2021-22 2022-23 2022-23 2023-24
ACTUAL ADOPTED REVISED PROPOSED
BUDGET ESTIMATE BUDGET
OPEN SPACE MAINTENANCE FUND 75
RESTRICTED FUND BALANCE BOULEVARD 6,649 7,229 5,531 860 RESTRICTED FUND BALANCE NORTHWOODS 4,463 (4,510) (6,643) (860) TOTAL RESTRICTED FUND BALANCE 11,112 2,719 (1,112) -
REVENUES
Assessment Fee Blvd (371-001) 10,064 10,500 10,500 11,638 Assessment Fee Northwoods (371-003) 33,182 34,000 34,000 35,000 Transfer In from General Fund (500-099-001) - 12,408 27,489 5,974 Total Revenue 43,246 56,908 71,989 52,612 Total Available Funds 54,358 59,627 70,877 52,612
EXPENDITURES
BOULEVARD (4440)
General Maintenance (020-000) 4,004 4,345 4,345 4,507
Tree Trimming (020-001) 618 600 600 600
Irrigation Repair (020-002) - 400 400 800
Electricity (022-001) 135 565 565 565
Water (022-004) 6,425 5,350 10,100 12,000
Sub-total Boulevard 11,182 11,260 16,010 18,472
NORTHWOODS (4443)
General Maintenance (020-000) 17,808 19,322 19,322 20,442 Irrigation Repair (020-001) - 2,000 8,500 -
Tree Trimming (020-003) 2,333 2,500 2,500 -
Electricity (022-001) 519 985 985 985
Water (022-004) 23,628 23,560 23,560 12,713
Sub-total Northwoods 44,288 48,367 54,867 34,140
Total Expenditures 55,470 59,627 70,877 52,612
RESTRICTED FUND BALANCE BOULEVARD 5,531 6,469 860 -
RESTRICTED FUND BALANCE NORTHWOODS (6,643) (6,469) (860) - TOTAL RESTRICTED FUND BALANCE (1,112) - - -
Total Estimated Requirements
and Restricted Fund Balance 54,358 59,627 70,877 52,612
CITY OF SAN DIMAS
ANNUAL CAPITAL AND OPERATING BUDGET
2021-22 2022-23 2022-23 2023-24
ACTUAL ADOPTED REVISED PROPOSED
BUDGET ESTIMATE BUDGET
MEASURE M FUND 76
RESTRICTED FUND BALANCE 1,768,041 965,833 2,096,499 1,199,739
REVENUE
Measure M Taxes (312-001) 603,371 584,886 584,886 699,983 Interest (341-001) 7,911 5,000 5,000 5,000
Total Revenue 611,282 589,886 589,886 704,983
Total Available Funds 2,379,323 1,555,719 2,686,385 1,904,722
EXPENDITURES
Pavement Repair/Replace (Rennell) (4841-554-008) - - - 125,000 Avenida Entrada Design & Management (4841-554-010) 108 - - - Covina Blvd (4841-667-001) 266,436 - - -
San Dimas Ave. Ped./Biking Imprv. Phase 1 Design (4841-929-000) 7,030 30,000 22,970 - Via Verde Ave (4841-557-003) - - 690,000 -
Via Vaquero et al (4841-640-000) - - 150,000 -
Derby Kent (4841-641-000) 9,250 - 90,750 -
Lone Hill (4841-601-000) - 430,000 32,926 278,211
Eaton Road (4841-642-000) - 500,000 500,000 -
Total Expenditures 282,824 960,000 1,486,646 403,211
RESTRICTED FUND BALANCE 2,096,499 595,719 1,199,739 1,501,511 Total Estimated Requirements
and Restricted Fund Balance 2,379,323 1,555,719 2,686,385 1,904,722
CITY OF SAN DIMAS
ANNUAL CAPITAL AND OPERATING BUDGET
2021-22 2022-23 2022-23 2023-24
ACTUAL ADOPTED REVISED PROPOSED
BUDGET ESTIMATE BUDGET
ROAD MAINT. REHAB ACT FUND 77
RESTRICTED FUND BALANCE 1,308,405 646,692 1,427,184 -
REVENUE
RMRA Local Return (312-001) 689,815 775,087 757,830 863,775 Interest (341-001) 5,024 9,000 9,000 9,000
Total Revenue 694,839 784,087 766,830 872,775
Total Available Funds 2,003,244 1,430,779 2,194,014 872,775
EXPENDITURES
Lone Hill (4841-601-000) 26,060 530,000 564,014 117,775 Via Vaquero et al (4841-640-000) - - 300,000 -
Derby Kent (4841-641-000) - - 400,000 -
Eaton Road (4841-642-000) - 150,000 180,000 -
Bonita Ave Design (4841-660-001) - 75,000 75,000 55,000 Gladstone Ave Design (4841-929-001) - 75,000 75,000 -
Perlannas/Billow Ave Rehab (4841-637-001) - 600,000 600,000 - Via Vaquero E/ of San Dimas Ave (4841-640-001) - 400,000 Repayment of Dalepark / Cataract Ave (TBD) - 300,000
Covina Blvd (4841-667-001) 550,000 - - -
Total Expenditures 576,060 1,430,000 2,194,014 872,775
RESTRICTED FUND BALANCE 1,427,184 779 - -
Total Estimated Requirements
and Restricted Fund Balance 2,003,244 1,430,779 2,194,014 872,775
CITY OF SAN DIMAS
ANNUAL CAPITAL AND OPERATING BUDGET
2021-22 2022-23 2022-23 2023-24
ACTUAL ADOPTED REVISED PROPOSED
BUDGET ESTIMATE BUDGET
MEASURE W FUND 78
RESTRICTED FUND BALANCE 401,460 1,490,675 871,807 1,602,543
REVENUE
Property Tax Storm Water (311-001) 593,646 600,000 597,016 598,000 Interest (341-001) 3,572 5,000 5,000 5,000
SCWP Lone Hill Park - - 900,000 -
Total Revenue 597,218 605,000 1,502,016 603,000
Total Available Funds 998,678 2,095,675 2,373,823 2,205,543 EXPENDITURES (4120/4341/4841)
Street Sweeper (TBD) - - - 250,000
Administration of Program (4120-020-077) - - - -
NPDES General (4341-024-001) 21,127 22,000 22,000 23,000 NPDES Advertising (4341-024-010) - 6,093 6,093 5,000
NPDES Printing (4341-024-018) - - - -
NPDES Professional Services (4341-024-020) 105,744 255,000 438,187 262,000 NPDES Capital Outlay (4341-024-041) - 25,000 25,000 25,000 Catch Basin Grates and Filters (4841-813-000) - 90,000 180,000 230,000 NPDES WQM PROJECTS WINGATE (4841-813-001) - - - -
Lone Hill Park Design (4841-601-001) - 900,000 100,000 800,000 Total Expenditures 126,871 1,298,093 771,280 1,595,000
RESTRICTED FUND BALANCE 871,807 797,582 1,602,543 610,543 Total Estimated Requirements
and Restricted Fund Balance 998,678 2,095,675 2,373,823 2,205,543
CITY OF SAN DIMAS
ANNUAL CAPITAL AND OPERATING BUDGET
2021-22 2022-23 2022-23 2023-24
ACTUAL ADOPTED REVISED PROPOSED
BUDGET ESTIMATE BUDGET
Capital Assets Reserve 100
RESTRICTED FUND BALANCE 6,500,000 - 6,500,000 6,215,150
REVENUE
Transfers In (500-001) 6,500,000 - 1,595,000 -
Total Revenue 6,500,000 - 1,595,000 -
Total Available Funds 6,500,000 6,500,000 6,500,000 7,810,150 EXPENDITURES (4314)
Trucks F-250's (4314-039-001) - 145,851 145,851 128,000 Trucks F-150's (4314-039-006) - - 135,000 99,000
Trucks F-350's (TBD) - - - 90,000
Case 580 Tractor /Backhoe (4314-039-014) - 100,000 - 200,000 Parking Enforcement Vehicle (4314-039-025) - 31,000 - - Computer Equipment (4314-041-003) - - - 20,000
Telephones/Cell Phones/ Equip. (4314-041-027) - 13,500 4,000 13,500 Two Way Radios (4314-041-040) - - - -
Man Lift (TBD) - - - 20,000
Golf Cart Replacement (4314-039-054) - 35,000 - -
HVAC Hot Water Boiler (TBD) - - - 150,000
Transfers Out (099-001) - - - -
Total Expenditures - 325,351 284,851 804,500
RESTRICTED FUND BALANCE 6,500,000 6,174,649 6,215,150 7,005,650 Total Estimated Requirements
and Restricted Fund Balance 6,500,000 6,500,000 6,500,000 7,810,150
CITY OF SAN DIMAS
ANNUAL CAPITAL AND OPERATING BUDGET
2021-22 2022-23 2022-23 2023-24
ACTUAL ADOPTED REVISED PROPOSED
BUDGET ESTIMATE BUDGET
ARPA FUND 101
RESTRICTED FUND BALANCE 1,793,534 - 2,051,110 3,408,450
REVENUE
American Recovery Act 4,021,430 4,021,429 4,021,429 -
Total Revenue 4,021,430 4,021,429 4,021,429 -
Total Available Funds 4,021,430 5,814,963 6,072,539 3,408,450 EXPENDITURES (Various)
Election Services (4120.020.001) - - - 150,000
Employee Training (4150-434-000) 6,222 - - -
Community Newsletter (4190-010-004) - - - 67,000
Property Insurance (4190-014-001) - - - 220,000
Equipment Maintenance (4190-015-000) - - - 70,211
Audit Cost/Professional Services (4190-020-000) 75,716 51,860 129,687 61,520 Computer Professional Services (4190-020-002) 278,616 115,270 118,814 102,927 Collection Profesional Services Fees (4190-020-003) 229 5,000 3,000 5,000 Tuition Assistance (4190-020-005) 500 5,000 4,000 5,000 Sales & Property Tax Analysis (4190-020-007) 27,900 32,000 32,000 - Equestrian Center Consultant (4190-020-008) - - 10,000 15,000 Credit Card Processing Fee (4190-020-019) 9,827 8,000 8,000 - ADA Transition Plan (4190-020-022) - 25,000 40,000 -
Fee/Class & Comp Study (4190-020-023) 33,549 - 96,451 - GIS Annual Update/Licenses (4190-020-026) 28,116 79,200 56,467 80,167 Technology Subscriptions & Licences (4190-035-000) - 312,004 313,584 360,052 City Web Page Services (4190-020-033) 33,900 5,900 6,900 6,900 T1 Internet/Wireless Cards (4190-020-034) 50,279 60,232 69,198 49,268 Acella Software Enhancements (4190-020-035) 1,120 15,000 15,000 95,000 Computer Supplies (4190-030-001) - - - 8,585
Public Access Equipment (4190-038-001) 7,597 15,000 15,000 - Helicopter Services (4210-020-004) 8,595 10,000 10,000 10,000 General Law Enforcement/Traffic (4210-020-006) 500,000 350,000 350,000 1,000,000 School Resource Officer (4210-020-021) 227,039 230,331 230,331 254,218 Animal Control Services (4210.413.000) - - - 224,783
Engineering Plan Check Services (4310-020-003) 4,450 6,000 3,000 - Engineering Services (4310-020-004) 59,125 70,000 70,000 75,000 Project Management Services (4310-020-006) 44,138 186,620 85,000 120,000 GIS Development Training (4310-020-007) - 15,000 5,000 - Waste Compliance Services (4310-020-008) 91,580 367,000 50,000 273,200 Contract Plan Checks (4311-020-001) 72,140 70,000 70,000 90,000 Vehicle/Equipment Service & Repair (4342-020-001) - - - 65,000 Facilities Contract Services 4410-023-000) 48,079 68,830 68,830 76,520 Sycamore Canyon Ranch/House Maint (4410-023-922) 5,698 18,800 10,000 - Facilities Capital Outlay 7,000 - - -
Civic Center Contract Services (4411-023-000) 67,850 114,697 49,697 74,680 Senior Center Contract Services (4412-023-000) 53,469 53,920 53,920 55,230 Senior Center Capital Outlay (4412-041-000) 1,045 - - - Contract Equestrian Trail Maint (4414-020-004) - - - 44,814 Graffiti/ Shopping Cart Removal Contract (4414-023-002) 93,876 103,000 103,000 103,000 Recreation Classes (4420-034-001) 927 500 500 -
Excursions (4420-034-002) 11,740 76,350 50,000 -
Sports (4420-034-003) 6,757 14,510 14,510 -
Special Events (4420-034-010) 10,390 26,000 26,000 -
Kids Fun Club (4420-034-011) 4,261 6,505 6,505 -
Civic Rec Fees (4420-034-020) 18,023 25,000 25,000 -
Contract & General Maintenance (4430-023-000) 80,567 182,045 100,940 68,020 Horsethief Canyon Park (4841-927-007) - 280,000 280,000 75,000 Computer Equipment (4314-041-003) - 113,500 79,755 -
Telephones/Cell Phones/Equip (4314-041-027) - 13,500 4,000 -
CITY OF SAN DIMAS
ANNUAL CAPITAL AND OPERATING BUDGET
Total Expenditures 1,970,320 3,131,574 2,664,089 3,906,095 RESTRICTED FUND BALANCE 2,051,110 2,683,389 3,408,450 (497,645) Total Estimated Requirements
and Restricted Fund Balance 4,021,430 5,814,963 6,072,539 3,408,450
2021-22 2022-23 2022-23 2023-24
ACTUAL ADOPTED REVISED PROPOSED
BUDGET ESTIMATE BUDGET
Housing Authority Trustee Administration Fund 113
RESTRICTED FUND BALANCE 5,351,810 5,421,499 5,675,830 6,154,033
REVENUE
Interest Revenue (341-001) 16,216 20,000 20,000 25,000
Rents Mobile Home Park (341-002) 1,842,276 1,800,000 1,800,000 1,800,000 Annual Bonds Debt (369-000) - - 487,918 -
Total Revenue 1,858,491 1,820,000 2,307,918 1,825,000
Total Available Funds 7,210,301 7,241,499 7,983,748 7,979,033 EXPENDITURES (4120/4411)
012 Car Allowance - 3,000 - 3,000
014 Property Insurance (014-000) 11,100 11,972 11,972 15,000 P.S. Charter Oak Improvements (4120-020-001) 55,364 1,000,000 280,000 1,000,000 Interest Expense (4120-049-026) 46,206 30,518 30,518 21,988 Principal Payment (4120-049-027) 440,100 457,400 457,400 464,700 Cost of Issuance (4411-020-001) - - - -
Infrastructure Capital Improvement (TBD) - - - 250,000
Payment to Refunded Bond Escrow Agent (4411-027-003) - - - - Property Manager Costs (4120-020-002) 53,701 70,000 70,000 70,000 Property Operating Costs (4120-020-003) 496,633 500,000 500,000 500,000 Misc Special Departmental Supplies (TBD) - 1,000
101 Housing Compliance Manager (001) 15,751 58,675 58,675 63,096 101 Senior Management Analyst (003) 54,580 - - -
101 Management Analyst (004) 32,391 39,875 39,875 43,098 101 Management Aide (005) - 32,625 32,625 34,677
101 Housing Coordinator (TBD) - - - 75,000
200 PERS Contribution (8.003%+Liability) (001) 7,686 13,750 13,750 26,000 200 Health Insurance & Optional Benefits (002) 16,995 28,000 28,000 45,000 200 Medicare Insurance (004) 1,500 2,400 2,400 4,000
200 Deferred Comp Match Program (019) 2,463 4,500 4,500 7,500 Reimb City for Operation of Property (4120-506) 300,000 300,000 300,000 300,000 Total Expenditures 1,534,471 2,552,715 1,829,715 2,924,059 RESTRICTED FUND BALANCE 5,675,830 4,688,784 6,154,033 5,054,974 Total Estimated Requirements
and Restricted Fund Balance 7,210,301 7,241,499 7,983,748 7,979,033
CITY OF SAN DIMAS
ANNUAL CAPITAL AND OPERATING BUDGET
CITY OF SAN DIMAS
City Council
May 23, 2023
Amended Draft Budget Presentation
1 Attachment 2
Fund Balance
Highlights
Proposed FY 2023-24
CITY OF SAN DIMAS
General Fund
Fund Balance Summary
FY 23-24 (Proposed)
Revenues $28,504,884
Transfers In $352,000
Total Revenues $28,856,884
Expenditures $27,088,090
Transfers Out $902,565
Total Expenditures $27,990,655
Reserves/ (Use) of Fund Balance $21,628
Change in Fund Balance $844,601
3 CITY OF SAN DIMAS
CITY OF SAN DIMAS
4 Reserves
$18,242,021
$18,062,300
$18,544,724
$18,818,682
$21,000,621
$20,996,879
$25,957,548
$28,151,599
$29,648,538
$30,493,139
$24,417,321
$0 $10,000,000 $20,000,000 $30,000,000 $40,000,000
2021-22
2020-21
2019-20
2018-19
2017-18
2016-17
2015-16
2014-15
2023-24 Budgeted
2022-23 Estimated
2024-25 Forecast
Historical & Projected Reserves
Special Funds
Fund Balance Summary
FY 23-24 (Proposed)
Revenues $12,909,818
Transfers In $717,241
Total Revenues $13,627,059
Expenditures $20,111,277
Transfers Out $352,000
Total Expenditures $20,463,277
Change in Fund Balance ($6,836,218) *includes ARPA Fund 101 5 CITY OF SAN DIMAS
Housing Authority & Successor Agency
Fund Balance Summary
FY 23-24 (Proposed)
Revenues $3,645,034
Transfers In $206,952
Total Revenues $3,851,986
Expenditures $6,089,894
Transfers Out $0
Total Expenditures $5,919,071
Reserves/ (Use) of Fund Balance $0
Change in Fund Balance ($2,067,085)
6 CITY OF SAN DIMAS
All Funds
Fund Balance Summary
FY 23-24 (Proposed)
Total Revenues $45,059,736
Total Expenditures $53,118,438
Decrease Expense by ARPA
budget coverage
($497,645) *
Net Expense $52,620,793
Projected net change ($7,561,057)
7 CITY OF SAN DIMAS
* ARPA funds are budgeted to exceed fund balance by $497,645 purposely in the event some of the various ARPA accounts do not expend their full budget. Having this budget flexibility allows the City if need be to charge more to another account than what was planned to expense funds by the deadline. In no circumstance will the City expense more than what is actually available.
