
members of the Planning Commission may participate in meetings subject to the
Brown Act by way of teleconference in accordance with AB 361.
5. That meetings shall be held in accordance with AB361 by, among other things,
providing notice to the public how it can access the meeting and provide public
comment, providing an opportunity for the public to attend via a call-in or an
internet-based service option, conducing the meeting in a manner which protects
the statutory and constitutional rights of the public, and stopping the meeting until
public access is restored in the event of a service disruption.
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3 PC Resolution No. 2022-XX
IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its
adoption date and must be affirmed/acknowledged every 30 days by the Planning Commission
of the City of Diamond Bar in order for the provisions of Assembly Bill 361 to continue to apply
to teleconferencing by members of the Planning Commission.
APPROVED AND ADOPTED THIS 25th DAY OF OCTOBER 2022, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: ______________________________________
Raymond Wolfe, Chair
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 25th day of October 2022, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: ______________________________________
Greg Gubman, Secretary
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MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 13, 2022
Consistent with State Assembly Bill 361, members of the Planning Commission were present
or participate telephonically. Members of the public were encouraged to participate and
address the Planning Commission during the public comment portion of the meeti ng either in
person or via teleconference and for those wishing to attend the meeting in person, face
coverings were recommended.
CALL TO ORDER:
Chair/Wolfe called the meeting to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE: Chairman Wolfe led the Pledge of Allegiance.
1. ROLL CALL:
Commissioners present: Naila Barlas, Mahendra Garg (telephonically); William
Rawlings (telephonically); Vice-Chairperson Kenneth Mok,
and Chairperson Raymond Wolfe
Staff Present: Greg Gubman, Community Development Director; James
Eggart, Assistant City Attorney; Grace Lee, Senior Planner;
Mayuko (May) Nakajima, Associate Planner; Dat Tran,
Associate Planner; Stella Marquez, Administrative
Coordinator.
2. APPROVAL OF AGENDA: As presented
3. PUBLIC COMMENTS: None Offered.
4. CONSENT CALENDAR:
4.1 Continued Use of Teleconferencing in accordance with Assembly Bill 361 for
meetings of the Planning Commission subject to State Open Meeting Laws.
4.2 Minutes of the Planning Commission Special Meeting of July 27, 2022.
4.3 Minutes of the Planning Commission Regular Meeting of August 23, 2022.
VC/Mok, C/ Barlas seconded, to approve Consent Calendar. Motion carried by
the following Roll Call vote with C/Rawlings abstaining on Items 4.2 and C/G arg
unable to respond due to his inability to hear the proceedings.
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SEPTEMBER 13, 2022 2 PLANNING COMMISSION
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AYES: COMMISSIONERS: Barlas, VC/Mok, Rawlings,
Chair/Wolfe
NOES: COMMISSIONERS: None
ABSTAINED: COMMISSIONERS: Rawlings (Item 4.2)
ABSENT: COMMISSIONERS: Garg
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARING(S):
7.1 Extension of Time for Development Review No. PL2018-100 – Under the
authority of Diamond Bar Municipal Code Section 22.66.050, the applicant and
property owner requested a one-year time extension for Development Review
No. PL2018-100. The project consists of the demolition of an existing
1,562 square foot residence to facilitate the construction of a 2,527 square foot
single family residence with an 821 square foot garage and 782 square feet of
patio/porch/balcony area on a 27,034 square foot site. The project was approved
on April 28, 2020, and was set to expire on April 27, 2022. An Extension of Time
may be granted up to a maximum of one year from the expiration date. T he
subject property is zoned Low Density Residential (RL) with an underlying
General Plan land use designation of Low Density Residential.
PROJECT ADDRESS: 340 Fern Place
Diamond Bar, CA 91765
APPLICANT: Bao Pham
BPD Engineering
13902 Harbor Boulevard, Unit #2A
Garden Grove, CA 92843
PROPERTY OWNER: Alan Lim
340 Fern Place
Diamond Bar, CA 91765
AP/Tran presented staff’s report and clarified an error in the staff report and resolution.
AP/Tran stated that the correct square footage of the original Development Review
approval was 2,658 square feet of livable space (instead of 2,527 square feet) and 1,008
square feet of patio/porch/balcony area (instead of 782 square feet).
AP/Tran recommended that the Planning Commission approve the Extension of Time
for Development Review No. PL2018-100, based on the Findings of Fact, and subject
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SEPTEMBER 13, 2022 3 PLANNING COMMISSION
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to the Conditions of Approval as listed within the revised Resolution, with the new square
footage noted.
VC/Mok asked for a summary of activities relating to the time extension request since
expiration.
AP/Tran responded that the applicant has been working with staff to resolve remaining
issues with grading and building permits, while working with staff to process the time
extension request. The grading permits will require additional staff review, but the
building permits are completed and pending approval of the time extension.
C/Garg asked if the one-year time extension will allow the applicant to start construction.
AP/Tran responded that the owner intends to start construction as soon as possible and
has indicated intent complete the project within nine-month period following approval of
the time extension.
C/Barlas asked if the approval date of the time extension begins on the date of the
application.
