CITY COUNCIL SPECIAL MEETING
AND STUDY SESSION AGENDA
TUESDAY SEPTEMBER 26, 2023 5:30 PM
SAN DIMAS COUNCIL CHAMBER
CONFERENCE ROOM
245 EAST BONITA AVENUE
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CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember John Ebiner, Councilmember Eric Nakano, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE
ORAL COMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items.
Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.) CLOSED SESSION 5:30 PM
1. CONFERENCE WITH LEGAL COUNSELEXISTING LITIGATION
Government Code section 54956.9(d)(1)
Name of case: City of San Dimas v. Waino E. Wertanen, et al., Los Angeles County Superior Court Case No. 22PSCV01291
REPORT ON CLOSED SESSION
STUDY SESSION 6:00 PM
ORAL COMMUNICATIONS
Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3)
CoutCaseNo.SCV09
REPORT ON CLOSED SESSION
STUDY SESSION 6:00 PM
ORAL COMMUNICATIONS
Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
1. Discussion, Consideration, and Possible Direction to Implement Amendments to MultipleFamily (MF) Zone Standards Related to Setbacks, Open Space, and Parking Requirements within New MultipleFamily Developments
ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.)
ADJOURNMENT
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Copies of documents distributed for the meeting are available in alternative formats upon request. Any writings or documents provided to the City Council regarding any item on this agenda will be made available for public review Monday through Thursday 7:30 a.m. to 5:30 p.m. and on Fridays from 7:30 a.m. to 4:30 p.m. at the Administration Counter at City Hall and San Dimas Library. In addition, most documents are posted on the City’s website at www.sandimasca.gov.
Posting Statement: I declare under penalty of perjury that on September 22nd, 2023, I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E.
Bonita Ave., San Dimas Library 145 N. Walnut Ave., San Dimas Post Office 300 E. Bonita Ave., Von’s Via Verde Shopping Center 1160 Via Verde Ave., and on the City’s website www.sandimasca.gov/agendasminutes/ as required by law.
September 22, 2023 Debra Black
Debra Black, City Clerk
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of September 26, 2023
From: Chris Constantin, City Manager
Prepared by: Kenneth Fichtelman, Associate Planner
Subject: Discussion, Consideration, and Possible Direction to Implement Amendments to Multiple-Family (MF) Zone Standards Related to Setbacks, Open Space, and Parking Requirements within New Multiple-Family Developments ____________________________________________________________________________
SUMMARY
Chapter 18.42 of the San Dimas Municipal Code implements the development standards within the Multiple-Family (MF) Zone. Included in these development standards are provisions that dictate the amount of open green area / open space and front and side setbacks for new developments. Chapter 18.156 sets the parking standards for all developments within the City, including all parking required for multi-family developments.
As part of the adopted and certified San Dimas Housing Element, the California State Department of Housing and Community Development (HCD) required the City to add Programs 10 and 11, which call for the City to amend the setbacks, open green area / open space and parking requirements in the Multi-Family zone so as not to constrain achievement of maximum residential density.
Staff has reviewed the multi-family development standards in nearby and similar cities to develop setbacks and open green area / open space standards that will not constrain the achievement of maximum density while still upholding the high standards of the City of San Dimas.
RECOMMENDATION
Staff recommends that the City Council
• Provide direction regarding proposed changes to setbacks, open green areas/open space, and parking within the Multiple-Family (MF) Zone.
FISCAL IMPACT
Consideration of amendments to Multiple-Family (MF) Zone Standards Page 2 For the Meeting of September 26, 2023
There is no fiscal impact for the recommended action.
BACKGROUND
On April 4, 2022, David Yashar submitted an application to request the initiation of a Municipal Code Text Amendment to reduce the amount of open green areas/open space required for a new multi-family development within the MF Zone, MCTA 22-0003.
On May, 19, 2022, the Planning Commission considered the request and initiated the Code Text Amendment. In addition, the Commission directed Staff to explore reducing the required setbacks to provide additional areas where open green areas/open space may be provided and to increase the developable area of parcels within the MF Zone. Subsequently, on September 1, 2022, the Planning Commission adopted Resolution PC-1654, recommending that the City Council approve MCTA 22-0003 to reduce the amount of open green areas/open space, as well as reduce the required front and side setbacks in the MF Zone.
On September 27, 2022 Staff presented the MCTA to the City Council (Attachment 2). After Staff’s presentation, Council continued the item to the October 11, 2022 meeting. All of the proposed setbacks and open green area/open space standards proposed below were presented at this time. During this meeting, the Council voted for no action and requested that Staff schedule the item for a future Study Session.
On September 27, 2022, the City Council approved the 6th Cycle Housing Element for San Dimas through Resolution 2022-50. The Housing Element was then certified by the HCD on October 14, 2022. Included within the Housing Element are two programs, Programs 10 and 11, which call on the City to revise standards which constrain development within the MF-30 and MF zones.
DISCUSSION/ANALYSIS
To assist in determining proper open space standards, setbacks and parking standards for the City of San Dimas, Staff surveyed nearby and similar cities to understand what standards they currently apply to multi-family zoned properties. It is important to note that a number of these cities currently have a program in their Housing Element that calls for the city to look at revising the current multi-family standards.
Open Green Areas/Open Space
Staff originally sought to amend the amount of open green area/open space required for new developments within the multiple-family zone, per an application for a Municipal Code Text Amendment filed in April of 2022 (See Attachment 1 – Planning Commission Staff Report from September 1, 2022). Later, during the development and HCD’s review of the 6th Cycle Housing Element, the amount of Open Green Area/Open Space required for new multi-family developments was found to be a constraint on development within the MF Zone. Program 10 in the Housing Element calls for the city to “review and revise the open space standards in the MF Zone that constrain achievement of maximum density (See Attachment 3 – 6th Cycle Housing Element Programs and Attachment 4 – HCD Comment Letter and Matrix).” Currently, the SDMC calls for a minimum of 30% of the total lot area to be set aside and maintained as usable open green areas. This open green area may not include the front setback, which must average 25 feet in depth, and may only include the rear or side yard setbacks through the issuance of a Conditional Use Permit. These standards, when combined with the need to provide for driveways and parking, significantly limits the amount of buildable area on a parcel.
Consideration of amendments to Multiple-Family (MF) Zone Standards Page 3 For the Meeting of September 26, 2023
As seen in table 1 below, there is a great deal of variation in the amount of open green area/open space that cities require. The City of San Dimas’ current requirement would place it among the cities requiring the most open space per unit, with only Claremont requiring more open space, as their minimum amount is based on number of bedrooms. The City’s amount of required open space limits development in the MF zone and is inconsistent with the average amount of open space required by surrounding cities (See Table 1).
Table 1 – Open Space Requirements of Nearby Cities
City Open Space Requirement Private Space Requirement
Claremont 400 sq. ft. per bedroom Included in open space Upland 250 sq. ft. per unit 100 sq. ft. per unit
Glendora 400 sq. ft. per unit No additional space required Monrovia 40% (RM Zone), 20% (RH Zone) of
gross unit floor area
At least half shall be private space
Arcadia 100 sq. ft. per unit No additional space
Duarte 200 sq. ft. per unit 200 sq. ft./100 sq. ft. (Lower/upper) Covina 120 sq. ft. per unit 100 sq. ft.
La Habra 400 sq. ft. per unit 250 sq. ft.
San Dimas 30% of lot area No additional space required
Staff is proposing an open green area/open space requirement of 300 square feet per unit, an amount which could be reduced to 200 square feet if the developer provides a patio or balcony that measures at least 100 square feet for every unit.
In addition, the current standards do not allow developers to claim the full open space credit for interior amenities, like gyms or recreation rooms, or exterior amenities like swimming pools, playgrounds and sport courts, limiting these uses to no more than 6% of the required open green area. This limit minimizes interior recreation options to the point where they are no longer feasible for developments. Staff recommends that these types of interior amenities be allowed to count in full towards any open space requirements, up to a maximum of 50% of required open space for lots up 15,000 square feet and up to 25% for lots over 15,000 square feet. Staff believes this will allow for the development of on-site amenities that are functional and beneficial for residents.
Setbacks
Per the direction given to Staff by the Planning Commission, Staff also looked into reducing the required setbacks in the MF zone. At a later date, Staff and the Housing Element consultant, following comments from HCD, added Programs 10 and 11 into the Housing Element, which call upon the City to “revise lot standards which constrain achievement of maximum density,” and to “revise open space and setback standards in the MF Zone that constrain the development of small multiple-family housing.” Staff surveyed nearby and similar cities to compare their setbacks within their multi-family zones (Table 2). San Dimas’ side and street side setbacks would place it among the highest required setbacks, with only the street side setbacks of Glendora and Arcadia equal or greater. San Dimas’ front setback is also above average in comparison to other surrounding cities.
Consideration of amendments to Multiple-Family (MF) Zone Standards Page 4 For the Meeting of September 26, 2023
Table 2 – Setback Requirements of Nearby Cities
City
Front
Setback
Interior Side
Setback – MF
Adjacent
Interior Side
Setback – SF
Adjacent
Street Side
Setback
Claremont 25’ 8’ 8’ 15’
Upland 20’ 5’ 5’ 5’
Glendora 20’ 4’ first story/ 10’ for
two-story
4’ first story/ 10’
for two-story
20’
Monrovia
25’ 10% of lot width, 5’
min & 15’ max for first
story / 5’ or 8’ for
every additional story
10% of lot width,
5’ min & 15’ max
for first story / 5’
or 8’ for every
additional story
10% of lot width,
10’ min & 15’
max
Arcadia 25’ 10’ 10’ 25’
Duarte 30’ 5’ 5’ 10’
Covina
20’ 5’ for first story & 10’
for second or higher
5’ for first story &
10’ for second or
higher
12.5’ for first
story & 17.5’ for
second or higher
La Habra
15’ 5’ for first two stories/
10’ for third story
5’ for first two
stories/ 10’ for
third story
10’ for first two
stories/ 15’ for
third
San
Dimas 25’ 20’
20’ for single
story, 30’ for two
or more stories
20’
Currently, the SDMC calls for a front yard setback with an average depth of 25 feet and a depth of not less than 15 feet. Per the San Dimas Municipal Code, the required front yard setback may not be used to provide the required open space and must be landscaped. Typically, front yard landscaping includes planters, trees, shrubs and decorative landscaping features. Turf lawns are not generally allowed, as they do not meet the Model Water Efficient Landscape Ordinance (MWELO), which creates a large area that is generally unused by residents and takes away from the developable area on a lot. Staff is proposing to reduce the front setback to 15 feet. This would be slightly less than surrounding cities but would still provide an area for landscaping, while also improving the development capability and space for open green areas on MF zoned lots. Staff would work with applicants as projects were being developed to ensure that the landscaping improves both the visual aspect of the property and improves the streetscape Staff is additionally proposing to reduce the required side yard setback for MF zoned properties.
Currently, the SDMC requires a 25-foot side yard setback when a given property is not adjacent to a single-family zoned property. Staff is proposing to reduce this to 15 feet. When a given property is adjacent to single-family zoned properties, the Code currently requires a 20-foot side yard setback for single-story structures and 30 feet for two (2) or more stories. Staff is proposing
Consideration of amendments to Multiple-Family (MF) Zone Standards Page 5 For the Meeting of September 26, 2023
to reduce this setback to 15 feet for the first story and 20 feet for the second and third story. This again provides for more developable area on the lot, while still maintaining setbacks that provide for adequate spacing between structures on adjacent properties. When adjacent to a single-family property, any new multi-family development would be at least 20 feet from the single-family residence; a 15-foot side setback for the multi-family residence plus at least a 5 foot setback for the single-family residence. When a property has a side property line adjacent to a public street, the code requires a 25-foot setback. As this setback further impacts the development of MF zoned lots, Staff is proposing to reduce the street side setback to 15 feet to match the proposed front yard setback.
Staff believes that these setbacks provide ample space between buildings and in front of multifamily properties. As seen in the following images, these setbacks still provide space for landscaping and do not impose upon the public right-of-way.
Figure 1 – Multi-family residence with 12’ front setback
Consideration of amendments to Multiple-Family (MF) Zone Standards Page 6 For the Meeting of September 26, 2023
Figure 2 – Multi-family residence with 12’ front setback Figure 3 – Multi-family residence with 15’ street side setback
Consideration of amendments to Multiple-Family (MF) Zone Standards Page 7 For the Meeting of September 26, 2023
Figure 4 – Multi-family residence with 15’ street side setback Figure 5 – Multi-family buildings with 15’ separation
Consideration of amendments to Multiple-Family (MF) Zone Standards Page 8 For the Meeting of September 26, 2023
Figure 6 – Multi-family building with 15’ from SFR
Parking Standards
Currently, The San Dimas Municipal Code mandates that new multi-family residences provide “Two covered spaces per unit, plus one noncovered space for each additional bedroom beyond two bedrooms per unit, plus one noncovered guest space for every three units” (SDMC 18.156.050(C)(1)). As identified in the 6th Cycle Housing Element, Program 10, these current standards constrain the development of multi-family projects within the City. In particular, the number of spots required for studio/one-bedroom units and units with 3 or more bedrooms were problematic in regards to achieving maximum density and makes it difficult for developers to offer products that would meet the needs of singles/young couples and larger families.
The following chart shows the multi-family parking standards for other nearby cities. It is important to note that these are the current standards and many cities have been or will be tasked with modifying their parking standards as part of the 6th Cycle Housing Element implementation programs.
Consideration of amendments to Multiple-Family (MF) Zone Standards Page 9 For the Meeting of September 26, 2023
Table 3 – Multi-family Parking Standards for Nearby Cities San
Dimas
(Current)
La
Verne
Claremont Whittier Monrovia
(Downtown)
Arcadia
Studio/1
Bed
2 2 1.5 2 1 2
2 Bed 2 2 2.25 2 2 2
3+ Bed 1/Bedroom
per unit
N/A N/A N/A N/A N/A
Guest 1 per 3
units
1 per
2 units
1 per 2
units
1 per 4
units
N/A 1 per 2
units
Staff is proposing 1.5 covered spaces per studio/one-bedroom unit and 2 covered spaces for units with two or more bedrooms, plus one noncovered guest space for every four units. This reduction provides a meaningful number of parking spaces for residents and guests while allowing that every unit may not require parking for two vehicles.
It is important to note that AB 2097, which went into effect on January 1, 2023 prohibits the City of San Dimas from imposing minimum parking standards on multi-family development projects that develop within a half-mile radius of a major transit stop, which includes the future A-Line, formerly Gold Line, Station. Cities can still enforce requirements for EV charger parking spaces and accessible parking spaces for persons with disabilities, as required by the California Building Code; however, no additional minimum parking standards can be required.
The passage of AB 2097 is one of many recent legislations that demonstrates the State’s aggressive actions to further multi-family development. Therefore, it’s imperative that the City move forward with the parking and other development standard amendments now and not wait for the State to provide direction, which would in all likelihood could be far less restrictive than the standards that Staff is currently proposing.
ALTERNATIVES
Alternatives are not applicable at this time. Staff is requesting that the Council provide direction to Staff.
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,
Consideration of amendments to Multiple-Family (MF) Zone Standards Page 10 For the Meeting of September 26, 2023
Kenneth Fichtelman
Associate Planner
Attachments:
1. Planning Commission Staff Report from September 1, 2022
2. City Council Staff Report from September 27, 2022
3. 6th Cycle Housing Element Programs
Planning Commission
Staff Report
To: Honorable Chair and Members of Planning Commission
For the Meeting of September 1, 2022
From: Henry Noh, Director of Community Development
Prepared by: Ken Fichtelman, Associate Planner
Subject: Municipal Code Text Amendment 22-0003; Consideration of a Municipal Code Text Amendment to amend Chapter 18.42 Multiple-Family (MF) Zone to reduce the required amount of open green areas/open space, and the required front and side yard setbacks for developments in the MF Zone.