CITY OF SAN DIMAS
8 Capital Projects
Pavement Rehabilitation Projects
• Repaving of Dalepark & Cataract Ave $571,000
• Reconstruct Pavement on Via Vaquero East of San Dimas Ave $400,000
• Annual Pavement Preservation $360,000
• Horse Thief Canyon Park Improvements $640,000 (Measure A funded)
CITY OF SAN DIMAS
9 Capital Projects – Design Phase
Civic Center
Trash
Enclosures
$50,000
Arrow Hwy
from Valley
Center to
East City
Limit Design
$125,000
Infrastructure
Capital
Improvement
$250,000
CITY OF SAN DIMAS
10 Equipment Transportation 5 Outfitted Vehicles
$401,000
Case 580 Tractor
Backhoe $200,000
Street Sweeper
$500,000
Manlift $20,000
Vehicle #60 Cargo
Ramp $10,000
Midrise Vehicle Lift
$4,174
Technology & Communication
• Mobile Device
Equipment
$8,500
Posting Board
$2,000
Asset
Management
$150,000
City Wide
Cameras
$40,000
Tools
Walk Behind
Roller $16,000
Field Portable
Welder $13,500
Pneumatic
Rock Drill
$3,000
Other HVAC Hot Boiler
Replacement
$150,000
Covered Wagon
Replacement
$30,000
Competition Pool
Platforms $5,000
Chair Replacements
$5,000
CITY OF SAN DIMAS
11 Improvements
Charter Oak Façade Improvement Grant
$200,000
Online Permitting Center for Community
Development & Public Works $95,000
GIS Framework Upgrade $20,000
CITY OF SAN DIMAS
12 Staff &
Development
Housing
Coordinator
$75,000
NeoGov $12,620
Centralized Platform to automate, streamline &
support employee recruitment, onboarding and
development
Additional Trainings $1,850
Includes:
* Record Management
* Communication Engagement Strategies
*Risk Management
*Employee Labor Relations
CITY OF SAN DIMAS
Total Reserves 26M 28.2M 29.7M 30.5M 24.4M 20.6M 18.4M
Memorandum
Date: May 16, 2023
To: Honorable Mayor and Members of City Council
From: Chris Constantin, City Manager
Prepared by: Luis Torrico, Planning Manager
Subject: Continuance of SB 9 Ordinance Discussion
_________________________________________________________________ At the regular City Council meeting of March 28, 2023, the City Council voted 4-0 (Mayor Emmett Badar absent) to continue the discussion to create an SB 9 Ordinance to allow the Mayor to provide input on the ordinance options. The attached staff report will be presented to the Council for consideration.
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of March 28, 2023
From: Chris Constantin, City Manager
Prepared by: Luis Torrico, Planning Manager
Subject: Discuss zoning, design and development standards the City could include in an ordinance to minimize negative impacts related to Senate Bill 9, which requires cities to ministerially approve subdivisions of single-family zoned parcels into two (2) parcels and developments of two (2) residential units on single-family zoned parcels.
____________________________________________________________________________
SUMMARY
Senate Bill 9 (SB 9) was signed into law in September 2021 and went into effect January 1, 2022. SB 9 requires cities to ministerially approve subdivisions of single-family zoned parcels into two (2) parcels and developments of two (2) residential units on single-family zoned parcels.
SB 9 law allows cities to adopt objective zoning, design and development standards, however, there are limitations, including, but not limited to unit size, setbacks, parking, and off-site improvements for subdivisions.
On January 25, 2022, the City Council approved an initiation for a Municipal Code Text Amendment to amend the San Dimas Municipal Code related to SB 9.
On June 16, 2022, the Planning Commission considered the options prepared by Staff, which could assist in minimizing negative impacts related to SB 9 developments, and provided recommendations to the City Council.
On July 26, 2022, the City Council discussed the options recommended by Staff and the Planning Commission. After discussing the options, the City Council directed Staff to bring the item back provide three options that provide development incentives ranging from the least to the most restrictive.
SB 9 Ordinance Options Page 2
For the Meeting of March 28, 2023
RECOMMENDATION
Staff recommends that the City Council
• Discuss the revised proposed options related to Senate Bill 9 (SB 9), consider the Planning Commission’s recommendations related to optional development standards, and direct staff to draft an SB 9 ordinance to present to the Planning Commission and subsequently to the City Council for adoption.
FISCAL IMPACT
There is no fiscal impact for the recommended action.
BACKGROUND
On September 16, 2021, in an effort to ease California’s housing shortage, SB 9 was signed into law by Governor Gavin Newsom, and went into effect on January 1, 2022 (Attachment 1). SB 9 requires cities to ministerially approve urban lot splits and two-unit residential developments for parcels zoned single-family, essentially allowing a single-family zoned parcel to have up to four (4) units, should the parcel be split and developed with two (2) units each pursuant to the new law. Cities are allowed to implement objective development standards; however, these standards would have to allow, at a minimum, 1,200 square-foot lot splits, and 800 square-foot units if developed pursuant to SB 9.
In order to regulate SB 9 projects and retain some local control, on January 25, 2022 the City Council approved an initiation for a Municipal Code Text Amendment (MCTA) to amend the San Dimas Municipal Code related to SB 9. The amendment will include objective zoning, design and development standards in compliance with the law, to allow at a minimum 1,200 square-foot lot splits and 800 square-foot two-unit developments. Prior to bringing the MCTA ordinance before the Planning Commission and City Council, Staff has prepared a list of possible standards the City could adopt to minimize negative impacts related to SB 9.
These standards, which included floor area, height and parking standards, were presented to the Planning Commission at their June 16, 2022 meeting (Attachment 3). The Commission did not agree with the premise of SB 9, but understood that it is the law and the City needs to comply with the law. They agreed in creating standards that would limit impacts related to SB 9 and provided the following comments on the standards presented to them:
• Floor Area
They agreed with providing additional floor area above the 800 square-foot minimum if it would incentivize developments to comply with the City’s existing residential development standards. Specifically, they agreed with any standards that would provide on-site parking for SB 9 units. They recommended that the additional floor area criteria be included in the ordinance.
• Height
The Commission agreed with limiting SB 9 projects to one-story in height unless they provide a two-car garage. As previously mentioned, the Commission agreed with including standards that would provide on-site parking for SB 9 units to reduce any impacts on
SB 9 Ordinance Options Page 3
For the Meeting of March 28, 2023
residential street parking. They recommended that this allowance be included in the ordinance.
• Parking
SB 9 requires that a maximum of one (1) parking space be required for each new unit, unless the property is located within one-half mile of a high-quality transit corridor or a major transit stop. For projects that would be exempt from providing on-site parking, the ordinance could be written to not allow driveways as a mechanism to persuade applicants to provide on-site parking. The Commission understood Staff’s approach to not allow driveways for projects exempt from providing parking to encourage on-site parking.
However, their main concern was to keep vehicles from having to park on the street.
Therefore, they recommended against this option and recommended to allow a driveway to provide a parking pad for parking-exempt projects.
In addition, during the meeting discussion, Staff informed the Commission that some cities were denying annual parking permits for units developed pursuant to SB 9. This was done in an attempt to require SB 9 projects to provide on-site parking. The Commission was not in favor of this procedure, and reiterated that while they did not agree with SB 9, understood that the City needs to comply with the law, but Staff should adopt standards to mitigate negative impacts, specifically those related to on-street parking.
On July 26, 2022, the optional standards, along with the Planning Commission’s recommendations were presented to the City Council (Attachment 2). The Council discussed the options related to floor area, height and parking and how each standard may affect one another and the overall impact. Options were also discussed to make the ordinance as restrictive as possible to limit impacts to existing single-family neighborhoods. Discussion on standards included:
• Floor Area
o Limit units from 800 – 1,000 square feet .
o Allow 1,000 square feet units if they provide a one-car garage or make the units affordable.
• Height
o Allow two-story units on larger lots or lots that abut to non-sensitive uses such as a drainage channel/wash.
• Parking
o Allow units up to 1,000 square feet if they provide a one-car garage.
After discussing the options, the City Council directed Staff to bring the item back after conducting additional research and to provide three (3) options that explore units ranging from 800 – 1,000 square feet in floor area based on incentives, allowing two-story units based on lot size and adjacent uses, and an option to allow larger units if they are restricted to affordable income levels.
In addition, the direction included that the three options include development incentives ranging from the least to the most restrictive.
DISCUSSION/ANALYSIS
SB 9 allows by-right subdivisions and housing developments that could change the character of single-family neighborhoods. The law undermines local control as it requires cities to approve projects ministerially and includes development standards that are less restrictive than what the San Dimas Municipal Code currently allows for lot splits and residential developments. While SB
SB 9 Ordinance Options Page 4
For the Meeting of March 28, 2023
9 projects are allowed by-right, and sets forth minimum requirements, the law gives cities limited control by allowing cities to establish objective development standards.
SB 9 Minimum Requirements
The following are the minimum requirements that must be applied to Urban Lot Splits:
1. The parcel to be subdivided must be zoned for single-family residential and cannot be located within a historic district.
2. The lot split cannot result in more than two (2) parcels, and each newly created parcel would have to have a minimum lot area of 1,200 square feet and must be at least 40 percent the size of the original lot.
3. Each of the newly created parcels could potentially be developed with a maximum of two (2) units, for a total of four (4) units resulting from the one (1) lot split (See Figure 2).
4. Per the law, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are counted towards the maximum number of units on SB 9 developments, and allows cities to prohibit ADUs and JADUs on lot created through SB 9.
5. The parcel to be subdivided cannot have been previously subdivided pursuant to SB 9, and neither the owner of the parcel being divided nor any other person acting in concert with the owner shall have previously subdivided any adjacent parcel pursuant to SB 9.
6. When approving SB 9 lot splits, cities cannot require dedications of right-of-way or the construction of off-site improvements as a condition of approving a lot split.
7. The lot split must not require the demolition or alteration of protected affordable housing or housing that has been occupied by a tenant in the last three (3) years.
8. The applicant is required to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for at least three (3) years from the date of approval of the lot split; therefore, vacant lots would be disqualified as the occupancy requirement would not be met.
9. Units created under this law cannot be used as short-term rentals.
The law also requires cities to ministerially approve two-unit residential developments, with a minimum floor area of 800 square-feet, on any single-family zone parcel. This could result in up to four (4) units on one (1) single-family zoned lot (See Figure 1). Cities can require compliance with development standards, but cannot preclude an 800 square-foot unit from being developed.
The following are minimum requirements that must be applied to two-unit residential developments:
1. Requires minimum four-foot side and rear yard setbacks for new units, and does not require setbacks for a structure constructed in the same location and to the same dimensions as an existing structure.
2. A maximum of one (1) parking space is required for each new unit; however, if the parcel is located within a half-mile of a high-quality transit corridor or a major transit stop, or there is a car share vehicle located within one block of the parcel, then the City cannot require any onsite parking.
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3. The project cannot require the demolition of more than 25 percent of the existing exterior walls.
4. Lastly, similar to the requirement for Urban Lot Splits, two-unit developments must not require the demolition or alteration of protected affordable housing or housing that has been occupied by a tenant in the last three (3) years, and the parcel cannot be a historic landmark or located within a historic district.
Figure 1 - Two-unit development scenarios for one single-family lot (no lot split). *A JADU would be located entirely within an existing/proposed single-family residence.
Figure 2 - Lot split & two-unit development scenarios for one single-family lot. *A JADU would be located entirely within an existing/proposed single-family residence.
Staff’s initial intent was to draft an ordinance that limited SB 9 development to minimize impacts to existing single-family neighborhoods. Limitations would include limiting units to 800 square feet in floor area and to one-story in height, unless the units were designed to comply with existing setback, lot coverage, and parking requirements. Under those scenarios, units could potentially be as big a 1,000 square feet and/or be two-stories in height. Therefore, those options were presented to the Planning Commission and the City Council. Since the July 26, 2022 City Council meeting, Staff has been doing additional research on what other cities have done and has also been monitoring the Department of Housing & Community Development’s (HCD) website for additional guidance on the law.
While no changes have been made or proposed to the law by HCD, nor has additional guidance been provided, City Staff has become aware of HCD sending letter to cities that have adopted ordinances that violate SB 9 and the Housing Crisis Act of 2019 (Gov. Code, § 66300). Two cities in particular, located within the San Gabriel Valley, received said letters. The violations varied
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slightly for each of these cities; however, the main takeaway from both of these letters is that HCD raised concerns with ordinances that were more restrictive than the City’s existing single-family residential zoning standards. Examples include, but are not limited to, limiting floor area, height and other limiting standards that do not apply to single-family development. As a result of these letters, one of these cities is in the process of amending their adopted SB 9 ordinance to comply with State law.
Therefore, Staff’s previous recommendations that limited SB 9 developments, if adopted, could be seen as a violation of the law by HCD. As a result, Staff discussed the options and Staff’s intent of limiting impacts related to SB 9 projects with the City Attorney’s office. Their recommendation was to only limit development of one (1) of the two (2) units allowed per SB 9.
The primary unit would be allowed to be developed per the City’s current single-family development standards, and the second unit would be limited by the standards (i.e. floor area & height) that are approved by the Council and adopted as part of an SB 9 ordinance. Taking that approach, the ordinance could be construed as not being more restrictive that the City’s existing single-family development standards, which allow for one (1) unit to be developed in compliance with the existing development standards. Drafting an SB 9 ordinance that allows the primary unit to develop per our current standards and limit development of the second unit, in the City Attorney’s opinion, should not violate State law.
In addition to doing further research on the law itself, City Staff has been monitoring the number of SB 9 applications submitted, not just for San Dimas but for adjacent cities to get a better understanding on how the new law is impacting residential neighborhoods. Since the law went into effect on January 1, 2022, the City of San Dimas has only received a total of five (5) SB 9 applications, of which, three (3) have been deemed complete and two (2) have been deemed incomplete. Staff continues to work with the applicants of the incomplete applications to get the required documents and information to deem the applications complete. Of the three (3) applications that have been deemed complete, only one has submitted for building plan check.
Staff also reached out to six (6) surrounding cities and collectively, only five (5) SB 9 applications were received by the six (6) cities. Cities had concerns on the impact that SB 9 developments would have on single-family neighborhoods, but as it turns out, there has been very limited SB 9 activity. It’s still early to make determinations on the real impact of SB 9 or why property owners are not pursuing SB 9 projects; however, it may be that SB 9 developments are not financially practical for the average single-family parcel in built-out communities, and the development of ADUs, which have less restrictions, would be more financially practical for property owners.
Regardless of the limited activity, Staff’s recommendations would still have the goal of minimizing impacts to single-family neighborhoods. The ordinance will include architectural and site layout objective standard requirements to assist in achieving some consistency with existing singlefamily residential neighborhoods including, but not limited to, design, landscaping, parking and driveway requirements. In addition, the ordinance could include optional incentives to provide flexibilities on unit sizes and height. Previous discussions with the Planning Commission and City Council included options to increase floor area and allow for up to two-stories. Based on direction from the Commission and City Council, and the recent information from the City Attorney’s office related to HCD’s letters to the non-compliant cities, second units would still be limited to 800 square feet and one-story unless the proposed following optional incentives are included in the ordinance.
• Units Larger than 800 Square Feet
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o One-car garage incentive - Under this optional standard, units could exceed the 800 square foot max up to 1,000 square feet if they provide a one-car garage. The garage would require minimum dimensions (interior clearance) of 10-feet by 20- feet, and would have to comply with the setback standards of the underlying zone.
The garage floor area would not count towards the unit’s floor area. o Affordable units – Under this optional standard, units could exceed the 800 square foot max if they are maintained as low or very low income housing. The income levels and the years required to be affordable would be set by the Council. The Council could choose to make the units affordable in perpetuity or set a timeframe such as 20 or 30 years. This could be secured through an affordable covenant that would be tied to the property and would transfer if the property was to be sold. It’s unlikely that applicants would chose this option in exchange for a 1,000 square foot unit; therefore, Staff would recommend that affordable units be allowed up to 1,200 square feet in floor area to increase the likelihood that this option would be pursued. This option would require a significant amount of staff time, and potentially require additional staff to prepare the legal documents, review eligibility standards for new tenants and complete the required annual monitoring of the affordability requirements.
• Two-story units
o Larger Parcels - Concerns with privacy and over-development were raised during the City Council’s discussion. It was suggested that Staff research allowing twostory units on larger parcels. Exploring this option, Staff recommends applying a minimum lot depth as opposed to a minimum lot size. Lots created through SB 9 would be splitting existing parcels; therefore, a lot size minimum that would address the concern is less likely to be achieved through the SB 9 process. If twostory units are allowed on parcels with lot depths of 150 feet or greater, this would provide for additional spacing between the units to address privacy concerns, crowding, and the appearance of over-development. In addition, to address further privacy concerns, the units could be required to be located within the rear one-third of the parcel.
o Parcels Adjacent to Less Sensitive Uses – The Council also suggested allowing two-story units on parcels that abut a flood control channel/wash to address privacy concerns. There are some residential properties that abut the San Dimas Wash located on the north end of the City. While there wouldn’t be any residential uses that could be impacted behind these parcels, two-story units could still potentially create privacy impacts to adjacent lots since the minimum side yard requirement is four (4) feet per SB 9 law. Increased side yard setbacks could be required for these units; however, it would be very difficult to come up with a minimum standard side yard setback requirement that would not create privacy impacts on adjacent parcels, as lot widths and location of adjacent structures and open space areas would vary. Furthermore, parcels that abut to a residential channel/wash and are split using a flag-lot design, would result in only the rear lot (flag-lot) eligible for this criteria. If the Council chooses to include this option, it would make sense to include parcels that abut to other non-sensitive use such as commercial properties and multi-family properties.
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• Affordable Units
o As previously discussed, an incentive to allow for larger units could be provided if the units are made affordable to low-income tenants. As opposed to providing incentives to build affordable units, the Council could decide to require all second units to be affordable, regardless of size. While not a requirement of SB 9 law, one of the intents of SB 9 is to increase the supply of affordable housing in the State.
For every SB 9 development, the second unit would need to be restricted to lowincome rents for a period set by the Council. The likelihood of affordable units to be created are more probable under this option than the 1,200 square foot floor area incentive discussed above. Therefore, if the preference is for affordable units to be created, Staff would recommend pursuing this option and the not the increased floor area option. This option would require a significant amount of staff time, and potentially require additional staff to prepare the legal documents, review eligibility standards for new tenants and annual monitoring of the affordability requirements.
The options discussed above would be in addition to the minimum objective development standards that would be written into the ordinance. Per the last City Council study session, the Council requested that three options, ranging from least to most restrictive, be provided for consideration. To be clear, the development incentives would only apply to the second unit, as the primary unit could be developed per existing single-family development standards with no limitation on floor area or height beyond what the Code currently allows.
