HomeMy WebLinkAbout2025.01.27 Agenda Packet - Special MeetingCity Council Agenda
Special Meeting
Monday, January 27, 2025
6:30 PM
Windmill Community Room, Diamond Bar City Hall, 21810 Copley Dr.,
Diamond Bar, CA 91765
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JANUARY 27, 2025 PAGE 2
ANDREW CHOU
Council Member
STAN LIU
Council Member
RUTH M. LOW
Council Member
CHIA YU TENG
Mayor
STEVE TYE
Mayor Pro Tem
City Manager Dan Fox • City Attorney Omar Sandoval • City Clerk Kristina Santana
DIAMOND BAR CITY COUNCIL MEETING RULES
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required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions
regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business
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PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during the
time the item is taken up by the Council. In addition, members of the public may, during the Public
Comment period address the Council on any Consent Calendar item or any matter not on the
agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City
Council at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The
Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity of the matter, the length of the agenda, the hour and any other relevant consideration.
Speakers may address the Council only once on an agenda item, except during public hearings,
when the applicant/appellant may be afforded a rebuttal.
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the meeting after being warned by the Mayor or the Mayor’s designee that their behavior is
disrupting the meeting, may result in the person being removed from the meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and are
posted in the City’s regular posting locations, on DBTV (on Spectrum Cable Channel 3 and Frontier
FiOS television Channel 47) and on the City’s website at www.diamondbarca.gov/agendas. The
City Council may take action on any item listed on the agenda.
HELPFUL PHONE NUMBERS
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available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley
Dr., Diamond Bar, California, during normal business hours.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
SPECIAL MEETING
January 27, 2025
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL: Chou, Liu, Low, Mayor Pro Tem Tye,
Mayor Teng
APPROVAL OF AGENDA: Mayor
1. PUBLIC COMMENTS:
This public comment period is for items listed on the Special Meeting Agenda
ONLY. Please complete a Speaker Card and give it to the City Clerk (completion
of this form is voluntary) and your name will be called after the Mayor opens the
public hearing. There is a five minute maximum time limit when addressing the
City Council.
2. PUBLIC HEARINGS:
2.1 GENERAL PLAN AMENDMENT, DEVELOPMENT CODE AMENDMENT
AND ZONING MAP AMENDMENT TO IMPLEMENT THE 2021-2029
HOUSING ELEMENT.
Recommended Action:
A. Open the public hearing to receive public testimony;
B. Close the public hearing;
C. Adopt Resolution No. 2025-04 amending the General Plan Land Use
and Economic Development Element to implement Program H-8 of the
City’s Certified 2021-2029 Housing Element; and
D. Introduce first reading by title only, waive full reading of the Ordinance,
and schedule the second reading and adoption at the next regularly
scheduled City Council meeting.
ORDINANCE NO. 01 (2025): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
JANUARY 27, 2025 PAGE 2
AMENDING VARIOUS PROVISIONS OF TITLE 22
(DEVELOPMENT CODE) OF THE DIAMOND BAR CITY CODE
TO ESTABLISH A HOUSING ELEMENT SITE OVERLAY
DISTRICT TO IMPLEMENT THE GENERAL PLAN.
Requested by: Community Development Department
3. ADJOURNMENT:
2.1
Agenda #: 2.1
Meeting Date: January 27, 2025
CITY COUNCIL ®! AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: GENERAL PLAN AMENDMENT, DEVELOPMENT CODE
AMENDMENT AND ZONING MAP AMENDMENT TO IMPLEMENT THE
2021-2029 HOUSING ELEMENT.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Open the public hearing to receive public testimony;
B. Close the public hearing;
C. Adopt Resolution No. 2025-04 amending the General Plan Land Use and Economic
Development Element to implement Program H-8 of the City's Certified 2021-2029
Housing Element; and
D. Introduce first reading by title only, waive full reading of the Ordinance, and schedule
the second reading and adoption at the next regularly scheduled City Council
meeting.
