HomeMy WebLinkAbout2024.03.26 Joint Study Session of the City Council and Planning CommissionSpecial Joint Study
Session of the City Council
and Planning Commission
Tuesday, March 26, 2024 5:00 PM
Diamond Bar City Hall – Windmill Community Room
21810 Copley Drive, Diamond Bar, CA 91765
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CITY OF DIAMOND BAR
SPECIAL JOINT STUDY SESSION OF THE CITY COUNCIL
AND PLANNING COMMISSION
March 26, 2024
1. CALL TO ORDER 5:00 p.m.
2. ROLL CALL City Council: Andrew Chou, Ruth M.
Low, Steve Tye, Mayor Pro Tem Chia
Yu Teng, Mayor Stan Liu
Commissioners: Naila Barlas, William
Rawlings, Raymond Wolfe, Vice Chair
Mahendra Garg, Chair Ruben Torres
3. STUDY SESSION
3.1 LEGISLATIVE UPDATE: NEW LAND USE AND HOUSING LAWS
FOR 2024
Recommended Actions:
Receive staff presentation; receive public comments; provide direction as
appropriate.
4. ADJOURNMENT
Agenda #: 3.1
Meeting Date: March 26, 2024
CITY COUNCIL STUDY SESSION REPORT
New Housing and Land Use Laws | March 26, 2024 Page 1 of 6
SCOPE AND PURPOSE:
This study session will provide a summary of the land use, housing and development
laws passed by the State Legislature, most of which became effective at the beginning
of 2024, that will likely affect Diamond Bar and the types of land use decisions the City
will face.
Many of the new laws will require the City to amend its zoning regulations, and staff has
tentatively scheduled a Planning Commission hearing for May 14, 2024 to consider the
proposed amendments, followed by a City Council hearing as early as June 4, 2024.
The primary goal of this presentation and discussion is to provide the Commission and
Council with useful background information and context when each body considers the
upcoming draft ordinances.
This report concludes with a summary of additional amendments that the Planning
Commission and City Council will consider during the upcoming hearings to implement
the Housing Programs established in the 2021-2029 Housing Element.
SUMMARY OF KEY ENVIRONMENTAL, LAND USE, HOUSING AND
DEVELOPMENT LAWS:
• Streamlined Ministerial Approval of For-Sale Housing Projects of up to 10
units (SB 684)
SB 684 requires cities and counties to permit the development of up to 10 small
single-family homes or condominiums on an existing parcel zoned for multifamily
housing under specified circumstances, requires cities to ministerially review and
approve a subdivision map and related land use entitlements for qualifying projects
within 60 days, and permits developers to proceed with construction prior to final
subdivision map approval. The bill’s provisions do not take effect until July 1, 2024,
to allow local agencies time to adopt implementing ordinances.
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• Housing Accountability Act Amendments (AB 1633)
The Housing Accountability Act limits the authority of cities and counties to
disapprove or reduce the density of proposed housing development projects that
comply with objective development standards and policies or that are intended for
very low-, low-, or moderate-income households. “Objective” standards are those
that involve no personal or subjective judgement and are uniformly verifiable by
reference to an external benchmark or criterion. Cities or counties found to have
acted in violation of the Housing Accountability Act may be subject to certain
enhanced remedies, including significant fines.
AB 1633 amends the Housing Accountability Act in two important ways. First, the
bill makes a city or county’s application of the California Environmental Quality Act
(CEQA) to improperly delay or effectively deny approval of a housing project a
violation of the Housing Accountability Act. Second, the statute makes it more
difficult for a third party that successfully challenges a city or county’s approval of a
housing development project in court to recover its attorney’s fees from the
city/county and/or the developer.
• Amendments to SB 35 Streamlined Ministerial Approval Process (SB 423)
In an effort to meet statewide affordable housing goals, SB 35 (2017) requires cities
and counties to streamline the review and approval of certain qualifying affordable
housing projects through a ministerial process, without CEQA review or public
hearings. In addition, qualifying SB 35 projects are only subject to duly adopted
objective design standards. Cities and counties that do not have objective design
standards cannot deny affordable housing projects based on their architecture.
A sunset date of January 1, 2026 was written into SB 35. SB 423 extends this date
by an additional ten years, and removes a number of constraints that were written
into SB 35, including the elimination of a “skilled and trained workforce” requirement
for projects that are less than 85 feet in height.
• Affordable Housing on Faith and Higher Education Lands Act of 2023 (SB 4)
SB 4 makes a 100% affordable housing project meeting specified criteria and
proposed to be developed on land owned on or before January 1, 2024, by an
independent institution of higher education or a religious institution a “use by right”
that is subject to a streamlined ministerial approval process similar to the one
applicable to SB 35 projects. Where the replacement of existing uses or new
ancillary ground floor uses are proposed in conjunction with an affordable housing
project, they are also subject to streamlined ministerial approval under SB 4’s
provisions. Because qualifying projects must be reviewed ministerially, the California
Environmental Quality Act (CEQA) does not apply to them.
