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Home My WebLink About07/27/2022PLANNING COMMISSION AGENDA SPECIAL MEETING ______________________________________________ Wednesday, July 27, 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 meeting either in person or via teleconference. If you would like to attend the meeting in person, please note that face coverings are recommended. _______________________________________________________________________ ______________________________________________________________________ How to Observe the Meeting From Home: Members of the public can observe the meeting by calling +1 (415) 930 -5321, Access Code: 670-698- 159 or visiting https://attendee.gotowebinar.com/register/8588373709987070733 . 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/8588373709987070733 . 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 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 July 27, 2022 SPECIAL MEETING AGENDA Next Resolution No. 2022-10 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 add ress 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 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 n umber 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. RECOMMENDATION: Approve. JULY 27, 2022 PAGE 2 PLANNING COMMISSION 4.2 Minutes of the Planning Commission Regular Meeting – May 24, 2022. 5. OLD BUSINESS: None 6. NEW BSINESS: None 7. PUBLIC HEARING(S): 7.1 Development Review No. PL2021-83 – Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant, Chen Kun Lee, and property owner, Shaun H. Chen, are requesting Development Review approval for a 726 square-foot addition, 144 square-foot porch, 60 square- foot balcony, 294 square-foot patio, and an exterior and interior remodel to an existing 1,472 square-foot single-family residence on a 7,240 square- foot lot. The subject property is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Low-Medium Residential (RLM). PROJECT ADDRESS: 20221 Damietta Dr. Diamond Bar, CA 91789 APPLICANT: Chen Kun Lee 21303 Pinehill Lane Diamond Bar, CA 91765 PROPERTY OWNER: Shaun H. Chen 5308 Bartlett Ave. San Gabriel, CA 91776 ENVIRONMENAL DETERMINATION: The 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 pursuant to Article 19 under 15301(e) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission approve the Development Review No. PL2021-83, 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 a revised Housing Element (Chapter 9 of the General Plan) for the 2021-2029 planning period. The Housing Element includes analyses of the community’s housing needs, opportunities and constraints, as well as policies and programs to facilitate the construction, JULY 27, 2022 PAGE 3 PLANNING COMMISSION rehabilitation, and preservation of housing for all economic segments of the community. ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (Public Resources Code, Section 21000 et. seq.) the City prepared a Program Environmental Impact Report (EIR) for the comprehensive General Plan update in 2019. The City has reviewed the proposed Housing Element update and determined that no new significant impacts would be caused by adoption of the Housing Element that have not already been evaluated in the General Plan Program EIR, therefore, and addendum to the General Plan EIR has been prepared pursuant to CEQA Guidelines Sec. 15162 and 15164. The General Plan Program EIR is available for review on the City website at: https://www.diamondbarca.gov/961/General-Plan-2040. RECOMMENDATION: Recommend approval of the revised 2021-2029 Housing Element Update to the City Council. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 10. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: Tuesday, August 2, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 PLANNING COMMISSION MEETING: Tuesday, August 9, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 CITY COUNCIL MEETING: Tuesday, August 16, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 PLANNING COMMISSION MEETING: Tuesday, August 23, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 JULY 27, 2022 PAGE 4 PLANNING COMMISSION 11. ADJOURNMENT: LABOR DAY HOLIDAY: Monday, September 5, 2022 In observance of the holiday, city offices will be closed. City offices will re-open Tuesday, September 6, 2022. PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 4.1 MEETING DATE: July 27, 2022 CASE/FILE NUMBER: Continued use of teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State open meeting laws 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 May 10, 2022. In order to continue to have the ability to use the modified telecon ferencing 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 CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 4.1 Packet Pg. 7 Continued use of teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State open meeting laws Page 2 of 2 Resolution (Attachment A). The provisions of AB 361 allowin g the modified teleconferencing will expire January 1, 2024. RECOMMENDATION: Adopt the attached Resolution (Attachment A), providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Planning Commission. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2022-XX 4.1 Packet Pg. 8 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; 4.1.a Packet Pg. 9 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. 4.1.a Packet Pg. 10 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 27TH DAY OF JULY, 2022 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ Raymond Wolfe, Chairperson I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of JULY, 2022, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ______________________________________ Greg Gubman, Secretary 4.1.a Packet Pg. 11 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 24, 2022 CALL TO ORDER: Chair/Wolfe called the meeting to order at 6:30 p.m. in the Diamond Bar City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Barlas led the Pledge of Allegiance. 1. ROLL CALL: Commissioners: Naila Barlas, Mahendra Garg (telephonically), William Rawlings (telephonically) Vice-Chair Kenneth Mok, Chair Raymond Wolfe Staff Present : Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Dat Tran, Associate Planner; Stella Marquez, Administrative Coordinator. 2. APPROVAL OF AGENDA: As presented 3. PUBLIC COMMENTS: Jacob Brand explained that as a political science and English major at the University of South Florida and resident of Diamond Bar, he is present telephonically this evening to observe tonight’s meeting as part of his Urban and Regional Planning course assignment. 4. CONSENT CALENDAR: 4.1 Minutes of the Planning Commission’s Regular Meeting of May 10, 2022. C/Rawlings moved, C/Mok seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. PUBLIC HEARING(S): 5.1 Development Review No. PL2022-02 – Under The authority of Diamond Bar Municipal Code Section 22.48, the applicant and property owner requested Development Review approval to demolish an existing 2,914 square foot single family residence and construct a new two-story, single family residence. The new residence consists of 8,148 square feet of living space, a 474 square foot balcony, a 17 square foot covered porch and a 960 square foot garage on 1.63 gross acres (71,102 gross square feet) site. The subject property is 4.2 Packet Pg. 12 ________________________________________________________________________ MAY 24, 2022 Page 2 PLANNING COMMISSION ________________________________________________________________________ zoned Rural Residential (RR) with an underlying General Pan land use designation of Rural Residential. CDD/Gubman introduced Associate Planner Dat Tran. AP/Tran presented the staff report. Chair/Wolfe opened the public hearing. Peng Jiang, Architect, thanked staff and said he looked forward to project approval. Chair/Wolfe closed the public hearing. C/Barlas moved, C/Garg seconded, to approve Development Review No. PL2022-02, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 6. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS: C/Garg congratulated the property owner on a very nice home in a beautiful area. C/Barlas congratulated the applicant on a beautiful design. C/Rawlings thanked Mr. Brand for his participation in tonight’s meeting. C/Mok welcomed AP/Tran to the team and looked forward to working with him in the future. He congratulated the applicant on a great plan and looked forward to project fruition. 7. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman reported that due to lack of business, the June 14th Planning Commission meeting is canceled and the Commission is scheduled to meet next on June 28th and updated the Commission on the Town Center project stating the first community workshop has been scheduled for July 21st at the Diamond Bar Center. Shortly thereafter, the consultants will be opening a weeklong design studio (charrette) that will be open to the public to provide input and feedback.. 4.2 Packet Pg. 13 ________________________________________________________________________ MAY 24, 2022 Page 3 PLANNING COMMISSION ________________________________________________________________________ 8. 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 6:55 p.m. The foregoing minutes are hereby approved this 27th day of July, 2022. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director _____________________________ Raymond Wolfe, Chairperson 4.2 Packet Pg. 14 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: July 27, 2022 CASE/FILE NUMBER: Development Review Planning Case No. PL2021-83 PROJECT LOCATION: 20221 Damietta Drive Diamond Bar, CA 91789 (APN: 8762-030-009) GENERAL PLAN DESIGNATION: ZONING DISTRICT: Low-Medium Residential (RLM) Low Density Residential (RL) PROPERTY OWNER: Shaun H. Chen 5306 Bartlett Ave. San Gabriel, CA 91776 APPLICANT: Chen Kun Lee 21303 Pine Hill Lane Diamond Bar, CA 91765 This report was prepared by Planning Intern, Daniel Kim. SUMMARY: The applicant is proposing to construct a 726 square-foot addition, 144 square-foot porch, 60 square-foot balcony, 294 square-foot patio, and an exterior and interior remodel to an existing 1,472 square-foot single-family residence on a 7,240 square-foot lot. RECOMMENDATION: Adopt the attached Resolution (Attachment A) approving Development Review No. PL2021-83, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.48, subject to conditions. CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 15 Development Review Planning Case No. PL2021-83 Page 2 of 7 Site Aerial BACKGROUND: The subject property is located on the north side of Damietta Drive, east of Calbourne Drive. The property was developed in 1968 under Los Angeles County standards with a 1,472 square-foot, two-story, single-family residence with a 484 square-foot attached garage. There are no protected trees on site. The property is legally described as Lot 53 of Tract No. 28258, and the Assessor’s Parcel Number (APN) is 8762-030-009. Site and Surrounding General Plan, Zoning and Land Uses The following table describes the surrounding land uses located adjacent to the subject property: General Plan Designation Zoning District Land Use Site Low-Medium Density Residential RL Single Family Residential North Low-Medium Density Residential RL Single Family Residential South Low-Medium Density Residential RL Single Family Residential East Low-Medium Density Residential RL Single Family Residential West Low-Medium Density Residential RL Single Family Residential 7.1 Packet Pg. 16 Development Review Planning Case No. PL2021-83 Page 3 of 7 Existing Residence Adjacent Property to the East Adjacent Property to the West Project Description The existing 1,472 square-foot, two-story home consists of common areas (living room, dining room, and kitchen), four bedrooms, two bathrooms, and a two-car garage. The applicant proposes to add a combined total of 726 square feet of living area to the first and second stories. A 382 square-foot addition is proposed on the first floor, which consists of enlarging the common areas and kitchen, adding a family room, removing one bedroom, expanding the existing bedroom and adding a new bathroom and po wder room. A 344 square-foot addition is proposed on the second floor, which consists of enlarging the existing bedroom to a master bedroom with bathroom and walk -in closet. A 144 square-foot front porch, 294 square-foot patio cover, 60 square-foot balcony in the rear yard, new decorative perimeter block walls in the side and rear yards, and a 7.1 Packet Pg. 17 Development Review Planning Case No. PL2021-83 Page 4 of 7 3’-6” fence in the front yard are also proposed. If the project is approved and constructed, the residence will have a total of three bedrooms and four bathrooms. The height of the existing house is 21 feet 4 inches. The proposed addition and remodel will increase the height to 23 feet 1 inch. The proposed two-story addition consists of the following components: PROJECT SUMMARY (square footage) Living Area o Existing First Floor o New Addition on First Floor o Existing Second Floor o New Addition on Second Floor 1,047 382 425 344 2,198 Garage o Existing 484 460 Balcony/Porch/Patio Areas o New Patio Cover 294 o New Front Porch 144 o New Balcony 60 498 TOTAL FLOOR AREA 3,156 Site and Grading Configuration: The property is an irregularly-shaped lot. The existing house is situated on a leveled pad. The proposed addition is located on the existing leveled pad at the sides of the house. No grading is required for the proposed addition beyond minimal excavation for footings and foundation placement. Architectural Features, Colors, and Materials: The home is a 1960s tract home with stucco, wood trim, and brown shingles on a Dutch gable roof. The applicant is proposing to renovate the home to a Spanish eclectic architectural style utilizing an off - white stucco finish, tile roofing, corbels and brown vinyl window trim on the addition and remodel. The roof on the addition will be integrated into the existing roof by using a 4:12 roof pitch. Proposed Front Elevation 7.1 Packet Pg. 18 Development Review Planning Case No. PL2021-83 Page 5 of 7 Landscaping: Landscape plans are not required because the site is already developed, and because the project is exempt from the City’s Water Efficient Landscaping Ordinance. The ordinance would only apply if new or rehabilitated landscaping of 500 square feet or more was being installed or altered. However, landscaping that is damaged during construction will need to be restored upon project completion. No existing trees will be removed. ANALYSIS: Review Authority The proposed project requires a land use approval through the Development Review process. The analysis that follows provides the basis for staff’s recommendation to approve the Development Review application. Development Review (DBMC Section 22.48) Additions which are equal to or greater than 50 percent of the existing habitable floor area of all existing structures on site, or substantially change the appearance of an existing residence require Planning Commission approval of a DR application. Development Review approval is required to ensure compliance with the City’s General Plan policies and design guidelines, and to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. As stated in Section 22.48.010 of the Development Code, the Development Review process was established to ensure that new development and additions to existing development are consistent with the General Plan “through the promotion of high functional and aesthetic standards to complement and add to the economic, physical, and social character” of Diamond Bar. Development Standards: The following table compares the proposed project with the City’s development standards for residential development in the RL zone: Development Feature Residential Development Standards Existing Proposed Meets Requirements Front Setback 20 feet 27’-6” 27’-6” Yes Side Setbacks 5 feet on one side and 10 feet on the other side 6’-8” – east side 11 feet – west side 5 feet – east side 10’-6” – west side Yes Distance to Structures on Adjoining Lots 15 feet 25’-7” - east side 14 feet – west side 15 feet – east side 15’-6” – west side Yes Rear Setback 20 feet 33 feet 22-2” Yes Lot Coverage Maximum of 40% 25% 33% Yes Building Height Limit 35 feet 21’-4” 23’-1” Yes Parking 2-car garage 2-car garage 2-car garage Yes 7.1 Packet Pg. 19 Development Review Planning Case No. PL2021-83 Page 6 of 7 Compatibility with Neighborhood The project will not be intrusive to the neighboring homes since the property owner has obtained authorization from adjacent neighbors regarding any potential privacy concerns that may be caused by the proposed second -story addition and balcony. The addition and remodel will give the existing home to a more contemporary appearance without negatively impacting the look and character of the neighborhood since the design is compatible with the surrounding homes in terms of scale, proportions, colors, materials and roofline. Based on the foregoing, staff finds that the project follows the principles of the City’s Residential Design Guidelines as follows: • The addition will conform to all development standards, including building height, lot coverage and setbacks; • A gradual transition between the addition and existing residence is achieved through appropriate setbacks, building height and window and door placement; • Large expanses without windows or doors are avoided; and • The addition is visually integrated with the primary structure by re modeling the entire façade with updated colors and materials, such as off -white stucco finish, tile roofing, corbels, white fascia board and brown vinyl window trim throughout the addition and remodel. Additional Review The Public Works Department and Building and Safety Division reviewed this project, and their comments are included in the attached resolution as conditions of approval. NOTICE OF SPECIAL PUBLIC HEARING: On July 15, 2022, special public hearing notices were mailed to property owners within a 1,000-foot radius of the project site and the notice was published in the San Gabriel Valley Tribune newspaper. A notice display board was posted at the site, and a copy of the notice was posted at the City's designated community posting sites. Public Comments Received No comments have been received as of the publication date of this report. 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 pursuant to the provisions of Article 19 Section 15301(e) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required. 7.1 Packet Pg. 20 Development Review Planning Case No. PL2021-83 Page 7 of 7 PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2022-XX, Standard Conditions of Approval B. Color and Material Board C. Site Plan, Floor Plan, Elevations, and Roof Plan 7.1 Packet Pg. 21 PLANNING COMMISSION RESOLUTION NO. 2022-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2021-83 FOR A 726 SQUARE-FOOT ADDITION, 144 SQUARE-FOOT PORCH, 60 SQUARE-FOOT BALCONY, 294 SQUARE-FOOT PATIO, AND AN EXTERIOR AND INTERIOR REMODEL TO AN EXISTING 1,472 SQUARE- FOOT TWO-STORY, SINGLE-FAMILY RESIDENCE ON A 7,240 SQUARE- FOOT LOT LOCATED AT 20221 DAMIETTA DRIVE, DIAMOND BAR, CA 91765 (APN 8762-030-009). A. RECITALS 1. The property owner, Shaun H. Chen, and applicant, Chen Kun Lee, have filed an application for Development Review No. PL2021-83 to construct a 726 square-foot addition, 144 square-foot porch, 60 square-foot balcony, 294 square-foot patio, and an exterior and interior remodel to an existing single-family residence located at 20221 Damietta Drive, Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Project." 2. The subject property consists of one parcel totaling 7,240 square feet. It is located in the Low Density Residential (RL) zone with an underlying General Plan land use designation of Low-Medium Residential (RLM). 3. The legal description of the subject property is Lot 53 of Tract No. 28258. The Assessor’s Parcel Number is 8762-030-009. 4. On July 15, 2022, public hearing notices describing the Project were mailed to property owners within a 1,000-foot radius of the Project site. On July 15, 2022, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. Public notices were also posted at the project site and the City’s designated community posting sites. 5. On July 27, 2022, the Planning Commission of the City of Diamond Bar conducted a duly noticed special meeting for the Project, solicited testimony from all interested individuals, and concluded said meeting 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; and 7.1.a Packet Pg. 22 2 PC Resolution No. 2022-XX 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environm ental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(e) (additions to existing structures) 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 22.48, this Planning Commission hereby finds as follows: Development Review Findings (DBMC Section 22.48.040) 1. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments): The design of the Project is consistent with the applicable elements of the City’s General Plan, City Design Guidelines and development standards. The City’s General Plan Policy CC-G-4 requires the preservation of the scale and character of existing residential neighborhoods and ensure sensitive transitions between densities and uses. The Project will not be intrusive to neighboring homes since the property owner has obtained authorization from adjacent neighbors regarding any potential privacy concerns that may be caused by the proposed second-story addition and balcony. The addition and remodel will renovate the existing home to a Spanish eclectic architectural style. The Project will not negatively impact the look and character of the neighborhood because the architectural design is compatible in building form, size, color, material, and roofline while providing an enhancement to the overall neighborhood appearance. A gradual transition between the Project and adjacent uses is achieved through appropriate setbacks, building height, and window and door placement. The applicant is incorporating windows in each room within the addition, which complies with the City’s Design Guidelines where large wall expanses that have no windows should be avoided [City’s Design Guidelines D. Fenestration (Placement of Doors and Windows) (2)]. The proposed addition and remodel will renovate the existing home to a Spanish eclectic architectural style. The addition and façade remodel complies with the City’s Design Guidelines where architectural design should focus on the development of a high-quality residential environment that considers compatibility with surrounding character, including harmonious building style, form, size, color, material, and roofline. [City’s Design Guidelines B. B. Architecture (1)]. This is achieved through appropriate building scale, 7.1.a Packet Pg. 23 3 PC Resolution No. 2022-XX proportions and simple building materials such as off-white stucco and brown tile roofing. The Project complies with all development standards of the Low Residential zoning district by complying with all development standards such as required setbacks, building height, and lot coverage. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development s, and will not create traffic or pedestrian hazards; The proposed addition will not interfere with the use and enjoyment of neighboring existing or future developments because the use of the project site is designed for a single-family home and the surrounding uses are also single-family homes. The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single- family home because it complies with the requirements for driveway widths and complies with the minimum number of required off-street parking spaces. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48: Development Review Standards, the City’s Design Guidelines, the City's General Plan, or any applicable specific plan; The City’s General Plan Policy LU-P-56 requires that residential development be compatible with the prevailing character of the surrounding neighborhood in terms of building scale, density, massing, and design. The City’s General Plan Goal CC-G-4 also requires the preservation of the scale and character of existing residential neighborhoods and ensure sensitive transitions between densities and uses. The City’s Design Guidelines Architecture (1) requires compatibility with the surrounding character including harmonious building style, form, size, color, material and roofline. The Project will not be intrusive to neighboring homes since the property owner has obtained authorization from adjacent neighbors regarding any potential privacy concerns that may be caused by the proposed second - story addition and balcony. The height of the proposed addition will not block any views and will maintain privacy to adjacent properties. The addition and remodel will renovate the existing residence in style, color and building material to a Spanish eclectic architectural style. The Project will not negatively impact the look and character of the neighborhood because the architectural design is compatible in building form, size, color, material, 7.1.a Packet Pg. 24 4 PC Resolution No. 2022-XX and roofline while providing an enhancement to the overall neighborhood appearance. The Project is designed to be compatible with the character of the existing homes in the neighborhood, in terms of size and scale. Although the applicant is adding 726 square feet of livable area, the size of the home at 2,198 square feet, is still comparable in mass and scale to the existing homes in the neighborhood. Homes on Damietta Drive range from 1,205 square feet to 2,222 square feet. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, color, and will remain aesthetically appealing; The existing home is a 1960s tract home with wood siding, stucco and brown shingles on a Dutch gable roof. The applicant is proposing to renovate the existing home to a Spanish eclectic architectural style that incorporates new building materials such as off-white stucco finish, tile roofing, corbels, white fascia board and brown vinyl window trim. The Project will not negatively impact the look and character of the neighborhood because the architectural design is compatible in building form, size, color, material, and roofline while providing an enhancement to the overall neighborhood appearance. 5. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments requirements. Through the permit and inspection process, the referenced agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e) (additions to existing structures) of the CEQA Guidelines. 7.1.a Packet Pg. 25 5 PC Resolution No. 2022-XX Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application, subject to the following conditions: 1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing. 2. On the plans submitted for building plan check, add a note on the elevations that the window trim shall be painted dark brown. 3. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 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 owner, Shaun H. Chen, 5306 Bartlett Ave., San Gabriel, CA 91776; and applicant, Chen Kun Lee, 21303 Pinehill Lane, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 27TH DAY OF JULY 2022, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ Raymond Wolfe, 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 27th day of July, 2022, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ______________________________________ Greg Gubman, Secretary 7.1.a Packet Pg. 26 6 PC Resolution No. 2022-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL2021-83 SUBJECT: Construction of a 726 square-foot addition, 144 square-foot porch, 60 square-foot balcony, 294 square-foot patio, and an exterior and interior remodel to an existing single-family residence. PROPERTY Shaun H. Chen OWNER: 5306 Bartlett Ave. San Gabriel, CA 91776 APPLICANT: Chen Kun Lee 21303 Pinehill Lane Diamond Bar, CA 91765 LOCATION: 20221 Damietta Drive, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. I. 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 Development Review No. PL2021-83 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. 27 7 PC Resolution No. 2022-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 attorneys’ 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, wit hin twenty-one (21) days of approval of this Development Review No. PL2021-83, 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, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License; and a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2022-XX and Standard Conditions shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and build ing elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. 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. 9. All site, grading, landscape/irrigation, and roof plans, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, 7.1.a Packet Pg. 28 8 PC Resolution No. 2022-XX building, etc.,) or approved use has commenced, whichever comes first. 10. The hours during which construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work are limited to Monday through Saturday, between the hours of 7:00 a.m. and 7:00 p.m., and are not allowed at any time on Sundays or holidays. 11. The property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 13. Prior to issuance of building permits, the applicant shall record, and provide the City with a conformed recorded copy of, a Covenant and Agreement or similar document in a form approved by the City Attorney, which restricts the rental of rooms or other portions of the property under two or more separate agreements and prohibits use of the property as a boarding or rooming house, except to the extent otherwise permitted by the Diamond Bar Municipal Code or applicable state or federal law. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and the Public Works Department) at the established rates, prior to issuance of building or grading permit (whichever comes first), 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 Development Review No. PL2021-83 expires within two years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 22.66.050 (b)(1). In accordance with DBMC 7.1.a Packet Pg. 29 9 PC Resolution No. 2022-XX Section 22.66.050(c), the applicant may request, in writing, a one - year time extension for Planning Commission consideration. Such a request must be submitted to the Planning Division prior to the expiration date and be accompanied by the review fee in accordance with the fee schedule in effect at the time of submittal. D. SITE DEVELOPMENT 1. This approval is for the construction of a 726 square-foot addition, 144 square-foot porch, 60 square-foot balcony, 294 square-foot patio, and an exterior and interior remodel to an existing single-family residence located at 20221 Damietta Drive, Diamond Bar, as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions listed below. 2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the Planning Commission, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the approved Development Review submittal, the plans may require further staff review and re-notification of the surrounding property owners, which may delay the project and entail additional fees. 3. To ensure compliance with the provisions of the Planning Commission approval, a final inspection is required from the Planning Division when work for any phase of the project has been completed. The applicant shall inform the Planning Division and schedule an appointment for such an inspection. 