______________________________________________________________________
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution PC-1654 recommending to the City Council approval of Municipal Code Text Amendment 22-0003, amending Chapter 18.42 Multiple-Family (MF) Zone to reduce the amount of open green areas/open space, and front and side yard setbacks required for developments in MF zoned properties.
SUMMARY
Chapter 18.42 of the Municipal Code implements the development standards within the Multiple-Family (MF) zone. One of the development standards regulates the amount of useable open space that any new multi-family residential project must provide on-site. Currently, a minimum of 30% of a lot must be set aside and maintained as useable open space.
Staff has received an application for a Municipal Code Text Amendment to amend Chapter 18.42 Multi-Family (MF) Zone to reduce the amount of useable open space that a new multi-family development must set aside and maintain as part of a new development.
Staff recommends that the Planning Commission adopt Resolution PC-1654 recommending to the City Council approval of Municipal Code Text Amendment 22-0003 to amend Chapter 18.42 Multiple-Family (MF) Zone to reduce the amount of open green areas/open space, and front and side yard setbacks required for developments in MF zoned properties.
ATTACHMENT 1
MCTA 22-0003 – Consideration of a Municipal Code Text Amendment Page For the Meeting of September 1, 2022
2 FISCAL IMPACT
No fiscal impact to the City is foreseen.
BACKGROUND
Staff has been working with the Applicant, David Yashar, on preliminary plans for a new multi-family development at 912 N. San Dimas Avenue, located within the Multiple-Family (MF) Zone. Initial comments were provided on the preliminary plans, one of which is compliance with the MF zone’s open space requirement, which requires that 30% of the lot be maintained as usable open green areas. The requirement significantly impacts development of the site; therefore, on April 4, 2022, the Applicant submitted an application to request an initiation for a Municipal Code Text Amendment (MCTA) to amend Chapter
18.42 Multiple-Family (MF) Zone, to reduce the amount of open green areas/open space required for a new multi-family development within the MF Zone (See Attachment 2).
On May 19, 2022, the Planning Commission considered the request and approved the initiation for the MCTA (See Attachment 4). In addition, the Commission directed Staff to explore reducing the required setbacks to provide additional areas where open green areas/open spaces may be provided and to increase the developable area of parcels within the MF zone.
DISCUSSION/ANALYSIS
The proposed MCTA seeks to amend Section 18.42.050 of the San Dimas Municipal Code (SDMC), specifically the sections regarding the amount of open green area required for new multi-family developments and the required front and side yard setbacks. Currently, the SDMC calls for a minimum of 30% of the total lot area to be set aside and maintained as usable open green areas. This open green area may not include the front setback, which must average 25 feet in depth, and may only include the rear or side yard setbacks through the issuance of a Conditional Use Permit. While providing open space as part of multi-family developments is appropriate, the Code’s current requirement can be somewhat burdensome. For example, a 10,000 square foot lot with a proposed four (4) unit development (the maximum number of units that could realistically be developed in the MF zone on a lot of that size) would need to provide 3,000 square feet of usable open green area, or 750 square feet per unit under this example. The 3,000 square feet would not include any of the front yard and the development would still need to provide for driveways and parking, which would significantly limit the amount of buildable area.
Staff has also identified the open space requirement in the MF zone as a potential impediment to the development of housing in the City’s Draft Housing Element Update and added a program to the Draft Housing Element Update to review and, if necessary, revise the open space requirements to ensure that that they are not a constraint to development. Therefore, this amendment would be consistent with the City’s Draft Housing Element, which is currently being reviewed by the Department of Housing and Community Development (HCD) for certification.
Staff surveyed nearby and similar cities to understand how they approach open green areas/open space within their multi-family zones. As seen in table 1 below, there is a great deal of variation in the amount of open green area/open space that cities require. The City of San Dimas’ current requirement would place it among the cities requiring the most open
MCTA 22-0003 – Consideration of a Municipal Code Text Amendment Page For the Meeting of September 1, 2022
3 Table 1 – Open Space Requirements of Nearby Cities
space per unit, with only Claremont requiring more open space, as their minimum amount is based on number of bedrooms. The City’s amount of required open space limits development in the MF zone and is inconsistent with the average amount of open space required by surrounding cities (See Table 1).
City Open Space Requirement Private Space Requirement
Claremont 400 sq ft per bedroom Included in open space
Upland 250 sq ft per unit 100 sq ft per unit
Glendora 400 sq ft per unit No additional space required Monrovia 40% (RM Zone), 20% (RH Zone) of
gross unit floor area
At least half shall be private space
Arcadia 100 sq ft per unit No additional space
Duarte 200 sq ft per unit 200 sq ft/100 sq ft (Lower/upper) Covina 120 sq ft per unit 100 sq ft
La Habra 400 sq ft per unit 250 sq ft
San Dimas 30% of lot area No additional space required
To remove a potential impediment to the development of housing, as identified in the City’s Draft Housing Element, and to be more in line with surrounding cities, Staff is proposing an open space requirement of 300 square foot per unit. This amount could be reduced to 200 square feet per unit if the developer provides a private patio or balcony that measures at least 100 square feet for every unit. Staff has incorporated code text to ensure that a private patio or balcony provided for this purpose is useable for the residents; the patio or balcony provided would have to measure at least 8 feet in any given direction. Existing Code text requiring that at least 50% of the open green areas be provided as a contiguous space has been maintained in the Code to guarantee that the provided open space is useable for residents. Staff also modified the language regarding the amount of open space that swimming pools, playgrounds, court game facilities and recreational buildings may occupy. The current Code limits these uses to no more than 6% of the required open green space, which severely limits these types of uses to a point where they are not functional or cannot be provided. Staff has therefore increased the amount of open space that may be occupied by such use to 50% for lots up to 15,000 square feet, and 25% for lots over 15,000 square feet. Staff believes this will allow for the development of on-site amenities that are functional and beneficial for residents.
Per the direction of the Planning Commission, Staff also looked at reducing the required setbacks in the MF zone in order to provide additional areas where open green areas/open spaces may be provided and to provide for more developable area on a parcel, leading to better designed projects for both the City and the residents of said developments. Staff surveyed nearby and similar cities to compare their setbacks within their multi-family zones. As seen in table 2 below, there is again a great deal of variation in the required setbacks among nearby cities. San Dimas’ side and street side setbacks would place it among the highest required setbacks, with only the street side setbacks of Glendora and Arcadia equal or greater. San Dimas’ front setback is also above average in comparison to other surrounding cities.
MCTA 22-0003 – Consideration of a Municipal Code Text Amendment Page For the Meeting of September 1, 2022
4 City
Front
Setback
Interior Side
Setback – MF
Adjacent
Interior Side
Setback – SF
Adjacent
Street Side
Setback
Claremont 25’ 8’ 8’ 15’
Upland 20’ 5’ 5’ 5’
Glendora 20’ 5’ first story/ 10’ for
two-story
5’ first story/ 10’
for two-story
20’
Monrovia
25’ 10% of lot width, 5’
min & 15’ max for
first story / 5’ or 8’ for
every additional story
10% of lot width,
5’ min & 15’ max
for first story / 5’
or 8’ for every
additional story
10% of lot width,
10’ min & 15’
max
Arcadia 25’ 10’ 10’ 25’
Duarte 30’ 5’ 5’ 10’
Covina
20’ 5’ for first story & 10’
for second or higher
5’ for first story &
10’ for second or
higher
12.5’ for first
story & 17.5’ for
second or higher
La Habra
15’ 5’ for first two stories/
10’ for third story
5’ for first two
stories/ 10’ for
third story
10’ for first two
stories/ 15’ for
third
San
Dimas 25’ 20’
20’ for single
story, 30’ for two
or more stories
20’
Currently, the SDMC calls for a front yard setback with an average depth of 25 feet and a depth of not less than 15 feet. The required front yard setback may not be used to provide the required open space and must be landscaped. Typically front yard landscaping includes planters, trees, shrubs and decorative landscaping features, which creates a large area that is generally unused by residents and takes away from the developable area on a lot. Staff is proposing to reduce the front setback to 15 feet. This would be slightly less than surrounding cities but would still provide an area for landscaping, while also improving the development capability and space for open green areas on MF zoned lots. Staff would work with applicants as projects were being developed to ensure that the landscaping improves both the visual aspect of the property and improves the streetscape.
Staff is additionally proposing to reduce the required side yard setback for MF zoned properties. Currently, the SDMC requires a 25 foot side yard setback when a given property is not adjacent to a single-family zoned property. Staff is proposing to reduce this to 15 feet. When a given property is adjacent to single-family zoned properties, the Code currently requires a 20 foot side yard setback for single-story structures and 30 feet for two (2) or more stories. Staff is proposing to reduce this setback to 15 feet for the first story and 20 feet for the second and third story. This again provides for more developable area on the lot, while still maintaining setbacks that provide for adequate spacing between structures on adjacent properties. When a property has a side property line adjacent to a public street, the code requires a 25 foot setback. As this setback further impacts the development of MF zoned lots, Staff is proposing to reduce the street side setback to 15 feet to match the proposed front yard setback.
Table 2 – Setback Requirements of Nearby Cities
MCTA 22-0003 – Consideration of a Municipal Code Text Amendment Page For the Meeting of September 1, 2022
5 Table 3 – Existing Code Text and Proposed Changes
Lastly, Staff is proposing to remove language from the SDMC which requires buildings over two (2) stories in height to provide a setback from single family residential zones and public streets that is at least equal to the height of the building. This could create setbacks in excess of 40 feet for any three-story multiple family development, which would be excessive in the opinion of Staff. All the proposed revisions to Chapter 18.42 MultipleFamily (MF) Zone are provided in Exhibit A to the resolution. See Table 3 below for a comparison of proposed to existing amendments being proposed.
Current Standard Proposed Standard
Open Space 30% of total lot 300 square feet per unit (reduced to 200 square feet with a 100
square foot balcony/patio)
Front Average of 25 feet, not less
than 15 feet
15 feet
Rear 20 feet 20 feet
Side (SF Adjacent) 20 feet for 1st story, 30 feet for
2nd and 3rd story
15 feet for 1st story, 20 feet for 2nd
and 3rd story
Side 20 feet 15 feet
Street Side 25 feet 15 feet
ENVIRONMENTAL REVIEW
Per Section 15061(b)(3) of the California Environmental Quality Act and CEQA Guidelines, it has been determined that his action is not a project under CEQA, as there will be no potential for causing a significant effect on the environment.
Respectfully submitted,
Ken Fichtelman,
Associate Planner
Attachments:
1 Resolution PC-1654
2 Applicant’s Letter
3 Planning Commission Staff Report & Minutes from May 19, 2022
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of September 27, 2022
From: Chris Constantin, City Manager
Prepared by: Ken Fichtelman, Associate Planner, Planning Division Subject: Municipal Code Text Amendment 22-0003 - Consideration of a Municipal Code Text Amendment to Amend Chapter 18.42 Multiple-Family (MF) Zone to Reduce the Required Amount of Open Green Areas/Open Space, and the Required Front and Side Yard Setbacks for Developments in the MF Zone. ____________________________________________________________________________
RECOMMENDATION
Staff recommends:
1. The City Council hold a public hearing and introduce Ordinance 1293
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, ADOPTING MUNICPAL CODE TEXT AMENDMENT 22-0003, AN AMENDMENT TO CHAPTER 18.42 MULTIPLE-FAMILY (MF) ZONE, OF THE SAN DIMAS
MUNICIPAL CODE TO REDUCE THE REQUIRED AMOUNT OF OPEN GREEN AREAS/OPEN SPACE, AND FRONT AND SIDE YARD SETBACKS.
SUMMARY
Chapter 18.42 of the Municipal Code implements the development standards within the Multiple-Family (MF) zone. One of the development standards regulates the amount of useable open space that any new multi-family residential project must provide on-site. Currently, a minimum of 30% of a lot must be set aside and maintained as useable open space.
Staff has received an application for a Municipal Code Text Amendment (MCTA) to amend Chapter 18.42 Multi-Family Zone to reduce the amount of useable open space that a new multifamily development must set aside and maintain as part of a new development.
ATTACHMENT 2
MCTA 22-0003 – Consideration of a Municipal Code Text Amendment Page 2 For the Meeting of September 27, 2022
FISCAL IMPACT
No fiscal impact to the City is foreseen.
BACKGROUND
On May 19, the Planning Commission considered and approved the Applicant’s request to initiate the MCTA. At this time, the Planning Commission also directed Staff to explore reducing the required setbacks required in the Multi-Family zone. Subsequently, on September 1, 2022, the Planning Commission adopted Resolution PC-1654, recommending that the City Council approve MCTA 22-0003.
For a complete background on the MCTA, please see Attachment 4, Planning Commission Staff Report from September 1, 2022.
DISCUSSION/ANALYSIS
Please see Attachment 4, Planning Commission Staff Report from September 1, 2022 for a detailed discussion/analysis of this item.
ENVIRONMENTAL REVIEW
Per Section 15061(b)(3) of the California Environmental Quality Act and CEQA Guidelines, it has been determined that this action is not a project under CEQA, as there will be no potential for causing a significant effect on the environment.
Respectfully submitted,
Ken Fichtelman, Associate Planner
Attachments:
1 Ordinance 1293
2 Applicant’s Letter
3 Planning Commission Staff Report & Draft Minutes from September 1, 2022 4 Resolution PC-1654
5 Planning Commission Staff Report & Minutes from May 19, 2022
ORDINANCE 1293
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, CALIFORNIA, ADOPTING MUNICPAL
CODE TEXT AMENDMENT 22-0003, AN AMENDMENT TO CHAPTER
18.42 MULTIPLE-FAMILY (MF) ZONE, OF THE SAN DIMAS MUNICIPAL
CODE TO REDUCE THE REQUIRED AMOUNT OF OPEN GREEN
AREAS/OPEN SPACE, AND FRONT AND SIDE YARD SETBACKS.
WHEREAS, an Amendment to the San Dimas Municipal Code has been duly initiated by the Applicant, David Yashar; and
WHEREAS, the Amendment is described as an amendment to Chapter 18.42 – Multiple-Family (MF) Zone, to reduce the required amount of open green areas/open space, and front and side yard setbacks for developments in the MF Zone, in response to an initiation by Applicant David Yashar; and
WHEREAS, the Amendment would affect certain parcels of the City within the Multiple-Family (MF) Zone; and
WHEREAS, on May 19, 2022 the Planning Commission approved to initiate the Municipal Code Text Amendment as requested by the Applicant; and WHEREAS, the Planning Commission was presented with the Municipal Code Text Amendment at a public hearing on September 1, 2022, which allowed for public comment, and recommended approval of the item to the City Council; and WHEREAS, notice was duly given of the City Council public hearing on the matter and that the public hearing was held on September 27, 2022 at the hour of 7:00 p.m., with all testimony received being made a part of the public record; and WHEREAS, the City Council determines that the proposed amendment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, where it can be seen with certainty that the amendment would not have a significant effect on 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 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each 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.
Attachment 1
Ordinance 1293 Page 2
Municipal Code Text Amendment 22-0003
September 27, 2022
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 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 11th day of October, 2022, 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 1293 was introduced at a regular meeting of the City Council of the City of San Dimas on the 27th day of September, 2022, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 11th day of October, 2022. ___________________________
Debra Black, City Clerk
Attachment 1
Ordinance 1293 Page 3
Municipal Code Text Amendment 22-0003
September 27, 2022
Exhibit A
New text in blue underlined
Deleted text is in Red and Strikethrough
Existing text moved to new location
Chapter 18.42
MULTIPLE-FAMILY (MF) ZONE
Sections:
18.42.010 Purpose.
18.42.020 Uses permitted.
18.42.030 Uses permitted by conditional use permit.
18.42.040 Density.
18.42.050 Property development standards.
18.42.060 Development plan approval.
18.42.010 Purpose.
The purpose of the MF zone is to provide for the development of medium and high density multiple-family projects, to ensure that such development is compatible with contiguous uses, to encourage well-planned neighborhoods through creative and imaginative site planning and to ensure integrated design and unified control of design. (Ord. 965 § 2, 1992)
18.42.020 Uses permitted.
Buildings, structures and land shall be used, and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following uses. All uses shall be subject to the property development standards set forth in this chapter.