• Adaptive Reuse of Existing Buildings to 100% Affordable Housing (AB 1490)
AB 1490 makes the adaptive reuse of an existing residential or hotel/motel building
to 100% affordable units an allowable use, even if it is inconsistent with a city’s
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general plan or zoning. To qualify, the following criteria must be met:
o All units must be lower-income; at least 50% must be very low-income.
o The residential units must be created within the existing building envelope;
additional square footage cannot be constructed, and existing open space
amenities cannot be removed.
o On-site management must be provided for projects with 50 or more units.
• Density Bonus Law Amendments (AB 1287)
AB 1287 amends the State Density Bonus Law (SDBL) in several ways. The SDBL
requires cities to grant increased density, incentives or concessions, development
standard waivers, and reduced parking ratios to applicants for housing development
projects that agree to set aside a specified percentage of the units in the
development for very low-, low-, or moderate-income households, seniors, or
students. Notable changes to the SDBL made by AB 1287 include the following:
o Housing developers are incentivized to set aside even more very low- or
moderate-income units by requiring cities to grant an additional density bonus if
an applicant agrees to include at least 5% additional very low - or moderate-
income units on top of the maximum number of affordable units that currently
must be provided to achieve the greatest density bonus. A developer that takes
full advantage of this new provision would potentially be eligible for a total
combined density bonus of up to 100%.
o The bill grants developers additional incentives and concessions for projects tha t
(i) include at least 16% of units for very low-income households, (ii) include at
least 45% of units for moderate income households in a development in which
the units are for sale, and (iii) 100 affordable projects located within one -half mile
of a major transit stop.
o The bill also eliminates language from the SDBL that authorized cities to require
applicants to provide justification of their requests for incentives, concessions, or
waivers.
Program H-12 of the 2021-2029 Housing Element also requires the City to amend its
density bonus regulations to conform to earlier SDBL legislation passed in 2020 (AB
2345). Staff is preparing a code amendment that will be in compliance with both AB
2345 and AB 1287 for the upcoming public hearings starting in May.
OTHER LEGISLATION OF NOTE:
• Expansion of HCD Authority to Enforce Housing Laws Against Cities (AB 434)
AB 434 adds several laws to the list of state housing laws set forth in Government
Code Section 65585(j) that the California Department of Housing and Community
Development (HCD) is required to enforce against cities and counties. Following
adoption of AB 434, HCD now enforces laws addressing the following:
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o The Housing Accountability Act (Gov’t Code §65589.5)
o The State Density Bonus Law (Gov’t Code §65915)
o The No Net Loss Law (Gov’t Code §65863)
o The Housing Crisis Act of 2019 (Gov’t Code §§ 65941.1, 65943, and 66300))
o Affirmatively Furthering Fair Housing (Gov’t Code §8899.50)
o SB 35 / Streamlined Ministerial Approval of Affordable Housing Projects (Gov’t
Code §65913.4)
o Supportive Housing (Gov’t Code §65650 et. seq.)
o Low-Barrier Navigation Centers (Gov’t Code §65660 et. seq.)
o Housing development approvals for 3-10 unit housing projects in multifamily or
mixed-use zones (Gov’t Code §65913.11)
o Administration of the General Plan (Gov’t Code §65400)
o Prohibition on enforcement of minimum parking requirements on projects located
within one-half mile of public transit (Gov’t Code §65863.2)
o Affordable Housing and High Road Jobs Act of 2022 (Gov’t Code §65912.100 et.
seq.)
o 5 hearing limit for housing projects (Govt. Code §65905.5)
o ADUs and JADUs (Govt. Code §§ 65852.2, 65852.22, 65852.23, and 6685.26)
o SB 9 2-Unit Developments and Urban Lot Splits (Govt. Code §§ 65852.21 and
66411.7)
o SB 6 (Middle Class Housing Act of 2022) (Govt. Code §65852.24)
o SB 4 (Affordable Housing on Faith and Higher Education Lands Act of 2023)
(Govt. Code §65913.6)
o AB 1218 (Demolition of housing units) (Govt. Code §§ 66300.5-66300.6)
o SB 684 (Ministerial approval of housing projects with 10 units or less) (Govt.
Code §§ 65852.28, 65913.4.5, and 66499.41)
• Requirement to Provide Written Statement to Businesses About How to
Comply with Disability Access Laws (SB 748)
Existing law requires a city or county to provide an applicant for a business license
with a short statement about the applicant’s obligation to comply with disability
access laws and an advisory that includes specified information and encourages the
applicant to obtain a certified access specialist (CASp) inspection. SB 748
supplements these existing requirements by mandating that cities and counties also
provide applicants with a separate document containing a more detailed statement
describing the applicant’s obligation to make its property and website compliant with
state and federal disability law, encouraging the applicant to obtain a CASp
inspection, and describing how the applicant can obtain additional information about
how to comply with disability laws.