4. The above conditions shall run with the land and shall be binding upon all future owners, operators, or successors thereto of the property. Non-compliance with any condition of approval or mitigation measure imposed as a condition of the approval shall constitute a violation of the City’s Development Code. Violations may be enforced in accordance with the provisions of the Development Code. 5. Failure to comply with any of the conditions set forth above or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a certificate of occupancy until full compliance is reached. The City’s requirement for full compliance may require minor corrections and/or complete demolition of a non - compliant improvement, regardless of costs incurred where the project does not comply with design requirements and approvals that the applicant agreed to when permits were pulled to construct the project. 7.1.a Packet Pg. 30 10 PC Resolution No. 2022-XX 6. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, on file with the Planning Division, the conditions contained herein, and the Development Code regulations. 7. All ground-mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 8. All roof-mounted equipment shall be screened from public view. 9. All structures, including walls, trash enclosures, canopies, etc ., shall be maintained in a structurally sound, safe manner wit h a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 10. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. II. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted clearly detailing erosion control measures. These measures shall be implemented during 7.1.a Packet Pg. 31 11 PC Resolution No. 2022-XX construction. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP’s) as specified in the Storm Water BMP Certification. B. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Conditions: 1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (i.e., 2019 California Building Code series will apply) requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions for CAL Green shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current CAL Green Code. Plan Check – Items to be addressed prior to plan approval: 3. The minimum design load for wind in this area is 110 M.P.H. exposures “C” and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 119 and 150(k). 5. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(o). 6. Public Works/Engineering Department is required to review and approve grading plans that clearly show all finish elevations, drainage, and retaining wall(s) locations. These plans shall be consistent with the site plan submitted to the Building & Safety Division. 7.1.a Packet Pg. 32 12 PC Resolution No. 2022-XX 7. All balconies shall be designed for 1.5 times the live load for the area served per CBC Table 1607.1 and provide ventilation in the joist space per CBC 2304.12.2.6. 8. All easements shall be shown on the site plan. 9. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 10. Design for future electric vehicle charging shall be provided consistent with CAL Green 4.106.4. Permit – Items required prior to building permit issuance: 11. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 12. Prior to building permit issuance, all school district fees shall be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 13. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 14. All workers on the job shall be covered by workman’s compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. Construction – Conditions required during construction: 15. Fire sprinklers are required for new single-family dwellings (CRC R313.2). Sprinklers shall be approved by LA County Fire Department prior to installation and shall be inspected at framing stage and finalization of construction. Due to the extent of work, this is considered a new dwelling. 16. Occupancy of the facilities shall not commence until all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 17. Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within one year after permit issuance, and if a successful inspection has not been obtained from the building official within one-hundred-eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. 7.1.a Packet Pg. 33 13 PC Resolution No. 2022-XX 18. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 19. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6’ high fence. 20. The project shall be protected by a construction fence to the satisfaction of the Building Official, and shall comply with the NPDES & BMP requirements (sand bags, etc.). All fencing shall be view obstructing with opaque surfaces. 21. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 22. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations. 23. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 24. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms. 25. Drainage patterns shall match the approved grading/drainage plan from the Public Works/Engineering Department. Surface water shall drain away from the building at a 2% minimum slope. The final as-built conditions shall match the grading/drainage plan or otherwise approved as -built grading/drainage plan. 26. Decks, roofs, and other flat surfaces shall slope at least 1/4”/ft with approved and listed water proofing material. Guardrails shall be provided for these surfaces at least 42” minimum in height, 4” maximum spacing between rails, and capable of resisting at least 20 pounds per lineal foot of lateral load. 27. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. END 7.1.a Packet Pg. 34 7.1.bPacket Pg. 35 7.1.bPacket Pg. 36 7.1.cPacket Pg. 37 7.1.cPacket Pg. 38 7.1.cPacket Pg. 39 7.1.cPacket Pg. 40 7.1.cPacket Pg. 41 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.2 MEETING DATE: July 27, 2022 CASE/FILE NUMBER: Revised 2021-2029 Housing Element Update (Planning Case No. PL2021-004) RECOMMENDED ACTIONS: 1. Review staff report. 2. Receive public comments. 3. Adopt Resolution recommending City Council adoption of the revised 2021 -2029 Housing Element update. BACKGROUND: State law establishes requirements for cities to adopt and periodically update their General Plans. One of the mandatory General Plan elements i s the Housing Element, and State Housing Element requirements are far more extensive than for other General Plan elements. Unlike many other General Plan elements, Housing Elements must be updated on a schedule established by State law. For cities in the S outhern California Association of Governments (“SCAG”) region, the 6 th cycle Housing Element update covers the 2021-2029 period. One of the most important differences between Housing Elements and other General Plan elements is the extent of State oversig ht. The State Legislature has delegated authority to the California Department of Housing and Community Development (“HCD”) to review Housing Elements and issue opinions regarding their compliance with State law. When HCD issues an opinion that a Housing E lement is in substantial compliance with State law it is referred to as “certification” of the Housing Element. Certification is important for maximizing city eligibility for State grants, and cities that do not obtain certification may be subject to litigation, fines, and loss of local control over land use decisions. The State Legislature has declared that a housing crisis exists in California, and local government regulations and procedures are seen as a major cause of high housing cost and insufficient housing supply. Obtaining State certification in this cycle has been far more challenging than in previous Housing Element cycles. Of the 197 jurisdictions in CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.2 Packet Pg. 42 Revised 2021-2029 Housing Element Update (Planning Case No. PL2021-004) Page 2 of 5 the SCAG region, none obtained certification by the October 15, 2021, statutory due date and only 19 had received State certification at the time this report was prepared. Three main reasons have been identified as to why so few jurisdictions have obtained Housing Element certification: 1) Many new housing laws and requirements adopted by the State Legislature in the past few years to address the “housing crisis,” which the State believes has been caused in large part by overly restrictive local housing regulations; 2) RHNA allocations that in most cities are far higher than the previous cycle, resulting in a mandate for cities to adopt major land use policy changes to allow higher housing densities; and 3) far more detailed scrutiny of Housing Elements by HCD coupled with vague requirements for analysis without clear guidance on what specifically is required to comply with the law. DIAMOND BAR HOUSING ELEMENT STATUS: At its meeting of October 13, 2021 , the Planning Commission reviewed the draft Housing Element and recommended its approval by the City Council. On November 2, 2021, the City Council adopted the Housing Element, which was then submitted to HCD for review. On February 2, 2022, HCD issued a letter (Attachment D) stating that while the adopted element addresses some statutory requirements, revisions will be necessary to comply with State Housing Element Law. Therefore, Diamond Bar’s Housing Element is currently out of compliance with State law (as are more than 90% of jurisdictions in the SCAG region). HCD COMMENTS AND PROPOSED RESPONSES: Attachment E provides a summary of HCD comments and proposed Housing Element revisions to address those comments. Most of HCD’s comments require additional data or clarification, while a few comments have been addressed by substantive revisions to some of the programs in Section 9.5 (Housing Action Plan ). Proposed Housing Element revisions involving City policy are as follows. Program H-8. Land Use Element and Development Regulations This program includes a commitment to amend development regulations to ensure the availability of adequate site to accommodate the RHNA as required by State law. Appendix B provides a parcel-specific inventory of sites where additional housing development is expected – primarily in the Town Center, Neighborhood Mixed Use, and Transit-Oriented Mixed Use focus areas. The 2019 General Plan established broad standards for future mixed-use development in these areas; however, development regulations have not yet been updated to reflect the new General Plan policy for the focus areas. Program H-8 describes proposed zoning amendments, such as the new Town Center Specific Plan, that will ensure consistency between the General Plan and Development Code in these areas. The General Plan identifies maximum residential densities of 30 units/acre for the Neighborhood Mixed Use and Transit-Oriented Mixed Use focus areas and a maximum density of 20 units/acre in the Town Center. To 7.2 Packet Pg. 43 Revised 2021-2029 Housing Element Update (Planning Case No. PL2021-004) Page 3 of 5 comply with State RHNA requirements, the Housing Element has been revised to reflect an allowable density of 30 units/acre in all of the focus areas, including th e Town Center. Adoption of the Housing Element would not change any development regulations. Detailed development standards will be established as part of the new specific plan. Program H-11. Housing for Persons with Special Needs This program includes a commitment to update City regulations for housing for persons with special needs to comply with recent changes to State law. In its review letters, HCD stated that the conditional use permit requirement for residential care facilities serving 7 or more persons is a potential barrier to persons with disabilities. To address this comment, Program 11 has been revised to include a Development Code amendment to replace or modify the CUP requirement to provide greater objectivity and development certainty for residential care facilities serving 7 or more persons. Program H-13. Efficient Project Processing While the intent of the City’s development review process is to ensure that new projects comply with all policies and regulations, HCD has noted that the tim e required for project review has the effect of adding to the overall cost of housing. For some housing projects, cities are limited to ministerial (“by-right”) permit review based on objective standards in order to minimize processing time. To address HCD concerns, Program H-13 has been revised to commit to improvements to development review procedures as part of the comprehensive Development Code update, such as through the use of objective standards and/or administrative review, in order to reduce processing time and increase development certainty for housing development projects, particularly those that include units affordable to low- and moderate-income households. Program H-14. Affirmatively Furthering Fair Housing Affirmatively furthering fair housing (“AFFH”) is a new requirement for the 6th Housing Element cycle, and extensive additional analysis of fair housing issues is provided in Appendix D. To address HCD comments, Program H-14 has been expanded to include the following additional fair housing objectives: Continue directing fair housing inquiries to the Housing Rights Center. Continue to support the provision of housing for persons with disabilities. Post information regarding fair housing and facilitate a presentation every two years about services available through the County CDC, Housing Rights Center and the City. In cooperation with the Housing Rights Center, contact low -income apartment complexes to provide education and materials about the Section 8 program including multi-lingual materials. 7.2 Packet Pg. 44 Revised 2021-2029 Housing Element Update (Planning Case No. PL2021-004) Page 4 of 5 Publish links to fair housing information on the City website and via social media. Program H-15. Reasonable Accommodation for Persons with Disabilities State law requires cities to allow reasonable modifications to planning and building regulations when necessary to accommodate the needs of persons with disabilities. The City has adopted procedures for reviewing and approving such requests (Municipal Code §22.02.060). In its review, HCD stated that some of the City’s criteria for approving a reasonable accommodation could act as a constraint to persons with disabilities. To address this comment, Program H-15 includes an amendment to the criteria for approval of requests for reasonable accommodations to provide greater objectivity and certainty. It is staff’s opinion that with the proposed revisions, the Housing Element would comply with the requirements of State housing law. 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 certif ied 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 1516, the City has prepared an Addendum to the General Plan EIR (Attachment C). 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. The Town Center Specific Plan, which is currently under preparation, will include subsequent CEQA analysis of potential environmental impacts that may occur as a result of changes to land use regulations. PUBLIC REVIEW: 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 since the project was begun. 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 all Housing Element meetings were posted on the website and at City Hall in advance of each meeting and also sent directly to housing 7.2 Packet Pg. 45 Revised 2021-2029 Housing Element Update (Planning Case No. PL2021-004) Page 5 of 5 advocates and 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. NEXT STEPS: Many cities, including Diamond Bar, are continuing to make additional revisions to their Housing Elements with the goal of obtaining HCD certification. Planning Commission recommendations will be forwarded to the City Council for review at a public hearing tentatively scheduled for August 11, 2022. If adopted by the City Council, the revised Housing Element must be submitted to HCD for 60-day review. The programs described in Housing Element Section 9.5 will be implemented over the next 8 years according to the timeframes described in ea ch program. Required amendments to other elements of the General Plan or the Development Code as well as new specific plans will include their own public review process, including public hearings by the Planning Commission and City Council. PREPARED BY: REVIEWED BY: Attachments: A. Draft PC Resolution No. 2022-XX B. Exhibit A: Revised Draft 2021-2029 Housing Element (tracked changes) C. EIR Addendum D. HCD Review Letter Dated February 2, 2022 E. Summary of HCD Comments and Proposed Responses 7.2 Packet Pg. 46 Housing Element 2021-2029 1 PLANNING COMMISSION RESOLUTION NO. 2022-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 REVISED 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. The City prepared a draft 2021-2029 Housing Element, which was posted for public review, and notice of the availability of the draft Housing Element was distributed to the list of organizations and stakeholders as described in Appendix C of the Housing Element. Organizations notified and invited to participate in the Housing Element update process included affordable housing developers, organizations with expertise in the special housing needs of lower-income households and persons with disabilities, fair housing organizations, service providers, and other community stakeholders. 5. On March 23, 2021, the Planning Commission conducted a duly noticed public meeting to review the draft Housing Element update and receive public comments. Revisions were then incorporated into the draft Housing Element based on public testimony and Planning Commission recommendations. 6. On April 6, 2021, the City Council conducted a duly noticed public meeting to review the draft Housing Element update and comments from the Planning Commission and interested stakeholders. Further revisions were 7.2.a Packet Pg. 47 Housing Element 2021-2029 2 then incorporated into the draft Housing Element based on public testimony and City Council direction. 7. 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. 8. 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. 9. After receiving HCD comments, the City prepared a revised draft Housing Element incorporating additional analysis and revised programs to address each HCD comment. The revised draft Housing Element was then posted for public review as required by law. 10. On October 13, 2021, the Planning Commission held a duly noticed public hearing to review the revised draft 2021-2029 Housing Element update incorporating revisions to address HCD’s June 3, 2021 comments. At that hearing all interested persons were provided an opportunity of offer comments on the revised draft Housing Element. At the conclusion of the public hearing the Planning Commission adopted Resolution No. 2021-18 recommending City Council approval of the Housing Element update. 11. On November 2, 2021, the City Council held a duly noticed public hearing to review the revised draft 2021-2029 Housing Element update incorporating revisions to address HCD’s June 3, 2021, comments as recommended by the Planning Commission and City staff. At that hearing all interested persons were provided an opportunity of offer comments on the revised draft Housing Element. At the conclusion of the public heari ng the City Council adopted Resolution No. 2021-18 approving the Housing Element update and directing staff to transmit the adopted Housing Element to HCD for review pursuant to State law. 12. On November 4, 2021, the adopted Housing Element was transmitted to HCD and on February 2, 2022, HCD issued a letter finding that the adopted element addresses some statutory requirements described in HCD’s previous review; however, revisions will be necessary to comply with State Housing Element Law. 13. After receiving HCD comments, the City prepared a revised draft Housing Element incorporating additional analysis and revised programs to address each HCD comment. The revised draft Housing Element was then posted for public review as required by law, and on July 27, 2022, the Planning Commission conducted a public hearing to review HCD comments, Housing Element revisions, and public testimony. A summary of HCD comments and 7.2.a Packet Pg. 48 Housing Element 2021-2029 3 the revisions addressing each comment is provided in the staff report for the July 27, 2022, Planning Commission hearing. 14. 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 prepa red 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 July 27, 2022, Planning Commission Staff Report and incorporated herein by reference. 15. The 2040 General Plan remains properly integrated and internally consistent as required by California Government Code Section 65300.5. 16. Pursuant to Government Code Section 65090 and 65353, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper on July 15, 2022, in a legal advertisement. Also, public notices were posted at the City’s designated community posting sites. 17. 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 revised 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 the July 27, 2022, staff report, 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 7.2.a Packet Pg. 49 Housing Element 2021-2029 4 Bar 2021-2029 Housing Element update, attached hereto as Exhibit “A” and incorporated herein by reference. 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 27th DAY OF JULY, 2022, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: _____________________________ Raymond Wolfe, 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 27th day of July, 2022, 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 5 EXHIBIT “A” 2021-2029 DIAMOND BAR HOUSING ELEMENT 7.2.a Packet Pg. 51 1 9.0 HOUSING ELEMENT 2021 -2029 Adopted November 2, 2021 Resolution No. 2021-51 9.0 7.2.b Packet Pg. 52 7.2.b Packet Pg. 53 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 ............................................................................................ 9-12 Special Needs....................................................................................................................... 9-15 Assisted Housing at Risk of Conversion .............................................................................. 9-21 Future Growth Needs........................................................................................................... 9-22 9.3 Resources and Opportunities ....................................................................................... 9-24 Land Resources .................................................................................................................... 9-24 Financial and Administrative Resources ........................................................................... 9-24 Energy Conservation Opportunities ................................................................................... 9-27 9.4 Constraints ...................................................................................................................... 9-29 Governmental Constraints .................................................................................................. 9-29 Development Processing Procedures ............................................................................... 9-41 Non-Governmental Constraints ......................................................................................... 9-48 Affirmatively Furthering Fair Housing .................................................................................. 9-50 9.5 Housing Action Plan ...................................................................................................... 9-61 Goals and Policies ................................................................................................................ 9-61 Housing Programs ................................................................................................................ 9-63 Appendix A – Evaluation of the Prior Housing Element Appendix B – Residential Sites Inventory Appendix C – Public Participation Summary 7.2.b Packet Pg. 54 9-iv HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 List of Tables Table 9-1 : Population Trends, 2000-2020, Diamond Bar vs. SCAG Region ............................... 9-4 Table 9-2 : Population by Age and Sex, Diamond Bar ................................................................ 9-5 Table 9-3 : Overcrowding by Tenure, Diamond Bar and SCAG Region ................................... 9-5 Table 9-4 : Extremely-Low-Income Households, Diamond Bar ................................................... 9-6 Table 9-5 : Income Categories and Affordable Housing Costs, Los Angeles County ............. 9-7 Table 9-6 : Percentage of Income Spent on Rent, Diamond Bar .............................................. 9-8 Table 9-7 : Percentage of Income Spent on Rent by Income Category, Diamond Bar ........ 9-8 Table 9-8 : Median Home Sales Price for Existing Homes, Diamond Bar and SCAG Region .. 9-9 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 .................................................................. 9-11 Table 9-13 : Employment by Occupation – Diamond Bar vs. SCAG Region ......................... 9-12 Table 9-14 : Housing by Type, Diamond Bar and SCAG Region .............................................. 9-13 Table 9-15 : Housing by Tenure, Diamond Bar and SCAG Region........................................... 9-13 Table 9-16 : Housing Tenure by Age of Householder, Diamond Bar ........................................ 9-13 Table 9-17 : Vacant Units by Type, Diamond Bar and SCAG Region ...................................... 9-14 Table 9-18 : Age of Housing Stock, Diamond Bar and SCAG Region ..................................... 9-14 Table 9-19 : Disabilities by Type, Diamond Bar ........................................................................... 9-15 Table 9-20 : Disabilities by Type for Seniors 65+, Diamond Bar and SCAG Region ................ 9-16 Table 9-21 : Developmental Disabilities by Residence and Age, Diamond Bar .................... 9-17 Table 9-22 : Elderly Households by Income and Tenure, Diamond Bar................................... 9-18 Table 9-23 : Household Size by Tenure, Diamond Bar ............................................................... 9-19 Table 9-24 : Household Type by Tenure, Diamond Bar.............................................................. 9-20 Table 9-25 : Poverty Status for Female-Headed Households, Diamond Bar ........................... 9-20 Table 9-26 : Employment in the Agricultural Industry, Diamond Bar........................................ 9-21 Table 9-27 : 2021-2029 Regional Housing Growth Needs, Diamond Bar ................................. 9-22 Table 9-28 : Land Use Categories, Diamond Bar 2040 General Plan ...................................... 9-30 Table 9-29 : Residential Development Standards ...................................................................... 9-32 Table 9-30 : Permitted Residential Development by Zoning District ........................................ 9-33 Table 9-31 : Residential Parking Requirements ........................................................................... 9-40 Table 9-32 : Review Authority for Residential Development ..................................................... 9-42 Table 9-33 : Planning and Development Fees ........................................................................... 9-47 Table 9-34 : Road Improvement Standards ................................................................................ 9-48 Table 9-35 : Quantified Objectives 2021-2029, Diamond Bar ................................................... 9-75 List of Figures Figure 9-1 Regional Location, Diamond Bar ............................................................................. 9-2 Figure 9-2 Seismic Hazard Zones ............................................................................................... 9-56 Figure 9-3 Fire Hazard Zones ...................................................................................................... 9-57 Figure 9-4 Racial Demographics .............................................................................................. 9-58 Figure 9-5 Poverty Status ............................................................................................................ 9-58 Figure 9-6 Racially or Ethnically Concentrated Areas of Poverty ......................................... 9-59 Figure 9-7 Disability Status .......................................................................................................... 9-59 Figure 9-8 TCAC/HCD Opportunity Map ................................................................................. 9-60 7.2.b Packet Pg. 55 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.b Packet Pg. 56 9-2 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-1 Regional Location, Diamond Bar 7.2.b Packet Pg. 57 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.b Packet Pg. 58 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.b Packet Pg. 59 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.b Packet Pg. 60 9-6 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H-12 (Affordable Housing Incentives/ Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing). Household Income Household income is a primary factor affecting housing needs in a community, particularly for extremely- low-income households, defined as 30% of median income or less. According to recent Census data, approximately 7.9% of households in Diamond Bar were within the extremely-low-income (ELI) category, and renters were much more likely than owners to fall within the ELI category (Table 9-4). ELI households are more likely to be affected by cost burden (overpayment) and overcrowding due to insufficient income to afford a large enough unit. City programs described in Section 9.5 - Housing Action Plan that will help to address the housing problems faced by ELI households include H-3 (Section 8 Rental Assistance), H-4 (Preservation of Assisted Housing), H-7 (Senior and Workforce Housing Development), H-9 (Mixed-Use Development), H-12 (Affordable Housing Incentives/ Density Bonus), and H-14 (Affirmatively Furthering Fair Housing). 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 7.2.b Packet Pg. 61 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-7 9.0 (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 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 1 The SCAG region includes Los Angeles, Orange, Riverside, San Bernardino, Imperial and Ventura counties. 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). 7.2.b Packet Pg. 62 9-8 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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 households spend a higher share of income on housing (often more than 50%) while high-income households are more likely to spend under 20% of income on housing (Table 9-7). Table 9-7: Percentage of Income Spent on Rent by Income Category, Diamond Bar For -Sale Housing Median sales price trends for existing homes during 2000-2018 are shown in Table 9-8. Between 2000 and 2018, median home sales prices in Diamond Bar increased 186% while prices in the SCAG region increased 151%. 