9.0 HOUSING
ELEMENT
2021-2029
Adopted August 11, 2022
Resolution No. 2022-44
9.0 HOUSING ELEMENT
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9.0 HOUSING PROGRAMS
Housing Element goals and policies are
implemented through a series of
housing programs described below.
Pursuant to §65583 of the Government
Code, a city’s housing programs must
address the following major areas:
• Conserve and improve the
condition of the existing supply of
affordable housing;
• Assist in the development of
adequate housing to meet the
needs of extremely-low, very-low,
low, and moderate-income
households;
• Provide adequate sites to
accommodate the city’s share of
the regional housing need for
households of each income level;
• Remove governmental constraints
to the maintenance,
improvement, and development
of housing, including housing for
all income levels and housing for
persons with disabilities;
• Promote the creation of
accessory dwelling units that can
be offered at affordable rents;
• Affirmatively furthering fair housing
and promote equal housing
opportunity
• Include a diligent effort to
achieve public participation of all
economic segments of the
community in the development of
the housing element.
Diamond Bar’s programs for addressing
these requirements are described in this
section.
Conserve and Improve the Condition of Existing Affordable Housing Conserving and improving the
condition of the housing stock is an
important goal for Diamond Bar.
Although the majority of the City's
housing stock is in good condition, a
significant portion of the housing stock
is over 30 years old, the age when most
homes begin to require major
rehabilitation improvements. By
identifying older residential neighborhoods for potential housing rehabilitation, the City has taken a
proactive approach to maintaining the
quality of its current housing stock. The
focus neighborhoods identified by this
Plan as evidencing physical problem
conditions can be specifically targeted
for City housing improvement
assistance.
Program H-1. Residential Neighborhood Improvement Program The City implements a proactive Neighborhood Improvement Program and neighborhood inspections are conducted on a regular basis throughout the entire City. The checklist for residential violations includes inoperable vehicles, trash storage, parking on paved areas only, structure maintenance, landscape maintenance, and fence and wall maintenance. After the neighborhood inspection, letters are sent out to all property owners in areas where violations have been observed. A follow-up inspection will be conducted, at which time any noticed properties found to be in violation of the Municipal Code are subject to a $100 citation.
9-56 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 When problems are observed, inspectors may refer residents to the Home Improvement Program (see Program H-2).
Eight-year objective: Continue to implement the code enforcement program, and direct eligible households to available rehabilitation assistance to correct code violations. Provide focused code enforcement and rehabilitation assistance for 5 to 6 households during the planning period in neighborhoods evidencing concentrations of deteriorating units.
Responsible agency: Community Development Department.
Timeline: Throughout the planning period.
Program H-2. Home Improvement Program
The City uses CDBG funds for minor home repair through the Home Improvement Program, where low/moderate income householders may receive up to a $20,000 no interest, deferred loan for home repair and rehabilitation. The City promotes and coordinates this program by posting information, reviewing applications and disbursing grant funds to eligible applicants.
Eight-year objective: Minor repair and rehabilitation for 4 units annually.
Responsible agency: Community Development Department.
Timeline: Throughout the planning period.
Program H-3. Section 8 Rental Assistance Program
The Section 8 Rental Assistance Program extends rental subsidies to extremely-low- and very-low-income households who spend more than 30% of their gross income on housing. Rental assistance not only addresses housing affordability, but also overcrowding by assisting families that may be "doubling up" to afford rent. The Los Angeles County Development Authority (LACDA) coordinates Section 8 rental assistance on behalf of the City. The City will continue to provide rental assistance information and referrals to LACDA.
Eight-year objective: Continue to direct eligible households to the County Section 8 program.
Responsible agency: LACDA.
Timeline: Throughout the planning period.
Program H-4. Preservation of Assisted Housing
Diamond Bar contains only one assisted housing project, the 149-unit Seasons Apartments (formerly Heritage Park) for senior citizens. This project was constructed in 1988 and was originally financed under the Los Angeles County Multi-Family Mortgage Revenue Bond program. The project was
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9.0 refinanced in November 1999 under the California Community Development Authority's Multi-Family Housing Re-funding Bond, and was transferred to the Corporate Fund for Housing, a non-profit organization. According to the terms of the new bond agreement, income restrictions for residents and corresponding rent limits were set. For the duration of the bond, which expires December 2, 2034, all units will be affordable: 30 units (20%) will be very-low-income, 82 units (55%) will be low-income, and 37 units will be moderate-income (defined as 100% AMI).