ORDINANCE NO. 01 (2025): 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 ESTABLISH A HOUSING ELEMENT SITE OVERLAY
DISTRICT TO IMPLEMENT THE GENERAL PLAN.
FINANCIAL IMPACT:
None.
BACKGROUND:
Under Government Code section 65583.4(a), local governments must complete
Packet Pg. 5
rezonings to align with their 6th Cycle housing elements within three years and 120
days of the statutory deadline for adopting their housing elements. For Diamond Bar
and other agencies in the Southern California Association of Governments (SCAG)
region, this deadline is February 12, 2025. However, due to the extraordinary
challenges posed by recent wildfires, the State Department of Housing and Community
Development (HCD) has extended the deadline to March 12, 2025.
Program H-8 of Diamond Bar’s 6th Cycle Housing Element, covering the years 2021
through 2029, commits the City to rezone the General Plan’s three Mixed-Use
designations to allow residential development at a minimum density of 20 dwelling units
per acre and a maximum density of at least 30 dwelling units per acre. Failure to
complete these rezones by the statutory deadline places the City at risk of having the
State decertify our Housing Element, and exposes the City to the potential
consequences of decertification as outlined in this report.
In light of the foregoing, it is recommended that the City Council adopt the attached
resolution and ordinance approving the following actions:
1. Amend the Land Use and Economic Development Chapter of the General Plan
(“Land Use Element”) to allow a maximum residential density of 30 dwelling units per
acre in the Town Center Mixed Use designation.
2. Amend Title 22 (Development Code) of the Diamond Bar City Code to establish the
housing element site (H) overlay zoning designation and associated development
standards as set forth in the attached draft ordinance.
3. Amend the Official Zoning Map to rezone the sites identified in Program H -8 of the
Housing Element with the H zoning designation.
The recommended actions are limited to those that the City has already committed to in
order to implement the 2021-2029 Housing Element and other applicable policies of the
General Plan.
On December 17, 2019, the City Council adopted the Diamond Bar General Plan
Update (“General Plan 2040”) and the Climate Action Plan (“CAP 2040”) to create a
vision and blueprint for development through 2040. General Plan 2040 establishes the
Town Center Mixed Use, Neighborhood Mixed Use, Transit Oriented Mixed Use, and
Community Core Overlay focus areas and corresponding land use designations,
estimates that up to 3,750 new housing units could be built in the city by 2040, and
anticipates that much of this growth will occur within these four focus areas.
On August 11, 2022, the City Council adopted the 6th Cycle Housing Element (hereafter,
“Housing Element”). On October 5, 2022, the California Department of Housing and
Community Development (HCD) certified the Housing Element, confirming its full
compliance with State Housing Element Law (Government Code Article 10.6).
The Housing Element identifies the Neighborhood Mixed Use, Neighborhood Mixed Use
and Transit-Oriented Mixed Use focus areas as the sites where the City’s 2021-2029
Regional Housing Needs Allocation (RHNA) of 2,516 residential units can be
2.1
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accommodated. These areas will facilitate residential development with minimum
densities of 20 dwelling units per acre and maximum densities of at least 30 dwelling
units per acre. As stated, these sites must be rezoned accordingly by March 12, 2025.
The Housing Element further states that specific plans will be prepared to guide the
long-term development of these focus areas in accordance with General Plan Goals
and Policies.
The City initiated Planning Case No. PL 2024-87, which proposes amendments to the
General Plan Land Use Element, the Development Code, and the Official Zoning Map
to implement Program H-8 of the Housing Element. These amendments are intended to
rezone sites within the Town Center Mixed Use, Neighborhood Mixed Use, and Transit-
Oriented Mixed Use focus areas until specific plans for each focus area are fully
adopted to align with the General Plan.
As of this writing, the Town Center Specific Plan (TCSP) has not been adopted.
Therefore, the proposed zone change would ensure the site complies with the Housing
Element while the TCSP is still in progress.