A. Primary Uses.
1. Single-family dwelling, when located on lots which comply with the minimum lot area requirements of the SF-7500 zone.
B. Incidental Uses.
1. Home occupations.
2. Household pets as described and regulated in Chapter 18.20 Residential Zones Generally. (Ord. 1226 § 1, 2014; Ord. 965 § 2, 1992)
18.42.030 Uses permitted by conditional use permit.
The following uses shall be permitted pursuant to the provisions of Chapter 18.200:
A. Apartments, condominiums, townhouses and similar multiple-family developments.
B. Churches.
1. Day care centers, day nurseries, and nursery schools as an accessory use only.
C. Convents.
D. Rectories.
E. Public utility substations.
F. Senior citizen housing projects.
Attachment 1
Ordinance 1293 Page 4
Municipal Code Text Amendment 22-0003
September 27, 2022
G. Transitional and supportive housing. (Ord. 1223 § 2, 2013; Ord. 1193 § 2, 2010; Ord. 965 § 2, 1992)
18.42.040 Density.
The following density standards shall apply to all land and buildings in the MF zone:
Method of Designation. A number specifying the maximum permitted number of dwelling units per net acre in the MF zone shall be appended to the base zoning district on the official zoning map to designate the density. (Example: a multiple-family zone allowing fourteen units per net acre would show on the official zoning map as MF (14).) (Ord. 1214 § 1, 2013; Ord. 965 § 2, 1992)
18.42.050 Property development standards.
The following property development standards shall apply to all land and buildings in the MF zone:
A. Site Area. There is no minimum site area, except as set forth for single-family dwellings in Section 18.42.020.
B. Ground Coverage. Maximum ground coverage shall not exceed sixty percent of the total lot or parcel area. All land covered by residential structures, parking facilities, including paved areas used for parking and vehicular access, shall be considered when computing ground coverage. Deckways, patios, patio and recreation structures and facilities shall be excluded.
C. Building Height.
1. No building or structure erected in this zone shall have a height greater than thirty feet or two stories, except as provided by the following:
a. Building height may be increased to thirty-five feet and/or three stories with the approval of a conditional use permit pursuant to Chapter 18.200 when each of the following findings is made:
i. The building setback from adjacent single-family residential zones and public streets is increased to be at least equal to the building height; iii. The architectural and site design of the project is enhanced by allowing the additional height;
iiiii. A sloping or pitched roof design, rather than a flat roof design, is used; iviii. The appearance of height and associated mass and bulk is mitigated by appropriate building and site design features.
b. A steeple, spire or other similar projection above a building used primarily for religious purposes may extend the total height of the structure and steeple, spire or other similar projection as high as forty feet, provided that the height of the steeple, spire or other similar projection shall be harmonious in design with the building or structure and with the surrounding neighborhood. Such increase in height shall be approved by the development plan review board in accordance with Chapter 18.12.
2. Where a building or structure is erected on sloping terrain having a gradient of twenty-five percent or greater, the height of the building or structure shall be measured from the highest adjoining ground surface level at the base of the building or structure.
D. Yards.
Attachment 1
Ordinance 1293 Page 5
Municipal Code Text Amendment 22-0003
September 27, 2022
1. Front. There shall be a front yard setback having an average depth of twenty-five feet with a minimum depth of fifteen feet extending across the full width of the lot or parcel There shall be a front yard setback of not less than 15 feet.
2. Side. Side yard setbacks shall be as follows:
a. When multifamily structure is adjacent to properties zoned for single-family use:
twenty fifteen feet for single story and thirty twenty feet for two or more the second or third story stories.
b. When multifamily structure is not adjacent to properties zoned for single-family use:
twenty feet fifteen feet.
c. When recreational vehicle parking is provided in a side yard: thirty feet. dc. When side yard is contiguous to a public street: twenty-five fifteen feet. e. In all cases, there shall be a minimum of ten feet of landscaped setback adjacent to side property lines which shall be free from all structures, driveways, parking, trash enclosures and similar facilities. This may be reduced to five feet with the approval of a conditional use permit.
3. Rear. The minimum rear yard shall be twenty feet. Vehicular access, open parking or storage for recreational vehicles may be provided within a rear yard and, in such event, the setback shall be thirty feet; ten feet of such yard nearest the property line shall be landscaped. Said ten feet may be reduced to not less than five feet with the approval of a conditional use permit.
E. Projections into Rear or Side Yards.
1. Garages or carports may be located on side or rear property lines except when the yard is contiguous to a single-family residential zone or adjacent to a street.
2. Eaves, balconies, patio roofs and exterior stairways may project not more than fifty percent into the required yard.
3. Fireplaces may project not more than twenty-four inches.
F. Distance Between Buildings. The minimum distance between buildings shall be as follows:
1. Front to front: thirty feet.
2. Front to side/rear: twenty feet.
3. Other: fifteen feet.
For the purpose of this section, “front” means that wall which contains the primary entry to the unit.
G. Floor Area of Dwelling Units.
1. The minimum floor area per dwelling unit for apartment, transitional, supportive housing and other types of rental housing shall be:
a. Units with no bedrooms: four hundred fifty square feet. b. Units with one bedroom: six hundred fifty square feet. c. Units with two bedrooms: eight hundred fifty square feet. d. Units with three bedrooms or more, additional area for each bedroom exceeding two: two hundred fifty square feet.
2. The minimum floor area per dwelling unit for condominiums and other types of ownership housing shall be:
a. Units with no bedrooms: not permitted.
b. Units with one bedroom: eight hundred square feet.
Attachment 1
Ordinance 1293 Page 6
Municipal Code Text Amendment 22-0003
September 27, 2022
c. Units with two bedrooms: one thousand square feet.
d. Units with three bedrooms or more, additional area for each bedroom exceeding two: two hundred fifty square feet.
3. Senior citizen housing developments shall comply with the standards set forth in Section 18.151.090.
H. Open Green Areas. A minimum of thirty percent of the total lot or parcel area shall be maintained as usable open green areas 300 square feet per unit shall be maintained as open green area. This amount may be reduced to 200 square feet per unit provided that a private patio or balcony measuring not less than 100 square feet is provided for each unit. A private patio or balcony provided in this manner shall measure at least eight feet in any given direction. Walls or fences surrounding a private patio shall not exceed six-feet in height.
1. Open green areas shall be conveniently located and easily accessible from all dwelling units.
2. At least 50 percent of the open green area must be provided as a contiguous space.
23. Open green areas may include swimming pools, putting greens, court game facilities, playground areas and recreational buildings, provided that such buildings improvements do not exceed more than six 50 percent of the required open green area for lots up to 15,000 square feet, and not more than 25 percent for lots over 15,000 square feet.
a. Accessory billiard use as defined by Section 10.08.007 of this title, in conjunction with a community recreation building or facility.
34. When a development includes one or more units containing more than two bedrooms, a portion of the open green area required by this chapter shall be improved with playground equipment intended specifically for use by children. The size, location and design of said area shall be established in conjunction with the project approval.
45. Open green areas shall not include streets, vehicle parking areas or accessways; distance between buildings of less than ten feet, or required yard setbacks, except that side and/or rear yard setbacks may be included with the approval of a conditional use permit when the following findings are made:
a. The side and/or rear yards are designed to create usable open green areas. b. The overall site design is enhanced by allowing the use of the setbacks as open green areas.
I. Utilities.
1. All utility services shall be installed underground.
2. For condominiums and other multiple-family projects with individual ownership, each unit shall have individual water, sewer and utility connections and each utility that is consumed within the unit shall be separately metered and/or have a separate lateral, as appropriate.
J. Landscaping.
1. All required yards, spaces between buildings, and open green areas shall be landscaped pursuant to an approved landscape plan prepared by a landscape architect. Landscaping shall be maintained by an electric remote control automatic sprinkler system and kept weeded and disease-free.
Attachment 1
Ordinance 1293 Page 7
Municipal Code Text Amendment 22-0003
September 27, 2022
2. In all cases, there shall be a minimum of ten feet of landscaped setback adjacent to side property lines which shall be free from all driveways, parking, trash enclosures and similar facilities. This may be reduced to five feet on the interior side yard with the approval of a conditional use permit.
K. Refuse Storage. All outdoor trash, garbage and refuse storage shall be screened on all sides from view by a minimum six-foot-high decorative concrete block or masonry wall and the opening provided with a durable wood or metal gate. The inside dimensions of such enclosure shall be eight feet by ten feet. They shall be provided with hose bibs for maintenance and shall be of adequate number and be conveniently located for all units.
Additional requirements to accommodate recycling facilities may be required.
L. Building Length. No building shall exceed a length of one hundred fifty feet.
M. Lighting. All lighting of the buildings, landscape areas and storage areas shall be placed so as to not reflect onto adjoining properties. When necessary, a detailed lighting plan may be required.
N. Mechanical Equipment. All ground mechanical equipment shall be screened behind a permanent structure. All rooftop mechanical equipment shall be completely screened by architectural components integral to the design of the building.
O. Off-Street Parking. The provisions of Chapter 18.156 shall apply.
P. Signs. The provisions of Chapter 18.152 shall apply.
Q. Laundry Facilities. When laundry facilities are not provided in each unit, such facilities shall be provided within a totally enclosed permanent building, convenient to all units, and provided with automatic washers and dryers.
R. Fences and Walls.
1. Required. Where an MF zone abuts a single-family residential zone, there shall be a decorative masonry wall not less than six feet in height erected along and adjacent to the property line, except that such wall shall be reduced to not more than forty-two inches in height, or may be eliminated, in any required yard abutting a street.
2. Permitted. Fences, walls and retaining walls not greater than six feet in height shall be permitted on or within all rear and side property lines on interior lots and corner lots when abutting a street, on or to the rear of all front setback lines. (Ord. 1193 § 2, 2010; Ord. 1072 § 7, 1997; Ord. 995 § 1, 1993; Ord. 965 § 2, 1992)18.42.050
18.42.060 Development plan approval.
Before any building or structure is erected in this zone, a development plan shall have been submitted and approved in accordance with the provisions of Chapter 18.12. (Ord. 965 § 2, 1992)
Attachment 1
Attachment 2
Planning Commission
Staff Report
To: Honorable Chair and Members of Planning Commission
For the Meeting of September 1, 2022
From: Henry Noh, Director of Community Development
Prepared by: Ken Fichtelman, Associate Planner
Subject: Municipal Code Text Amendment 22-0003; Consideration of a Municipal Code Text Amendment to amend Chapter 18.42 Multiple-Family (MF) Zone to reduce the required amount of open green areas/open space, and the required front and side yard setbacks for developments in the MF Zone.
______________________________________________________________________
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution PC-1654 recommending to the City Council approval of Municipal Code Text Amendment 22-0003, amending Chapter 18.42 Multiple-Family (MF) Zone to reduce the amount of open green areas/open space, and front and side yard setbacks required for developments in MF zoned properties.
SUMMARY
Chapter 18.42 of the Municipal Code implements the development standards within the Multiple-Family (MF) zone. One of the development standards regulates the amount of useable open space that any new multi-family residential project must provide on-site. Currently, a minimum of 30% of a lot must be set aside and maintained as useable open space.
Staff has received an application for a Municipal Code Text Amendment to amend Chapter 18.42 Multi-Family (MF) Zone to reduce the amount of useable open space that a new multi-family development must set aside and maintain as part of a new development.
Staff recommends that the Planning Commission adopt Resolution PC-1654 recommending to the City Council approval of Municipal Code Text Amendment 22-0003 to amend Chapter 18.42 Multiple-Family (MF) Zone to reduce the amount of open green areas/open space, and front and side yard setbacks required for developments in MF zoned properties.
Attachment 3
MCTA 22-0003 – Consideration of a Municipal Code Text Amendment Page For the Meeting of September 1, 2022
2 FISCAL IMPACT
No fiscal impact to the City is foreseen.
BACKGROUND
Staff has been working with the Applicant, David Yashar, on preliminary plans for a new multi-family development at 912 N. San Dimas Avenue, located within the Multiple-Family (MF) Zone. Initial comments were provided on the preliminary plans, one of which is compliance with the MF zone’s open space requirement, which requires that 30% of the lot be maintained as usable open green areas. The requirement significantly impacts development of the site; therefore, on April 4, 2022, the Applicant submitted an application to request an initiation for a Municipal Code Text Amendment (MCTA) to amend Chapter
18.42 Multiple-Family (MF) Zone, to reduce the amount of open green areas/open space required for a new multi-family development within the MF Zone (See Attachment 2).
On May 19, 2022, the Planning Commission considered the request and approved the initiation for the MCTA (See Attachment 4). In addition, the Commission directed Staff to explore reducing the required setbacks to provide additional areas where open green areas/open spaces may be provided and to increase the developable area of parcels within the MF zone.
DISCUSSION/ANALYSIS
The proposed MCTA seeks to amend Section 18.42.050 of the San Dimas Municipal Code (SDMC), specifically the sections regarding the amount of open green area required for new multi-family developments and the required front and side yard setbacks. Currently, the SDMC calls for a minimum of 30% of the total lot area to be set aside and maintained as usable open green areas. This open green area may not include the front setback, which must average 25 feet in depth, and may only include the rear or side yard setbacks through the issuance of a Conditional Use Permit. While providing open space as part of multi-family developments is appropriate, the Code’s current requirement can be somewhat burdensome. For example, a 10,000 square foot lot with a proposed four (4) unit development (the maximum number of units that could realistically be developed in the MF zone on a lot of that size) would need to provide 3,000 square feet of usable open green area, or 750 square feet per unit under this example. The 3,000 square feet would not include any of the front yard and the development would still need to provide for driveways and parking, which would significantly limit the amount of buildable area.
Staff has also identified the open space requirement in the MF zone as a potential impediment to the development of housing in the City’s Draft Housing Element Update and added a program to the Draft Housing Element Update to review and, if necessary, revise the open space requirements to ensure that that they are not a constraint to development. Therefore, this amendment would be consistent with the City’s Draft Housing Element, which is currently being reviewed by the Department of Housing and Community Development (HCD) for certification.
Staff surveyed nearby and similar cities to understand how they approach open green areas/open space within their multi-family zones. As seen in table 1 below, there is a great deal of variation in the amount of open green area/open space that cities require. The City of San Dimas’ current requirement would place it among the cities requiring the most open Attachment 3
MCTA 22-0003 – Consideration of a Municipal Code Text Amendment Page For the Meeting of September 1, 2022
3 Table 1 – Open Space Requirements of Nearby Cities
space per unit, with only Claremont requiring more open space, as their minimum amount is based on number of bedrooms. The City’s amount of required open space limits development in the MF zone and is inconsistent with the average amount of open space required by surrounding cities (See Table 1).