Eight-year objective: Preserve 100% of the 149 low- and moderateincome units in the Seasons Apartments.
Responsible agency: Community Development Department
Timeline: Throughout the planning period
Program H-5. Mobile Home Park Preservation
There are two mobile home parks in Diamond Bar, both located in the western portion of the City: Diamond Bar Estates and Walnut Creek Estates.
These mobile home parks were developed before incorporation of the City on land previously designated as Industrial under the County's jurisdiction.
The 2040 Diamond Bar General Plan Land Use Map designates both mobile home parks "residential" in order to preserve their status and prevent future inconsistencies. This designation in the General Plan works to preserve the parks since any proposed land use change would require an amendment to the City's General Plan and Zoning Ordinance, as well as adherence to State mobile home park closure requirements.
Eight-year objective: The City will continue to support preservation of its two mobile home parks as important affordable housing resources.
Responsible agency: Community Development Department
Timeline: Continuously throughout the planning period
Assist in the Development of Affordable Housing
To enable more households to attain
homeownership in Diamond Bar, the
City participates in two mortgage
assistance programs: the Homebuyer
Assistance Program and the Mortgage
Credit Certificate (MCC). These
programs are very important given that
housing prices in Diamond Bar rank
among the highest in eastern Los
Angeles County and northern Orange
County. The City is also supportive of
the development of senior housing to
meet the needs of its growing senior
population and multi-family rental
housing for lower-income households,
including working families and university
students.
9-58 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Program H-6. First-Time Homebuyer Assistance Programs
Los Angeles County offers a first-time homebuyer assistance program and Mortgage Credit Certificates. To be eligible, families must meet the specified income requirements and be able to pay a 1% down payment on their home. The City of Diamond Bar provides referral information to prospective buyers at the public counter and on the City website.
6.a Home Ownership Program (HOP)
The Los Angeles County Home Ownership Program (HOP) provides zerointerest loans with no repayment due until the home is sold, transferred, or refinanced. The loan is secured by a second trust deed and a promissory note. The home must be owner-occupied for the life of the loan.
6.b Mortgage Credit Certificate (MCC)
The Mortgage Credit Certificate (MCC) program is a federal program that allows qualified first-time homebuyers to take an annual credit against federal income taxes of up to 15% of the annual interest paid on the applicant's mortgage. This enables homebuyers to have more income available to qualify for a mortgage loan and make the monthly mortgage payments. The value of the MCC must be taken into consideration by the mortgage lender in underwriting the loan and may be used to adjust the borrower's federal income tax withholding.
The MCC program has covenant restrictions to ensure the affordability of the participating homes for a period of 15 years. MCCs can be used in conjunction with the Home Ownership Program (HOP).
Eight-year objective: The City will advertise these programs and provide information to interested homebuyers annually on the City website, newsletters and through social media. In addition, the City will work with realtors to make them aware of these programs.
Responsible agency: Community Development Department
Timeline: Continuously with annual updates throughout the planning period
Program H-7. Senior and Workforce Housing Development
With a growing portion of the City's population 65 years of age and above, Diamond Bar will continue to need housing and services for seniors.
Particularly those seniors 75 years and older will begin to require housing with a supportive service component.
In addition, occupations for which high housing costs make it difficult for working-age households to live in Diamond Bar include teachers, police and firefighters. Several colleges and universities are also located within commuting distance of Diamond Bar. The City will continue to coordinate
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9.0 with these institutions to identify potential partnership opportunities for affordable faculty/staff housing.
The City will encourage the development of senior and workforce housing, including units affordable to very-low- and extremely-low-income persons as well as units with 3-4 bedrooms suitable for large families, if feasible, in several ways. First, the City will identify suitable sites for multi-family development in the Housing and Land Use Elements, including zoning to encourage and facilitate lower-cost housing options such as SROs. Second, the City will offer regulatory incentives, and/or direct financial assistance appropriate to the project when feasible. The following are among the types of incentives which may be provided:
• Priority application processing
• Fee waivers or deferrals
• Coordination with off-site infrastructure improvements • Flexible development standards
• Density bonuses
• Annual outreach to solicit interest from affordable housing developers • City support to developers in affordable housing funding applications.
It must be recognized that the City’s ability to offer direct financial subsidies is limited. The City has no local source of housing assistance funds, and its CDBG revenue is only about $232,000 per year currently (see Section 9.3 for further discussion of the City’s financial resources). Given these financial limitations, the City’s primary efforts to encourage and facilitate affordable housing production are through its land use regulations and staff support to interested developers in applying for grant funds, and cooperation with the Los Angeles County Development Authority (LACDA) on its assistance programs.
