22.48.050(a), above. If, in the opinion of the hearing officer 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 officer 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 strikethrough 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 hearing officer 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 strikethrough text and additions shown in double underline):
Sec. 22.56.030. - Application filing, processing, and review. (a) Filing. An application for a minor conditional 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.
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46 (c) Notice and hearings. Upon receipt of a minor conditional use permit application in proper form, the hearing officer 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 strikethrough text and additions shown in double underline):
Sec. 22.56.040. - Findings and decision.
Following a public hearing, the hearing officer 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 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 strikethrough text and additions shown in double underline):
Sec. 22.56.050. – Conditions of approval.
In approving a minor conditional use permit, the hearing officer 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 strikethrough text and additions shown in double underline):
A specific plan, which is designed to provide for flexibility and encourage innovate 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).
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47 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 strikethrough 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 then 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 strikethrough 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”
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48 and “public right-of-way,” as follows (deletions in strikethrough text and additions shown in double underline):
. . .
(l) Definitions, “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-barrier navigation center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing 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 requirements 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.
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49 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:
School. An institution of learning, whether public or private that offers instruction, training, testing, apprenticeship, tutoring, exam preparation, educational guidance, counseling and evaluation. Learning may occur at training facilities, educational institutions, and through correspondence, television, Internet, or other means such as:
Boarding schools
Business, secretarial, and vocational schools
Community colleges, colleges and universities
Elementary, middle, and junior high schools
Establishments providing courses by mail or Internet
High schools
Military academies
Professional schools (law, medicine, etc.)
Seminaries/religious ministry training facilities
Also includes specialized non-degree grant schools offering instructions in:
Art studio
Ballet and other dance studios
Computers and electronics
Drama studio
Drivers' education
Language
Martial arts studio
Math
Music
Science
Tutorial services
Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, including fitness, environmental awareness, arts, communications, and management. Does not include preschools and child day care facilities (see "child day care facilities").
School, Private. An institution conducting regular academic instruction at kindergarten, elementary, secondary or higher levels operated by a nongovernmental organization and which is not a trade school.
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50 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 schools, business 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 occupying 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 development, including 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.
. . .
Studios for art, dance, music, photography, etc. Facilities for individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; and martial arts training studios.
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. Housing configured as rental housing developments 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 Section 50675.14 of the California Health and Safety Code, 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.
Supportive housing shall be considered a residential use subject to the same standards as other similar residential uses of the same type in the same zone, based upon the predominant operating characteristics of the use. Supportive housing does not include parolee-probationer homes; nor
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51 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. Housing A form of supportive housing consisting of buildings configured as rental housing developments, but operated under program requirements that require call for the termination of assistance and recirculating recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which that shall be no less than six months from the beginning of the assistance, pursuant to Subsection (h) of Section 50675.2 of the California Health and Safety Code. Transitional housing shall be considered a residential use subject to the same standards as other similar residential uses of the same type in the same zone, based upon the predominant operating characteristics 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, lowbarrier 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 2018051066 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).
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52 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.
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53 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 __
th day of ____, 2024.
CITY OF DIAMOND BAR
__________________________
Stan Liu, Mayor
ATTEST:
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 18th 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 __ th day of ____, 2024,
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
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PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 7.1
MEETING DATE: May 28, 2024
CASE/FILE NUMBER: Development Code Amendment No. PL2022-59 PROJECT LOCATION: Citywide
APPLICATION REQUEST:
APPLICANT:
STAFF RECOMMENDATION:
To amend 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.
Community Development Department
Adopt the attached Resolution recommending
the City Council approve Development Code
Amendment No. PL2022-59.
The matter was originally scheduled to be heard on May 14, 2024. However, due to a lack of quorum, the meeting was adjourned pursuant to Government Code Sections 54955 and 54955.1, and all business and public hearing items scheduled before the Planning Commission for May 14, 2024, were continued to May 28, 2024.
SUMMARY:
The Diamond Bar Development Code (Title 22 of the Diamond Bar City Code) was first adopted in 1998. Its purpose and intent are “to implement the policies of the Diamond Bar general plan by classifying and regulating the uses of land and structures within the City of Diamond Bar.”1 Amendments to the Development Code are needed from time to reflect community values, to keep pace with new state and federal laws, to implement 1 DBCC §22.01.020
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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local policies, and to resolve the internal inconsistencies and errors that are eventually encountered.