City Open Space Requirement Private Space Requirement
Claremont 400 sq ft per bedroom Included in open space
Upland 250 sq ft per unit 100 sq ft per unit
Glendora 400 sq ft per unit No additional space required Monrovia 40% (RM Zone), 20% (RH Zone) of
gross unit floor area
At least half shall be private space
Arcadia 100 sq ft per unit No additional space
Duarte 200 sq ft per unit 200 sq ft/100 sq ft (Lower/upper) Covina 120 sq ft per unit 100 sq ft
La Habra 400 sq ft per unit 250 sq ft
San Dimas 30% of lot area No additional space required
To remove a potential impediment to the development of housing, as identified in the City’s Draft Housing Element, and to be more in line with surrounding cities, Staff is proposing an open space requirement of 300 square foot per unit. This amount could be reduced to 200 square feet per unit if the developer provides a private patio or balcony that measures at least 100 square feet for every unit. Staff has incorporated code text to ensure that a private patio or balcony provided for this purpose is useable for the residents; the patio or balcony provided would have to measure at least 8 feet in any given direction. Existing Code text requiring that at least 50% of the open green areas be provided as a contiguous space has been maintained in the Code to guarantee that the provided open space is useable for residents. Staff also modified the language regarding the amount of open space that swimming pools, playgrounds, court game facilities and recreational buildings may occupy. The current Code limits these uses to no more than 6% of the required open green space, which severely limits these types of uses to a point where they are not functional or cannot be provided. Staff has therefore increased the amount of open space that may be occupied by such use to 50% for lots up to 15,000 square feet, and 25% for lots over 15,000 square feet. Staff believes this will allow for the development of on-site amenities that are functional and beneficial for residents.
Per the direction of the Planning Commission, Staff also looked at reducing the required setbacks in the MF zone in order to provide additional areas where open green areas/open spaces may be provided and to provide for more developable area on a parcel, leading to better designed projects for both the City and the residents of said developments. Staff surveyed nearby and similar cities to compare their setbacks within their multi-family zones. As seen in table 2 below, there is again a great deal of variation in the required setbacks among nearby cities. San Dimas’ side and street side setbacks would place it among the highest required setbacks, with only the street side setbacks of Glendora and Arcadia equal or greater. San Dimas’ front setback is also above average in comparison to other surrounding cities.
Attachment 3
MCTA 22-0003 – Consideration of a Municipal Code Text Amendment Page For the Meeting of September 1, 2022
4 City
Front
Setback
Interior Side
Setback – MF
Adjacent
Interior Side
Setback – SF
Adjacent
Street Side
Setback
Claremont 25’ 8’ 8’ 15’
Upland 20’ 5’ 5’ 5’
Glendora 20’ 5’ first story/ 10’ for
two-story
5’ first story/ 10’
for two-story
20’
Monrovia
25’ 10% of lot width, 5’
min & 15’ max for
first story / 5’ or 8’ for
every additional story
10% of lot width,
5’ min & 15’ max
for first story / 5’
or 8’ for every
additional story
10% of lot width,
10’ min & 15’
max
Arcadia 25’ 10’ 10’ 25’
Duarte 30’ 5’ 5’ 10’
Covina
20’ 5’ for first story & 10’
for second or higher
5’ for first story &
10’ for second or
higher
12.5’ for first
story & 17.5’ for
second or higher
La Habra
15’ 5’ for first two stories/
10’ for third story
5’ for first two
stories/ 10’ for
third story
10’ for first two
stories/ 15’ for
third
San
Dimas 25’ 20’
20’ for single
story, 30’ for two
or more stories
20’
Currently, the SDMC calls for a front yard setback with an average depth of 25 feet and a depth of not less than 15 feet. The required front yard setback may not be used to provide the required open space and must be landscaped. Typically front yard landscaping includes planters, trees, shrubs and decorative landscaping features, which creates a large area that is generally unused by residents and takes away from the developable area on a lot. Staff is proposing to reduce the front setback to 15 feet. This would be slightly less than surrounding cities but would still provide an area for landscaping, while also improving the development capability and space for open green areas on MF zoned lots. Staff would work with applicants as projects were being developed to ensure that the landscaping improves both the visual aspect of the property and improves the streetscape.
Staff is additionally proposing to reduce the required side yard setback for MF zoned properties. Currently, the SDMC requires a 25 foot side yard setback when a given property is not adjacent to a single-family zoned property. Staff is proposing to reduce this to 15 feet. When a given property is adjacent to single-family zoned properties, the Code currently requires a 20 foot side yard setback for single-story structures and 30 feet for two (2) or more stories. Staff is proposing to reduce this setback to 15 feet for the first story and 20 feet for the second and third story. This again provides for more developable area on the lot, while still maintaining setbacks that provide for adequate spacing between structures on adjacent properties. When a property has a side property line adjacent to a public street, the code requires a 25 foot setback. As this setback further impacts the development of MF zoned lots, Staff is proposing to reduce the street side setback to 15 feet to match the proposed front yard setback.
Table 2 – Setback Requirements of Nearby Cities
Attachment 3
MCTA 22-0003 – Consideration of a Municipal Code Text Amendment Page For the Meeting of September 1, 2022
5 Table 3 – Existing Code Text and Proposed Changes
Lastly, Staff is proposing to remove language from the SDMC which requires buildings over two (2) stories in height to provide a setback from single family residential zones and public streets that is at least equal to the height of the building. This could create setbacks in excess of 40 feet for any three-story multiple family development, which would be excessive in the opinion of Staff. All the proposed revisions to Chapter 18.42 MultipleFamily (MF) Zone are provided in Exhibit A to the resolution. See Table 3 below for a comparison of proposed to existing amendments being proposed.
Current Standard Proposed Standard
Open Space 30% of total lot 300 square feet per unit (reduced to 200 square feet with a 100
square foot balcony/patio)
Front Average of 25 feet, not less
than 15 feet
15 feet
Rear 20 feet 20 feet
Side (SF Adjacent) 20 feet for 1st story, 30 feet for
2nd and 3rd story
15 feet for 1st story, 20 feet for 2nd
and 3rd story
Side 20 feet 15 feet
Street Side 25 feet 15 feet
ENVIRONMENTAL REVIEW
Per Section 15061(b)(3) of the California Environmental Quality Act and CEQA Guidelines, it has been determined that his action is not a project under CEQA, as there will be no potential for causing a significant effect on the environment.
Respectfully submitted,
Ken Fichtelman,
Associate Planner
Attachments:
1 Resolution PC-1654
2 Applicant’s Letter
3 Planning Commission Staff Report & Minutes from May 19, 2022 Attachment 3
CITY OF SAN DIMAS
PLANNING COMMISSION
MINUTES
Regularly Scheduled Meeting
Thursday, September 1, 2022 at 7:00 p.m.
245 East Bonita Avenue, City Council Chamber
PRESENT
Chairman David Bratt
Vice-Chairman John Davis
Commissioner Margie Green
Commissioner Ted Ross
Commissioner Tomas Molina
Director of Community Development Henry Noh
Planning Manager Luis Torrico
Senior Planner Marco Espinoza
Associate Planner Ken Fichtelman
Planning Intern Thuy Cao
Senior Administrative Analyst Kimberly Neustice
CALL TO ORDER AND FLAG SALUTE
Chairman Bratt called the regular meeting of the Planning Commission to order at 7:00 p.m. and Commissioner Green led the flag salute.
COMMISSION BUSINESS
1. Commissioners Davis and Molina were sworn in to serve a 2-year term on the Planning Commission.
2. Selection of Chair and Vice Chair – Commissioner Green recommended Commissioner Bratt serves Chairman and Commissioner Davis serves as Vice-Chairman of the Planning Commission, seconded by Molina. Approve 5-0
PUBLIC HEARING
3. Conditional Use Permit 22-0001 – A request to allow the operation of a Jiu Jitsu Martial Arts Training use for the property located at 744 W. Arrow Highway within the Commercial Highway (C-H) Zone. (APN: 8386-007-049)
Staff report presented by Planning Intern Cao recommending approval. Planning Intern Cao notified the Commission that there was a change to the Conditions of Approval for the CUP.
Condition number 15 showed the hours of operation as 9:00 a.m. to 11:30 p.m. but the applicant is only asking to be open until 9:00 p.m. A revised resolution has been given to the Commission.
Vice-Chairman Davis asked if there are any parking issues in the center at this time.
Planning Intern Cao stated there are currently no parking issues.
Attachment 3
Planning Commission Minutes Page 2
September 1, 2022
Vice-Chairman Davis asked if there’s a reason why the Resolution changed from 11:30 p.m. to 9 p.m. Wouldn’t they rather have the option to stay open later.
Planning Intern Cao stated that the Resolution was based on what the applicant asked for but that the Commission could decide to keep the hours as is.
Commissioner Ross asked why they are leaving the Via Verde Center.
Planning Intern Cao stated that there were two owners for the original location and one owner is opening his own studio at this location the other owner keeps his studio in Via Verde.
Commissioner Molina stated that he was concerned about the 11:30 p.m. closing time so he drove to the Via Verde Center while it was dark and noticed that the center is not well lit. He is concerned about safety issues should they decide to allow them to stay open until 11:30 p.m.
Chairman Bratt asked about the parking ratio used of 1 spot for every 250 square feet, why is it the same ratio as retail establishments.
Planning Manager Torrico stated that it’s just coincidence that the code section for a training center and a retail center uses the same ratio.
Chairman Bratt opened the public hearing.
There were no speakers
Chairman Bratt closed the public hearing.
MOTION: Moved by Commissioner Davis, seconded by Green to recommend approval of Conditional Use Permit 22-0001 and Resolution PC-1653. Motion carried 5-0.
RESOLUTION PC-1653
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SAN DIMAS, COUNTY OF LOS ANGELES
APPROVING CONDITIONAL USE PERMIT 22-0001, A
REQUEST TO ALLOW THE OPERATION OF A JIU JITSU
MARTIAL ARTS TRAINING USE FOR THE PROPERTY
LOCATED AT 744 W. ARROW HIGHWAY WITHIN THE
COMMERCIAL HIGHWAY (CH) ZONE (APN: 8386-007-049)
4. Municipal Code Text Amendment 22-0003 – A consideration of a Municipal Code Text Amendment to amend Chapter 18.42 Multiple-Family (MF) Zone to reduce the required amount of open green areas/open space, and the required front and side yard setbacks for developments in the MF Zone.
Staff Report presented by Associated Planner Fichtelmen recommending approval of Resolution PC-1654.
Attachment 3
Planning Commission Minutes Page 3
September 1, 2022
Commissioner Molina asked if that would make the side setbacks 15-feet on both sides or could they do 10-feet on one side and 5-feet on the other for a total of 15- feet combined.
Director of Community Development Noh stated that this proposal is for 15-feet on each side.
Vice-Chairman Davis asked if staff would consider stepping the third story back further on the front setback.
Associate Planner Fichtelman stated that it is unlikely that the City would receive a proposed development request for a three-story building. The parcels that are left in the City aren’t large enough to accommodate three story buildings. Staff thought the 15-foot setback for the first story and the 20-foot for the second and third stories creating would be enough and are still more than what other cities require for setbacks.
Chairman Bratt wanted clarification on the setbacks when you talk about a 15-feet for first floor, 20-feet for second floor, that means that the second-floor area would be smaller in square footage than the first floor.
Associate Planner Fichtelman stated that was correct.
Commissioner Green asked if they were to put a balcony on the house would that count as part of the second-floor setback.
Associate Planner Fichtelman stated that the balcony doesn’t count towards the second story setback but it still wouldn’t be able to be further than the 15-foot setback.
Chairman Bratt opened the public hearing.
There were no speakers
Chairman Bratt closed the public hearing.
Chairman Bratt stated that he believes that this MCTA makes sense and works for both the City and the developer.
RESOLUTION PC-1654
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 22-0003, AN
AMENDMENT TO CHAPTER 18.42 MULTIPLE-FAMILY (MF)
ZONE, OF THE SAN DIMAS MUNICIPAL CODE TO REDUCE
THE REQUIRED AMOUNT OF OPEN GREEN AREAS/OPEN
SPACE, AND FRONT AND SIDE YARD SETBACKS.
MOTION: Moved by Commissioner Green, seconded by Ross to approve Resolution PC1654 recommending approval of Municiple Code Text Amendment 22-0003 to the City Council for approval. Motion carried 5-0
Attachment 3
Planning Commission Minutes Page 4
September 1, 2022
5. Municipal Code Text Amendment (MCTA) 22-0004 – A request to amend Specific Plan No. 25, Area 1, Chapter 18.542 to allow two-story residences on every lot, and to allow certain accessory structures and uses within the proposed “No Build Area – Modified” of Lots 7, 8 & 20 of Tract 70583-02.
Staff report presented by Senior Planner Espinoza recommending approval of Resolution PC1652.
Chairman Bratt opened the public hearing.
Mr. Stringfellow is representing the owner and is there to answer any questions.
Commissioner Molina asked how many lots were left to sell.
Mr. Stringfellow stated that a he is not sure but that a number of the lots have been sold as custom homes and those owners are waiting to see what happens with this MCTA before submitting their projects.
Commissioner Ross asked if this change will help accelerate their sales.
Mr. Stringfellow stated that he doesn’t know.
Vice-Chairman Davis asked who controls the architectural review for the homeowner’s association.
Mr. Stringfellow stated that an architectural review board does and he is a member of the board.
Senior Planner Espinoza stated that there are recorded design guidelines that still have to be followed for proposed development and that will help with the architectural review.
Chairman Bratt previously opposed the change but after viewing the development in person and doing extra research by driving around the City and looking up at the development, he feels that people won’t be able to see the proposed second story changes.
Mr. Stringfellow wants to make sure that the commission understands what’s being proposed for lots 7, 8 and 20 and would be happy to answer any questions regarding the MCTA of these lots.
Chairman Bratt closed the public hearing.
RESOLUTION PC-1652
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 22-0004, A REQUEST TO AMEND SPECIFIC PLAN
Attachment 3
Planning Commission Minutes Page 5
September 1, 2022
NO. 25, AREA 1, CHAPTER 18.542 TO ALLOW TWO-STORY
RESIDENCES ON ALL LOTS, AND TO ALLOW CERTAIN
ACCESSORY STRUCTURES AND USES WITHIN THE PROPOSED
NO BUILD AREA – MODIFIED OF LOTS 7, 9, & 20 OF Tract 70583- 02 ON THE PROPERTIES LOCATED WITHIN SPECIFIC PLAN NO.
25, AREA 1.
MOTION: Moved by Commissioner Ross, seconded by Davis to approve Resolution PC1652 recommending approval of Municipal Code Text Amendment 22-0004 to the City Council for approval. Motion carried 5-0
6. General Plan Amendment (GPA) 22-0001 – A request for the Planning Commission to recommend adoption of the 6th Cycle Housing Element to the City Council.
Staff report presented by Associate Planner Fichtelman recommending approval of Resolution PC-1655.
Director of Community Development Noh reminded the commission that the State housing requirements for the number of housing units are strictly for the City to identify locations for units to be built, not for the actual development of the units.
Chairman Bratt clarified that the Housing Element will require the identified sites to be rezoned.
Associate Planner Fichtelman confirmed that was true but rezoning wouldn’t necessarily take away current uses but add options by adding uses to that zone.
Commissioner Molina stated that he read somewhere that the historical growth of the City has been 2% each year but that HCD is stating in their reports that it will be 10%. Are they just hoping that the population will increase that much and if we don’t show housing growth to cover that will it be an issue.
Associate Planner Fichtelman stated it will not be an issue because the Housing Element is based on the number of units that have been assigned to each city.
Commissioner Molina stated that our proposed sites are pretty much in the downtown area.
Would it be possible that HCD asks us to spread the sites out more throughout the City.
Associate Planner Fichtelman stated that we are not trying to make any of the sites disproportionately low income but that these units will be mixed into developments that have market rate units. The other reason that the sites are centered around the downtown area is because of the Gold Line coming through making the sites more transit oriented for working families.
Director of Community Development Noh stated that the Housing Element and Downtown Specific Plan are currently being developed and the Downtown Specific Plan will stand as the development standards for the downtown and for most of these sites. Unfortunately, the State continues to pass laws which increase the density, especially around transit centers.
Attachment 3
Planning Commission Minutes Page 6
September 1, 2022
Vice-Chairman Davis asked if the City is getting credit for units that are currently being built.
Associate Planner Fichtelman stated that yes we will get credit for any units finaled after January 1, 2021.
Vice-Chairman Davis asked if there are any proposed sites that would rezoned to be a higher density.
