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HomeMy WebLinkAboutORD 03 (2024)ORDINANCE NO. 03 (2024) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR CITY CODE TO IMPLEMENT HOUSING PROGRAMS CONTAINED IN THE CITY'S CERTIFIED 2021-2029 HOUSING ELEMENT, TO CONFORM TO CHANGES IN NEW STATE HOUSING LAWS AND CITY POLICIES, AND TO MAKE TYPOGRAPHICAL CORRECTIONS AND CLARIFICATIONS. WHEREAS, On November 3, 1998, the City of Diamond Bar adopted a Development Code (Title 22 of the Diamond Bar City Code), WHEREAS, on December 17, 2019, the City Council adopted an updated General Plan to create a vision and blueprint for development through 2040; WHEREAS, on August 11, 2022, the City Council adopted the City's 6th Cycle (2021-2029) General Plan Housing Element, which was subsequently found by the California Department of Housing and Community Development (HCD) to be in full compliance with State Housing Element Law (Article 10.6 of the Gov. Code) on October 5, 2022; WHEREAS, the Development Code requires periodic updates to ensure consistency with City policies, new State laws, and to improve clarity to better serve the public; WHEREAS, the proposed Development Code amendments correct various typographical errors and provide clarification related to certain Code provisions, update Code provisions to conform to changes in State laws, and implement the Housing Action Plan in the City's 6th Cycle (2021-2029) Housing Element, including Programs H-11, H- 12, and H-13; WHEREAS, pursuant to Government Code Sections 65090, a notice of at least 1/8 page display was published in the San Gabriel Valley Tribune newspaper on May 31 2024, and a copy of the public notice was posted at the City's designated community posting sites. Due to a lack of quorum, the regular Planning Commission meeting was adjourned pursuant to Government Code Sections 54955 and 54955.1, and all business items scheduled before the Planning Commission for May 14, 2024, were continued to May 28, 2024; WHEREAS, on May 28, 2024, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Development Code, Planning Case No. PL2022-59, and adopted Resolution No. 2024-07 recommending City Council approval of said Development Code Amendment; Ordinance No. 03 (2024) WHEREAS, on June 18, 2024, the City Council held a duly noticed public hearing regarding the proposed Development Code Amendment; and WHEREAS, the City Council hereby finds that the proposed amendments are internally consistent with the General Plan and other adopted goals and policies of the City and adopts the facts and reasons stated in Planning Commission Resolution No. 2024-06, a copy of which is on file with the City Clerk and which is incorporated herein by reference with the same force and effect as if set forth in full. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS. Section 1. Paragraph (3) of Subsection (c) of Section 22.04.020 (Rules of Interpretation) of Title 22, Chapter 22.04 of the Diamond Bar City Code is hereby amended to make non -substantive changes as follows (deletions in strikethrou text and additions shown in double underline): (3) F/oorArea Ratio (FAR). When calculating the allowable floor area of a structure based on the FAR established by the applicable zoning district, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. For example, a maximum floor area ratio of 0.25 applied to a site of 25,856 25,853 square feet results in a maximum allowable floor area of 7� 6,463 square feet (25,856 25.853 x .02-5 0.25 = 7-�8; rounded , ,r, to 75' 6,463.25, rounded down to 6, 663). The maximum FAR itself (0.09, 0.25, etc.) is never rounded. Section 2. Table 2-3 (Allowed Uses and Permit Requirements for Residential Zoning Districts) of Section 22.08.030 (Residential zoning district land uses and permit requirements) of Title 22, Chapter 22.08 of the Diamond Bar City Code is hereby amended (a) to reclassify "residential care facilities, general" from a conditionally permitted use to a permitted use in the RM (medium density residential), RMH (medium/high density residential), RH (high density residential), and RH-30 (high density residential — 30 dwelling units per acre) zoning districts; (b) to add "transitional housing" and "support housing" as expressly permitted uses in all residential zones; and (c) to delete "second units" from the list of land uses in the Table, as follows (deletions in +rikethr,,,,nh text and additions shown in double underline): Permit Requirements by District Land Use (1) RR RL RLM RM RMH RH RH- 30 See Standards in Section: RESIDENTIAL USES (4) 2 Ordinance No. 03 (2024) Residential care facilities, general cup P GUP- P GUP- P GUP P SeGend units Transitional / supportive P P P P P P — P _ 226420170 Section 3. Table 2-4 (Residential District General Development Standards) of Section 22,08,040 (Residential zoning district general development standards) of Title 22, Chapter 22.08 of the Diamond Bar City Code is hereby amended to add a reference to Section 22.68.030 for required side setbacks applicable to changes or expansions to residential dwelling units with nonconforming setbacks, as follows (deletions in �.+r;Uo+hre„nh text and additions shown in double underline): TABLE 2-4 RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Requirement by Zoning District Development RR RL RLM RM RMH RH RH-30 Feature Sides (each) 15 ft. on 10 ft. on one side, and 5 5 ft. 5 ft. 5 ft.; plus 1 4 one side, ft, on the other; but not ft. for each and 10 ft. less than 15 ft. between story over on the structures on adjoining 2 other; but parcels not less than 25 ft. between structures on adjoining parcels Height limit 35 ft. 35 ft. 116 Notes: (1) Minimum area for parcels proposed in new subdivisions, except as otherwise provided by section 22.08.050 (Minimum lot area), and chapter 22.22 (Hillside Management). Condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this chapter. 3 Ordinance No. 03 (2024) (2) Maximum number of dwellings allowed for each specified unit of land. The approval of a conditional use permit within areas subject to section 22.22.040 (Hillside management —Density) may result in fewer dwelling units being allowed than the maximum density shown. See also chapter 22.18 (Affordable Housing Incentives/Density Bonus Provisions) for possible density bonuses. (3) Front setbacks listed are minimums. For single-family detached tract development, a minimum five-foot setback variation for adjacent residential units is required. 4) See section 22.68.030 (b)(2) for nonconforming side setbacks and distance separations to dwelling units. {4} 5A Maximum allowable height for structures. See section 22.16.060 (Height measurement and height limit exceptions). Section 4. Table 2-5 (Allowed Uses and Permit Requirements for Office Zoning Districts) of Section 22.10.030 (Commercial/industrial district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar City Code is hereby amended (a) to reclassify "Medical services -Clinics and laboratories" from a conditionally permitted use to a permitted use in the OP (office, professional) zoning district; (b) to delete "schools, public and private" and "studios, art, dance, music, photography, etc." from the list of land uses in the Table; (c) to classify "public schools," as a permitted use and "private schools," "trade schools," and "specialized education and training" as conditionally permitted uses in the OP (office, professional), OB (office, business park), and CO (commercial office) zoning districts; and (d) to delete footnote (6) pertaining to massage businesses and establishments, as follows (deletions in strikethroug- text and additions shown in double underline): Permit Re uirement b District LAND USE 1 OP OB 3 CO See Standards in Section: RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Schools, public .,^^' P P P Schools. private CUP CUP CUP Schools, trade CUP CUP CUP di ar}�arRGe,L Studies, S , photography -.etc - Specialized education and CUP CUP CUP training Ordinance No. 03 (2024) SERVICE USES Medical services -Clinics and GUP- P P laboratories P Notes: AP .,, PIMPS 41111� M AL POP WA MERWITIP 0 AMMETER ME ME RATE M NECTARINE 00 KA REVEAL W MIT.,, PAT PAT PAT Section 5. Table 2-6 (Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts) of Section 22.10.030 (Commercial/industrial district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar City Code is hereby amended (a) to add "low -barrier navigation centers," as a permitted use in the I (light industry) zoning district, subject to requirements set forth in Section 22.42.170; (b) to add "supportive housing" as described in Section 22.42.170(b), which is configured as a single -room occupancy housing development, as a permitted use in the (light industry) zoning district, subject to specified standards and requirements; (c) to add other types of "transitional housing" and "supportive housing" configured as single - room occupancy housing developments as conditionally permitted uses in the I (light industry) zoning district, subject to specified standards and requirements; (d) to delete "schools —specialized education and training and non -degree," "studios —photograph, portrait, martial arts, dance, aerobics, etc.," and "retail sales" from the list of land uses in the Table; (e) to classify "trade schools" as a conditionally permitted use in the C-1 (neighborhood commercial) and C-2 (community commercial) zoning districts; (f) to PTP classify "specialized education and training" as a conditionally permitted use in the C-1 (neighborhood commercial), C-2 (community commercial), C-3 (regional commercial), and I (light industry) zoning districts, subject to specified requirements; (g) to classify "studios" that offer instruction as a conditionally permitted use and studios that do not offer instruction as a permitted use in the I (light industry) zoning district; and (h) to delete existing footnote (6) pertaining to massage businesses and establishments, as follows (deletions in stF;kethrou text and additions shown in double underline): Permit Requirement by District LAND USE (1) C-1 C-2 C-3 I See Standards in Section: 5 Ordinance No. 03 (2024) MISCELLANEOUS Emergency shelters P Low -barrier navigation P 22.42.170 centers Single -room occupancy housing CUP 22.42.160 Transitional / supportive .. ... ... P or CUP 224424170 how U RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Schools, trade CUP CUP S Gh E)Gn IIS Spenialoze G In b� G In b� CQ� b'tt� GUR and trai ninly ed Gatinn and nnn degree Specialized education CUP CUP See 5 CUP and training Studies PhetegraphT nnrtrait martial arts danno eta aeFebins i o Studios P or CUP U Notes: (5) Educational classes/training programs as the primary use shall be limited to the second floor and above with approval of a CUP. Ancillary classes in conjunction with a permitted use shall require a CUP and be limited to 15 percent of a separately demised space occupied by a single tenant or 750 square feet, whichever is less. .�� 0 Ordinance No. 03 (2024) l61 Transitional or supportive housing developments located in the Industrial zoning district shall be configured as, and are subject to the standards and restrictions that apply to. single -room occupancy housing. A supportive housing development as described in Section 22.42.170(b) is a permitted use in the Industrial zoning district subject to ministerial zoning clearance and/or plot plan review: other transitional or supportive housing developments located in the Industrial zoning district require conditional use permit approval and are subiect to the same permitting requirements as a single -room occupancy housing development. 71 A CUP shall be required for studios that offer instruction. Section 6. Subsection (1) of Section 22.16.070 (Open space for commercial projects) of Title 22, Chapter 22.16 of the Diamond Bar City Code is hereby amended to correct a typographical error, as follows (deletions in strikethrough text and additions shown in double underline): (1) Open space required. Multitenant commercial centers one acre in size and larger shall provide a minimum of 8-04 one (1) percent of the total land area of the center as useable pedestrian - oriented open space, including plazas, patios, courtyards, and outdoor seating areas. The total land area of the center shall include all parcels that comprise the center including freestanding structures on separate parcels. Section 7. Sub -subsections (c) and (d) of Subsection (3) (Allowed projections into setbacks) of Section 22.16,090 (Setback regulations and exceptions) of Title 22, Chapter 22.16 of the Diamond Bar City Code are hereby amended to re -letter the sub - subsections and clarify permitted locations and projections into setbacks for porches, as follows (deletions in strikethrou text and additions shown in double underline): c. 4: Porches. Covered, unenclosed porches, located at the same level as the entrance floor of the structure, may extend up to six feet into the required front yard setback. d. � Stairways. Outside stairways and landings; that are not attached to a deck, are not enclosed and do not extend above a ground floor entrance, may extend into required yards as follows: (a) Front yard setback: Up to six feet into a required front yard; (b) Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line; (c) Rear yard setback: Up to six feet into a required rear yard. 7 Ordinance No. 03 (2024) Figure 3-9 �. e. Setback requirements for specific structures: Section 8. Section 22.16.130 (View protection) of Title 22, Chapter 22.16 of the Diamond Bar City Code is hereby amended to delete Figure M. Section 9. Chapter 22.18 of Title 22 of the Diamond Bar City Code is hereby repealed and replaced with new Chapter 22.18, entitled "Special Procedures Applicable to Housing Development Projects," to read in its entirety as follows: CHAPTER 22.18. -SPECIAL PROCEDURES APPLICABLE TO HOUSING DEVELOPMENT PROJECTS Sec. 22.18.010 —Affordable housing incentives/density bonus provisions. (a) Purpose. The purpose of this section is to implement the incentive programs provided in Government Code Sections 65915 through 65918 (referred to collectively in this Section as the "State Density Bonus Law") in order to provide additional opportunities for the provision of affordable housing within the City of Diamond Bar. (b) Applicability. This section applies to any "housing development," as defined in the State Density Bonus Law, including, without limitation, a development project for five or more residential units, including a mixed -use development, or a senior citizen housing development consisting of at least 35 units. This section also applies to density bonuses for land donations in accordance with Government Code Section 65915. In exchange for density bonuses, incentives or concessions, waivers or reductions of development standards, and/or reduced parking ratios, a portion of the units shall be reserved for very low income households, lower income households, senior citizen households, moderate income households, transitional foster youth, disabled veterans, homeless persons, or lower income college students as provided in this section and the State Density Bonus Law. All such projects shall comply with all requirements stated in the State Density Bonus Law and shall be subject to the subdivision, plot plan review and/or development review requirements of this title, as applicable. This section shall be interpreted in a manner consistent with the State Density Bonus Law, as it may be amended from time to time, and the requirements of the State Density Bonus Law shall prevail over any conflicting provision of this Development Code. (c) Definitions. As used in this section 22.18.010, the terms base density, concession, density bonus, development standard, disabled veterans, homeless persons, housing development, incentive, located within one-half mile of a major transit stop, lower income households, lower income student, maximum allowable residential density, moderate income households, persons Ordinance No. 03 (2024) and families of moderate income, qualified nonprofit housing corporation, replace, senior citizen housing development, shared housing building, shared housing unit, total dwelling units, total units, transitional foster youth, unit, unobstructed access to the major transit stop, very low income households, and very low income vehicle travel area shall have the meanings ascribed to them in the State Density Bonus Law, as it may be amended from time to time. (d) Determination of density bonus. Qualified projects that meet the eligibility requirements set forth in this section and/or the State Density Bonus Law shall be granted a density bonus or bonuses in an amount specified in the State Density Bonus Law, as it may be amended from time to time. Eligibility for and/or calculation of a density bonus shall be subject to the following: (1) A density bonus is a density increase over the otherwise maximum allowable gross residential density for a site as of the date of application by the applicant to the city. For the purpose of calculating the density bonus, the maximum allowable residential density, or base density, shall be the greatest number of units allowed on the site under the Development Code, an applicable specific plan, or the land use element of the General Plan. Each component of any density calculations, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. (2) Except as otherwise required by the State Density Bonus Law, the density bonus units shall not be included when determining the number of required affordable units or senior citizen units. (3) The developer can request a smaller density bonus than the project is entitled to, including no increase in density, but no reduction shall be permitted in the number of required affordable units. (4) For purposes of calculating the amount of the density bonus, an applicant who requests a density bonus shall elect the category and corresponding provision of the State Density Bonus Law pursuant to which the density bonus will be awarded. Unless otherwise specified in this Section or the State Density Bonus Law, each residential development is entitled to only one density bonus, and density bonuses from more than one category may not be combined. (5) The granting of a density bonus and/or related concession(s) or incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, study, or other discretionary approval. (6) Pursuant to California Government Code Section 65915.5, the conversion of apartments to a condominium project shall not be eligible for a density bonus or other incentives if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided under Government Code Section 65915. (e) Specific requirements. (1) Senior cen housing requirements. 