AP/Tran explained that the time extension would be retroactively dated to April 2022,
and that the original approval (Development Review PL2018-100) would again expire in
April 2023.
Chair/Wolfe opened the public hearing.
AC/Marquez read a letter received from a resident, Tarek Elsharhawy, re garding this
item, a copy of which was provided to Commissioners. Chair/Wolfe stated that the letter
requesting the applicant be admonished to provide certain information was not within
the purview or authority of the Commission and asked that the other Commissioners
proceed only with authorities vested with the Commission.
Chair/Wolfe closed the public hearing.
C/Garg asked if the applicant was allowed to apply for additional time extensions in the
future.
CDD/Gubman responded that staff would need to check the Diamond Bar Municipal
Code to see whether one or two additional time extensions could be granted for the
project. CDD/Gubman explained that they would be allowed to request at minimum one
additional time extension. CDD/Gubman also explained that if the applicant received
approval of building permit plans and began construction of the project, additional time
extensions would not be required.
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SEPTEMBER 13, 2022 4 PLANNING COMMISSION
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C/Rawlings moved, C/Garg seconded, to approve the Extension of Time for
Development Review No. PL2018-100, based on the Findings of Fact, and subject to
the Conditions of Approval as listed within the revised Resolution.
VC/Mok re-emphasized that the City’s responsibility is in reviewing the time extension
request and not to investigate the financial health of owners.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok,
Chair/Wolfe
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 Development Review and Minor Conditional Use Permit No. PL2022-23 – Under the
authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant and
property owner requested Development Review approval to construct the following
improvements to an existing 1,698 square-foot, one-story single-family residence;
● A 970 square-foot, second-story addition with an 18 square-foot balcony;
● A 50 square-foot front porch;
● Conversion of the 450 square-foot garage into a Junior Accessory Dwelling Unit
(JADU); and
● A comprehensive remodel of the interior and exterior of the residence in
conjunction with the new construction.
A Minor Conditional Use Permit was concurrently requested to allow the continuation of
the following non-conforming development features:
• 3’-6” and 7’ side setbacks (where 5 feet on one side and 10 feet on the other side is
required);
• 8’-6” and 8’-11” distances between adjoining structures (where 15 feet is required);
and
• A 10’-6” rear setback (where 20 feet is required).
PROJECT ADDRESS: 20948 Moonlake Street
Diamond Bar, CA 91789
APPLICANT: Efrain Coronado
151 S. 9th Avenue #A
City of Industry, CA 91746
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SEPTEMBER 13, 2022 5 PLANNING COMMISSION
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PROPERTY OWNER: Javier Mendoza
20948 Moonlake Street
Diamond Bar, CA 91789
AP/Nakajima presented staff’s report and recommended Planning Commission
approval of Development Review and Minor Conditional Use Permit Planning Case No.
PL2022-23, based on the Findings of Fact, and subject to the Conditions of Approval
within the Resolution.
Chair/Wolfe opened the public hearing.
Richard Sanchez, the neighbor to the west of the project, said he was concerned about
privacy.
CDD/Gubman explained that the windows on the first floor would be obscured by
landscaping and the second-floor plan calls for the small window on the second story to
be stepped in 20 feet back from the wall facing the neighbor.
AP/Nakajima added that the second-floor window on the second-floor west elevation is
a smaller window, but could be changed to a rectangular, transom-style if it would
alleviate the neighbor’s concern.
The applicant explained that the second story window will be installed high up to provide
lighting for the second story stairwell only and does not offer visibility into or out of
personal space.
Stephen Saiz, neighbor to the east of the project, explained that the issue of the second
story window was discussed with the applicant and sta ff, and was resolved to his
satisfaction. His main concern was that any remaining asbestos would be mitigated
during construction so as not to affect the neighbors.
VC/Mok complimented Mr. Saiz and the applicant for reaching concurrence amicably.
Chair/Wolfe closed the public hearing.
AP/Nakajima responded to C/Barlas that asbestos remediation is a Building and Safety
condition and the applicant will need to contact AQMD to make certain they o btain the
proper clearance before any work is done. Page 13, Condition 11 states that AQMD
notification is required at least 10 days prior to commencement of demolition work.
C/Rawlings moved, C/Barlas seconded, to approve Development Review and Minor
Conditional Use Permit Planning Case No. PL2022-23, based on the Findings of Fact
and subject to the Conditions of Approval within the Resolution , including the change
recommended by staff. Motion carried by the following Roll Call vote:
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AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok,
Chair/Wolfe
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 – The applicant
requested approval to subdivide an existing 2.09 -acre commercial property into two
separate parcels. No new construction is proposed and there will be no physical
changes to the buildings and property. The following entitlements are requ ired 1)
Tentative Parcel Map No. 83708 to subdivide an existing commercial property into two
separate parcels; and, (2) Parking Permit to share driveway access and parking
between the newly created properties. The subject property is zoned Community
Commercial (C-02) with an underlying General Plan Land Use designation of General
Commercial (C).