Associate Planner Fichtelman stated yes and stated that The Trails Apartments are looking to develop an undeveloped portion of their site into higher density apartments as well as demolishing a few existing buildings to build higher density buildings.
Vice-Chairman Davis asked about the 2030 Housing Element cycle, if we would need to find additional sites to cover the added units that the State would require the City to identify.
Director of Community Development Noh stated that HCD does allow for the reuse of some sites from previous housing elements by providing an affordable overlay on the existing zone.
HCD has been looking at the proposed sites more meticulously on this cycle than they have in the past.
Vice-Chairman Davis asked what the process is from here such as a zone change.
Director of Community Development Noh stated that a zone change would happen but the first step is to get the Housing Element adopted by HCD and after that happens then that starts the process of rezoning.
Vice-Chairman Davis stated that by adopting the Housing Element by a certain date, HCD will extend the timeframe of rezoning for another couple of years.
Associate Planner Fichtelman stated yes, we wouldn’t be able to do the rezoning in the original time frame given by HCD so by adopting the Housing Element now would extend the timeframe to rezone.
Vice-Chairman Davis asked what the consequences are for not getting it done in the time frame.
Director of Community Development Noh stated that we would be out of compliance and the State codes would supersede our codes regarding development, we could lose housing and transportation funds and there would be a possibility of lawsuits. The main reason we are bringing this forward is so that we can tell HCD that we have an adopted Housing Element to get the extended timeframe for rezoning. We will come back to Planning Commission and City Council once we have a certified housing element from HCD.
Vice-Chairman Davis stated that overlay zones used to be popular. What we are proposing is what Planning Commission and City Council approved before with some modifications given by HCD but proposed sites haven’t changed.
Attachment 3
Planning Commission Minutes Page 7
September 1, 2022
Associate Planner Fichtelman confirmed the sites haven’t changed and the core of the document hasn’t changed but we had to provide more details.
Chairman Bratt opened the public hearing.
Speaker 1 – One of the property owners located at site #5, 279 E Arrow Highway. Asked if Site 5 includes the service station.
Associate Planner Fichtelman stated yes, it includes the service station.
Speaker 2 - Asked if he were to sell his land to a developer, would the developer be allowed by the City to add additional stories.
Associate Planner Fichtelman states probably not. The Downtown Specific Plan, which is currently being developed, will determine various design criteria for development within the downtown such as the number of stories and affordability requirements.
Chairman Bratt closed the public hearing.
RESOLUTION PC-1655
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SAN DIMAS, COUNTY OF LOS ANGELES, RECOMMENDING
TO THE CITY COUNCIL THE ADOPTION OF A NEGATIVE
DECLARATION AND APPROVAL OF GENERAL PLAN
AMENDMENT 22-0001, ADOPTING THE 6TH CYLCE HOUSING
ELEMENT UPDATE FOR THE 2021-2029 PLANNING PERIOD.
MOTION: Moved by Commissioner Davis, seconded by Green to recommend approval of Tentative Parcel Map 21-0002 to the City Council for approval. Motion carried 5-0
ORAL COMMUNICATIONS
1. Community Development Department
Director of Community Development Noh gave updates on projects. • Gold Line update
• Dixie Rose has started construction
2. Members of the Audience
No communications were made.
Attachment 3
Planning Commission Minutes Page 8
September 1, 2022
3. Planning Commission
No communications were made.
ADJOURNMENT
MOTION: Moved by Davis, seconded by Molina. Motion carried 5-0-0). The meeting adjourned at 8:46 p.m. to the regular Planning Commission Meeting scheduled for Thursday, September 15, 2022.
________________________________
David A. Bratt, Chairman
San Dimas Planning Commission
ATTEST:
_______________________
Kimberly Neustice
Senior Administrative Analyst
Approved:
Attachment 3
Attachment 4
Attachment 4
Attachment 4
Attachment 4
Attachment 4
Attachment 4
Attachment 4
Attachment 4
Planning Commission
Staff Report
To: Honorable Chair and Members of Planning Commission
For the meeting of May 19, 2022
From: Henry Noh, Director of Community Development
Prepared by: Ken Fichtelman, Associate Planner
Subject: Initiation of a Municipal Code Text Amendment to amend Chapter 18.42 Multiple-Family (MF) Zone to reduce the required amount of open green areas/open space for new multi-family developments.
______________________________________________________________________
BACKGROUND
Staff has been working with the Applicant, David Yashar, on preliminary plans for a new multi-family development at 912 N. San Dimas Avenue, located within the Multiple-Family (MF) Zone. Initial comments were provided on the preliminary plans, one of which is compliance with the MF zone’s open space requirement, which requires that 30% of the lot be maintained as usable open green areas. The requirement significantly limits development of the site; therefore, on April 4, 2022, the Applicant submitted an application to request an initiation for a Municipal Code Text Amendment (MCTA) to amend Chapter
SUMMARY
Chapter 18.42 of the Municipal Code implements the development standards within the Multiple-Family zone. One of the development standards regulates the amount of useable open space that any new multi-family residential project must provide on-site. Currently, a minimum of 30% of a lot must be set aside and maintained as useable open space.
Staff has received an application to initiate a Municipal Code Text Amendment to amend Chapter 18.42 Multi-Family (MF) Zone to reduce the amount of useable open space that a new multi-family development must set aside and maintain as part of a new development.
Staff recommends that the Planning Commission initiate a Municipal Code Text Amendment to amend Chapter 18.42 Multiple-Family (MF) Zone to allow for a reduction in the amount of open green areas/open space required for new multifamily developments.
Attachment 5
MCTA 22-0003 – Initiation of a Municipal Code Text Amendment Page May 19, 2022 Planning Commission Meeting
2 18.42 Multiple-Family (MF) Zone, to reduce the amount of open green areas/open space required for new multi-family developments within the MF Zone.
DISCUSSION/ANALYSIS
The requested initiation is to allow submittal of MCTA application to amend Section
18.42.050(H) of the San Dimas Municipal Code (SDMC). Currently, the SDMC calls for a minimum of 30% of the total lot area to be set aside and maintained as usable open green areas/open space. This open green area may not include the front setback, which must average 25 feet deep, and may only include the rear or side yard setbacks through the issuance of a Conditional Use Permit. While providing open green area as part of multifamily developments is appropriate, the Code’s current requirement can be somewhat burdensome. For example, a 10,000 square foot lot with a proposed four (4) unit development (the maximum number of units that could realistically be developed in the MF zone on a lot of that size) would need to provide 3,000 square feet of usable open green area, or 750 square feet per unit under this example. The 3,000 square feet would not include any of the front yard and the development would still need to provide for driveways and parking, which would significantly limit the amount of buildable area.
The Applicant, is his application letter, is proposing that the City reduce the amount of open green area required for new multi-family developments to 15%. In order to provide the Planning Commission the context needed to determine if a MCTA is warranted, Staff has surveyed nearby and similar cities to understand how they approach open green areas/open space within their multi-family zones (See Table 1).
City Open Space Requirement Private Space Requirement
Claremont 400 sq ft per bedroom Included in open space
Upland 250 sq ft per unit 100 sq ft per unit
Glendora 400 sq ft per unit No additional space required Monrovia 40% (RM Zone), 20% (RH Zone) of
gross unit floor area
At least half shall be private space
Arcadia 100 sq ft per unit No additional space
Duarte 200 sq ft per unit 200 sq ft/100 sq ft (Lower/upper) Covina 120 sq ft per unit 100 sq ft
La Habra 400 sq ft per unit 250 sq ft
San Dimas 30% of lot area No additional space required
As seen in the table above, there is a great deal of variation in the amount of open green area/open space that cities require. The City of San Dimas’ current requirement would place it among the cities requiring the most open space per unit, with only Claremont requiring more open space, as their minimum amount is based on number of bedrooms.
The City’s amount of required open space makes it difficult to adequately develop residential projects in the MF zone, as it significantly reduces the amount of buildable area.
This an example of a residential development constraint that the Department of Housing and Community Development (HCD) is requiring to be addressed in City’s current Housing Element update. One of HCD’s comments on the City’s Draft Housing Element requires Table 1 – Open Space Requirements of Nearby Cities
Attachment 5
MCTA 22-0003 – Initiation of a Municipal Code Text Amendment Page May 19, 2022 Planning Commission Meeting
3 Staff to analyze all relevant land use controls and development standards to ensure they do not create constraints on residential developments. Due to this comment, one of the Housing Programs included in the Draft Housing Element Update requires City Staff to review, and if necessary, revise development standards, such as the MF zone’s open space requirement, to ensure it is not an impediment to residential development.
Therefore, this amendment would address one of HCD’s concerns. In addition, Table 1 above demonstrates that the City of San Dimas’ open space in not just inconsistent, but among the highest when compared to surrounding cities. As previously mentioned, providing the appropriate amount of open space to ensure quality multi-family residential developments is acceptable, but it should not negatively impact development.
Should the Planning Commission initiate the MCTA, Staff will perform a comprehensive review of neighboring and similar city’s municipal codes to ensure that any new code text provides for more flexibility for new developments while still maintaining the high standards that San Dimas is known for. Staff would also work to ensure that any new open space requirement still provides for the on-site space and amenities that residents would require.
Furthermore, amending the Code to reduce the City’s current open space requirement would be appropriate, as it would address one of HCD’s development concerns and be consistent with the City’s Draft Housing Element, and would be compatible with majority of the surrounding cities.
ENVIRONMENTAL REVIEW
The request to initiate the MCTA does not count as a project for CEQA purposes, and is therefore not subject to CEQA review.
FISCAL IMPACT
No fiscal impact to the City is foreseen.
RECOMMENDATION
Staff recommends that the Planning Commission initiate a Municipal Code Text Amendment to amend Chapter 18.42 -Multiple-Family (MF) Zone to allow for a reduction in the amount of open green areas/open space required for new multi-family developments.
Respectfully submitted,
Ken Fichtelman, Associate Planner
Attachments:
Exhibit A - Applicant’s Letter
Exhibit B - Chapter 18.42
Attachment 5
Attachment 5
Attachment 5
Attachment 5
Attachment 5
5 . HOUSING PLAN
City of San Dimas | General Plan
2021 - 2029 Housing Element 5-21
D. Housing Programs
Housing programs define the specific actions the City will undertake to achieve the stated goals and policies and are organized around the City’s housing goals. able HE-5.4 at the end of this section summarizes program objectives, funding sources, the agency responsible for implementation, and policy addressed.
Housing and Neighborhood Preservation
1. Housing Code Compliance
The City’s Building Code, Housing Code, Property Maintenance Code, and other regulations establish minimum standards for the construction and maintenance of buildings, property, and structures. The City’s Code Compliance program enforces these regulations to protect the health, safety, and welfare of the public, maintain quality neighborhoods, and improve housing security and safety for all.
To encourage and facilitate code compliance, the City provides information about the ongoing grant program to address code violations. In addition to City codes, homeowners may need to comply with Codes, Covenants, and Restrictions adopted by neighborhoods that are more restrictive than city codes. CC&Rs are enforced by the respective associations and are outside the purview of City staff.
Objective(s):
■ Conduct property inspections and resolve up to 200 cases annually, focusing in broader downtown
■ Require adherence to local property regulations and requirements ■ Inform residents of available resources to address code violations
2. Home Rehabilitation
The City’s Single-Family Rehabilitation Program offers financial assistance for repairing repairs to address conditions that are detrimental to health and safety.
Grants are restricted to lower income households. The maximum repair grant amount is $7,500 under the CDBG program and $3,000 under the Mobile Home Rehabilitation Program. Eligible use of funds includes roofing, electrical, heating/air conditioning, termite fumigation, windows and doors, and other improvement needs. Occupancy restrictions apply. This program helps to improve housing security, reduce potential displacement concerns, address disproportionate housing needs among lower income residents, and address place-based investment needs one home at a time in older areas.
Objective(s):
■ Provide financial assistance for 10 home rehabilitation projects annually ■ Provide financial assistance for 15 mobile home rehabilitation annually ■ Provide financial assistance for 10 mobilehome chair lifts annually ATTACHMENT 3
5. HOUSING PLAN
City of San Dimas General Plan
2021 - 2029 Housing Element 5-22
3. Historic Preservation
San Dimas has a rich history that is reflected in its older downtown core area, bordered generally by Gladstone Street, Walnut Avenue, Arrow Highway, and Amelia Avenue. Approximately 300 properties were identified in a local historic resource survey in the early 1990s, and additional homes may also qualify as historic since then. The City encourages preservation of these structures through state programs; additional incentives to encourage preservation may be available.
One state program, the Mills Act, enables the owner of a structure listed as historically significant by the City to agree with the City to preserve, maintain, and possibly rehabilitate the home. The benefit to the homeowner is a substantial reduction in property taxes for historic properties that qualified after Prop 13. The City implements its Town Core Design Guidelines to guide the construction and alteration of residential structures and preserve the architectural features, and character of historic homes and commercial and mixed-use areas in San Dimas.
Objective(s):
■ Implement Town Core Design Guidelines; make available on the website and with brochures at the planning counter
■ Encourage preservation of historic homes by marketing the Mills Act and by making available brochure on the City's website and planning counter ■ Consider codifying the Mills Act into the Municipal Code to facilitate in the preservation of historic homes
4. Neighborhood Beautification
Maintaining a high quality of life in residential neighborhoods is a high priority for residents and businesses. San Dimas neighborhoods offer a high quality of life, and most of the city’s housing stock is in good condition. Historically, the City provided neighborhood clean-up along with funds for minor housing repairs within targeted neighborhoods that could benefit from focused beautification work. The program, funded by federal CDBG assistance, provided an effective tool to stimulate neighborhood participation and revitalization. With changes in CDBG regulations, however, the beautification program no longer qualified for federal funding and therefore was put on hold until funding is acquired. Still, targeted efforts are needed to improve the quality of life in select neighborhoods, focusing on aging infrastructure, community facilities, and repairing older homes. Neighborhood beautification efforts and a community survey of needs will help to address the need for place-based investment one home at a time.
Objective(s):
■ Consider reestablishment of the Neighborhood Beautification program ■ Identify areas needing improvement through a survey
■ Seek additional sources of funding to reestablish the program
5 . HOUSING PLAN
City of San Dimas | General Plan
2021 - 2029 Housing Element 5-23
Balance in Housing Types
5. Housing Sites Inventory
The City will rezone acreage shown in Program 7 to a residential and mixed use zoning, allowing density ranging from 25 to 45 units per acre by June 30, 2024.
Rezoned sites will permit owner-occupied and rental multifamily uses by right per GC §65583.2 (h) and (i) for developments in which 20% or more of the units are affordable to lower income households. Sites will be selected from Appendix A and will have capacity to accommodate at least 16 units and be available for development with infrastructure in the planning period. Site capacity will incorporate density performance standards (See Program #7) and zoning will establish development standards that encourage maximum density.
Objective(s):
■ Maintain an inventory and map of sites available for residential development and provide at the front counter upon request
■ Rezone sites (see Program #7) within two years of adoption of the housing element or upon adoption of the DTSP, whichever is earlier ■ Monitor sites to accommodate the unmet RHNA. If there are insufficient sites, rezone sites within 180 days of findings to ensure needed capacity
6. Accessory Dwellings (ADU)
In 2020, the City adopted Ord No. 1281 to facilitate prouction of ADUs and make its municipal code consistent with recent changes in state law, including removal of the covenant requirement. Based on current trends, 25 ADUs will receive permits annually and be built in higher resource areas, improving housing mobility and integrating affordable housing in higher resource/income neighborhoods.
Objective(s):
■ Monitor and record progress in ADU production and affordability on the housing element APR by April 1 of every calendar year. Monitor and make adjustments if needed at least twice in the planning period, in 2024 and 2027 ■ Adopt ADU incentives (e.g., expedited review and processing, increased marketing, waive permit issuance fees, development standard modification, expanded technical assistance for applicants, and improve/expanded ADU brochure) to encourage production of ADUs per AB671
■ Distribute a flier educating HOAs in north and southern San Dimas about benefits of ADUs, process for securing ADUs + incentives available. Seek to see 40% of new ADUs in those areas.
