Diamond Bar, Cal., Code of Ordinances ch. 22.18 § 22.18.040

(a) Purpose. The purpose of this section is to implement specified provisions of state law pertaining to review by the city of applications for permits and/or land use entitlements for housing development projects. In the event of any conflict between the provisions of this section and any provision of state law, the provision of state law shall govern.
(b) Definitions. As used in this section, the following terms shall have the following meanings:
(1) "Housing Accountability Act" means and refers to the provisions of Government Code Section 65589.5.
(2) "Housing development project" shall have the same meaning as defined in the Housing Accountability Act and includes: (a) developments consisting of two or more residential units, (b) mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, and (c) transitional housing or supportive housing.
(3) "Housing element parcel" means and refers to any parcel of land identified in the city's general plan housing element site inventory described in subdivision (a)(3) of Government Code Section 65583, or in a housing element program to make sites available pursuant to subdivision (c)(1) of Government Code Section 65583, for residential development to meet the city's share of regional housing need allocated pursuant to Government Code Section 65584.
(4) "Housing for very low, low, or moderate income households" shall have the same meaning as defined in the Housing Accountability Act.
(5) "Specific, adverse impact" shall have the same meaning as defined in the Housing Accountability Act. Generally, a "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application for a housing development project is deemed complete.
(c) Compliance with state law.
(1) Generally. Notwithstanding any provisions of this Development Code, all proposed housing development projects shall be reviewed in accordance with requirements and limitations imposed by state law, including, but not limited to, Government Code Sections 65589.5, 65915--65918, 65583, 65584, 65863, 65905.5, 65912.100--65912.105, 65852.24, 65852.28, 65913--65913.16, 65914.7, 65940--65945.3, 65650--65656, 65660--65688, 66300--66301, and 66499.41. Except to the extent otherwise provided by state law, such review shall ensure that proposed housing development projects comply with state law and all applicable, objective standards, provisions, conditions and requirements of the general plan, any applicable specific plan, this Development Code, and other applicable ordinances and policies of the city.
(2) Findings required for disapproval of housing development projects. As provided in the Housing Accountability Act, when a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, the final review authority shall not disapprove the project or impose a condition that the project be developed at a lower density unless the review authority makes written findings, based on a preponderance of the evidence on the record, that: (a) the project would have a specific, adverse impact on public health and safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density, and (b) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(3) Additional findings required for disapproval of housing development projects for very low, low, or moderate income households. As provided in the Housing Accountability Act, the final review authority shall not disapprove a housing development project for very low, low, or moderate income households or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low, or moderate income households, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as required by subdivision (d) of the Housing Accountability Act.
(d) Consistency review of housing development projects. The director is authorized to review and determine whether an application for a housing development project is consistent and complies with applicable, objective general plan, zoning, and subdivision standards and criteria within the time period(s) prescribed by law, including, but not limited to, those set forth in subdivision (j) of the Housing Accountability Act.
(e) Housing development projects subject to discretionary review. The provisions of this subsection shall apply to the consideration of applications for development review, conditional use permits, or other quasi-judicial approvals required for the construction or operation of a housing development project that is not subject to ministerial review by the director. In the event of a conflict between the provisions of this subsection and any other provision of this Development Code, the provisions of this subsection shall apply.
(1) Hearings. Government Code Section 95905.5 limits the number of hearings the city may conduct in connection with consideration of an application for a housing development project. Therefore, for so long as Government Code Section 95905.5 so provides and remains in effect, no more than five hearings or continued hearings shall be conducted in connection with consideration of an application for a housing development project, unless otherwise agreed to by the applicant or the applicant's designated representative. A meeting at which a hearing is continued to another date without public testimony or substantial discussion of the project occurring shall not count as one of the five allowed hearings. The final review authority shall consider and either approve, conditionally approve, or disapprove the application at one of the five hearings allowed pursuant to Government Code section 95905.5; provided, however, that, unless otherwise provided by law, the application shall not automatically be deemed approved if the final review authority does not act on the application at one of the five allowed hearings.
(2) Required findings. Except as otherwise permitted or required by state law, the final review authority shall approve or conditionally approve an application for development review, a conditional use permit, or other quasi-judicial approval for a housing development project unless it makes written findings for disapproval in accordance with the Housing Accountability Act. If applicable, the final review authority shall also make no net loss findings pursuant to section 22.18.050 . The findings set forth in sections 22.48.040 and 22.58.040 are not required to be made as a prerequisite to approval or conditional approval of a site development permit or conditional use permit for a housing development project.
(3) Conditions of approval. The final review authority may impose reasonable conditions of approval that are necessary to ensure that a proposed housing development project complies with all local, state and federal laws, and that impacts resulting from the development are adequately mitigated, subject to the limitations set forth in the Housing Accountability Act.
(4) Environmental review. Except as otherwise provided by law, a discretionary permit or approval for a housing development project shall not be approved until all applicable provisions of the California Environmental Quality Act have been complied with.
(f) Ministerial review. The provisions of this subsection shall apply in the event that state law or any provision of this Code requires a housing development project to be reviewed ministerially and/or designates a housing development project a "use by right" as defined in Government Code Section 65583.2. Housing development projects subject to ministerial review include, without limitation: (a) multi-family housing development projects located on housing element parcels, in which at least 20 percent of the housing units are affordable to lower-income households, and (b) housing development projects that satisfy the criteria set forth in Government Code Sections 65650 et seq., 65660 et seq., 65852.21 and/or 66411.7, 65852.28 and/or 66499.41, 65912.110 et seq., 65912.120 et seq., 65913.4, or 65913.16 or in Health and Safety Code Section 17021.8.
(1) The director is authorized to ministerially review and approve or disapprove the application(s) for the proposed housing development project in accordance with applicable law. The director's decision shall be transmitted to the applicant in writing within the time period mandated by law. Decisions of the director may be appealed to the commission, who's decision shall be final.
(2) If the ministerial approval of a housing development project will result in fewer residential units by income category than projected for a housing element parcel in the general plan housing element, the "no net loss" provisions of Government Code Section 65863 and section 22.18.050 apply and the director must also make the required findings.
(3) Except to the extent otherwise provided by state law, the director shall not ministerially approve a proposed housing development project unless it complies with all applicable, objective standards, provisions, conditions and requirements of the general plan, this Development Code, and other applicable ordinances and policies of the city.
(4) Except as otherwise provided by state law, a ministerial approval pursuant to this subsection shall remain valid for two years from the date of the final action establishing that approval and shall continue remain valid thereafter provided demolition and grading activity on the development site has begun pursuant to a permit issued by the city and is in progress.
(g) Standard conditions. The director is authorized to promulgate, modify, and enforce standard conditions and requirements that apply to approved housing development projects, which implement applicable state, city, and other local agency standards, provisions, and conditions, provided such standard conditions and requirements are consistent with the provisions of the Diamond Bar City Code and state law.