Option 1 – Least Restrictive
This option would allow both units to develop pursuant to the City’s existing single-family development standards, with the exception of the reduced setback and parking requirements per SB 9. Under this option both units could be developed with a 20-foot front yard setback, four-foot side yard setbacks, and no rear yard setback. Both units could be two-stories in height and only be limited by the 35% lot coverage requirement. Floor area for both units combined could be as big as the current code would permit. As an example, on a typical downtown residential lot that measures 7,000 square feet, each unit could be as big as 2,450 square feet if both are two-stories.
Under this scenario, no on-site parking would need to be provided as the lot would be within ½ mile of public transit.
Option 2 – More Restrictive
This option could include a mixture of development incentives discussed above. The ordinance can include the incentives to develop larger units in exchange for providing a one-car garage or creating an affordable unit per the terms agreed upon by the Council. The ordinance could also provide an option to develop two-story units if the lot has a depth of 150 feet or more and the unit is located on the rear one-third of the lot. The Council can choose to include some or all of the options to provide some flexibility. Again, these options would only be applicable to the second unit.
Option 3 – Most Restrictive
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This option would be the most restrictive and would not provide any development incentives for the second unit. The second unit would be limited to 800 square feet, which is the floor area included in the SB 9 law text, and would be limited to one story in height. The Council could also add the affordability requirement for the second unit, which would make this option even more restrictive. The second unit would also have to comply with the objective development standards that would be written into the ordinance. It’s Staff’s understanding, through discussions with the City Attorney’s office, that this option is less likely to be flagged as a violation of SB 9 law as the ordinance would allow one (1) unit to be developed without restrictions, thus not making this ordinance more restrictive than our current requirements for the single-family residential zones.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Luis Torrico
Planning Manager
Attachments:
1. Senate Bill 9 Law
2. City Council Staff Report – July 26, 2022
3. Planning Commission Staff Report – June 16, 2022
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.
This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 94 STATE OF CALIFORNIA
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months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.
This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.
The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. 94 Ch. 162 — 2 —
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This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
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(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines.
(c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 Ch. 162 — 4 —
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no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
(2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered.
(j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
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(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 Ch. 162 — 6 —
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2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
(3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the 94 — 7 — Ch. 162
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housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
(j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 Ch. 162 — 8 —
ATTACHMENT 1 Page 394
considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.
SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
94 — 9 — Ch. 162
ATTACHMENT 1 Page 395
(2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
94 Ch. 162 — 10 —
ATTACHMENT 1 Page 396
(f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.
SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 — 11 — Ch. 162
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because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
O
94 Ch. 162 — 12 —
ATTACHMENT 1 Page 398
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of July 12, 2022
From: Chris Constantin, City Manager
Prepared by: Luis Torrico, Planning Manager
Subject: Discuss Zoning, Design and Development Standards the City Could to Include in an Ordinance to Minimize Negative Impacts Related to Senate Bill 9, Which Requires Cities to Ministerially Approve Subdivisions of Single-Family Zoned Parcels into Two (2) Parcels and Developments of Two (2) Residential Units on Single-Family Zoned Parcels.
____________________________________________________________________________
SUMMARY
Senate Bill 9 (SB 9) was signed into law in September 2021 and went into effect January 1, 2022. SB 9 requires cities to ministerially approve subdivisions of single-family zoned parcels into two (2) parcels and developments of two (2) residential units on single-family zoned parcels.
On January 25, 2022, the City Council approved an initiation for a Municipal Code Text Amendment to amend the San Dimas Municipal Code related to SB 9.
SB 9 law allows cities to adopt objective zoning, design and development standards, however, there are limitations, including, but not limited to unit size, setbacks, parking, and off-site improvements for subdivisions. Staff prepared a list of optional standards which could assist in minimizing negative impacts related to SB 9 developments.
On June 16, 2022, the Planning Commission considered the options and provided recommendations to the City Council.
Staff recommends that the City Council discuss and consider the proposed options for incorporation into an SB 9 ordinance, which will be brought before the Planning Commission and City Council in the near future.
ATTACHMENT 2 Page 399
SB 9 Ordinance Options Page 2
For the Meeting of July 12, 2022
RECOMMENDATION
City Staff recommends that the City Council
• Discuss and provide Staff direction regarding the proposed options to include within the ordinance pertaining to Senate Bill 9 (SB 9).
FISCAL IMPACT
No fiscal impact to the City.
BACKGROUND
On September 16, 2021, in an effort to ease California’s housing shortage, SB 9 was signed into law by Governor Gavin Newsom, and went into effect on January 1, 2022. SB 9 requires cities to ministerially approve urban lot splits and two-unit residential developments for parcels zoned single-family, essentially allowing a single-family zoned parcel to have up to four (4) units, should the parcel be split and developed with two (2) units each pursuant to the new law. Cities are allowed to implement objective development standards; however, these standards would have to allow, at a minimum, 1,200 square-foot lot splits, and 800 square-foot units if developed pursuant to SB 9.
In order to regulate SB 9 projects and retain some local control, on January 25, 2022 the City Council approved an initiation for a Municipal Code Text Amendment (MCTA) to amend the San Dimas Municipal Code related to SB 9. The amendment will include objective zoning, design and development standards in compliance with the law, to allow at a minimum 1,200 square-foot lot splits and 800 square-foot two-unit developments. Prior to bringing the MCTA ordinance before the Planning Commission and City Council, Staff has prepared a list of possible standards the City could adopt to minimize the negative impacts of SB 9.
These standards were presented to the Planning Commission at their June 16, 2022 meeting.
The Commission did not agree with the premise of SB 9, but understood that it is the law and the City needs to comply with the law. They agreed in creating standards that would limit impacts related to SB 9. Information about the Commission’s comments and recommendations is provided later in the report under the optional standards discussion.
DISCUSSION/ANALYSIS
SB 9 allows by-right subdivisions and housing developments that could change the character of single-family neighborhoods. The law undermines local control as it requires cities to approve projects ministerially and includes development standards that are less restrictive than what the San Dimas Municipal Code currently allows for lot splits and residential developments. While SB 9 projects are allowed by-right, and sets forth minimum requirements, the law gives cities limited control by allowing cities to establish objective development standards.
SB 9 Minimum Requirements
The following are the minimum requirements that must be applied to Urban Lot Splits:
1. The parcel to be subdivided must be zoned for single-family residential and cannot be located within a historic district.
ATTACHMENT 2 Page 400
SB 9 Ordinance Options Page 3
For the Meeting of July 12, 2022
2. The lot split cannot result in more than two (2) parcels, and each newly created parcel would have to have a minimum lot area of 1,200 square feet and must be at least 40 percent the size of the original lot.
3. Each of the newly created parcels could potentially be developed with a maximum of two (2) units, for a total of four (4) units resulting from the one (1) lot split (See Figure 2).
4. Per the law, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are counted towards the maximum number of units on SB 9 developments, and allows cities to prohibit ADUs and JADUs on lots created through SB 9.
5. The parcel to be subdivided cannot have been previously subdivided pursuant to SB 9, and neither the owner of the parcel being divided nor any other person acting in concert with the owner shall have previously subdivided any adjacent parcel pursuant to SB 9.
6. When approving SB 9 lot splits, cities cannot require dedications of right-of-way or the construction of off-site improvements as a condition of approving a lot split.
7. The lot split must not require the demolition or alteration of protected affordable housing or housing that has been occupied by a tenant in the last three (3) years.
8. The applicant is required to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for at least three (3) years from the date of approval of the lot split; therefore, vacant lots would be disqualified as the occupancy requirement would not be met.
9. Units created under this law cannot be used as short-term rentals.
The law also requires cities to ministerially approve two-unit residential developments, with a minimum floor area of 800 square-feet, on any single-family zone parcel. This could result in up to four (4) units on one (1) single-family zoned lot (See Figure 1). Cities can require compliance with development standards, but cannot preclude an 800 square-foot unit from being developed.
The following are minimum requirements that must be applied to two-unit residential developments:
1. Requires minimum four-foot side and rear yard setbacks for new units, and does not require setbacks for a structure constructed in the same location and to the same dimensions as an existing structure.
2. A maximum of one (1) parking space is required for each new unit; however, if the parcel is located within a half-mile of a high-quality transit corridor or a major transit stop, or there is a car share vehicle located within one block of the parcel, then the City cannot require any onsite parking.
3. The project cannot require the demolition of more than 25 percent of the existing exterior walls.
4. Lastly, similar to the requirement for Urban Lot Splits, two-unit developments must not require the demolition or alteration of protected affordable housing or housing that has ATTACHMENT 2 Page 401
SB 9 Ordinance Options Page 4
For the Meeting of July 12, 2022
been occupied by a tenant in the last three (3) years, and the parcel cannot be a historic landmark or located within a historic district.
Figure 1 - Two-unit development scenarios for one single-family lot (no lot split). *A JADU would be located entirely within an existing/proposed single-family residence.
Figure 2 - Lot split & two-unit development scenarios for one single-family lot. *A JADU would be located entirely within an existing/proposed single-family residence.
Staff intends on drafting an ordinance that will implement objective standards to SB 9 developments to minimize impacts to existing single-family neighborhoods. Therefore, the ordinance will include the State’s minimum requirements limiting newly created lots to a minimum lot area of 1,200 square-feet, and limiting units to a maximum of 800 square-feet. The ordinance will also include standards to assist in achieving some consistency with existing single-family residential neighborhoods including, but not limited to, unit design, driveway, and occupancy standards.
Optional SB 9 Standards
While the law establishes the minimum number of units allowed, minimum setbacks and unit size requirements, cities can adopt additional objective standards to gain greater regulatory control and bring SB 9 developments closer to compliance with the City’s single-family development standards. The options below can be included in the ordinance to achieve this.
Unit Size
Units developed pursuant to SB 9 must be approved with a minimum floor area of 800 squarefeet. However, the ordinance to be drafted intends to apply existing development standards to the extent that they do not preclude the development of up to two (2) 800 square-foot units; thereby ATTACHMENT 2 Page 402
SB 9 Ordinance Options Page 5
For the Meeting of July 12, 2022
limiting a unit to no more than 800 square-feet in floor area. The ordinance can also include incentives to allow units larger than the 800 square-foot minimum, for a total floor area of up to 1,000 or 1,200 square-feet if certain criteria is met.
Potential Unit Size Options:
1. A 1,000 square-foot unit would be allowed if the proposed unit complies with existing setback and lot coverage requirements.
2. A 1,200 square-foot unit would be allowed if the unit complies with existing setback and lot coverage requirements, and also provides a code-compliant two-car garage.
These incentives would allow SB 9 projects to be consistent with existing residential development standards and the two-car garage would reduce impacts to street parking. The Planning Commission agreed with providing additional floor area above the 800 square-foot minimum if it would incentivize developments to comply with the City’s existing residential development standards. Specifically, they agreed with any standards that would provide on-site parking for SB 9 units. They recommended that the additional floor area criteria be included in the ordinance.
Height
The law does not restrict cities from imposing height restrictions on SB 9 units. Staff’s intent is to draft an ordinance that limits SB 9 units to one-story in height.
Potential Height Option:
1. The ordinance can include a provision that allows two-story units if the unit complies with existing setback, lot coverage requirements and also provides a code-compliant two-car garage.
Under this scenario, the maximum unit floor area could be up to 1,200 square-feet and the twocar garage would reduce impacts to street parking and would be consistent with parking requirements for existing single-family residences. In addition, requiring that the unit be built over the garage, would reduce the building footprint which may allow for more open yard space than a one-story unit would.
The Commission agreed with limiting SB 9 projects to one-story in height unless they provide a two-car garage. As previously mentioned, the Commission agreed with including standards that would provide on-site parking for SB 9 units to reduce any impacts on residential street parking.
They recommended that this allowance be included in the ordinance.
Parking/Driveways
SB 9 requires that a maximum of one (1) parking space be required for each new unit, unless the property is located within one-half mile of a high-quality transit corridor or a major transit stop.
Potential Parking/Driveway Option:
1. For projects that would be exempt from providing on-site parking, the ordinance could be written to not allow driveways.
ATTACHMENT 2 Page 403
SB 9 Ordinance Options Page 6
For the Meeting of July 12, 2022
This could serve as a mechanism to persuade applicants to provide on-site parking for SB 9 projects. Conversely, if driveways are not allowed for parking-exempt projects, it could potentially impact existing neighborhoods by forcing residents to park on the street. While this option could lead to the provision of on-site parking, it could also lead to more vehicles parking on the street.
The Commission understood Staff’s approach to not allow driveways for projects exempt from providing parking to encourage on-site parking. However, their main concern was to keep vehicles from having to park on the street. Therefore, they recommended against this option and recommended to allow a driveway to provide a parking pad for parking-exempt projects.
In addition, during the meeting discussion, Staff informed the Commission that some cities were denying annual parking permits for units developed pursuant to SB 9. This was done in an attempt to require SB 9 projects to provide on-site parking. The Commission was not in favor of this procedure, and reiterated that while they did not agree with SB 9, understood that the City needs to comply with the law, but Staff should adopt standards to mitigate negative impacts, specifically those related to on-street parking.
As previously mentioned, cities cannot control the number of units developed pursuant to SB 9 nor can cities deny a unit with at least 800 square-feet in floor area and four-foot (4’) side and rear yard setbacks. However, the above mentioned options could assist in reducing impacts SB 9 projects could have on existing single-family residential neighborhoods. Until the ordinance is drafted and adopted, applicants can request subdivisions and/or two-unit residential developments as long as their requests comply with the minimum State criteria, which means units can be larger than 800 square-feet. Since both the subdivisions and two-unit developments would be allowed ministerially, they would both be exempt from California Environmental Quality Act (CEQA) review.
ENVIRONMENTAL REVIEW
An ordinance adopted, or in this case, the request to initiate the MCTA pursuant to SB 9 does not count as a project for CEQA purposes, and is therefore not subject to CEQA review.
Respectfully submitted,
Luis Torrico
Planning Manager
Attachments
1 Senate Bill 9 Law
2 Planning Commission Staff Report – June 16, 2022
ATTACHMENT 2 Page 404
Agenda Item Staff Report
Study Session
To: Honorable Chair and Members of Planning Commission
For the Meeting of June 16, 2022
From: Henry Noh, Director of Community Development
Prepared by: Luis Torrico, Planning Manager
Subject: Discuss zoning, design and development standards the City could include in an ordinance to minimize negative impacts related to Senate Bill 9, which requires cities to ministerially approve subdivisions of single-family zoned parcels into two (2) parcels and developments of two (2) residential units on single-family zoned parcels.
____________________________________________________________________________
RECOMMENDATION
Staff recommends that the Planning Commission discuss the proposed options to mitigate negative impacts related to Senate Bill 9 (SB 9), and provide comments and a recommendation to the City Council.
FISCAL IMPACT
No fiscal impact to the City.
SUMMARY
Senate Bill 9 (SB 9) was signed into law in September 2021 and went into effect January 1, 2022. SB 9 requires cities to ministerially approve subdivisions of singlefamily zoned parcels into two (2) parcels and developments of two (2) residential units on single-family zoned parcels.
On January 25, 2022, the City Council approved an initiation for a Municipal Code Text Amendment to amend the San Dimas Municipal Code related to SB 9.
SB 9 law allows cities to adopt objective zoning, design and development standards, however, there are limitations, including, but not limited to unit size, setbacks, parking, and off-site improvements for subdivisions. Staff has prepared a list of options the Planning Commission could consider and recommend to the City Council to minimize negative impacts related to SB 9 developments.
ATTACHMENT 3 Page 405
SB 9 ordinance options Page 2
June 16, 2022, Planning Commission Meeting
BACKGROUND
On September 16, 2021, in an effort to ease California’s housing shortage, SB 9 was signed into law by Governor Gavin Newsom, and went into effect on January 1, 2022. SB 9 requires cities to ministerially approve urban lot splits and two-unit residential developments for parcels zoned single-family, essentially allowing a single-family zoned parcel to have up to four (4) units, should the parcel be split and developed with two (2) units each pursuant to the new law. Cities are allowed to implement objective development standards; however, these standards would have to allow, at a minimum, 1,200 square-foot lot splits, and 800 square-foot units if developed pursuant to SB 9.
In order to regulate SB 9 projects and retain some local control, on January 25, 2022 the City Council approved an initiation for a Municipal Code Text Amendment to amend the San Dimas Municipal Code related to SB 9. The amendment will include objective zoning, design and development standards in compliance with the law, to allow at a minimum 1,200 square foot lot splits and 800 square-foot two-unit developments. Prior to bringing the MCTA ordinance before the Planning Commission and City Council, Staff has prepared a list of possible standards the City could adopt to minimize the negative impacts of SB 9.
DISCUSSION/ANALYSIS
SB 9 allows by-right subdivisions and housing developments that could change the character of single-family neighborhoods. The law undermines local control as it requires cities to approve projects ministerially and includes development standards that are less restrictive than what the San Dimas Municipal Code currently allows for lot splits and residential developments. While SB 9 projects are allowed by-right, and sets forth minimum requirements, the law gives cities limited control by allowing cities to establish objective development standards.
SB 9 Minimum Requirements
The following are the minimum requirements that must be applied to Urban Lot Splits:
1. The parcel to be subdivided must be zoned for single-family residential and cannot be located within a historic district.
2. The lot split cannot result in more than two (2) parcels, and each newly created parcel would have to have a minimum lot area of 1,200 square feet and must be at least 40 percent the size of the original lot.
3. Each of the newly created parcels could potentially be developed with a maximum of two (2) units, for a total of four (4) units resulting from the one (1) lot split (See Figure 2).
4. Per the law, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are counted towards the maximum number of units on SB 9 developments, and allows cities to prohibit ADUs and JADUs on lot created through SB 9.
5. The parcel to be subdivided cannot have been previously subdivided pursuant to SB 9, and neither the owner of the parcel being divided nor any other person acting in concert with the owner shall have previously subdivided any adjacent parcel pursuant to SB 9.
ATTACHMENT 3 Page 406
SB 9 ordinance options Page 3
June 16, 2022, Planning Commission Meeting
6. When approving SB 9 lot splits, cities cannot require dedications of right-of-way or the construction of off-site improvements as a condition of approving a lot split.
7. The lot split must not require the demolition or alteration of protected affordable housing or housing that has been occupied by a tenant in the last three (3) years.
8. The applicant is required to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for at least three (3) years from the date of approval of the lot split; therefore, vacant lots would be disqualified as the occupancy requirement would not be met.
9. Units created under this law cannot be used as short-term rentals.
The law also requires cities to ministerially approve two-unit residential developments, with a minimum floor area of 800 square-feet, on any single-family zone parcel. This could result in up to four (4) units on one (1) single-family zoned lot (See Figure 1). Cities can require compliance with development standards, but cannot preclude an 800 square-foot unit from being developed.