In the wake of the numerous housing and development laws passed by the State Legislature in recent years, together with the housing programs contained in the City’s certified 2021-2029 Housing Element, staff is recommending adoption of an omnibus ordinance that would amend several sections of the Development Code to ensure continued conformance with State law. The proposed ordinance also incorporates several “cleanup” items to clarify the intent of various existing regulations.
BACKGROUND:
State Housing Laws
In addition to the routine cleanup items and the codifying of miscellaneous laws that the City is already subject to, the amendments proposed in the attached ordinance (Attachment B) are largely focused on ensuring that the City is in compliance with the onslaught of housing laws passed by the State Legislature in recent years. These laws were discussed during a joint study session of the City Council and Planning Commission on March 26, 2024, and are summarized below:
• The Housing Accountability Act (Gov't Code §65589.5) prevents cities from applying non-objective development standards and findings to proposed housing development projects, limits cities' authority to disapprove or impose certain conditions on proposed housing development projects, and imposes other temporal and procedural limits on cities' review of housing projects. “Objective” standards are those that involve no personal or subjective judgment and are uniformly verifiable by reference to an external benchmark or criterion. Cities or counties found to have acted in violation of the Housing Accountability Act may be subject to certain enhanced remedies, including significant fines.
• The Housing Crisis Act of 2019 (SB 330) established laws intended to streamline housing development approvals, requires cities to maintain their existing affordable housing stock and protect displaced tenants of affordable housing units, limits cities' authority to rezone property to a lower residential density, and restricts cities from establishing new residential design standards that are not objective. • State Density Bonus Law (“SDBL,” Gov't Code §65915-65918), as amended by AB 1287, requires cities to grant increased density, incentives and concessions, and waivers of development standards to residential developers in exchange for the production of affordable housing units.
• No Net Loss Law (Gov't Code §65863) requires that a city make specified findings before it allows development of a parcel at a lower residential density than identified in the city's housing element for that parcel or takes any other administrative, quasijudicial, or legislative action to reduce, require, or permit the reduction of the allowable residential density for such a parcel.
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• Housing Element Law (Gov't Code §§65580 – 65589.11), among other things, requires cities to identify and remove governmental constraints on the production of housing, to treat transitional and supportive housing similarly to other residential dwellings, and to provide for a variety of housing types, including single-room occupancy housing.
• Senate Bill 35 (Gov't Code §65913.4) requires cities to ministerially review and approve qualifying affordable housing projects in an effort to meet statewide affordable housing goals.
• Government Code §65651, et seq. and §65660, et seq. require cities to allow certain supportive housing projects and low-barrier navigation centers as uses to be established by right.
• Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Law (Article 2, commencing with § 66314, of Chapter 13 of Division 1 of Title 7 of the Government Code) requires cities to adopt ordinances providing for streamlined ministerial review and approval of ADUs and JADUs and limiting the development standards cities can apply to ADUs and JADUs.
Diamond Bar Housing Element
The proposed amendments also implement several of the housing programs contained in the City's certified 2021-2029 Housing Element, as summarized below:
• Program H-11. Housing for Persons with Special Needs - Continue to facilitate emergency shelters and transitional/supportive housing and continue participating with Los Angeles Homeless Services Authority and San Gabriel Valley Council of Governments on efforts to address homelessness throughout the planning period.
Process an amendment to the Development Code to allow supportive housing, low barrier navigation centers and large residential care facilities consistent with State law.
The proposed Code amendment would update the land use table to reflect mandatory changes in State law, including: removing the Conditional Use Permit (CUP) requirement for residential care facilities serving seven or more persons in all residential zones and reclassify them as permitted by right; permitting “transitional/supportive housing” by right in all residential zones, subject to certain requirements; and adding "supportive housing for the homeless" and "low-barrier navigation centers” as permitted uses by right in the Industrial zoning district, subject to certain requirements pursuant to Government Code Section 65653. • Program H-12. Affordable Housing Incentives/Density Bonus - 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.
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The proposed Code amendment would update the City’s density bonus regulations to conform to the current provisions of the SDBL.