0 Ordinance No. 03 (2024) a. Senior citizen housing development projects shall have a minimum of 35 units and shall meet the requirements described in Section 51.3 of the California Civil Code or any successor statute or regulation. b. Mobile home parks shall limit residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code, or any successor statute or regulation. (2) Land donation requirements. An applicant for a tentative map, parcel map or any other residential development approval shall receive a density bonus for the residential development in an amount specified by Government Code Section 65915, as it may be amended from time to time, when the applicant donates land to the city as provided in this section. This density bonus shall be in addition to any other density bonus provided for in this section, up to a total combined density bonus of 35 percent. Applicants are eligible for the land donation density bonus if all of the following conditions are met: a. The developer shall donate and transfer land to the city no later than the date of approval of the final map or other approvals required for the residential development. b. The developable acreage and general plan and zoning designation of the land being transferred are sufficient to permit development of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. c. The transferred land shall be at least one acre or of sufficient size to permit development of at least 40 residential units and shall have the appropriate general plan designations and be appropriately zoned with appropriate development standards for development at a density of at least 30 dwelling units per acre. d. The transferred land shall be served by adequate public facilities and infrastructure. e. The transferred land and the very low income units constructed shall be subject to a deed restriction recorded with the county recorder, to ensure continued affordability of the units consistent with this Section, and the property owner shall enter into an affordable housing agreement with the city pursuant to this Section. The deed restriction / affordable housing agreement shall be recorded on the property at the time of the transfer. f. The transferred land shall be conveyed in fee simple to the city or to a housing developer approved by the city. g. The transferred land shall be within the boundary of the proposed residential development, or no more than approximately one -quarter mile from the boundary of the qualified project, if the city so approves. h. No later than the date of approval of the final map or other discretionary approval required for the residential development, the transferred land shall 10 Ordinance No. 03 (2024) have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, and a proposed source of funding for the very low income units shall have been identified. (3) Child-care facility requirements. a. Subsect to subsection (e)(3)(c)I below, the city shall grant either of the following to a qualifying housing development that includes a child-care facility located on the premises of, or adjacent to, the project: i. An additional density bonus that is an amount of square feet of residential space equivalent to the square footage of the childcare facility; or ii. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child-care facility. b. As a condition of receiving the additional density bonus or concession for a child-care facility, the project shall comply with the following requirements: i. The child-care facility shall remain in operation for a period of time that is as long as, or longer, than the period of time during which the density bonus units are required to remain affordable. Of the children who attend the child-care facility, the percentage of children of very low income, lower income, or moderate income households shall be equal to, or greater than, the percentage of affordable units required to be set aside for each such group. c. Notwithstanding any requirement of this Section, the City shall not be required to provide a density bonus or concession for a child-care facy if it finds, based upon substantial evidence, that the community already has adequate child care facilities. (4) Replacement housing requirement. Pursuant to subdivision (c)(3) of Government Code Section 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein and the provisions of Section 22.18,020, including in the following circumstances: a. The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or b. The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five (5) year period preceding the application; or 11 Ordinance No. 03 (2024) c. The housing development is proposed on any parcei(s) on which the dwelling units are occupied by lower or very low-income households; or d. The housing development is proposed on any parcels) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five (5) year period preceding the application. (f) Regulatory Agreement. As a condition to the City's granting of a density bonus, incentives or concessions, waivers or reductions in development standards, and/or reduced parking ratios pursuant to this Section, the property owner(s) shall enter into a regulatory agreement with the City pursuant to Section 22.18.030, which satisfies the criteria set forth in subdivision (c) of Government Code Section 65915. (g) Concessions or incentives. In compliance with State Density Bonus Law, developers that request a density bonus to provide on -site affordable housing may also eligible to receive one or more concessions or incentives, based on the type and scope of the project. (1) The review authority shall grant applicants for qualified projects the number of incentives and concessions required by Government Code Section 65915. The review authority shall approve a specific requested concession or incentive for a proposed project unless the review authority makes a written finding, based on substantial evidence, of any of the following: a. The concession or incentive does not result in identifiable and actual cost reductions in order to provide for affordable housing costs or for affordable rents for the targeted units to be set aside; b. The concession or incentive would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate -income households; or c. The concession or incentive would be contrary to state or federal law. (2) Menu of concessions/incentives. Concessions or incentives that a developer may request include those of the type set forth in subsection (k) of Section 65915 of the California Government Code, including the following: a. Relaxation or other modification of zoning standards regulating such items as setbacks} height limitations, distances between buildings, required parking, parking development standards, projections into yards, and the like, which result in identifiable, and actual cost reductions. No separate variance application will be required for any modification of standards. However, the approved plans and application shall identify the zoning standards modifications which have been incorporated into the project. 12 Ordinance No. 03 (2024) b. Modification of architectural regulations ordinarily applied to a residential development project, which result in identifiable and actual cost reductions. c. Approval of mixed -use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. d. Other regulatory incentives or concessions proposed by the developer or the City, which result in identifiable, and actual project cost reductions. (3) Parking incentives. a. Notwithstanding any other provision of this title, except as otherwise required pursuant to the State Density Bonus Law or other applicable law, if requested by the developer, the minimum number of off-street parking spaces, inclusive of accessible and guest parking spaces, required to be provided for all units within a qualifying density bonus housing development shall be as follows: Number of Bedrooms Re uired Parkin S aces er Unit* 0 to 1 bedroom 1 2 to 3 bedrooms 1.5 4 or more bedrooms 2.5 *If the total number of spaces required for a development results in a fractional number, it shall be rounded up to the next whole number. ** Developments meeting the requirements of subdivisions (p)(2) or (p)(3) of Government Code Section 65915 may provide fewer parking spaces per unit as specified in the State Density Bonus Law. (h) Physical Constraints. In accordance with Government Code Section 65915(e), in addition to any concessions or incentives requested, an applicant for a density bonus pursuant to this section may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions to which the applicant is entitled. The review authority shall approve a requested waiver or reduction of a development standard, unless it makes any of the following findings: (1) The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant. (2) The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code 13 Ordinance No. 03 (2024) Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (3) The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (4) The waiver or reduction of the development standard would be contrary to state or federal law. (i) Project review procedures. All project applications for which a density bonus, concessions or incentives, modifications or waivers of development standards, and/or reduced parking ratios is/are being requested shall be reviewed in accordance with section 22,18.040 and shall be subject to the following project review procedures: (1) In addition to any other application required for a proposed housing development project, applications for any requested density bonus, incentives or concessions, waivers or reductions of development standards, and/or reduced parking ratios pursuant to this section shall be filed with the department pursuant to section 22.44.030. The application shall be filed concurrently with the application or applications for other required land use permits and approvals for the proposed project and shall be processed in the same manner as, and concurrently with, the application or applications for other required project approvals. In addition to any other information requested by the director, the application shall identify the category and corresponding provision(s) of the State Density Bonus Law pursuant to which a density bonus is requested; the base density of the proposed project; the number of density bonus units requested, along with supporting calculations; any concessions/incentives requested, any development standards requested to be waived/modified, and any reduced parking ratios requested pursuant to subsection (g)(3). The application shall be accompanied by reasonable documentation satisfactory to the director to establish eligibility for all requested density bonuses and parking ratios. Upon approval of a housing development project pursuant to this section, the planning division shall note in the project record that a density bonus has been granted, and the approved plans and application shall identify all concessions and incentives and/or waivers and modifications granted and any special conditions imposed on the project to ensure unit affordability. Sec. 22.18.020 —Dwelling unit protection regulations. (a) Purpose and Applicability. The purpose of this Section is to implement the provisions of the Housing Crisis Act of 2019, which require development project proponents to replace demolished residential dwelling units and protected rental units and to provide relocation assistance and other benefits to existing occupants of demolished protected rental units. This Section applies to all development projects subject to Article 2 of Chapter 12 of Division 1 of Title 7 of the Government Code. (b) Definitions. If defined in therein, terms used in this Section shall have the same meaning as defined in Government Code Sections 66300.5-66300.6. Unless otherwise defined in 14 Ordinance No. 03 (2024) Government Code Sections 66300.5-66300.6, as used in this section, the following terms shall have the following meanings: 1. "Affordable housing cost" has the same meaning as defined in Health and Safety Code Section 50052.5. 2. "Affordable rent" has the same meaning as defined in Health and Safety Code Section 50053. 3. "Comparable unit" shall have the same meaning as the term "comparable replacement dwelling" as defined in Government Code Section 7260; provided, however, that with respect to an occupied protected unit that is a single-family home that will be demolished in conjunction with a proposed development project that consists of two or more dwelling units, a "comparable unit" need not contain more than three (3) bedrooms or have the same or similar square footage or the same number of total rooms. 4. "Development project" means the development of land requiring City approval. A development project includes, but is not limited to, a housing development project. 5. "Equivalent size" means that the replacement protected units contain at least the same total number of bedrooms as the units being replaced. 6. "Extremely low income households" has the same meaning as defined in Health and Safety Code Section 50106. 7. "Housing Crisis Act" means and refers the provisions set forth in Chapter 12 of Division 1 of Title 7 of the Government Code, commencing with Section 66300, as such provisions may be amended from time to time. 8. "Housing development project" has the same meaning as defined in Government Code Section 65905.5. 9. "Lower income households" has the same meaning as defined in Health and Safety Code Section 50079.5. Lower income households includes very low income households and extremely low income households. 10. "Protected unit" shall have the same meaning as defined in the Housing Crisis Act and includes, but is not limited to, existing or previously demolished residential dwelling units that are or were either rented by lower or very low income households or subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the five (5) year period preceding the application submittal date. 11. "Relocation Assistance Law" shall mean Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and its related implementing regulations. 12. "Replace" has the same meaning as provided in subparagraphs (B) and (C) of paragraph (3) of subdivision (c) of Government Code Section 65915; provided, however, that for purposes of a development project that that consists of a single residential unit on a site with a single protected unit, "replace" shall mean that the protected unit is replaced with a unit of any size at any income level. 