General Plan Amendment
The Land Use Element of General Plan 2040 established the City’s three mixed -use
districts to accommodate future residential growth through infill redevelopment. These
districts are highlighted on the map below:
Source: Diamond Bar General Plan 2040, page 2-10
2.1
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General Plan Table 2-2 currently establishes the following density criteria for the three
focus areas:
Table 2-2: Current Land Use Density/Intensity Standards
Land Use Density (du/ac) Intensity
(FAR)
Acreage % of
Planning
Area
CITY OF DIAMOND BAR
…
Mixed Use
Town Center Mixed Use Up to 20.0 Up to 1.5 45 <1
Neighborhood Mixed Use Up to 30.0 Up to 1.25 38 <1
Transit-Oriented Mixed Use Min. 20.0/Max 30.0 Up to 1.5 33 <1
…
Source: Diamond Bar General Plan 2040, page 2-16
To bring Table 2-2 into alignment with the Housing Element, the highlighted cells must
be updated as described below:
• The Town Center Mixed Use focus area consists of 45 acres along Diamond Bar
Boulevard, between Golden Springs Drive and the State Route 60 freeway flyover.
The Town Center is envisioned to become the City’s downtown, with residential,
retail, restaurant, entertainment and community gathering spaces to create a
walkable environment. The General Plan 2040 Land Use and Economic
Development Element currently allows a maximum residential density of 20 dwelling
units per acre within the focus area.
To implement Housing Element Program H-8, the table must be revised to increase
the maximum residential density to 30 dwelling units per acre , and establish a
minimum density of 20 dwelling units per acre. The TCSP will incorporate these
density standards.
• The Neighborhood Mixed Use focus area is envisioned as a combination of
residential and neighborhood serving retail and services to promote revitalization of
North Diamond Bar Boulevard between Sunset Crossing Road and Highland Valley
Road. A maximum residential density of 30 dwelling units per acre is permitted within
the 38-acre focus area.
As is the case for the Town Center, the table must be updated to also require a
minimum density of 20 dwelling units per acre whenever a residential or mixed -use
project is proposed in the Neighborhood Mixed Use designation.
• The 33-acre Transit-Oriented Mixed Use focus area is intended to leverage
underutilized sites around the Metrolink station to provide higher-density housing,
offices and supporting commercial uses close to regional transit. The Land Use
Element specifies a maximum FAR of 1.5 with residential densities between 20 and
30 dwelling units per acre.
2.1
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Because the density provisions for the Transit -Oriented Mixed Use designation
already align with the Housing Element, no further revisions to Table 2-2 are
required.
The required text revisions are provided in Exhibit “A” of the attached resolution in
Attachment 1.
Development Code Text Amendments
The attached draft ordinance (Attachment 2) establishes a new zoning designation
named housing element site (H) overlay district. The purpose of the H overlay district is
to allow multifamily dwellings as a standalone development, or as part of a mixed -use
development, on sites containing other uses that are permitted in the underlying zoning
district on which the overlay is applied. By applying the H overlay district to the Town
Center Mixed Use, Neighborhood Mixed Use and Transit Oriented Mixed Use Gene ral
Plan designations, residential development at a density of up to 30 dwelling units per
acre may occur in those areas prior to the adoption of their respective specific plans.
The development standards established for the high density residential -30 units/acre
(RH-30) zoning district will apply to multifamily residential development in the H overlay
district. For nonresidential components of mixed-use developments, the development
standards of the underlying zoning district would generally apply. The draft ordinance
also contains off-street parking standards for mixed-use developments where
reductions from the parking standards for standalone uses may be considered when
shared parking among uses with varying peak demand periods is proposed.
Zoning Map Amendments
The parcels comprising the proposed housing element site (H) overlay district are those
parcels with General Plan land use designations of Town Center Mixed Use,
Neighborhood Mixed Use, and Transit Oriented Mixed Use . The three sites subject to
rezoning are shown within the yellow boundary lines below.
