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HomeMy WebLinkAboutORD 03 (2026)ORDINANCE NO. 03 (2026) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING THE TOWN CENTER SPECIFIC PLAN, AMENDING TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR CITY CODE TO ADD NEW CHAPTER 22.11 (MIXED USE DISTRICTS) AND TO ESTABLISH THE TOWN CENTER SPECIFIC PLAN (TCSP) ZONING DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR TO REZONE ALL PROPERTIES WITHIN THE TOWN CENTER MIXED USE GENERAL PLAN LAND USE DESIGNATION TO THE TOWN CENTER SPECIFIC PLAN (TCSP) DISTRICT. WHEREAS, On November 3, 1998 the City of Diamond Bar adopted a Development Code (Title 22 of the Diamond Bar City Code); and 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; and WHEREAS, the Town Center Mixed -Use focus area and land use designation encompasses those properties within an approximately 45-acre area along Diamond Bar Boulevard, between Golden Springs Drive and the SR-60 Freeway; and 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 Government 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. The 2021-2029 Housing Element expressly contemplates the implementation of a specific plan for mixed - use development in the Town Center Focus Area and encourages incentives to encourage and facilitate redevelopment in the Town Center Focus Area; and WHEREAS, on January 27, 2025, the City Council adopted Resolution No. 2025- 04 approving an amendment to the Land Use Element of the General Plan to establish a minimum residential density of 20 dwelling units per acre and a maximum residential density of 30 dwelling units per acre on sites within the Town Center Mixed -Use and Neighborhood Mixed -Use Land Use Designations, as required under Program H-8 of the; and WHEREAS, on February 4, 2025, the City Council adopted Ordinance No. 01 (2025), establishing the housing element site (H) overlay district to provide development Ordinance No. 03 (2026) 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 RHNA requirements. The Zoning Map was concurrently amended to apply the H overlay district designation to those parcels with a General Plan land use designation of Town Center Mixed -Use, Neighborhood Mixed -Use, and Transit -Oriented Mixed -Use. The H overlay district establishes a maximum residential density of 30 dwelling units per acre; and WHEREAS, to implement the Land Use and Economic Development and Housing Elements of the General Plan, the City of Diamond Bar initiated preparation of the Town Center Specific Plan ("TCSP") pursuant to Government Code sections 65450 through 65457 and corresponding amendments to the General Plan Land Use and Economic Development Element, Development Code, and Official Zoning Map to establish the TCSP as the regulatory document governing the Town Center Mixed -Use land use designation and to revise the General Plan criteria and the zoning designation applicable to the Planning Area covered by the Specific Plan as necessary to ensure consistency with, and implementation of, the Specific Plan's framework, including maximum residential density and permitted uses; and WHEREAS, the proposed TCSP would establish a regulatory framework to guide the transformation of the Town Center from the existing suburban -style retail shopping centers into a pedestrian -oriented downtown, providing housing opportunities, retail, restaurants, and entertainment uses within the City of Diamond Bar. Implementation of the TCSP is anticipated to result in the development of up to 2,055 housing units (an increase of 705 units); 200 hotel rooms (an increase of 103 rooms); 40,000 square feet of public open space (an increase of 40,000 square feet); and 446,000 square feet of commercial space (a net decrease of 64,000 square feet), including retail, dining, and entertainment uses, as compared to development anticipated for the area under the General Plan, as amended by the 2021-2029 Housing Element. Supporting infrastructure and development standards will be implemented through the TCSP and associated entitlements; and WHEREAS, the proposed General Plan Amendment would amend the Land Use and Economic Development Element to ensure consistency between it and the TCSP by specifying that the Town Center Mixed Use Land Use designation is implemented by the TCSP and project density may be increased over the maximum base residential density of 30.0 dwelling units per acre in certain circumstances only through application of either the State Density Bonus Law or the TCSP Inclusionary Incentive Program Standards described in the TCSP, or through density transfers as permitted in the TCSP; and WHEREAS, the proposed Development Code Amendment would establish a new Town Center Specific Plan zoning district that implements the TCSP and would incorporate the TCSP into the Development Code by reference. These provisions are proposed to be set forth in a new chapter 22.11 of the