The following are minimum requirements that must be applied to two-unit residential developments:
1. Requires minimum four-foot side and rear yard setbacks for new units, and does not require setbacks for a structure constructed in the same location and to the same dimensions as an existing structure.
2. A maximum of one (1) parking space be required for each new unit; however, if the parcel is located within a half-mile of a high-quality transit corridor or a major transit stop, or there is a car share vehicle located within one block of the parcel, then the City cannot require any onsite parking.
3. The project cannot require the demolition of more than 25 percent of the existing exterior walls.
4. Lastly, similar to the requirement for Urban Lot Splits, two-unit developments must not require the demolition or alteration of protected affordable housing or housing that has been occupied by a tenant in the last three (3) years, and the parcel cannot be a historic landmark or located within a historic district.
Figure 1 - Two-unit development scenarios for one single-family lot (no lot split). *A JADU would be located entirely within an existing/proposed single-family residence.
ATTACHMENT 3 Page 407
SB 9 ordinance options Page 4
June 16, 2022, Planning Commission Meeting
Figure 2 - Lot split & two-unit development scenarios for one single-family lot. *A JADU would be located entirely within an existing/proposed single-family residence.
Staff intends on drafting an ordinance that will limit SB 9 developments to minimize impacts to existing single-family neighborhoods. Therefore, the ordinance will include the State’s minimum requirements limiting newly created lots to a minimum lot area of 1,200 square-feet, and limiting units to a maximum of 800 square-feet. The ordinance will also include standards to assist in achieving some consistency with existing single-family residential neighborhoods including, but not limited to, unit design, driveway, and occupancy standards.
Optional SB 9 Standards
While the law establishes the minimum number of units allowed, minimum setbacks and unit size requirements, cities can adopt additional objective standards to gain greater regulatory control and bring SB 9 developments closer to compliance with the City’s single-family development standards. The options below can be included in the ordinance to achieve this.
Unit Size
Units developed pursuant to SB 9 must be approved with a minimum floor area of 800 squarefeet. However, the ordinance to be drafted intends to apply existing development standards to the extent that they do not preclude the development of up to two (2) 800 square-foot units; thereby limiting a unit to more than 800 square-feet in floor area. The ordinance can also include incentives to allow units larger than the 800 square-foot minimum, for a total floor area of up to 1,000 or 1,200 square-feet if certain criteria is met. A 1,000 square-foot unit would be allowed if the proposed unit complies with existing setback and lot coverage requirements. A 1,200 squarefoot unit would be allowed if the unit complies with existing setback and lot coverage requirements, and also provides a code-compliant two-car garage. These incentives would allow SB 9 projects to be consistent with existing residential development standards and the two-car garage would reduce impacts to street parking.
Height
The law does not restrict cities from imposing height restrictions on SB 9 units. Staff’s intent is to draft an ordinance that limits SB 9 units to one-story in height. However, the ordinance can include ATTACHMENT 3 Page 408
SB 9 ordinance options Page 5
June 16, 2022, Planning Commission Meeting
a provision that allows two-story units if the unit complies with existing setback and lot coverage requirements, and also provides a code-compliant two-car garage. Under this scenario, the maximum unit floor area could be up to 1,200 square-feet. The two-car garage would reduce impacts to street parking and would be consistent with parking requirements for existing singlefamily residences. In addition, requiring that the unit be built over the garage, would reduce the building footprint which may allow for more open space than a one-story unit would.
Parking/Driveways
SB 9 requires that a maximum of one (1) parking space be required for each new unit, unless the property is located within one-half mile of a high-quality transit corridor or a major transit stop. For projects that would be exempt from providing on-site parking, the ordinance could be written to not allow driveways. This could serve as a mechanism to persuade applicants to provide on-site parking for SB 9 projects. Conversely, if driveways are not allowed for parking-exempt projects, it could potentially impact existing neighborhoods by forcing residents to park on the street. While this option could lead to the provision of on-site parking, it could also lead to more vehicles parking on the street.
As previously mentioned, cities cannot control the number of units developed pursuant to SB 9 nor can cities deny a unit with at least 800 square-feet in floor area and four-foot (4’) side and rear yard setbacks. However, the above mentioned options could assist in reducing impacts SB 9 projects could have on existing single-family residential neighborhoods. Until the ordinance is drafted and approved, applicants can request subdivisions and/or two-unit residential developments as long as their requests comply with the minimum State criteria, which means units can be larger than 800 square-feet. Since both the subdivisions and two-unit developments would be allowed ministerially, they would both be exempt from California Environmental Quality Act (CEQA) review.
ENVIRONMENTAL REVIEW
An ordinance adopted, or in this case, the request to initiate the MCTA pursuant to SB 9 does not count as a project for CEQA purposes, and is therefore not subject to CEQA review.
Respectfully submitted,
Luis Torrico
Planning Manager
Attachment
1. Senate Bill 9 Law
ATTACHMENT 3 Page 409
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of May 23, 2023
From: Chris Constantin, City Manager
Prepared by: Kenneth Fichtelman, Associate Planner
Subject: Municipal Code Text Amendment 21-0005; Consideration of a Municipal Code Text Amendment to amend Chapter 10.24 of the Vehicles and Traffic Code, Parking, and Chapter 18.156 of the Zoning Code, Vehicle Parking and Storage. ____________________________________________________________________________
SUMMARY
Sections 10.24 of the Vehicles and Traffic Code, Parking, and 18.156 of the Zoning Code, Parking, both deal with the parking of motor vehicles, on city streets and private property, including recreational vehicles.
Based on concerns from residents, Staff has looked into revising the parking requirements for recreational vehicles, specifically with respect to the amount of time that a recreational vehicle can be parked on a driveway or on city streets.
On November 23, 2021, the City Council initiated a Municipal Code Text Amendment to amend Chapters 10.24 and 18.156 of the San Dimas Municipal Code with an emphasis on reducing the number of days that an RV may be parked overnight within the public right-ofway.
On April 6, 2023, the Planning Commission heard the item and voted 5-0 to adopt Resolution PC-1663, recommending approval of Municipal Code Text Amendment 21-0005 to the City Council.
RECOMMENDATION
Staff and the Planning Commission recommend that the City Council • Introduce Ordinance 1300 approving Municipal Code Text Amendment 21-0005, amending Chapter 10.24 of the Vehicles and Traffic Code, Parking, and Chapter 18.156 of the Zoning Code, Vehicle Parking and Storage with respect to recreational vehicle parking on city streets or driveways.
Municipal Code Text Amendment 21-0005 Page 2
For the Meeting of May 23, 2023
FISCAL IMPACT
There is no fiscal impact for the recommended action.
BACKGROUND
The City of San Dimas first regulated RV storage in 1973 with the adoption of Ordinance No. 412.
This ordinance regulated that RVs must be parked in an interior side yard behind the front of the residence, must be parked on concrete, and must not block access to a required garage. The ordinance also provided that all new residential projects must include permanent access to a 10’ by 25’ paved storage space for RVs, trailers, boats or similar vehicles.
This original RV storage ordinance remained as is until 2009, when the frequency of resident complaints regarding RVs parked in front yards caused the ordinance to be revisited and amended. At this time, minor changes were made to the RV ordinance to provide greater clarity for staff and residents while elements of the zoning code which dealt with RV parking were consolidated into a single chapter of the zoning code.
The City continues to receive complaints regarding RV storage in both the front yard and the public right-of-way. Due to the continued complaints, residents expressed a desire to revisit the RV ordinance with respect to the amount of time that an RV can be stored in the public right-ofway and the availability of RV parking permits. Therefore, on November 23, 2021, the City Council approved an initiation of Municipal Code Text Amendment to amend Chapters 10.24 and 18.156 of the San Dimas Municipal Code with an emphasis on reducing the number of days that an RV may be parked overnight within the public right-of-way (Attachment 3).
On April 6, 2023, the Planning Commission heard the item and voted 5-0 to adopt Resolution 1663, recommending approval of Municipal Code Text Amendment 21-0005 to the City Council (Attachment 2).
DISCUSSION/ANALYSIS
The San Dimas Municipal Code (SDMC) allows an RV to be stored long-term on residential properties by parking the RV within the rear yard or RV side yard of a single-family residence. In these cases, the RV yard shall be behind the main building line of the residence and must have a 3.5-inch thick concrete slab for the RV to park on (See Figure 1 below). A resident may also park an RV temporarily at their property by obtaining a temporary RV parking permit, free of charge, which allows a resident to park an RV on their driveway for up to two (2) days for loading and unloading purposes. These temporary parking permits cannot be obtained for consecutive periods. A resident can also obtain a permit to park an RV, temporarily, within the public right-ofway. These permits cost $2, allow for a resident to park an RV for up to three (3) days on a public street, and cannot be obtained for consecutive periods.
Municipal Code Text Amendment 21-0005 Page 3
For the Meeting of May 23, 2023
Combined, the two (2) permits available to RV owners create a situation where an RV can be kept in the front of a house long-term by combining the two (2) types of permits. A resident can park an RV in the driveway for two (2) days, move the RV to the public right-of-way for one (1) day and then move the RV back to the driveway for two (2) more days. This sequence can be repeatedly endlessly, essentially allowing for the permitted storage of an RV in front of a residence.
Staff is proposing to combine the two (2) recreational vehicle parking permits, creating a single Recreational Vehicle Overnight parking permit that would allow for up to 72 hours of temporary parking. This parking could be in the driveway, in the public right-of-way or a combination of the two. Residents would be restricted to a maximum total of twelve (12) 24-hour permit periods in any given month, and concurrent permits, either for the residence or the RV, would not be permitted. Staff believes this will give RV owners an adequate number of days per month to load and unload an RV for use, while eliminating the possibility of RVs being stored on driveways or on streets for long periods of time. The proposed code text would also eliminate the possibility of using a neighbor’s address to obtain a permit for consecutive periods, as the permits will be tied to both the residence and the RV.
In addition to amending the recreational vehicle parking permit, Staff has also rewritten the code sections regarding temporary overnight parking permits and annual overnight parking permits to ensure that all three (3) types of permits found within Chapter 10.24, Temporary Overnight Parking Permit, Annual Overnight Parking Permit and Recreational Vehicle Parking Permit, share a common structure, making them easier for both residents and Staff to understand. The permitting process has not been drastically changed and has the same general requirements as the previous permits. Staff has also completed a minor cleanup of Chapter 18.156 to ensure it complies with the updated permit types and timeframes, and to clarify some ambiguous language.
All the proposed changes Chapters 10.24 and 18.156 are included as Exhibit A to Attachment 1.
Figure 1. Diagrams showing RV parking areas on typical lots.
Municipal Code Text Amendment 21-0005 Page 4
For the Meeting of May 23, 2023
Lastly, due to the amount and type of changes Staff has made to Chapter 10.24, the original code section is attached as Attachment 4 to this report for reference.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Kenneth Fichtelman
Associate Planner
Attachments:
1. Ordinance 1300
2. Planning Commission Staff Report and Resolution PC-1663, April 6, 2023
3. City Council Staff Report, November 23, 2021
4. San Dimas Municipal Code, Section 10.24
ORDINANCE 1300
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, APPROVING MUNICIPAL CODE TEXT AMENDMENT 21-0005, AMENDING CHAPTER 10.24 OF THE VEHICLES AND TRAFFIC CODE, PARKING, AND CHAPTER 18.156 OF THE ZONING CODE, VEHICLE PARKING AND STORAGE, OF THE SAN
DIMAS MUNICIPAL CODE WITH RESPECT TO RECREATIONAL VEHICLE PARKING AND STORAGE ON CITY STREETS AND DRIVEWAYS.
WHEREAS, the City of San Dimas initiated a Municipal Code Text Amendment to amend Chapter 10.24 of the Vehicles and Traffic Code, Parking, and Chapter 18.156 of the Zoning Code, Vehicle Parking and Storage at their meeting on November 23, 2021; and WHEREAS, the Amendment is described as an amendment to address the parking and storage of recreational vehicles on city streets and driveways; and WHEREAS, the Amendment could affect all parcels of the City zoned single-family and all city streets ; and
WHEREAS, on April 6, 2023, a duly noticed public hearing was held before the Planning Commission for the Proposed Project, at which the Planning Commission voted 5-0, to adopt Resolution PC-1663 recommending approval of Municipal Code Text Amendment 21-0005 to the City Council; and
WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on May 23, 2023 at the hour of 7:00 p.m., with all testimony received being made a part of the public record; and
WHEREAS, all requirements of the California Environmental Quality Act have been met for the consideration of whether the project will have a significant effect on the environment. It has been determined that his action is not a project under CEQA, as there will be no direct physical or reasonably foreseeable indirect physical change to the environment.
NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, California, does ordain as follows:
Title 18 of the San Dimas Municipal Code Shall be amended as provided for in Exhibit A.
SECTION 1. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdication, 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 section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
SECTION 2. CEQA DETERMINATION. The City Council hereby finds and determines that is can be seen with certainty that there is no possibility that this ordinance may have a significant Attachment 1 Page 415
Ordinance 1300 Page 2
MCTA 21-0005 Chapters 10.24 Vehicle and Traffic, Parking Code and 18.156 Zoning Code adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
SECTION 3. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within 15 days after passage and adoption as may be required by law in a newspaper of general circulation in the City of San Dimas hereby designated for that purpose; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within 15 days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 28th day of May 23, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1300 was introduced at a regular meeting of the City Council of the City of San Dimas on the 23rd day of May, 2023, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 13th, day of June, 2023.
___________________________
Debra Black, City Clerk
Ordinance 1300 Page 3
MCTA 21-0005 Chapters 10.24 Vehicle and Traffic, Parking Code and 18.156 Zoning Code Exhibit A
New text in blue underlined
Deleted text in red and struck
Existing text moved from other section in green
Chapter 10.24
PARKING
Sections:
10.24.010 Hours prohibited.
10.24.020 General Provisions All-night parking permit
10.24.025 Limitation on number of parking permits.
10.24.030 Limitation on number of parking permits. Permit- Application
10.24.040 Temporary overnight parking permit. Permit –Application-Fee
10.24.050 Annual overnight parking permit. Permit-Application-Investigation.
10.24.055 Permit—Disabled Persons.
10.24.060 Recreational vehicle overnight parking permit. Permit—Application—Fee.
10.24.060 Permit—Application—Appeal.
10.24.070 Permit—Public utility vehicles—Police, fire department personnel.
10.24.080 Permit—Voidable conditions.
10.24.090 Commercial vehicles—Time limit.
10.24.095 Parking prohibited on certain streets.
10.24.096 Blue Curb Law—Purpose.
10.24.097 Blue Curb Law—Definition and designation.
10.24.100 Removal of vehicles parked over seventy-two consecutive hours.
10.24.104 Designation of streets or highways on which stopping, standing or parking of motor vehicles is prohibited or restricted.
10.24.110 Restriction of parking on designated equestrian trails.
10.24.010 Hours prohibited.
No person shall stop, stand, or park any motor vehicle on any street, alley or municipal parking lot in the city between the hours of two a.m. and five a.m. of any day except as provided by Sections 10.24.010 through
10.24.080.
The public works department shall erect signs giving notice of such parking restrictions at each major entrance and municipal parking lot of the city. (Ord. 1013 § 1, 1994; Ord. 650 § 1, 1978; prior code § 32-2(a))
10.24.020 General Provisions All-night parking permit
A. No temporary coverings such as tarps or cloth screens are permitted on any vehicle parked on the street or driveway. Fitted covers are permitted and may be used as long as they are specifically designed for the vehicle. All fitted covers shall be properly maintained pursuant to the standards of the San Dimas Municipal Code, Chapter 8.14
Ordinance 1300 Page 4
MCTA 21-0005 Chapters 10.24 Vehicle and Traffic, Parking Code and 18.156 Zoning Code B. No commercial vehicle may be parked overnight on any city street or in a residential driveway.
10.24.025 030 Limitation on number of parking permits.
Notwithstanding any other provision of this chapter, on any public street having a width of twenty-six feet, curb to curb, or less, where parking is restricted to one side of the street, no more than one parking permit as provided by this chapter, shall be issued for any one residence on that street. However, if no on-site parking exists for a residence fronting on such street, then an additional parking permit may be issued. (Ord. 964 § 1, 1991)
10.24.040 Temporary All-overnight parking permit.
A. The prohibitions of Section 10.24.010 shall not apply to any motor vehicle which has attached thereto, in the location designated by the City of San Dimas chief of police, an all-night a temporary overnight parking permit validly issued in the manner described in this Sectionin Sections 10.24.010 through 10.24.080.
B. Notwithstanding any provision of this section, Sections 10.24.010 through 10.24.080, an all-night parking permit shall not be issued to any motor vehicle which exceeds any of the following size restrictions:
1. Length of twenty-three feet;
2. Height of fourteen feet;
3. Width of eight feet.
C. The restrictions set forth in subsection B of this section shall not apply to a vehicle owned or operated by a disabled person which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles.
D. The restrictions set forth in subsection B of this section shall not apply to RVs parked temporarily on the street (up to a maximum of three days) for loading and unloading purposes with a valid temporary overnight permit.
ED.The restrictions set forth in subsection B of this section shall not apply to moving vans parked temporarily on the street for no more than one three nights with a valid temporary permit. (Ord. 1141 § 1, 2004; Ord. 846 § 1, 1986; prior code § 32-2(b))
E. Temporary overnight parking permits shall be purchased online at the City of San Dimas website or at City Hall during regular business hours. The permit shall include the name and address of the applicant, the license plate number of the vehicle, the make, model and year of the vehicle, and any other information which the issuing body may deem necessary.
F. No permit shall be issued unless a permit fee is paid in an amount determined by the City Council.
G. Permits shall be automatically void if transferred to another person or vehicle without the written approval of the City of San Dimas. In the event that a permit is so voided, the permit fee shall not be refundable.
Applications for all-night parking permits shall be made to the chief of police, upon forms provided by him, which shall reflect the name and address of the applicant; the license number and motor vehicle number of the vehicle; the make, model and type of vehicle; the reasons for the permit request; and such other information as the chief of police may deem necessary. No fee need accompany applications by police or fire department offices or agencies of the employees thereof. (Prior code § 32-2(c))
10.24.025 Limitation on number of parking permits.
Notwithstanding any other provision of this chapter, on any public street having a width of twenty-six feet, curb to curb, or less, where parking is restricted to one side of the street, no more than one parking permit as
Ordinance 1300 Page 5
MCTA 21-0005 Chapters 10.24 Vehicle and Traffic, Parking Code and 18.156 Zoning Code provided by this chapter, shall be issued for any one residence on that street. However, if no on-site parking exists for a residence fronting on such street, then an additional parking permit may be issued. (Ord. 964 § 1, 1991)
10.24.040 Annual All-overnight parking permit.
A. The prohibitions of Section 10.24.010 shall not apply to any motor vehicle which has attached thereto, in the location designated by the City of San Dimas, an annual overnight parking permit validly issued in the manner described in this Section in Sections 10.24.010 through 10.24.080.