15 Ordinance No. 03 (2024) 13. "Replacement protected units" means and refers to affordable residential units proposed to be developed to replace one or more protected units. 14. "Very low income households" has the same meaning as defined in Health and Safety Code Section 50105. Very low income households includes extremely low income households. (c) One -to -One Replacement of Demolished Dwelling Units. If, and to the extent, required by the Housing Crisis Act, the final review authority shall not approve a housing development project that will require the demolition of one or more residential dwelling units unless the proposed project will create at least as many residential dwelling units as will be demolished in conjunction with the project. (d) Replacement of Protected Units. If, and to the extent, required by the Housing Crisis Act, the final review authority shall not approve a development project that will require the demolition of one or more occupied or vacant protected units, or that is located on a site where one or more protected units were demolished in the previous five (5) years, unless all applicable requirements, including, but not limited to, the following, are complied with: 1. Number of Total Units Required. If the project is a housing development project, the project shall include at least as many total dwelling units as the greatest number of permitted dwelling units that existed on the project site within the five-year period preceding the application submittal date. 2. Number of Replacement Protected Units Required. Unless otherwise provided in the Housing Crisis Act, the development project shall replace all existing occupied or vacant protected units that will be demolished as part of the proposed project and all protected units that were previously located on the project site and demolished on or after January 1, 2020. Any replacement protected units provided will be considered in determining whether a housing development project satisfies the requirements of Government Code Section 65915 and Section 22.18.010. a. Projects Involving Demolition of Occupied Protected Units. If any existing protected units to be demolished are occupied on the date of application submittal, the project shall provide at least the same number of replacement dwelling units of equivalent size to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy of the protected units. If a project site containing occupied protected units to be demolished also contains vacant protected units that will be demolished as part of the project, or previously contained protected units that were demolished within the five-year period preceding the application submittal date, the project shall also provide at least the same number of replacement protected units of equivalent size as such protected units, to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income of the existing or last household in occupancy of any protected units is not known, it shall be rebuttably presumed that lower income renter households occupied such protected units in the same proportion of lower income renter households to all renter households within the City of Diamond Bar, as determined by the most recently available data from the 16 Ordinance No. 03 (2024) United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number. bI Projects Only Involving Vacated or Demolished Protected Units. If all protected units on the project site are vacant or have been demolished within the five-year period preceding the application submittal date, the project shall provide at least the same number of replacement protected units of equivalent size as the number of protected units as existed at the highpoint of those units in the five-year period preceding the application submittal date, to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy of the protected units at that time, if known. If the incomes of the persons and families in occupancy the protected units at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these protected units in the same proportion of low-income and very low income renter households to all renter households within the City of Diamond Bar, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number. c. Replacement Protected Unit Size. A replacement protected unit must include at least the same number of bedrooms as the protected unit being replaced; provided, however, that if, and to the extent permitted pursuant to the Housing Crisis Act, a protected unit may be replaced with two or more replacement protected units of the same or a lower income category as the protected unit, provided the cumulative number of bedrooms in the replacement protected units equals or exceeds the number of bedrooms in the protected unit being replaced. . d. Single -Family Projects Involving a Single Protected Unit. Notwithstanding any other provisions of this subsection (d)(2), if a development project consists of the development of a single residential unit on a site with a single protected unit, that protected unit may be replaced with a unit of any size at any income level. 3. Location of Replacement Protected Units. If the project is a housing development projectI replacement protected units shall be constructed on the same site as the demolished protected units being replaced and integrated into the development project, if feasible. Subject to approval of the final review authority, and to the extent permitted by the Housing Crisis Act, an applicant may develop, or contract with another entity to develop, a replacement protected unit on a different parcel in the City zoned for residential use, provided that (i) an application for development of the replacement protected units on different parcels is made concurrently with an application for all other components of the proposed development project, (ii) the other parcel is zoned for residential use and all objective general plan, zoning, and other standards and requirements are met, and (iii) the applicant demonstrates that no residential tenants on the other parcel have been or will be displaced as a result of development of the replacement protected unit. 17 Ordinance No. 03 (2024) 4. Timing of Construction of Replacement Units. All replacement units shall be constructed concurrently with or prior to other components of the proposed development project. 5. Affordability Restrictions. All replacement protected units that will be rented shall be subject to a recorded affordability restriction for at least 55 years. Replacement protected units that will be offered for sale shall be subject to paragraph (2) of subdivision (c) of Government Code Section 65915, 6. Regulatory Agreement Required. The record owners) of the property shall enter into a regulatory agreement with City pursuant to section 22.18.030, (e) Benefits to be Provided to Occupants of Protected Units. The final review authority shall not approve a development project subject to the Housing Crisis Act that will require the demolition of one or more occupied protected units, unless the applicant and record owner(s) of the subject site agree to comply the requirements set forth in this subsection (e) and to provide any other benefits to existing occupants of protected units required pursuant to the Housing Crisis Act, 1. Right to Remain in Occupancy Pending Demolition. Any existing occupants of a protected unit to be demolished, regardless of their household income level, shall be allowed to occupy the unit until six (6) months before the start of construction activities on the site. The project proponent and/or record owner of the occupied protected unit shall provide the existing occupants with written notice of the planned demolition, the date the occupants must vacate the unit, and their rights under the Housing Crisis Act. Said notice shall be provided at least six (6) months in advance of the date that the existing occupants must vacate the unit, and a copy shall be concurrently delivered to the director. 2. Right to Return if Demolition Does Not Proceed. Any existing occupants of a protected unit to be demolished, regardless of their income level, that are required to leave the unit shall be allowed to return at their prior rental rate if the demolition does not proceed and the unit is returned to the rental market. This right shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the director. 3. Right of First Refusal for a Comparable Unit in New Housing Development Project. Except as otherwise expressly provided in this subsection (e)(3), the record owners) of a protected unit that will be demolished shall agree to provide existing occupants of the protected unit that are lower income households with a right of first refusal to rent or purchase a comparable unit available in the new housing development project, or in any required replacement units associated with a new development that is not a housing development project, affordable to the household at an affordable rent or affordable housing cost. The right of first refusal shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the director. Notwithstanding the foregoing, this subsection (g)(3) shall not apply to either (i) a development project that consists of a single residential unit located on a site where a single protected unit is being demolished; (ii) units in a housing development in which 100 percent of the units, exclusive of a manager's unit or units, are reserved for lower income households, unless the occupant of the protected unit qualifies for residence in the new development and providing a comparable unit to the occupant would not be precluded due to unit size Ordinance No. 03 (2024) limitations or other requirements of one or more funding source of the housing development; or (iii) a development project that is an industrial use and to which the requirement to provide replacement units does not apply. 4. Relocation Benefits. a. The applicant and/or the record owners) of a protected unit that will be demolished as part of a development project shall provide existing occupants of the protected unit to be demolished that are lower income households with relocation benefits that are equivalent to the relocation benefits required to be paid by public entities pursuant to the Relocation Assistance Law. By way of example, said relocation benefits may include, without limitation, advisory assistance in finding comparable new housing, payment of moving expenses, and rental assistance payments. b. The applicant shall engage a qualified third -party contractor or consultant (a "relocation consultant") approved by the director to determine the eligibility of occupants for benefits, prepare a relocation plan, and oversee the provision of the required relocation benefits. c. The applicant's relocation consultant shall prepare a written relocation plan consistent with the provisions of the Relocation Assistance Law, which plan shall be subject to review and approval by the director. The relocation plan shall include, without limitation, provisions addressing the following: i. determination of eligibility requirements; ii. identification of eligible occupants; occupant interviews and needs assessments; iv. an evaluation of the availability of comparable replacement housing within the relevant geographic area; v. identification of specific replacement housing options; vi. the provision for relocation advisory services to affected occupants; vii, a description of the relocation benefits available to eligible occupants; viii, a process for the provision of benefits and the submission of benefit claims by eligible occupants; ix. a process for occupants to appeal benefit determinations; and x. procedures for providing the benefits required pursuant to this subsection (e), including copies of the required notices, agreements, and other forms needed to implement the provision of said benefits. d. Prior to the issuance of a grading or building permit for the development project, the relocation consultant shall provide a letter to the director certifying that 19 Ordinance No. 03 (2024) the relocation process has been completed and that all required relocation benefits have been provided. (f) Fees. The City may impose a fee or fees to recover the City's other reasonable costs to implement the dwelling unit protection provisions of the Housing Crisis Act and this Section. Any such fees shall be adopted by resolution of the City Council. (g) Reimbursement of City's Professional Fees and Costs. To the extent not factored into the fee or fees established pursuant to subsection (f), in addition to such fees, if benefits are required to be provided to existing occupants of protected units pursuant to subsection (e), the applicant shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third -party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the review of a relocation plan, notices, or other required forms and documents and the monitoring and/or enforcement of compliance with requirements for provision of benefits. Concurrent with or prior to the applicant's submittal of any notice, agreement, plan, or other document requiring approval of the director pursuant to subsection (e), the applicant shall execute a reimbursement agreement with the City in a form approved by the City Manager and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City, as determined by the director in his or her reasonable discretion. The City Manager or his or her designee is authorized to execute said reimbursement agreement on behalf of the City. Sec. 22.18.030 —Affordable housing regulatory agreements. (a) Purpose. The purpose of this Section is to establish minimum requirements and procedures for the preparation, execution, and recording of regulatory agreements establishing covenants to ensure the initial and continued affordability of income -restricted residential dwelling units required to be provided in conjunction with the approval of a development project pursuant a provision of this Code or State law. (b) Definitions. As used in this section, the following terms shall have the following meanings: 1. "Affordable Units" means residential dwelling units required to be made affordable to, and occupied by, households with incomes that do not exceed the limits specified in applicable law for middle income, moderate -income, lower income, very low income, or extremely low income households, as applicable, at an affordable rent or affordable housing cost, pursuant to State law or any provision of this Code. 2. "Owner" means the record owner or owners of the parcel or parcels on which affordable units will be located. 3. "Regulatory Agreement" means an agreement or agreements entered into between the City and an owner pursuant to this Section. (c) Requirement for Regulatory Agreement. Whenever an applicant for a development project offers to or is required as a condition of development pursuant to State law or any provision of this Code to construct a specified number or percentage of affordable units, the owner shall enter into a regulatory agreement with the City meeting the requirements of this section in the form approved by the City Manager. rZi7 Ordinance No. 03 (2024) (d) Required Provisions of Regulatory Agreements. Unless otherwise provided by law or authorized by the City Manager, each regulatory agreement shall include provisions addressing or requiring the following: 1. Identification of Affordable Units. The number, affordability level, unit size and bedroom count mix, and location of the affordable units shall be set forth in the regulatory agreement. Unless otherwise mutually agreed by the applicant and City, affordable units shall be dispersed throughout the project. Projects that include mixed income multifamily structures shall comply with the requirements set forth in Health and Safety Code Section 17929, 2. Timing of Construction. The regulatory agreement shall require that the affordable units be constructed concurrently with or prior to other components of the development project. 3. Affordability Period for Affordable Units. The regulatory agreement shall require that the affordable units remain affordable to, and be occupied by, persons and families of the required income level at an affordable rent or affordable housing cost, as applicable, for the minimum period of time required by law, or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or subsidy program associated with the development project. Where a minimum affordability period is not otherwise specified by statute or ordinance, the required affordability period for affordable units that will be rented shall be a minimum of fifty-five (55) years and the required affordability for affordable units that will be offered for sale shall be a minimum of forty-five (45) years. Determinations of affordable rents, affordable housing costs, and household income levels shall be made in accordance with the regulations published from time to time by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093. 