2018 median home sales prices in Diamond Bar were $660,000. Prices in Diamond Bar have ranged from a low of 98.5% of the SCAG region median in 2005 and a high of 150.2% in 2009. 7.2.b Packet Pg. 63 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-9 9.0 Table 9-8: Median Home Sales Price for Existing Homes, Diamond Bar and SCAG Region 7.2.b Packet Pg. 64 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 over- payment, including Program H-3 (Section 8 Rental Assistance), Program H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H-12 (Affordable Housing Incentives/ Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing). 7.2.b Packet Pg. 65 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-11 9.0 Table 9-11: Overpayment by Income Category, Diamond Bar EMPLOYMENT Employment is an important factor affecting housing needs within a community. The jobs available in each employment sector and the wages for these jobs affect the type and size of housing residents can afford. According to recent Census data, Diamond Bar had 27,198 workers living within its borders who work across 13 major industrial sectors (Table 9-12). The most prevalent industry is Education & Social Services with 6,726 employees (24.7% of total) and the second most prevalent industry is Professional Services with 3,894 employees (14.3% of total). Table 9-12: Employment by Industry, Diamond Bar 7.2.b Packet Pg. 66 9-12 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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.b Packet Pg. 67 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-13 9.0 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.b Packet Pg. 68 9-14 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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.b Packet Pg. 69 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-15 9.0 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.b Packet Pg. 70 9-16 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 In Diamond Bar, the most commonly occurring disability among seniors 65 and older was an ambulatory disability, experienced by 17.4% of Diamond Bar's seniors and 22.9% of seniors in the SCAG region (Table 9-20). Section 9.5 - Housing Action Plan addresses the needs of persons with disabilities through Program H-11 (Emergency Shelters, Low Barrier Navigation Centers and Transitional/Supportive Housing), Program H-14 (Affirmatively Furthering Fair Housing) and Program H-15 (Reasonable Accommodation for Persons with Disabilities). Table 9-20: Disabilities by Type for Seniors 65+, Diamond Bar and SCAG Region Developmental Disab ilities As defined by federal law, “develop- mental disability” means a severe, chronic disability of an individual that: • Is attributable to a mental or physical impairment or combination of mental and physical impairments; • Is manifested before the individual attains age 22; • Is likely to continue indefinitely; • Results in substantial functional limitations in three or more of the following areas of major life activity: a) self-care; b) receptive and expressive language; c) learning; d) mobility; e) self- direction; f) capacity for indepen- dent living; or g) economic self- sufficiency; and • Reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. The Census does not record develop- mental disabilities as a separate category of disability. According to the U.S. Administration on Developmental Disabilities, an accepted estimate of the percentage of the population that can be defined as developmentally disabled is 1.5 percent. Many develop- mentally disabled persons can live and work independently within a conven- tional housing environment. More severely disabled individuals require a group living environment where supervision is provided. The most severely affected individuals may require an institutional environment where medical attention and physical 7.2.b Packet Pg. 71 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-17 9.0 therapy are provided. Because developmental disabilities exist before adulthood, the first issue in supportive housing for the developmentally disabled is the transition from the person’s living situation as a child to an appropriate level of independence as an adult. Table 9-21: Developmental Disabilities by Residence and Age, Diamond Bar The California Department of Developmental Services (DDS) currently provides community-based services to persons with developmental disabilities and their families through a statewide system of 21 regional centers, four developmental centers, and two community-based facilities. The San Gabriel/Pomona Regional Center (SG/PRC) located in Pomona (http://www.sgprc.org/) provides services to approximately 925 people with developmental disabilities in Diamond Bar (Table 9-21). The SG/PRC is a private, non-profit community agency that contracts with local businesses to offer a wide range of services to individuals with develop- mental disabilities and their families. There is no charge for diagnosis and assessment for eligibility. Once eligibility is determined, most services are free regardless of age or income. There is a requirement for parents to share the cost of 24-hour out-of-home placements for children under age 18. This share depends on the parents’ ability to pay. There may also be a co- payment requirement for other selected services. Regional centers are required by law to provide services in the most cost- effective way possible. They must use all other resources, including generic resources, before using any regional center funds. A generic resource is a service provided by an agency that has a legal responsibility to provide services to the general public and receives public funds for providing those services. Some generic agencies may include the local school district, county social services department, Medi-Cal, Social Security Administra- tion, Department of Rehabilitation and others. Other resources may include natural supports. This is help that disabled persons may get from family, friends or others at little or no cost. Section 9.5 - Housing Action Plan 7.2.b Packet Pg. 72 9-18 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 addresses the needs of persons with developmental disabilities through Program H-11 (Emergency Shelters, Low Barrier Navigation Centers and Transitional/Supportive Housing), Program H-14 (Affirmatively Furthering Fair Housing) and Program H-15 (Reasonable Accommodation for Persons with Disabilities). Elderly Federal housing data define a household type as “elderly family” if it consists of two persons with either or both age 62 or over. Of Diamond Bar's 3,985 such households, 13.8% earn less than 30% of the surrounding area income (compared to 24.2% in the SCAG region) and 34% earn less than 50% of the surrounding area income (compared to 30.9% in the SCAG region) (Table 9-22). Many elderly persons are dependent on fixed incomes or have disabilities. Elderly homeowners may be physically unable to maintain their homes or cope with living alone. The housing needs of this group can be addressed through smaller units, accessory dwelling units on lots with existing homes, shared living arrangements, congregate housing and housing assistance programs. Program H-7 (Senior and Workforce Housing Development) and Program H- 10 (Accessory Dwelling Units) in Section 9.3 will be helpful in addressing the housing needs of seniors. Table 9-22: Elderly Households by Income and Tenure, Diamond Bar The elderly tend to have higher rates of disabilities than younger persons; therefore, many of the programs noted in the previous section also apply to seniors since their housing needs include both affordability and accessibility. Large Households Household size is an indicator of need for large units. Large households are defined as those with five or more members. Table 9-23 illustrates the range of household sizes in Diamond Bar for owners, renters, and overall. The most commonly occurring household size is of two persons (29.2%) and the second-most commonly occurring household is of three persons (23.1%). Diamond Bar has a lower share of single-person households than the 7.2.b Packet Pg. 73 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-19 9.0 SCAG region overall (14.1% vs. 23.4%) and a lower share of 7+ person households than the SCAG region overall (1.8% vs. 3.1%). This distribution indicates that the need for large units with four or more bedrooms is expected to be significantly less than for smaller units. However, large families needing units with more bedrooms, generally face higher housing costs, and as a result may benefit from several types of assistance. Many of the policies and programs described in Section 9.5 - Housing Action Plan will help to address the needs of large families, including Program H-3 (Section 8 Rental Assistance), Program H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H- 12 (Affordable Housing Incentives/ Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing). Table 9-23: Household Size by Tenure, Diamond Bar Female-Headed Households Of Diamond Bar's 17,645 total house- holds, 13.1% were female-headed (compared to 14.3% in the SCAG region), 4% are female-headed and with children (compared to 6.6% in the SCAG region), and 0.3% are female- headed and with children under 6 (compared to 1.0% in the SCAG region) (Table 9-24). Approximately 3.9 percent of Diamond Bar's households were experiencing poverty, compared to 7.9 percent of households in the SCAG region (Table 9-25). Poverty thresholds, as defined by the ACS, vary by household type. In 2018, a single individual under 65 was considered in poverty with an income below $13,064/year while the threshold for a family consisting of 2 adults and 2 children was $25,465/year. Many of the policies and programs described in Section 9.5 - Housing Action Plan will help to address the needs of female- headed households, including Program H-3 (Section 8 Rental Assistance), Program H-4 (Preservation of Assisted Housing), Program H-7 (Senior and Workforce Housing Development), Program H-9 (Mixed-Use Development), Program H-12 (Affordable Housing Incentives/ Density Bonus), and Program H-14 (Affirmatively Furthering Fair Housing). 7.2.b Packet Pg. 74 9-20 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.b Packet Pg. 75 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-21 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.b Packet Pg. 76 9-22 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.b Packet Pg. 77 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-23 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.b Packet Pg. 78 9-24 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.b Packet Pg. 79 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-25 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 the duration of the bond which expires 7.2.b Packet Pg. 80 9-26 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 in December of 2034, all units will be affordable: 30 units will be very low income at 50% AMI, 82 units will be low income at 80% AMI, and 37 units will be moderate income at 100% AMI. The Seasons Apartments are owned by the Corporate Fund for Housing, a non- profit organization. Housing Agreements – The City can assist in the development of new affordable housing units by entering into Disposition Development Agree- ments (DDA) or Owner Participation Agreements (OPA) with developers. DDAs or OPAs may provide for the disposition of Agency-owned land at a price which can support the develop- ment of units at an affordable housing cost for low- and moderate-income households. These agreements may also provide for development assistance, usually in the form of a density bonus or the payment of specified development fees or other development costs which cannot be supported by the proposed development. Mortgage Credit Certificates – The Mortgage Credit Certificates (MCC) program3 is designed to help low- and moderate-income first-time home- buyers qualify for conventional first mortgage loans by increasing the homebuyer’s after-tax income. The MCC is a direct tax credit for eligible homebuyers equal to 20% of the mortgage interest paid during the year. The other 80% of mortgage interest can still be taken as an income deduction. Diamond Bar is a participating city in the County-run MCC program. 3 https://wwwa.lacda.org/for-homeowners/homebuyer/mortgage-credit-certificate-program 4 https://wwwa.lacda.org/for-homeowners/homebuyer/southern-california-home-financing- authority Home Ownership Program – The Home Ownership Program (HOP) provides assistance to low-income, first-time homebuyers in purchasing a home. It is administered by the Los Angeles County Development Authority’s Housing Development and Preservation Division. The program has provided hundreds of Los Angeles County residents with the means to afford to fulfill their dream of home ownership. The maximum gross annual income for eligible participants is 80% of the median income for Los Angeles County. Southern California Home Financing Authority Programs – SCHFA4 is a joint powers authority between Los Angeles and Orange Counties formed in 1988 to issue tax-exempt mortgage revenue bonds for low- to moderate-income First-Time Homebuyers. SCHFA has helped thousands of individuals and families fulfill their dreams of owning a home. This program makes buying a home more affordable for qualifying homebuyers by offering a competitive 30-year fixed rate loan and a grant for down-payment and closing costs assistance. The program is administered by the Los Angeles County Development Authority and the Public Finance Division of the County of Orange. SCHFA does not lend money directly to homebuyers. Homebuyers must work directly with a participating lender. The income limit for Los Angeles County households as of 2021 is $135,120. 7.2.b Packet Pg. 81 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-27 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 require- ments are adopted for “low-rise” residential construction (i.e., no more than three stories) and non-residential buildings, which includes hotels, motels, and multi-family residential buildings with four or more habitable stories. The standards specify energy saving design for lighting, walls, ceilings and floor installations, as well as heating and cooling equipment and systems, gas cooling devices, conservation standards and the use of non-depleting energy sources, such as solar energy or wind power. The home building industry must comply with these standards while localities are responsible for enforcing the energy conservation regulations 7.2.b Packet Pg. 82 9-28 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.b Packet Pg. 83 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-29 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.b Packet Pg. 84 9-30 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.b Packet Pg. 85 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-31 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 develop- ment that would serve as a center of activity for residents and provide housing, entertainment and retail opportunities and community gathering spaces in a pleasant, walkable environment. A maximum residential density of 20.0 dwelling units per acre and maximum FAR of 1.5 are permitted. • The Neighborhood Mixed Use focus area is envisioned as a combination of residential and ancillary neighborhood-serving retail and service uses to promote revitalization of the segment of North Diamond Bar Boulevard between the SR-60 interchange and Highland Valley Road. This neighborhood has potential to benefit from its proximity to Mt. San Antonio College and Cal Poly Pomona. This land use designation has an allowable residential density of up to 30.0 dwelling units per acre and a maximum FAR of 1.25. • The Transit-Oriented Mixed Use focus area leverages underutilized sites adjacent to the Metrolink commuter rail station to provide for higher-density housing, offices, and supporting commercial uses close to regional transit. This focus area allows for new employment and housing development in a key location that emphasizes multi- modal transportation options. This General Plan designation allows residential development at a density of 20.0 to 30.0 dwelling units per acre and a maximum FAR of 1.5. • The Community Core focus area covers the existing Diamond Bar Golf Course, which is currently operated by Los Angeles County. Should the County choose to discontinue operation of the golf course or to reduce its size, the Community Core would be the City’s preferred approach to reuse of the site. The Community Core is envisioned as a master-planned mixed-use, pedestrian-oriented community and regional destination. The majority of the northern portion is envisioned to support a park or consolidated golf course along with additional community or civic uses. The 7.2.b Packet Pg. 86 9-32 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 southern portion is envisioned to accommodate a mix of uses emphasizing destination and specialty retail, dining, and entertainment, including oppor- tunities for residential, hospitality, and community and civic uses. This location benefits from proximity to the freeways and nearby commercial uses. The General Plan does not specify density or intensity standards for this focus area and a master plan will be required for the entire property to ensure its cohesive development. Zoning Designations The City regulates the type, location, density, and scale of residential development through the Develop- ment Code (Title 22 of the Diamond Bar Municipal Code) and Zoning Map. These regulations serve to implement the General Plan and are designed to protect and promote the health, safety, and general welfare of residents. The Development Code and Zoning Map set forth residential development standards and review procedures for each zoning district. The seven zoning districts that allow residential units as a permitted use are as follows: RR Rural Residential RL Low Density Residential RLM Low Medium Density Residential RM Medium Density Residential RMH Medium High Density Residential RH High Density District RH-30 High Density District (30 units per acre) A summary of the development standards for these zoning districts is provided in Table 9-29. These develop- ment standards provide for a range of housing types and do not create unreasonable constraints on the development of housing. Table 9-29: Residential Development Standards Development Standard1 Zoning District Designations RR RL RLM RM RMH RH/RH-30 Maximum density (units/acre) 1 3 5 12 16 20/30 Minimum Lot Area (sq. ft.) 1 acre 10,000 sf 8,000 sf 5,000 sf 5,000 sf 5,000 sf Minimum Front Yard (ft.) 30 ft 20 ft 20 ft 20 ft 20 ft 20 ft Minimum Side Yard (ft.) 15 ft. on one side, and 10 ft. on the other2 10 ft. on one side, and 5 ft. on the other3 10 ft. on one side, and 5 ft. on the other3 5 ft. 5 ft. 5 ft. plus 1 ft. for each story over 2 Minimum Street Side Setback (ft.) 15 ft., reversed corner lot; 10 ft. otherwise 10 ft., reversed corner lot; 5 ft. otherwise 10 ft., reversed corner lot; 5 ft. otherwise 10 ft., reversed corner lot; 5 ft. otherwise 7.5 ft., reversed corner lot; 5 ft. otherwise 7.5 ft., reversed corner lot; 5 ft. otherwise Minimum Rear Yard (ft.) 25 ft.4 20 ft.4 20 ft.4 25 ft.4 20 ft.4 20 ft.4 Maximum Lot Coverage (%) 30% 40% 40% 30% 30% 30% Maximum Building Height (ft.) 35 ft 35 ft 35 ft 35 ft 35 ft 35 ft Source: Diamond Bar Zoning Ordinance Notes: 1. Development standards in the planned communities are governed by a master plan, specific plan, or similar document and may vary from current zoning. 2. There cannot be less than 25 ft. between structures on adjoining parcels. 3. There cannot be less than 15 ft. between structures on adjoining parcels. 4. From the property line or building pad on a descending slope, whichever is applicable. 7.2.b Packet Pg. 87 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-33 9.0 A summary of the types of housing permitted by the City’s Development Code is provided in Table 9-30. Table 9-30: Permitted Residential Development by Zoning District Housing Type RR RL RLM RM RMH RH/RH-30 Single-Family Detached P P P P P P Single-Family Attached P P P Multi-Family P P P Manufactured Housing P P P P P P Mobile Home Park CUP CUP CUP CUP CUP CUP Second Units P P Emergency Shelters1 Transitional & Supportive Housing 2 2 2 2 2 2 Residential Care Home (6 or fewer persons)3 P P P P P P Residential Care Home (7 or more persons)3 CUP CUP CUP Senior Housing P P P P P P Single Room Occupancy4 Source: Diamond Bar Zoning Ordinance P = Permitted, ministerial zoning clearance required CUP = Conditional Use Permit Notes: 1. Emergency shelters are permitted in the Light Industrial zone. 2. Transitional and supportive housing are permitted in any residential zone subject to the same standards and procedures as apply to other residential uses of the same type in the same zone. 3. Residential Care Homes are defined as facilities providing residential social and personal care for children, the elderly, and people with some limits on their ability for self-care, but where medical care is not a major element. Includes children's' homes; family care homes; foster homes; group homes; halfway houses; orphanages; rehabilitation centers; and similar uses. 4. SROs are conditionally permitted in the I (light industrial) zone The Development Code provides for a variety of housing types including single-family homes (both attached and detached), multi-family (both rental and condominiums), manufactured housing, special needs housing, and accessory dwelling units. Effect of Zoning and Development Standards on Housing Supply and Affordability Development standards can affect the feasibility of development projects, particularly housing that is affordable to lower- and moderate-income households. The most significant of these standards is density. Higher densities generally result in lower per- unit land costs, thereby reducing overall development cost, although this is not always the case. For example, at 9 Memo of June 20, 2012 from California Department of Housing and Community Development. some point higher density may require more expensive construction methods such as parking structures, or below- grade garages. Pursuant to AB 2348 of 2004, the “default density” for Diamond Bar is 30 dwelling units per acre9. The default density refers to the density at which lower-income housing development is presumed to be feasible, although State law allows jurisdictions to propose alternative densities that are sufficient to facilitate affordable housing based on local experience and circum- stances. The RH-30 district allows multi- family development at the default density of 30 units per acre. In addition, the Neighborhood Mixed Use and Transit-Oriented Mixed Use land use designations allow residential develop- ment at up to 30 units/acre. The City is 7.2.b Packet Pg. 88 9-34 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 currently in the process of updating the Development Code to establish regulations consistent with these new General Plan land use designations (see Program H-8 in Section 9.5). Although appropriate development standards are necessary for affordable housing to be feasible, large public subsidies are typically necessary to reduce costs to the level that lower- income households can afford. Special Needs Housing Persons with special needs include those in residential care facilities, persons with disabilities, the elderly, farm workers, persons needing emergency shelter or transitional living arrangements, and single room occupancy units. The City’s provisions for these housing types are discussed below. Residential Care Facilities Residential care facilities refer to any family home, group home, or rehabilitation facility that provides non- medical care to persons in need of personal services, protection, super- vision, assistance, guidance, or training essential for daily living. The Development Code explicitly references Residential Care Homes (§22.80.020). In accordance with State law, residential care homes that serve six or fewer persons are permitted by- right in all residential districts with only a ministerial zoning clearance required. Residential care homes serving more than six persons are permitted by conditional use permit in the RM, RMH, and RH Districts. There are no separation requirements for residential care facilities. These provisions are consistent with State law and do not pose a significant constraint on the establishment of such facilities.In its review of the Housing Element the Department of Housing and Community Development stated that current City requirements for large residential care facilities are a potential barrier to persons with disabilities; therefore, Program H-11 is included in the Housing Plan to address this issue. 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- 7.2.b Packet Pg. 89 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-35 9.0 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. 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. 7.2.b Packet Pg. 90 9-36 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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. In its review of the Housing Element the Department of Housing and Community Development stated that some of these criteria act as constraints on persons with disabilities. Program H- 15 is included in the Housing Plan to address this issue. Farm Worker Housing As discussed in Section 9.2, Housing Needs Assessment, the City of Diamond Bar has no major agricultural areas and no significant need for permanent on- site farm worker housing. Commercial agriculture is not permitted in any residential zoning district. The City’s overall efforts to provide and maintain affordable housing opportunities will help to support the few seasonal farm workers that may choose to reside in the City. Housing for the Elderly Senior housing projects are a permitted use in all residential districts. A density bonus is also permitted for the construction of senior housing pursuant to Government Code §§65915-65918. Development Code §22.30.040 establishes reduced parking requirements for senior housing of 1 space for each unit with half the spaces covered, plus 1 guest parking space for each 10 units. These regulations are not considered to be a constraint to the development of senior housing because the regulations are the same as for other residential uses in the same districts. Emergency Shelters, Transitional/ Supportive Housing and Low Barrier Navigation Centers Emergency shelters are facilities that provide a safe alternative to the streets either in a shelter facility, or through the use of motel vouchers. Emergency shelter is short-term and usually for 30 days or less. Transitional housing is longer-term, typically up to 2 years, while supportive housing may have no occupancy limit. Programs that operate transitional and supportive housing generally require that the resident participate in a structured program to work toward established goals so that they can move on to permanent housing and may include supportive services such as counseling. SB 2 of 2007 strengthened the planning requirements for emergency shelters and transitional/supportive housing. This bill requires jurisdictions to evaluate their need for shelters compared to available facilities to address the need. If existing shelter facilities are not sufficient to accommodate the need, jurisdictions must designate at least one 7.2.b Packet Pg. 91 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-37 9.0 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 (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 7.2.b Packet Pg. 92 9-38 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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 that implement enforceable residential parking demand reduction measures, such as parking permit and car share programs. • LU-P-43 – When updating the Development Code’s parking standards or preparing specific plans, evaluate parking ratios for the Town Center to balance the financial feasibility of develop- ment projects with the provision of adequate parking for visitors. Coordinate with developers and transit agencies to the extent possible to provide alternative modes of transportation to allow for reduced parking requirements. • CC-P-26 – Establish reduced minimum commercial parking requirements for all develop- ment within new mixed-use land 7.2.b Packet Pg. 93 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-39 9.0 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 neighbor- hoods in targeted areas, and promoting ride-sharing and alternative transportation modes. • CR-P-53 – Update parking standards in the Development Code to ensure that they are reflective of the community’s needs, using current data on parking demand and taking into consideration demographics and access to alternative modes of transportation. • CR-P-54 – Incorporate criteria in the Development Code to allow reductions in parking require- ments in exchange for VMT reduction measures. These policies will be implemented through revisions to required parking as part of the Development Code (see Program H-8) and will minimize the effect of required parking as a constraint on the production of affordable housing. 7.2.b Packet Pg. 94 9-40 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 requiring the average density in a new mobile home park to be less than that permitted by the Municipal Code. 7.2.b Packet Pg. 95 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-41 9.0 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.b Packet Pg. 96 9-42 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. Small projects such as residential additions require only Zoning Clearance to confirm that the project complies with objective standards. 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 6 months 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. 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 7.2.b Packet Pg. 97 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-43 9.0 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. This pre- application review helps to expedite the permit process and reduce development cost by resolving issues early on and minimizing the need for plan revisions. After submittal, applications are reviewed for completeness within 30 days as required by State law and applicants are promptly notified if any additional information is required. 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. 