B. Notwithstanding any provision of this Section Sections 10.24.010 through 10.24.080, an annual overnight parking permit shall not be issued to any motor vehicle which exceeds any of the following size restrictions:
1. Length of twenty-three feet;
2. Height of fourteen feet;
3. Width of eight feet.
C. The restrictions set forth in subsection B of this section shall not apply to a vehicle owned or operated by a disabled person which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles.
D. The restrictions set forth in subsection B of this section shall not apply to RVs parked temporarily on the street (up to a maximum of three days) for loading and unloading purposes with a valid temporary overnight permit.
D. An annual overnight parking permit may be issued to any San Dimas resident, subject to the following conditions:
1. Permits may only be issued to passenger vehicles. Commercial vehicles and recreational vehicles are ineligible for an annual overnight parking permit.
2. The legal owner of the vehicle must reside at the address where the vehicle will be parked.
3. All garage and driveway spaces at an address must be utilized for parking by vehicles registered to said address before an annual overnight parking permit will be issued for that address.
E. Applications for an Annual Overnight Parking Permit.
1. Applications for an annual overnight parking permit shall be made upon forms provided by the City of San Dimas and shall include all information and materials prescribed by such form and any other such information which may be deemed necessary to complete the required review.
2. No application shall be accepted unless a permit fee is submitted therewith in an amount determined by the City Council. No fee need accompany applications by police or fire department offices, or agencies of the employees thereof, or those of public utilities under the jurisdiction of the State Public Utilities Commission.
3. Upon receipt of an application for a permit, together with the fee therefor, the chief of police City Staff shall conduct an investigation to determine whether such permit shall be issued. If, as a result of such investigation, City Staff determines that there is inadequate off-street parking at the applicant’s residence, for the parking of the vehicle described in the application, the chief of police City shall issue a permit. If the investigation discloses and the chief of police City Staff so finds that such off-street parking reasonably is available to the applicant, the permit shall be refused. The applicant shall be advised of the reasons for such denial, in writing, by the chief of police, by mail, addressed to the applicant at his/her last known address. If a permit is denied in this manner, the accompanying permit fee shall not be refunded to the applicant. (Prior code § 32-2(e)).
4. Any person aggrieved by the decision of the City Staff, after such investigation and denial based thereon, may file, in writing, a notice of appeal with the City Clerk Director of Community Development, who shall
Ordinance 1300 Page 6
MCTA 21-0005 Chapters 10.24 Vehicle and Traffic, Parking Code and 18.156 Zoning Code place the matter on the City Council’s agenda for review by the City Council and give the applicant written notice of the time and place of such review. The City Council Director of Community Development shall review the decision of City Staff and determine whether off-street parking reasonably is available to the applicant. If it is found that such parking reasonably is available to the applicant, the permit shall be denied.
The decision of the city council Director shall be final. (Prior code § 32-2(f)) F. Notwithstanding any other provisions of the San Dimas Municipal Code to the contrary, whenever an application for an annual overnight parking permit is filed, pursuant to the provisions of this chapter, by a disabled person, and for a motor vehicle which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles, then said annual overnight parking permit shall be issued without investigation or the requirement that there be any of the findings set forth in Section 10.24.030 of the San Dimas Municipal Code. Any application filed by a disabled person shall be exempt from the fees otherwise provided for in Section 10.24.030 of the San Dimas Municipal Code. (Ord. 583 § 1, 1977)
G. Permits shall automatically be void if transferred to another person or vehicle without the written approval of the City, or if any vehicle for which such permit has been issued is left parked or standing upon highway a city street for seventy-two or more consecutive hours. In the event that a permit is so voided, the permit fee shall not be refundable. (Ord. 388 § 1, 1973; prior code § 32-2(h))
10.24.050 Permit—Application—Fee. Recreational vehicle overnight parking permit A. The prohibitions of Section 10.24.010 shall not apply to any recreational vehicle which has attached thereto, in the location designated by the City of San Dimas, a recreational vehicle parking permit validly issued in the manner described below.
B. RVs, as described in Section 18.156.100(B)(2) of the San Dimas Municipal Code, may be parked temporarily on a private driveway in the front yard or on a public street for loading and unloading purposes with a valid recreational vehicle parking permit, subject to the following conditions:
1. Permits may be issued for 24 to 72- hour periods.
2. Permits may not be issued for consecutive periods to either a given address or a given recreational vehicle.
3. Permits shall only be issued to a residential property.
4. Permits shall not exceed a maximum of 12, 24-hour periods in any calendar month.
5. No more than one recreational vehicle parking permit shall be issued to a single property at any given time.
6. A tow vehicle must be attached to a non-motorized recreational vehicle at all times when parked on a public street.
7. A recreational vehicle parked on a public street must be parked in front of the property to which the permit was issued.
8. Permits are not valid unless displayed in the location designated by the City.
9. Permits may be denied or revoked at the discretion of the City.
C. Any recreational vehicle parking permit applies to the RV itself. Switching tow vehicles does not exempt a user from the above conditions and restrictions.
D. Recreational vehicle parking permits shall be purchased online at the City of San Dimas website or at City Hall during regular business hours, and the permit shall include the name and address of the applicant, the license plate number of the vehicle, the make and year of vehicle, and any other information which the issuing body may deem necessary.
E. No permit shall be issued unless a permit fee is submitted in an amount determined by the City Council.
Ordinance 1300 Page 7
MCTA 21-0005 Chapters 10.24 Vehicle and Traffic, Parking Code and 18.156 Zoning Code F. The restrictions set forth in subsection B of this section shall not apply to a vehicle owned or operated by a disabled person which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles.
G. Permits shall automatically be voided if transferred to another vehicle without the written approval of the City of San Dimas. In the event that a permit is so voided, the permit fee shall not be refundable.
No application shall be accepted unless a permit fee is submitted therewith in the amount of forty dollars, except for applications submitted after July 1st of any year shall be required to be accompanied by a permit fee of twenty dollars. If, for any reason, the application is denied, the accompanying permit fee shall not be refunded to the applicant. If a permit is issued as provided in this section, it may be renewed yearly upon the filing of an application thereof and the payment of the annual fee of twenty-four dollars. If, pursuant to Section
10.24.060, a permit is granted after an appeal to the city manager or designee, and the permit is for six months or less, the permit fee shall be twenty dollars. No fee shall accompany the applications by public utilities under the jurisdiction of the State Public Utilities Commission. (Ord. 1141 § 2, 2004; Ord. 812 § 1, 1984; Ord. 336 § 1, 1971; prior code § 32-2(d))
10.24.050 Permit—Application—Investigation.
Upon receipt of an application for a permit, together with the fee therefor, the chief of police shall conduct an investigation to determine whether such permit shall be issued. If, as a result of such investigation, the chief of police determines that there is inadequate off-street parking at the applicant’s residence, or reasonably available to the applicant within three hundred feet of such residence, for the parking of the vehicle described in the application, the chief of police shall issue a permit. If the investigation discloses and the chief of police so finds that such off-street parking reasonably is available to the applicant, the permit shall be refused. The applicant shall be advised of the reasons for such denial, in writing, by the chief of police, by registered mail, postage prepaid, addressed to the applicant at his last known address. (Prior code § 32-2(e))
10.24.055 Permit—Disabled persons.
Notwithstanding any other provisions of the San Dimas Municipal Code to the contrary, whenever an application for an all-night parking permit is filed, pursuant to the provisions of this chapter, by a disabled person, and for a motor vehicle which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles, then said all-night parking permit shall be issued without investigation or the requirement that there be any of the findings set forth in Section
10.24.050 of the San Dimas Municipal Code. Any application filed by a disabled person shall be exempt from the fees otherwise provided for in Section 10.24.040 of the San Dimas Municipal Code. (Ord. 583 § 1, 1977)
10.24.060 Permit—Application—Appeal.
Any person aggrieved by the decision of the chief of police, after such investigation and denial based thereon, may file, in writing, a notice of appeal with the city clerk, who shall place the matter on the city council’s agenda for review by the city council and give the applicant written notice of the time and place of such review. The city council shall review the decision of the chief of police and determine whether off-street parking reasonably is available to the applicant. If it is found that such parking reasonably is available to the applicant, the permit shall be denied. The decision of the city council shall be final. (Prior code § 32-2(f))
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MCTA 21-0005 Chapters 10.24 Vehicle and Traffic, Parking Code and 18.156 Zoning Code
10.24.070 Permit—Public utility vehicles—Police, fire department personnel.
In addition to the grounds set forth in Section 10.24.050, the chief of police may also issue a permit covering vehicles owned by public utilities subject to the jurisdiction of the State Public Utilities Commission, which vehicles are used for emergency, repair and similar work, and which are required to be maintained at various locations throughout the city. A permit may also be issued to employees of the police, fire or sheriff’s department who are required to be on duty during the period parking is prohibited by this section. Such permit shall be valid only at such times as such persons are actually on duty. (Prior code § 32-2(g))
10.24.080 Permit—Voidable conditions.
Permits shall automatically be void if transferred to another person or vehicle without the written approval of the chief of police, or if any vehicle for which such permit has been issued is left parked or standing upon highway for seventy-two or more consecutive hours. In the event that a permit is so voided, the permit fee shall not be refundable. (Ord. 388 § 1, 1973; prior code § 32-2(h))
10.24.090 Commercial vehicles—Time limit.
A. No person shall stop, stand or park any commercial motor vehicle in excess of six thousand pounds, or any commercial trailer, on any street or alley in the city for a consecutive period of time in excess of two hours.
B. The street superintendent shall erect signs giving notice of such parking restriction at each major entrance to the city.
C. This section shall not apply to any commercial motor vehicle or commercial trailer making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located in a residential district, or when such vehicle or trailer is parked in connection with and in aid of the performance of a service to property in that location, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any structure for which a building permit has previously been obtained, when time in addition to the two-hour period is necessary to complete such work.
D. For purposes of this section, a “commercial motor vehicle” is a motor vehicle used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, maintained primarily for the transportation of property, or used for commercial purposes at any time.
E. For purposes of this section, a “commercial trailer” is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle, and designed, used or maintained for the transportation of persons, property, or services for hire, compensation, or profit, or used for commercial purposes at any time. (Ord. 1268 § 2, 2019; Ord. 350 § 1, 1971; prior code § 32-2.1)
10.24.095 Parking prohibited on certain streets.
The city council may, by resolution, designate streets within the city on which parking is prohibited. (Ord. 818 § 1, 1985; Ord. 781 § 1, 1982; Ord. 651 § 1, 1978)
10.24.096 Blue Curb Law—Purpose.
The purpose of the “Blue Curb” ordinance is to provide handicapped people with reserved parking spaces.
The “Blue Curb” ordinance also makes provisions for enforcing these special parking privileges by allowing citation and/or tow-away of vehicles parked in the spaces without proper authorization.
10.24.097 Blue Curb Law—Definition and designation.
A. Uses of Blue Curb Spaces—Persons using “Blue Curb” parking spaces shall comply with the following:
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MCTA 21-0005 Chapters 10.24 Vehicle and Traffic, Parking Code and 18.156 Zoning Code
1. No person shall park or stand any vehicle in a disabled persons parking zone (Blue Curb) unless said vehicle bears a special license or displays a special placard issued under the provisions of Section 9105 or Section 22511.5 of the California Vehicle Code.
2. Blue Curb parking spaces shall be operative twenty-four hours a day, Sundays and holidays included.
3. Parking zones for the physically handicapped are subject to any temporary parking prohibitions established by the city.
B. On-Street Parking. The city engineer shall designate special “Blue Curb” parking spaces for the purpose of providing on-street parking for the exclusive use by physically handicapped persons.
C. Off-Street/Publicly-Owned Facilities. The city manager shall designate parking stalls or spaces in publicly owned, leased or controlled off-street parking facilities for exclusive use by handicapped persons.
D. Off-Street/Privately Financed Facilities. The city hereby declares that there are privately owned and operated parking facilities which may reserve parking stalls for exclusive use by physically handicapped persons.
E. Identification.
1. On-Street “Blue Curb” Spaces. Blue Curb spaces shall be indicated by blue paint on the curb edge of the paved portion of the street. For further identification, the International Symbol of Access may be painted on the Blue curb in white followed by the word “Only”. In addition, a sign not less than seventeen inches by twenty-two inches with lettering not less than one inch in height shall be posted stating:
a. “Unauthorized Vehicles not displaying distinguishing license plates or placards issued for physically handicapped persons will be issued citations.” or
b. “Unauthorized Vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons will be towed away at owner’s expense. Towed vehicles may be reclaimed at 101 West Bonita Avenue, San Dimas, California, or by telephoning 714-599-1261.” All signs shall be posted at a height of eighty inches from the ground.
2. Off-Street/Publicly-Owned Facilities. Designation of “Blue Curb” parking stalls in publicly financed off-street parking facilities shall be made by posting immediately adjacent to and visible from same, a sign consisting of the International Symbol of Access.
In addition, a sign not less than seventeen inches by twenty-two inches in size must be posted either at the entrance to the parking facility or immediately adjacent to and visible from the reserved stall(s), which states with lettering not less than one inch in height:
“Unauthorized vehicles not displaying distinguishing license plates or placards issued for physically handicapped persons will be issued citations.”
Or,
“Unauthorized vehicles not displaying distinguishing license plates or placards issued for physically handicapped persons will be towed away at owner’s expense. Towed vehicles may be reclaimed at 101 West Bonita Avenue, San Dimas, California, or by telephoning 714 599-1261.” NOTE: The operator of parking facility may then, and only after first contacting the local police or Sheriff’s Department, cause the removal of a violator’s automobile from the stall to the nearest public garage.
All signs shall be posted at a height of eighty inches from the ground.
Ordinance 1300 Page 10
MCTA 21-0005 Chapters 10.24 Vehicle and Traffic, Parking Code and 18.156 Zoning Code
3. Off-Street/Privately Financed Facilities. Designation of “Blue Curb” parking stalls in privately financed off-street parking facilities shall be made by posting immediately adjacent to, and visible from same, a sign consisting of the International Symbol of Access.
In addition, a sign not less than seventeen inches by twenty-two inches in size with lettering not less than one inch in height which states:
“Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons will be towed away at owner’s expense. Towed vehicles may be reclaimed at 101 West Bonita Avenue, San Dimas, California, or by telephoning 714 599-1261.”
10.24.097
This sign shall be posted at the entrance to the parking facility or immediately adjacent to, and visible from the reserved stall(s).
NOTE: The person in lawful possession of the parking facility may then and only after first contacting the local police or Sheriff’s Department, cause the removal of a violator’s automobile from the stall to the nearest public garage.
A sign must be posted at the entry to all off-street parking facilities to the effect that the facility is subject to public traffic regulations and control.
All signs shall be posted at a height of eighty inches from the ground. (Ord. 604 § 1, 1978)
10.24.100 Removal of vehicles parked over seventy-two consecutive hours.
A. The chief of police shall remove to a safe place every vehicle which has been parked or left standing upon a highway for seventy-two or more consecutive hours.
B. As used in this section, the words “safe place” include, but are not confined to, any garage, parking lot or open space owned by, maintained by or under the jurisdiction of the county, and every privately owned garage, the owner or proprietor of which will accept such vehicles. (Prior code § 32-3)
10.24.104 Designation of streets or highways on which stopping, standing or parking of motor vehicles is prohibited or restricted.
The city council may by resolution, pursuant to the authorization of Section 22507 of the California Vehicle Code, designate those streets or highways in the city on which the stopping, standing or parking of motor vehicles is prohibited or restricted. (Ord. 767 § 1, 1982)
10.24.110 Restriction of parking on designated equestrian trails.
When signs prohibiting parking are in place giving notice thereof, no person shall stop, stand or park any motor vehicle, or any trailer, or any designated equestrian trail within the city. (Ord. 901 § 1, 1989)
18.156.100 Vehicle storage in single-family residential zones.
A. Vehicle Storage. No person shall keep, store or otherwise permit any of the following on a lot or parcel of land zoned for residential use:
1. Any vehicle or component thereof used for commercial purposes in excess of ten thousand pounds gross vehicle weight;
Ordinance 1300 Page 11
Municipal Code Text Amendment 23-0001
2. More than one commercial vehicle or component thereof used for commercial purposes weighing less than ten thousand pounds gross vehicle weight;
3. Any vehicle or component thereof which is located between the public right-of-way and the dwelling unit, not located on either a paved driveway or a driveway surface approved by the director of development services.
B. Recreational Vehicle, Boat and Trailer Parking.
1. Purpose. The purpose of these regulations is to establish standards for the parking and storage of recreational vehicles, boats, truck camper, and trailers as an accessory use in residential zones in order to protect the integrity, value and character of residential neighborhoods along with public health and safety.
2. Definitions.
a. “Recreational vehicle or RV” means both motorized and non-motorized vehicles that combine transportation and temporary living quarters for travel, recreation or camping. Does not include mobile homes or off-road vehicles. Commercial motor vehicles and commercial trailers as defined in Section
10.24.090 are not considered recreational vehicles.
b. “Motorized recreational vehicle” means a motorhome built on a truck, or bus chassis or a van chassis. The following diagrams represent examples and are not meant to be a complete list of examples:
Motorhome Type A
Motorhome Type C
c. “Non-motorized recreational vehicle” means a towable recreational vehicle, combining transportation and temporary living quarters for travel, recreation or camping, that can be unhitched.
Examples include conventional travel trailer, fifth-wheel travel trailers, travel trailers with expandable ends, folding camping trailers, and sport utility trailers. Boats, horse trailers, utility trailers for storing recreational vehicles, equipment, and all-terrain vehicles (ATVs), motorcycles or personal watercraft stored on trailers utilized for recreational purposes are also considered as non-motorized recreational
Ordinance 1300 Page 12
Municipal Code Text Amendment 23-0001
vehicles. Pickup camper shells that have been removed from the vehicle and stored are considered nonmotorized recreational vehicles. The following diagrams represent examples and are not meant to be a complete list of examples:
Travel Trailer
Fifth-Wheel Travel Trailer
Travel Trailer with Expandable Ends
Folding Camping Trailer
Sport Utility Trailer (Toy Hauler)
Utility Trailer Enclosed
Ordinance 1300 Page 13
Municipal Code Text Amendment 23-0001
Utility Trailer Open
Utility Horse Trailer
Boat
Personal Watercraft Stored on
Trailer
All Terrain Vehicle (ATV) Stored on
Trailer
d. Exclusions—Van campers and truck campers are excluded from the recreational vehicle definition because they may be used for non-travel-recreation or -camping trips, such as commuting to work or school.