PROJECT ADDRESS: 2020 S. Brea Canyon Road
Diamond Bar, CA 91789
APPLICANT: Sarah Bova
Thienes Engineering, Inc.
14349 Firestone Boulevard
La Mirada, CA 90638
PROPERTY OWNER: Nathaniel E. Williams
Metro Properties. L.L.C.
15243 La Cruz Drive #661
Pacific Palisades, CA 90272
SP/Lee presented staff’s report and recommended that the Planning Commission
recommend to the City Council, approval of Tentative Parcel Map and Parking Permit
No. PL2022-07, based on the Findings of Fact, and subject to the Conditions of Approval
as listed within the Resolution.
Chair/Wolfe opened the public hearing.
Chair/Wolfe closed the public hearing.
VC/Mok moved, C/Barlas seconded, to recommend to the City Council, approval of
Tentative Parcel Map and Parking Permit No. PL2022-07, based on the Findings of Fact,
and subject to the Conditions of Approval as listed within the Resolution. Motion carried
by the following Roll Call vote:
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AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok,
Chair/Wolfe
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS:
VC/Mok reported that he participated during evening sessions of the Charrette and said
it was great to see everyone including members of the community who expressed their
desires for the upcoming town center, and hoped the City would continue its momentum.
C/Barlas and C/Rawlings were unable to attend the meetings and thanked VC/Mok for
the update.
C/Rawlings thanked staff for their extensive work with applicants on the substantial
projects that have come before the City.
Chair/Wolfe thanked C/Rawlings for pointing out staff’s contributions which are very
important and too often overlooked and taken for granted. There is a fair amount of
construction work occurring near the City offices and he encouraged people driving drive
through the area to be aware and pay attention to their speed so that construction
workers remain safe as they go about their business.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
CDD/Gubman stated that there are no agenda items for September 27 th and the
Planning Commission will reconvene on October 11th for re-adoption of AB 361 and one
potential public hearing item. In addition to VC/Mok’s report on the Charrette, the
consultants received a lot of input which was translated onto drawings and th e next
steps are to offer alternatives that incorporate the key principles that have been defined
for the Specific Plan, to set up a joint Study Session for the Planning Commission and
City Council early next year to discuss which alternative configuration best reflects what
the community envisions for the design of the Town Center, and then go back to the
community for a Community Workshop tentatively scheduled to take place in March
2023 for the next phase in the Specific Plan process. In addition, the City’s website
offers an option for residents to subscribe and receive updates regarding the project.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
4.2
Packet Pg. 17
__________________________________________________________________________
SEPTEMBER 13, 2022 8 PLANNING COMMISSION
__________________________________________________________________________
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Wolfe adjourned the Regular Planning Commission meeting at 7:24 p.m.
The foregoing minutes are hereby approved this ____________________________, 2022.
Attest:
Respectfully Submitted,
_______________________________________
Greg Gubman, Community Development Director
_____________________________
Raymond Wolfe, Chairperson
4.2
Packet Pg. 18
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
OCTOBER 11, 2022
This meeting was held telephonically with no Planning Commissioners, staff or members of
the public appearing in a designated meeting location.
CALL TO ORDER:
Chair/Wolfe called the meeting to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE: Chairman Wolfe led the Pledge of Allegiance.
ROLL CALL: Commissioners present: Naila Barlas, Mahendra Garg William
Rawlings, and Chairperson Raymond Wolfe
Absent: Vice-Chairperson Kenneth Mok
Staff Present: Greg Gubman, Community Development Director; Grace Lee, Senior
Planner; and Stella Marquez, Administrative Coordinator.
2. APPROVAL OF AGENDA: Chair/Wolfe
3. PUBLIC COMMENTS: Doug Dunham, developer, introduced himself to
the Planning Commission and indicated he hoped to bring a project to the City in the
near future.
4. CONSENT CALENDAR:
4.1 Continued Use of Teleconferencing in accordance with Assembly Bill 361 for
meetings of the Planning Commission subject to State Open Meeting Laws.
C/ Barlas moved, C/Garg seconded, to approve Consent Calendar Item 4.1.
Motion carried by the following Roll Call vote
AYES: COMMISSIONERS: Barlas, Garg, Rawlings, Chair/Wolfe
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Mok
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARING(S): None
8. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS:
4.3
Packet Pg. 19
________________________________________________________________________
OCTOBER 11, 2022 2 PLANNING COMMISSION
________________________________________________________________________
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
CDD/Gubman stated one item is on the October 25th meeting agenda which asks the
Commission to provide its recommendation to the City Council on a new Municipal
Code Amendment to expressly prohibit short-term rentals and to impose additional
penalties for rental and advertising of short-term rentals.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Wolfe adjourned the Regular Planning Commission meeting at 6:37 p.m.
The foregoing minutes are hereby approved this _________________, 2022.