■ If after 1 year ADU production and affordability is below the projected annual average, staff will market the City’s ADU program in the City’s newsletter for one year, or until the production exceeds the projected annual average. If the deficit persists after 2 years, the City will rezone additional sites if needed
5. HOUSING PLAN
City of San Dimas General Plan
2021 - 2029 Housing Element 5-24
7. Downtown Specific Plan
San Dimas envisions a downtown that provides a vibrant and pedestrian-oriented environment containing shopping, entertainment, and housing for residents. Such an opportunity would capitalize on the Gold Line extension and the economic activity that accompanies rail construction. To capitalize on these benefits, San Gabriel Valley cities have discovered that specific plans create the integrated design, regulatory, and development contexts that enable vibrant downtowns. To improve housing mobility, provide affordable housing, and improve access to transit and economic opportunity, the City is preparing a downtown specific plan, including broad outreach and engagement effort to residents, that will replace the Creative Growth Area, with completion slated by 2023.
Objective(s):
■ Create general plan residential and mixed use land use/zoning designations and rezone up to 94 acres as follows:
> 12-16 du/ac: 5.5 acres multifamily housing
> 16-25 du/ac: 2.5 acres multifamily housing
> 25-35 du/ac: 5.8 acres multifamily housing; 7.3 acres mixed use > 35-45 du/ac: 5.9 acres multifamily housing; 34.6 acres mixed use > 45-55 du/ac; 21.5 acres for multifamily housing; 11.3 acres mixed use ■ Assign performance standards of 50 to 75% residential uses as specified on sites shown in Appendix B that are needed to accommodate the RHNA ■ As part of zoning designations, establish developments standards that encourage and facilitate achieving maximum densities.
8. Residential Design Guidelines
City staff use SMDC standards and guidelines to ensure well-designed projects.
The City is drafting objective development and design standards (ODDS) to provide greater clarity regarding site planning, building location, relationships to other structures on a property, streetscapes, architectural design, and sustainable site development and design. ODD standards will provide a clear and quantifiable direction to streamline the review process by removing subjective design review processes and providing a clear entitlement path for the applicant/ developer. In addition, these standards will improve development certainty and mitigate cost impacts, as projects can be designed to these standards and not require time consuming and costly revisions. Approval and implementation of ODDS will assist in removing constraints to facilitate multi-family development.
Objective(s):
■ Prepare, adopt, and approve ODDS for projects within the DTSP, and for all other multi-family and mixed-use properties citywide in 2023 ■ Also in 2023, modify approval findings, administrative procedures or other rules to ensure that meeting objective standards satisfies approval findings.
5 . HOUSING PLAN
City of San Dimas | General Plan
2021 - 2029 Housing Element 5-25
Market and Regulatory Constraints
9. Density Bonus Law
Last revised in 2013, Chapter 18.22 of the SDMC sets forth the City’s provisions to implement State density bonus law. In summary, applicants of residential projects with five or more units may apply for a density bonus and additional incentive(s) if the project meets one of the following criteria: 1) 10 percent of units affordable to lower income households; 5 percent of units affordable to very low income households, an age-restricted senior citizen housing project or mobile home park., or 10 percent of units in a condo project for moderate income households.
The density bonus varies according to set criteria, but generally ranges from 20 to 35 percent above the General Plan density. In addition to the density bonus, eligible projects may receive one to three additional development incentives, depending on the proportion of affordable units and level of income targeting. In addition to these incentives, developers may receive parking space reductions as prescribed in state law and local regulations.
Objective(s):
■ Review and revise the City’s density bonus regulations to ensure consistency with changes in state law (e.g., AB 2345).
10. MF Development Standards
In 2013, the SDMC Chapter 18.44 created a MF-30 residential zone to allow apartments, condominiums, townhomes, and senior housing by right at a minimum density of 30 du/acre. In 2014, this zone was used to facilitate the development of the Avalon Apartments. However, the frequency of its use has been limited due to standards that preclude achieving maximum project density.
Specifically, the parking space requirement for studio and one-bedroom units, open space along with on-site drainage requirements, and building spacing constrains the ability of the project to achieve maximum density of the zone.
Moreover, in lower density MF Zones, the development of smaller lot projects appears constrained by the open space and setback requirements. As a means to reduce barriers to housing and facilitate quality development, The City will therefore study and propose options for addressing these constraints.
Objective(s):
■ Revise MF-30 parking standards (e.g., studio and 1-bedroom unit parking) and other lot standards that constrain the achievement of maximum density ■ Review and revise open space and setback standards in the MF Zone that constrain the development of smaller multiple-family housing projects
5. HOUSING PLAN
City of San Dimas General Plan
2021 - 2029 Housing Element 5-26
11. Lot Consolidation
The housing element land inventory contains smaller lots that could be combined to make larger sites with shapes more conducive for development. This is especially the case in the downtown area, where the parcels are generally substandard in terms of width or depth. In these cases, lot consolidation offers the opportunity for property owners to develop projects that generate a higher return on investment and yield projects that have greater communitywide benefits. Lot consolidation involves merging existing parcels into fewer parcels through the elimination or modification of shared property lines to facilitate cohesive projects.
To reduce barriers to improving housing opportunity and choice, the City will draft a lot consolidation ordinance, along with incentives, to encourage the assemblage of sites desired to meet the RHNA. The intent is to use this tool, along with the proposed minor modifications and density bonus ordinances (Program 9 and 12), to facilitate and encourage development of sites to achieve the 2021-2029 RHNA.
Objective(s):
■ Waive lot consolidation planning fees to encourage the consolidation of lots desired to achieve the low and moderate income RHNA.
■ Draft and adopt a lot consolidation ordinance that encourages the development of housing sites to address the RHNA.
■ Review lot consolidation ordinance mid-term and modify or increase incentives if sufficient consolidations have not occurred.
12. Minor Modification Process
Allowing for creative designs in housing can benefit the community. The San Dimas Zoning Code (Chapter 18.24) implements a process for requesting modifications of development standards in the S-F Single Family Residential zone. The purpose is to promote residential amenities beyond those expected in a conventional development, to achieve greater flexibility in design, and to encourage wellplanned neighborhoods through creative and imaginative planning. In a built-out city, offering this type of flexibility can assist in facilitating the development of housing on sites that would otherwise be infeasible to develop, and allow for creativity in housing designs without requiring a variance and the associated findings required of a variance. The community could benefit from adopting a similar process for requesting minor modifications for multiple-family housing. To reduce barriers to housing development and increasing housing opportunity, the City will draft a minor modification ordinance for multiple-family developments.
Objective(s):
■ Extend Chapter 18.24 of the SDMC to include a similar process for granting minor modifications in residential or mixed use zones with either a MF-30 zoning designation or for sites within the DTSP.
5 . HOUSING PLAN
City of San Dimas | General Plan
2021 - 2029 Housing Element 5-27
13. Streamlined Permitting
Consistent with SB330, housing developments for which a preliminary application is submitted that complies with applicable general plan and zoning standards are subject only to the development standards and fees that were applicable at the time of submittal. This applies to all projects unless the project square footage or unit count changes by more than 20% after the preliminary application is submitted. The developer must submit a full application for the project within 180 days of submitting the preliminary application. The City offers predevelopment meetings prior to submission of formal applications to define the information needed to review a project, shorten the review process, and facilitate communication between applicants and City departments. The City currently defers to HCD for the required application process. To improve housing opportunity and reduce barriers (and affirmatively further fair housing), the City will adopt a streamlined permitting process.
Objective(s):
■ Establish a written policy or procedure to allow a streamlined approval process and standards for eligible projects, as set forth under Government Code 65913.4
■ Periodically review the process and, if needed, revise features of the process to ensure that statutory timelines are met
14. General Plan Updates
The 2021-2029 Housing Element relies on the preparation of a downtown specific plan and environmental impact report clearance to redesignate housing sites that are anticipated to accommodate the RHNA. However, larger general plan updates will be required to address existing and new changes to state law. As required under Government Code 65454, no specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan. The current general plan has a creative growth designation that allows for limited mixed uses. However, to implement the Downtown Specific Plan, the City will need to prepare a general plan amendment. In addition, new state law requires an update to the safety element and responsive goals to address climate change and resiliency as well as environmental justice. Upon completion of the housing element update, the City will need to commence subsequent focused updates to the general plan. These updates will ensure that the general plan is updated as required by state law and supports the City’s downtown plans.
Objective(s):
■ Amend the general plan, create an overlay, or other suitable tool to allow for the land uses envisioned for the downtown
■ Update the safety element to address, among other topics, climate change and resiliency and environmental justice
5. HOUSING PLAN
City of San Dimas General Plan
2021 - 2029 Housing Element 5-28
Assist in the Provision of Affordable Housing
15. Housing Choice Voucher (Section 8 or HCV)
The federal HCV program provides rental assistance to extremely low and very low income persons. The program offers a rent “voucher” equal to the difference between the current fair market rent and what a tenant can afford to pay (i.e., 30 percent of their income). A tenant may choose housing that costs above the 30 percent payment standard if they pay the extra rental cost. Housing vouchers can be allocated to specific projects (project-based vouchers) or allocated to renters (tenant-based voucher), who can use the voucher for any home registered with the Housing Authority. Housing vouchers are accepted at Monte Vista, Charter Oaks, and at Sunnyside. As a means for improving housing mobility and security, the City will encourage participation in and market the program to residents.
Objective(s):
■ Participate in federal HCV program, maintain up to 150 vouchers contingent on continued levels of HUD funding, and take actions to obtain 25% increase ■ Augment advertising by posting a web link to the LA County portal of available affordable housing, preparing a housing resource brochure advertising the program, and publicizing at City Hall and on City website ■ Distribute a flier educating apartment properties, landlords, HOAs, and condo associations about source of income protection in north and south San Dimas
16. Mobile Home Preservation
San Dimas has over 900 mobile home units within its five mobile home parks. The City purchased the 186-space Charter Oaks Mobile Home Park in 1998 and offers a space rental credit program to provide affordability for lower income residents.
The Housing Authority dedicates funds to make capital improvements at the park.
All mobile home parks are regulated by the Mobile Home Accord, which establishes maximum rents and provides a fair method for resolving disputes. The current Accord runs from 2021 thru June 2026. In addition, City ordinances govern the conversion of mobile home parks to condominiums, establishing specific noticing and other requirements to reduce the impact of conversions on residents.
As a means to prevent displacement and improve housing security, the City will continue its mobilehome preservation program with the actions below.
Objective(s):
■ Continue to retain affordability of the Charter Oaks Mobile Home Park and regulate space rental credits
■ Renew the Mobile Home Accord every five years to provide stability in space rents for the five mobile home parks
■ Continue to make periodic capital improvements to the Charter Oaks MHP with housing authority funds
5 . HOUSING PLAN
City of San Dimas | General Plan
2021 - 2029 Housing Element 5-29
17. Preservation of Assisted Housing
San Dimas has four projects providing 133 rent-restricted units. Sunnyside Apartments will also convert the project to market rents in March 2024. To prevent displacement and improve housing security for lower income residents, the City will work toward preservation of at-risk units as follows:
■ Contact property owners within one year of the affordability expiration date to discuss the City’s desire to preserve the units
■ Coordinate with property owners to ensure notices to tenants are sent out at 3 years, 12 months, and 6 months as required per Govt Code §65863.10 ■ Where property owners express an interest in preservation, conduct an economic analysis to determine the cost of buying-down rents and reach out to qualified entities who might be interested in preservation ■ Coordinate technical assistance to preserve the projects long-term covenants with options for a rent buydown, rehabilitation assistance, and/or mortgage refinance in exchange for affordability controls
■ Work with tenants or contact specialists to provide tenant education regarding tenant rights and conversion procedures
Objective(s):
Initiate discussions with owners of at-risk properties. Based on the outcome, the City will: 1) coordinate with owners to ensure proper noticing; 2) reach out to qualified entities for preservation options; 3) coordinate technical assistance with property owners; and 4) work with contract specialists to educate tenants.
18. Inclusionary Housing
With the enactment of SB 166 (No Net Loss) and loss of redevelopment authority, many cities have explored inclusionary housing ordinances (IHO). This is because as developers use a city’s available sites, originally earmarked for low income units or market rate, cities must find additional sites to replace the sites. Typically, IHOs require 15 percent of new housing units built be available at an affordable housing cost and occupied by households of low (in the case of rental) or moderate (in the case of homeowners) income. In June 2022, the City entered into a contract with SGVCOG to complete: 1) a market evaluation and economic feasibility study; 2) recommendations for IHO programs; and 3) template IHO for the City.
Objective(s):
■ Prepare market evaluation and economic feasibility study of a 15 to 20 percent inclusionary requirement for rental and ownership units ■ Develop options for an in-lieu fee and expenditure policy that includes extremely low and very low income units
■ If inclusionary requirements are deemed feasible, draft an ordinance for consideration and adoption by City Council
5. HOUSING PLAN
City of San Dimas General Plan
2021 - 2029 Housing Element 5-30
19. Collaborative Partnerships
As a means of further leveraging housing assistance for lower and moderate income households, the City will encourage partnerships with local organizations and other government agencies that offer housing-related services, such as the development of affordable housing and homeless prevention services. These partnerships, among others, will help to provide and augment the financial and administrative resources needed to implement housing programs. These organizations and agencies will include, but not be limited, to the following:
■ Habitat for Humanity
■ San Gabriel Valley Council of Governments
■ San Gabriel Valley Regional Housing Trust (JPA)
■ Regional Center of Orange County
■ San Dimas Community Hospital
■ Southern California Independent Living
Objective(s):
■ Continue to work with current housing partners and, as needed, evaluate expanding partnership to augment administrative and financial resources ■ Evaluate the feasibility of joining the San Gabriel Valley Regional Housing Trust and, if beneficial, pursue membership status
20. Extremely and Very Low Income Households
Extremely and very low income households are one of the greatest need groups given their difficulty in affording housing and services. The City addresses the needs of this group in several ways. The City publicizes the County’s housing choice voucher program that targets rental assistance to this group (Program #15). City housing rehabilitation assistance targets this group (Program #2). The City works to renew the Mobile Home Accord every five years for this group (Program #16).
With respect to new housing, the City is increasing density for residential products to accommodate the lower income RHNA (Program #7) and will be evaluating, and if feasible, adopting an inclusionary ordinance (Program #18).
Objective(s):
■ Implement the County of Los Angeles rental voucher program to improve housing security for extremely low income households
■ Implement housing preservation (Mobile Home Accord and rehabilitation assistance) programs to improve housing security for lower income residents ■ Evaluate and draft IHO program to encourage affordable housing; prioritize programs and in-lieu fees to encourage development of ELI and VLI units; offer regulatory concessions to affordable projects providing ELI and VLI units ■ At least annually and ongoing basis, proactively contact affordable housing developers to identify and pursue opportunities and assist in development, including zoning for a variety of housing types, priority processing, incentives and funding (prioritizing or supporting).
5 . HOUSING PLAN
City of San Dimas | General Plan
2021 - 2029 Housing Element 5-31
Fair Housing Opportunity
21. Senior Housing
Senior citizens make up one quarter of San Dimas’ households. Many seniors live in single-family homes or mobile homes. Key housing needs include income support, home accessibility, affordable rent, property maintenance, and transit.
Addressing the needs of seniors requires strategies that foster independent living and provide supportive services. City ownership of the 186-space Charter Oak Mobile Home Estates and Monte Vista Place Apartments provide affordable housing for seniors. Integration of additional mixed-use housing in the Downtown within walking distance of services can also provide housing suitable for seniors.
To continue improving access to opportunities and housing security, the City will continue providing housing and support services to seniors noted below.