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 7.2.b Packet Pg. 98 9-44 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 • 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. Required findings for Development Review approval are as follows: (1) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; (3) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan; (4) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; (5) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; (6) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); (7) For projects utilizing the affordable housing density bonus provisions in section 22.18.010, the proposed project meets the requirements of section 22.18.010. • Initial Application Review. The Director reviews all applications for completeness and accuracy before they are accepted as being complete and officially filed. Processing of applications does not commence until all required fees and deposits have been paid. Without the applica- tion fee or a deposit, the application is not deemed complete. Within 30 days of a submittal, staff reviews the application package and the applicant is informed in writing of whether or not the application is deemed complete and has been accepted for processing. If the application is incomplete, the applicant is advised regarding what additional information is required. If a pending application is not deemed complete within 6 months after the first filing with the Department, the application 7.2.b Packet Pg. 99 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-45 9.0 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. • Notice and Hearings. An application for a development review or administrative development review is scheduled for a public hearing once the department has determined the application complete. Adminis- trative development reviews and minor CUPs are heard by a Hearing Officer (staff) while more significant applications are heard by the Planning Commission. Legislative acts such as General Plan amendments, zone changes, specific plans and development agreements require City Council approval. Upon completion of the public hearing, the review authority shall announce and record the decision within 21 days following the conclusion of the public hearing. The decision shall contain the required findings and a copy of the resolution shall be mailed to the applicant. The City is currently preparing a revised Development Code, which will include streamlined permit review procedures and objective standards to ensure that the development review process does not act as a constraint to housing development (see Program 8). The length of time between project approval and request for building permit can vary widely depending on the size and complexity of the project, the applicant’s schedule for preparing building plans and any required corrections. Typical permit review times are 7 to 10 days for single-family developments and 2 weeks for multi- family developments. Typical time from entitlement to building permit application ranges from 3 months to a year depending on the complexity of the project (such as custom homes on hillside lots). Due to high property values and the shortage of vacant residential land, development proposals typically seek to maximize allowable densities unlike 7.2.b Packet Pg. 100 9-46 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 areas further inland where more vacant land is available. While the intent of the City’s development review process is to ensure that new projects comply with policies and regulations, the time required for project review has the effect of adding to the overall cost of housing. For some housing projects, cities are limited to ministerial permit review based on objective standards in order to minimize processing time. As part of the comprehensive Development Code update (Program H-8) the City will implement improvements to development review procedures, such as through the use of objective standards and/or administrative review, in order to reduce processing time and increasing development certainty for housing development projects, particularly those that include units affordable to low- and moderate-income households. Development Fees and Improvement Requirements After the passage of Proposition 13 and its limitation on local governments’ property tax revenues, cities and counties have faced increasing difficulty in providing public services and facilities to serve their residents. One of the main consequences of Proposition 13 has been the shift in funding of new infrastructure from general tax revenues to development impact fees and improvement requirements on land developers. The City requires developers to provide on-site and off-site improve- ments necessary to serve their projects. Such improvements may include water, sewer and other utility extensions, street construction and traffic control device installation that are reasonably related to the project. Dedication of land or in- lieu fees may also be required of a project for rights-of-way, transit facilities, recreational facilities and school sites, consistent with the Subdivision Map Act. State law limits fees charged for development permit processing to the reasonable cost of providing the service for which the fee is charged. Various fees and assessments are charged by the City and other public agencies to cover the costs of processing permit applications and providing services and facilities such as schools, parks and infrastructure. Table 9-33 provides a list of fees the City of Diamond Bar charges for new, standard residential development. The City periodically evaluates the actual cost of processing development permits when revising its fee schedule. The last fee schedule update was adopted in 2020. 7.2.b Packet Pg. 101 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-47 9.0 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 (not under City control) $4.08/sq.ft. Drainage Facilities None Traffic Facilities (d) Public Facilities None Fire Facilities None Park Facilities (e) Water/Sewer Connection (not under City control) (d) Total estimated fees (SF/MF) Estimated percentage of total development cost $8,000/$3,600 1% 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 depending on CEQA requirements c (RFD) Deposit based fees will be charged at the fully allocated hourly rates for all personnel involved plus any outside costs, with any unused portion of a deposit-based fee being refunded to the applicant at the conclusions of the project. In certain circumstances where project costs are higher than the available deposit, the applicant will be required to submit additional funds into the deposit account. d Development impact fees are determined by the project’s scope, location, and existing conditions. The developer must prepare the appropriate study and provide the report for staff to review. When applicable, public improvements may be conditioned with, or in lieu of, development impact fees. e Park fees are determined based on 5 acres of land per 1,000 population per State law Improvement Requirements Throughout California, developers are required to construct on- and off-site improvements needed to serve new projects, including streets, sidewalks, and utilities. City road standards vary by roadway designation as provided in Table 9-34. A local residential street requires a 44- to 60-foot right-of-way, with two 12-foot travel lanes. These road standards are typical for cities in Los Angeles County and do not act as a constraint to housing development. The City’s Capital Improvement Program (CIP) contains a schedule of public improvements including streets, bridges, overpasses and other public works projects to facilitate the continued build-out of the City’s General Plan. The CIP helps to ensure that construction of public improvements is coordinated with private development. 7.2.b Packet Pg. 102 9-48 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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.b Packet Pg. 103 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-49 9.0 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.b Packet Pg. 104 9-50 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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. (Note: The following section has been expanded and moved to Appendix D) AFFIRMATIVELY FURTHERING FAIR HOUSING Under State law, “affirmatively furthering fair housing” means “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to 7.2.b Packet Pg. 105 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-51 9.0 opportunity based on protected characteristics.” There are three parts to this requirement: 1. Include a Program that Affirmatively Furthers Fair Housing and Promotes Housing Opportunities throughout the Community for Protected Classes (applies to housing elements beginning January 1, 2019). 2. Conduct an Assessment of Fair Housing that includes summary of fair housing issues, an analysis of available federal, state, and local data and local knowledge to identify, and an assessment of the contributing factors for the fair housing issues. 3. Prepare the Housing Element land inventory and identification of sites through the lens of affirmatively furthering fair housing. In compliance with AB 686, the City has completed the following outreach and analysis. Outreach As discussed in Appendix C, the City held a total of five public meetings during the Housing Element update in an effort to include all segments of the community. Meetings included informal workshops in addition to the standard public hearing process. Notices prior to each meeting were sent directly to persons and organizations with expertise in affordable housing, supportive services and fair housing. Interested parties had the opportunity to interact with City staff throughout the Housing Element update process and provide direct feedback regarding fair housing issues. The City also created a dedicated web page for the Housing Element update) where meeting notices and agenda materials, an FAQ, and background information were posted. The City also provided opportunities for interested persons to participate in public meetings remotely, which made it possible for those with disabilities limiting their mobility to participate and comment on the Housing Element regardless of their ability to attend the meetings in person. Over the course of the Housing Element update the City received written comments from the following four organizations: • Abundant Housing LA (10/23/2020) • Los Angeles County Sanitation District (1/26/2021) • Responsible Land Use, a non- profit, public benefit group (3/23/2021) • Mitchell M. Tsai, Attorney for Southwest Regional Council of Carpenters (10/11/2021) Only one of these four commentors – Abundant Housing LA (AHLA) – mentioned fair housing in its letter. AHLA’s comments related to fair housing are summarized as follows: Comment: The sites inventory analysis should “Prioritizing high-opportunity census tracts and well-resourced areas (e.g., near transit, jobs, schools, parks, etc.) when selecting sites for lower- income housing opportunities, in order to affirmatively further fair housing. Housing elements must prioritize high- opportunity census tracts and well- resourced areas (e.g. near transit, jobs, schools, parks, etc.) when selecting 7.2.b Packet Pg. 106 9-52 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 sites for lower-income housing opportunities, in order to affirmatively further fair housing.” (AHLA, p. 2 & 5) These comments are addressed in the Diamond Bar 2040 General Plan and Housing Program H-8, which includes a commitment to amend development regulations consistent with the General Plan to allow higher densities in several Focus Areas described in Housing Element Section 9.4 and in Appendix B, the sites inventory. As recommended by AHLA, the Focus Areas are located near transit, jobs, schools and parks and provide the best opportunities for new affordable housing because existing single-family residential areas are fully developed. This rezoning strategy therefore affirmatively furthers fair housing in Diamond Bar. Comment: “Diamond Bar’s history details examples of how housing policy and land use regulations were once used to exclude members of minority groups. Redlining and restrictive covenants, which restricted where Black Americans could live, were once commonplace throughout Los Angeles County. Thankfully, Diamond Bar is more welcoming today; 18% of the city’s population is Hispanic and 56% of the city’s population is Asian- American9. However, exclusion continues on the basis of income: the median home sale price in Diamond Bar was $660,000 in 201810, and 51% of the city’s renters are “rent-burdened” (i.e. they spend more than 30% of their income on rent). High housing costs place a disproportionate burden on lower-income communities of color, and have the effect of excluding them from the city altogether. It is important to note that Diamond Bar incorporated in 1989 and by that time, the primarily low-density land use pattern of the city had already been established by development approved by Los Angeles County. While the City had no involvement in discriminatory real estate practices that may have occurred before its incorporation, the City’s forward-looking land use initiatives such as the General Plan Focus Areas will create significant opportunities for new affordable housing and address past patterns of discrimination. ADUs also create substantial opportunities for affordable housing in high- opportunity single-family neighborhoods. As described in Program H-14, the City will continue to support the fair housing efforts of the Housing Rights Center and through the following activities: • Ensure that all development applications are considered, reviewed, and approved without prejudice to the proposed residents, contingent on the development application’s compliance with all entitlement requirements. • Accommodate persons with disabilities who seek reasonable waiver or modification of land use controls and/or development standards pursuant to procedures and criteria set forth in the applicable development regulations. • Work with the County to implement the regional Analysis of Impediments to Fair Housing Choice and HUD Consolidated Plan. 7.2.b Packet Pg. 107 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-53 9.0 • Facilitate public education and outreach by posting informational flyers on fair housing at public counters, libraries, and on the City’s website. • Conduct public meetings at suitable times, accessible to persons with disabilities, and near public transit. Resources will be invested to provide interpretation and translation services when requested at public meetings when feasible. • Encourage community and stakeholder engagement during development decisions. Assessment of Fair Housing The following analysis examines geographic data regarding racial segregation, poverty, persons with disabilities, and areas of opportunity as identified by the TCAC/HCD Opportunity Areas map. Racial segregation. As seen in Figure 9- 4, the percentage of non-white population in Diamond Bar is similar to adjacent areas with the exception of a small area immediately north of the city that is part of the Cal Poly Pomona campus (formerly the Lanterman Developmental Center). This map does not indicate any patterns of racial/ ethnic concentration or discrimination in the city. Poverty. Recent Census estimates regarding poverty status of households in Diamond Bar are shown in Figure 9-5. As seen in this map, the poverty rate is less than 10% for nearly all areas the city. One small area in the southwestern portion of the city near the SR-60 freeway has a slightly higher poverty rate of 10% to 20%. Racially/Ethnically Concentrated Areas of Poverty (R/ECAP). A racially or ethnically concentrated area of poverty (R/ECAPs) is defined by HUD as areas in which 50 percent or more of the population identifies as non-White and 40 percent or more of individuals are living below the poverty line. As shown in Figure 9-6, there are no R/ECAPs in Diamond Bar. The nearest designated R/ECAP is in Pomona, just north of the Diamond Bar boundary. Persons with disabilities. The incidence of disabilities is relatively low in most parts of Diamond Bar. As shown in Figure 9-7, the percentage of residents reporting a disability is less than 10% in the majority of the city, while the disability rate is 10% to 20% in the northern portion of the city. Disproportionate Housing Needs and Displacement Risk. As discussed in Section 9.2 (Housing Needs Assessment), housing needs in Diamond Bar are generally less severe than in the SCAG region as a whole. For example, data compiled by SCAG showed rates of overcrowding for both renters and owners (Table 9-3) and disability rates for seniors (Table 9-20) are lower in Diamond Bar than the regional averages. Displacement of low-income households can occur through the expiration of affordability restrictions on assisted low-income housing, escalation of market rents, or demolition of existing rental units. As noted in Section 9.2, there are no low- income rental units at risk of conversion to market rate during the 2021-2031 period. In addition, the Focus Areas targeted for redevelopment in the General Plan and the Housing Sites Inventory do not contain any housing 7.2.b Packet Pg. 108 9-54 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 units; therefore, there is no displacement risk of in these areas. Displacement mitigation strategies such as tenant protections, conservation of existing stock, preservation of units at- risk of conversion to market-rate uses, acquisition and rehabilitation of existing stock, including naturally occurring affordable housing, and removing barriers to building affordable housing are incorporated into the Housing Action Plan (Section 9.5). Access to opportunity. According to the 2020 California Department of Housing and Community Development (HCD) and the California Tax Credit Allocation Committee (TCAC) Opportunity Area Map (Figure 9-8), Diamond Bar is within the Moderate, High, and Highest Resource areas. High Resource areas are areas with high index scores for a variety of educational, environmental, and economic indicators. Some of the indicators identified by TCAC include high levels of employment and close proximity to jobs, access to effective educational opportunities for children and adults, low concentration of poverty, and low levels of environ- mental pollutants, among others. Contributing factors to fair housing issues. Under the Federal consolidated planning process, the Analysis of Impediments (AI) to Fair Housing Choice is the primary tool for addressing fair housing issues. The City of Diamond Bar was a participating city with the County of Los Angeles in the preparation of the 2018 AI. Based on extensive analysis of housing and community indicators, and the input of residents, a list of impediments to fair housing choice was developed. Appendix D includes a summary of the contributing factors to fair housing issues pertaining specifically to the Urban County and HACoLA’s service areas. These items are prioritized according to the following criteria: 1. High: Impediments/Contributing factors that have a direct and substantial impact on fair housing choice, especially in R/ECAP areas, affecting housing, those impacting persons with disabilities, and are core functions of HACoLA or the CDC. 2. Moderate: Impediments/ Contributing factors that have a direct and substantial impact on fair housing choice, especially in R/ECAP areas, affecting housing, those impacting persons with disabilities, and are core functions of HACoLA or the CDC, but the CDC or HACoLA may only have limited capacity to make a significant impact; or may not be within the core functions of HACoLA or the CDC. 3. Low: Impediments/Contributing factors that may have a direct and substantial impact on fair housing choice but are not within the core functions of HACoLA or the CDC or not within the capacity of these organizations to make significant impact, or not specific to R/ECAP neighborhoods, or have a slight or largely indirect impact on fair housing choice. The impediments/contributing factors identified and included in Appendix D are in relation to the fair housing issues listed below. The prioritization of these contributing factors relates to the ability of the CDC and HACoLA to address the fair housing issues. A low priority does not diminish the importance of the factor in the Urban County or 7.2.b Packet Pg. 109 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-55 9.0 HACoLA service areas but reflects the priority in addressing issues of fair housing. • Segregation • Racially or ethnically concentrated areas of poverty (R/ECAPs) • Disparities in Access to Opportunity • Disproportionate Housing Needs • Discrimination or violations of civil rights laws or regulations related to housing Program H 14 in Section 9.5 describes actions the City will take to affirmatively further fair housing during the planning period. 7.2.b Packet Pg. 110 9-56 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-2 Seismic Hazard Zones 7.2.b Packet Pg. 111 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-57 9.0 Figure 9-3 Fire Hazard Zones 7.2.b Packet Pg. 112 9-58 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-4 Racial Demographics Figure 9-5 Poverty Status 7.2.b Packet Pg. 113 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-59 9.0 Figure 9-6 Racially or Ethnically Concentrated Areas of Poverty Figure 9-7 Disability Status 7.2.b Packet Pg. 114 9-60 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-8 TCAC/HCD Opportunity Map 7.2.b Packet Pg. 115 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-61 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.b Packet Pg. 116 9-62 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.b Packet Pg. 117 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-63 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.b Packet Pg. 118 9-64 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" 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.b Packet Pg. 119 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-65 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 H ome Park Preservation There are two mobile home parks in Diamond Bar, both located in the western portion of the City: Diamond Bar Estates and Walnut Creek Estates. These mobile home parks were developed before incorporation of the City on land previously designated as Industrial under the County's jurisdiction. The 2040 Diamond Bar General Plan Land Use Map 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. 7.2.b Packet Pg. 120 9-66 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Program H -6. First -Time Homebuyer Assistance Programs Los Angeles County offers a first-time homebuyer assistance program and Mortgage Credit Certificates. To be eligible, families must meet the specified income requirements and be able to pay a 1% down payment on their home. The City of Diamond Bar provides referral information to prospective buyers at the public counter and on the City website. 6.a Home Ownership Program (HOP) The Los Angeles County Home Ownership Program (HOP) provides zero- interest loans with no repayment due until the home is sold, transferred, or refinanced. The loan is secured by a second trust deed and a promissory note. The home must be owner-occupied for the life of the loan. 6.b Mortgage Credit Certificate (MCC) The Mortgage Credit Certificate (MCC) program is a federal program that allows qualified first-time homebuyers to take an annual credit against federal income taxes of up to 15% of the annual interest paid on the applicant's mortgage. This enables homebuyers to have more income available to qualify for a mortgage loan and make the monthly mortgage payments. The value of the MCC must be taken into consideration by the mortgage lender in underwriting the loan and may be used to adjust the borrower's federal income tax withholding. The MCC program has covenant restrictions to ensure the affordability of the participating homes for a period of 15 years. MCCs can be used in conjunction with the Home Ownership Program (HOP). Eight-year objective: The City will advertise these programs and provide information to interested homebuyers. In addition, the City will work with realtors to make them aware of these programs. Responsible agency: Community Development Department Timeline: Continuously throughout the planning period Program H -7. Senior and Workforce Housing Development With a growing portion of the City's population 65 years of age and above, Diamond Bar will continue to need housing and services for seniors. Particularly those seniors 75 years and older will begin to require housing with a supportive service component. In addition, occupations for which high housing costs make it difficult for working-age households to live in Diamond Bar include teachers, police and firefighters. Several colleges and universities are also located within commuting distance of Diamond Bar. The City will continue to coordinate with these institutions to identify potential partnership opportunities for affordable faculty/staff housing. 7.2.b Packet Pg. 121 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-67 9.0 The City will encourage the development of senior and workforce housing, including units affordable to very-low- and extremely-low-income persons as well as units with 3-4 bedrooms suitable for large families, if feasible, in several ways. First, the City will identify suitable sites for multi-family development in the Housing and Land Use Elements, including zoning to encourage and facilitate lower-cost housing options such as SROs. Second, the City will offer regulatory incentives, and/or direct financial assistance appropriate to the project when feasible. The following are among the types of incentives which may be provided: • Priority application processing • Fee waivers or deferrals • Coordination with off-site infrastructure improvements • Flexible development standards • Density bonuses • Annual outreach to solicit interest from affordable housing developers • City support to developers in affordable housing funding applications. It must be recognized that the City’s ability to offer direct financial subsidies is limited. The City has no local source of housing assistance funds, and its CDBG revenue is only about $232,000 per year currently (see Section 9.3 for further discussion of the City’s financial resources). Given these financial limitations, the City’s primary efforts to encourage and facilitate affordable housing production are through its land use regulations and staff support to interested developers in applying for grant funds, and cooperation with the Los Angeles County Development Authority (LACDA) on its assistance programs. Pursuant to the City's Affordable Housing Incentives Ordinance, the City provides modified development standards, including parking reductions, for senior and affordable projects. A portion of the City's CDBG funds can be used to help finance senior and workforce housing projects. New housing developments in Diamond Bar may also be eligible for funding sources identified in Section 9.3, Resources and Opportunities. Typically, local assistance can serve as gap financing to bridge the difference between the total project cost and the equity investment plus debt. Eight-year objective: The City will identify sites suitable for new senior and workforce housing and post information on the City website throughout the planning period regarding the City's interest in assisting in the development of senior and workforce housing, provide information on available regulatory and financial incentives, solicit interest from affordable housing developers annually 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 7.2.b Packet Pg. 122 9-68 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Timeline: Continuously Annual outreach to affordable housing developers; throughout the planning period Provide Adequate Sites to Accommodate the City’s Share of Regional Housing Need A major element in meeting the housing needs of all segments of the community is the provision of adequate sites for all types, sizes and prices of housing. The City's General Plan, Development Code and specific plans describe where housing may be built, thereby affecting the availability of land for residential development. Specific housing sites are identified in Appendix B. Program H -8. Land Use Element and Development Regulations The City completed a comprehensive update to the General Plan in 2019. The Land Use Element of the General Plan, as discussed previously in Section 9.3, provides for a variety of housing types in Diamond Bar, with densities ranging up to 30 dwelling units per acre. In addition, the new General Plan established several “focus areas” where additional development and redevelopment are encouraged, including multi-family residential and mixed-use. As described in Appendix B, General Plan land use designations provide adequate capacity to accommodate the City’s RHNA allocation at all income levels for the 2021-2029 period. The City is currently processing amendments to the Development Code to align development regulations with new General Plan land use designations. and Zoning amendments for sites listed in Appendix B will accommodate 100 percent of the shortfall of sites necessary to accommodate the remaining housing need, including a minimum of 107.7 acres allowing densities of at least 30 units/acre with appropriate development standards to encourage maximum allowable densities. Zoning will 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 7.2.b Packet Pg. 123 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-69 9.0 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, and all regulations and fees will continue to be posted on the City website and updated continuously in compliance with transparency requirements. 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. As part of the new specific plans for the Town Center, Neighborhood Mixed Use and Transit-Oriented Mixed Use focus areas the City will evaluate the feasibility of establishing affordability requirements in exchange for development incentives. Development on any site listed in Appendix B that proposes to demolish existing housing units shall be subject to a policy requiring the replacement of affordable units as a condition of any development on the site pursuant to Government Code §65583.2(g)(3). Replacement requirements shall be consistent with those set forth in §65915(c)(3). State law (Gov. Code, § 65589.7) requires water and sewer service providers to establish specific procedures to grant priority water and sewer service to developments with units affordable to lower-income households. The City will immediately deliver the adopted housing element to water and sewer 7.2.b Packet Pg. 124 9-70 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 service providers with a cover memo describing the City’s housing element, including the City’s housing needs and regional housing need. 