4. Annual Tenant Income Verification, Compliance Reporting, and Certification. For projects containing affordable units that will be rented, the regulatory agreement shall include uniform provisions requiring the owner to verify and certify, prior to the initial occupancy, and annually thereafter, that each tenant household occupying each affordable unit meets the applicable income and eligibility requirements established for the affordable unit, and to annually prepare a compliance report and certify that the affordable units are in compliance with the regulatory agreement. 5. For -Sale Affordable Units. For projects containing affordable units that will be offered for sale, the regulatory agreement shall include uniform provisions requiring the owner to either (i) ensure that each affordable unit is offered at an affordable housing cost and is initially sold to and occupied by a household that meets the applicable income and eligibility requirements established for the affordable unit, or (ii) sell the affordable unit(s) to a qualified nonprofit housing corporation pursuant to applicable legal requirements and terms acceptable to the City. If the affordable units are developed pursuant to section 22.18.010 or section 22.18.020, the regulatory agreement shall contain provisions satisfying the criteria set forth in paragraph (2) of subdivision (c) of Government Code Section 65915. The regulatory agreement shall also require the initial purchaser and, if applicable, each subsequent purchaser, of an affordable unit, to execute and/or record one or more agreements and/or restrictive covenants benefiting and enforceable by the 21 Ordinance No. 03 (2024) City, which address, among other things, the purchaser's obligations pertaining to certification of income, financing or refinancing of the unit, occupancy of the unit, property maintenance, insurance, periodic certification of compliance with applicable agreement terms, and re -sale of the unit. Such agreements or restrictive covenants may include, without limitation promissory notes, deeds of trust, reimbursement agreements, option agreements, equity sharing agreements, and/or other covenants and regulatory documents necessary to ensure continued compliance with pertinent provisions of applicable law, conditions of approval, and the regulatory agreement for the required affordability period. 6. Maintenance Standards. The regulatory agreement shall contain uniform provisions governing the owner's maintenance obligations and the City 's rights in the event the owner fails to adhere to its maintenance obligations. 7. Annual Compliance Report. Each regulatory agreement shall contain provisions requiring the owner to submit an annual compliance report containing specified information to the City in a form reasonably satisfactory to director and to annually certify that the affordable units are in compliance with the requirements of the regulatory agreement. 8. Recordkeeping Requirements. The regulatory agreement shall contain uniform provisions requiring the owner to maintain affordable unit sales documents, tenant leases, income certifications, and other books, documents, and records related to the sale or rental of the affordable units and operation of the project for a period of not less than five (5) years after creation of each such record; to allow the City to inspect any such books, documents, or records and to conduct an independent audit or inspection of such records at a location that is reasonably acceptable to the City Manager upon prior written notice; and to permit the City and its authorized agents and representatives to access the property and examine the housing units and to interview owners, occupants, tenants and employees for the purpose of verifying compliance with the regulatory agreement. 9. Marketing and Sale of Affordable Units. For housing development projects containing affordable units that will be offered for sale, the regulatory agreement shall contain uniform provisions addressing (i) how eligible buyers of the affordable units will be solicited, identified, and selected; (ii) procedures for establishing the affordable sales prices of the affordable units; (iii) procedures for verifying the income and eligibility of prospective buyers of the affordable units; and (iv) a description of the responsibilities of an owner or buyer upon resale of an affordable unit. 10. Marketing and Management Plan for Rental Affordable Units. For multi -family housing development projects containing affordable units that will be rented, the regulatory agreement shall contain uniform provisions regarding property management and management responsibilities and shall require the owner to prepare and obtain the City's approval of a marketing and management plan for the project prior to the issuance of a certificate of occupancy for any portion of the project. The marketing and management pIan shall address in detail, without limitation, the following matters: (i) how the owner plans to market the affordable units to prospective tenant households; (ii) procedures for the selection of tenants of affordable units, including a description of how the owner plans to certify the eligibility of tenant households; (iii) procedures for annually verifying income 22 Ordinance No. 03 (2024) and recertifying the eligibility of tenants of affordable units; (iv) the standard forms) of rental agreement(s) the owner proposes to enter into with tenants of affordable units; (v) procedures for the collection of rent; (vi) procedures for eviction of tenants; (vii) procedures for ensuring that the required number and unit size mix of affordable units is maintained and that affordable units do not become congregated to a certain area of the building or project; (viii) procedures for complying with the owner's monitoring and recordkeeping obligations; (ix) the owner's property management duties; (x) the owner's plan to manage and maintain the project and the affordable units; (xi) the rules and regulations of the property and manner of enforcement; and (xii) and a program addressing security and crime prevention at the project. 11. Provisions regarding Section 8 Certificates. For projects containing affordable units that will be rented, the regulatory agreement shall include uniform provisions regarding the acceptance of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor (i.e., "Section 8 certificates"), which shall include the following requirements and limitations: a. The owner shall accept as tenants persons who are recipients Section 8 certificates on the same basis as all other prospective tenants; provided, the owner shall not rent one of the affordable units to a tenant household holding a Section 8 certificate unless none of the housing units not restricted to occupancy by the affordability covenants are available. If the only available housing unit is an affordable unit, the owner shall no longer designate the housing unit rented to a tenant household holding a Section 8 certificate as an affordable unit, shall designate the next -available housing unit as an affordable unit, and shall make available, restrict occupancy to, and rent such newly designated affordable unit to a qualified tenant at the applicable affordable rent pursuant to the affordability covenants, such that at all times reasonably possible all of the required affordable units shall not be occupied by tenants holding Section 8 certificates. b. Furthermore, in the event the owner rents an affordable unit to a household holding a federal certificate, the rental agreement (or lease agreement, as applicable) between the owner, as landlord, and the tenant shall expressly provide that monthly rent charged shall be the affordable rent required for the affordable unit (not fair market rent) and that the rent collected directly from such tenant holding a federal certificate shall be not more than the specified percentage of the tenant's actual gross income pursuant to the applicable federal certificate program regulations; i.e., the rent charged to such tenant under the rental agreement shall be the affordable rent chargeable under the affordability covenant and not fair market rent for the area, as would otherwise be permitted under the applicable federal certificate program. c. The owner shall not apply selection criteria to Section 8 certificate holders which are more burdensome than criteria applied to any other prospective tenants. d. If and to the extent these restrictions conflict with the provisions of Section 8 of the United States Housing Act of 1937 or any rules or regulations promulgated thereunder, the provisions of Section 8 of the United States Housing Act of 1937 and all implementing rules and regulations thereto shall control. 23 Ordinance No. 03 (2024) 12. Annual Monitoring Fee. Each regulatory agreement shall contain a provision requiring the owner to reimburse City for the estimated reasonable costs incurred by the City in administering and monitoring the owner's compliance with the regulatory agreement, including, but not limited to, City's review of annual compliance reports and conduct of inspections and/or audits. (e) Recordation. Each regulatory agreement entered into pursuant to this section shall be recorded as a covenant against the property prior to final or parcel map approval, or, where the development project does not include a subdivision map, prior to issuance of a building permit for any structure in the development project. Except as otherwise authorized by the City Manager, the regulatory agreement shall remain a senior, non -subordinate covenant and as an encumbrance running with the land for the full term thereof, and in no event shall the regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants. (f) Delegation of Authority. The City Manager is authorized to approve and execute each regulatory agreement and any amendments thereto on behalf of the City. The City shall maintain authority of each regulatory agreement and the authority to implement each regulatory agreement through the City Manager. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, make and execute further agreements and/or enter into amendments of each regulatory agreement on behalf of City. (g) Fees. The City may charge a fee or fees to recover the City's reasonable costs to implement the provisions of this Section. Any such fees shall be adopted by resolution of the City Council. (h) Reimbursement of Professional Fees and Costs. To the extent not factored into the fee or fees established pursuant to subsection (g), in addition to such fees, the development proponent and/or owner shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third -party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with (i) preparation of the regulatory agreement and ancillary documents; (ii) establishing the affordable sales price and verifying the incomes and eligibility of prospective buyers of for -sale affordable units; (iii) review of the initial marketing and management plan and any amendments thereto; (iv) review of annual compliance reports submitted by an owner pursuant to a regulatory agreement; and (v) inspections and audits. (i) Preparation of Regulatory Agreement; Reimbursement Agreement. Unless otherwise approved by the City Manager, each regulatory agreement shall be prepared by the City at the cost of the applicant and/or owner. Prior to the City commencing preparation of a regulatory agreement, the applicant and/or owner shall execute a reimbursement agreement with the City in a form approved by the City Manager and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City for preparation of the regulatory agreement, as determined by the director in his or her reasonable discretion. The City Manager or his or her designee is authorized to execute said reimbursement agreement on behalf of the City. 24 Ordinance No. 03 (2024) Sec. 22.18.040 Review of housing development projects. (a) Purpose. The purpose of this Section is to implement specified provisions of State law pertaining to review by the City of applications for permits and/or land use entitlements for housing development projects. In the event of any conflict between the provisions of this Section and any provision of State law, the provision of State law shall govern. (b) Definitions. As used in this section, the following terms shall have the following meanings: 1. "Housing Accountability Act" means and refers to the provisions of Government Code Section 65589.5. 2. "Housing development project" shall have the same meaning as defined in the Housing Accountability Act and includes (a) developments consisting of two or more residential units, (b) mixed -use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, and (c) transitional housing or supportive housing. 3. "Housing element parcel" means and refers to any parcel of land identified in the City's general plan housing element site inventory described in subdivision (a)(3) of Government Code Section 65583, or in a housing element program to make sites available pursuant to subdivision (c)(1) of Government Code Section 65583, for residential development to meet the City's share of regional housing need allocated pursuant to Government Code Section 65584. 4. "Housing for very low, low, or moderate income households" shall have the same meaning as defined in the Housing Accountability Act. 5. "Specific, adverse impact" shall have the same meaning as defined in the Housing Accountability Act. Generally, a "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application for a housing development project is deemed complete. (c) Compliance with State law. 1. Generally. Notwithstanding any provisions of this Development Code, all proposed housing development projects shall be reviewed in accordance with requirements and limitations imposed by State law, including, but not limited to, Government Code Sections 65589051 65915-659181 65583, 65584, 65863, 6590565, 65912.100-65912.1051 65852024; 65852,281 65913-65913.161 65914.7, 65940-65945.3,65650-656561 65660-656887 66300-66301, and 66499.41. Except to the extent otherwise provided by State law, such review shall ensure that proposed housing development projects comply with State law and all applicable, objective standards, provisions, conditions and requirements of the general plan, any applicable specific plan, this Development Code, and other applicable ordinances and policies of the City. 2. Findings required for disapproval of housing development projects. As provided in the Housing Accountability Act, when a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was 25 Ordinance No. 03 (2024) deemed complete, the final review authority shall not disapprove the project or impose a condition that the project be developed at a lower density unless the review authority makes written findings, based on a preponderance of the evidence on the record, that (a) the project would have a specific, adverse impact on public health and safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density, and (b) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. 3. Additional findings required for disapproval of housing development projects for very low, low, or moderate income households. As provided in the Housing Accountability Act, the final review authority shall not disapprove a housing development project for very low, low, or moderate income households or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low, or moderate income households, including through the use of design review standards, uMess it makes written findings, based upon a preponderance of the evidence in the record, as required by subdivision (d) of the Housing Accountability Act. (d) Consistency review of housing development projects. The director is authorized to review and determine whether an application for a housing development project is consistent and complies with applicable, objective general plan, zoning, and subdivision standards and criteria within the time period(s) prescribed by law, including, but not limited to, those set forth in subdivision (j) of the Housing Accountability Act. (e) Housing development projects subject to discretionary review. The provisions of this subsection shall apply to the consideration of applications for development review, conditional use permits, or other quasi-judicial approvals required for the construction or operation of a housing development project that is not subject to ministerial review by the director. In the event of a conflict between the provisions of this subsection and any other provision of this Development Code, the provisions of this subsection shall apply. 