Attest:
Respectfully Submitted,
_______________________________________
Greg Gubman, Community Development Director
_____________________________
Raymond Wolfe, Chairperson
4.3
Packet Pg. 20
PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 7.1
MEETING DATE: October 25, 2022
CASE/FILE NUMBER: Municipal Code Amendment No. PL2022-83
PROJECT LOCATION: Citywide
APPLICATION REQUEST:
APPLICANT:
STAFF RECOMMENDATION:
Amendment to the Diamond Bar Municipal Code
by adding a new Section 5.08.050 (Short-
Term Rentals) to Title 5, and amending
Section 22.80.020 (Definitions of Specialized
Terms and Phrases) of Title 22 to clarify the
existing prohibition on short-term rentals in
residential neighborhoods.
Community Development Department
Adopt the attached Resolution recommending
the City Council approve Municipal Code
Amendment No. PL2022-83.
SUMMARY:
Short-term rentals, such as those marketed through Airbnb and similar platforms, are
prohibited in Diamond Bar. However, these unlawful businesses continue to proliferate .
Because it is currently difficult to prevent the establishment of short-term rentals, and
nearly as difficult to prosecute violators, the City Council directed staff to identify
potential solutions that would better enable the staff to eradicate short-term rentals, and
thus reduce the nuisance they impose on neighborhoods.
The attached ordinance addresses the City Council’s direction by proposing the
following amendments to the Diamond Bar Municipal Code (DBMC):
1. Adding definitions for “short-term occupancy” and “short-term rentals” to clarify the
existing prohibition of such uses in residential neighborhoods.
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
7.1
Packet Pg. 21
Municipal Code Amendment No. PL2022-83 Page 2 of 4
2. Prohibiting the advertising of short-term rentals, as well as their operation.
The proposed ordinance amends both Title 5 (Business Licensing) and Title 22
(Development Code) of the DBMC. Although amendments to Title 5 are not subject to
Planning Commission review, amendments to Title 22 are, so the entire ordinance is
being presented for the Commission’s consideration and recommendation to the City
Council.
BACKGROUND:
Residential short-term rentals—such as those listed on Airbnb, VRBO and similar
sites—have become increasingly popular in recent years. These websites provide a
platform for homeowners to operate an online marketplace for lodging, primarily
homestays for vacation rentals, and tourism activities. Many travelers are now using
short-term rentals in lieu of more traditional commercial lodging options such as hotels,
motels and bed and breakfast inns. Consequently, many communities, including
Diamond Bar, are experiencing the impacts of these uses in their residential
neighborhoods, including, but not limited to, excessive noise, lack of parking, safety
concerns, accumulation of trash and deferred property maintenance. If homes are
utilized for transient occupancy, they are no longer part of our housing stock. A
reduction in permanent housing units can put an upward pressure on rental prices a nd
negatively affect housing affordability. In addition, when short-term rentals replace
traditional commercial lodging, these illegal businesses put a strain on the City’s fiscal
health because they do not pay transient occupancy tax, even though they place an
added burden on public services.
Short-term rentals have always been prohibited in all residential zones within Diamond
Bar. The Municipal Code defines hotels and motels as “facilities with guest rooms or
suites, provided with or without kitchen facilities, rented to the general public for
transient lodging (less than 30 days).” By definition, a residence being rented to a
tenant for fewer than 30 days, therefore, classified as a hotel/motel, and is not a
permissible use in residential zones pursua nt to the City’s land use table. Although the
City has been enforcing the prohibition of short-term rentals to varying degrees of
success, staff typically must rely on circumstantial evidence to bring forth allegations
that these illegal businesses are in operation.
ANALYSIS:
Adoption Process
Before the City Council adopts an ordinance to amend the Municipal Code, the Planning
Commission must first conduct a public hearing to consider the proposed amendments.
The Commission then forwards its recommendations via a resolution advising the
Council whether or not the proposed amendments should be adopted.
7.1
Packet Pg. 22
Municipal Code Amendment No. PL2022-83 Page 3 of 4
As noted earlier, the proposed ordinance amends both Title 5 (Business Licensing) and
Title 22 (Development Code) of the DBMC. Although amendments to Title 5 are not
subject to Planning Commission review, amendments to Title 22 are, so, as a practical
matter, the entire ordinance is being presented for the Commission’s consideration and
recommendation to the City Council.
Proposed Amendments to Title 22 (Development Code)
Section 22.80.020. (Definitions of specialized terms and phrases) – The terms
“short-term occupancy” and “short-term rental” are introduced for clarification purposes,
and to expressly state that short-term rentals are prohibited in all zoning districts. With
the addition of these narrowly-defined terms, it will no longer be longer necessary to rely
entirely on the definition of “hotel/motel” to assert that short-term rentals are illegal in
Diamond Bar. The new definitions are proposed to read as follows:
• Short-Term Occupancy. The use or possession, or right to use or possess, of
any portion of a dwelling unit, room or rooms offered for remuneration for
dwelling, lodging or sleeping purposes for a period of less than 30 days. Short -
term occupancy is prohibited in all residential zoning districts.
• Short-Term Rental. The use of any dwelling unit, or any portion thereof, for
short-term occupancy. Short-term rentals are prohibited in all zoning districts.