Development Code entitled "Mixed Use Zoning Districts," which will provide a framework for the incorporation of future specific plans implementing General Plan goals and policies for the the Neighborhood Mixed -Use and Transit Oriented Mixed -Use land use designations; and Ordinance No. 03 (2026) WHEREAS, the proposed Zoning Map Amendment would rezone all properties within the Town Center Mixed Use General Plan land use designation to the new Town Center Specific Plan (TCSP) District; and WHEREAS, the proposed General Plan Amendment, Town Center Specific Plan, Development Code Amendment, and Zoning Map Amendment are collectively referred to herein as the "Project"; and WHEREAS, on February 10, 2026, the City of Diamond Bar Planning Commission held a duly noticed public hearing regarding the Project and adopted Resolution No. 2026-02 making specified findings and recommending that the City Council adopt the proposed Town Center Specific Plan and corresponding General Plan, Development Code, and Zoning Map amendments; and WHEREAS, on February 20, 2026, notification of the City Council public hearing for the Project was published in the San Gabriel Valley Tribune. Public hearing notices were mailed to property owners within a 1000400t radius of the TCSP Planning Area, inclusive of the Planning Area, and notices were posted at the City's designated community posting sites; and WHEREAS, on March 3, 2026, the City Council held a duly noticed public hearing regarding the proposed Project; and WHEREAS, following the public hearing held on March 3, 2026, the City Council (1) adopted Resolution No. 2026-05 certifying the Final SIR for the Project, finding that the Final SIR was completed in compliance with the California Environmental Quality Act ("CEQK) ; finding that the Final SIR reflects the independent judgment and analysis of the City Council; finding that the Final SIR was presented to, and revised and considered by the, City Council; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring and Reporting Program; and (2) adopted Resolution No. 2026-06 approving a text amendment to the General Plan Land Use and Economic Development Element to ensure consistency between it and the TCSP by specifying that the Town Center Mixed Use Land Use designation is implemented by the TCSP and project density may be increased over the maximum base residential density of 30.0 dwelling units per acre in certain circumstances only through application of either the State Density Bonus Law or the TCSP Inclusionary Incentive Program Standards described in the TCSP, or through density transfers as permitted in the TCSP; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordains as follows: SECTION 1. Incorporation of Recitals The foregoing recitals set forth above are true and correct and are incorporated herein by reference. K? Ordinance No. 03 (2026) SECTION Z. Findings The City Council hereby finds and determines as follows: A. The City Council of the City of Diamond Bar has considered the proposed Town Center Specific Plan ("TCSP"), prepared pursuant to Government Code Sections 65450-65457. B. The TCSP is being adopted by ordinance in accordance with Government Code Section 65453, following a recommendation from the Planning Commission and after a duly noticed public hearing. C. The TCSP is consistent with the General Plan, as amended pursuant to City Council Resolution No. 2026-06, as required by Government Code Section 65454, in that it implements the General Plan's goals, policies, and land use framework applicable to the Town Center Mixed -Use land use designation, and provides regulatory standards and development guidance that further the General Plan's vision for orderly, compatible, and well -planned development. D. The TCSP complies with Government Code Section 65451 by including a statement of land uses, circulation and infrastructure provisions, development standards, and implementation measures necessary to carry out the General Plan within the Specific Plan area. E. The proposed Development Code and Zoning Map Amendments are internally consistent with the General Plan, the TCSP, and other adopted goals and policies of the City. F. The City Council hereby adopts the facts and reasons stated in Planning Commission Resolution No. 2026-02 recommending City Council approval of the Project, 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. SECTION 3. CEQA Compliance The City determined that the appropriate environmental document for the Project would be a Supplemental Environmental Impact Report ("SIR") to the Diamond Bar General Plan 2040 ("General Plan") and Climate Action Plan Program EIR, State Clearinghouse Number 2018051066, certified on December 18, 2019, as addended on August 11, 2022 with adoption of the 2021-2029 Housing Element Update, and an SIR has been prepared for the Project in compliance with the California Environmental Quality Act and the State CEQA Guidelines. On March 3, 2026, the City Council adopted Resolution No. 2026-05 certifying the Final SIR for the Project, finding the Final SIR was completed in compliance with CEQA; finding that the Final SIR reflects the independent judgment and analysis of the City Council; finding that the Final SIR was presented to, and reviewed and considered by, the City Council; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring and Reporting Program. 