1. Hearings. Government Code Section 95905.5 limits the number of hearings the City may conduct in connection with consideration of an application for a housing development project. Therefore, for so long as Government Code Section 95905.5 so provides and remains in effect, no more than five hearings or continued hearings shall be conducted in connection with consideration of an application for a housing development project, unless otherwise agreed to by the applicant or the applicant's designated representative. A meeting at which a hearing is continued to another date without public testimony or substantial discussion of the project occurring shall not count as one of the five allowed hearings. The final review authority shall consider and either approve, conditionally approve, or disapprove the application at one of the five hearings allowed pursuant to Government Code section 95905.5; provided, however, that, unless otherwise provided by law, the application shall not automatically be deemed approved if the final review authority does not act on the application at one of the five allowed hearings. 2. Required findings. Except as otherwise permitted or required by State law, the final review authority shall approve or conditionally approve an application for development review, a conditional use permit, or other quasi-judicial approval for a housing development project unless it makes written findings for disapproval in 26 Ordinance No. 03 (2024) accordance with the Housing Accountability Act. If applicable, the final review authority shall also make no net loss findings pursuant to Section 22,18,050, The findings set forth in Sections 22,48,040 and 22.58.040 are not required to be made as a prerequisite to approval or conditional approval of a site development permit or conditional use permit for a housing development project. 3. Conditions of approval. The final review authority may impose reasonable conditions of approval that are necessary to ensure that a proposed housing development project complies with all local, state and federal laws, and that impacts resulting from the development are adequately mitigated, subject to the limitations set forth in the Housing Accountability Act, 4. Environmental review. Except as otherwise provided by law, a discretionary permit or approval for a housing development project shall not be approved until all applicable provisions of the California Environmental Quality Act have been complied with. (f) Ministerial review. The provisions of this subsection shall apply in the event that State law or any provision of this Code requires a housing development project to be reviewed ministerially and/or designates a housing development project a "use by right" as defined in Government Code Section 65583.2. Housing development projects subject to ministerial review include, without limitation, (a) multi -family housing development projects located on Housing Element Parcels, in which at least twenty percent (20%) of the housing units are affordable to lower -income households, and (b) housing development projects that satisfy the criteria set forth in Government Code Sections 65650 et. seq., 65660 et. seq., 65852.21 and/or 66411.7, 65852,28 and/or 66499.41, 65912.110 et. seq., 65912.120 et. seq., 65913.4, or 65913.16 or in Health and Safety Code Section 17021.8. 1. The director is authorized to ministerially review and approve or disapprove the applications) for the proposed housing development project in accordance with applicable law. The director's decision shall be transmitted to the applicant in writing within the time period mandated by law. Decisions of the director may be appealed to the Commission, who's decision shall be final. 2. If the ministerial approval of a housing development project will result in fewer residential units by income category than projected for a housing element parcel in the general plan housing element, the "no net loss" provisions of Government Code Section 65863 and Section 22.18.050 apply and the director must also make the required findings. 3. Except to the extent otherwise provided by State law, the director shall not ministerially approve a proposed housing development project unless it complies with all applicable, objective standards, provisions, conditions and requirements of the general plan, this Development Code, and other applicable ordinances and policies of the City. 4. Except as otherwise provided by State law, a ministerial approval pursuant to this subsection shall remain valid for two years from the date of the final action establishing that approval and shall continue remain valid thereafter provided demolition and grading activity on the development site has begun pursuant to a permit issued by the City and is in progress. (g) Standard conditions. The director is authorized to promulgate, modify, and enforce standard conditions and requirements that apply to approved housing development projects, 27 Ordinance No. 03 (2024) which implement applicable State, City, and other local agency standards, provisions, and conditions, provided such standard conditions and requirements are consistent with the provisions of the Diamond Bar City Code and State law. Sec. 22.18.050 No Net Loss (a) Purpose. The purpose of this section is to implement the No Net Loss Law and the "no net loss" provisions of the Housing Crisis Act. (b) Definitions. The following definitions shall apply for purposes of this Section: 1. "Housing Crisis Act" means and refers the provisions set forth in Chapter 12 of Division 1 of Title 7 of the Government Code, commencing with Section 66300, as such provisions may be amended from time to time. 2. "Housing element parcel" means and refers to any parcel of land identified in the City's general plan housing element site inventory described in subdivision (a)(3) of Government Code Section 65583, or in a housing element program to make sites available pursuant to subdivision (c)(1) of Government Code Section 65583, for residential development to meet the City's share of regional housing need allocated pursuant to Government Code Section 65584. 3. "Lower residential density" has the same meaning as defined in the No Net Loss Law. Except as otherwise provided in the No Net Loss Law, lower residential density means fewer residential units in any income category than were (a) projected in the housing element site inventory to be accommodated on a housing element parcel or (b) projected in a housing element program to be developed on a housing element parcel. 4. "Not Net Loss Law" means and refers to the provisions of Government Code Section 65863, as such provisions may be amended from time to time. (c) No net loss provisions applicable to all parcels where housing is an allowable use. With respect to land where housing is Cl" allowable use, the Housing Crisis Act limits the City's authority to change the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or to reduce the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district. Therefore, notwithstanding any other provisions of this Development Code, for so long as the Housing Crisis Act continues to so limit the City's authority, the City shall not be obligated to accept or process an application for a general plan amendment, zoning map amendment, or zoning text amendment affecting a parcel on which housing is an allowable use if said application requests to change the general plan land use designation, specific plan land use designation, or zoning applicable to the parcel in a manner that would reduce the parcel Is residential development capacity. (d) No Net Loss Law provisions applicable to housing element parcels. 1. Reductions of allowable residential density. Except as otherwise authorized pursuant to the No Net Loss Law, in addition to any other findings required pursuant to Sections 22.60, 22.70, and/or any other applicable provision of this Development Code, prior to or concurrent with approving any general plan amendment, specific plan amendment, zoning ordinance, or any other action to reduce, or require or permit the Ordinance No. 03 (2024) reduction of, the allowable residential density for any housing element parcel, the City Council shall make written findings supported by substantial evidence of both of the following: a. The reduction of residential density is consistent with the adopted general pIan, including the housing element. bI The remaining sites idened in the housing element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584. This finding shall include a quantification of the remaining unmet need for the City's share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level. 2. Approval of development of a housing element parcel at a lower residential density. a. Prior to or concurrent with approving an application allowing development of a housing element parcel at a lower residential density, the final review authority shall make a written finding supported by substantial evidence as to whether the remaining sites identified in the housing element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584. This finding shall include a quantification of the remaining unmet need for the City's share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level. b. If the final review authority approves a development project on a housing element parcel that results in a lower residential density and does not find that the remaining sites identified in the housing element are adequate to accommodate the City's share of the regional housing need by income level, the City shall within 180 days identify and make available additional adequate sites to accommodate the City's share of the regional housing need by income level in accordance with the No Net Loss Law. This subdivision shall not be interpreted to require the City to approve an application for any permit or legislative action associated with a proposed development project. However, pursuant to the No Net Loss Law, the final review authority for a permit for a proposed housing development project may not disapprove that permit on the basis that its approval would require the City to identify and make available additional adequate sites to accommodate the City's share of the regional housing need. 3. Applicant responsibility. If an applicant for a development project or permit requests in its initial application, as submitted, anon -residential development or a se or or residential development at a residential density that would result in the remaining sites in the housing element not being adequate to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584, the applicant shall assist the City to comply with the No Net Loss Law as follows: 29 Ordinance No. 03 (2024) aI The applicant shall identify and include with its application a list of additional potential candidate sites to accommodate the shortfall in the City's share of the regional housing need by income level that would result from the proposed development project, along with such evidence as is reasonably requested by the director necessary to show that such candidate sites are adequate sites pursuant to Government Code Section 65583.2 and proof that the owner or owner(s) of each such candidate site consents to rezoning and/or identification of the site in the housing element. To the extent allowed by State law, sufficient additional adequate sites must be identified before the application may be deemed complete. b. The applicant shall fund and/or provide outreach to property owners and tenants of property within the vicinity of candidate sites as required by the director, including, without limitation, the mailing of written notices and the advertisement and conduct of community meetings to provide information to interested community members about the identification and/or potential rezoning of the candidate sites. c. To the extent permitted by State law, the applicant shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third -party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the identification of candidate sites and determination of their adequacy pursuant to Government Code Section 65583.2 and/or the preparation and processing of any required general plan and/or zoning amendments. Concurrent with submittal of an application for the proposed development project, the applicant shall execute a reimbursement agreement with the City in a form approved by the City Manager and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City, as determined by the director in his or her reasonable discretion. The City Manager is authorized to execute said reimbursement agreement on behalf of the City. Section 10. Paragraph 1 of Sub -subsection a. of Subsection (5) of Section 22.30.080 (Driveways and site access) of Title 22, Chapter 22.30 of the Diamond Bar City Code is hereby amended to provide additional clarification pertaining to the permitted location of a driveway extension and to replace the existing diagram with a new diagram, as follows (deletions in strike+hrni g-1 text and additions shown in double underline): (5) Driveway width and length. a. Single-family uses. 1. Driveways are intended only to provide access to required off-street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard area. An extension of the primary driveway may be approved if the pavement width of the extension does not exceed 12 feet, is located toward the Nearest side property line nearest to the driveway and the total hardscape area of the front yard does not exceed 50 percent of the existing front yard area. An extension of the driveway toward the side yard farthest from the driveway shall not be permitted. Front yard area shall be measured from the front property line to the front building line. 30 Ordinance No. 03 (2024) Front Yard 0 W G Ui W IL Z O Z F X W } � W O SIDEYARD I I ■ DRIVEWAY EXTENSION I NOT PERMITTED I I ■ =FRONT YARD Section 11. Table 3-15 (Required Setbacks —Accessory Uses and Structures) of Section 22.42.110 (Residential accessory uses and structures) of Title 22, Chapter 22.42 of the Diamond Bar City Code is hereby amended to specify setback requirements for fish ponds and fountains in the front yard of single-family detached homes, as follows (deletions in str;kethFeu text and additions shown in double underline): Single -Family Detached Homes Accessory Structure Type of Setback' Required Setback 2 Swimming pool, spa, the -fish Sides, rear 5 feet pond, outdoor play Street side As required for main structure equipment, fss, Notes: (1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the director. 31 Ordinance No. 03 (2024) (2) A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject parcel. (3) Rear yard setback for a detached accessory structure on a double -frontage parcel shall be a minimum of 20 percent of the parcel depth to a maximum of 25 feet. 44 Shall be in compliance with the standards set forth in the Building Code, such as maximum depth and pool barrier requirements. Section 12 Section 22.42.120 (Accessory dwelling units) of Title 221 amended to conform with Chapter 22.42 of the State law, as follows additions shown in double underline): dwelling units and junior accessory Diamond Bar City Code is hereby (deletions in strokethro irrh text and Sec. 22.42.120. -Accessory dwelling units and junior accessory dwelling units. The purpose of this section is to provide for the creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with state law, in order to provide for additional housing opportunities for development of low- and moderate -income housing for the community in keeping with the Housing Element of the Diamond Bar General Plan. (1) Applicability. Except as otherwise provided by state law, the standards and limitations set forth in this section apply to the development of new ADUs and JADUs in the City. (2) Interpretation. The provisions of this section shall be interpreted to be consistent with the provisions of Chapter 13 of Division 1 of Title 7 of the Government Code somas 65852.2 and 65855 22and shall be applied in a manner that is consistent with state law. (3) Effect of Conforming. Consistent with state law, an ADU that conforms to the provisions of this section (a) shall be deemed an accessory use or an accessory bung and shall not be considered to exceed the allowable density for the lot upon which it is located; (b) shall be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located; and (c) shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (4) Definitions. As used in this section, the following terms shall have the following meanings: a. The terms "accessory dwelling unit", "accessory structure", "efficiency unit", "living area", "nonconforming zoning condition", "passageway", "proposed dwelling", "public transit", and "tandem parking" all have the same meaning as that stated in Government Code section 658522.2 66313 as that section may be amended from time to time. The terms "accessory dwelling unit" and "ADU" shall have the same meaning. b. The term "junior accessory dwelling unit" shall have same meaning as that stated in Government Code section 66313 ���F''.''''