• Program H-13. Efficient Project Processing - Continue to offer streamlined development processing, and periodically review departmental processing procedures to ensure efficient project processing.
The proposed Code amendment would implement various provisions of State law aimed to ease local government constraints on housing development, as well as eliminate conflicting provisions found within the Development Code.
ANALYSIS:
Adoption Process
Before the City Council adopts an ordinance to amend the Development Code, the Planning Commission must first conduct a public hearing to consider the proposed amendments. The Commission then forwards its recommendations via a resolution advising the Council whether or not the proposed amendments should be adopted.
Proposed Development Code Amendments
The full text of the proposed code amendments is contained in the draft ordinance (Attachment B). The following discussion cites the applicable Development Code section or chapter being amended, and provides the basis for each proposed amendment. Each item below is numbered to correspond to the section numbering in the ordinance.
1. 22.04.020(c)(3) - Floor Area Ratio: Typographical errors are corrected.
2. 22.08.030 Table 2-3 - Residential District Land Use Table: Consistent with recent State law, the residential land use table is amended to remove the CUP requirement for residential care facilities serving seven or more persons in all residential zones and reclassify them as permitted by right. “Transitional/supportive housing” is added as permitted by right in all residential zones, subject to new requirements set forth under Development Code Section 22.42.170. Lastly, “Second Units” is deleted because the term has been renamed “Accessory Dwelling Units,” and was already added as a permitted use in all residential zones under an earlier ordinance.
3. 22.08.040 Table 2-4 - Restrictions on nonconforming structures: Currently, this section allows for additions to nonconforming structures without approval of a Minor Conditional Use Permit (MCUP) if the addition is limited to one-story and has the same setbacks as the adjoining portion of the existing structure. The intent of this section, when drafted, was to allow the continuation of nonconforming side setbacks only, and has been clarified as such (applies to Sections 3 and 25 of the ordinance).
4. 22.10.030 Table 2-5 - Office District Land Use Table: The current definition of “school” is very broad and encompasses all types of schools, education and training
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facilities, as well as studios. This creates confusion to the public and City staff when determining land use. The proposed amendment would create separate discrete definitions for each. Educational uses such as public schools are now separated from specialized education or training type uses, such as dance studios. Public schools will remain as permitted uses and the new definition of private and trade schools are subject to approval of a CUP in the office zoning districts. “Specialized education and training” will also have its own definition and subject to approval of a CUP in the office zoning districts (applies to Sections 4 and 5 of the ordinance). “Medical services-Clinics and laboratories” is currently a conditionally permitted use in the OP zoning district, but should be a use permitted by right since the OP zoning district is intended for office-based working environments such as general, professional, administrative offices, and similar related compatible uses.
Footnote 6 (Massage) – Deletion of this footnote was inadvertently missed when the City adopted its updated massage ordinance in 2016. This footnote is no longer applicable.
5. 22.10.030 Table 2-6 - Commercial/Industrial District Land Use Table: Consistent with recent State law, the commercial and industrial land use table is proposed to be amended to allow “low-barrier navigation centers” and “transitional/supportive housing” in the Light Industry (I) zoning districts subject to new requirements set forth in Section 22.42.170.
Massage footnote – See item 4 above.
6. 22.16.070(1) - Open space requirement: Currently, the Code requires commercial projects to provide a minimum of 1/10th of one percent of the total land area of the center as useable open space, which is a typographical error and has been corrected to one percent.
7. 22.16.090(3)(c) - Setback regulations and exceptions: The current language provides a loophole whereby some applicants have labeled patio covers as “back porches” on plans and permit applications in an attempt to allow them to encroach into the rear setbacks. To close this loophole, the language has been revised to limit porch encroachments into the front setbacks only.
8. 22.16.130 - View protection: Figure 3-5 is a variation of Figure 3-4, which pertains to setbacks, not view protection, and therefore should be deleted. No replacement figure is necessary.