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 amendments within three years of Housing Element adoption to provide adequate sites to accommodate the RHNA. update land use regulations consistent with the 2040 General Plan. Update all regulations and fees on the City website annually throughout the planning period. Notify water and sewer providers immediately upon adoption of the Housing Element. Responsible agency: Community Development Department Timeline: Development Code amendments within three years of Housing Element adoptionby October 2024 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 • 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 7.2.b Packet Pg. 125 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-71 9.0 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/Suppor tive Housing for Persons with Special Needs Senate Bill 2 of 2007 strengthened planning requirements for emergency shelters and transitional/supportive housing. The Development Code allows emergency shelters by-right in the Light Industry (I) zone in compliance with SB 2 and also allows transitional and supportive housing as a residential use subject to the same standards as other residential uses of the same type in the same zone. In 2018 AB 2162 amended State law to require that supportive housing be a use by-right in zones where multi-family and mixed uses are permitted, including non-residential zones permitting multi-family uses, if the proposed housing development meets specified criteria. AB 101 (2019) added the requirement that low barrier navigation centers meeting specified standards be allowed by-right in areas zoned for mixed use and in non-residential zones permitting multi-family uses pursuant to Government Code §65660 et seq. The City is currently processing a Development Code amendment to allow supportive housing and low barrier navigation centers consistent with State law and to replace or modify the CUP requirement to provide greater objectivity and development certainty for residential care facilities serving 7 or more persons. 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. 7.2.b Packet Pg. 126 9-72 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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 and large residential care facilities 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 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 7.2.b Packet Pg. 127 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-73 9.0 identifying issues early in the process before extensive engineering and architectural design work has been done. While the intent of the City’s development review process is to ensure that new projects comply with policies and regulations, the time required for project review has the effect of adding to the overall cost of housing. For some housing projects, cities are limited to ministerial permit review based on objective standards in order to minimize processing time. As part of the comprehensive Development Code update (see also Program H-8) the City will implement improvements to development review procedures, such as through the use of objective standards and/or administrative review, in order to reduce processing time and increasing development certainty for housing development projects, particularly those that include units affordable to low- and moderate-income households. Consistent with new transparency laws, zoning, development standards and fees will also 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 continue to 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; comprehensive Development Code update by October 2024. 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. Eight-year objectives: 7.2.b Packet Pg. 128 9-74 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 • Continue directing fair housing inquiries to the Housing Rights Center. • Continue to support the provision of housing for persons with disabilities. • Post information regarding fair housing and facilitate a presentation every two years about services available through the County CDC, Housing Rights Center and the City. • In cooperation with the Housing Rights Center, contact low-income apartment complexes to provide education and materials about the Section 8 program including multi-lingual materials. • Publish links to fair housing information on the City website and via social media. • Ensure that all development applications are considered, reviewed, and approved without prejudice to the proposed residents, contingent on the development application’s compliance with all entitlement requirements. • Accommodate persons with disabilities who seek reasonable waiver or modification of land use controls and/or development standards pursuant to procedures and criteria set forth in the applicable development regulations. • Work with the County to implement the regional Analysis of Impediments to Fair Housing Choice and HUD Consolidated Plan. • Facilitate public education and outreach by posting informational flyers on fair housing at public counters, libraries, and on the City’s website. • Conduct public meetings at suitable times, accessible to persons with disabilities, and near public transit. Resources will be invested to provide interpretation and translation services when requested at public meetings when feasible. • Encourage community and stakeholder engagement during development decisions. Eight-year objective: The City will continue to promote fair housing practices, provide educational information on fair housing to the public, and cooperate with the Greater Los Angeles Apartment Association in providing fair housing information to landlords and at libraries, senior centers, recreation centers, and Social Security and employment offices. The City will continue to refer fair housing complaints to the Housing Rights Center. Responsible agency: Community Development Department; Housing Rights Center Timeline: Throughout the planning period Program H -15. Reasonable Accommodation for Persons with Disabilities State law requires cities to remove constraints or make reasonable accommodations for housing occupied by persons with disabilities. The City will continue to implementhas adopted procedures for reviewing and 7.2.b Packet Pg. 129 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-75 9.0 approving requests for reasonable housing accommodations pursuant to State law. To ensure that these procedures do not inadvertently act as a constraint on persons with disabilities, the City will revise the criteria for approval of requests for reasonable accommodations to provide greater objectivity and certainty. Eight-year objective: The City will continue to implementRevise reasonable accommodation procedures for persons with disabilities in compliance with State law in 2022. Responsible agency: Community Development Department Timeline: Code amendment in 2022Throughout the planning period Table 9-35: Quantified Objectives 2021-2029, Diamond Bar Income Category Totals Ex. Low V. Low Low Mod Above Mod New constructiona 422 422 434 437 806 2,521 Rehabilitation 5 5 10 20 - 40 Conservationb - 30 82 37 - 149 a Quantified objective for new construction is for the period 7/1/2021 – 10/15/2029 per the RHNA projection period b The Seasons senior apartments 7.2.b Packet Pg. 130 9-76 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Appendix A Evaluation of the Prior Housing Element Section 65588(a) of the Government Code requires that jurisdictions evaluate the effectiveness of the existing Housing Element, the appropriateness of goals, objectives and policies, and the progress in implementing programs for the previous planning period. This appendix summarizes the results of the City’s review of the housing goals, policies, and programs of the previous Housing Element, and evaluates the degree to which these programs have been implemented during the previous planning period. As discussed in Section 9.4-Constraints, the City adopted a new General Plan in 2019. As part of this Housing Element update, the goals and policies of the previous Housing Element were reviewed for consistency with the new General Plan and current State housing law, and Policy H-P-3.2 was updated to reflect the new emphasis on mixed-use development in the General Plan Focus Areas. All programs were also reviewed and updated to reflect current circumstances, including the needs assessment and potential constraints, and the evaluation of City progress in implementing prior programs. Table A-1 summarizes the programs contained in the previous Housing Element along with program objectives, timeframe and accomplishments. Table A-2 presents the City’s progress toward the quantified objectives from the previous Housing Element. 7.2.b Packet Pg. 131 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-77 9.0 Table A-1 2013-2021 Housing Element Program Evaluation City of Diamond Bar Housing Program Program Objectives Timeframe Implementation Status and Future Actions 1. Residential Neighborhood Improvement Program Proactive program conducts neighborhood inspections on a regular basis throughout the entire city/focused code enforcement linked with rehabilitation assistance to correct code violations. Ongoing The City continues to operate the code enforcement program. This program is successful and is being continued. Code enforcement cases have increased in number and complexity during the 2013-2021 planning period due to factors including aging housing stock and the declining financial resources of longtime residents. Staff presented these findings to the Neighborhood Improvement Committee (a subcommittee of the City Council) during the planning period, which eventually led to funding for a new, fulltime code enforcement officer position as part of the FY 2022/23 City budget. The code enforcement officers and building inspectors are typically the first public officials to learn which homeowners lack the financial resources to correct property maintenance violations, and in the process, become aware of other deferred maintenance issues. The officers carry copies of the City’s Home Improvement Program (HIP) brochures and inform homeowners potentially in need of assistance that the City offers no-interest, deferred loans for essential home repairs. 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 City allocates at least $100,000 of its annual CDBG award to the Home Improvement Program. The HIP provides zero-interest loans of up to $20,000 to low- and very-low-income homeowners, which do not need to be repaid unless the home is sold or refinanced. There is a waiting list of pre-screened applicants, and HIP loans are processed in the order received. During the previous planning period, $848,685 in CDBG funding was allocated to the HIP, of which $536,766 was used to issue 27 loans. 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. Handouts are available at the public counter and 7.2.b Packet Pg. 132 Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-78 Housing Program Program Objectives Timeframe Implementation Status and Future Actions contact information is regularly provided to requestors. 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. Two mobile home parks are located near the Transit Oriented Mixed Use Focus Area, and during the 2019 General Plan update these communities were excluded from the focus area to facilitate their preservation. 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 Theseis programs helps expand home ownership and the City will continue to provide information on this County program on the City website and at public offices. 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. The City is a member of the San Gabriel Valley Regional Housing Trust (SGVRHT), which is a joint powers authority. SGVRHT’s focus is primarily on providing fundings assistance in the planning and construction of new homeless and affordable housing. The Trust provides funding and loans to help bridge funding gaps for affordable housing projects. Land Use Policies 10 and 28, which were adopted in the 2019 General Plan Update, also encourage the production of senior and workforce housing. 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 development will be initiated by 2015 as part of a comprehensive General Plan update. 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 2040. One of the key features of the new General Plan was the establishment of three new Focus Areas where substantial land use changes are planned as part of a strategy to provide walkable mixed-use activity 7.2.b Packet Pg. 133 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-79 9.0 Housing Program Program Objectives Timeframe Implementation Status and Future Actions centers. Goals and policies to promote mixed use developments are as follows: Land Use Goals 12, 14, 15, 16, 18, 19, 22, 24, 26, Land Use Policies 15, 16, 21, 23, 27, 28, 29, 35, 45; Community Character and Placemaking Goals 7, 8, 14, 17; and Circulation Goal 4. In May 2022, the City initiated preparation of the Town Center Specific Plan (TSCP), which will provide detailed zoning and development standards to facilitate residential and mixed-use development. 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. During 2017-2021 the City approved 34 ADUs and the pace of ADU production continues to accelerate, with an additional 29 ADUs in the first half of 2022. The updated ADU Ordinance has been effective in supporting the production of ADUs and provides affordable rents to low- and moderate-income households. 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. In May 2022, the City initiated preparation of the Town Center Specific Plan (TSCP), which will provide detailed zoning and development standards to facilitate residential and mixed-use development. Most of the existing development in the TCSP area consists of suburban- style single-story buildings used for retail and service commercial businesses with large parking lots, several 7.2.b Packet Pg. 134 Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-80 Housing Program Program Objectives Timeframe Implementation Status and Future Actions vacancies, and most buildings more than 30 years old. 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. City staff discusses opportunities for affordable housing and density bonuses with developers for housing projects. The most recent discussion has been for a senior condominium project in the proposed Town Center Specific Plan area. The applicant is proposing to incorporate 35% affordable units and applied for density bonus. The density bonus program is among several tools the City utilizes to facilitate affordable housing. The City is also a member of the San Gabriel Valley Regional Housing Trust (SGVRHT), which is a joint powers authority. SGVRHT’s focus is primarily on providing fundings assistance in the planning and construction of new homeless and affordable housing. The Trust provides funding and loans to help bridge funding gaps for affordable housing projects. Land Use Goal 7 and Land Use Policy 10.adopted in the 2019 General Plan Update encourage the production of affordable housing. 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. As a small city, staff is able to work closely with applicants through the review and approval process, thereby helping to expedite the entitlement process to issuance of building and zoning permits. In addition, the City has several procedures in place to minimize project review times, which include concurrent processing, pre-application reviews, and recently adopted General Plan EIR, which allows for individual projects that fall within the scope of the EIR to utilize this as environmental clearance under CEQA. Practices to streamline the issuances for residential projects such as room additions and ADUs have been implemented to eliminate the need to submit a separate application for Planning prior to applying for building permits. The pandemic accelerated 7.2.b Packet Pg. 135 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-81 9.0 Housing Program Program Objectives Timeframe Implementation Status and Future Actions implementation of online permit services, and by June 2020, applicants were able to submit applications, plans and payments entirely online. In 2022, the City received six proposals in response to an RFP for a new Enterprise Land Management system. Staff anticipates executing a Purchase and License Agreement with the most qualified vendor in the fall of 2022. This program is appropriate and will be further 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. The City continues to distribute fair housing information at the public counter through brochures, and refers fair housing related complaints to the Housing Rights Center. 17. Reasonable Accommodation for Persons with Disabilities Continue to implement reasonable accommodation procedures for persons with disabilities in compliance with SB520. Ongoing The City supports the provision of housing for disabled persons through zoning opportunities for transitional housing, reasonable accommodation procedures, and programs to facilitate affordable housing. In 2010, the City adopted an ordinance to facilitate reasonable accommodations. 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 and revised to include additional amendments to City regulations to incorporate recent changes to State law. 7.2.b Packet Pg. 136 9-82 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.b Packet Pg. 137 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-83 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) 0 0 0 12 12 Town Center Mixed Use Sites to be Rezoned (Table B-3) 303 157 247 363 1,070 Neighborhood Mixed Use Sites to be Rezoned (Table B-4) 278 139 139 168 725 Transit-Oriented Mixed Use Sites to be Rezoned (Table B-5) 286 143 53 307 790 Potential ADUs (Table B-6) 10 18 1 13 42 Total sites inventory 877 457 440 863 2,639 RHNA 2021-2029 842 433 436 805 2,516 Adequate Sites? Yes Yes Yes Yes Yes Source: City of Diamond Bar, 2021 Site Category Income Category VL Low Mod Above Mod Total 7.2.b Packet Pg. 138 9-84 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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 Approved Projects Table B-2 summarizes residential developments that have received some form of approval and will become available during the planning period. The income levels for these projects are based upon the expected sales prices or rents. Table B-2 Approved Projects Project / Location Income Category Very Low Low Moderate Above Moderate Total Custom homes (Country) - - - 12 12 Total Units - - - 12 12 Source: City of Diamond Bar, 2021 Underutilized Sites Underutilized sites with potential for additional residential development or redevelopment are listed in Tables B-3 through B-5. These sites are within the General Plan Focus Areas discussed below. Sites that allow residential or mixed-use development at a density of at least 30 units/acre are considered suitable for all income categories based on State default density, while sites allowing multi-family development at lower densitiesup to 20 units per acre were assigned to the moderate or above-moderate income categories. Single-family lots were assigned to the above-moderate category. In the Focus Areas where mixed-use development is encouraged, development intensity is also regulated by floor area ratio as described in the following chart. 7.2.b Packet Pg. 139 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-85 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, comprising approximately 45 acres located along both sides of 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 currently establishes a maximum residential density of 20.0 dwelling units per acre and a maximum 1.5 FAR for this Focus Area. However, as described below and in Program H-8, these standards will be revised as part of the Town Center Specific Plan to ensure that they facilitate residential development at the densities assumed in the sites inventory. 10 https://www.diamondbarca.gov/961/General-Plan-2040 7.2.b Packet Pg. 140 9-86 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 In April 2021, the City enlisted the assistance of the Urban Land Institute-Los Angeles (ULI-LA) to convene a technical assistance panel (TAP) to gain a better understanding of the market possibilities, implementation strategies, and design frameworks for the Town Center. The vision for the Town Center considered the challenges and benefits to the community of a project of this scope and cost. The ULI presentation at a special joint meeting of the City Council and the Planning Commission and the ULI Town Center Report can be viewed on the City’s website at https://www.diamondbarca.gov/1065/Town-Center-Development. In May 2022 the City initiated the preparation of the Town Center Specific Plan (TCSP), which will provide detailed development standards, infrastructure requirements and implementation measures for the Town Center. Program H-8 describes specific provisions that will be included in the TCSP to facilitate additional housing development consistent with the requirements of State law and the assumptions in the sites inventory (Table B-3). Most of the existing development in the TCSP area consists of suburban-style single-story buildings used for retail and service commercial businesses with large parking lots, several vacancies, and most buildings more than 30 years old. The average building FAR in this area is only 0.33. The City’s economic advisors noted that the high cost of housing in the San Gabriel Valley combined with proximity to transportation and low site utilization make this area ripe for new housing development. The City is not aware of any existing leases that would prevent development during the planning period. City staff have had several recent development inquiries from property owners in the TCSP area. The largest landowner in the Town Center has indicated its desire to redevelop a 4.7-acre property currently occupied with strip commercial buildings into a mixed-use residential project with ground floor retail. The developer has retained an architect and is working closely with the City on the TCSP. Another property owner is working closely with City staff 7.2.b Packet Pg. 141 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-87 9.0 regarding a mixed-use redevelopment of a 3.12-acre property currently occupied by a two-story office building and strip commercial. Another property owner has submitted preliminary plans for a residential project on a 1-acre site at a density of 39 units/acre. Because this area is designated for mixed-use development, the sites inventory conservatively assumes an average density of only 32 units/acre to account for properties that may not be redeveloped to their full residential potential. The TCSP will establish detailed development standards and implementation procedures to facilitate new housing and mixed-use development consistent with the assumptions in the sites inventory (Table B-3). Based on factors including development trends, property owner interest, structure age, property valuation, development capacity and high resource TCAC opportunity rating,the existing uses on the sites identified in this Focus Area to accommodate the lower- income RHNA are likely to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development. • The Neighborhood Mixed Use Focus Area encompasses approximately 30 acres and 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 a TCAC high resource rating as well as potential to benefit from its proximity to Mt. San Antonio College and Cal Poly Pomona. Excellent access to regional transportation is available, including the SR-60 and SR-57 freeways, bus routes and the Industry Metrolink Station. The 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). A new specific plan will provide detailed development standards and implementation procedures for this focus area consistent with the assumptions in the sites inventory (Table B-4). 7.2.b Packet Pg. 142 9-88 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Most of the existing development in the Neighborhood Mixed Use focus area consists of low-density single- story buildings used for offices and commercial businesses with large parking lots, several vacancies, and most buildings more than 30 years old. The average building FAR in this area is only 0.09. The high cost of housing in the San Gabriel Valley combined with proximity to transportation and low site utilization makes this area ripe for new housing development. The City is not aware of any existing leases that would prevent development during the planning period, and the City has had recent development inquiries from property owners in this area. Because this area is designated for mixed-use development, the site inventory conservatively assumes an average density of only 24 units/acre to account for properties that may not be redeveloped to their full residential potential. A specific plan will be prepared for this area to establish detailed development standards and implementation procedures to facilitate new housing and mixed- use development consistent with the assumptions in the sites inventory. Based on factors including development trends, property owner interest, structure age, property valuation, development capacity and high TCAC opportunity rating,the existing uses on the sites identified in this Focus Area to accommodate the lower-income RHNA are likely to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development. • The Transit-Oriented Mixed Use Focus Area encompasses approximately 33 acres and leverages underutilized sites adjacent to the City of Industry Metrolink commuter rail station to provide for higher-density housing, offices, and supporting commercial uses close to high-quality regional transit. This area encourages new employment and housing development in a key location that emphasizes multi- modal transportation options. The General Plan allows residential development at a density of 20.0 to 30.0 dwelling units per acre and a maximum FAR of 1.5. Most of the existing development in this area consists of low-density single-story buildings used for light manufacturing and other commercial businesses with several vacancies, and most buildings are over 30 years old. The average building FAR in this area is only 0.27. The high cost of housing in the San Gabriel 7.2.b Packet Pg. 143 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-89 9.0 Valley combined with proximity to commuter rail service and low site utilization makes this area ripe for new housing development. The City is not aware of any existing leases that would prevent development during the planning period, and the City has had recent development inquiries from property owners in this area. Because this area is designated for mixed-use development, the site inventory conservatively assumes an average density of only 24 units/acre to account for properties that may not be redeveloped to their full residential potential. A specific plan will be prepared for this area to establish detailed development standards and implementation procedures to facilitate new housing and mixed-use development consistent with the assumptions in the sites inventory (Table B-5). Based on factors including development trends, property owner interest, structure age, property valuation, development capacity and high TCAC opportunity rating,the existing uses on the sites identified in this Focus Area to accommodate the lower-income RHNA are likely to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development. 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 conservatively estimated as only 8050% of the total potential allowable number of units on each parcel based on the allowable density. 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). Even with these conservative assumptions a surplus of development opportunities will be available throughout the planning period as compared to the RHNA allocation consistent with no net loss requirements and HCD recommendations. Pursuant to Government Code §65583.2(h), zoning for the sites listed in Tables B-3, B-4 and B-5 shall ensure that: a) at least 50% of the shortfall of low- and very low-income regional housing need can be accommodated on sites designated for exclusively residential uses; or 7.2.b Packet Pg. 144 9-90 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 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. Because non-vacant sites comprise more than half of the lower-income sites inventory, Government Code Section 65583.2(g)(2) requires that the City analyze the extent to which existing uses may constitute an impediment to additional residential development, past experience in converting existing uses to higher density residential development, market trends and conditions, and regulatory or other incentives to encourage redevelopment. As part of the 2019 General Plan update, the three Focus Areas were selected based on a combination of factors indicating the likelihood of future housing development. These factors include physical underutilization; economic obsolescence of existing uses as indicated by vacancies or an improvement-to-land (I/L) value ratio less than 1.0; developer and/or property owner interest in residential or mixed-use development; avoidance of existing residential neighborhoods that could lead to displacement; and site proximity to various resources and opportunities. These conditions are documented in the previous analysis for each Focus Area and the sites inventory tables provided below. On the basis of all of these factors, the existing uses do not constitute an impediment to development and are likely to be discontinued during the planning period. 