Proposed Amendments to Title 5 (Business Licensing)
Section 5.08.050. (Short-term rentals) – This new section expressly states that it is
not only a violation of the law to operate a short-term rental in Diamond Bar, but it is
also illegal to advertise short-term rentals. Prohibiting the advertising of short-term
rentals will serve as a powerful enforcement tool for the City : while it may be difficult to
prove that a short-term rental is being rented out, it will be very easy to provide
evidence that it is being advertised on any of various listing platforms, and the City will
be able to prosecute on that basis alone. The new code section should also serve as a
powerful deterrent by placing would-be violators on notice that the mere act of
advertising a short-term rental is a misdemeanor offense.
ENVIRONMENTAL REVIEW:
The City has determined that the proposed Municipal Code Amendment is not subject
to the California Environmental Quality Act (“CEQA”) pursuant to Title 14, California
Code of Regulations, Section 15061(b)(3), in that it can be seen with certainty that there
is no possibility that the Ordinance may have a significant effect on the environment
because the Ordinance will not cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment,
in that it simply clarifies existing conditions, which are that short -term occupancies and
short-term rentals are not a permitted use in the City's residential zoning districts. In
addition, it is categorically exempt pursuant to Title 14, California Code of Regulations,
7.1
Packet Pg. 23
Municipal Code Amendment No. PL2022-83 Page 4 of 4
Section 15305 as a minor alteration in land use limitations in that it will not result in any
changes in land use or density for the reasons set forth above.
NOTICE OF PUBLIC HEARING:
Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on
October 14, 2022, in a 1/8-page display. Pursuant to Planning and Zoning Law
Government Code Section 65091(a)(4), if the number of property owners to whom a
public hearing notice would be mailed is greater than 1,000, a local agency may provide
notice by placing a display advertisement of at least 1/8 page in one newspaper of
general circulation. A copy of the public notice was also posted at the City’s designated
community posting sites.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a Resolution recommending
City Council approval of Municipal Code Amendment No. PL2022-83.
PREPARED BY:
REVIEWED BY:
Attachments:
A. Draft Planning Commission Resolution No. 2022-XX (Recommending Approval
of Municipal Code Amendment)
7.1
Packet Pg. 24
PLANNING COMMISSION
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED
AMENDMENTS TO THE DIAMOND BAR MUNICIPAL CODE BY ADDING SECTION
5.08.050 (SHORT-TERM RENTALS) OF TITLE 5 AND AMENDING SECTION
22.80.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 22
(DEVELOPMENT CODE) TO CLARIFY THE EXISTING PROHIBITION ON
SHORT-TERM RENTALS IN RESIDENTIAL NEIGHBORHOODS - PLANNING
CASE NO. PL2022-83.
A. RECITALS
1. The number of short-term rentals of residential dwelling units has grown in recent years
in the City of Diamond Bar ("City") and in many other communities. This is largely due
to hosting platform websites such as Airbnb and VRBO that can provide an easy
connection between property owners and individuals looking for short-term rental
housing. Many travelers are now using short-term vacation rentals in lieu of more
traditional commercial lodging options such as hotels, motels and bed and breakfast
inns.
2. The City has at all times considered short-term rentals as unpermitted uses within all
residential zones and has used its code enforcement powers against property owners
using residential properties in this manner.
3. The commercial nature of short-term rentals is incompatible with the character of
residential neighborhoods for reasons which include, but are not limited to the
following: (1) short-term rental properties are subject to ever-changing tenants which
results in surrounding neighbors not becoming familiar with the property's inhabitants,
which detrimentally affects crime prevention efforts, including, but not limited to,
Neighborhood Watch; (2) short-term renters have less motivation to be good neighbors
due to the transient nature of their stay; (3) because short-term renters are typically on
vacation, loud parties are more frequent and more frequently occur during the middle
of the week, negatively impacting the quiet use and enjoyment of nearby neighbors of
their own properties; (4) short-term rentals are more likely to be occupied by several
families and/or large numbers of adults which results in additional vehicle trips and
parking demand; and (5) it has been the City's experience that short-term rentals place
inordinately larger demands on police services primarily due to noise complaints
associated with loud parties.
4. Short-term rentals have been primarily located in the City's single-family
neighborhoods, the characteristics of which include: (1) owner-occupied homes
consisting of a single family which typically will remain in the home for a number of
years; (2) long-term tenants with similar characteristics as the owner-occupied home;
(3) neighbors who develop friendships which can last years or even a lifetime and who
share life experiences over the span of years; and (4) neighbors who watch over each
other's properties and have some familiarity with who may or may not belong on the
property. Occupants of short-term rentals do not share these single-family residential
characteristics.
7.1.a
Packet Pg. 25
2 MCA PL2022-83 -Short-Term Rentals
5. In adopting the proposed amendments, the City seeks to clarify the existing condition
(i.e., that short-term rentals are not a permitted use in residential zones) to, in part,
ensure that potential purchasers of residential properties in the City have no
reasonable expectation in making their purchasing decision that the residential
property can be put to such a use.
6. In adopting the proposed amendments, short-term rentals, home sharing, and the
advertisement thereof, does not amend the General Plan but is consistent with all
provisions of the General Plan to protect neighborhoods from nuisances and other
adverse effects resulting from improper operation of short-term rentals and home
sharing.