9. Chapter 22.18 - Special procedures applicable to housing development projects: Because State housing laws have been amended so extensively, Development Code Chapter 22.18 (“Affordable Housing Incentives/Density Bonus Provisions”) is proposed to be repealed in its entirety and replaced it with comprehensively rewritten standards to be fully consistent with State law. The
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revised Chapter 22.18—retitled “Special Procedures Applicable to Housing Development Projects”— the myriad legislative mandates as follows:
a. Density bonus regulations are revised to conform to the current provisions of the SDBL, which requires cities to grant increased density, incentives and concessions, and waivers of development standards to residential developers in exchange for the production of affordable housing units; b. Provisions of the Housing Crisis Act of 2019 are added to 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; c. Minimum requirements for affordable housing regulatory agreements are added;
d. Provisions of State law pertaining to review by the City of applications for permits and/or land use entitlements for housing development projects are enumerated; and
e. The “No Net Loss” provisions of the Housing Crisis Act of 2019 are enumerated.
10.22.30.080 (5)(a)(1) - Driveway extensions for single-family residential property:
Clarification was added that an extension of the driveway towards the side property line farthest from the driveway is not permitted. Additionally, the illustration has been updated to further clarify the intended requirement.
11.22.42.110 Table 3-15 - Setbacks for accessory uses and structures: A minor typographical error is corrected, and a footnote was also added to expressly state that the listed structures and water features are subject to Building Code requirements.
12.22.42.120 - Accessory dwelling units and junior accessory dwelling units: The proposed amendments would ensure compliance with the most recent ADU legislation: AB 2221 and SB 897 (2022), AB 976 and AB 1332 (2023), and SB 477 (2024). These bills made several changes to existing law that clarify certain provisions and further ease development restrictions. The most significant recent change was to height restrictions where the construction of two-story ADUs must now be permitted, subject to certain requirements.
13.22.42.170 - Transitional and supportive housing: A new section is added to address transitional and supportive housing, per State law, specifying that these facilities are permitted in residential zoning districts subject to the same approval requirements, development standards, and restrictions that apply to other residential dwellings of the same type in the same zone, which shall be determined by the City based upon the predominant characteristics of the use. This section also specifies legal requirements, review and approval procedures for "Supportive Housing For the Homeless" and "Low-Barrier Navigation Centers," pursuant to State law. These uses
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are proposed to be permitted uses by right in the Industrial zoning district, subject to certain requirements pursuant to Government Code Section 65653.
14.22.44.020 Table 4-1 - Director vs. Hearing Officer: The proposed amendment identifies the Director—rather than the Hearing Officer—as the review authority for administrative development reviews and minor conditional use permits. References to Hearing Officer have been removed since the Director or their designee has the same authority.
15.22.44.040(a) - Application fees: A typographical error has been corrected from the word “then” to “than.”
16.22.47.020(a) - Plot Plan review: Small projects such as decks and tenant improvements should be processed administratively via the Zoning Clearance application process.
17.22.48.030(b) - Administrative Development Review: Language revised to replace “hearing officer” with “director” (see Item 14 above).
18.22.48.050(a) and (b) - Responsibility for development review: The review authority for Development Review applications should be the Planning Commission, not the “development review commission,” so this typographical error and has been corrected. Under subsection (b), “hearing officer” is replaced with “director.”
19.22.56.020 - MCUP review authority: “Hearing officer is replaced with “director.”
20.22.56.030(c) - MCUP review authority: See item 19.
21.22.56.040 - MCUP review authority: See item 19.
22.22.56.050 - MCUP review authority: See item 19.
23.22.60.020 - Applicability of Specific Plan: A typographical error has been corrected from the word “innovate” to “innovative.”
24.22.68.020(b)(1)(a) - Restrictions on nonconforming uses: A typographical error has been corrected from the word “then” to “than.”
25.Restrictions on nonconforming structures - Section 22.68.030(b)(2): See item 3.
26.22.80.020 - Definitions of specialized terms and phrases: The following definitions are to be added or amended: Low barrier navigation center, Public rightof-way, School (Private, Public and Trade), Specialized education and training, Studio, Supportive housing, and Transitional housing. The housing terms are required in conjunction with the proposed amendments per State housing law. “Public right-of-way” is added since it is not expressly defined anywhere else in the Municipal Code. As noted above, the current definition of “school” is very broad and encompasses all types of schools, education and training facilities, and studios. The proposed amendment would create separate discrete definitions for each.