1. Neighborhood Mixed Use
2.1
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2. Town Center Mixed Use
3. Transit Oriented Mixed Use
2.1
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The revised zoning map is included as Exhibit 1 to the draft ordinance. The map legend
depicts the zoning designations subject to the H overlay with the suffix “-H,”
accompanied graphically with vertical hatches on the map where the overlay applies, as
shown below:
ANALYSIS:
The City committed to rezoning the H overlay sites as far back as December 2019 when
the General Plan 2040 Update was adopted. This commitment was renewed and
2.1
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refined with the City Council’s certification of the Housing Element Update in August
2022, followed by HCD’s certification in October 2022.
Enforcement of California’s housing laws, including the RHNA requirements, has
intensified in recent years. Decertification of the Housing Element can trigger several
significant consequences, including:
• Loss of Zoning Control (Builder’s Remedy). Developers can invoke the builder’s
remedy, which limits the City’s ability to deny housing projects that include affordable
units, even if they conflict with local zoning laws. In other words, developers that
invoke the builder’s remedy effectively have a right to build housing on any property
not exclusively designated for public use, regardless of zoning designation.
• Legal Action and Penalties. The State Attorney General or housing advocacy
organizations may sue the city for noncompliance. Potential legal penalties could
include:
o Court-ordered mandates to bring the housing element into compliance.
o Significant financial fines for continued noncompliance.
• Ineligibility for State Funding. Cities with a decertified housing element may lose
access to certain state funding programs for housing, transportation, and
infrastructure projects. Examples include:
o CDBG funding
o Permanent Local Housing Allocation (PLHA) funding
o Regional Early Action Planning (REAP) grants
o SB 2 Planning Grants
• Increased State Oversight. HCD or the courts may impose additional oversight on
the City’s planning and zoning processes to ensure compliance with state housing
laws.
While staff has been proceeding in good faith on the Town Center Specific Plan, the
effort has taken longer than anticipated, and public hearings are not likely to take place
prior to late spring of 2025. The time and effort put into the TCSP thus far has delayed
the commencement of specific plans for the Neighborhood Mixed Use and Transit
Oriented focus areas.
With limited time remaining to meet the statutory deadline and avoid potential
consequences, it is recommended that the City Council adopt both the attached
resolution (Attachment 1) approving the proposed General Plan amendment and the
attached ordinance (Attachment 2) approving the Development Code amendment and
Official Zoning Map amendment.
The recommended actions fundamentally do nothing more than implement what the
City committed to when it adopted the 2021-2029 Housing Element. Specific plans for
the Neighborhood Mixed Use and Transit Oriented Mixed Use focus areas must still be
completed to implement the broader General Plan objectives for these areas, but those
2.1
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actions are not subject to statutory deadlines mandated under State Law.
ENVIRONMENTAL DETERMINATION:
In conjunction with the adoption of the Diamond Bar General Plan 2040 and the Climate
Action Plan 2040, the City prepared an Environmental Impact Report (EIR) to analyze
the potential environmental impacts of those plans. The City Council certified the EIR
on December 17, 2019, and the City filed a Notice of Determination on December 18,
2019.
In conjunction with adoption of the 2021 -2029 Housing Element, the City evaluated the
potential environmental impacts of the Housing Element in an addendum to the EIR.
The City Council adopted the addendum on August 11, 2022. The proposed housing
element site (H) overlay implements the densities established in the General Plan Land
Use Element and required by the 2021-2029 Housing Element for the Town Center
Mixed-Use, Neighborhood Mixed-Use, Transit Oriented Mixed-Use focus areas. The H
overlay would not result in any new significant impacts or a substantial increase in the
severity of previously identified significant impacts; therefore, no further environmental
analysis is required. (Public Resources Code § 21166; CEQA Guidelines §§ 15168,
15162.).
PLANNING COMMISSION REVIEW:
The Planning Commission held a properly-noticed public hearing on January 14, 2025
to consider the proposed actions. By a 4-0 vote (one absence), the Planning
Commission recommended that the City Council adopt the General Plan Amendment,
Development Code Amendment and Zoning Map Amendment as presented in this staff
report and in accordance with the attached draft resolution and ordinance.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution and Ordinance as to form.