Pursuant to the City's Affordable Housing Incentives Ordinance, the City provides modified development standards, including parking reductions, for senior and affordable projects. A portion of the City's CDBG funds can be used to help finance senior and workforce housing projects. New housing developments in Diamond Bar may also be eligible for funding sources identified in Section 9.3, Resources and Opportunities. Typically, local assistance can serve as gap financing to bridge the difference between the total project cost and the equity investment plus debt.
Eight-year objective: The City will identify sites suitable for new senior and workforce housing and post information on the City website throughout the planning period regarding the City's interest in assisting in the development of senior and workforce housing, provide information on available regulatory and financial incentives, solicit interest from affordable housing developers annually and assist developers in applying for funds. The City will also collaborate with local colleges and universities to identify potential partnership opportunities for affordable housing. The City’s quantified objectives for housing
9-60 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 production during the 2021-2029 planning period are described in Table 9-36.
Responsible agency: Community Development Department
Timeline: Annual outreach to affordable housing developers; throughout the planning period
Provide Adequate Sites to Accommodate the City’s Share of Regional Housing Need
A major element in meeting the
housing needs of all segments of the
community is the provision of adequate
sites for all types, sizes and prices of
housing. The City's General Plan,
Development Code and specific plans
describe where housing may be built,
thereby affecting the availability of
land for residential development.
Specific housing sites are identified in
Appendix B.
Program H-8. Land Use Element and Development Regulations The City completed a comprehensive update to the General Plan in 2019.
The Land Use Element of the General Plan, as discussed previously in Section 9.3, provides for a variety of housing types in Diamond Bar, with densities ranging up to 30 dwelling units per acre. In addition, the new General Plan established several “focus areas” where additional development and redevelopment are encouraged, including multi-family residential and mixed-use. As described in Appendix B, General Plan land use designations provide adequate capacity to accommodate the City’s RHNA allocation at all income levels for the 2021-2029 period. The City is currently processing amendments to the Development Code to align development regulations with new General Plan land use designations.
Zoning amendments for sites listed in Appendix B will accommodate 100 percent of the shortfall of sites necessary to accommodate the remaining housing need, including a minimum of 107.7 acres allowing densities of at least 30 units/acre with appropriate development standards to encourage maximum allowable densities. Zoning will comply with the following requirements pursuant to Government Code Sec. 65583.2(h). • Permit owner-occupied and rental multifamily uses by right for developments in which 20 percent or more of the units are affordable to lower income households. By right means local government review must not require a conditional use permit, planned unit development permit, or other discretionary review or approval.
• Permit the development of at least 16 units per site. • Require a minimum density of 20 units per acre; and
• Ensure a) at least 50 percent of the shortfall of low- and very lowincome regional housing need can be accommodated on sites designated for exclusively residential uses, or b) if accommodating more than 50 percent of the low- and very low-income regional
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9.0 housing need on sites designated for mixed-uses, all sites designated for mixed-uses must allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project.
As part of the Development Code update, residential and mixed-use parking requirements will be revised in conformance with General Plan policies described previously in Section 9.4 Constraints.
The Development Code update will also include revisions to streamline the review process, including SB 35 review procedures and objective standards to minimize constraints on housing supply and affordability, and all regulations and fees will continue to be posted on the City website and updated continuously in compliance with transparency requirements.
The City shall continue to comply with the “no net loss” provisions of Government Code §65863 through ongoing project-by-project evaluation to ensure that adequate sites are available to accommodate the City’s RHNA share throughout the planning period. The City shall not reduce the allowable density of any site in its residential land inventory, nor approve a development project at a lower density than assumed in the Housing Element sites inventory, unless both of the following findings are made:
a) The reduction is consistent with the adopted General Plan, including the Housing Element; and
b) The remaining sites identified in the Housing Element are adequate to accommodate the City’s remaining share of regional housing need pursuant to Government Code §65584.
If a reduction in residential density for any parcel would result in the remaining sites in the Housing Element land inventory not being adequate to accommodate the City’s share of the regional housing need pursuant to §65584, the City may reduce the density on that parcel if findings are made identifying sufficient additional, adequate and available sites with an equal or greater residential density so that there is no net loss of residential unit capacity.
As part of the new specific plans for the Town Center, Neighborhood Mixed Use and Transit-Oriented Mixed Use focus areas the City will evaluate the feasibility of establishing affordability requirements in exchange for development incentives.