7. The City has established goals and policies to address the development, maintenance
and improvement of the housing stock to provide adequate housing in the city, both in
quality and quantity, and to provide appropriate shelter for all without discrimination. If
homes are utilized for transient occupancy, they are no longer part of our housing
stock. Prohibiting home sharing is also a way to preserve affordable housing
opportunities as rooms and secondary units can be used for permanent housing rather
than transient stays. A reduction in permanent housing units can put an upward
pressure on rental prices and negatively affect housing affordability. Prohibiting short-
term rental and home sharing is consistent with the following General Plan and
Housing Element goals and policies:
Land Use and Economic Development
Goal LU-G-6: Preserve existing residential neighborhoods to retain the qualities
Diamond Bar residents love, such as easy access to preserved natural open spaces,
while supporting and encouraging well-designed, complete neighborhoods with safe
streets, access to shopping and services, and community parks and gathering places.
Goal LU-G-7: Promote a variety of housing and neighborhood types that respond to a
range of income, household sizes, and accessibility levels.
Goal LU-G-18: Encourage a diversity of housing types and products.
Housing Element
Goal H-G-1: Preserve and conserve the existing housing stock and maintain property
values and residents' quality of life.
Policy H-P-1.3: Promote increased awareness among property owners and residents
of the importance of property maintenance to long-term housing quality.
8. Pursuant to Government Code Sections 65090, a notice of at least 1/8 page display
was published in the San Gabriel Valley Tribune newspaper on October 14, 2022, and
a copy of the public notice was posted at the City’s designated community posting
sites.
7.1.a
Packet Pg. 26
3 MCA PL2022-83 -Short-Term Rentals
9. The City has determined that the proposed Municipal Code Amendment is not subject
to the California Environmental Quality Act (“CEQA”) pursuant to Title 14, California
Code of Regulations, Section 15061(b)(3), in that it can be seen with certainty that
there is no possibility that the Ordinance may have a significant effect on the
environment because the Ordinance will not cause either a direct physical change in
the environment, or a reasonably foreseeable indirect physical change in the
environment, in that it simply clarifies existing conditions, which are that short-term
occupancies and short-term rentals are not a permitted use in the City's residential
zoning districts. In addition, it is categorically exempt pursuant to Title 14, California
Code of Regulations, Section 15305 as a minor alteration in land use limitations in that
it will not result in any changes in land use or density for the reasons set forth above.
10. On October 25, 2022, the Planning Commission held a duly noticed public hearing
regarding the proposed Municipal Code Amendment reflected in the draft ordinance
attached hereto as Exhibit “A” and incorporated by reference into this Resolution, and
duly considered all public testimony, evidence, and staff analysis.
11. All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the
City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. Based on the findings and conclusions set forth above, the Planning Commission
hereby recommends that the City Council approve Municipal Code Amendment No.
PL2022-83 by adopting amendments to Title 5 and Title 22 of the Diamond Bar
Municipal Code described in the draft ordinance attached hereto as Exhibit “A” and
incorporated herein by reference.
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City Council of the
City of Diamond Bar.
APPROVED AND ADOPTED THIS 25TH DAY OF OCTOBER, 2022 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: ______________________________________
Raymond Wolfe, Chairperson
7.1.a
Packet Pg. 27
4 MCA PL2022-83 -Short-Term Rentals
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution
was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held
on the 25th day of October, 2022, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: ______________________________________
Greg Gubman, Secretary
7.1.a
Packet Pg. 28
ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, ADDING SECTION 5.08.050 (SHORT-TERM
RENTALS) OF TITLE 5 AND AMENDING SECTION 22.80.020
(DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 22
(DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE
TO CLARIFY THE EXISTING PROHIBITION ON SHORT-TERM
RENTALS IN RESIDENTIAL NEIGHBORHOODS.
WHEREAS, the number of short-term rentals of residential dwelling units has
grown in recent years in the City of Diamond Bar ("City") and in many other communities.
This is largely due to hosting platform websites such as Airbnb and VRBO that can
provide an easy connection between property owners and individuals looking for short-
term rental housing. Many travelers are now using short-term vacation rentals in lieu of
more traditional commercial lodging options such as hotels, motels and bed and breakfast
inns;
WHEREAS, the City has at all times considered short-term rentals as unpermitted
uses within all residential zones and has used its code enforcement powers against
property owners using residential properties in this manner;
WHEREAS, the commercial nature of short-term rentals is incompatible with the
character of residential neighborhoods for reasons which include, but are not limited to
the following: (1) short-term rental properties are subject to ever-changing tenants which
results in surrounding neighbors not becoming familiar with the property's inhabitants,
which detrimentally affects crime prevention efforts, including, but not limited to,
Neighborhood Watch; (2) short-term renters have less motivation to be good neighbors
due to the transient nature of their stay; (3) because short-term renters are typically on
vacation, loud parties are more frequent and more frequently occur during the middle of
the week, negatively impacting the quiet use and enjoyment of nearby neighbors of their
own properties; (4) short-term rentals are more likely to be occupied by several families
and/or large numbers of adults which results in additional vehicle trips and parking
demand; and (5) it has been the City's experience that short-term rentals place
inordinately larger demands on police services primarily due to noise complaints
associated with loud parties;
WHEREAS, short-term rentals have been primarily located in the City's single-
family neighborhoods, the characteristics of which include: (1) owner-occupied homes
consisting of a single family which typically will remain in the home for a number of years;
(2) long-term tenants with similar characteristics as the owner-occupied home; (3)
neighbors who develop friendships which can last years or even a lifetime and who share
life experiences over the span of years; and (4) neighbors who watch over each other's
properties and have some familiarity with who may or may not belong on the property.