Objective(s):
■ Continue to actively pursue a range of housing options to address the diverse needs of senior citizens
■ Continue to offer housing security programs (housing rehabilitation grants, mobilehome preservation, etc.)
■ Continue to provide the senior center and associated health, education, transit, and other support services
22. Homelessness Plan
The City’s Plan to Prevent and Combat Homelessness has five goals with supporting actions—understand the needs of San Dimas’s homeless population, ensure homeless people are entered into the Regional Coordinated Entry System, expand and improve immediate housing solutions, expand opportunities for employment and workforce development, and explore options for preservation of existing affordable housing. Though the City has periodically amended the municipal code in compliance with changing state statutes to allow for emergency shelters, transitional and supportive housing, additional zoning code amendments and actions are needed to address state law requirements.
Objective(s):
■ Amend municipal code to amend definitions as needed and to allow supportive housing and low barrier navigation centers by-right in all zones where multifamily and mixed uses are permitted
■ Amend municipal code to amend definitions and permit transitional and supportive housing in all zones allowing residential uses like any residential use in the same zone in accordance with state law
■ Retain LACDA to provide (bi)weekly street outreach, housing navigation, mental health support, case management, homelessness prevention, and support services to connect clients to health services and housing
5. HOUSING PLAN
City of San Dimas General Plan
2021 - 2029 Housing Element 5-32
23. Housing for People with Disabilities
San Dimas has a sizable population of people with disabilities: 13 percent of residents living in housing report a disability, and additional residents living in institutional settings report a disability. San Dimas currently supports the provision of housing for its disabled population, including persons with developmental disabilities, through several means, including:
■ By-right zoning for licensed residential care facilities (6 or fewer residents) in all residential zones.
■ Procedures for an individual with a disability to request a reasonable accommodation from zoning and building standards.
■ Enforcement of requirements to improve accessibility in housing through the enforcement of building codes and ADA accessibility requirements. ■ Single-family rehabilitation grants that include funding for mobile home chair lifts to allow disabled residents to access their home.
Objective(s):
■ Implement housing programs to help address the diverse needs of persons living with disabilities, and work with regional service providers to publicize information on available resources for housing and services. ■ Amend zoning and permit procedures to allow group homes for seven or more persons in all residential zones with objectivity to promote approval certainty.
24. Zoning for A Variety of Housing Types
State housing element law requires that local governments have municipal code provisions that zone for a variety of housing types. While virtually all cities allow for conventional types of housing, state laws have additional provisions to address the special housing needs of homeless people, agricultural workers, and people with a disability among others. Following adoption of the housing element, the City will amend the SDMC to permit, consistent with state law, the following uses.
Objective(s):
■ Define and allow employee housing serving six or fewer residents in all zones allowing single-family homes accordance with Health & Safety Code § 17021.5 ■ Define and allow low-barrier navigation centers and supportive housing as a by right use in accordance with Gov't Code §65662 and §65650 ■ Amend zoning and permit procedures to allow group homes for seven or more persons in all residential zones with objectivity to promote approval certainty. ■ Allow transitional and supportive housing in all zones allowing residential uses in accordance with Govt Code §65583 (a)(4)(A); amend emergency shelter parking standards in accordance with AB 139
■ Define and allow single-room occupancy units (SROs) with a conditional use permit in the MF zones in accordance with Gov’t Code §65583 Mobile home chair lift
5 . HOUSING PLAN
City of San Dimas | General Plan
2021 - 2029 Housing Element 5-33
25. Fair Housing
AB 686 requires the City to identify meaningful actions to AFH. These actions shall address significant disparities in housing access and needs for all persons regardless of race, color, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability, and other characteristics protected by the California Fair Employment and Housing Act, Government Code §65008, and any other state and federal fair housing law.
Objective(s):
Implement actions in Table HE-3.10 that are intended to address the following issues and contributing factors to fair housing. Issues include:
■ Displacement due to housing insecurity (Programs #2, #15, #16, and #17) ■ Barriers to multiple-family housing (Programs #6–#12) ■ Barriers to special needs housing (Programs #22 and #24) ■ Work with HRC or other fair housing agency to provide annual workshops and trainings on fair housing laws, tenants’ rights, and responsibilities ■ Develop educational materials (webpage information) on who affordable housing serves and survey residents on preferred methods of outreach ■ Refer discrimination complaints and landlord tenant issues to the local fair housing provider and publish materials on the website regarding fair housing
26. Greater Downtown Place-based Program
As the oldest area in San Dimas, the Downtown area between Foothill Boulevard and Arrow Highway has the greatest concentration of housing and service needs along with diversity in income levels. In an effort to improve this area an in collaboration with programs #1, #2, #4, and #7, the City will continue to make reinvestments as needed to improve and maintain this area.
Objective(s):
■ Identify areas needing assistance in the broader downtown through a windshield and mail survey.
■ To the extent allowed, prioritize home rehab grants and loans to the greater downtown and areas of need identified by the windshield and mail survey ■ Coordinate with Habitat for Humanity, Life Pacific, and other partners to address minor housing repairs and site improvements and beautification ■ Complete infrastructure improvements to the downtown including Gold Line station, parking, and road improvements (Gladstone, Bonita, and Arrow). ■ Update Bike Master Plan to complement the DTSP and Gold Line transit; complete local projects that support the ESGV Sustainable Multimodal Project ■ Improve local parks (Pioneer and Marchant) and the Senior Center serving downtown and the city.
5. HOUSING PLAN
City of San Dimas General Plan
2021 - 2029 Housing Element 5-34
27. Affordable Housing in High Opportunity Areas
While the entire City is a high resource opportunity area, the majority of the 2021- 2029 RHNA will be accommodated within the downtown. This strategy is undertaken due not only to the predominant land use patterns, built out nature of the city, topography, and fire hazards present in north and south San Dimas, but also due to the recognition that residents will benefit from the nexus of public services, facilities, employment, and mass transit options in the downtown and VMT reductions and climate benefits. However, in recognition of the need to distribute affordable housing citywide, the City will take the following measures to achieve up to 200 affordable units in north and south San Dimas as follows:
Objective(s):
■ Aggressively market ADUs to HOA and apartments in north/south San Dimas, offer financial and regulatory incentives, and achieve 66% of all ADUs built in both planning areas (see Program #6)
■ Aggressively market HCVs to HOAs for condos and apartment owners in north and south Dimas and implement other actions set forth in Program #15 to increase HCV usage by 25%.
■ Develop urban lot split and small home development ordinance consistent with SB 9/AB 803 and educational fact sheet to expand starter home supply in High Resource Opportunity areas (single-family zones)
5. HOUSING PLAN
City of San Dimas General Plan
2021 - 2029 Housing Element 5-36
Table HE-5.5 Housing Program Summary
# Housing
Program 2021-2029 Objective Funding Source
Responsibl
e Agency
TimeframePolicy
1 Housing Code
Compliance
Conduct property inspections and resolve up to
200 cases annually
General
Fund
San Dimas
Comm. Dev Annual
HE-1.1
HE-1.5
Require adherence to local property regulations
and requirements Same Same As sites
inspected
Inform residents of available resources to address
code violations Same Same Same
2 Housing
Rehabilitation
Provide financial assistance for 10 home
rehabilitation projects annually CDBG San Dimas
Comm. Dev
As appl’s
submitted
HE-1.2
HE-1.3
Provide financial assistance for 15 mobile home
rehabilitation annually CDBG Same Same
Provide financial assistance for 10 mobile home
chair lifts annually
Housing
Funds Same Same
3 Historic
Preservation
Implement Town Core Design Guidelines; make
available on the website and with brochures at the
planning counter
General
Fund
San Dimas
Comm. Dev Annually
HE-1.4
Encourage preservation of historic homes by
marketing Mills Act and providing brochure on the
City's website and planning counter
Same Same Annually
Consider codifying the Mills Act to assist in the
implementation of historic preservation Same Same 2025
4 Neighborhood
Beautification
Consider reestablishment of the Neighborhood
Beautification program. TBD San Dimas
Comm. Dev FY 23/24 HE-1.3
HE-1.5
Identify areas in the downtown needing
improvement through a survey Same Same FY 23/24
Seek funding and grants to reestablish the
neighborhood beautification program.
Same Same Annual
5 Housing Sites
Inventory
Maintain an inventory and map of sites available
for residential development and provide at the front
counter upon request.
General
Fund
San Dimas
Comm. Dev Annual
HE-2.1
Rezone sites (Program #7) after adoption of the
housing element or the DTSP, whichever is earlier. Same Same Within 2 years of
adopting
DTSP/HE
Annual
Monitor sites to accommodate unmet RHNA. If
there are insufficient sites, rezone sites within 180
days of findings to ensure needed capacity.
Same Same
6 Accessory
Dwelling Units
Monitor and record progress in ADU production
and affordability for the housing element APR by
April 1 every year. Monitor and make adjustments
at least twice in the planning period, 2024 & 2027
Same Same
Annually;
for APR;
2024+’27
HE’-2.5
Adopt ADU incentives (e.g., expedited review and
processing, increased marketing, development
standard modification, waiver of permit issuance
fee, expanded technical assistance, and expanded
brochure to encourage ADU production per AB671
General
Fund
San Dimas
Comm. Dev 2023
Distribute a flier educating HOAs in north and
southern San Dimas about benefits of ADUs,
process for securing ADUs + incentives available.
Seek to see 66% of new ADUs in those areas.
General
Fund
San Dimas
Comm. Dev By 2023
If, after 1 year ADU production and affordability is
below the annual goal, market ADU program in
City newsletter for one year, If the deficit persists
after 2 years, the City will rezone sites if needed.
Same Same After APR
complete
5 . HOUSING PLAN
City of San Dimas | General Plan
2021 - 2029 Housing Element 5-37
Table HE-5.5 Housing Program Summary
# Housing
Program 2021-2029 Objective Funding Source
Responsible
Agency Time-frame Policy
7 Downtown
Specific Plan
Create general plan residential and mixed use
land use/zoning designations for the DTSP and
rezone 94 acres as follows:
• 12-16 du/ac: 5.5 ac MFR;
• 16-25 du/ac: 2.5 ac MFR
• 25-35 du/ac: 5.8 ac MFR; 7.3 ac mixed use
• 35-45 du/ac: 5.9 ac MFR; 34.6 ac mixed use
• 45-55 du/ac; 21.5 ac MFR; 11.2 ac mixed use
LEAP;
SCS,
General
Fund;
other
San Dimas
Comm. Dev.
Prepare and
adopt DTSP
by 2023
HE-2.4
Assign performance standards of 50 to 75%
residential uses as specified on sites shown in
Appendix B to accommodate the RHNA
General
Fund
San Dimas
Comm. Dev.
Upon HE
adoption
As part of zoning designations, establish
development standards that encourage and
facilitate achieving maximum densities
General
Fund
San Dimas
Comm. Dev. By 2023
8 Design
Guidelines
Prepare, adopt, and approve objective
development and design standards for projects
within the DTSP, and for all other multi-family
and mixed-use properties City wide in 2023
SB 2
grant
San Dimas
Comm. Dev.
Prepare +
adopt by
end of 2023
HE-2.3
Modify approval findings, administrative
procedures or other rules to ensure that meeting
objective standards satisfies approval findings.
SB 2
grant
San Dimas
Comm. Dev.
Prepare +
adopt by
end of 2023
9 Density Bonus Review and revise the City’s density bonus regulations to ensure consistency with changes
in state law (e.g., AB 2345).
General
Fund
San Dimas
Comm. Dev.
Prepare and
adopt by
end of 2023
HE-3.2
10 MF-30 Zone
Standards
Revise MF-30 parking standards (e.g., studio
and 1-bdm units) and other lot standards that
constrain achievement of maximum density.
General
Fund
San Dimas
Comm. Dev.
Prepare and
adopt by
end of 2023
HE-3.1
Review and revise open space and setback
standards in the MF Zone that constrain the
development of small multiple-family housing.
Same Same
Prepare and
adopt by
end of 2023
11 Lot
Consolidation
Waive lot consolidation planning fees to
encourage the consolidation of lots desired to
achieve the low and moderate income RHNA.
General
Fund
San Dimas
Comm. Dev.
By mid
2023 HE-3.2
Draft and adopt a lot consolidation ordinance
that encourages the development of housing
sites to address the RHNA.
Same Same Draft ord. by
end of 2023
Review lot consolidation ordinance mid-term
and modify or increase incentives if sufficient
consolidations have not occurred.
Same Same
Review &
Evaluate by
2025
12 Minor
Modification
Process
Extend SDMC Chapter 18.24 to include a
similar process for granting minor modifications
in residential or mixed use zones with a MF-30
zone designation or for sites in the DTSP.
General
Fund
San Dimas
Comm. Dev.
Prepare and
adopt by
end of 2023
HE-3.2
13 Streamlined
Permitting
Establish a written policy or procedure to allow a
streamlined approval process and standards for
eligible projects, as set forth under GC 65913.4 General Fund
San Dimas
Comm. Dev.
Prepare and
adopt by
end of 2023
HE-3.4
Periodically review the process and, if needed,
revise features of the process to ensure that
statutory timelines are met.
5. HOUSING PLAN
City of San Dimas General Plan
2021 - 2029 Housing Element 5-38
Table HE-5.5 Housing Program Summary
# Housing Program 2021-2029 Objective Funding
Source
Responsible
Agency
TimeframePolicy
14 General Plan
updates
Amend the general plan, create an
overlay, or suitable tool to allow land uses
envisioned for the Downtown
General
Fund;
Grants
San Dimas
Comm. Dev.
Adopt
within 2
years
Update safety element to address climate
change, resiliency, and environmental
justice.
Same Same Same
15 Housing Choice
Vouchers
Participate in federal HCV program,
maintain up to 150 vouchers contingent on
continued levels of HUD funding, and take
actions to obtain 25% increase in HCVs
HUD San Dimas
Comm. Dev. Annual HE-4.5
Augment advertising by posting a web link
to the LA County portal of affordable
housing, preparing a housing resource
brochure advertising the program, and
publicizing at City Hall and City website
General
Fund
San Dimas
Comm. Dev. Annual
Distribute a flier educating apartment
properties, landlords, HOAs, and condo
associations about source of income
protection in north and south San Dimas
General
Fund
San Dimas
Comm. Dev. Annual
16 Mobile Home
Preservation
Continue to retain affordability of the
Charter Oaks Mobile Home Park and
regulate space rental credits.
CDBG San Dimas
Comm. Dev. Ongoing
HE-4.3
Renew the Mobile Home Accord to
provide stability in space rents for the five
mobile home parks.
General
Fund Same
Renew
every five
years
Continue to make periodic capital
improvements to the Charter Oaks MHP
with housing authority funds
Housing
Authority Same Annual as
needed
17 Preservation of
Assisted Housing
Initiate discussions with property owners
of at-risk properties. If the property
remains at risk, the City will:
1) Coordinate with property owners to
ensure proper noticing per state law;
2) Reach out to qualified entities for
preservation options;
3) Coordinate technical assistance with
property owners; and
4) Work with tenants or contract
specialists to provide tenant education
General
Fund
San Dimas
Comm. Dev.
As projects
become or
approach
at-risk
status
HE-4.2
18 Inclusionary
Housing
Evaluate feasibility of a 15 to 20%
inclusionary requirement (incl. ELI and
VLI units, for rental and ownership units.
General
Fund
San Dimas
Comm. Dev. Evaluate
and adopt
within 2
years after
housing
element
adoption
HE-4.6
Develop options for an in-lieu fee and
expenditure policy that includes extremely
low and very low income units.
If inclusionary requirements are feasible,
draft an ordinance for consideration and
adoption by City Council
5 . HOUSING PLAN
City of San Dimas | General Plan
2021 - 2029 Housing Element 5-39
Table HE-5.5 Housing Program Summary
# Housing
Program 2021-2029 Objective Funding Source
Responsible
Agency Time-frame Policy
19 Collaborative
Partnerships
Work with housing partners and, as needed,
expand partners to augment administrative +
financial resources.