• Proactive Inspections of Multi-unit Buildings (AB 548)
AB 548 requires local agencies to develop policies and procedures by January 1,
2025 for inspecting multiple units in a building when an inspector or code
enforcement officer determines that any unit in the building is substandard or in
violation of state habitability standards. The bill also provides that, if, as a result of
an inspection, it is determined that a substandard condition in a unit could
reasonably affect other units, the building department must provide the building
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owner with a notice or order to repair or abate within a reasonable time.
• Special Motion to Strike Lawsuits Challenging Approval of Affordable Housing
Projects (SB 439)
SB 439 establishes a new procedure giving local agencies the opportunity to obtain
dismissal of likely non-meritorious CEQA actions and other lawsuits challenging the
approval or permitting of 100% affordable housing projects early in the litigation.
Specifically, the bill creates a new special motion to strike a local agency can file
within 60 days of being served with a lawsuit challenging a “priority housing
development,” which stays discovery proceedings and may result in dismissal of the
lawsuit and an award of attorney’s fees and costs if the plaintiff is unable to show a
probability of prevailing on the claim.
CODE AMENDMENTS TO IMPLEMENT THE HOUSING ELEMENT:
The 2021-2029 Housing Element establishes 15 housing programs for the City to
implement during the current planning period (Attachment 1), some of which require the
amendments to the Development Code.
• Program H-11 — Housing for Persons with Special Needs
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 in all
residential zones.
• Program H-12 — Affordable Housing Incentives/Density Bonus
As discussed above in regards to AB 1287, staff is updating the City’s density bonus
regulations to conform to State Law, as well as implement Program H -12 of the
Housing Element.
• Program H-15 — Reasonable Accommodation for Persons with Disabilities
Program H-15 requires the City to process a Development Code amendment
updating its reasonable accommodation procedures to “revise the criteria for
approval of requests for reasonable accommodations to provide greater objectivity
and certainty.” The forthcoming code amendments will include updated reasonable
accommodation review and approval standards to meet this obligation.
.
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Prepared by:
_________________________
Greg Gubman, AICP
Community Development Director
Attachments:
1. 3.1.a Diamond Bar 2021-2029 Housing Element Housing Programs
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1
9.0 HOUSING
ELEMENT
2021 -2029
Adopted August 11, 2022
Resolution No. 2022-44
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HOUSING ELEMENT
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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.
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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
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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.
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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 annually on the City website,
newsletters and through social media. In addition, the City will work with
realtors to make them aware of these programs.
Responsible agency: Community Development Department
Timeline: Continuously with annual updates 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
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with these institutions to identify potential partnership opportunities for
affordable faculty/staff housing.
The City will encourage the development of senior and workforce housing,
including units affordable to very-low- and extremely-low-income persons as
well as units with 3-4 bedrooms suitable for large families, if feasible, in several
ways. First, the City will identify suitable sites for multi-family development in
the Housing and Land Use Elements, including zoning to encourage and
facilitate lower-cost housing options such as SROs. Second, the City will offer
regulatory incentives, and/or direct financial assistance appropriate to the
project when feasible. The following are among the types of incentives
which may be provided:
• Priority application processing
• Fee waivers or deferrals
• Coordination with off-site infrastructure improvements
• Flexible development standards
• Density bonuses
• 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
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production during the 2021-2029 planning period are described in Table
9-36.
Responsible agency: Community Development Department
Timeline: 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.
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
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housing need on sites designated for mixed-uses, all sites designated
for mixed-uses must allow 100 percent residential use and require
residential use to occupy at least 50 percent of the floor area in a
mixed-use project.
As part of the Development Code update, residential and mixed-use
parking requirements will be revised in conformance with General Plan
policies described previously in Section 9.4 Constraints.
The Development Code update will also include revisions to streamline the
review process, including SB 35 review procedures and objective standards
to minimize constraints on housing supply and affordability, 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
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immediately deliver the adopted housing element to water and sewer
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
Development Code amendments to provide adequate sites to
accommodate the RHNA. 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 by 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
2021 to incorporate recent changes to State ADU law, and will continue to
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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. 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 in all residential zones.
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.
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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 by June 2023
to allow supportive housing, low barrier navigation centers and
large residential care facilities consistent with State law.
Responsible agency: Community Development Department
Timeline: Development Code amendment by June 2023; 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
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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. Objectives, actions and
schedule for this program are based upon the Fair Housing Assessment
presented in Appendix D and are summarized in Table 9-35 below.
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Program H -14a. Affirmatively Furthering Fair Housing – Housing Mobility
To improve housing mobility and new housing choices in areas throughout
the City, a suite of actions will be employed and targeted outside of the
Focus Areas, including targeting resources, outreach and other strategies in
the eastern and southern portions of the City with an overall goal of 250
housing opportunities affordable to lower-income households in the planning
period. Objectives, actions and schedule for this program are based upon
the Fair Housing Assessment presented in Appendix D and are summarized in
Table 9-35 below.
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
has adopted procedures for reviewing and 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: Revise reasonable accommodation procedures
for persons with disabilities in compliance with State law in 2022.
Responsible agency: Community Development Department
Timeline: Code amendment in 2022
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