Occupants of short-term rentals do not share these single-family residential
characteristics;
Exhibit A 7.1.a
Packet Pg. 29
Ordinance No. XX (2022)
2
WHEREAS, in adopting the proposed amendments, the City seeks to clarify the
existing condition (i.e., that short-term rentals are not a permitted use in residential zones)
to, in part, ensure that potential purchasers of residential properties in the City have no
reasonable expectation in making their purchasing decision that the residential property
can be put to such a use;
WHEREAS, in adopting the proposed amendments, short-term rentals, home
sharing, and the advertisement thereof, does not amend the General Plan but is consistent
with all provisions of the General Plan to protect neighborhoods from nuisances and other
adverse effects resulting from improper operation of short-term rentals and home sharing;
and
WHEREAS, the City has established goals and policies to address the
development, maintenance and improvement of the housing stock to provide adequate
housing in the city, both in quality and quantity, and to provide appropriate shelter for all
without discrimination. If homes are utilized for transient occupancy, they are no longer part
of our housing stock. Prohibiting home sharing is also a way to preserve affordable housing
opportunities as rooms and secondary units can be used for permanent housing rather than
transient stays. A reduction in permanent housing units can put an upward pressure on
rental prices and negatively affect housing affordability. Prohibiting short-term rental and
home sharing is consistent with the following General Plan and Housing Element goals and
policies:
Land Use and Economic Development
Goal LU-G-6: Preserve existing residential neighborhoods to retain the
qualities Diamond Bar residents love, such as easy access to preserved natural open
spaces, while supporting and encouraging well-designed, complete neighborhoods with
safe streets, access to shopping and services, and community parks and gathering places.
Goal LU-G-7: Promote a variety of housing and neighborhood types that
respond to a range of income, household sizes, and accessibility levels.
Goal LU-G-18: Encourage a diversity of housing types and products.
Housing Element
Goal H-G-1: Preserve and conserve the existing housing stock and maintain
property values and residents' quality of life.
Policy H-P-1.3: Promote increased awareness among property owners and
residents of the importance of property maintenance to long-term housing quality.
WHEREAS, on October 25, 2022, the Planning Commission held a duly noticed
public hearing regarding proposed amendments to the Municipal Code, and adopted
Resolution No. 2022-XX recommending City Council approval of said Municipal Code
7.1.a
Packet Pg. 30
Ordinance No. XX (2022)
3
amendments; and
WHEREAS, on November 15, 2022, the City Council held a duly noticed public
hearing regarding the proposed Municipal Code Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.Subsection (s) of Section 22.80.020 (Definitions of specialized terms
and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended
as follows to add the definitions of “short-term occupancy” and “short-term rental,” as
follows (deletions in strikethrough text and additions shown in double underline):
(s) Definitions, “S.” The following definitions are in alphabetical order:
. . .
Short-Term Occupancy. The use or possession, or right to use or possess, of any
portion of a dwelling unit, room or rooms offered for remuneration for dwelling, lodging or
sleeping purposes for a period of less than 30 days. Short-term occupancy is prohibited
in all residential zoning districts.
Short-Term Rental. The use of any dwelling unit, or any portion thereof, for short-
term occupancy. Short-term rentals are prohibited in all zoning districts.
. . .
Section 2.A new Section 5.08.050 (Short-term rentals) of Title 5, Chapter 5.08
of the Diamond Bar Municipal Code is added as follows (deletions in strikethrough text
and additions shown in double underline):
Section 5.08.050. – Short-term rentals
(a) Short-term occupancy and short-term rental shall have the same meanings as
provided in Title 22, Development Code.
(b) It is a violation of this Code for an owner or lessee of property or any agent
thereof, to rent a dwelling unit or any portion thereof, for short-term occupancy or as a
short-term rental as such terms are defined in Subsection (s) of Section 22.080.020.
(c) It is a violation of this Code for an owner or lessee of property or any agent
thereof, to place or permit to be placed, any printed or lettered announcement, whether
in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet
website or application, or any other form of advertisement for a short-term occupancy or
short-term rental in a zoning district in which such uses are not permitted.
(d) Violation of this Section shall constitute a misdemeanor as set forth pursuant
to Section 1.04.010.