�"`��` as that section may be amended from time to time. The terms "junior accessory dwelling unit" and 32 Ordinance No. 03 (2024) "JADU" shall have the same meaning. c. The term "attached ADU" means an ADU, other than a converted ADU, that is physically attached to a primary dwelling structure. d. The term "detached ADU" means an ADU, other than a converted ADU, that is physically separated from, but located on the same lot as, a primary dwelling structure. e. The term "converted ADU" means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, storage areas, or similar uses. A converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure. (5) Areas Allowed. a. ADUs. ADUs conforming to the provisions in this section may be located on any lot in the city that is zoned to allow single-family or multifamily residential uses and that includes a proposed or existing legally developed single-family dwelling, duplex, or multifamily dwelling. b. JADU. JADUs conforming to the provisions in this section may be located within a proposed or existing legally developed single-family dwelling on any lot in the city that is zoned to allow single-family residential uses. (6) Number Allowed. a. Single -Family Lots. No more than one ADU or JADU shall be allowed on a lot developed or proposed to be developed with asingle-family dwelling; provided, however, that a single-family lot may have both one JADU and either (i) one ADU located within the proposed space of a single-family dwelling or within the existing space of a single-family dwelling or accessory structure, or (ii) one detached, new construction, ADU not exceeding 800 square feet in total floor area. b. Multifamily Lots. Multifamily lots may have ei#her up to two detached ADUs and e� multiple converted ADUs as follows: No more than a total of two (2) detached ADUs may be constructed on a lot developed or proposed to be developed with one or more multifamily dwelling structures. On lots with no detached ADUs, one (1) or more converted ADUs may be constructed within portions of existing multifamily dwelling structures that are not used as livable space. No converted ADUs may be constructed within the existing livable space of a multifamily structure. The number of ADUs permitted under this subsection shall not exceed twenty-five (25) percent of the existing multifamily dwelling units on the lot. For the purpose of 33 Ordinance No. 03 (2024) calculating the number of allowable accessory dwelling units: (a) previously approved ADUs shall not count towards the existing number of multifamily dwelling units; and (b) fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) converted ADU shall be allowed. ■_ . ■ (7) ADU Standards and Criteria. a. Development Standards. Except as modified by this subsection or as otherwise provided by state law, an ADU shall conform to the height, setback, landscaping, lot coverage, and other development standards applicable to the lot on which it is located, as set forth in the Development Code and/or in an applicable specific plan or planned development ordinance or resolution. Notwithstanding the foregoing, when the application of a development standard related to floor area ratio, lot coverage, open -space, front setbacks. or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet, such standard shall be waived to the extent necessary to allow construction of an ADU of up to 800 square feet. b. Location on Lot. Attached and detached ADUs shall not be constructed within required setback areas. New detached ADUs shall be located in the rear half of the lot. Notwithstanding the foregoing, a portion of an ADU may be constructed within the required front setback area if, and only to the extent that, application of the requirements of this subsection (7)(b) would not permit an ADU of up to 800 square feet to be constructed on the lot in compliance with all other applicable development standards. c. Access. An attached or converted ADU shall maintain independent exterior access from the proposed or existing primary dwelling structure. Such access shall not be located on the front of the primary dwelling structure or face the street on which the primary dwelling fronts. d. Passageway. No passageway shall be required in conjunction with the construction of an ADU. e. Setbacks. Side and Rear Yard Setbacks. Minimum setbacks of no less than four (4) feet from the side and rear lot lines are required for new attached and detached ADUs. Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear setbacks of the existing converted structure are sufficient for fire and safety, as dictated by current applicable uniform building and fire codes. f. Building Separation. 34 Ordinance No. 03 (2024) A minimum separation of six feet is required between a detached ADU and the primary dwelling unit. ii. A minimum separation of six feet is required between an attached or detached ADU and all other freestanding accessory structures, including freestanding garages, on the property, provided, however, that a detached ADU may be attached to a freestanding garage in compliance with all Building Code requirements. iii. Building separation requirements do not apply to converted ADUs that do not include an expansion of floor area of the existing structure. g. Minimum ADU Size. An ADU shall have a minimum floor area of at least 220 square feet. h. Maximum ADU Size. Attached ADUs: The total floor area of an attached ADU shall not exceed the following: 1. Studio or one bedroom: 850 square feet or fifty percent (50%) of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square feet. 2. Two or more bedrooms: 1,000 square feet or fifty percent (50%) of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square feet. Detached ADUs: The total floor area of a detached ADU shall not exceed the following: 1. Studio or one bedroom: 850 square feet. 2. Two or more bedrooms: 1,000 square feet. 3. Notwithstanding the foregoing, where a detached ADU and a JADU are combined on the same lot, the total floor area of the detached ADU shall not exceed 800 square feet. Converted ADUs: The maximum size limitations set forth in this subsection do not apply to converted ADUs that do not increase the existing floor area of a structure. In addition, a converted ADU created within an existing accessory structure may include an expansion of not more than 150 square feet beyond the physical dimensions as the existing accessory structure to the extent necessary to accommodate ingress and egress. 35 Ordinance No. 03 (2024) iv. Patios and Porches. An attached or detached ADU may include an attached covered patio and/or porch, which, if provided, shall be integrated into the design of the ADU and shall not exceed 60 square feet in size. Such a patio or porch shall not be considered in calculating the floor area of the ADU for purposes of the above maximum unit size limitations. Height. Detached ADUs: A. Except as provided below, the heiaht of a detached ADU on a lot with an existina or proposed single-family or multifamily dwellina unit gr^�leQ shall not exceed sixteen (16) feet_ in "1,,—H8igtlt aty measured from the finished grade to the highest area of the roofline B. The heiaht of a detached ADU located on a lot with an existina or proposed multifamily, multistory dwelling unit, shall not exceed eighteen (181 feet. C. The heiaht of a detached ADU located on a lot with an existina or proposed single-family or multifamily dwelling- unit that is within one- half of one mile walking distance of a major transit stop or a hiah- uality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall not exceed eighteen (18) feet: provided, however, that up to an additional two (2) feet in heiaht is allowed if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. ii. Attached ADUs: The heiaht of an attached ADU shall not exceed twenty-five (25) feet or the heiaht limitation that applies to the primary dwellina. whichever is lower. In no event shall an attached ADU exceed two (2) stories. Converted ADUs: Converted ADUs are not subject to a height limitation. Measurement: The heiaht of an ADU shall be as measured from the finished rade to the highest area of the roofline. j. Exterior Design. Except to the extent necessary to meet current fire and building codes. man ADU shall match the architectural style and design features of the primary residential structure as provided below in^l„king but net limiter? to, Exterior finishes: Exterior finish Ar4materials shall be the same as or visually match those of the primary residential structure in terms of —colors. type. size. and placement. ^i,rfa^e treatments and details; Roof+Rg Pitch: T-,-y��if^ and "ater;als-Roof pitch shall be the same as the redominant roof pitch of the primary residential structure; . Trim: The trim around the doors and windows shall be the same type and finish as the primary residential structure; aid 36 Ordinance No. 03 (2024) iv. Windows: moo, forme and dimonsionnl raties Windows shall match those of the primary residential structure in terms of type, proportion (height and width ratio) and orientation (vertical vs. horizontal): v. Eaves: For an attached ADU. eaves shall project from the ADU the same distance as the eaves on the primary residential structure. For a detached ADU, eaves shall project from the ADU at least one foot on all elevations: vi. Fascia Boards: Fascia boards shall match the primary structure or in the event the primary structure has 2x4, shall be no wider than 2x6; and vii. The front elevation of an ADU that is visible from the street shall have the same architectural details as the primary residential structure. A converted ADU that is constructed within all or a portion of the permitted existing interior space of a dwelling or accessory structure is not required to meet the foregoing exterior design standards; provided. however. that exterior alterations to the structure such as those necessary to meet buildina_codes_must meet the relevant design standards above k. Recreational Vehicles. Neither the primary residence nor the proposed ADU shall be a recreational vehicle. Off -Street Parking. One additional off-street parking space must be provided for a new attached or detached ADU. This parking space shall be accessible from the exiSt!Rg as p driveway approach, and may be provided in setback areas or as tandem parking on a driveway, unless specific findings are made by the director that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety concerns. An existing driveway may be widened to accommodate the one off-street parking space pursuant to section 22.30.080. Notwithstanding the foregoing, an additional off-street parking space is not required to be provided in the following instances: 1. If the ADU is located within one-half mile walking distance of public transit. 2. If the ADU is located within a historic district. 3. If the ADU is part of the proposed or existing primary residence or an accessory structure; 4. When on -street parking permits are required but not offered to the occupant of the ADU. 5. When there is a car share vehicle located within one block of the ADU. 37 Ordinance No. 03 (2024) 6. If the ADU is a detached ADU that has a total floor area of 800 square feet or less. 7. If the ADU is located on a lot developed or proposed to be developed with one or more multifamily dwelling structures. The parking space required for a new attached or detached ADU is in addition to the parking spaces required for the primary dwelling. However, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. m. Utility Service. Utilities serving an ADU (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the primary residence. An ADU shall not be provided with separate metered utilities, unless otherwise required by applicable building, fire or electrical code provisions. For any ADU using septic facilities allowed by the California Regional Water Quality Control Board and the city, written certification of acceptability and approval by the local health officer shall be submitted. n. Impact Fees. Construction of an ADU is subject to applicable development impact fees adopted by the City pursuant to California Government Code, Title 7, Division 1, Chapter 5 (commencing with § 66000) and Chapter 7 (commencing with § 66012). No impact fee is required for an ADU that is less than 750 square feet in size. Any impact fee that is required for an ADU that is 750 square feet or more in size shall be charged proportionately in relation to the square footage of the primary dwelling. For purposes of this section, "impact fee" does not include any planning application fee, plan check fee, or building permit fee that is otherwise applicable. (8) Standards and Criteria Applicable to JADUs. a. Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family dwelling, including an existing attached garage. b. Unit Size. A JADU shall not exceed 500 square feet in size. c. Separate Entrance. A JADU must include a separate entrance from the main entrance of the proposed or existing single-family residence in which it located. d. Kitchen Requirements. A JADU must include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. e. Bathroom Facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the proposed or existing single-family dwelling in which it is located. If a JADU does not include separate sanitation facilities. the JADU must include an interior entrance to the primary dwelling's main living area. f. Parking. No additional off-street parking is required for a JADU beyond that Ordinance No. 03 (2024) required at the time the existing primary dwelling was constructed. However, when an existing attached garage is converted to a JADU, any required off-street parking spaces for the primary dwelling that are eliminated as a result of the conversion shall be replaced. These replacement parking spaces may be located in any configuration on the same lot, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces. g. Fire Protection. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit. h. Utility Service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit. A JADU shall be served by the same water, sewer, and other utility connections serving the primary single-family dwelling in which it is located, and no separate utility meters shall be permitted for a JADU. (9) Other Requirements. a. No Separate Conveyance. Except as otherwise provided in Government Code section 650�`;2,2666341 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be owned, sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner that would authorize such separate sale, conveyance, or ownership. b. No Short -Term Rental Permitted. An ADU or JADU may be rented, although rental is not required. Any rental term of an ADU or JADU that is legally created after June 1, 2017 shall be longer an 30 days or lonaerI c. Owner Occupancy. i. ADUs. Owner -occupancy of a lot on which an ADU is located is not required. ii. JADUs. An owner of record of the single-family lot upon which a JADU is located shall occupy either the JADU or the remaining portion of the primary single-family dwelling as his/her/their principal residence. In the event owner occupancy of the property ceases, the JADU shall automatically become unhabitable space, shall not be used as a separate dwelling unit, and shall not be separately rented or leased for any purpose. D. Recorded Covenant. Prior to the issuance of a building permit for an ADU or a JADU, the owners) of record of the property shall provide to the director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction recorded against the property, which is in a form prepared by and/or acceptable to the director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns; shall contain restrictions pertaining to ownership and conveyance, rental, owner occupancy, and the size and attributes of the ADU / JADU that conform to this section; and shall provide that it may not be modified or terminated without the prior written consent of the director. 