PREPARED BY:
2.1
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REVIEWED BY:
Attachments:
1. 2.1.a Resolution No. 2025-04, General Plan Amendment
2. 2.1.b Orinance No 01 (2025), Housing Overlay
2.1
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RESOLUTION NO. 2025-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ADOPTING AMENDMENTS TO THE GENERAL PLAN 2040 LAND USE AND
ECONOMIC DEVELOPMENT ELEMENT TO IMPLEMENT HOUSING
PROGRAMS CONTAINED IN THE CITY’S CERTIFIED 2021-2029 HOUSING
ELEMENT.
WHEREAS, on December 17, 2019, the City Council adopted the Diamond Bar
General Plan 2040 and the Climate Action Plan 2040 to create a vision and blueprint for
development through 2040. The Diamond Bar General Plan 2040 establishes the Town
Center Mixed-Use, Neighborhood Mixed-Use, Transit Oriented Mixed-Use, and
Community Core Overlay focus areas and corresponding land use designations,
estimates that up to 3,750 new housing units could be built in the City by 2040, and
anticipates that much of this growth will occur within these four focus areas ;
WHEREAS, on August 11, 2022, the City Council adopted the City’s 2021-2029
General Plan Housing Element (“2021-2029 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. The 2021-2029 Housing Element identifies sites to accommodate the
City’s Regional Housing Needs Allocation (RHNA) of 2,516 residential units, including
through rezoning of underutilized sites in the Town Center Mixed-Use, Neighborhood
Mixed-Use, Transit Oriented Mixed-Use focus areas to allow residential development at
a minimum density of 20 dwelling units per acre and a maximum density of at least 30
dwelling units per acre;
WHEREAS, pursuant to State law, the City is required to rezone adequate sites to
accommodate its RHNA pursuant to the 2021-2029 Housing Element by March 12, 2025;
WHEREAS, the City is in the process of developing specific plans for the Town
Center Mixed-Use, Neighborhood Mixed-Use, Transit Oriented Mixed-Use focus areas to
fully implement the Diamond Bar General Plan 2040; however, these specific plans will
not be completed before the March 12, 2025 deadline;
WHEREAS, the City of Diamond Bar has initiated Planning Case No. 2024-87,
which includes proposed amendments to the General Plan Land Use and Economic
Development Element, Title 22 (Development Code) of the Diamond Bar City Code, and
the City’s Official Zoning Map to implement Program H -8 of the 2021-2029 Housing
Element (collectively, the “Housing Element Site Overlay”) to rezone sites within the Town
Center Mixed-Use, Neighborhood Mixed-Use, and Transit Oriented Mixed-Use focus
areas to implement Program H-8 of the 2021-2029 Housing Element until specific plans
for each of the focus areas that fully implement the General Plan are adopted;
2.1.a
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Resolution No. 2025-04
2
WHEREAS, in conjunction with the adoption of the Diamond Bar General Plan
2040 and the Climate Action Plan 2040, the City, as lead agency, prepared an
Environmental Impact Report, State Clearinghouse Number 2018051066, to analyze the
potential environmental impacts of those plans (the “EIR”). The City Council certified the
EIR on December 17, 2019, and the City filed a Notice of Determination on December
18, 2019. In conjunction with adoption of the 2021-2029 Housing Element, the City, as
lead agency, evaluated the potential environmental impacts of the Housing Element in an
addendum to the EIR, and the City Council adopted the addendum on August 11, 2022.
The proposed Housing Element Site Overlay implements the densities established in the
General Plan Land Use Element and required by the 2021 -2029 Housing Element for the
Town Center Mixed-Use, Neighborhood Mixed-Use, Transit Oriented Mixed-Use focus
areas. The Housing Element Site Overlay would not result in any new significant impacts
or a substantial increase in the severity of previously identified significant impacts;
therefore, no further environmental analysis is required. (Public Resources Code §
21166; CEQA Guidelines §§ 15168, 15162.);
WHEREAS, on January 14, 2025, the Planning Commission held a duly noticed
public hearing regarding the proposed Housing Element Site Overlay, reflected in the
proposed General Plan Amendment attached hereto as Exhibit “A” and incorporated by
reference into this Resolution, and duly considered all public testimony, evidence, and
staff analysis. At the conclusion of the public hearing, the Planning Commission adopted
a resolution recommending that the City Council adopt the proposed General Plan
Amendment; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The City Council hereby specifically finds that all of the facts set forth
in the Recitals of this Resolution are true and correct.