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.b Packet Pg. 145 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-91 9.0 Table B-3 Town Center Mixed Use Sites to be Rezoned AIN Address Parcel Size Existing Zoning Max Density Realistic Density Existing Use Year Built FAR I/L Ratio VL Low Mod Above Total 8281010027 23555 GOLDEN SPRINGS DR 0.53 C-2 40 32 Office Buildings 1986 0.50 2.7 4 3 3 4 13 8281010047 23525 GOLDEN SPRINGS DR 0.91 C-2 40 32 Professional Buildings 1967 0.19 2.1 7 4 4 7 22 8281010049 206 S DIAMOND BAR BLVD 0.54 C-3 40 32 Service Stations 1971 0.08 0.7 4 3 3 4 13 8281010050 218 S DIAMOND BAR BLVD 1.23 C-3 40 32 Shopping Centers (Regional) 1971 0.59 0.6 9 6 6 9 30 8281010051 240 S DIAMOND BAR BLVD 2.4 C-3 40 32 Shopping Centers (Neighborhood, community) 1970 0.63 1.5 17 12 12 17 58 8281010054 350 S DIAMOND BAR BLVD 0.56 C-3 40 32 Service Stations 1971 0.07 0.0 4 3 3 4 13 8281010057 300 S DIAMOND BAR BLVD 1.16 C-3 40 32 Shopping Centers (Neighborhood, community) 1970 1.01 7.8 8 6 6 8 28 8281010060 2.16 C-3 40 32 Parking Lots (Commercial Use Properties) 1970 1.01 0.0 16 10 10 16 52 8281010061 324 S DIAMOND BAR BLVD 0.4 C-3 40 32 Stores 1970 0.31 1.0 10 10 8281010062 334 S DIAMOND BAR BLVD 0.7 C-3 40 32 Banks Savings & Loan 1971 0.2 0.9 5 3 3 5 17 8281024052 150 S DIAMOND BAR BLVD 0.86 C-3 40 32 Service Stations 1987 0.03 0.1 6 4 4 6 21 8281024053 23525 PALOMINO DR 45E 3.24 C-2 40 32 Stores 1980 0.55 1.0 23 16 16 23 78 8717008001 121 S DIAMOND BAR BLVD 0.25 C-3 40 32 Auto, Recreation EQPT, Construction EQPT, Sales & Svc 1975 0.65 2.8 6 6 8717008002 121 S DIAMOND BAR BLVD 0.16 C-3 40 32 Auto, Recreation EQPT, Construction EQPT, Sales & Svc 1975 1.02 0.7 4 4 8717008003 141 S DIAMOND BAR BLVD 0.39 C-3 40 32 Restaurants, Cocktail Lounges 1975 0.54 1.7 9 9 8717008004 141 S DIAMOND BAR BLVD 0.33 C-3 40 32 Restaurants, Cocktail Lounges 1975 0.55 1.9 8 8 8717008005 205 S DIAMOND BAR BLVD 0.46 C-3 40 32 Restaurants, Cocktail Lounges 1975 0.57 6.8 11 11 8717008006 205 S DIAMOND BAR BLVD 0.21 C-3 40 32 Restaurants, Cocktail Lounges 1975 0.63 3.8 5 5 8717008010 0.06 C-3 40 32 Parking Lots (Commercial Use Properties) 0 0.0 1 1 8717008019 249 S DIAMOND BAR BLVD 7.24 C-3 40 32 Shopping Centers (Neighborhood, community) 1975 0.3 1.5 52 70 52 174 8717008020 235 S DIAMOND BAR BLVD 0.87 C-3 40 32 Shopping Centers (Neighborhood, community) 2017 0.11 2.3 6 4 4 6 21 8717008026 301 S DIAMOND BAR BLVD 0.18 C-3 40 32 Service Stations 1978 0.04 0.2 4 4 8717008027 301 S DIAMOND BAR BLVD 0.07 C-3 40 32 Service Stations 1978 0.09 0.1 2 2 8717008028 315 S DIAMOND BAR BLVD 0.6 C-3 40 32 Shopping Centers (Neighborhood, community) 1979 0.3 1.1 4 3 3 4 14 8717008029 303 S DIAMOND BAR BLVD 3.96 C-3 40 32 Shopping Centers (Neighborhood, community) 1979 0.17 0.8 29 9 29 29 95 8717008032 23341 GOLDEN SPRINGS DR 0.66 C-2 40 32 Office Buildings 0 0.38 1.9 5 3 3 5 16 8717008033 23347 GOLDEN SPRINGS DR 2.46 C-2 40 32 Stores 1977 0.19 0.5 18 12 12 18 59 8717008034 414 S PROSPECTORS RD 1.01 C-2 40 32 Professional Buildings 1977 0.25 1.6 7 5 5 7 24 8717008038 225 GENTLE SPRINGS LN 0.65 C-3 40 32 Restaurants, Cocktail Lounges 1979 0.15 1.1 5 3 3 5 16 8717008039 233 GENTLE SPRINGS LN 0.62 C-3 40 32 Restaurants, Cocktail Lounges 1979 0.08 0.8 4 3 3 4 15 8717008185 325 S DIAMOND BAR BLVD 4.2 C-2 40 32 Shopping Centers (Neighborhood, community) 1977 0.33 0.9 30 20 20 30 101 8717008186 379 S DIAMOND BAR BLVD 0.53 C-2 40 32 Banks Savings & Loan 1976 0.33 0.5 4 3 3 4 13 8717008187 245 GENTLE SPRINGS LN 1.33 C-3 40 32 Restaurants, Cocktail Lounges 1989 0.15 1.3 10 6 6 10 32 8717008188 259 GENTLE SPRINGS LN 2.71 C-3 40 32 Hotel & Motels 1988 0.46 2.0 20 13 13 20 65 8717008189 0.96 C-3 40 32 Commercial 0 0.0 7 5 5 7 23 Totals 44.6 303 157 247 363 1,070 Notes: General Plan designation for all parcels is Town Center Mixed Use Proposed zoning for all parcels is Specific Plan 7.2.b Packet Pg. 146 Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-92 Address APN Existing Zoning Acreage Allowable Density Existing Use Existing FAR Publicly Owned? Income Level Total Potential Units Lower Mod Above Mod 23525 GOLDEN SPRINGS DR 8281010047 C-2 0.91 20 Commercial 0.19 No 4 5 9 206 S DIAMOND BAR BLVD 8281010049 C-3 0.54 20 Commercial 0.08 No 2 3 5 218 S DIAMOND BAR BLVD 8281010050 C-3 1.23 20 Commercial 0.59 No 6 6 12 240 S DIAMOND BAR BLVD 8281010051 C-3 2.40 20 Commercial 0.63 No 11 13 24 350 S DIAMOND BAR BLVD 8281010054 C-3 0.56 20 Commercial 0.07 No 2 4 6 300 S DIAMOND BAR BLVD 8281010057 C-3 1.16 20 Commercial 1.01 No 5 7 12 Not assigned 8281010060 C-3 2.16 20 Commercial 1.01 No 10 12 22 324 S DIAMOND BAR BLVD 8281010061 C-3 0.40 20 Commercial 0.31 No 0 0 0 334 S DIAMOND BAR BLVD 8281010062 C-3 0.70 20 Commercial 0.20 No 3 4 7 150 S DIAMOND BAR BLVD 8281024052 C-3 0.86 20 Commercial 0.03 No 4 5 9 23525 PALOMINO DR NO 45E 8281024053 C-2 3.24 20 Commercial 0.55 No 16 16 32 121 S DIAMOND BAR BLVD 8717008001 C-3 0.25 20 Commercial 0.65 No 0 0 0 121 S DIAMOND BAR BLVD 8717008002 C-3 0.16 20 Commercial 1.02 No 0 0 0 141 S DIAMOND BAR BLVD 8717008003 C-3 0.39 20 Commercial 0.54 No 0 0 0 141 S DIAMOND BAR BLVD 8717008004 C-3 0.33 20 Commercial 0.55 No 0 0 0 205 S DIAMOND BAR BLVD 8717008005 C-3 0.46 20 Commercial 0.57 No 0 0 0 205 S DIAMOND BAR BLVD 8717008006 C-3 0.21 20 Commercial 0.63 No 0 0 0 Not assigned 8717008010 C-3 0.06 20 Commercial 0.00 No 0 0 0 249 S DIAMOND BAR BLVD 8717008019 C-3 7.24 20 Commercial 0.30 No 36 36 72 235 S DIAMOND BAR BLVD 8717008020 C-3 0.87 20 Commercial 0.11 No 4 5 9 301 S DIAMOND BAR BLVD 8717008026 C-3 0.18 20 Commercial 0.04 No 0 0 0 301 S DIAMOND BAR BLVD 8717008027 C-3 0.07 20 Commercial 0.09 No 0 0 0 315 S DIAMOND BAR BLVD 8717008028 C-3 0.60 20 Commercial 0.30 No 3 3 6 303 S DIAMOND BAR BLVD 8717008029 C-3 3.96 20 Commercial 0.17 No 19 21 40 23341 GOLDEN SPRINGS DR 8717008032 C-2 0.66 20 Commercial 0.38 No 3 4 7 23347 GOLDEN SPRINGS DR 8717008033 C-2 2.46 20 Commercial 0.19 No 12 13 25 414 S PROSPECTORS RD 8717008034 C-2 1.01 20 Commercial 0.25 No 5 5 10 225 GENTLE SPRINGS LN 8717008038 C-3 0.65 20 Commercial 0.15 No 3 4 7 233 GENTLE SPRINGS LN 8717008039 C-3 0.62 20 Commercial 0.08 No 3 3 6 325 S DIAMOND BAR BLVD 8717008185 C-2 4.20 20 Commercial 0.33 No 20 22 42 379 S DIAMOND BAR BLVD 8717008186 C-2 0.53 20 Commercial 0.33 No 2 3 5 245 GENTLE SPRINGS LN 8717008187 C-3 1.33 20 Commercial 0.15 No 6 7 13 259 GENTLE SPRINGS LN 8717008188 C-3 2.71 20 Commercial 0.46 No 13 14 27 Not assigned 8717008189 C-3 0.96 20 Commercial 0.00 No 4 6 10 Not assigned 8717008902 C-3 0.02 20 Commercial 0.00 No 0 0 0 Not assigned 8717008903 C-3 0.14 20 Commercial 0.00 No 0 0 0 Totals 44.2 196 215 411 Notes: 1. The General Plan designation for all parcels is Town Center Mixed Use 2. Allowable density based on current General Plan and proposed zoning standards 3. Parcels less than 0.5 acre are excluded from unit totals 4.1. Total capacity estimated as 50% of allowable residential units 7.2.b Packet Pg. 147 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-93 9.0 Table B-4 Neighborhood Mixed Use Sites to be Rezoned AIN Address Parcel Size Existing Zoning Max Density Realistic Density Existing Use Year Built FAR I/L Ratio VL Low Mod Above Total 8706001001 574 N DIAMOND BAR BLVD 0.8 OP 30 24 Store Combination 1968 0.08 2.0 8 4 4 4 19 8706001003 542 N DIAMOND BAR BLVD 0.3 OP 30 24 Restaurants, Cocktail Lounges 1974 0.17 1.2 7 7 8706001004 530 N DIAMOND BAR BLVD 0.4 OP 30 24 Stores 1968 0.17 0.7 10 10 8706001007 504 N DIAMOND BAR BLVD 0.5 OP 30 24 Service Stations 1986 0.05 0.1 5 2 2 2 12 8706001008 23425 SUNSET CROSSING 1.2 OP 30 24 Churches 1979 0.3 1.2 12 6 6 6 29 8706001013 554 N DIAMOND BAR BLVD 0.5 OP 30 24 Auto, Recreation EQPT, Construction EQPT, Sales & Svc 1986 0.19 0.5 5 2 2 2 12 8706001014 556 N DIAMOND BAR BLVD 2.8 OP 30 24 Office Buildings 1987 0.39 1.7 27 13 13 13 67 8706001015 520 N DIAMOND BAR BLVD 0.4 OP 30 24 Restaurants, Cocktail Lounges 1973 0.09 0.8 10 10 8706001016 506 N DIAMOND BAR BLVD 0.8 OP 30 24 Stores 1973 0.2 2.5 8 4 4 4 19 8706001800 0.1 OP 30 24 Industrial 0 0.0 2 2 8706002012 732 N DIAMOND BAR BLVD 1.1 OP 30 24 Office Buildings 1987 0.35 3.6 11 5 5 5 26 8706002015 780 N DIAMOND BAR BLVD 1 OP 30 24 Auto, Recreation EQPT, Construction EQPT, Sales & Svc 1986 0.32 0.9 10 5 5 5 24 8706002016 796 N DIAMOND BAR BLVD 1.1 OP 30 24 Auto, Recreation EQPT, Construction EQPT, Sales & Svc 1986 0.3 0.8 11 5 5 5 26 8706002021 900 N DIAMOND BAR BLVD 4.3 OP 30 24 Shopping Centers (Neighborhood, community) 1980 0.73 0.2 41 21 21 21 103 8706002022 990 N DIAMOND BAR BLVD 0.9 OP 30 24 Stores 1980 0.96 0.5 9 4 4 4 22 8706002027 600-730 N DIAMOND BAR BL 5.1 OP 30 24 Office Buildings 1982 0.01 1.5 49 24 24 24 122 8706002055 750 N DIAMOND BAR BLVD 2.1 OP 30 24 Professional Buildings 1981 0.4 0.7 20 10 10 10 50 8706002056 800 N DIAMOND BAR BLVD 5.4 OP 30 24 Shopping Center 1982 0.72 0.7 52 26 26 26 130 8706002058 660 N DIAMOND BAR BLVD 1.4 OP 30 24 Office Buildings 1982 0.02 1.0 13 7 7 7 34 30.2 278 139 139 168 725 Notes: The General Plan designation for all parcels is Neighborhood Mixed Use Proposed zoning is Specific Plan Address APN Existing Zoning Acres Allowable Density Existing Use Existing FAR Publicly Owned? Lower Mod Above Mod Estimated Total Units4 574 N DIAMOND BAR BLVD 8706001001 OP 0.8 30 Commercial 0.08 No 3 1 8 12 542 N DIAMOND BAR BLVD 8706001003 OP 0.3 30 Commercial 0.17 No 0 0 0 0 530 N DIAMOND BAR BLVD 8706001004 OP 0.4 30 Commercial 0.17 No 0 0 0 0 504 N DIAMOND BAR BLVD 8706001007 OP 0.5 30 Commercial 0.05 No 0 0 0 0 23425 SUNSET CROSSING RD 8706001008 OP 1.2 30 Commercial 0.30 No 5 1 12 18 554 N DIAMOND BAR BLVD 8706001013 OP 0.5 30 Commercial 0.19 No 2 0 6 8 556 N DIAMOND BAR BLVD 8706001014 OP 2.8 30 Commercial 0.39 No 12 4 26 42 520 N DIAMOND BAR BLVD 8706001015 OP 0.4 30 Commercial 0.09 No 0 0 0 0 506 N DIAMOND BAR BLVD 8706001016 OP 0.8 30 Commercial 0.20 No 3 1 8 12 554 N DIAMOND BAR BLVD 8706001800 OP 0.1 30 Commercial 0.00 No 0 0 0 0 732 N DIAMOND BAR BLVD 8706002012 OP 1.1 30 Commercial 0.35 No 4 1 11 16 780 N DIAMOND BAR BLVD 8706002015 OP 1.0 30 Commercial 0.32 No 4 1 11 16 796 N DIAMOND BAR BLVD 8706002016 OP 1.1 30 Commercial 0.30 No 4 1 12 17 7.2.b Packet Pg. 148 Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-94 Address APN Existing Zoning Acres Allowable Density Existing Use Existing FAR Publicly Owned? Lower Mod Above Mod Estimated Total Units4 900 N DIAMOND BAR BLVD 8706002021 OP 4.3 30 Commercial 0.73 No 19 6 39 64 990 N DIAMOND BAR BLVD 8706002022 OP 0.9 30 Commercial 0.96 No 4 1 9 14 600 N DIAMOND BAR BLVD UNIT 1B 8706002027 OP 5.1 30 Commercial 0.01 No 23 7 47 77 600 N DIAMOND BAR BLVD UNIT 1A 8706002028 OP 5.1 30 Commercial 0.01 No 23 7 47 77 612 N DIAMOND BAR BLVD 8706002029 OP 5.1 30 Commercial 0.01 No 23 7 47 77 618 N DIAMOND BAR BLVD 8706002030 OP 5.1 30 Commercial 0.01 No 23 7 47 77 620 N DIAMOND BAR BLVD UNIT 4B 8706002031 OP 5.1 30 Commercial 0.01 No 23 7 47 77 620 N DIAMOND BAR BLVD UNIT 4A 8706002032 OP 5.1 30 Commercial 0.01 No 23 7 47 77 628 N DIAMOND BAR BLVD UNIT 5A 8706002033 OP 5.1 30 Commercial 0.01 No 23 7 47 77 628 N DIAMOND BAR BLVD UNIT 5B 8706002034 OP 5.1 30 Commercial 0.01 No 23 7 47 77 634 N DIAMOND BAR BLVD UNIT 6A 8706002035 OP 5.1 30 Commercial 0.01 No 23 7 47 77 634 N DIAMOND BAR BLVD UNIT 6B 8706002036 OP 5.1 30 Commercial 0.01 No 23 7 47 77 640 N DIAMOND BAR BLVD UNIT 7B 8706002037 OP 5.1 30 Commercial 0.01 No 23 7 47 77 640 N DIAMOND BAR BLVD NO 7A 8706002038 OP 5.1 30 Commercial 0.01 No 23 7 47 77 646 N DIAMOND BAR BLVD UNIT 8A 8706002039 OP 5.1 30 Commercial 0.01 No 23 7 47 77 646 N DIAMOND BAR BLVD UNIT 8B 8706002040 OP 5.1 30 Commercial 0.01 No 23 7 47 77 654 N DIAMOND BAR BLVD UNIT 9B 8706002041 OP 5.1 30 Commercial 0.01 No 23 7 47 77 654 N DIAMOND BAR BLVD UNIT 9A 8706002042 OP 5.1 30 Commercial 0.01 No 23 7 47 77 700 N DIAMOND BAR BLVD UNIT 10A 8706002043 OP 5.1 30 Commercial 0.01 No 23 7 47 77 700 N DIAMOND BAR BLVD UNIT 10B 8706002044 OP 5.1 30 Commercial 0.01 No 23 7 47 77 706 N DIAMOND BAR BLVD UNIT 11B 8706002045 OP 5.1 30 Commercial 0.01 No 23 7 47 77 706 N DIAMOND BAR BLVD UNIT 11A 8706002046 OP 5.1 30 Commercial 0.01 No 23 7 47 77 712 N DIAMOND BAR BLVD UNIT 12A 8706002047 OP 5.1 30 Commercial 0.01 No 23 7 47 77 712 N DIAMOND BAR BLVD UNIT 12B 8706002048 OP 5.1 30 Commercial 0.01 No 23 7 47 77 718 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 7.2.b Packet Pg. 149 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-95 9.0 Address APN Existing Zoning Acres Allowable Density Existing Use Existing FAR Publicly Owned? Lower Mod Above Mod Estimated Total Units4 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 4.1. Site capacity estimated as 50% of allowable residential units 7.2.b Packet Pg. 150 Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-96 Table B-5 Transit-Oriented Mixed-Use Sites to be Rezoned AIN Address Parcel Size Max Density Realistic Density Existing Use Year Built FAR I/L Ratio VL Low Mod Above Total 8719010009 21035 WASHINGTON AVE 3.5 30 24 Warehousing, Distribution, Storage 1986 0.2 0.7 34 17 17 17 84 8719010023 680 BREA CANYON RD 0.9 30 24 Office Buildings 2015 0.05 8.3 9 4 4 4 22 8719010035 618 BREA CANYON RD 1.7 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1986 0.04 3.0 16 8 8 8 41 8760021005 655 BREA CANYON RD 18.7 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1969 0.01 12.4 180 90 180 449 8760027001 20955 LYCOMING ST 1 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.12 0.4 10 5 5 5 24 8760027002 20955 LYCOMING ST 0.4 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.78 1.3 10 10 8760027003 780 PINEFALLS AVE 0.5 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.47 1.2 5 2 2 2 12 8760027004 760 PINEFALLS AVE 0.4 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.52 1.3 10 10 8760027005 750 PINEFALLS AVE 0.6 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.43 2.4 6 3 3 3 14 8760027006 755 PINEFALLS AVE 0.8 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.34 2.2 8 4 4 4 19 8760027007 761 PINEFALLS AVE 0.3 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.52 6.7 7 7 8760027008 773 PINEFALLS AVE 0.1 30 24 Warehousing, Distribution, Storage 1981 1.47 2.7 2 2 8760027009 773 PINEFALLS AVE 0.2 30 24 Warehousing, Distribution, Storage 1981 0.07 2.0 5 5 8760027010 787 PINEFALLS AVE 0.4 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.45 1.5 10 10 8760027011 770 PENARTH AVE 0.4 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.43 1.9 10 10 8760027012 766 PENARTH AVE 0.3 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.45 1.6 7 7 8760027013 750 PENARTH AVE 0.8 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.35 1.5 8 4 4 4 19 8760027014 751 PENARTH AVE 0.8 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.33 2.8 8 4 4 4 19 8760027015 761 PENARTH AVE 0.2 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.49 1.0 5 5 8760027016 767 PENARTH AVE 0.1 30 24 Warehousing, Distribution, Storage 1981 2.35 0.2 2 2 8760027017 767 PENARTH AVE 0.3 30 24 Warehousing, Distribution, Storage 1981 0.03 1.2 7 7 8760027018 771 PENARTH AVE 0.5 30 24 Lgt Manf.Sm. EQPT. Manuf Sm.Shps Instr.Manuf. Prnt Plnts 1981 0.43 1.9 5 2 2 2 12 Totals 32.9 286 143 53 307 790 Notes: The General Plan designation for all parcels is Transit Oriented Mixed Use Current zoning designation for all parcels is Light Industrial Proposed zoning is Specific Plan Address APN Existing Zoning Acres Allowable Density Existing Use Existing FAR Publicly Owned? Lower Mod Above Mod Estimated Total Units 21035 WASHINGTON AVE 8719010009 I: Light Industrial 3.5 30 Commercial 0.20 No 26 26 52 680 BREA CANYON RD 100 8719010023 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 14 680 BREA CANYON RD 158 8719010024 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 14 680 BREA CANYON RD 168 8719010025 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 14 680 BREA CANYON RD 178 8719010026 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 14 680 BREA CANYON RD 188 8719010027 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 14 680 BREA CANYON RD 200 8719010028 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 14 680 BREA CANYON RD 208 8719010029 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 14 680 BREA CANYON RD 258 8719010030 I: Light Industrial 0.9 30 Commercial 0.04 No 7 7 14 680 BREA CANYON RD 268 8719010031 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 14 680 BREA CANYON RD 278 8719010032 I: Light Industrial 0.9 30 Commercial 0.03 No 7 7 14 680 BREA CANYON RD 8719010033 I: Light Industrial 0.9 30 Commercial 0.05 No 7 7 14 7.2.b Packet Pg. 151 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-97 9.0 Address APN Existing Zoning Acres Allowable Density Existing Use Existing FAR Publicly Owned? Lower Mod Above Mod Estimated Total Units 618 BREA CANYON RD UNIT A 8719010035 I: Light Industrial 1.7 30 Commercial 0.04 No 13 13 25 618 BREA CANYON RD UNIT B 8719010036 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 25 618 BREA CANYON RD C 8719010037 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 25 618 BREA CANYON RD D 8719010038 I: Light Industrial 1.7 30 Commercial 0.04 No 13 13 25 618 BREA CANYON RD E 8719010039 I: Light Industrial 1.7 30 Commercial 0.04 No 13 13 25 618 BREA CANYON RD F 8719010040 I: Light Industrial 1.7 30 Commercial 0.03 No 13 13 25 618 BREA CANYON RD G 8719010041 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 25 618 BREA CANYON RD H 8719010042 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 25 618 BREA CANYON RD I 8719010043 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 25 618 BREA CANYON RD J 8719010044 I: Light Industrial 1.7 30 Commercial 0.02 No 13 13 25 655 BREA CANYON RD 8760021005 I: Light Industrial 18.7 30 Commercial 0.01 No 140 140 280 20955 LYCOMING ST 8760027001 I: Light Industrial 1.0 30 Commercial 0.12 No 8 8 15 20955 LYCOMING ST 8760027002 I: Light Industrial 0.4 30 Commercial 0.78 No 0 0 0 780 PINEFALLS AVE 8760027003 I: Light Industrial 0.5 30 Commercial 0.47 No 0 0 0 760 PINEFALLS AVE 8760027004 I: Light Industrial 0.4 30 Commercial 0.52 No 0 0 0 750 PINEFALLS AVE 8760027005 I: Light Industrial 0.6 30 Commercial 0.43 No 4 4 9 755 PINEFALLS AVE 8760027006 I: Light Industrial 0.8 30 Commercial 0.34 No 6 6 12 761 PINEFALLS AVE 8760027007 I: Light Industrial 0.3 30 Commercial 0.52 No 0 0 0 773 PINEFALLS AVE 8760027008 I: Light Industrial 0.1 30 Commercial 1.47 No 0 0 0 773 PINEFALLS AVE 8760027009 I: Light Industrial 0.2 30 Commercial 0.07 No 0 0 0 787 PINEFALLS AVE 8760027010 I: Light Industrial 0.4 30 Commercial 0.45 No 0 0 0 770 PENARTH AVE 8760027011 I: Light Industrial 0.4 30 Commercial 0.43 No 0 0 0 766 PENARTH AVE 8760027012 I: Light Industrial 0.3 30 Commercial 0.45 No 0 0 0 750 PENARTH AVE 8760027013 I: Light Industrial 0.8 30 Commercial 0.35 No 6 6 12 751 PENARTH AVE 8760027014 I: Light Industrial 0.8 30 Commercial 0.33 No 6 6 12 761 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 4.1. Total capacity estimated as 50% of allowable residential units 7.2.b Packet Pg. 152 9-98 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure B-1 Sites Inventory Map 7.2.b Packet Pg. 153 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-99 9.0 Figure B-2a Town Center Mixed Use Area Map Source: Figure 3-3: Town Center Mixed-Use Focus Area Concept Illustration; Diamond Bar General Plan 2040 7.2.b Packet Pg. 154 9-100 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure B-2b Neighborhood Mixed Use Area Map Source: Figure 3-2: Neighborhood Mixed-Use Focus Area Concept Illustration; Diamond Bar General Plan 2040 7.2.b Packet Pg. 155 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-101 9.0 Figure B-2c Transit-Oriented Mixed Use Area Map Source: Figure 3-4: Transit-Oriented Mixed-Use Focus Area Concept Illustration; Diamond Bar General Plan 2040 7.2.b Packet Pg. 156 9-102 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Potential Accessory Dwelling Units Accessory dwelling units (ADUs) represent a significant opportunity for affordable housing, particularly for single persons or small households including the elderly, college students, young adults, and caregivers. Recent changes in State law have made the construction of ADUs more feasible for homeowners, and the City has seen an increase in ADU development applications recently. Table B-6 shows ADU permit trends during 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.b Packet Pg. 157 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-103 9.0 Appendix C Public Participation Summary Public participation is an important component of the planning process, and this update to the Housing Element has provided residents and other interested stakeholders numerous opportunities to provide comments and recommendations. Early in the update process a Housing Element web page was created on the City website12 and a Housing Element Frequently Asked Questions was prepared (Figure C-1) and posted on the website. A stakeholder list was also compiled including persons and organizations representing the interests of lower-income households and persons with disabilities and other special needs (see Table C-1). An online survey was also conducted to solicit public comments on housing issues. The survey was provided in English, Chinese and Korean. The most common survey responses included _______________________________. 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 groupsthe list of stakeholders. 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 were made available by the City and may also be easily translated into other languages via free web applications such as Translate.Google.com. Real-time transcription of the meetings were available using web applications such as Live Transcribe or Live Caption. The initial public meeting for the Housing Element update was a joint study session conducted by the City Council and the Planning Commission on January 26, 2021. The purpose of the meeting was to introduce the Housing Element update process to the community and City decision-makers. The presentation included State 12 https://www.diamondbarca.gov/963/Housing-Element-Update 7.2.b Packet Pg. 158 9-104 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 requirements, an overview of the Housing Element update process, key housing issues to be addressed, current housing needs, the Regional Housing Needs Assessment, potential constraints to housing, and opportunities for public participation. Comments during the study session included the high cost of housing and the difficulty of young people who grew up in Diamond Bar to be able to afford housing and stay in the community, the importance of affordable housing for essential workers who serve the community, and the importance of higher density to encourage a variety of housing. The initial draft Housing Element was then prepared and posted for public review on March 18, 2021. The draft element was reviewed by the Planning Commission at a public meeting on March 23, 2021 and by the City Council at a public meeting on April 6, 2021. Public comments at those meetings mentioned the problems caused by the high cost of housing, questions of whether streets and other infrastructure can accommodate the amount of additional housing development called for in the RHNA, the effects on housing prices caused by forces beyond the control of city government such as housing investors, and support for mixed use development and inclusionary requirements. The draft Housing Element was submitted to the Department of Housing and Community Development (HCD) for review on April 8, 2021 and HCD’s comments were provided on June 3, 2021. 7.2.b Packet Pg. 159 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-105 9.0 After receiving comments on the draft Housing Element from the State Housing and Community Development DepartmentHCD, a revised draft Housing Element was prepared and posted for public review on October 6, 2021. A public hearing was conducted by the Planning Commission on October 13, 2021 to review the revised draft Housing Element and solicit public comments. The staff report for the Planning Commission hearing included HCD’s comments on the draft Housing Element and a summary of the City’s responses to HCD comments, which were posted for public review prior to the hearing. At the conclusion of the hearing the Planning Commission adopted a recommendation for City Council approval of the Housing Element. The City Council conducted a public hearing on November 2, 2021 to review HCD comments and the revised draft Housing Element. At the conclusion of the hearing the City Council adopted a resolution approving the Housing Element. Public comments made during the Planning Commission and City Council hearings included concerns for the high cost of housing and the importance of encouraging a variety of housing to allow the next generation to live in Diamond Bar. A summary of public comments and responses is provided in Table C-2. Comments were incorporated into the draft Housing Element where appropriate, as indicated in Table C-2. During preparation of the Housing Element update, the City received written comments from Abundant Housing LA, the Los Angeles County Sanitation District, Responsible Land Use, Mitchell Tsai, an attorney representing the Southwest Regional Council of Carpenters, and California YIMBY. Copies of those letters are provided below. As noted in Appendix B (Sites Inventory), one of the most important Housing Element implementation actions is the preparation of a Specific Plan for the Town Center focus area. Work on the Town Center Specific Plan began in April 2021 when the Urban Land Institute-Los Angeles (ULI-LA) convened a technical assistance panel (TAP) to explore market possibilities, implementation strategies, and design frameworks for the Diamond Bar Town Center. The vision presented included the challenges and benefits to the community of a project of this scope and cost. The ULI presentation at a special joint meeting of the City Council and the Planning Commission and the ULI Town Center Report can be viewed on the City’s website at https://www.diamondbarca.gov/1065/Town-Center-Development. After the completion of the ULI study the City initiated preparation of the Specific Plan, which will provide detailed development standards and implementation procedures for the Town Center. A robust public participation process was initiated with a community workshop held on July 21, 2022. This Specific Plan process is seen as an extension of the Housing Element update due to its importance in creating the regulatory framework to encourage additional housing production over the next 8 years. A website has been established to enable interested persons to review materials and provide comments throughout the specific plan process. 7.2.b Packet Pg. 160 9-106 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 proposed final Housing Element was prepared and made available for public review prior to adoption by the City Council. The following is a list of opportunities for public involvement in the preparation of this Housing Element update. Joint Planning Commission/City Council study session January 26, 2021 Planning Commission hearing to review Draft Housing Element March 23, 2021 City Council hearing to review Draft Housing Element April 6, 2021 Planning Commission hearing October 13, 2021 City Council hearing November 2, 2021 A list of interested parties that were notified of meetings is provided in Table C-1 and a summary of comments and responses is provided in Table C-2. Comments were incorporated into the draft Housing Element where appropriate. 7.2.b Packet Pg. 161 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-107 9.0 Figure C-1 Housing Element FAQ 7.2.b Packet Pg. 162 9-108 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 163 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-109 9.0 7.2.b Packet Pg. 164 9-110 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 165 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-111 9.0 7.2.b Packet Pg. 166 9-112 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 167 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-113 9.0 7.2.b Packet Pg. 168 9-114 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.b Packet Pg. 169 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-115 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.b Packet Pg. 170 9-116 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.b Packet Pg. 171 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-117 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.b Packet Pg. 172 9-118 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 programs contained in this Housing Element are intended to address the housing crisis to the extent the City has the ability to do so. The housing market is strongly influenced by investors Yes, many factors contribute to housing problems that are beyond the City’s control, such as housing speculators and investors. 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. Programs H-7, H-8 and H-9 include the preparation of new specific plans in three focus areas to create opportunities for additional housing development and many other actions to facilitate affordable housing development. 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 among experts for and against such policies, and each city must evaluate whether inclusionary requirements are appropriate. Program H-8 includes a commitment to evaluate the feasibility of establishing affordability requirements in exchange for development incentives. 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. As part of future specific plans (see Program H-8) transportation and other public infrastructure needs will be addressed. 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. (see Programs H-8 and H-9) 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. The sites inventory should Include the HCD- recommended buffer of at least 15-30% extra As noted in Appendix B, the sites inventory only assumes 50% of allowable units, and sites smaller 7.2.b Packet Pg. 173 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-119 9.0 Comment Response capacity in order to avoid violating the No Net Loss requirement than ½ acre have not been counted in the total capacity in order to ensure a substantial buffer as compared to the RHNA. Lower-income sites should be located in high opportunity areas to affirmatively further fair housing. As noted in Appendix B and Appendix D, all of the sites are located in areas identified by TCAC as high or moderate resource. Housing element updates should use an HCD- recommended “safe harbor” methodology for forecasting future ADU production. The ADU estimate in the sites inventory (Appendix B) is based on HCD methodology. The Southwest Regional Council of Carpenters recommends that the City require housing projects to require local hire and use of a skilled and trained workforce to build such projects. The City understands SRCC’s desire to maximize the use of union labor in housing developments and the potential air quality benefits of local hire policies. While such requirements would benefit SRCC’s members, such requirements would also increase the cost of housing. Development should not permanently displace current residents. Housing replacement programs, temporary housing vouchers, right of return, and demolition controls will create stability for renters while allowing new homes to be built for new households and to accommodate the growth associated with RHNA. In your sites inventory and rezoning programs, you should prioritize development on sites with owner-occupied housing & commercial uses over those with existing rent- controlled apartments or other rental housing with lower income residents. As noted in Appendix B (Sites Inventory) none of the sites identified for future housing development are occupied by residential uses; therefore, no displacement of existing residents will occur. The housing element should identify opportunities to create a variety of for-sale housing types and create programs to facilitate property ownership among excluded groups. The Housing Element supports home ownership through first-time homebuyer programs (Program H- 6) as well as through the expansion of housing and mixed-use development opportunities (Programs H- 7, H-8 and H-9). Ensure that a site’s density will accommodate the number of homes that are projected to be built. In addition, make sure height limits, setback requirements, FAR, and other controls allow for adequate density and the ability to achieve a site’s realistic capacity. This density should be emphasized around jobs and transit and should go beyond the Mullin density in those areas. As described in Appendix B (Sites Inventory) the City is preparing new specific plans for focus areas where higher-density development is proposed. The specific plans will include development standards such as height and FAR to facilitate development at the densities assumed in the sites inventory (Programs H-7, H-8 and H-9). Allow residential to be built in areas that are zoned for commercial use. As described in Appendix B (Sites Inventory) the City is preparing new specific plans for focus areas where higher-density residential development is proposed. These focus areas are currently zoned for commercial use (Programs H-8 and H-9). 