39 Ordinance No. 03 (2024) (10) Permit Application and Review Procedures. a. Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this section or by state law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. However, fire sprinklers shall not be required if they are not required for the primary dwelling, and the construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dw�. b. Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees. c. Review. Except as otherwise provided herein. tThe director shall consider and approve or disapprove a complete application for an ADU or JADU ministerially without discretionary review or public hearing within sixty (60) days from the date the City receives a complete application. Notwithstanding the foregoing sentence. beginning January 1. 2025, the director shall consider and approve or disapprove a complete application for a detached ADU within thirty (301 days from the date the City receives a complete application if the application utilizes either it an ADU plan pre -approved by the City within the current triennial California Building Standards Code rulemakina cycle or (ii) a plan that is identical to a plan used in an application for a detached ADU approved by the City within the current triennial California Building Standards Code rule -making cycle. Review is limited to whether the proposed ADU or JADU complies with the requirements of this section and/or state law, as applicable. If the director disapproves an application for an ADU or JADU, the director shall concurrently return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. If an applicant requests a delay in processing the application, the time period for the director to review of an application shall be tolled for the period of the requested delay. If the application to create an ADU or a JADU is submitted with an application to create a new single-family or multifamily dwelling on the lot, the director may delay acting on the application for the ADU or the JADU until the City acts on the application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. d. Zoning Conformity. The City shall not require the correction of nonconforming zoning conditions, buildin code violations. or unpermitted structures that do not presenta_ threat to public health and safetv and are not affected by the construction of the ADU as a condition of approval of a permit application for the creation of an ADU or JADU. e. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU will be reviewed with the application for the ADU and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with Ordinance No. 03 (2024) an ADU, unless the property is located within an architecturally and historically significant historic district. e f. Conformity with State Law. The City shall not apply any requirement or development standard provided for in this section to an ADU or a JADU to the extent prohibited by any provision of state law, including, but not limited to, subdivision Ua {eof Government Code section 6632362. Section 13. Title 22, Chapter 22.42 of the Diamond Bar City Code is hereby amended to add new Section 22.42.170 pertaining to transitional and supportive housing to read in its entirety as: Sec. 22.42.170. —Transitional and supportive housing. (a) Transitional Housing and Supportive Housing. Consistent with subdivision (c)(3) of California Government Code Section 65583, transitional and supportive housing are considered residential uses of property and shall be subject only to those permit requirements, development standards, and restrictions that apply to other residential dwellings of the same type or configuration in the same zoning district, as determined by the department based on the predominant characteristics of the proposed development. The applicant for a transitional or supportive housing development shall provide all information reasonably requested by the department necessary to establish that the proposed use meets the definition of transitional housing or supportive housing pursuant to California Government Code Section 65582. (b) Permanent Supportive Housing For Persons Experiencing Homelessness. Notwithstanding any other provision of this Development Code, in accordance with California Government Code Section 65650 et. seq., a supportive housing development shall be a use by right in any zoning district where multifamily and mixed uses are permitted and shall be reviewed and approved by the Director ministerially through the zoning clearance and/or plot plan procedures within the time periods set forth in California Government Code Section 65653 if it conforms to each of the following requirements: i. The development shall consist of 50 units or fewer. ii. The development shall conform to all objective development standards and policies that apply to multifamily dwellings or multifamily residential components of mixed -use projects in the zoning district in which the development is located; provided, however, that, if the proposed development is located within one-half mile of a public transit stop, no minimum parking requirements shall apply to the units occupied by supportive housing residents. iii. The development shall satisfy all requirements set forth in California Government Code Section 65651, including, without limitation, the following: A. Units with the development shall be subject to a recorded affordability restriction for 55 years. B. One hundred percent of the units, excluding managers' units, within the development shall be restricted to lower income households and receiving Gail Ordinance No. 03 (2024) public funding to ensure affordability of the housing to lower income Californians. C. At least 25 percent of the units in the development or 12 units, whichever is greater, shall be restricted to residents who meet criteria of the target population as defined in California Health and Safety Code Section 50675.14. If the development consists of fewer than 12 units, then 100 percent of the units, excluding manager's units, in the development shall be restricted to such residents. D. Nonresidential floor area shall be used for onsite supportive services in the following amounts: 1. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services. 2. For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens. E. The project shall replace any existing or previously demolished protected units on the site in the manner provided in subdivision (c)(3) of Government Code Section 65915. F. Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at a minimum, a stovetop, a sink, and a refrigerator. The applicant shall submit for review and approval by the Director a plan for providing on -site supportive services, along with supporting documentation, in accordance with California Government Code Section 65652. Such on -site supportive services may include, but are not limited to, transportation services, counseling services, individual case management, job readiness training, assistance in applying for competitive employment, housing retention assistance services, health status improvement services, mental health services, drug rehabilitation services, parenting services, and budgeting and life skill services. v. The property owner shall enter into a regulatory agreement with the City, in a form approved by the City Manager, to ensure compliance with the provisions of Government Code Section 65651 and this Section. The regulatory agreement shall be recorded as a covenant against the property prior to issuance of a building permit for any structure in the development. The regulatory agreement shall remain a senior, non -subordinate covenant and as an encumbrance running with the land for the full term thereof. In no event shall the covenant or regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants. The Ordinance No. 03 (2024) City Manager is authorized to approve and execute each regulatory agreement and any amendments thereto on behalf of the City. (c) Low -Barrier Navigation Centers. Notwithstanding any other provision of this Development Code, a low -barrier navigation center shall be permitted as a use by right in any areas zoned for mixed use and in nonresidential zoning districts permitting multifamily uses and shall be reviewed and approved by the Director ministerially through the zoning clearance and/or plot plan procedures within the time periods set forth in California Government Code Section 65664 if it satisfies the requirements set forth in California Government Code Section 65662. The applicant for low -barrier navigation center shall provide all information reasonably requested by the department necessary to establish that it meets all applicable requirements. Section 14. Table 4-1 of Section 22.44.020 (Authority for land use and zoning decisions) of Title 22, Chapter 22.44 of the Diamond Bar City Code is hereby amended to delete the "Hearing Officer" column from the Table and to identify the Director, rather than Hearing Officer, as the review authority for administrative development reviews and minor conditional use permits, as follows (deletions in strikethre iivh text and additions shown in double underline): Type of Permit or Decision Director u Planning City Council 9#+Eer Commission Administrative development Final €+ Appeal Appeal review Minor conditional use Final Fiiai permits Note: The director and ho^rin.. l,ffi.•or may defer action on permit applications and refer the items) to the commission for the final decision. Section 15. Subsection (a) of Section 22.44.040 (Application fees) of Title 22, Chapter 22.44 of the Diamond Bar City Code is hereby amended to make a typographical correction, as follows (deletions in strikethrou`vh text and additions shown in double underline): (a) Filing fees required. The council shall, by resolution, establish a schedule of fees for permits, entitlements, amendments, and other matters pertaining to this Development Code, hereafter referred to as the city's fee resolution. The schedule of fees may be changed or modified only by resolution of the council. The city's processing fees are cumulative. For example, if an application for a lot line adjustment also requires a minor variance, both fees will be charged. Also, specified projects may be subject to a deposit and an hourly rate, 43 Ordinance No. 03 (2024) rather then than a flat application feels), in compliance with the city's fee resolution. Processing shall not commence on an application until all required fees/deposits have been paid. Without the application fee, or a deposit if applicable, the application will not be deemed complete. Section 16. Subsection (a) of Section 22.47.020 (Applicability) of Title 22, Chapter 22.47 of the Diamond Bar City Code is hereby amended to remove decks and tenant improvements from the list of improvements requiring a plot plan review, as follows (deletions in strikethrou text and additions shown in double underline): (a) Required. A plot plan review shall be required prior to the issuance of a building, grading, or other construction permit, or other authorization required by the Municipal Code or this Development Code. A plot plan review shall also be required for additions of 301 square feet or larger and less than 50 percent of the existing habitable floor area of all existing structures on the site in residential zoning districts, retaining walls, decks tenant impmyem^n+, and similar structures/improvements. Where no other authorization is required, a request for plot plan review shall be approved by the department before the commencement of any business or land use activity. Section 17. Subsection (b) of Section 22.48.030 (Application, processing, and review) of Title 22, Chapter 22.48 of the Diamond Bar City Code is hereby amended to identify the Director, rather than Hearing Officer, as the review authority for administrative development reviews, as follows (deletions in strikethro gh text and additions shown in double underline): (b) Factors to be considered. In conducting the review for a particular project, the "^nrin,v n{fi^^r director or commission shall consider the location, design, site plan configuration and the overall effect of the proposed project upon surrounding properties and the city in general. Review shall be conducted by comparing the proposed project to applicable general plan policies, any applicable specific plan, development standards, design guidelines, and other applicable ordinances for the city. Section 18. Section 22.48.050 (Responsibility for development review) of Title 22, Chapter 22.48 of the Diamond Bar City Code is hereby amended to make a typographical correction and to identify the Director, rather than Hearing Officer, as the review authority for administrative development reviews, as follows (deletions in Arikethro irvh text and additions shown in double underline): Sec. 22.48.050. -Responsibility for development review. (a) rin„n/nmm�ni rn„;n,n, nnmmiooinn Planning Commission. The commission is authorized to impose conditions which may include the following: (1) Requirements for open spaces, screening and buffering of adjacent properties, fences, and walls; (2) Requirements for installation and maintenance of landscaping and erosion control measures; Ordinance No. 03 (2024) (3) Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; (4) Regulation of hours or other characteristics of operation; (5) Requirements for maintenance of on -site improvements; (6) Establishment of development schedules or time limits for performance or completion; and (7) Other conditions necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare and necessary to make the findings required by section 22.48.040 (Findings and decision) above. (b) Administrative development reviewI Hea ;. g ^fF;^ Director. The hearing ^#i^or director is authorized to impose conditions which may include those areas listed in section 22.48.050(a), above. If, in the opinion of the hearing Off iGer director, the application involves unusual site development requirements or unique operating characteristics, or raises questions of development policy pertaining to applications for administrative development review and that require commission consideration, the hearing ^ffi^or director shall defer and refer the application to the commission for review and decision. Section 19. Section 22.56.020 (Applicability) of Title 22, Chapter 22.56 of the Diamond Bar City Code is hereby amended to identify the Director as the review authority for minor conditional use permits, as follows (deletions in strikethFO i.