0 Ordinance No. 03 (2026) SECTION 4. Adoption of Specific Plan The Town Center Specific Plan, a copy of which is attached hereto and incorporated herein by reference as Exhibit 1, is hereby adopted. SECTION 5. Development Code Amendment Title 22 of the Diamond Bar City Code is hereby amended to add new Chapter 22.11, entitled "Mixed Use Districts," to read in its entirety as follows: "CHAPTER 22.11 —MIXED-USE ZONING DISTRICTS Sec. 22.11.010. —Purpose of chapter. This chapter provides regulations for development and new land uses in the mixed -use zoning districts established by section 22.11.020. Sec. 22.11.020. —Purpose of mixed -use zoning districts. The purposes of the individual mixed -use zoning districts and the manner in which they are applied are as follows: (1) TCSP (town center specific plan) district. The TCSP district implements the "Town Center Specific Plan" and is consistent with the town center mixed use land use category of the general plan. Sec. 22.11.030. —Mixed-use zoning district land uses, permit requirements, and development standards. (1) TCSP (town center specific plan) district. All development within the town center specific plan district shall be subject to the Town Center Specific Plan, as it may be amended from time to time. The Town Center Specific Plan is on file with the City Clerk and is incorporated herein by reference. Sec. 22.11.040. —Special provisions applicable to lower -income sites within mixed -use zoning districts. (1) TCSP (town center specific plan) district. In accordance with subdivision (h) of Government Code Section 65583.2, the following additional regulations shall apply to each site within the town center specific plan district identified in Table B-3 of Appendix B to the City of Diamond Bar 2021-2029 General Plan Housing Element to accommodate the City's low - or very low-income housing needs: (a) at least sixteen (16) dwelling units may be developed on the site; (b) 100% of the uses on the site may be residential; (c) residential uses shall occupy at least 50 percent of the total gross floor area of any new development on the site; (c) 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 Ordinance No. 03 (2026) shall be reviewed ministerially pursuant to section 22.18.040(f)." SECTION 6. Zoning Map Amendment The Zoning Map of the City of Diamond Bar is hereby amended as shown in Exhibit 2 to this Ordinance to rezone all properties within the Town Center Mixed Use General Plan Land Use designation to the Town Center Specific Plan (TCSP) District and to denote the Town Center Specific Plan (TCSP) District for the applicable properties. SECTION 7. Effective Date This Ordinance shall be effective 30 days after adoption pursuant to Government Code Section 36937, provided, however, that the effectiveness of this Ordinance shall be contingent upon the adoption and effectiveness of City Council Resolution No. 2026-06 approving and adopting the associated General Plan Amendment, Should Resolution No. 2026-06 not be adopted or take effect, this Ordinance shall automatically be deemed null and void. SECTION 8. Severability Clause If any section, for any reason validity of the that it would h subdivision, paragraph, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional, such decision shall not affect the emaining portions of this Ordinance. The City Council hereby declares section, subdivision, paragraph, sentence, clause or phrase had been SECTION 9. Certification and Posting of Ordinance declared invalid 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. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Diamond Baron the 17t" day of March, 2026. CITY OF --DIAMOND BAR Tye, Mayo Ordinance No. 03 (2026) ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was duly introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of March, 2026, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 17t" day of March, 2026, by the following vote: AYES: Councilmembers: Chou, Liu, Teng, M/Tye NOES: Councilmembers: None ABSENT: Councilmembers: MPT/Low ABSTAIN: Councilmembers: None loe Krist na Santana, City Clerk r� Exhibit 1 Town Center Specific Plan Bound separately due to document size. The full document has been provided to the City Council. Also available at www.downtown4db.com Exhibit 2 Amended Zoning Map Adopted July 25, 1995a As Amended Last Amended: , 2026 City Council Ordinance No. XX (2026) 'C �^ fit: i. 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