Development on any site listed in Appendix B that proposes to demolish existing housing units shall be subject to a policy requiring the replacement of affordable units as a condition of any development on the site pursuant to Government Code §65583.2(g)(3). Replacement requirements shall be consistent with those set forth in §65915(c)(3).
State law (Gov. Code, § 65589.7) requires water and sewer service providers to establish specific procedures to grant priority water and sewer service to developments with units affordable to lower-income households. The City will
9-62 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 immediately deliver the adopted housing element to water and sewer service providers with a cover memo describing the City’s housing element, including the City’s housing needs and regional housing need.
Eight-year objectives: Maintain adequate sites for housing development at all income levels in conformance with the RHNA and ensure compliance with No Net Loss requirements. Process Development Code amendments to provide adequate sites to accommodate the RHNA. Update all regulations and fees on the City website annually throughout the planning period. Notify water and sewer providers immediately upon adoption of the Housing Element.
Responsible agency: Community Development Department
Timeline: Development Code amendments by October 2024
Program H-9. Mixed Use Development
The 2040 General Plan encourages mixed-use development in three focus areas, which could provide housing close to transit and places of employment (see additional discussion in Appendix B). The City will encourage property owners and developers to pursue mixed-use development in these focus areas to accommodate a portion of the city’s low- and moderate-income housing needs during this planning period.
Mixed-use can also reduce vehicle trips, make more efficient use of land and parking areas, and facilitate energy conservation.
Incentives the City may offer to encourage and facilitate redevelopment in these areas include the following:
• Coordination with off-site infrastructure improvements) • Flexible development standards
• Density bonuses
• Support to developers in seeking funding for affordable housing Eight-year objective: The City will prepare a handout and marketing materials encouraging mixed-use development where appropriate and make it available to interested developers throughout the planning period.
Responsible agency: Community Development Department
Timeline: Publish handout with marketing materials within 6 months of Housing Element adoption and continuously thereafter
Program H-10. Accessory Dwelling Units
Accessory dwelling units (ADUs) provide an important source of affordable housing for seniors, young adults and other low- and moderate-income households. The City adopted an amendment to the Development Code in 2021 to incorporate recent changes to State ADU law, and will continue to
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9.0 encourage ADU production through public information available at City Hall and on the City website.
Eight-year objective: Continue to encourage construction of ADUs through an informational handout available at City Hall and on the City website throughout the planning period.
Responsible agency: Community Development Department
Timeline: Publish ADU handout with marketing materials within 6 months of Housing Element adoption and continuously thereafter Removing Governmental Constraints to Housing
Under current State law, the Housing Element must address, and where legally possible, remove governmental constraints affecting the maintenance, improvement, and development of housing. The following programs are designed to mitigate government constraints on residential development and facilitate the development of a variety of housing.
Program H-11. Housing for Persons with Special Needs
Senate Bill 2 of 2007 strengthened planning requirements for emergency shelters and transitional/supportive housing. The Development Code allows emergency shelters by-right in the Light Industry (I) zone in compliance with SB 2 and also allows transitional and supportive housing as a residential use subject to the same standards as other residential uses of the same type in the same zone.
In 2018 AB 2162 amended State law to require that supportive housing be a use by-right in zones where multi-family and mixed uses are permitted, including non-residential zones permitting multi-family uses, if the proposed housing development meets specified criteria.
AB 101 (2019) added the requirement that low barrier navigation centers meeting specified standards be allowed by-right in areas zoned for mixed use and in non-residential zones permitting multi-family uses pursuant to Government Code §65660 et seq.
The City is currently processing a Development Code amendment to allow supportive housing and low barrier navigation centers consistent with State law and to replace or modify the CUP requirement to provide greater objectivity and development certainty for residential care facilities serving 7 or more persons in all residential zones.
The City will also continue to work cooperatively with the Los Angeles Homeless Services Authority and the San Gabriel Valley Council of Governments in its efforts to develop a regional strategy for addressing homelessness.
9-64 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Eight-year objectives:
1. Continue to facilitate emergency shelters and transitional/ supportive housing and continue participating with LAHSA and SGVCOG on efforts to address homelessness throughout the planning period.
2. Process an amendment to the Development Code by June 2023 to allow supportive housing, low barrier navigation centers and large residential care facilities consistent with State law.