Section 2. Based on the findings and conclusions set forth above, the City Council
hereby approves Planning Case No. 2024-87 by adopting amendments to the General
Plan 2040 Land Use and Economic Development Element attached hereto as Exhibit “A”
and incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED this 27th day of January, 2025.
CITY OF DIAMOND BAR
__________________________
Chia Yu Teng, Mayor
2.1.a
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Resolution No. 2025-04
3
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify
that the foregoing Resolution was duly and regularly passed, approved and adopted by
the City Council of the City of Diamond Bar, California at its special meeting held on the
27th day of January, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
2.1.a
Packet Pg. 17
Resolution No. 2025-04
4
Exhibit “A”
AMENDMENTS TO THE GENERAL PLAN 2040 LAND
USE AND ECONOMIC DEVELOPMENT ELEMENT
Revisions to the following passages of the General Plan 2040 Land Use and Economic
Development Element are highlighted with strikethrough text to show deletions, and
double underline text to show additions.
1. The descriptions of the Town Center Mixed Use and Neighborhood Mixed Use
designations on Page 2-12 of the section entitled Land Use Classifications are revised
as follows:
Town Center Mixed Use
Allows and encourages a mix of uses with an emphasis on community-
serving and destination retail, dining, and entertainment uses. Offices and
professional services, and residential uses are also permitted. Maximum FAR
for non-residential uses is 1.5 and a maximum residential density of 20.0 to 30.0
dwelling units per acre (20.0 - 30.0 du/ac) is permitted.
Neighborhood Mixed Use
Allows a range of housing types and commercial uses, with a maximum FAR for
non-residential uses of 1.25 and a maximum residential density of 20.0 to 30.0
dwelling units per acre (20.0 - 30.0 du/ac). General Plan policies further
delineate permitted and desired mix of uses and housing types based on parcel
size and project location.
2. Page 2-16, Table 2-2 is revised as follows
Table 2-2: Land Use Density/Intensity Standards Summary Table
Land Use Density (du/ac) Intensity (FAR) Acreage % of
Planning
Area
CITY OF DIAMOND BAR
…
Mixed Use
Town Center Mixed Use Up toMin. 20.0/Max 30.0 Up to 1.5 45 <1
Neighborhood Mixed Use Up toMin. 20.0/Max 30.0 Up to 1.25 38 <1
Transit-Oriented Mixed Use Min. 20.0/Max 30.0 Up to 1.5 33 <1
…
Note: Intensity (FAR) applies to non-residential floor area only.
Note: The Golf Course and Community Core Overlay designations cover the same area.
***
2.1.a
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ORDINANCE NO. 01 (2025)
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
ESTABLISH A HOUSING ELEMENT SITE OVERLAY DISTRICT TO
IMPLEMENT THE GENERAL PLAN.