Staff recommends approval of these amendments in order to eliminate conflicting provisions, provide clarification, and achieve changes in the Development Code
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necessary to implement the Housing Programs in the City’s certified 2021-2029 Housing Element, and compliance with State law.
ENVIRONMENTAL REVIEW:
Staff has determined that the proposed Development Code Amendment is categorically and statutorily exempt from the California Environmental Quality Act (“CEQA”).
Section 27 of the Ordinance provides a detailed analysis to support this determination.
NOTICE OF PUBLIC HEARING:
Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on May 3, 2024, in a 1/8-page display. Pursuant to Planning and Zoning Law Government Code Section 65091(a)(4), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least 1/8 page in one newspaper of general circulation. A copy of the public notice was also posted at the City’s designated community posting sites.
PREPARED BY:
REVIEWED BY:
Attachments:
A. Draft Planning Commission Resolution No. 2024-XX (Recommending Approval of Development Code Amendment)
B. Draft Ordinance No. XX (2024)
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MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
May 28, 2024
CALL TO ORDER:
Vice Chair/Garg called the meeting to order at 6:30 p.m. in the City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: C/Wolfe led the Pledge of Allegiance.
1. ROLL CALL: Commissioners Barlas, Rawlings, Wolfe,
Vice Chair Garg
ABSENT: Chair Ruben Torres
STAFF PRESENT: Greg Gubman, Community Development Director; David DeBerry, City Attorney; Grace Lee, Planning Manager;
May Nakajima, Senior Planner, Hal Ghafari, Public Works Manager (telephonically); Stella Marquez, Administrative Coordinator
2. APPROVAL OF AGENDA: As Submitted.
3. PUBLIC COMMENTS: None.
4. CONSENT CALENDAR:
4.1 Minutes of the March 26, 2024, Special Joint Study Session of the City Council and Planning Commission Meeting.
C/Rawlings moved, and VC/Garg seconded to approve. Motion carried 4-0 by the following Roll Call vote:
AYES: COMMISSIONERS: Barlas, Rawlings, VC/Garg
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Wolfe
ABSENT: COMMISSIONERS: Chair Torres
4.2 Minutes of the March 26, 2024, Regular Planning Commission Meeting.
C/Rawlings moved, and C/Wolfe seconded, to approve:
AYES: COMMISSIONERS: Rawlings, Wolfe, VC/Garg
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Barlas
ABSENT: COMMISSIONERS: Chair Torres
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5. OLD BUSINESS: None.
6. NEW BUSINESS:
6.1 Review Of Fiscal Year 2024-2025 Capital Improvement Program - Conformity with the General Plan.
PM/Lee presented the staff report.
V/C Garg opened the matter for public comments.
There were no public comments offered.
C/Wolfe moved, and C/Barlas seconded, to adopt a Resolution finding the proposed Fiscal Year 2024-2025 Capital Improvement Program to be in conformance with the General Plan
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Barlas, Rawlings, Wolfe, VC/Garg,
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chair Torres
7. CONTINUED PUBLIC HEARING:
7.1 Development Code Amendment No. PL2022-59 - The City of Diamond Bar proposes to amend 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. (Continued from May 14, 2024)
PROJECT ADDRESS: Citywide
APPLICANT: City of Diamond Bar Community Development
Department.
SP/Nakajima presented the staff report.
VC/Garg opened the public hearing.
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No public comments were offered.
VC/Garg closed the public hearing.
C/Barlas moved, Wolfe seconded, to approve Development Code Amendment No. PL2022-59. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Barlas, Rawlings, Wolfe, VC/Garg,
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chair Torres
9. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS:
The Commission commended staff for excellent presentations.
10. STAFF COMMENTS/INFORMATIONAL ITEMS:
CDD/Gubman reported that there will not be Planning Commission meetings in June.
Tentatively, the next meeting would be held on July 9.
11. SCHEDULE OF FUTURE EVENTS:
As noted in the agenda.
ADJOURNMENT: With no further business before the Planning Commission, VC/Garg adjourned the Regular Planning Commission meeting at 6:54 p.m.
The foregoing minutes are hereby approved this ___ day of July, 2024.
Attest:
Respectfully Submitted,
_______________________________________
Greg Gubman, Community Development Director
____________________________
Mahendra Garg, Vice Chair
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