Motorhome Type B (Van Camper)
Ordinance 1300 Page 14
Municipal Code Text Amendment 23-0001
Truck Camper
e. “Park,” “parking,” “parked,” “stored” and “storage” mean on-site parking of recreational vehicles on residential property for a continuous period more than forty-eight twenty-four hours. f. “Front yard” means the required front yard setback and any area between the street and the main building line as shown in the diagrams below. For other unique lot configurations, the director of development services shall determine front yard.
3. Registered Owner. The registered owner of an RV stored on the property must either be the owner of the property or use the property as their primary residence. This subsection shall not apply to a single RV stored on the property as a result of visiting guest(s) for up to seventy-two hours and which is parked in an RV side or rear yard.
4. RV, Boat, Camping Trailer, and Utility Trailer Parking and Storage Standards. a. Accessory Use. Parking or storage may occur as accessory use to the primary residential use of the property and is only allowed on a lot with a habitable residence. b. Front Yards. No parking or storage may occur in the front yard. Temporary parking of an RV on a paved driveway in the front yard shall be allowed for up to 72 consecutive hours two three consecutive days for the purpose of loading, unloading or otherwise prepping and cleaning the RV, subject to a temporary recreational vehicle parking permit as described in Chapter 10.24.15 of the San Dimas Municipal Code, which is attached thereto in plain sight, in the location designated by the director of development services issuing body. Temporary parking of an RV shall not encroach onto the public sidewalk nor encroach into the public right-of-way.
c. Rear Yards. Parking or storage is permitted behind the main building line. d. Side Yards. Parking or storage is permitted behind the main building line. e. Parking Surface. Parking and storage shall be paved with Portland cement concrete at least three and one-half inches thick. Proper care shall be taken to prevent gasoline, motor oils, or other hazardous fluids from leaking onto the ground, draining or runoff into storm drain or water course. f. Temporary On-Street Parking. Overnight temporary parking of an RV on public streets is allowed subject to an all-night a recreational vehicle parking permit through as described in Chapter 10.24 of the San Dimas Municipal Code.
g. Temporary Coverings. No temporary coverings such as tarps or cloth screens are permitted. Fitted covers are permitted and may be used as long as they are specifically designed for the RV, boat, camping trailer or utility trailer. All temporary covers shall be properly maintained pursuant to the standards of San Dimas Municipal Code Chapter 8.14. (Ord. 1268 §§ 3,4, 2019; Ord. 1188 § 3, 2009; Ord. 1170 § 8, 2007; Ord. 996 § 5, 1993)
Ordinance
1300 Page 15
Municipal Code Text Amendment 23-0001
Ordinance
1300 Page 16
Municipal Code Text Amendment 23-0001
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 6, 2023
From: Henry Noh, Director of Community Development
Prepared by: Kenneth Fichtelman, Associate Planner
Subject: Municipal Code Text Amendment 21-0005; Consideration of a Municipal Code Text Amendment to amend Chapter 10.24 of the Vehicles and Traffic Code, Parking, and Chapter 18.156 of the Zoning Code, Vehicle Parking and Storage ____________________________________________________________________________
SUMMARY
Sections 10.24 of the Vehicles and Traffic Code, Parking, and 18.156 of the Zoning Code, Parking, both deal with the parking of motor vehicles, on city streets and private property, including recreational vehicles.
Based on concerns from residents and the Quality of Life Task Force, Staff has looked into revising the parking requirements for recreational vehicles, specifically with respect to the amount of time that a recreational vehicle can be parked on a driveway or on city streets.
On November 23, 2021, the City Council initiated a Municipal Code Text Amendment to amend Chapters 10.24 and 18.156 of the San Dimas Municipal Code with an emphasis on reducing the number of days that an RV may be parked overnight within the public right-of-way.
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution PC-1663 recommending approval of Municipal Code Text Amendment 21-0005 to the City Council, amending Chapter
10.24 of the Vehicles and Traffic Code, Parking, and Chapter 18.156 of the Zoning Code, Vehicle Parking and Storage.
Attachment 2 Page 431
Municipal Code Text Amendment 21-0005 Page 2
For the Meeting of April 6, 2023
FISCAL IMPACT
There is no fiscal impact for the recommended action.
BACKGROUND
The City of San Dimas first regulated RV storage in 1973 with the adoption of Ordinance No. 412.
This ordinance regulated that RVs must be parked in an interior side yard behind the front of the residence, must be parked on concrete, and must not block access to a required garage. The ordinance also provided that all new residential projects must include permanent access to a 10’ by 25’ paved storage space for RVs, trailers, boats or similar vehicles.
This original RV storage ordinance remained as is until 2009, when the frequency of resident complaints regarding RVs parked in front yards caused the ordinance to be revisited and amended. At this time, minor changes were made to the RV ordinance to provide greater clarity for staff and residents while elements of the zoning code which dealt with RV parking were consolidated into a single chapter of the zoning code.
The City continues to receive complaints regarding RV storage in both the front yard and the public right-of-way. Due to the continued complaints, during the October 13th meeting of the City’s Quality of Life Task Force, the Task Force expressed a desire to revisit the RV ordinance with respect to the amount of time that an RV can be stored in the public right-of-way and the availability of RV parking permits. Therefore, on November 23, 2021, the City Council approved an initiation of Municipal Code Text Amendment to amend Chapters 10.24 and 18.156 of the San Dimas Municipal Code with an emphasis on reducing the number of days that an RV may be parked overnight within the public right-of-way (Attachment 2).
DISCUSSION/ANALYSIS
The San Dimas Municipal Code (SDMC) allows an RV to be stored long-term on residential properties by parking the RV within the rear yard or RV side yard of a single-family residence. In these cases, the RV yard shall be behind the main building line of the residence and must have a 3.5-inch thick concrete slab for the RV to park on (See Figure 1 below). A resident may also park an RV temporarily at their property by obtaining a temporary RV parking permit, free of charge, which allows a resident to park an RV on their driveway for up to two (2) days for loading and unloading purposes. These temporary parking permits cannot be obtained for consecutive periods. A resident can also obtain a permit to park an RV, temporarily, within the public right-ofway. These permits cost $2, allow for a resident to park an RV for up to three (3) days on a public street, and cannot be obtained for consecutive periods.
Attachment 2 Page 432
Municipal Code Text Amendment 21-0005 Page 3
For the Meeting of April 6, 2023
Combined, the two (2) permits available to RV owners create a situation where an RV can be kept in the front of a house long-term by combining the two (2) types of permits. A resident can park an RV in the driveway for two (2) days, move the RV to the public right-of-way for one (1) day and then move the RV back to the driveway for two (2) more days. This sequence can be repeatedly endlessly, essentially allowing for the permitted storage of an RV in front of a residence.
Staff is proposing to combine the two (2) recreational vehicle parking permits, creating a single Recreational Vehicle Overnight parking permit that would allow for up to 72 hours of temporary parking. This parking could be in the driveway, in the public right-of-way or a combination of the two. Residents would be restricted to a maximum total of twelve (12) 24-hour permit periods in any given month, and concurrent permits, either for the residence or the RV, would not be permitted. Staff believes this will give RV owners an adequate number of days per month to load and unload an RV for use, while eliminating the possibility of RVs being stored on driveways or on streets for long periods of time. The proposed code text would also eliminate the possibility of using a neighbor’s address to obtain a permit for consecutive periods, as the permits will be tied to both the residence and the RV.
In addition to amending the recreational vehicle parking permit, Staff has also rewritten the code sections regarding temporary overnight parking permits and annual overnight parking permits to ensure that all three (3) types of permits found within Chapter 10.24, Temporary Overnight Parking Permit, Annual Overnight Parking Permit and Recreational Vehicle Parking Permit, share a common structure, making them easier for both residents and Staff to understand. The permitting process has not been drastically changed and has the same general requirements as the previous permits. Staff has also completed a minor cleanup of Chapter 18.156 to ensure it complies with the updated permit types and timeframes, and to clarify some ambiguous language.
All the proposed changes Chapters 10.24 and 18.156 are included as Exhibit A to Attachment 1.
Figure 1. Diagrams showing RV parking areas on typical lots.
Attachment 2 Page 433
Municipal Code Text Amendment 21-0005 Page 4
For the Meeting of April 6, 2023
Due to the amount and type of changes Staff has made to Chapter 10.24, the original code section is attached as Attachment 3 to this report for reference.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Kenneth Fichtelman
Associate Planner
Attachments:
1. Planning Commission Resolution PC-1663
2. City Council Staff Report, November 23, 2021
3. San Dimas Municipal Code Section 10.24 Parking
Attachment 2 Page 434
RESOLUTION PC-1663
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
DIMAS, COUNTY OF LOS ANGELES, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF MUNICIPAL CODE TEXT AMENDMENT 21-0005, AN
AMENDMENT TO CHAPTER 10.24 PARKING, AND CHAPTER 18.156 VEHICLE PARKING AND STORAGE, OF THE SAN DIMAS MUNICIPAL CODE.
WHEREAS, the San Dimas City Council initiated a Municipal Code Text Amendment to Chapter 10.24 and Chapter 18.156 of the San Dimas Municipal Code at their regular meeting on November 23, 2021; and
WHEREAS, the Amendment is described as an amendment to address issues with long term recreational vehicle parking in the driveway and public right-of-way; and WHEREAS, the Amendment would affect certain parcels of the City within all residential zones; and
WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on April 6, 2023 at the hour of 7:00 p.m., with all testimony received being made a part of the public record; and
WHEREAS, all requirements of the California Environmental Quality Act have been met for the consideration of whether the project will have a significant effect on the environment. It has been determined that his action is not a project under CEQA, as there will be no direct physical or reasonably foreseeable indirect physical change to the environment.
NOW, THEREFORE, in consideration of the evidence received at the hearing, and for the reasons discussed by the Commissioners at the hearing, the Planning Commission now finds as follows:
A. The proposed Municipal Code Text Amendment will not adversely affect adjoining property as to value, precedent or be detrimental to the area.
The San Dimas Municipal Code allows long-term storage of recreational vehicles in the side or year yard as long as the recreational vehicle is behind the main building line. It also allows RVs to be temporarily parked on a paved driveway in the front yard for up to two consecutive days for the purpose of loading and unloading. The proposed amendment further clarifies the temporary parking criteria to prevent recreational vehicles from being able to be parked for long periods in either residential driveways or in the public right-of-way, improving the streetscape for residents and visitors and improving residential neighborhoods in general. The changes would not adversely affect the value of residential properties and could lead to increased values.
Attachment 2 Page 435
RESOLUTION PC-1663 Page 2
B. The proposed Municipal Code Text Amendment will further the public health, safety and general welfare.
The proposed Municipal Code Text Amendment will further the general welfare of San Dimas by improving the visual streetscape of neighborhoods. In addition, decreasing the amount of time that recreational vehicles can be parked on driveways and on city streets will further the public safety by cutting down on visual obstructions for both drivers and pedestrians, leading to safer streets.
C. The proposed Municipal Code Text Amendment is consistent with the General Plan and applicable Zoning.
Policy HE 1.1 of the Housing Element seeks to “preserve the character, scale, quality, and natural and environmental setting of established residential neighborhoods.” Reducing the amount of time that recreational vehicles can be located on driveways and on city streets preserves the character, quality and setting of established residential neighborhoods. Policy HE 1.5 seeks to “enforce compliance with municipal codes…to maintain the quality of housing and residential neighborhoods.” The revised code sections clarify the municipal codes in regards to recreational vehicle and vehicle parking, making it easier for residents to understand the code and providing greater guidance to those enforcing San Dimas’ municipal codes. In addition, the proposed amendments will further the intent of the Code to not allow long-term storage of recreational vehicles on residential driveways and public streets.
NOW, THEREFORE, BE IT FURTHER RESOLVED, PURSUANT TO THE ABOVE FINDINGS, that the Planning Commission recommends to the City Council approval of Municipal Code Text Amendment 21-0005 as set forth in Attached Exhibit A.
PASSED, APPROVED and ADOPTED, the 6th day of April, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
David A. Bratt, Chairman
San Dimas Planning Commission
ATTEST:
_________________________________
Kimberly Neustice, Administrative Analyst
Attachment 2 Page 436
RESOLUTION PC-1663 Page 3
Exhibit A
New text in blue underlined
Deleted text in red and struck
Existing text moved from other section in green
Chapter 10.24
PARKING
Sections:
10.24.010 Hours prohibited.
10.24.020 All-night Parking Permit General Provisions
10.24.02530 Limitation on number of parking permits.
10.24.030 Permit Application
10.24.040 Permit-Application-Fee Temporary overnight parking permit.
10.24.050 Permit-Application-Investigation. Annual overnight parking permit.
10.24.055 Permit – Disabled persons.
10.24.060 Permit—Application Appeal. Recreational vehicle overnight parking permit.
10.24.070 Permit—Public utility vehicles—Police, fire department personnel.
10.24.080 Permit—Voidable conditions.
10.24.090 Commercial vehicles—Time limit.
10.24.095 Parking prohibited on certain streets.
10.24.096 Blue Curb Law—Purpose.
10.24.097 Blue Curb Law—Definition and designation.
10.24.100 Removal of vehicles parked over seventy-two consecutive hours.
10.24.104 Designation of streets or highways on which stopping, standing or parking of motor vehicles is prohibited or restricted.
10.24.110 Restriction of parking on designated equestrian trails.
10.24.010 Hours prohibited.
No person shall stop, stand, or park any motor vehicle on any street, alley or municipal parking lot in the city between the hours of two a.m. and five a.m. of any day except as provided by Sections 10.24.010 through
10.24.080.
The public works department shall erect signs giving notice of such parking restrictions at each major entrance and municipal parking lot of the city. (Ord. 1013 § 1, 1994; Ord. 650 § 1, 1978; prior code § 32-2(a))
10.24.020 All-night Parking Permit General Provisions
A. No temporary coverings such as tarps or cloth screens are permitted on any vehicle parked on the street or driveway. Fitted covers are permitted and may be used as long as they are specifically designed for the vehicle. All fitted covers shall be properly maintained pursuant to the standards of the San Dimas Municipal Code, Chapter 8.14
B. No commercial vehicle may be parked overnight on any city street or in a residential driveway.
Attachment 2 Page 437
RESOLUTION PC-1663 Page 4
A. The prohibitions of Section 10.24.010 shall not apply to any motor vehicle which has attached thereto, in the location designated by the chief of police, an all-night parking permit validly issued in the manner described in Sections 10.24.010 through 10.24.080.
B. Notwithstanding any provision of Sections 10.24.010 through 10.24.080, an all-night parking permit shall not be issued to any motor vehicle which exceeds any of the following size restrictions:
1. Length of twenty-three feet;
2. Height of fourteen feet;
3. Width of eight feet.
C. The restrictions set forth in subsection B of this section shall not apply to a vehicle owned or operated by a disabled person which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles.
D. The restrictions set forth in subsection B of this section shall not apply to RVs parked temporarily on the street (up to a maximum of three days) for loading and unloading purposes with a valid temporary overnight permit.
E. The restrictions set forth in subsection B of this section shall not apply to moving vans parked temporarily on the street for no more than one night with a valid temporary permit. (Ord. 1141 § 1, 2004; Ord. 846 § 1, 1986; prior code § 32-2(b))
10.24.02530 Limitation on number of parking permits.
Notwithstanding any other provision of this chapter, on any public street having a width of twenty-six feet, curb to curb, or less, where parking is restricted to one side of the street, no more than one parking permit as provided by this chapter, shall be issued for any one residence on that street. However, if no on-site parking exists for a residence fronting on such street, then an additional parking permit may be issued. (Ord. 964 § 1, 1991)
10.24.030 Permit Application Applications for all-night parking permits shall be made to the chief of police, upon forms provided by him, which shall reflect the name and address of the applicant; the license number and motor vehicle number of the vehicle; the make, model and type of vehicle; the reasons for the permit request; and such other information as the chief of police may deem necessary. No fee need accompany applications by police or fire department offices or agencies of the employees thereof. (Prior code § 32-2(c))
10.24.040 Permit – Application-Fee Temporary overnight parking permit.
A. The prohibitions of Section 10.24.010 shall not apply to any motor vehicle which has attached thereto, in the location designated by the City of San Dimas a temporary overnight parking permit validly issued in the manner described in this Section.
B. Notwithstanding any provision of this section, an all-night parking permit shall not be issued to any motor vehicle which exceeds any of the following size restrictions:
1. Length of twenty-three feet;
2. Height of fourteen feet;
3. Width of eight feet.
C. The restrictions set forth in subsection B of this section shall not apply to a vehicle owned or operated by a disabled person which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles.
Attachment 2 Page 438
RESOLUTION PC-1663 Page 5
D. The restrictions set forth in subsection B of this section shall not apply to moving vans parked temporarily on the street for no more than three nights with a valid temporary permit. (Ord. 1141 § 1, 2004; Ord. 846 § 1, 1986; prior code § 32-2(b))
E. The permit shall include the name and address of the applicant, the license plate number of the vehicle, the make, model and year of the vehicle, and any other information which the issuing body may deem necessary.
F. No permit shall be issued unless a permit fee is paid in an amount determined by the City Council.
G. Permits shall be automatically void if transferred to another person or vehicle without the written approval of the City of San Dimas. In the event that a permit is so voided, the permit fee shall not be refundable.
10.24.050 Permit – Application Investigation Annual overnight parking permit.
A. The prohibitions of Section 10.24.010 shall not apply to any motor vehicle which has attached thereto, in the location designated by the City of San Dimas, an annual overnight parking permit validly issued in the manner described in this Section.
B. Notwithstanding any provision of this Section, an annual overnight parking permit shall not be issued to any motor vehicle which exceeds any of the following size restrictions:
1. Length of twenty-three feet;
2. Height of fourteen feet;
3. Width of eight feet.
C. The restrictions set forth in subsection B of this section shall not apply to a vehicle owned or operated by a disabled person which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles.
Attachment 2 Page 439
RESOLUTION PC-1663 Page 6
D. An annual overnight parking permit may be issued to any San Dimas resident, subject to the following conditions:
1. Permits may only be issued to passenger vehicles. Commercial vehicles and recreational vehicles are ineligible for an annual overnight parking permit.
2. The legal owner of the vehicle must reside at the address where the vehicle will be parked.
3. All garage and driveway spaces at an address must be utilized for parking by vehicles registered to said address before an annual overnight parking permit will be issued for that address.
E. Applications for an Annual Overnight Parking Permit.
1. Applications for an annual overnight parking permit shall be made upon forms provided by the City of San Dimas and shall include all information and materials prescribed by such form and any other such information which may be deemed necessary to complete the required review.