7.1.a
Packet Pg. 31
Ordinance No. XX (2022)
4
Section 3.The adoption of this Ordinance is not a project within the meaning of
the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code
of Regulations, Section 15061(b)(3), in that it can be seen with certainty that there is no
possibility that the Ordinance may have a significant effect on the environment because
the Ordinance will not cause either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment, in that it simply
clarifies existing conditions, which are that short-term occupancies and short-term rentals
are not a permitted use in the City's residential zoning districts. In addition, it is
categorically exempt pursuant to Title 14, California Code of Regulations, Section 15305
as a minor alteration in land use limitations in that it will not result in any changes in land
use or density for the reasons set forth above.
Section 4.Severability. If any section, clause, phrase, word or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each other section, clause, phrase, word or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, words or portions thereof be declared invalid or
unconstitutional.
Section 5. The City Clerk shall attest and certify to the passage and adoption of
this Ordinance within 15 days after adoption, cause it to be published or posted in
accordance with California law, and it shall be effective 30 days after adoption pursuant
to Government Code Section 36937.
PASSED, APPROVED and ADOPTED this 6th day of December, 2022.
THE CITY OF DIAMOND BAR:
__________________________
Ruth Low, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 15th day of November, 2022, and was duly adopted at a
regular meeting of the City Council of the City of Diamond Bar held on the 6th day of
December, 2022, by the following vote:
7.1.a
Packet Pg. 32
Ordinance No. XX (2022)
5
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
7.1.a
Packet Pg. 33
Project Status Report CITY OF DIAMOND BAR
October 25, 2022 COMMUNITY DEVELOPMENT DEPARTMENT
LEGEND PH = PUBLIC HEARING
AP = ASSIGNED PLANNER
PC = PLANNING COMMISSION
CC = CITY COUNCIL
PROPERTY LOCATION
PLANNING COMMISSION REVIEW File # AP Applicant PC
10/25/22
CC
11/1/22
PC
11/8/22
CC
11/15/22
PC
11/22/22
CC
12/6/22
Municipal Code Amendment
(Short-term rentals)
MCA PL2022-83 MN/GL 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/DT Pete Volbeda Third incomplete letter sent 8/31/21 – waiting for additional information
1198 Chisolm Trail Dr.
(New single-family residence)
DR PL2021-51 JT/DT Michael Wu First incomplete letter sent 7/21/21 – waiting for additional information
2001 Derringer Ln.
(2-lot subdivision)
TPM 83036/DR
PL2021-46
MN Gurbachan S. Juneja Second incomplete letter sent 3/4/22 – waiting for additional information
1111 N. Diamond Bar Blvd.
(New single-family residence)
DR PL2022-78 GL Kenneth Pang Incomplete Letter Sent 9/19/22 – waiting for additional information
Development Code Amendment
(Code cleanup & SB9)
DCA PL2022-59 MN/GL City of Diamond Bar Under review
Gentle Springs Ln. and
S. Prospectors Rd.
GPA, ZC, VTTM, DR
PL2021-23
GL Tranquil Garden LLC First incomplete letter sent 4/16/21 – waiting for additional information
2234 Indian Creek Rd.
(New single-family residence)
DR PL2020-159 MN Jeffrey Sun Second incomplete letter sent 9/30/21 – waiting for additional information
22909 Lazy Trail Rd.
(Addition and remodel to single family
residence)
DR, MCUP PL2021-05 JT/DT Walt Patroske Fourth incomplete letter sent 7/6/22 – waiting for additional information
2235 Morning Canyon Rd.
(20-unit condos)
TTM 83836, DR, TP
PL2022-89
MN Samir M. Khoury Under review
23121 Ridge Line Rd.
(New single-family residence)
DR PL2020-31 MN Pete Volbeda Fourth incomplete letter sent 9/13/22 – waiting for additional information
2626 Wagon Train Ln.
(New single-family residence)
DR, TP PL2022-62 MN Pete Volbeda First incomplete letter sent 7/26/22 – waiting for additional information
9.1
Packet Pg. 34
Project Status Report CITY OF DIAMOND BAR Page 2
October 25, 2022 COMMUNITY DEVELOPMENT DEPARTMENT
PENDING ITEMS (continued)
Property Location File # AP Applicant Status
Walnut Valley Unified School District
(Billboard Ordinance)
PL2021-43 GL/MN WVUSD Under review
2725 Clear Creek
(New Single-Family Residence) PL2022-74 DT Diane Shi First incomplete letter sent 9/15/22 – waiting for additional information
9.1
Packet Pg. 35
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF DIAMOND BAR )
I, Stella Marquez, Administrative Coordinator for the City of Diamond Bar, CA, declare as
follows:
I hereby certify, under penalty of perjury under the laws of the State of California that on
October 21, 2022, 1 posted the October 25, 2022, Planning Commission Agenda,
pursuant to Government Code Section 54950 et.seq. at the following locations:
Diamond Bar City Hall, 21810 Copley Drive
SCAQMD/Government Center, 21865 Copley Drive
Heritage Park, 2900 Brea Canyon Road
Diamond Bar Library, 21800 Copley Drive
City website: www.diamondbarca.gov
Executed on October 21, 2022, at Diamond Bar, California.
c�-
Stella Marquez
Community Development Dept,