Responsible agency: Community Development Department
Timeline: Development Code amendment by June 2023; support efforts to address homelessness throughout the planning period
Program H-12. Affordable Housing Incentives/Density Bonus To facilitate the development of affordable housing, the City utilizes Affordable Housing Incentives/Density Bonus Provisions (Development Code Chapter 22.18). Incentives described in Chapter 22.18 apply to developments of five or more dwelling units. If a density bonus and/or other incentives cannot be accommodated on a parcel due to strict compliance with the provisions of the Development Code, the Council may waive or modify the development standards as necessary to accommodate bonus units and other incentives to which the development is entitled. AB 2345 of 2020 revised State Density Bonus Law to increase incentives for affordable housing. The City is currently processing an amendment to the Development Code in conformance with AB 2345.
Eight-year objective: The City will amend the Development Code in 2021 consistent with current Density Bonus Law and continue to encourage the production of affordable housing through the use of density bonus and other incentives.
Responsible agency: Community Development Department
Timeline: Development Code amendment in 2021/22
Program H-13. Efficient Project Processing
The City is committed to a streamlined development process and has adopted procedures to facilitate efficient permit processing. Prospective applicants are strongly encouraged to request a pre-application conference with the Community Development Department before formal submittal of an application. The purpose of this conference is to inform the applicant of City requirements as they apply to the proposed development project, review the procedures outlined in the Development Code, explore possible alternatives or modifications, and identify necessary technical studies or other supporting materials relating to the proposed development.
This process helps to minimize the time required for project review by
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9.0 identifying issues early in the process before extensive engineering and architectural design work has been done.
While the intent of the City’s development review process is to ensure that new projects comply with policies and regulations, the time required for project review has the effect of adding to the overall cost of housing. For some housing projects, cities are limited to ministerial permit review based on objective standards in order to minimize processing time. As part of the comprehensive Development Code update (see also Program H-8) the City will implement improvements to development review procedures, such as through the use of objective standards and/or administrative review, in order to reduce processing time and increasing development certainty for housing development projects, particularly those that include units affordable to lowand moderate-income households.
Consistent with new transparency laws, zoning, development standards and fees will also be posted on the City website.
Eight-year objective: The City will continue to offer the pre-application conference and streamlined development processing, and periodically review departmental processing procedures to ensure efficient project processing. Zoning, development standards and fees will continue to be posted on the City website throughout the planning period.
Responsible agency: Community Development Department
Timeline: Post zoning, development standards and fees on the City website in FY 2021/22 and continuously thereafter; comprehensive Development Code update by October 2024.
Affirmatively Furthering Fair Housing and Equal Housing Opportunities To adequately meet the housing needs
of all segments of the community, the
City promotes housing opportunities for
all persons regardless of race, religion,
gender, family size, marital status,
ancestry, national origin, color, age, or
physical disability.
Program H-14. Affirmatively Furthering Fair Housing
As a participating city in the Los Angeles County CDBG program, Diamond Bar has access to the services of the Housing Rights Center for fair housing outreach, education, and counseling on housing discrimination complaints.
The City will continue to advertise the fair housing program through placement of fair housing service brochures at the public counter, at the Senior Center, through the City's newsletter, and on the City website.
Apartment owners and managers are provided with current information about fair housing issues, rights and responsibilities. The Apartment Association of Greater Los Angeles conducts seminars on State, Federal and local Fair Housing laws and compliance issues. Objectives, actions and schedule for this program are based upon the Fair Housing Assessment presented in Appendix D and are summarized in Table 9-35 below.
9-66 HOUSING ELEMENT 2021-2029 │ Diamond Bar General Plan 2040 Program H-14a. Affirmatively Furthering Fair Housing – Housing Mobility To improve housing mobility and new housing choices in areas throughout the City, a suite of actions will be employed and targeted outside of the Focus Areas, including targeting resources, outreach and other strategies in the eastern and southern portions of the City with an overall goal of 250 housing opportunities affordable to lower-income households in the planning period. Objectives, actions and schedule for this program are based upon the Fair Housing Assessment presented in Appendix D and are summarized in Table 9-35 below.
Program H-15. Reasonable Accommodation for Persons with Disabilities State law requires cities to remove constraints or make reasonable accommodations for housing occupied by persons with disabilities. The City has adopted procedures for reviewing and approving requests for reasonable housing accommodations pursuant to State law. To ensure that these procedures do not inadvertently act as a constraint on persons with disabilities, the City will revise the criteria for approval of requests for reasonable accommodations to provide greater objectivity and certainty.
Eight-year objective: Revise reasonable accommodation procedures for persons with disabilities in compliance with State law in 2022.
Responsible agency: Community Development Department
Timeline: Code amendment in 2022