7.2.b Packet Pg. 174 9-120 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 175 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-121 9.0 7.2.b Packet Pg. 176 9-122 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 177 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-123 9.0 7.2.b Packet Pg. 178 9-124 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 179 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-125 9.0 7.2.b Packet Pg. 180 9-126 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 181 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-127 9.0 7.2.b Packet Pg. 182 9-128 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 183 HOUSING ELEMENT Diamond Bar General Plan 2040 │ 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Pg. 194 9-140 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 195 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-141 9.0 7.2.b Packet Pg. 196 9-142 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 197 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-143 9.0 7.2.b Packet Pg. 198 9-144 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 199 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-145 9.0 7.2.b Packet Pg. 200 9-146 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 201 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-147 9.0 7.2.b Packet Pg. 202 9-148 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 203 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-149 9.0 7.2.b Packet Pg. 204 9-150 HOUSING ELEMENT 2021-2029 │ Diamond 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ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-161 9.0 7.2.b Packet Pg. 216 9-162 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 217 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-163 9.0 7.2.b Packet Pg. 218 9-164 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 219 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-165 9.0 7.2.b Packet Pg. 220 9-166 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 221 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-167 9.0 7.2.b Packet Pg. 222 9-168 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 223 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-169 9.0 7.2.b Packet Pg. 224 9-170 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 225 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-171 9.0 7.2.b Packet Pg. 226 9-172 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 227 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-173 9.0 7.2.b Packet Pg. 228 9-174 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 229 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-175 9.0 7.2.b Packet Pg. 230 9-176 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 7.2.b Packet Pg. 231 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-177 9.0 Appendix D Fair Housing Assessment O verview Assembly Bill 686, signed in 2018, establishes a statewide framework to affirmatively further fair housing (AFFH) with the goal of achieving better economic and health outcomes for all Californians through equitable housing policies. AB 686 requires cities and counties to take deliberate actions to foster inclusive communities, advance fair and equal housing choice, and address racial and economic disparities through local policies and programs. Housing elements are now required to address the following five components: • Inclusive and Equitable Outreach: A summary of fair housing outreach and capacity that includes all economic segments of the community. • Assessment of Fair Housing: An assessment of fair housing issues, including integration and segregation patterns, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs. • Analysis of Sites Inventory: An evaluation of whether the sites inventory improve or exacerbate conditions for fair housing. • Identification of Contributing Factors: The identification and prioritization of contributing factors related to fair housing issue. • Priorities, Goals, and Actions to AFFH: The identification of fair housing goals and actions that directly address the contributing factors outlined above. The housing element should include metrics and milestones for evaluating progress and fair housing results. Outreach The City of Diamond Bar is a participating city in the Los Angeles County Community Development Block Grant (CDBG) Program. As part of the CDBG program, Los Angeles County and the Housing Authority of the County of Los Angeles (HACoLA) prepared an Analysis of Impediments to Fair Housing Choice (AI) in 2018. The AI utilized a variety of community participation tools to evaluate fair housing issues including interviews, focus groups, community meetings and a fair housing survey. Issues addressed in the outreach efforts included disabilities and access, education, employment, transportation, and healthy neighborhoods. Findings from this outreach program are incorporated into the analysis of fair housing issues, contributing factors and recommended actions discussed below. As discussed in Appendix C, the City held a total of fiveseries of public meetings during the Housing Element update in an effort to include all segments of the community. Meetings included informal workshops as well as in addition to the standard public hearings process. Notices prior to each meeting were sent directly 7.2.b Packet Pg. 232 9-178 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 to persons and organizations with expertise in affordable housing, supportive services and fair housing. Interested parties had the opportunity to interact with City staff throughout the Housing Element update process and provide direct feedback regarding fair housing issues. The City also created a dedicated web page for the Housing Element update (www.diamondbarca.gov/963/Housing-Element-Update) where meeting notices and agenda materials, an FAQ, and background information were posted. The City also provided opportunities for interested persons to participate in public meetings remotely, which made it possible for those with disabilities limiting their mobility to participate and comment on the Housing Element regardless of their ability to attend the meetings in person. To expand access to persons who are not fluent in English, the City website offers a Spanish translation option and translation to other languages is available through online translation tools. Over the course of the Housing Element update the City received written comments from the following four organizations: • Abundant Housing LA (10/23/2020) • Los Angeles County Sanitation District (1/26/2021) • Responsible Land Use, a non-profit, public benefit group (3/23/2021) • Mitchell M. Tsai, Attorney for Southwest Regional Council of Carpenters (10/11/2021) Only one of these four commentors – Abundant Housing LA (AHLA) – mentioned fair housing in its letter. AHLA’s comments related to fair housing are summarized as follows: Comment: The sites inventory analysis should “Prioritizing high-opportunity census tracts and well-resourced areas (e.g., near transit, jobs, schools, parks, etc.) when selecting sites for lower-income housing opportunities, in order to affirmatively further fair housing. Housing elements must prioritize high-opportunity census tracts and well-resourced areas (e.g. near transit, jobs, schools, parks, etc.) when selecting sites for lower-income housing opportunities, in order to affirmatively further fair housing.” (AHLA, p. 2 & 5) These comments are addressed in the Diamond Bar 2040 General Plan and Housing Program H-8, which includes a commitment to amend development regulations consistent with the General Plan to allow higher densities in several Focus Areas described in Housing Element Section 9.4 and in Appendix B, the sites inventory. As recommended by AHLA, the Focus Areas are located near transit, jobs, schools and parks and provide the best opportunities for new affordable housing because existing single-family residential areas are fully developed. This rezoning strategy therefore affirmatively furthers fair housing in Diamond Bar. Comment: “Diamond Bar’s history details examples of how housing policy and land use regulations were once used to exclude members of minority groups. Redlining and restrictive covenants, which restricted where Black Americans could live, were 7.2.b Packet Pg. 233 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-179 9.0 once commonplace throughout Los Angeles County. Thankfully, Diamond Bar is more welcoming today; 18% of the city’s population is Hispanic and 56% of the city’s population is Asian-American9. However, exclusion continues on the basis of income: the median home sale price in Diamond Bar was $660,000 in 201810, and 51% of the city’s renters are “rent-burdened” (i.e. they spend more than 30% of their income on rent). High housing costs place a disproportionate burden on lower- income communities of color, and have the effect of excluding them from the city altogether. It is important to note that Diamond Bar incorporated in 1989 and by that time, the primarily low-density land use pattern of the city had already been established by development approved by Los Angeles County. While the City had no involvement in discriminatory real estate practices that may have occurred before its incorporation, the City’s forward-looking land use initiatives such as the General Plan Focus Areas will create significant opportunities for new affordable housing and address past patterns of discrimination. ADUs also create substantial opportunities for affordable housing in high-opportunity single-family neighborhoods. As described in Program H-14, the City will continue to support the fair housing efforts of the Housing Rights Center and through the following activities: • Ensure that all development applications are considered, reviewed, and approved without prejudice to the proposed residents, contingent on the development application’s compliance with all entitlement requirements. • Accommodate persons with disabilities who seek reasonable waiver or modification of land use controls and/or development standards pursuant to procedures and criteria set forth in the applicable development regulations. • Work with the County to implement the regional Analysis of Impediments to Fair Housing Choice and HUD Consolidated Plan. • Facilitate public education and outreach by posting informational flyers on fair housing at public counters, libraries, and on the City’s website. • Conduct public meetings at suitable times, accessible to persons with disabilities, and near public transit. Resources will be invested to provide interpretation and translation services when requested at public meetings when feasible. • Encourage community and stakeholder engagement during development decisions. Assessment of Fair Housing This section provides an assessment of fair housing issues in Diamond Bar including fair housing enforcement and outreach capacity, patterns of integration and segregation, racial or ethnic patterns of concentration, disparities in access to opportunities, and disproportionate housing needs, including displacement risk. 7.2.b Packet Pg. 234 9-180 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 A. Fair Housing Enforcement and Outreach Capacity Fair housing complaints can be an indicator of housing discrimination. Fair housing issues can arise through discrimination against an individual based on disability, race, national origin, familial status, disability, religion, or sex when renting or selling a dwelling unit. The U.S. Department of Housing and Urban Development’s (HUD) Office of Fair Housing and Equal Opportunity (FHEO) is the federal agency responsible for eliminating housing discrimination, promote economic opportunity, and achieve diverse, inclusive communities. FHEO services and activities include investigating fair housing complaints, conducting compliance reviews, ensuring civil rights in HUD programs, and managing fair housing grants. Locally, the City partners with the Housing Rights Center (HRC) to investigate fair housing complaints. HRC is a non-profit, approved by HUD, that works with local government offices to ensure Fair Housing laws are upheld. HRC provides various services to Los Angeles County stakeholders, including tenant/landlord mediation, credit counseling, and fair housing training and workshops. The City does not have any pending lawsuits, enforcement actions, judgements, settlements, or findings related to fair housing and civil rights. The City does not have any local fair housing laws. The City provides residents with fair housing information by posting links to fair housing organizations on the City’s website. HCD AFFH data reported a Fair Housing Enforcement and Outreach (FHEO) inquiry rate of less than 0.25 per 1,000 persons for the 2013-2021 period in Diamond Bar. The Constraints section of this Housing Element describes ways that the City works to address potential impediments to fair housing choice. The City continues to work cooperatively with the HRC to implement the regional Fair Housing Plan (AI) and to offer fair housing services and tenant/landlord counseling to residents. Program H- 14 in the Housing Plan includes a commitment to continue to ensure that fair housing information and links to service providers are available through the City’s website, as well as the City’s promotion and distribution of fair housing and anti- displacement resources to residents, especially those at-risk of displacement. B. Patterns of Integration and Segregation 1) Race and Ethnicity As seen in Figure 9-2, the percentage of non-White population in Diamond Bar ranges between 40% and 80% and is similar to most of the surrounding areas. Racial characteristics for the larger San Gabriel Valley area are illustrated in Figure 9-3. These maps indicate that there are no significant non-White population concentrations in Diamond Bar. 7.2.b Packet Pg. 235 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-181 9.0 Figure 9-2 Racial Demographics – Diamond Bar Figure 9-3 Racial Demographics – San Gabriel Valley Area 2) Persons with Disabilities As shown in Figure 9-4, disability rates in most areas of Diamond Bar are less than 10%. In the northern portion of the city, north of the SR-60 freeway, disability rates 7.2.b Packet Pg. 236 9-182 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 are slightly higher (10% to 20%). These disability rates are similar to the surrounding areas with the exception of a small area in Pomona immediately north of Diamond Bar that is part of the Cal Poly Pomona campus (formerly the Lanterman Developmental Center). Disability data for the larger San Gabriel Valley area are shown in Figure 9-5. Additional information regarding persons with disabilities by disability type in Diamond Bar is provided in Table 9-19, Table 9-20 and Table 9-21 of the Housing Needs Assessment. Some individuals may experience more than one disability, and some disability types are not recorded for children below a certain age. The California Department of Developmental Services (DDS) estimates that there are approximately 925 persons with developmental disabilities within Diamond Bar. Figure 9-4 Population with a Disability – Diamond Bar 7.2.b Packet Pg. 237 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-183 9.0 Figure 9-5 Population with a Disability – San Gabriel Valley The housing needs of persons with disabilities vary, but generally include accessible and affordable housing, and access to supportive services. More severely disabled individuals may require a group living environment where supervision is provided, and the most severely affected individuals may require an institutional environment where medical attention and physical therapy are provided. The City of Diamond Bar facilitates housing for persons with disabilities through programs to provide reasonable accommodation and regulations to encourage production of supportive housing and residential care facilities. 3) Familial Status Familial status refers to the presence of children under the age of 18, whether the child is biologically related to the head of household, and the martial status of the head of households. Families with children may face housing discrimination by landlords who fear that children will cause property damage. Some landlords may have cultural biases against children of the opposite sex sharing a bedroom. Differential treatments such as limiting the number of children in a complex or confining children to a specific location are also fair housing concerns. Single-parent households are also protected by fair housing law. Female-headed households with children require special consideration and assistance because of their greater need for affordable housing and accessible day care, health care, and other supportive services. As discussed in the Housing Needs Assessment, approximately 13% of Covina households are female-headed (compared to 14% in 7.2.b Packet Pg. 238 9-184 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 the SCAG region), 4% are female-headed and with children (compared to 7% in the SCAG region), and 0.3% are female-headed and with children under 6 (compared to 1% in the SCAG region). Figure 9-6 shows the percentage of children living in married couple households in Covina while Figure 9-7 shows similar data for the San Gabriel Valley region as a whole. In most areas of Diamond Bar, more than 80% of children live in married couple families, although within the area north of Grand Avenue, east of Diamond Bar Boulevard and south of SR-60 that proportion is 60% to 80%. These percentages are similar to the region as a whole and do not indicate any concentrations according to familial status. Figure 9-6 Percentage of Children in Married Couple Families – Diamond Bar 7.2.b Packet Pg. 239 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-185 9.0 Figure 9-7 Percentage of Children in Married Couple Families – San Gabriel Valley 4) Income Identifying low/moderate-income (LMI) areas is an important aspect in understanding patterns of segregation. HUD defines a LMI area as a Census tract or block group where over 51 percent of the population is LMI (based on HUD income definition of up to 80 percent of the AMI). Figure 9-8 shows that the highest concentrations of LMI households (50-75%) are found in the central area of the city along Diamond Bar Boulevard and north of SR-60. There are no tracts where the LMI percentage is higher than 75%. For the larger San Gabriel Valley area, higher LMI concentrations are generally located in the western part of the valley and in Pomona (Figure 9-9). 7.2.b Packet Pg. 240 9-186 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-8 Low to Moderate Income Population – Diamond Bar Figure 9-9 Low to Moderate Income Population – San Gabriel Valley 7.2.b Packet Pg. 241 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-187 9.0 Figure 9-10 Percentage of Population Below Poverty Level – Diamond Bar Figure 9-11 Percentage of Population Below Poverty Level – San Gabriel Valley As seen in Figure 9-10, the percentage of the Diamond Bar population below the poverty level is less than 10% in all areas except a small area near SR-60 in the 7.2.b Packet Pg. 242 9-188 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 western portion of the city. Poverty characteristics in Diamond Bar are similar to the San Gabriel Valley area as a whole (Figure 9-11). Programs in the Housing Plan that specifically target assistance for households with lower incomes include H-2 Home Improvement, H-3 Section 8 Rental Assistance, H-4 Preservation of Assisted Housing, H-5 Mobile Home Park Preservation, H-7 Senior and Workforce Housing Development, H-8 Land Use Element and Development Regulations, H-10 Accessory Dwelling Units, H-11 Housing for Persons with Special Needs, H-12 Affordable Housing Incentives/Density Bonus, and H-14 Affirmatively Furthering Fair Housing. C. Racially/Ethnically Concentrated Areas 1) Racially/Concentrated Areas of Poverty According to HUD, a racially or ethnically concentrated area of poverty (R/ECAP) is an area in which 50 percent or more of the population identifies as non-White and 40 percent or more of residents are living in poverty. As shown in Figure 9-12, there are no designated R/ECAP areas in Diamond Bar. The nearest R/ECAP areas to Diamond Bar is located in Pomona to the north. R/ECAP areas in the larger San Gabriel Valley area are illustrated in Figure 9-13. Figure 9-12 Racially or Ethnically Concentrated Areas of Poverty – Diamond Bar 7.2.b Packet Pg. 243 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-189 9.0 Figure 9-13 Racially or Ethnically Concentrated Areas of Poverty– San Gabriel Valley 2) Racially/Concentrated Areas of Affluence According to the Housing and Community Development AFFH Guidance Memo, “segregation is a continuum, with polarity between race, poverty, and affluence, which can be a direct product of the same policies and practices.” Therefore, both sides of the continuum must be examined. While HCD does not provide a standard definition for RCAAs and the HCD Data Viewer does not currently provide RCAA maps, available data regarding the percentage White population and median household income can provide insight into racially concentrated areas of affluence. Table D-1 compares the median household incomes of White/non-Hispanic residents in Diamond Bar and Los Angeles County as a whole to the median incomes for all households in the city and county. This table shows that in Diamond Bar, the median income for non-Hispanic White households is about 6% higher than for the city’s population as a whole. Countywide, the median income for non- Hispanic White households is about 28% higher than for the population as a whole. These data suggest that there is much less racial concentration of affluence in Diamond Bar than in Los Angeles County as a whole. Table D-1. Median Household Income by Race – Diamond Bar and Los Angeles County Median Household Income Diamond Bar Los Angeles County White Alone (not Hispanic) All Households $105,203 $99,083 $91,323 $71,358 7.2.b Packet Pg. 244 9-190 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Median Household Income Diamond Bar Los Angeles County Source: U.S. Census ACS 2016-2020 B19013 (all) B19013H (white alone, not Hispanic) D. Disparities in Access to Opportunity 1) Overview California housing law requires cities to analyze disparities in access to opportunity as part of the fair housing assessment. The California Tax Allocation Committee (TCAC) and the California Department of Housing and Community Development (HCD) have developed maps showing access to various types of opportunities such as education, economic, transportation, and environmental indicators. 2) Educational Opportunity Diamond Bar is divided between the Pomona Unified School District and the Walnut Valley Unified School District. As shown in Figure 9-14, TCAC educational opportunity scores are high in the southern portions of the city (>0.75) and somewhat lower in the northern portion of the city. Figure 9-15 shows educational opportunity scores in Diamond Bar in the context of the larger San Gabriel Valley area. The County AI describes overall school proficiency in the Urban County Area in relation to race and ethnicity. White and Asian residents generally have greater access to proficient schools, particularly in Santa Monica and Glendora, while Black and Hispanic residents living in Palmdale, Inglewood, and Montebello lived among schools with the lowest levels of proficiency within the Urban County area. The largest concentration of low scores are found near Downtown Los Angeles. 7.2.b Packet Pg. 245 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-191 9.0 Figure 9-14 TCAC Education Opportunity Areas – Diamond Bar Figure 9-15 TCAC Education Opportunity Areas – San Gabriel Valley 7.2.b Packet Pg. 246 9-192 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 3) Economic Opportunity Two factors in measuring the Economic Opportunity Score are job proximity and labor market engagement. In Diamond Bar, economic opportunity scores are high in most portions of the city with the highest scores (>0.75) found in the southern portions of the city. A small area in the eastern portion of the city adjacent to SR-60 shows somewhat lower scores (Figure 9-16). The County AI reported that economic opportunity scores for the Urban County area were similar for Whites, Black, and Asian/Pacific Islander while the score for Hispanics was slightly lower. However, labor market engagement index values were significantly higher for Whites and Asian/Pacific Islanders compared to African Americans and Hispanics. Figure 9-17 shows economic opportunity scores in Diamond Bar in the context of the larger San Gabriel Valley area. Figure 9-16 TCAC Economic Opportunity Areas – Diamond Bar 7.2.b Packet Pg. 247 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-193 9.0 Figure 9-17 TCAC Economic Opportunity Areas – San Gabriel Valley 4) Transportation Opportunity Public transportation access in the San Gabriel Valley area is shown in Figure 9-18. In addition to bus routes, rail service is available on the western edge of Diamond Bar at the City of Industry Metrolink Station. As discussed in Appendix B (Sites Inventory) the TOD Focus Area immediately adjacent to the Industry Metrolink Station encourages high-density residential and mixed-use development in this area to promote the use of public transportation. Figure 9-18 : San Gabriel Valley Transit Service Map 7.2.b Packet Pg. 248 9-194 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 According to the County AI, the transit trip index for the Urban County area shows little disparity among the racial or ethnic classes. 5) Environmental Opportunities Environmental opportunity scores are related to potential exposure to harmful toxins and are based on EPA estimates of air quality carcinogenic, respiratory and neurological toxins. Higher index value means less exposure to toxins. In Diamond Bar, the highest environmental opportunity scores are found in the southern and eastern portions of the city (Figure 9-19) while neighborhoods in the northern portions of the city show lower scores. Environmental opportunity in Diamond Bar in the context of the larger San Gabriel Valley area is shown in Figure 9-20. 7.2.b Packet Pg. 249 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-195 9.0 Figure 9-19 TCAC Environmental Opportunity Areas – Diamond Bar Figure 9-20 TCAC Environmental Opportunity Areas – San Gabriel Valley 7.2.b Packet Pg. 250 9-196 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 6) Disadvantaged Communities Senate Bill 1000 (SB 1000) requires cities with identified disadvantaged communities (DACs) to include environmental justice goals and policies in the General Plan. Per SB 1000, the California EPA uses CalEnviroScreen, a mapping tool to identify disadvantaged communities. CalEnviroScreen examines various indicators to characterize pollution and socioeconomic factors. As seen in Figure 9-21 below, there are no areas classified as a disadvantaged community in Diamond Bar. The nearest disadvantaged communities are located in Pomona to the northeast and Industry to the west (Figure 9-22). Figure 9-21 Disadvantaged Community Areas – Diamond Bar 7.2.b Packet Pg. 251 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-197 9.0 Figure 9-22 Disadvantaged Community Areas – San Gabriel Valley E. Disproportionate Housing Needs and Displacement Risk The AFFH Rule Guidebook (24 C.F.R. § 5.152) defines “disproportionate housing needs” as “a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing needs when compared to the proportion of a member of any other relevant groups or the total population experiencing the category of housing need in the applicable geographic area.” The analysis is completed by assessing cost burden, overcrowding, and substandard housing. In addition, this analysis examines homelessness and displacement risk. 1) Cost Burden (Overpayment) A household is considered cost-burdened if it spends more than 30 percent of its income in housing costs, including utilities. Reducing housing cost burden can also help foster more inclusive communities and increase access to opportunities for persons of color, persons with disabilities, and other protected classes. Recent estimates for overpayment by tenure and income category for Diamond Bar residents (Figure 9-23) show that overpayment is much more frequent for households at the extremely-low and very-low income levels than those households in higher income categories. The impact of housing overpayment on lower-income households is particularly significant for special needs populations – seniors, persons with disabilities, and female-headed households with children. Figure 9-23 Cost Burden by Tenure and Income – Diamond Bar 7.2.b Packet Pg. 252 9-198 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 As shown in Figure 9-24, overpayment among renters is most prevalent in the northern and west-central portions of the city where 60% to 80% of renters are overpaying for housing. Overpayment among Diamond Bar renters in the context of the larger San Gabriel Valley area is shown in Figure 9-25. Figure 9-24 Overpayment by Renters – Diamond Bar 7.2.b Packet Pg. 253 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-199 9.0 Figure 9-25 Overpayment by Renters – San Gabriel Valley Overpayment rates among Diamond Bar homeowners ranges from 20% to 60%, although higher overpayment rates (over 40%) are generally found in the eastern and southern portions of the city (Figure 9-26). Rates of overpayment among homeowners in Diamond Bar are shown in the context of the larger San Gabriel Valley in Figure 9-27. 7.2.b Packet Pg. 254 9-200 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-26 Overpayment by Owners – Diamond Bar Figure 9-27 Overpayment by Owners – San Gabriel Valley Programs in the Housing Plan that address the problems of overpayment include H- 3 Section 8 Rental Assistance, H-4 Preservation of Assisted Housing, H-5 Mobile Home Park Preservation, H-7 Senior and Workforce Housing Development, H-8 Land Use 7.2.b Packet Pg. 255 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-201 9.0 Element and Development Regulations, H-10 Accessory Dwelling Units, H-11 Housing for Persons with Special Needs, H-12 Affordable Housing Incentives/Density Bonus, and H-14 Affirmatively Furthering Fair Housing. 2) Overcrowding “Overcrowding” is defined as a housing unit occupied by more than 1.01 persons per room (excluding kitchens, porches, and hallways). A unit with more than 1.51 occupants per room is considered “severely overcrowded.” The incidence of overcrowded housing is a general measure of whether there is an available supply of adequately sized housing units. Overcrowding is also related to overpayment, because households may not be able to afford a large enough home to accommodate their needs. Overcrowding can lead to a variety of other problems such as lower educational performance among children, psychological stress and adverse health impacts. There are no areas in Diamond Bar where the incidence of overcrowding is above the statewide average of 8.2% (Error! Reference source not found.). When viewed in the context of the larger San Gabriel Valley area, higher rates of overcrowding are seen in areas further to the west as well as in the Pomona area to the northeast. Figure 9-28 Overcrowding – Diamond Bar 7.2.b Packet Pg. 256 9-202 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Figure 9-29 Overcrowding – San Gabriel Valley Programs in the Housing Plan that address the problems of overcrowding include H- 3 Section 8 Rental Assistance, H-4 Preservation of Assisted Housing, H-5 Mobile Home Park Preservation, H-7 Senior and Workforce Housing Development, H-8 Land Use Element and Development Regulations, H-10 Accessory Dwelling Units, H-11 Housing for Persons with Special Needs, H-12 Affordable Housing Incentives/Density Bonus, and H-14 Affirmatively Furthering Fair Housing. 