2. No application shall be accepted unless a permit fee is submitted therewith in an amount determined by the City Council. No fee need accompany applications by police or fire department offices, or agencies of the employees thereof, or those of public utilities under the jurisdiction of the State Public Utilities Commission.
3. Upon receipt of an application for a permit, together with the fee therefor, City Staff shall conduct an investigation to determine whether such permit shall be issued. If, as a result of such investigation, City Staff determines that there is inadequate off-street parking at the applicant’s residence, for the parking of the vehicle described in the application, the City shall issue a permit. If the investigation discloses and City Staff so finds that such off-street parking reasonably is available to the applicant, the permit shall be refused. The applicant shall be advised of the reasons for such denial, in writing, by mail, addressed to the applicant at his/her last known address. If a permit is denied in this manner, the accompanying permit fee shall not be refunded to the applicant. (Prior code § 32-2(e)).
4. Any person aggrieved by the decision of the City Staff, after such investigation and denial based thereon, may file, in writing, a notice of appeal with the Director of Community Development. The Director of Community Development shall review the decision of City Staff and determine whether off-street parking reasonably is available to the applicant. If it is found that such parking reasonably is available to the applicant, the permit shall be denied. The decision of the Director shall be final. (Prior code § 32-2(f)) F. Notwithstanding any other provisions of the San Dimas Municipal Code to the contrary, whenever an application for an annual overnight parking permit is filed, pursuant to the provisions of this chapter, by a disabled person, and for a motor vehicle which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles, then said annual overnight parking permit shall be issued without investigation or the requirement that there be any of the findings set forth in Section 10.24.030 of the San Dimas Municipal Code. Any application filed by a disabled person shall be exempt from the fees otherwise provided for in Section 10.24.030 of the San Dimas Municipal Code. (Ord. 583 § 1, 1977)
G. Permits shall automatically be void if transferred to another person or vehicle without the written approval of the City, or if any vehicle for which such permit has been issued is left parked or standing upon a city street for seventy-two or more consecutive hours. In the event that a permit is so voided, the permit fee shall not be refundable. (Ord. 388 § 1, 1973; prior code § 32-2(h)) Attachment 2 Page 440
Upon receipt of an application for a permit, together with the fee therefor, the chief of police shall conduct an investigation to determine whether such permit shall be issued. If, as a result of such investigation, the chief of police determines that there is inadequate off-street parking at the applicant’s residence, or reasonably available to the applicant within three hundred feet of such residence, for the parking of the vehicle described in the application, the chief of police shall issue a permit. If the investigation discloses and the chief of police so finds that such off-street parking reasonably is available to the applicant, the permit shall be refused. The applicant shall be advised of the reasons for such denial, in writing, by the chief of police, by registered mail, postage prepaid, addressed to the applicant at his last known address. (Prior code § 32-2(e))
10.24.055 Permit—Disabled persons.
Notwithstanding any other provisions of the San Dimas Municipal Code to the contrary, whenever an application for an all-night parking permit is filed, pursuant to the provisions of this chapter, by a disabled person, and for a motor vehicle which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles, then said all-night parking permit shall be issued without investigation or the requirement that there be any of the findings set forth in Section
10.24.050 of the San Dimas Municipal Code. Any application filed by a disabled person shall be exempt from the fees otherwise provided for in Section 10.24.040 of the San Dimas Municipal Code. (Ord. 583 § 1, 1977)
10.24.060 Permit—Application Appeal. Recreational vehicle overnight parking permit A. The prohibitions of Section 10.24.010 shall not apply to any recreational vehicle which has attached thereto, in the location designated by the City of San Dimas, a recreational vehicle parking permit validly issued in the manner described below.
B. RVs, as described in Section 18.156.100(B)(2) of the San Dimas Municipal Code, may be parked temporarily on a private driveway in the front yard or on a public street for loading and unloading purposes with a valid recreational vehicle parking permit, subject to the following conditions:
1. Permits may be issued for 24 to 72- hour periods.
2. Permits may not be issued for consecutive periods to either a given address or a given recreational vehicle.
3. Permits shall only be issued to a residential property.
4. Permits shall not exceed a maximum of twelve (12), 24-hour periods in any calendar month.
5. No more than one recreational vehicle parking permit shall be issued to a single property at any given time.
6. A tow vehicle must be attached to a non-motorized recreational vehicle at all times when parked on a public street.
7. A recreational vehicle parked on a public street must be parked in front of the property to which the permit was issued.
8. Permits are not valid unless displayed in the location designated by the City.
9. Permits may be denied or revoked at the discretion of the City.
C. Any recreational vehicle parking permit applies to the RV itself. Switching tow vehicles does not exempt a user from the above conditions and restrictions.
D. The permit shall include the name and address of the applicant, the license plate number of the vehicle, the make and year of vehicle, and any other information which the issuing body may deem necessary.
E. No permit shall be issued unless a permit fee is submitted in an amount determined by the City Council.
Attachment 2 Page 441
F. The restrictions set forth in subsection B of this section shall not apply to a vehicle owned or operated by a disabled person which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles
G. Permits shall automatically be voided if transferred to another vehicle without the written approval of the City of San Dimas. In the event that a permit is so voided, the permit fee shall not be refundable.
Any person aggrieved by the decision of the chief of police, after such investigation and denial based thereon, may file, in writing, a notice of appeal with the city clerk, who shall place the matter on the city council’s agenda for review by the city council and give the applicant written notice of the time and place of such review. The city council shall review the decision of the chief of police and determine whether off-street parking reasonably is available to the applicant. If it is found that such parking reasonably is available to the applicant, the permit shall be denied. The decision of the city council shall be final. (Prior code § 32-2(f))
10.24.070 Permit—Public utility vehicles—Police, fire department personnel.
In addition to the grounds set forth in Section 10.24.050, the chief of police may also issue a permit covering vehicles owned by public utilities subject to the jurisdiction of the State Public Utilities Commission, which vehicles are used for emergency, repair and similar work, and which are required to be maintained at various locations throughout the city. A permit may also be issued to employees of the police, fire or sheriff’s department who are required to be on duty during the period parking is prohibited by this section. Such permit shall be valid only at such times as such persons are actually on duty. (Prior code § 32-2(g))
10.24.080 Permit—Voidable conditions.
Permits shall automatically be void if transferred to another person or vehicle without the written approval of the chief of police, or if any vehicle for which such permit has been issued is left parked or standing upon highway for seventy-two or more consecutive hours. In the event that a permit is so voided, the permit fee shall not be refundable. (Ord. 388 § 1, 1973; prior code § 32-2(h))
10.24.090 Commercial vehicles—Time limit.
A. No person shall stop, stand or park any commercial motor vehicle in excess of six thousand pounds, or any commercial trailer, on any street or alley in the city for a consecutive period of time in excess of two hours.
B. The street superintendent shall erect signs giving notice of such parking restriction at each major entrance to the city.
C. This section shall not apply to any commercial motor vehicle or commercial trailer making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located in a residential district, or when such vehicle or trailer is parked in connection with and in aid of the performance of a service to property in that location, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any structure for which a building permit has previously been obtained, when time in addition to the two-hour period is necessary to complete such work.
D. For purposes of this section, a “commercial motor vehicle” is a motor vehicle used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, maintained primarily for the transportation of property, or used for commercial purposes at any time.
E. For purposes of this section, a “commercial trailer” is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle, and designed, used or maintained for Attachment 2 Page 442
the transportation of persons, property, or services for hire, compensation, or profit, or used for commercial purposes at any time. (Ord. 1268 § 2, 2019; Ord. 350 § 1, 1971; prior code § 32-2.1)
10.24.095 Parking prohibited on certain streets.
The city council may, by resolution, designate streets within the city on which parking is prohibited. (Ord. 818 § 1, 1985; Ord. 781 § 1, 1982; Ord. 651 § 1, 1978)
10.24.096 Blue Curb Law—Purpose.
The purpose of the “Blue Curb” ordinance is to provide handicapped people with reserved parking spaces.
The “Blue Curb” ordinance also makes provisions for enforcing these special parking privileges by allowing citation and/or tow-away of vehicles parked in the spaces without proper authorization.
10.24.097 Blue Curb Law—Definition and designation.
A. Uses of Blue Curb Spaces—Persons using “Blue Curb” parking spaces shall comply with the following:
1. No person shall park or stand any vehicle in a disabled persons parking zone (Blue Curb) unless said vehicle bears a special license or displays a special placard issued under the provisions of Section 9105 or Section 22511.5 of the California Vehicle Code.
2. Blue Curb parking spaces shall be operative twenty-four hours a day, Sundays and holidays included.
3. Parking zones for the physically handicapped are subject to any temporary parking prohibitions established by the city.
B. On-Street Parking. The city engineer shall designate special “Blue Curb” parking spaces for the purpose of providing on-street parking for the exclusive use by physically handicapped persons.
C. Off-Street/Publicly-Owned Facilities. The city manager shall designate parking stalls or spaces in publicly owned, leased or controlled off-street parking facilities for exclusive use by handicapped persons.
D. Off-Street/Privately Financed Facilities. The city hereby declares that there are privately owned and operated parking facilities which may reserve parking stalls for exclusive use by physically handicapped persons.
E. Identification.
1. On-Street “Blue Curb” Spaces. Blue Curb spaces shall be indicated by blue paint on the curb edge of the paved portion of the street. For further identification, the International Symbol of Access may be painted on the Blue curb in white followed by the word “Only”. In addition, a sign not less than seventeen inches by twenty-two inches with lettering not less than one inch in height shall be posted stating:
a. “Unauthorized Vehicles not displaying distinguishing license plates or placards issued for physically handicapped persons will be issued citations.” or
b. “Unauthorized Vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons will be towed away at owner’s expense. Towed vehicles may be reclaimed at 101 West Bonita Avenue, San Dimas, California, or by telephoning 714-599-1261.” Attachment 2 Page 443
All signs shall be posted at a height of eighty inches from the ground.
2. Off-Street/Publicly-Owned Facilities. Designation of “Blue Curb” parking stalls in publicly financed off-street parking facilities shall be made by posting immediately adjacent to and visible from same, a sign consisting of the International Symbol of Access.
In addition, a sign not less than seventeen inches by twenty-two inches in size must be posted either at the entrance to the parking facility or immediately adjacent to and visible from the reserved stall(s), which states with lettering not less than one inch in height:
“Unauthorized vehicles not displaying distinguishing license plates or placards issued for physically handicapped persons will be issued citations.”
Or,
“Unauthorized vehicles not displaying distinguishing license plates or placards issued for physically handicapped persons will be towed away at owner’s expense. Towed vehicles may be reclaimed at 101 West Bonita Avenue, San Dimas, California, or by telephoning 714 599-1261.” NOTE: The operator of parking facility may then, and only after first contacting the local police or Sheriff’s Department, cause the removal of a violator’s automobile from the stall to the nearest public garage.
All signs shall be posted at a height of eighty inches from the ground.
3. Off-Street/Privately Financed Facilities. Designation of “Blue Curb” parking stalls in privately financed off-street parking facilities shall be made by posting immediately adjacent to, and visible from same, a sign consisting of the International Symbol of Access.
In addition, a sign not less than seventeen inches by twenty-two inches in size with lettering not less than one inch in height which states:
“Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons will be towed away at owner’s expense. Towed vehicles may be reclaimed at 101 West Bonita Avenue, San Dimas, California, or by telephoning 714 599-1261.”
10.24.097
This sign shall be posted at the entrance to the parking facility or immediately adjacent to, and visible from the reserved stall(s).
NOTE: The person in lawful possession of the parking facility may then and only after first contacting the local police or Sheriff’s Department, cause the removal of a violator’s automobile from the stall to the nearest public garage.
A sign must be posted at the entry to all off-street parking facilities to the effect that the facility is subject to public traffic regulations and control.
All signs shall be posted at a height of eighty inches from the ground. (Ord. 604 § 1, 1978)
10.24.100 Removal of vehicles parked over seventy-two consecutive hours.
A. The chief of police shall remove to a safe place every vehicle which has been parked or left standing upon a highway for seventy-two or more consecutive hours.
B. As used in this section, the words “safe place” include, but are not confined to, any garage, parking lot or open space owned by, maintained by or under the jurisdiction of the county, and every privately owned garage, the owner or proprietor of which will accept such vehicles. (Prior code § 32-3) Attachment 2 Page 444
10.24.104 Designation of streets or highways on which stopping, standing or parking of motor vehicles is prohibited or restricted.
The city council may by resolution, pursuant to the authorization of Section 22507 of the California Vehicle Code, designate those streets or highways in the city on which the stopping, standing or parking of motor vehicles is prohibited or restricted. (Ord. 767 § 1, 1982)
10.24.110 Restriction of parking on designated equestrian trails.
When signs prohibiting parking are in place giving notice thereof, no person shall stop, stand or park any motor vehicle, or any trailer, or any designated equestrian trail within the city. (Ord. 901 § 1, 1989)
18.156.100 Vehicle storage in single-family residential zones.
A. Vehicle Storage. No person shall keep, store or otherwise permit any of the following on a lot or parcel of land zoned for residential use:
1. Any vehicle or component thereof used for commercial purposes in excess of ten thousand pounds gross vehicle weight;
2. More than one commercial vehicle or component thereof used for commercial purposes weighing less than ten thousand pounds gross vehicle weight;
3. Any vehicle or component thereof which is located between the public right-of-way and the dwelling unit, not located on either a paved driveway or a driveway surface approved by the director of development services.
B. Recreational Vehicle, Boat and Trailer Parking.
1. Purpose. The purpose of these regulations is to establish standards for the parking and storage of recreational vehicles, boats, truck camper, and trailers as an accessory use in residential zones in order to protect the integrity, value and character of residential neighborhoods along with public health and safety.
2. Definitions.
a. “Recreational vehicle or RV” means both motorized and non-motorized vehicles that combine transportation and temporary living quarters for travel, recreation or camping. Does not include mobile homes or off-road vehicles. Commercial motor vehicles and commercial trailers as defined in Section 10.24.090 are not considered recreational vehicles. b. “Motorized recreational vehicle” means a motorhome built on a truck, or bus chassis or a van chassis. The following diagrams represent examples and are not meant to be a complete list of examples:
Attachment 2 Page 445
RESOLUTION PC-1659 Page 13
Motorhome Type A
Motorhome Type C
c. “Non-motorized recreational vehicle” means a towable recreational vehicle, combining transportation and temporary living quarters for travel, recreation or camping, that can be unhitched. Examples include conventional travel trailer, fifth-wheel travel trailers, travel trailers with expandable ends, folding camping trailers, and sport utility trailers. Boats, horse trailers, utility trailers for storing recreational vehicles, equipment, and all-terrain vehicles (ATVs), motorcycles or personal watercraft stored on trailers utilized for recreational purposes are also considered as non-motorized recreational vehicles. Pickup camper shells that have been removed from the vehicle and stored are considered non-motorized recreational vehicles. The following diagrams represent examples and are not meant to be a complete list of examples:
Travel Trailer
Fifth-Wheel Travel Trailer
Travel Trailer with Expandable
Ends
Attachment 2 Page 446
RESOLUTION PC-1659 Page 14
Folding Camping Trailer
Sport Utility Trailer (Toy
Hauler)
Utility Trailer Enclosed
Utility Trailer Open
Utility Horse Trailer
Boat
Personal Watercraft Stored on
Trailer
All Terrain Vehicle (ATV)
Stored on Trailer
Attachment 2 Page 447
RESOLUTION PC-1659 Page 15
d. Exclusions—Van campers and truck campers are excluded from the recreational vehicle definition because they may be used for non-travel-recreation or -camping trips, such as commuting to work or school.
Motorhome Type B (Van
Camper)
Truck Camper
e. “Park,” “parking,” “parked,” “stored” and “storage” mean on-site parking of recreational vehicles on residential property for any continuous period more than forty-eight hours. f. “Front yard” means the required front yard setback and any area between the street and the main building line as shown in the diagrams below. For other unique lot configurations, the director of development services shall determine front yard.
3. Registered Owner. The registered owner of an RV stored on the property must either be the owner of the property or use the property as their primary residence. This subsection shall not apply to a single RV stored on the property as a result of visiting guest(s) for up to seventy-two hours and which is parked in an RV side or rear yard.
4. RV, Boat, Camping Trailer, and Utility Trailer Parking and Storage Standards. a. Accessory Use. Parking or storage may occur as accessory use to the primary residential use of the property and is only allowed on a lot with a habitable residence. b. Front Yards. No parking or storage may occur in the front yard. Temporary parking of an RV on a paved driveway in the front yard shall be allowed for up to 72 consecutive hours two three consecutive days for the purpose of loading, unloading or otherwise prepping and cleaning the RV, subject to a temporary recreational vehicle parking permit as described in Chapter
10.24.15 of the San Dimas Municipal Code, which is attached thereto in plain sight, in the location designated by the director of development servicesissuing body. Temporary parking of an RV shall not encroach onto the public sidewalk nor encroach into the public right-of-way. c. Rear Yards. Parking or storage is permitted behind the main building line Attachment 2 Page 448
RESOLUTION PC-1659 Page 16
d. Side Yards. Parking or storage is permitted behind the main building line. e. Parking Surface. Parking and storage shall be paved with Portland cement concrete at least three and one-half inches thick. Proper care shall be taken to prevent gasoline, motor oils, or other hazardous fluids from leaking onto the ground, draining or runoff into storm drain or water course.
f. Temporary On-Street Parking. Overnight temporary parking of an RV on public streets is allowed subject to an all-night a recreational vehicle parking permit through as described in Chapter 10.24 of the San Dimas Municipal Code.
g. Temporary Coverings. No temporary coverings such as tarps or cloth screens are permitted.
Fitted covers are permitted and may be used as long as they are specifically designed for the RV, boat, camping trailer or utility trailer. All temporary covers shall be properly maintained pursuant to the standards of San Dimas Municipal Code Chapter 8.14. (Ord. 1268 §§ 3,4, 2019; Ord. 1188 § 3, 2009; Ord. 1170 § 8, 2007; Ord. 996 § 5, 1993)
Attachment 2 Page 449
RESOLUTION PC-1659 Page 17
Attachment 2 Page 450
RESOLUTION PC-1659 Page 18
Attachment 2 Page 451
RESOLUTION PC-1659 Page 19
Attachment 2 Page 452
RESOLUTION PC-1659 Page 20
Attachment 2 Page 453
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of November 23, 2021
From: Chris Constantin, City Manager
Prepared by: Ken Fichtelman, Associate Planner
Subject: Consideration to initiate a Municipal Code Text Amendment to amend Chapter
10.24 Vehicles and Traffic Code, Parking, and Chapter 18.156 Vehicle Parking and Storage, of the San Dimas Municipal Code
____________________________________________________________________________
RECOMMENDATION
Staff recommends that the City Council initiate a Municipal Code Text Amendment (MCTA) to amend Chapter 18.24 Vehicles and Traffic Code, Parking, and Chapter 18.156 Vehicle Parking and Storage of the San Dimas Municipal Code.