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 the Diamond Bar
General Plan 2040 and the Climate Action Plan 2040 to create a vision and blueprint for
development through 2040. The Diamond Bar General Plan 2040 establishes the Town
Center Mixed-Use, Neighborhood Mixed-Use, Transit Oriented Mixed-Use, and
Community Core Overlay focus areas and corresponding land use designations,
estimates that up to 3,750 new housing units could be built in the city by 2040, and
anticipates that much of this growth will occur within these four focus areas;
WHEREAS, on August 11, 2022, the City Council adopted the City’s 2021-2029
General Plan Housing Element (“2021-2029 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. The 2021-2029 Housing Element identifies sites to accommodate the
City’s Regional Housing Needs Allocation (RHNA) of 2,516 residential units, including
through rezoning of underutilized sites in the Town Center Mixed-Use, Neighborhood
Mixed-Use, Transit Oriented Mixed-Use focus areas to allow residential development at
a minimum density of 20 dwelling units per acre and a maximum density of at least 30
dwelling units per acre;
WHEREAS, pursuant to State law, the City is required to rezone adequate sites to
accommodate its RHNA pursuant to the 2021-2029 Housing Element by March 12, 2025;
WHEREAS, the City is in the process of developing specific plans for the Town
Center Mixed-Use, Neighborhood Mixed-Use, Transit Oriented Mixed-Use focus areas to
fully implement the Diamond Bar General Plan 2040; however, these specific plans will
not be completed before the March 12, 2025 deadline;
WHEREAS, the City of Diamond Bar has initiated Planning Case No. 2024-87,
which includes proposed amendments to the General Plan Land Use Element, Title 22
(Development Code) of the Diamond Bar City Code, and the City’s Official Zoning Map
to implement Program H-8 of the 2021-2029 Housing Element (collectively, the “Housing
Element Site Overlay”) to rezone sites within the Town Center Mixed-Use, Neighborhood
Mixed-Use, and Transit Oriented Mixed-Use focus areas to implement Program H-8 of
2.1.b
Packet Pg. 19
Ordinance No. 01 (2025)
2
the 2021-2029 Housing Element until specific plans for each of the focus areas that fully
implement the General Plan are adopted;
WHEREAS, on January 27, 2025, the City Council adopted Resolution No. 2025-
XX approving an amendment to the Land Use Element of the Diamond Bar General Plan
2040 to establish a minimum residential density of 20 dwelling units per acre on sites
within the Town Center Mixed-Use and Neighborhood Mixed-Use Land Use Designations
and a maximum residential density of 30 dwelling units per acre on sites within the Town
Center Mixed-Use Land Use Designation;
WHEREAS, the proposed amendments to the Development Code and Official
Zoning Map implement and are consistent with the General Plan, including the Land Use
Element and the 2021-2029 Housing Element;
WHEREAS, in conjunction with the adoption of the Diamond Bar General Plan
2040 and the Climate Action Plan 2040, the City, as lead agency, prepared an
Environmental Impact Report, State Clearinghouse Number 2018051066, to analyze the
potential environmental impacts of those plans (the “EIR”). The City Council certified the
EIR on December 17, 2019, and the City filed a Notice of Determination on December
18, 2019. In conjunction with adoption of the 2021-2029 Housing Element, the City, as
lead agency, evaluated the potential environmental impacts of the Housing Element in an
addendum to the EIR, and the City Council adopted the addendum on August 11, 2022.
The proposed Housing Element Site Overlay implements the densities established in the
General Plan Land Use Element and required by the 2021-2029 Housing Element for the
Town Center Mixed-Use, Neighborhood Mixed-Use, Transit Oriented Mixed-Use focus
areas. The Housing Element Site Overlay would not result in any new significant impacts
or a substantial increase in the severity of previously identified significant impacts;
therefore, no further environmental analysis is required. (Public Resources Code §
21166; CEQA Guidelines §§ 15168, 15162.)
WHEREAS, on January 14, 2025, the Planning Commission held a duly noticed
public hearing regarding the proposed Housing Element Site Overlay and adopted
Resolution No. 2025-02 recommending City Council approval of the proposed General
Plan, Development Code, and Zoning Map Amendments;
WHEREAS, on January 27, 2025, 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.
2025-02, 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.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals set forth above are true and correct and are
incorporated herein by reference.
SECTION 2. Chapter 22.14 of Title 22 of the Diamond Bar City Code is hereby
amended to add new Section 22.14.050, entitled “Housing Element Site Overlay,” to read
in its entirety as follows:
“Sec. 22.14.050 – Housing element site (H) overlay district.
(a) Purpose. The housing element site (H) overlay district is established to provide
development and land use regulations for the development of multifamily dwellings
on specified sites identified in the City of Diamond Bar 2021-2029 Housing
Element to accommodate the City’s unmet Regional Housing Needs Allocation
(RHNA).