3) Substandard Housing The age of a housing unit is often an indicator of housing conditions. Housing units without proper maintenance can deteriorate over time. Housing units built before 1970 are the most likely to need rehabilitation and to have lead-based paint in 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. Housing over 50 years old is considered aged and is more likely to exhibit a need for major repairs. Additionally, older units may not be built to current building standards for fire and earthquake safety. The age of housing units in Diamond Bar compared to the SCAG region as a whole is shown in Figure 9-30. This table indicates that only about 22% of housing units in Diamond were constructed before 1970. This suggests that the need for housing rehabilitation is likely less than in many cities in Los Angeles County. For older homes in need of rehabilitation, Program H-2 Home Improvement offers funding assistance to low- to moderate-income homeowners for home repairs. 7.2.b Packet Pg. 257 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-203 9.0 Figure 9-30 : Age of Housing Units – Diamond Bar vs. SCAG Region 4) Homelessness 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. In 1995 the San Gabriel Valley Consortium on Homelessness was created to help the region develop a strong regional response to the needs of the growing homeless population. The Consortium has a focus on facilitating partnerships, educating the community and member agencies, and advocating for appropriate services. In 2019, the Consortium reset its direction to a more concentrated effort to support and build capacity for local service providers. The San Gabriel Valley Council of Governments (COG) is another regional agency that also addresses regional homelessness issues. As a member agency in the San Gabriel Valley COG, Diamond Bar cooperates with its sister cities to address the issue of homelessness. The City of Diamond Bar 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 (Housing for Persons with Special Needs) describes specific City actions to address the issue of homelessness. 5) Displacement Risk 7.2.b Packet Pg. 258 9-204 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 In 2016, the Urban Displacement Project13 team developed a neighborhood change database to help stakeholders better understand where neighborhood transformations are occurring and to identify areas that are vulnerable to gentrification and displacement in Southern California. The database includes Los Angeles, Orange, and San Diego counties, with gentrification and sociodemographic indicators based on data from the Census Bureau American Community Survey and shows whether each Census tract gentrified between 1990 and 2000; gentrified between 2000 and 2015; gentrified during both of these periods; or exhibited characteristics of a “disadvantaged” tract that did not gentrify between 1990 and 2015. Based on this neighborhood change database, the team found that the areas most susceptible to displacement in the San Gabriel Valley are portions of Pasadena, Altadena, Monrovia and Duarte, as well as the cities in the southern portion of the Valley. Figure 9-31 shows the displacement typology levels for Diamond Bar and surrounding areas. Substantial portions of the eastern and southern areas of the city are characterized as Stable/Advanced Exclusive while other portions of the city are characterized as Stable Moderate/Mixed Income or At Risk of Becoming Exclusive. Figure 9-31 : Displacement Typology – Diamond Bar In order to reduce the displacement 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 to 13 https://www.urbandisplacement.org/maps/los-angeles-gentrification-and-displacement/ 7.2.b Packet Pg. 259 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-205 9.0 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 public hearing. In addition, Program H-8 Land Use Element and Development Regulations includes a commitment to ensure compliance with legal protections and replacement housing requirements as set forth in Government Code §65915(c)(3) for existing tenants who may be displaced by new developments. As discussed in the Housing Needs Assessment, there are no assisted low-income rental housing developments in Diamond Bar that are at risk of conversion to market rate in the next 10 years. F. Sites Inventory Analysis The City’s inventory of sites for potential housing is presented in Appendix B. The inventory is comprised of approved or pending projects, vacant or non-vacant underutilized sites in three designated Focus Areas, and future ADUs. As with most cities in the metro areas of Southern California, vacant developable land is very rare, and underutilized sites – particularly commercially-zoned land – provide the majority of future housing development capacity. As shown in Appendix B, the largest component of the sites inventory is located within three General Plan Focus Areas. • The Town Center Focus Area comprises approximately 45 acres of land located along Diamond Bar Boulevard between SR-60 and Golden Springs Drive. The area is currently developed with suburban-style commercial uses, and is envisioned as a higher-density mixed-use area to provide housing, entertainment and retail opportunities and community gathering spaces in a walkable environment. As seen in Figure 9-32, this area is designated High Resource in the HCD/TCAC composite opportunity map and would provide significant housing opportunities to facilitate economic and social mobility. Shortly after completion of the General Plan update, the City began work to implement the General Plan vision for the Town Center. In April 2021, the City enlisted the assistance of the Urban Land Institute-Los Angeles (ULI-LA) to commence a technical assistance panel (TAP) to gain a better understanding of the market possibilities, implementation strategies, and design frameworks to consider as it plans the Diamond Bar Town Center. Following completion of the ULI study the City initiated the preparation of a specific plan, which will provide detailed development regulations, infrastructure plans and implementation procedures to encourage and facilitate housing and mixed-use development in the Town Center during the planning period. • The Neighborhood Mixed Use Focus Area is located on the east side of Diamond Bar Boulevard between the SR-60 interchange and Highland Valley Road approximately one mile north of the Town Center Focus Area. This area is currently developed with low-density commercial and office uses and is 7.2.b Packet Pg. 260 9-206 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 envisioned as a higher-intensity combination of residential and ancillary neighborhood-serving retail and service uses. This neighborhood is designated High Resource in the TCAC/HCD composite opportunity map and is enhanced by its proximity to Mt. San Antonio College and Cal Poly Pomona. • The Transit-Oriented Mixed Use Focus Area is currently developed with low- density underutilized commercial and light industrial uses adjacent to the Industry Metrolink commuter rail station and is intended to provide higher- density housing, offices, and supporting commercial uses close to multi-modal transit opportunities. 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. This area is designated by the TCAC/HCD opportunity maps as High Resource. Figure 9-32 : TCAC Opportunity Areas Composite Score – Diamond Bar While former commercial and light industrial areas provide the largest component of the potential residential inventory, it is important to recognize that existing 7.2.b Packet Pg. 261 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-207 9.0 residential neighborhoods also provide substantial potential for new housing in areas of higher opportunity through ADUs and SB 9 urban lot splits. 4. Contributing Factors, Goals, Policies and Actions The Housing Element AFFH analysis must include an identification and prioritization of significant contributing factors to segregation, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs. “Fair housing contributing factor” means a factor that creates, contributes to, perpetuates, or increases the severity of one or more fair housing issues. Contributing factors should be based on all the prior efforts and analyses: outreach, assessment of fair housing, and site inventory. Contributing factors must also be prioritized in terms of needed impact on fair housing choice and strongly connect to goals and actions. The City of Diamond Bar was a participating city with the County of Los Angeles in the preparation of the 2018 Analysis of Impediments to Fair Housing Choice (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. The fair housing assessment prepared as part of this Housing Element update considers the findings of the AI as well as other issues described above, and the City has identified fair housing issues and contributing factors as well as meaningful actions to address those issues as described in Table D-1 below. Program H 14 in Section 9.5 describes meaningful actions the City will take to affirmatively further fair housing during the planning period. 7.2.b Packet Pg. 262 9-208 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Table D-2 Fair Housing Issues, Contributing Factors and Meaningful Actions Fair Housing Issue Contributing Factor Priority Meaningful Action Fair Housing Outreach Some residents who are in need of fair housing resources, including low-income households, persons with disabilities, racial/ethnic minorities and other protected classes, may be unaware of the fair housing resources that are available. Although information about fair housing services is posted on the City website and in public offices, more could be done to make this information available. High • Continue directing fair housing inquiries to the Housing Rights Center. • Continue to support the provision of housing for persons with disabilities. • Post information regarding fair housing and conduct a presentation every two years about services available through the County CDC, Housing Rights Center and the City. • In cooperation with the Housing Rights Center, contact low-income apartment complexes to provide education and materials about the Section 8 program including multi-lingual materials. • Publish links to fair housing information on the City website and via social media. Access to Opportunity Lack of access to opportunity due to high housing costs is a significant contributing factor to fair housing throughout the San Gabriel Valley area. Most areas of Diamond Bar are rated “High” or “Highest” resource. Increasing housing opportunities in areas with good opportunity make it easier for lower-income households to access the types of services and amenities that further social mobility. High Several programs in the Housing Plan are intended to improve access to opportunity, including: • Programs H-3: Section 8 Rental Assistance, H-4: Preservation of Assisted Housing and H- 5: Mobile Home Park Preservation improve the ability of lower-income households to afford suitable housing in areas with better access to opportunity. • Programs H-7: Senior and Workforce Housing Development, H-8: Land Use Element and Development Regulations, and H-9: Mixed Use Development will expand housing opportunities by encouraging new housing in high- opportunity areas. • Program H-6: First-Time Homebuyer Assistance will provide financial assistance to households wishing to purchase their first home in areas of higher opportunity. 7.2.b Packet Pg. 263 HOUSING ELEMENT Diamond Bar General Plan 2040 │ HOUSING ELEMENT 2021-2029 9-209 9.0 7.2.b Packet Pg. 264 Addendum to the Certified Final Program EIR for the City of Diamond Bar 2040 General Plan July 2022 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.c Packet Pg. 265 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); • A description of opportunities for stakeholders to participate in the preparation of the Housing Element (Appendix C); and • An assessment of fair housing issues (Appendix D). ENVIRONMENTAL ANALYSIS 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. 7.2.c Packet Pg. 266 Addendum to Final EIR No. SCH 2018051066 Diamond Bar 2021-2029 Housing Element Page 3 of 4 Regional Housing Needs Assessment. The Regional Housing Needs Assessment (“RHNA”) is the process established in State law by which housing needs are determined for each city. On March 4, 2021 SCAG adopted the final RHNA Plan, which assigns Diamond Bar the following housing needs for the 2021-2029 planning period. 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 existing and projected 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. State law establishes an allowable density of 30 units/acre that is assumed to facilitate development of housing affordable to lower-income households. 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 amount of additional housing development anticipated in the General Plan and analyzed in the General Plan Program EIR exceeds the RHNA allocation of 2,521 units by approximately 49%. While the total additional housing development anticipated in the Housing Element is less that the level of development assumed in the General Plan, the Housing Element sites inventory assumes an allowable density of 30 units per acre and a realistic density of 24 units per acre in the Town Center Focus Area as compared to the General Plan policy of 20 units/acre for the Town Center. It is important to note that the Housing Element is a policy document and no specific housing project would be approved and no development regulations would be changed by adoption of the Housing Element; therefore, no direct environmental impacts would be caused by adoption of the Housing Element. Program H-8 includes a commitment to adopt revised land use regulations for the focus areas to establish detailed development standards, and the City has initiated preparation of a specific plan for the Town Center area. Once specific development standards such as height limits and allowable building floor area have been identified as part of the specific plan process, additional CEQA analysis will be conducted to evaluate whether any new environmental impacts would be expected to occur that were not analyzed in the General Plan Program EIR. A similar CEQA 7.2.c Packet Pg. 267 Addendum to Final EIR No. SCH 2018051066 Diamond Bar 2021-2029 Housing Element Page 4 of 4 review will also be conducted in connection with the preparation of new development regulations for the other focus areas. CONCLUSION The 2040 General Plan Program EIR evaluated potential environmental impacts that would be expected to occur as a result of future development consistent with the General Plan. Since the amount of new residential development assumed in the 2021-2029 Housing Element does not exceed General Plan assumptions, no new significant effects would occur that were not previously analyzed in the General Plan EIR. No specific development project would be approved as part of the Housing Element, and 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. On the basis of the foregoing analysis the City has determined that 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 at this time. 7.2.c Packet Pg. 268 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 February 2, 2022 Greg Gubman, 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) Adopted Housing Element Thank you for submitting the City of Diamond Bar’s (City) housing element adopted on November 2, 2021 and received for review on November 4, 2021. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. The adopted element addresses some statutory requirements described in HCD’s June 3, 2021 review; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law. As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance. For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of this statutory deadline, then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). 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.d Packet Pg. 269 Greg Gubman, 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 will meet housing element requirements for these and other funding sources. We are committed to assist the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact me at paul.mcdougall@hcd.ca.gov. Sincerely, Senior Program Manager Enclosure Paul McDougall 7.2.d Packet Pg. 270 HCD’s Review of Diamond Bar’s 6th Cycle Adopted Housing Element Page 1 February 2, 2022 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).) While the element includes some brief discussion of program objectives and in some cases, whether a program was successful, as noted in HCD’s prior review, it still must discuss outcomes or actual results and evaluate the effectiveness of program to evaluate appropriateness of programs in the current planning period. Please see HCD’s prior review for additional information. 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).) The element now includes some brief and general discussion of public comments, poverty and introductions of some of the components of an assessment of fair housing (e.g., segregation and integration and disparities in access to opportunity). However, the element generally was not revised to address this requirement. Please see HCD’s prior review and HCD’s Guidance Memo and Data Viewer at https://www.hcd.ca.gov/community-development/affh/index.shtml. In addition, HCD will send examples under separate cover. 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).) 7.2.d Packet Pg. 271 HCD’s Review of Diamond Bar’s 6th Cycle Adopted Housing Element Page 2 February 2, 2022 The element now lists some programs that could assist in addressing the housing needs of extremely low-income (ELI) households. However, the element generally was not revised with an analysis of the housing needs of ELI households. This is particularly important given the unique and disproportionate needs of ELI households. For example, the element should analyze tenure, cost burden and other household characteristics and consider trends and available resources to better understand the magnitude of the housing need and formulate appropriate policies and programs. 3. 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).) Sites Inventory: While the element now lists sites by floor area ratio, it should consider additional information to facilitate an analysis of the potential for additional development. For example, the element could list the age of the structure, improvement to land ratio and any indicators of property turnover such as the use is vacant, structural conditions, lack of improvements or has recently changed use and any expressed interest in additional residential development. In addition, as noted in the prior review, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. To date, HCD has not received an electronic version of the sites inventory in the adopted forms. Any future re-adopted versions of the element must submit the electronic version of the sites inventory. Suitability of Nonvacant Sites: The element now includes some information on floor area ratios (FAR) and concludes the potential increase in development creates an incentive for redevelopment. However, the element should evaluate the differences between existing and allowable FAR, including what threshold was utilized and support these assumptions based on market conditions, development trends and recent experience in additional higher density residential development. The element should also include additional factors and analysis to demonstrate existing uses do not impede additional development. For example, for each of the future growth areas (e.g., Town Center Mixed Use, Neighborhood Mixed Use and Transit Oriented Mixed use), the element could discuss existing uses based on additional factors that indicate potential turnover of uses as described above. In addition, as noted in the prior review, 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. While the City’s adopted resolution notes substantial evidence, the element lacks substantial evidence and, with any future re-adoption of the housing element, the resolution should explicitly describe the substantial evidence to draw a nexus between 7.2.d Packet Pg. 272 HCD’s Review of Diamond Bar’s 6th Cycle Adopted Housing Element Page 3 February 2, 2022 the resolution and analysis in the housing element. HCD will send examples under separate cover. Water and Sewer Priority: As noted in the prior review, local governments are required to immediately deliver the housing element to water and sewer service providers and should coordinate with providers to assure priority is granted to developments with units affordable to lower income households. The element should describe compliance with these requirements or add or modify programs, if necessary. 4. 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…(Gov. Code, § 65583, subd. (a)(5)). Fees and Exactions: The element generally was not revised to address this requirement. Please see HCD’s prior review. Local Processing and Permit Procedures: The element includes some brief information related to the timing and density of development. However, the element generally was not revised to address this requirement. Please see HCD’s prior review. Housing for Persons with Disabilities: While the element now lists findings and decision- making criteria for the reasonable accommodation procedures, it must still analyze these findings and criteria for any constraints on housing for persons with disabilities. For example, several criteria appear to be constraints such as criteria related to altering the character of the neighborhood. The element should specifically evaluate these findings and constraints and add or modify programs to address constraints. In addition, the element generally was not revised to address barriers on residential care facilities. Pleas see HCD’s prior review for additional information. 5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2... (Gov. Code, § 65583, subd. (a)(6)). Requests for Lower Density and Approval to Building Permit Times: The element now generally states times between project approval and building permits vary but should include some discussion and analysis of the actual length of time. C. Housing Programs 7.2.d Packet Pg. 273 HCD’s Review of Diamond Bar’s 6th Cycle Adopted Housing Element Page 4 February 2, 2022 1. 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 B3, 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. In addition, while Program H-8 was revised to address various requirements pursuant to Government Code sections 65583.2, subdivisions (h) and (i), it must still commit to accommodate 100 percent of the shortfall of sites necessary to accommodate the remaining housing need, including for lower-income households. Specifically, the Program should include specific commitment to the shortfall of sites, minimum acreages to be rezoned, allowable densities and anticipated development standards to encourage maximum allowable densities. 2. 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).) Extremely Low-income (ELI) Households: The element includes Program H-7 (Senior and Workforce Housing Development) to assist in the development of housing, including extremely low-income households. However, the Program should include specific commitment to proactively reach out to developers of affordable housing with discrete timelines (e.g., annually). 3. 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 Findings B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental 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.d Packet Pg. 274 HCD’s Review of Diamond Bar’s 6th Cycle Adopted Housing Element Page 5 February 2, 2022 4. 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... (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. 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).) The element now describes the City developed a website and provides reasonable accommodation for participation in meetings. However, the element must still demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. Moving forward, the City should employ additional methods for public outreach, particularly to include lower-income and special needs households and neighborhoods with higher concentrations of lower-income households. For example, the City could conduct targeted stakeholder interviews or establish a committee representative of lower-income households in future public outreach efforts. In addition, while the element includes a summary of comments and responses, comments appear to be minimal and how the element was revised is not apparent. Future versions should continue to summarize comments and revise the element as appropriate in response to comments. 7.2.d Packet Pg. 275 HCD Comments and Responses -1- July 27, 2022 HCD Comments and Responses Diamond Bar 2021-2029 Housing Element HCD Comment (Letter of 2/2/2022) 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 and whether programs should be revised to be more effective in addressing those needs. B.1 Affirmatively Furthering Fair Housing Appendix D 9-72 The element has been revised to include additional analysis of AFFH, including 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 has been expanded to describe additional actions the City will take to affirmatively further fair housing during the planning period. B.2 Extremely-low-income households 9-6 to 9-11 The Needs Assessment includes analysis of ELI households by race/ethnicity and tenure (Table 9-4) as well as cost burden by tenure and income category (Table 9-11). The element also describes programs the City intends to implement to address the needs of ELI households. Additional analysis of the issues faced by ELI households has been provided. B.3 Land Inventory Appendix B Sites inventory. The sites inventory (Tables B-3 through B-5) has been revised to provide additional analysis including age of structures, improvement to land value ratios, site conditions and expressed development interest. Electronic inventory. An electronic copy of the sites inventory has been submitted to HCD with the adopted element. 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. 7.2.e Packet Pg. 276 City of Diamond Bar 2021-2029 Housing Element HCD Comments and Responses -2- July 27, 2022 HCD Comment (Letter of 2/2/2022) Housing Element Page No. Response/Revision 9-49 9-69/70 Water & Sewer Priority. The element notes 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. In addition, Program H-8 has been expanded to include notification of this requirement to water and sewer providers. B.4 Governmental Constraints 9-46/47 9-69 Fees and exactions. The draft element has been revised to include a complete analysis of fees. In addition, Program H-8 has been expanded to include posting and annually updating all fees on the City website in compliance with transparency requirements. 9-42 to 46 9-68 to 70 Local processing and permit procedures. The element has been revised to include additional analysis of permit processing. In addition, Program H-8 has been expanded to include posting and annually updating all regulations and fees on the City website in compliance with transparency requirements. 9-34 9-36 9-71 9-74 Persons with disabilities. Additional analysis of the City’s regulations for large residential care facilities and reasonable accommodation procedures has been provided. In addition, Programs H-11 and H-15 have been revised to address these issues. B.5 Non-governmental Constraints 9-45 Requests for Lower Density and Approval to Building Permit Times: The element has been revised to include additional analysis of the length of time from project approval to building permit application. C.1 Identify actions that will be taken to make sites available. 9-68 Program H-8, Land Use Element and Development Regulations. has been revised to commit to accommodate 100 percent of the shortfall of sites necessary to accommodate the remaining housing need, including for lower-income households, including a specific commitment to the shortfall of sites, minimum acreages to be rezoned, allowable densities and anticipated development standards to encourage maximum allowable densities. C.2 Programs to assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate- income households. 9-65/66 Program H-7, Senior and Workforce Housing Development has been expanded to include a commitment to proactively reach out to developers of affordable housing annually. C.3 Programs to remove constraints The element has been revised to address this comment as described above. 7.2.e Packet Pg. 277 City of Diamond Bar 2021-2029 Housing Element HCD Comments and Responses -3- July 27, 2022 HCD Comment (Letter of 2/2/2022) Housing Element Page No. Response/Revision C.4 Programs to affirmatively further fair housing. Appendix D 9-72 The element has been revised to address this comment as noted in Finding B.1, above, and Program H-14 has been revised to include additional actions to affirmatively further fair housing. 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.e Packet Pg. 278 Project Status Report CITY OF DIAMOND BAR July 27, 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 7/27/22 CC 8/2/22 PC 8/9/22 CC 8/16/22 PC 8/23/22 CC 9/6/22 20221 Damietta Dr. (Addition and remodel to single-family residence) DR PL2021-83 MN/ DK Chen Lee PH 20221-2029 Housing Element Update GL Citywide 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 2020 Brea Canyon Rd. (2-Lot Subdivision) TPM PL2022-07 GL Nathaniel Williams Second incomplete letter sent 6/7/22 – 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 Development Code Amendment (Code cleanup & SB9) PL2022-59 MN 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 Third incomplete letter sent 3/30/21 – waiting for additional information 20948 Moonlake St. (Addition and remodel to single-family residence) DR, MCUP PL2022-23 MN Efrain Coronado Under review 9.1 Packet Pg. 279 Project Status Report CITY OF DIAMOND BAR Page 2 July 27, 2022 COMMUNITY DEVELOPMENT DEPARTMENT PENDING ITEMS (continued) Property Location File # AP Applicant Status 23121 Ridge Line Rd. (New single-family residence) DR PL2020-31 MN Pete Volbeda Third incomplete letter sent 8/13/21 – waiting for additional information 2626 Wagon Train Ln. (New single-family residence) DR, TP PL2022-62 MN Pete Volbeda Under review Walnut Valley Unified School District (Billboard Ordinance) PL2021-43 GL/ MN WVUSD Under review 631 Armitos Place (New 35 feet-tall cell tower) PL2022-49 DT Smart Link Group First incomplete letter sent 7/6/22 – waiting for additional information 9.1 Packet Pg. 280 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 July 22, 2022, 1 posted the July 27, 2022, Planning Commission Special Meeting 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 July 22, 2022, at Diamond Bar, California. 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