FISCAL IMPACT
No fiscal impact to the City. The proposed amendments would consider a fee increase for annual overnight parking, overnight RV parking, and parking violations.
SUMMARY
Due to concerns regarding the amount of time that Recreational Vehicles (RV) can be parked on the public right-of-way and feedback from the Quality of Life Task Force, Staff is requesting the City Council initiate a Municipal Code Text Amendment to amend two chapters of the San Dimas Municipal Code which pertain to RV parking. Staff is proposing that two (2) chapters, Chapter 18.24 Vehicles and Traffic Code, Parking, and Chapter 18.156 Vehicle Parking and Storage of the San Dimas Municipal Code, be amended with regards to the amount of time that an RV may be parked in the public right-of-way and the fees that San Dimas charges pertaining to overnight parking.
Attachment 3 Page 454
Consideration to initiate a Municipal Code Text Amendment Page 2 For the Meeting of November 23, 2021
BACKGROUND
The City of San Dimas first regulated RV storage in 1973 with the adoption of Ordinance No. 412.
This ordinance regulated that RVs must be parked in an interior side yard behind the front of the residence, must be parked on concrete, and must not block access to a required garage. The ordinance also provided that all new residential projects must include permanent access to a 10- foot by 25-foot paved storage space for RVs, trailers, boats or similar vehicles.
This original RV storage ordinance remained as is until 2009, when the frequency of resident complaints regarding RVs parked in front yards caused the ordinance to be revisited and amended. The 2009 amendment (Ordinance No. 1188) included minor revisions to the RV ordinance to provide greater clarity for Staff and residents, to allow for temporary RV parking in the front yard for up to two (2) consecutive days for the purpose of loading, unloading or otherwise prepping and cleaning the RV, subject to a temporary permit, and consolidated different sections of the Code pertaining to RV standards into a single chapter of the zoning code.
DISCUSSION/ANALYSIS
The 2009 amendments are still in effect and continue to allow residents to temporarily park RVs in the front yard for up to two (2) consecutive days for the purpose of loading, unloading or otherwise prepping and cleaning the RV. However, an on-going concern from community members that has not been addressed is the number of days that RVs can be parked in the public right-of-way. Therefore, at the October 13, 2021 Quality of Life Task Force meeting, the Task Force discussed concerns regarding the current RV ordinance. They raised concerns with people circumventing the intent of the Code to park their RVs in the public right-of-way for extended periods. Subsection D of Section 10.24.020 of the Code regulates RV parking in the public rightof-way:
Section 10.24.020 – All-night parking permit
A. The prohibitions of Section 10.24.010 shall not apply to any motor vehicle which has attached thereto, in the location designated by the chief of police, an allnight parking permit validly issued in the manner described in Sections
10.24.010 through 10.24.080.
B. Notwithstanding any provision of Sections 10.24.010 through 10.24.080, an all-night parking permit shall not be issued to any motor vehicle which exceeds any of the following size restrictions:
1. Length of twenty-three feet;
2. Height of fourteen feet;
3. Width of eight feet.
C. The restrictions set forth in subsection B of this section shall not apply to a vehicle owned or operated by a disabled person which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles.
D. The restrictions set forth in subsection B of this section shall not apply to RVs parked temporarily on the street (up to a maximum of three days) for loading and unloading purposes with a valid temporary overnight permit.
E. The restrictions set forth in subsection B of this section shall not apply to moving vans parked temporarily on the street for no more than one night with a valid temporary permit. (Ord. 1141 § 1, 2004; Ord. 846 § 1, 1986; prior code § 32- 2(b))
Attachment 3 Page 455
Consideration to initiate a Municipal Code Text Amendment Page 3 For the Meeting of November 23, 2021
As written, the Code allows RVs to be parked in the public right-of-way for up to three (3) consecutive days before having to move the RV out of the City limits for a 24-hour period, after which a permit for an additional three (3) days can be issued. Therefore, allowing RVs to be parked in the public right-of-way for up to 24 days a month. Options to address this concern, such as limiting the number of days per month, increasing fees, or allowing longer extended permits with a higher permit fee were discussed. They also discussed the possibility of increasing the RV parking permit fees from the current $2.00 per night.
As a result of the Task Force’s discussion and on-going community concerns with the RV ordinance, Staff is requesting the City Council to initiate a MCTA to amend two chapters of the San Dimas Municipal Code; Chapter 10.24 Vehicles and Traffic Code, Parking, and Chapter
18.156 Vehicle Parking and Storage. Staff will be specifically looking at limiting the number of days in a month in which an RV can be parked in the public right-of-way. Staff will also perform a fee survey to determine if the fees that the City of San Dimas charges for annual parking permits, overnight RV parking permits, and parking violations are comparable with the fees of nearby surrounding cities. In addition, Staff will review both chapters collectively to perform a cleanup of ambiguous language and any inconsistencies that may be currently present in the Code.
ENVIRONMENTAL REVIEW
The MCTA is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be determined with certainty that the MCTA will not have a significant effect on the environment.
Respectfully submitted,
Ken Fichtelman, Associate Planner
Attachment 3 Page 456
Quality Code Data 2/3/2022, Page 1
Chapter 10.24
PARKING
Sections:
10.24.010 Hours prohibited.
10.24.020 All-night parking permit.
10.24.025 Limitation on number of parking permits.
10.24.030 Permit—Application.
10.24.040 Permit—Application—Fee.
10.24.050 Permit—Application—Investigation.
10.24.055 Permit—Disabled Persons.
10.24.060 Permit—Application—Appeal.
10.24.070 Permit—Public utility vehicles—Police, fire department personnel.
10.24.080 Permit—Voidable conditions.
10.24.090 Commercial vehicles—Time limit.
10.24.095 Parking prohibited on certain streets.
10.24.096 Blue Curb Law—Purpose.
10.24.097 Blue Curb Law—Definition and designation.
10.24.100 Removal of vehicles parked over seventy-two consecutive hours.
10.24.104 Designation of streets or highways on which stopping, standing or parking of motor vehicles is prohibited or restricted.
10.24.110 Restriction of parking on designated equestrian trails.
10.24.010 Hours prohibited.
No person shall stop, stand, or park any motor vehicle on any street, alley or municipal parking lot in the city between the hours of two a.m. and five a.m. of any day except as provided by Sections 10.24.010 through
10.24.080.
The public works department shall erect signs giving notice of such parking restrictions at each major entrance and municipal parking lot of the city. (Ord. 1013 § 1, 1994; Ord. 650 § 1, 1978; prior code § 32-2(a))
10.24.020 All-night parking permit.
A. The prohibitions of Section 10.24.010 shall not apply to any motor vehicle which has attached thereto, in the location designated by the chief of police, an all-night parking permit validly issued in the manner described in Sections 10.24.010 through 10.24.080.
B. Notwithstanding any provision of Sections 10.24.010 through 10.24.080, an all-night parking permit shall not be issued to any motor vehicle which exceeds any of the following size restrictions:
1. Length of twenty-three feet;
2. Height of fourteen feet;
3. Width of eight feet.
C. The restrictions set forth in subsection B of this section shall not apply to a vehicle owned or operated by a disabled person which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles.
Attachment 4 Page 457
Quality Code Data 2/3/2022, Page 2
D. The restrictions set forth in subsection B of this section shall not apply to RVs parked temporarily on the street (up to a maximum of three days) for loading and unloading purposes with a valid temporary overnight permit.
E. The restrictions set forth in subsection B of this section shall not apply to moving vans parked temporarily on the street for no more than one night with a valid temporary permit. (Ord. 1141 § 1, 2004; Ord. 846 § 1, 1986; prior code § 32-2(b))
10.24.025 Limitation on number of parking permits.
Notwithstanding any other provision of this chapter, on any public street having a width of twenty-six feet, curb to curb, or less, where parking is restricted to one side of the street, no more than one parking permit as provided by this chapter, shall be issued for any one residence on that street. However, if no on-site parking exists for a residence fronting on such street, then an additional parking permit may be issued. (Ord. 964 § 1, 1991)
Attachment 4 Page 458
Quality Code Data 2/3/2022, Page 3
10.24.030 Permit—Application.
Applications for all-night parking permits shall be made to the chief of police, upon forms provided by him, which shall reflect the name and address of the applicant; the license number and motor vehicle number of the vehicle; the make, model and type of vehicle; the reasons for the permit request; and such other information as the chief of police may deem necessary. No fee need accompany applications by police or fire department offices or agencies of the employees thereof. (Prior code § 32-2(c))
10.24.040 Permit—Application—Fee.
No application shall be accepted unless a permit fee is submitted therewith in the amount of forty dollars, except for applications submitted after July 1st of any year shall be required to be accompanied by a permit fee of twenty dollars. If, for any reason, the application is denied, the accompanying permit fee shall not be refunded to the applicant. If a permit is issued as provided in this section, it may be renewed yearly upon the filing of an application thereof and the payment of the annual fee of twenty-four dollars. If, pursuant to Section
10.24.060, a permit is granted after an appeal to the city manager or designee, and the permit is for six months or less, the permit fee shall be twenty dollars. No fee shall accompany the applications by public utilities under the jurisdiction of the State Public Utilities Commission. (Ord. 1141 § 2, 2004; Ord. 812 § 1, 1984; Ord. 336 § 1, 1971; prior code § 32-2(d))
10.24.050 Permit—Application—Investigation.
Upon receipt of an application for a permit, together with the fee therefor, the chief of police shall conduct an investigation to determine whether such permit shall be issued. If, as a result of such investigation, the chief of police determines that there is inadequate off-street parking at the applicant’s residence, or reasonably available to the applicant within three hundred feet of such residence, for the parking of the vehicle described in the application, the chief of police shall issue a permit. If the investigation discloses and the chief of police so finds that such off-street parking reasonably is available to the applicant, the permit shall be refused. The applicant shall be advised of the reasons for such denial, in writing, by the chief of police, by registered mail, postage prepaid, addressed to the applicant at his last known address. (Prior code § 32-2(e))
10.24.055 Permit—Disabled persons.
Notwithstanding any other provisions of the San Dimas Municipal Code to the contrary, whenever an application for an all-night parking permit is filed, pursuant to the provisions of this chapter, by a disabled person, and for a motor vehicle which displays either the distinguishing license plate or other evidence of a disability as issued by the California Department of Motor Vehicles, then said all-night parking permit shall be issued without investigation or the requirement that there be any of the findings set forth in Section
10.24.050 of the San Dimas Municipal Code. Any application filed by a disabled person shall be exempt from the fees otherwise provided for in Section 10.24.040 of the San Dimas Municipal Code. (Ord. 583 § 1, 1977)
10.24.060 Permit—Application—Appeal.
Any person aggrieved by the decision of the chief of police, after such investigation and denial based thereon, may file, in writing, a notice of appeal with the city clerk, who shall place the matter on the city council’s agenda for review by the city council and give the applicant written notice of the time and place of such review. The city council shall review the decision of the chief of police and determine whether off-street parking reasonably is available to the applicant. If it is found that such parking reasonably is available to the applicant, the permit shall be denied. The decision of the city council shall be final. (Prior code § 32-2(f)) Attachment 4 Page 459
Quality Code Data 2/3/2022, Page 4
10.24.070 Permit—Public utility vehicles—Police, fire department personnel.
In addition to the grounds set forth in Section 10.24.050, the chief of police may also issue a permit covering vehicles owned by public utilities subject to the jurisdiction of the State Public Utilities Commission, which vehicles are used for emergency, repair and similar work, and which are required to be maintained at various locations throughout the city. A permit may also be issued to employees of the police, fire or sheriff’s department who are required to be on duty during the period parking is prohibited by this section. Such permit shall be valid only at such times as such persons are actually on duty. (Prior code § 32-2(g))
10.24.080 Permit—Voidable conditions.
Permits shall automatically be void if transferred to another person or vehicle without the written approval of the chief of police, or if any vehicle for which such permit has been issued is left parked or standing upon highway for seventy-two or more consecutive hours. In the event that a permit is so voided, the permit fee shall not be refundable. (Ord. 388 § 1, 1973; prior code § 32-2(h))
10.24.090 Commercial vehicles—Time limit.
A. No person shall stop, stand or park any commercial motor vehicle in excess of six thousand pounds, or any commercial trailer, on any street or alley in the city for a consecutive period of time in excess of two hours.
B. The street superintendent shall erect signs giving notice of such parking restriction at each major entrance to the city.
C. This section shall not apply to any commercial motor vehicle or commercial trailer making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located in a residential district, or when such vehicle or trailer is parked in connection with and in aid of the performance of a service to property in that location, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any structure for which a building permit has previously been obtained, when time in addition to the two-hour period is necessary to complete such work.
D. For purposes of this section, a “commercial motor vehicle” is a motor vehicle used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, maintained primarily for the transportation of property, or used for commercial purposes at any time.
E. For purposes of this section, a “commercial trailer” is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle, and designed, used or maintained for the transportation of persons, property, or services for hire, compensation, or profit, or used for commercial purposes at any time. (Ord. 1268 § 2, 2019; Ord. 350 § 1, 1971; prior code § 32-2.1)
10.24.095 Parking prohibited on certain streets.
The city council may, by resolution, designate streets within the city on which parking is prohibited. (Ord. 818 § 1, 1985; Ord. 781 § 1, 1982; Ord. 651 § 1, 1978)
10.24.096 Blue Curb Law—Purpose.
The purpose of the “Blue Curb” ordinance is to provide handicapped people with reserved parking spaces.
The “Blue Curb” ordinance also makes provisions for enforcing these special parking privileges by allowing citation and/or tow-away of vehicles parked in the spaces without proper authorization.
10.24.097 Blue Curb Law—Definition and designation.
A. Uses of Blue Curb Spaces—Persons using “Blue Curb” parking spaces shall comply with the following:
Attachment 4 Page 460
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1. No person shall park or stand any vehicle in a disabled persons parking zone (Blue Curb) unless said vehicle bears a special license or displays a special placard issued under the provisions of Section 9105 or Section 22511.5 of the California Vehicle Code.
2. Blue Curb parking spaces shall be operative twenty-four hours a day, Sundays and holidays included.
3. Parking zones for the physically handicapped are subject to any temporary parking prohibitions established by the city.
B. On-Street Parking. The city engineer shall designate special “Blue Curb” parking spaces for the purpose of providing on-street parking for the exclusive use by physically handicapped persons.
C. Off-Street/Publicly-Owned Facilities. The city manager shall designate parking stalls or spaces in publicly owned, leased or controlled off-street parking facilities for exclusive use by handicapped persons.
D. Off-Street/Privately Financed Facilities. The city hereby declares that there are privately owned and operated parking facilities which may reserve parking stalls for exclusive use by physically handicapped persons.
E. Identification.
1. On-Street “Blue Curb” Spaces. Blue Curb spaces shall be indicated by blue paint on the curb edge of the paved portion of the street. For further identification, the International Symbol of Access may be painted on the Blue curb in white followed by the word “Only”. In addition, a sign not less than seventeen inches by twenty-two inches with lettering not less than one inch in height shall be posted stating:
a. “Unauthorized Vehicles not displaying distinguishing license plates or placards issued for physically handicapped persons will be issued citations.” or
b. “Unauthorized Vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons will be towed away at owner’s expense. Towed vehicles may be reclaimed at 101 West Bonita Avenue, San Dimas, California, or by telephoning 714-599-1261.” Attachment 4 Page 461
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All signs shall be posted at a height of eighty inches from the ground.
2. Off-Street/Publicly-Owned Facilities. Designation of “Blue Curb” parking stalls in publicly financed off-street parking facilities shall be made by posting immediately adjacent to and visible from same, a sign consisting of the International Symbol of Access.
In addition, a sign not less than seventeen inches by twenty-two inches in size must be posted either at the entrance to the parking facility or immediately adjacent to and visible from the reserved stall(s), which states with lettering not less than one inch in height:
“Unauthorized vehicles not displaying distinguishing license plates or placards issued for physically handicapped persons will be issued citations.”
Or,
“Unauthorized vehicles not displaying distinguishing license plates or placards issued for physically handicapped persons will be towed away at owner’s expense. Towed vehicles may be reclaimed at 101 West Bonita Avenue, San Dimas, California, or by telephoning 714 599-1261.” NOTE: The operator of parking facility may then, and only after first contacting the local police or Sheriff’s Department, cause the removal of a violator’s automobile from the stall to the nearest public garage.
All signs shall be posted at a height of eighty inches from the ground.
3. Off-Street/Privately Financed Facilities. Designation of “Blue Curb” parking stalls in privately financed off-street parking facilities shall be made by posting immediately adjacent to, and visible from same, a sign consisting of the International Symbol of Access.
In addition, a sign not less than seventeen inches by twenty-two inches in size with lettering not less than one inch in height which states:
“Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons will be towed away at owner’s expense. Towed vehicles may be reclaimed at 101 West Bonita Avenue, San Dimas, California, or by telephoning 714 599-1261.”
10.24.097
This sign shall be posted at the entrance to the parking facility or immediately adjacent to, and visible from the reserved stall(s).
NOTE: The person in lawful possession of the parking facility may then and only after first contacting the local police or Sheriff’s Department, cause the removal of a violator’s automobile from the stall to the nearest public garage.
A sign must be posted at the entry to all off-street parking facilities to the effect that the facility is subject to public traffic regulations and control.
All signs shall be posted at a height of eighty inches from the ground. (Ord. 604 § 1, 1978)
10.24.100 Removal of vehicles parked over seventy-two consecutive hours.
A. The chief of police shall remove to a safe place every vehicle which has been parked or left standing upon a highway for seventy-two or more consecutive hours.
B. As used in this section, the words “safe place” include, but are not confined to, any garage, parking lot or open space owned by, maintained by or under the jurisdiction of the county, and every privately owned garage, the owner or proprietor of which will accept such vehicles. (Prior code § 32-3) Attachment 4 Page 463
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10.24.104 Designation of streets or highways on which stopping, standing or parking of motor vehicles is prohibited or restricted.
The city council may by resolution, pursuant to the authorization of Section 22507 of the California Vehicle Code, designate those streets or highways in the city on which the stopping, standing or parking of motor vehicles is prohibited or restricted. (Ord. 767 § 1, 1982)
10.24.110 Restriction of parking on designated equestrian trails.
When signs prohibiting parking are in place giving notice thereof, no person shall stop, stand or park any motor vehicle, or any trailer, or any designated equestrian trail within the city. (Ord. 901 § 1, 1989) Attachment 4 Page 464