(b) Applicability. The (H) overlay district shall apply to those parcels so designated on
the Zoning Map. The (H) overlay district generally applies to those parcels with a
General Plan land use designation of Town Center Mixed -Use, Neighborhood
Mixed-Use, and Transit-Oriented Mixed-Use identified in Tables B-3, B-4, and B-5
of Appendix B to the City of Diamond Bar 2021-2029 General Plan Housing
Element, which have not otherwise been made subject to the regulations of an
adopted specific plan or other residential or mixed-use zoning district.
(c) Uses. Multifamily dwellings shall be a permitted use on sites within the (H) overlay
district, either as a standalone development, or as part of a mixed-use
development containing other uses permitted within the underlying zoning district.
Other uses permitted by state law or another provision of the Development Code
to be developed on sites zoned for multifamily use shall also be permitted or
conditionally permitted, as applicable.
(d) Development Standards. Except as otherwise expressly provided in this section,
the site planning and development standards applicable to the development of
property within the RH-30 (high density residential-30 dwelling units per acre)
zoning district shall apply to developments within the (H) overlay district containing
multifamily dwellings. All other applicable development standards in the underlying
zoning district and not in conflict with this section shall apply to uses within a mixed-
use development containing a multifamily dwelling.
(e) Special Provisions Applicable to Lower-Income Sites. In accordance with
subdivision (h) of Government Code Section 65583.2, the following additional
regulations shall apply to those sites within the (H) overlay district identified in
Tables B-3, B-4, and B-5 of Appendix B to the City of Diamond Bar 2021-2029
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Ordinance No. 01 (2025)
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General Plan Housing Element to accommodate the City’s low- or very low-income
housing needs:
i. At least sixteen (16) dwelling units may be developed on the site.
ii. Residential uses shall occupy at least 50 percent of the total gross floor area
of any new development on the site.
iii. For developments in which 20 percent or more of the units are affordable to
lower income households, multifamily dwellings shall be considered a use
by right and shall be reviewed ministerially pursuant to section 22.18.040(f).
(f) Parking Requirements. Except as otherwise expressly provided in Section
22.18.010 or another provision of this Code, or by state law, the number of and
design of required off-street parking spaces shall be as set forth in Chapter 22.30.
The calculation of required parking spaces shall be based upon the parking
required for each individual use within a development. Where a mix of uses are
developed and two or more uses have distinct and differing peak parking usage
periods, an applicant may request, but shall not be entitled to, a reduction in the
required number of parking spaces. Such a request may be approved by the final
review authority, provided that the most remote space is located within 300 feet of
the use it is intended to serve (as measured along the most direct pedestrian path)
and the number of parking spaces provided shall not be less than either (i) the
demonstrated estimated peak demand for the site during any twenty-four hour
period, plus a 15 percent contingency, or (ii) the minimum number of spaces
required in Chapter 22.30 for use requiring the fewest spaces. A shared parking
analysis prepared by a duly licensed professional shall be provided by the
applicant to support a request for a parking reduction.
(g) Special Procedures Applicable to Housing Development Projects. The special
procedures applicable to housing development projects set forth in Chapter 22.18
shall apply to proposed development on sites within the (H) overlay district.
SECTION 3. The Zoning Map of the City of Diamond Bar is hereby amended as
shown in Exhibit 1 to this Ordinance to denote the Housing Element Site (H) Overlay
District for the applicable properties.
SECTION 4. If any section, subdivision, paragraph, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each section, subdivision,
paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or
more) section, subdivision, paragraph, sentence, clause or phrase had been declared
invalid or unconstitutional.
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SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause a certified copy of this Ordinance to be posted within fifteen (15) days
after this Ordinance is passed and adopted, in the Office of the City Clerk and two
additional public places, together with the vote for and against the same.
ADOPTED this ___ day of ________, 2025.
Chia Yu Teng, Mayor
ATTES T:
I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify
that the foregoing Ordinance was introduced at the special meeting of the City Council
held on the 27th day of January, 2025, and was duly passed and adopted at a regular
meeting of the City Council held on the _____ day of _________, 202 5, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Kristina Santana, City Clerk
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2.1.b
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