-.h text and additions shown in double underline): Sec. 22.56.020. -Applicability. An application for a minor conditional use permit may be filed with the department in compliance with chapter 22.44 (Applications, Processing, and Fees) for a specified land use that is allowed within a particular zoning district with the approval of a minor conditional use permit. A public hearing is required for all minor conditional use permits, which shall be considered by the "oaring effinor director. Section 20. Subsection (c) of Section 22.56.030 (Application filing, processing, and review) of Title 22, Chapter 22.56 of the Diamond Bar City Code is hereby amended to identify the Director as the review authority for minor conditional use permits, as follows (deletions in StFokethrou " text and additions shown in double underline): Sec. 22.56.030. -Application filing, processing, and review. Cl) Filing. An application for a minor cononal use permit shall be completed, filed and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.56.040 (Findings and decision), below. (b) Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter. Ordinance No. 03 (2024) (c) Notice and hearings, upon receipt of a minor conditional use permit application in proper form, the hearing nffinnr director shall hold at least one public hearing, in compliance with chapter 22.72 (Public Hearings). Section 21. Section 22.56.040 (Findings and decision) of Title 22, Chapter 22.56 of the Diamond Bar City Code is hereby amended to identify the Director as the review authority for minor conditional use permits, as follows (deletions in strikethr^„^" text and additions shown in double underline): Sec. 22.56.040. -Findings and decision. Following a public hearing, the hol+rinn nffinor director shall record the decision in writing with the findings on which the decision is based, or may refer the application to the commission. The minor conditional use permit application shall not be approved, with or without conditions, unless all of the following findings can be made: Section 22. Section 22.56.050 (Conditions of approval) of Title 22, Chapter 22.56 A the Diamond Bar City Code is hereby amended to identify the Director as the review authority for minor conditional use permits, as follows (deletions in strikethroug-14 text and additions shown in double underline): Sec. 22.56.050. —Conditions of approval. In approving a minor conditional use permit, the "n�rinn nffinor director may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by (Findings and decision), above. Section 23. Section 22.60.020 (Applicability) of Title 22, Chapter 22.60 of the Diamond Bar City Code is hereby amended to make a typographical correction, as follows (deletions in strikethrou text and additions shown in double underline): A specific plan, which is designed to provide for flexibility and encourage i�evate innovative use of land resources and development of a variety of housing and other development types, shall be required under the following circumstances: (1) Sphere of influence. Areas included within the city's sphere of influence require the preparation of a specific plan to protect unique biological resources, create fiscal benefits for the city, and enhance its infrastructure; (2) Planning areas. Areas designated planning areas (PA) require the preparation of a specific plan in compliance with chapter 22.12 (Special Purpose Zoning Districts); (3) Specific plan zoning district. Areas designated specific plan zoning district require the preparation of a specific plan in compliance with chapter 22.12 (Special Purpose Zoning Districts); and (4) Private property owners. A specific plan, as a tool which is available to private property owners not covered by subsections (1), (2), and (3), above, could assist in the comprehensive master planning of a specific site(s). Ordinance No. 03 (2024) Section 24. Subsection (a) of Subsection (1) of Subsection (b) of Section 22.68.020 (Restrictions on nonconforming uses) of Title 22, Chapter 22.68 of the Diamond Bar City Code is hereby amended to make a typographical correction, as follows (deletions in str'kethFeu text and additions shown in double underline): (b) Nonconforming use of a conforming structure. The nonconforming use of a structure that otherwise conforms with applicable provisions of this Development Code may be continued, transferred, and sold, as follows, provided that no structural alterations, except those required by law, are made: (1) Expansion of use. The nonconforming use of a portion of a conforming structure may be extended throughout other portions of the structure. However, an expansion shall not: a. Be granted more than one time; and b. Exceed a maximum of ten percent of the total floor area of the structure before the expansion. Section 25. Paragraph (2) of Subsection (b) of Section 22.68.030 (Restrictions on nonconforming structures) of Title 22, Chapter 22.68 of the Diamond Bar City Code is hereby amended to clarify the reference to side setbacks, as follows (deletions in s#Okethreug-4 text and additions shown in double underline): (b) Changes to, or expansion of, a structure. The addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure, may be allowed with minor conditional use permit approval, in compliance with chapter 22.56, (Minor Conditional Use Permits). The hearing officer may approve a minor conditional use permit only if the following findings can be made, in addition to those contained in section 22.56.040 (Findings and decision). In the case of residential dwelling units with nonconforming setbacks or distance separations to dwelling units on adjoining parcels, a minor conditional use permit shall not be required if the proposed change or expansion meets the following criteria: (1) The addition or improvement conforms to all other applicable provisions of this Development Code; and (2) An addition to the first floor (i.e., the floor level closest in elevation to the adjacent street grade) or lower levels may have the same side setbacks as the adjoining portion of the existing structure; however, if the existing adjoining side setback is less than five feet, the exterior limits of new construction shall maintain a minimum five-foot setback. Section 26. Section 22.80.020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar City Code is hereby amended to revise the definitions of "supportive housing" and "transitional housing" to conform to State law, replace the existing definition of "school" with new separate definitions for "private school," "public school," and "trade school," replace the existing definition of "studios for art, dance, music, photography, etc." with new separate definitions for "studio" and "specialized education and training," revise, and add new definitions for "low -barrier navigation center" 47 Ordinance No. 03 (2024) and "public right-of-way," as follows (deletions in c+r;Kethroug- text and additions shown in double underline): (I) Definons, "L." The following definitions are in alphabetical order: Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 6-6 (Lot Features). The director shall determine lot width for parcels of irregular shape. Low-barriernaviaation center. A Housing First. low -barrier. service -enriched shelterfocused on moving people into permanent housina that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A low -barrier navigation center includes any facility that meets the definition and reauirements set forth in Sections 65660 and 65662 of the California Government Code Lumber and wood product manufacturing. Manufacturing, processing, and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products: Containers, pallets and skids Milling operations Trusses and structural beams Turning and shaping of wood products Wholesaling of basic wood products Wood product assembly Craft -type shops are included in "handcraft industries and small-scale manufacturing." Other wood and cabinet shops are included under "furniture and fixture manufacturing." The indoor retail sale of building materials, construction tools and equipment is included under "building material stores." (p) Definitions, "P." The following definitions are in alphabetical order: Public nuisance. A public nuisance affects an entire community or neighborhood, or any considerable number of persons at the same time, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Civil Code § 3480. A public nuisance is an act or omission which interferes with the interests of the community or interferes with the public health, safety, and welfare. Public right -of --way. The area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads within the city that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets. Ordinance No. 03 (2024) Public safety facilities. Facilities operated by public agencies including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. (s) Definitions, "S." The following definitions are in alphabetical order: training,SGheek An iRStikltmeR ef learning, whether publiG or pFivate that offers mnstrLIGtien, rresnend e n int et or other moans s„ch as: Carr c-spvr rcreFi Ear GiV iSi(3rr-,TrrE�Fr�cc �--vr-vrrrcr-rrrcaTT.ruucrr-crr. Boarding schools Business, seGretarial , and Vecatienal schools Community colleges colleges and „nivemities , Elementarymiddle, and unior high schools , , Establishments nreyiding ce, rrses by mail or Internet High scheels Military academies Drefes sT'�Vn'a'l1schools (law,medT,nine eta 7 Seminaries/religious ministry training facilities Art sTr stuQiev Ballet and other daR� studies Gemp ,tars and electronics Languag e �Vla..,,yyrt al arts st„die Oath ih Tutorial senrices GGMRIURiGations, and management, ■ . School,•te. An institution conducting regular academic• •' •. is not a trade school Ordinance No. 03 (2024) School. Public. A public governmental institution conducting regular academic instruction at kindergarten, elementary, secondary, or higher levels. School. Trade. Private schools offering preponderant instruction in the technical, commercial and/or trade skills, such as real estate schoolsbusiness colleges, electronic schools, automotive and aircraft technician schools, and similar commercial establishments. Second hand stores. Indoor retail establishments that buy and sell used products, including books, clothing, furniture and household goods. The sale of antiques is included under "art, antique, collectible and gift sales." The sale of cars and other used vehicles is included under "auto, mobile home and vehicle sales." Does not include pawn shops. Sound level meter. An instrument, including a microphone, an amplifier, an output meter and frequency weighting network, for the measurement of sound levels, that satisfies the requirements pertinent for Type S2A meters in American National Standards Institute specifications for sound level meters. Specialized education and training. Small scale facilities. typically occu_pvina no more than one demised instructional space. These include facilities for, but not limited to, art, ballet and other dance. drama, drivers' education, language, martial arts, math, music, science, tutorial services. Also includes facilities. institutions and conference centers that offer specialized programs in personal growth and developmentincluding fitness, environmental awareness, communications. and management. Does not include preschools and child day care facilities (see "child day care facilities"). Stand. A natural grouping of three or more trees. aTCYNNII a" a am Studio. The workplace of one (1) or more individuals who are engaged in the production of works of art or handcrafts for a living. including. but not limited to. painting. sculpture. music. photography, ceramics and glass works. Subdivider. A person, firm, corporation, partnership or association, a governmental agency, public entity, or public utility, or the grantor to any such agency, entity, utility, or subsidiary, who proposes to subdivide land or real property for themselves or others, except employees and consultants or other persons or entities acting in this capacity on behalf of the subdivider. Supportive housing. u^^�r^cvmigaTed�s�en+�' hn, icinn �,� n,-n��; A housing development. as defined in either Section 65582 or 65650 of the California Government Code. with no limit on length of stay, that is occupied by the applicable target population as defined in con+inn 50675 14 of the ('nlifn min unnl+h nnrJ Cafofiv ('nr7o and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community. SuppeFtive housing shall be GE)RsideFed a Fesidential use subj8Gt tO the same standards as ether similar resident d a! uses of the same type On the same zene, based upon the predominant eperatip@ nharnn+oric+inc of the use. Supportive housing does not include parolee -probationer homes; nor K Ordinance No. 03 (2024) does this definition include commercial lodging facilities providing prenatal and/or postnatal accommodations. (t) Definitions, "T." The following definitions are in alphabetical order: Transitional housing. #eus+r�gA form of supportive housina consistina of buildinas configured as rental housing developments, but operated under program requirements that re uire oa#-#sr the termination of assistance and recirculatina Yenirn on of the assisted unit to another eligible program recipient at some predetermined future point in time whiGh that shall be no less than six months from the beginning of the assistance, pursuant to Subsec n (h) of Section he GalifEWRia Health and Safety Go . Transitional hOLISiRg shall p�co pi-rcii�cr°a a Fe s i d e ntia l use subjeGt W the same standards as ether similar residential uses ef the sarne type On the same ZORe, based i loon the predominant operating nharaGteriStOGS of the use. Transitional housing does not include parolee -probationer homes; nor does this definition include commercial lodging facilities providing prenatal and/or postnatal accommodations. Section 27. The City Council finds that this Ordinance is not subject to, and/or is exempt from, review under the California Environmental Quality Act ("CEQA"). The amendments pertaining to transitional and supportive housing, low -barrier navigation centers, general residential care facilities, affordable housing and density bonus regulations, dwelling unit protection regulations, review by the City of applications for permits and/or land use entitlements for housing development projects, and no net loss regulations implement or repeat existing provisions of state law and are therefore ministerial actions that are not subject to CEQA. In addition, the amendments pertaining to transitional and supportive housing, low - barrier navigation centers, general residential care facilities, density bonus regulations, and accessory dwelling units were contemplated in the Housing Element Update and are within the scope of the Final EIR No. SCH 2O18051066 for the Diamond Bar 2040 General Plan certified by the City Council on December 17, 2019, as addended pursuant to the Addendum adopted by the City Council on August 11, 2022 in conjunction with adoption of the Housing Element Update, and thus no further environmental review is required as to these amendments pursuant to Public Resources Code Section 21166 and Section 15162 of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because the amendments will not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts. To the extent they are subject to review under CEQA, the amendments to Section 22.42.120 pertaining to accessory dwelling units are also statutorily exempt from CEQA pursuant to Public Resources Code section 21080.17 and CEQA Guidelines section 15282(h). 51 Ordinance No. 03 (2024) To the extent they are subject to review under CEQA, the amendments pertaining to transitional and supportive housing and low -barrier navigation centers are categorically exempt pursuant to CEQA Guidelines sections 15301 (Existing Facilities) and 15303 New Construction or Conversion of Small Structures). To the extent they are subject to review under CEQA the amendments modifying the definitions and use tables pertaining to schools, studios, and facilities for education and training in the I (light industry) zoning district are categorically exempt pursuant to CEQA Guidelines section 15301 (Existing Facilities) as the type of uses under these use categories are already permitted or conditionally permitted in the applicable zones or less intensive zones (i.e., studios are existing permitted uses in commercial zoning districts and are similar to other uses already permitted in the I (light industry) zoning district). The amendments clarifying permitted locations and projections into setbacks for porches (Section 22.16.090) and specifying setback requirements for fish ponds and fountains in the front yard of single-family detached homes (Section 22.42.110) are categorically exempt pursuant to CEQA Guidelines section 15303 (New Construction or Conversion of Small Structures). The amendments that correct typographical errors, delete obsolete provisions, add or correct cross-references to other Development Code sections or state statutes, clarify ambiguities in existing definitions or regulations, implement or repeat existing state law requirements, or relate only to review procedures or requirements are not considered a Project under CEQA, as defined in section 15378(b)(5) of the State CEQA Guidelines, as they organizational and administrative actions of government that will not result in direct or indirect physical changes in the environment. To the extent not otherwise exempt from review for other reasons stated herein, the Ordinance is not subject to CEQA because it can be seen with certainty that the proposed Development Code Amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines). Section 28. Severability. If any section, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. 52 Ordinance No. 03 (2024) Section 29. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective 30 days after adoption pursuant to Government Code Section 36937. PASSED, APPROVED and ADOPTED this 16t" day of July, 2024. THE CITY OF Liu, Mayor ATTEST: MOND BAR: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 18t" day of June, 2024, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 16t" day of July, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Chou, Low, MPT/Teng, M/Liu None Tye None Kristina Santana, City Clerk 53