Evaluate feasibility of joining the San Gabriel
Valley Regional Housing Trust and, if beneficial,
pursue membership.
General
Fund
San Dimas
Comm. Dev.
Annual
Within 1
year of
housing
element
adoption
HE-4.4
20 Extremely
Low Income
Housing
Implement the County of Los Angeles rental
voucher program to improve housing security for
extremely low income households
HUD San Dimas
Comm. Dev. Annual
HE 4-2,
2-3, 4-5,
and 4-6
Implement housing preservation (MHP Accord and
rehabilitation assistance) programs to improve
housing security
General
Fund
San Dimas
Comm. Dev.
Annual; and
every five
years
Evaluate and draft inclusionary program to
encourage affordable housing; prioritize program
and in-lieu fees to encourage development of ELI
and VLI units; offer regulatory concessions to
affordable projects that provide ELI and VLI units
General
Fund;
Grant
San Dimas
Comm. Dev.
SGVCOG
Within 2
years of HE
adoption
At least annually and ongoing basis, proactively
contact affordable housing developers to identify
and pursue opportunities and assist in
development, including zoning for a variety of
housing types, priority processing, incentives and
funding (prioritizing or supporting).
General
Fund
San Dimas
Comm. Dev.
As project
proposed
21 Senior
Housing
Continue to actively pursue a range of housing
options to address the diverse needs of senior
citizens.
General
Fund
San Dimas
Comm. Dev. Annual
HE-4.3
Continue to offer housing security programs (rehab
grants, MHP preservation, etc.)
General
Fund
San Dimas
Comm. Dev. Annual
Continue to provide senior center and associated
health, education, transit, and other support
services.
General
Fund
San Dimas
Parks and
Recreation
Annual
22 Homeless
Plan
Amend municipal code to amend definitions to
allow supportive housing and low barrier
navigation centers by-right in all zones where
multifamily and mixed uses are permitted
Gen
Fund;
Measure
H funds
San Dimas
Comm. Dev.
Within one
year of HE
adoption
HE-4.2
Amend municipal code to amend definitions and
permit transitional + supportive housing in all
zones allowing residential uses like any residential
use in the same zone.
General
Fund
San Dimas
Comm. Dev.
Within one
year of HE
adoption
Retain LACDA for street outreach, housing
navigation, mental health support, case management, homelessness prevention, and support to connect clients to health services and housing.
Grants SGVCOG;
LACDA
Ongoing
weekly
Outreach
23 Housing for
Disabled
People
Support a variety of housing types to help address
the diverse needs of persons living with disabilities,
General
Fund
San Dimas
Comm. Dev. Ongoing HE-4.4
Work with regional service providers to publicize
information on available resources for housing and
services
General
Fund
San Dimas
Comm. Dev. Ongoing
Amend zoning and permit procedures to allow
group homes for 7 or more persons in all
residential zones with objectivity to promote
approval certainty.
General
Fund
San Dimas
Comm. Dev.
Within one
year of HE
Adoption
5. HOUSING PLAN
City of San Dimas General Plan
2021 - 2029 Housing Element 5-40
Table HE-5.5 Housing Program Summary
# Housing Program 2021-2029 Objective Funding
Source
Responsible
Agency Time-frame Policy
24 Housing for a
variety of Types
Define + allow employee housing serving
six or fewer residents in all zones allowing
single-family homes (HSC 17021.5)
General
Fund
San Dimas
Comm. Dev.
Within one
year of
housing
element
adoption
HE4.4
Define and allow low-barrier navigation
centers and supportive housing as a by
right use (GC §65662 and §65650
Same Same
Amend zoning and permit procedures to
allow group homes for 7 or more persons
in all residential zones with objectivity to
promote approval certainty.
Same Same
Define and allow SRO units with a
conditional use permit in the MF zones Same Same
Amend emergency shelter parking
standards in accordance with AB 139 Same Same
25 Fair Housing
Implement actions in Table HE-3.10 that
address the following contributing factors
to fair housing. Issues include:
Displacement due to housing insecurity
(Programs #2, #15, #16, #17)
Barriers to multiple-family housing
(Programs #6–#12)
Barriers to special needs housing
(Programs #22 and #24)
General
Fund;
Grants
San Dimas
Comm. Dev.
See timeframes for
each
program
HE5.1
Work with HRC agency to provide
workshops and trainings on fair housing
laws, tenants’ rights, and responsibilities
General
Fund Same publicize
annually
HE5.1
Develop educational materials (webpage)
on who affordable housing serves and
survey residents on preferred outreach
General
Fund Same By end of
2023
HE5.1
Refer discrimination complaints and
landlord tenant issues to the local fair
housing provider and publish materials on
the website regarding fair housing
General
Fund Same
When
complaints
received
HE5.1
26 Greater
Downtown Placebased Program
Identify areas needing assistance in the
downtown via windshield and mail survey.
General
Funds
San Dimas
Comm. Dev.
Within year
of HEU
adoption
HE5.7
To the extent allowed, prioritize rehab
grants and loans to the greater downtown
and areas of need identified by the survey
CDBG/
CalHome
San Dimas
Comm. Dev.
Coordinate with Habitat for Humanity, Life
Pacific, and other to address minor
housing repairs and site improvements
General
Fund
San Dimas
Comm. Dev.
Complete improvements to the downtown
including Gold Line station, parking, and
roads (Gladstone, Bonita, and Arrow).
Federal;
SB1 fund
City and Gold
Line
Authority
1 to 3 years
Update Bike Master Plan to complement
the DTSP and Gold Line transit; and the
ESGV Sustainable Multimodal Project
SB1 funds San Dimas
Comm. Dev.
Within year
of HEU
adoption
Improve local parks (Pioneer and
Marchant) and the Senior Center
General
Fund;
Grants
San Dimas
Comm. Svcs.
2025
2028
5 . HOUSING PLAN
City of San Dimas | General Plan
2021 - 2029 Housing Element 5-41
Table HE-5.5 Housing Program Summary
# Housing
Program 2021-2029 Objective Funding Source
Responsible
Agency Time-frame Policy
27 Affordable
Housing in
High Opp.
Areas
Aggressively market ADUs to HOA and
apartments in north/south San Dimas, offer
financial and regulatory incentives, and
achieve 66% distribution of ADUs in both
planning areas (see Program #6)
General
Fund
San Dimas
Comm. Dev.
Market by
2023 and
monitor
annually
Metric for
affordable
housing in
N/S. San
Dimas
(2021-29)
+ 130 ADUs
+ 30 HCVs
+ 40 small
homes
Total of 200
homes
HE-5.6
Aggressively market HCVs to HOAs for
condos and apartments in north and south
Dimas and implement other actions in
Program #15 to increase HCV usage by 25%.
Same Same
Develop urban lot split and small home
development ordinance consistent with SB
9/AB 803 and educational fact sheet to
expand starter home supply in High Resource
Opportunity and single-family zones
Same Same
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
Henry Noh, Director
Community Development Department
City of San Dimas
245 East Bonita Avenue
San Dimas, CA 91773
Dear Henry Noh:
RE: City of San Dimas 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of San Dimas (City) draft housing element received for review on September 30, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on November 23, 2021 with Luis Torrico, Planning Manager, Ken Fichtelman, Associate Planner and Mark Hoffman, Consultant. In addition, HCD considered comments from Josh Albrektson pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes revisions needed to comply with State Housing Element Law.
As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the regional housing needs allocation, including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City November 29, 2021
ATTACHMENT 4
Henry Noh, Director
should continue to engage the community, including organizations that represent lowerincome and special needs households, by making information regularly available and considering and incorporating comments where appropriate.
Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/communitydevelopment/housing-element/index.shtml#element or a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance. Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected].
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.
HCD appreciates the commitment and cooperation of the housing element update team during the review. We are committed to assist the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Divya Sen, of our staff, at [email protected].
Sincerely,
Senior Program Manager
Enclosure
Paul McDougall
City of San Dimas 6th Cycle Draft Housing Element Page 1 November 29, 2021
APPENDIX
CITY OF SAN DIMAS
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.
Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
Special Needs Populations: As part of the review of programs in the past cycle, the element must provide an evaluation of the cumulative effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness).
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Regional Patterns and Trends: For all categories of analysis (e.g., segregation and integration, racially and ethnically concentrated areas of affluence, access to opportunity, and disproportionate housing needs, including displacement), the element addresses most requirements to analyze local patterns and trends.
However, the element must also analyze regional patterns and trends for each category and subcategory of analysis. A regional analysis should compare conditions at the local level to the rest of the region. This analysis could compare the locality at a county level or other subregional geography.
Disproportionate Housing Needs including Displacement Risks: The element includes local data (pp. 3-28 to 3-30) on cost burden, overcrowding, substandard housing, and displacement, but it should also include local analysis on homelessness. The element should include complete local data for homelessness and analyze the data for trends and patterns, access to opportunity and disproportionate impacts on protected characteristics.
City of San Dimas 6th Cycle Draft Housing Element Page 2 November 29, 2021
Local Data and Knowledge: The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates, public comments, and service providers.
Other Relevant Factors: The element must include other relevant factors that contribute to fair housing issues in the jurisdiction. For instance, the element can analyze historical land use, zoning, governmental and nongovernmental spending including transportation investments, history of lending practices and demographic trends.
Sites: While the element includes analysis on sites related to improving or exacerbating conditions for segregation, displacement risk, and access to opportunity (p. 3-36), the analysis should indicate whether the sites are isolated by income group and should be supported by local data and knowledge.
Contributing Factors: Based on the outcomes of a complete analysis, the element should re-evaluate and prioritize contributing factors to fair housing issues as appropriate.
Goals, Priorities, Metrics, and Milestones: Based on the outcomes of a complete analysis, the element must be revised to add or modify goals and actions. Goals and actions must specifically respond to the analysis and prioritized contributing factors to fair housing issues. Actions must have metrics and milestones as appropriate and address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) The City has a regional housing need allocation (RHNA) of 1248 housing units, of which 604 are for lower-income households. To address this need, the element relies on vacant sites and nonvacant. To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include complete analyses:
Previously Identified Nonvacant and Vacant Sites: HCD understands some identified sites were previously identified in past housing elements. If nonvacant sites identified in a prior adopted housing element or vacant sites identified in two or more consecutive planning periods, the sites are inadequate to accommodate housing for lower-income households unless:
City of San Dimas 6th Cycle Draft Housing Element Page 3 November 29, 2021
• The site’s current zoning is appropriate for the development of housing affordable to lower-income households by either including analysis or meeting the appropriate density; and
• The site is subject to a housing element program that requires rezoning within three years of the beginning of the planning period to allow residential use by-right for housing developments in which at least 20 percent of the units are affordable to lower-income households. (Gov. Code, § 65583.2, subd. (c).) Affordable Housing Overlay (AHO): Program 18 states that the City will extend the AHO designation to sites in the downtown and if needed other sites in the City. The element should specify which sites within the sites inventory will be zoned to the AHO.
Realistic Capacity: While the element provides assumptions of buildout for sites included in the inventory, it must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on land use controls, site improvements and typical densities of existing or approved residential developments at a similar affordability level.
For sites zoned for nonresidential uses, e.g., commercial, and mixed-use zones, the element must account for the likelihood of 100 percent nonresidential uses. To demonstrate the likelihood for residential development in nonresidential zones, the element should describe any performance standards mandating a specified portion of residential, any factors increasing the potential for residential development, such as incentives for residential use, and residential development trends in the same nonresidential zoning districts.
Zoning for Lower-Income Households: HCD understands sites will need to be rezoned for lower-income households to different designations. However, the element is not clear if the sites designated for lower-income will be rezoned with densities appropriate to facilitate housing for lower-income households. The element must identify the proposed density range for each site and demonstrate densities appropriate to accommodate housing for lower income households. For communities with densities that meet specific standards (at least 30 units per acre for San Dimas), no analysis is required. (Gov. Code, § 65583.2, subd. (c)(3).) Otherwise, an analysis must demonstrate appropriate densities based on factors such as market demand, financial feasibility and development experience within identified zones.
Suitability of Nonvacant Sites: While the element includes analysis on nonvacant sites (Appendix B), it must also describe the methodology used to demonstrate the potential the additional development. The analysis should consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the City’s past experience with converting existing uses to higher-density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends,
City of San Dimas 6th Cycle Draft Housing Element Page 4 November 29, 2021
market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. For example, the element could clarify if any economic or market trends suggest that existing uses on industrial sites will be discontinued.
The element identifies 288 units on an existing project called The Trails. The City assumes an additional 80 moderate units will be built during the planning period.
However, the element provides no information to support the assumption and solely relies on the fact that the site has not been developed to the maximum capacity. The element must provide additional analysis demonstrating the likelihood of additional development through current market trends, financial feasibility, or other factors.
In addition, specific analysis and actions are necessary if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lowerincome households. For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.
Small Sites: The element lists most sites consisting of aggregated small parcels (p. 4-11 & Appendix C). The element must clarify and describe whether these aggregated parcels are expected to develop individually or consolidated with the other small parcels. For parcels anticipated to be consolidated, the element must demonstrate the potential for lot consolidation. For example, analysis describing the City role or track record in facilitating small-lot consolidation, policies or incentives offered or proposed to encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for redevelopment, recent trends of lot consolidation, and information on the owners of each aggregated site. For parcels anticipated to develop individually, sites smaller than an half acre in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of housing units affordable to lower-income households as projected for the site unless the housing element describes other evidence demonstrating the site is adequate to accommodate housing for lower income households. (Gov. Code, § 65583.2, subd. (c)(2)(A).)
If the element relies on consolidated small sites to accommodate the RHNA for lowerincome households, it should include a program(s) to facilitate lot consolidation and development of housing on small sites. For example, the program could commit to (1) granting density bonuses above state density bonus law. (Gov. Code, § 65915.); (2) deferring fees specifically for consolidation; (3) expediting permit processing; (4) identifying and targeting specific financial resources; and (5) modifying development standards.
Accessory Dwelling Units (ADU): The element assumes an ADU buildout of 39 ADUs per year for a potential buildout of 350 units within the planning period. Given that the City has permitted 0 ADUs in 2018 and 2019, 9 in 2020 (for an average of three units
City of San Dimas 6th Cycle Draft Housing Element Page 5 November 29, 2021
per year), it is not clear if a production level of 39 ADUs per year will be achievable over the planning period. As a result, the element should be updated to reduce the number of units projected or include supporting analysis for potential ADU production.
Depending on the analysis, the element must revise Program 6 to monitor ADU production throughout the course of the planning period and implement additional actions if not meeting target numbers anticipated in the housing element. In addition to monitoring production, this program should also monitor affordability. Additional actions, if necessary, should be taken in a timely manner (e.g., within six months).
Finally, if necessary, the degree of additional actions should be in stride with the degree of the gap in production and affordability. For example, if actual production and affordability of ADUs is far from anticipated trends, then rezoning or something similar would be an appropriate action. If actual production and affordability is near anticipated trends, then measures like outreach and marketing might be more appropriate.
Environmental Constraints: The element must describe any known environmental constraints within the City that could impact housing development in the planning period. (Gov. Code, § 65583.2, subd. (b).) Specifically, the element should specify any remediation necessary for site numbers 1, 2, and 3 to be available for residential development within the planning period.
Zoning for a Variety of Housing Types:
• Single Room Occupancy (SRO) Units: The element states SRO units are allowed with conditional use permit (CUP) in MF-30 zone but there is no MF-30 zoned land in the City (p. 3-12). The element must address where SROs can be built.
• Emergency Shelters: Emergency Shelters parking requirements should be updated pursuant to AB 139 (Chapter 335, Statutes of 2019).
• Low Barrier Navigation Centers and Permanent Supportive Housing: Low barrier navigation centers and permanent supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones. The element should either demonstrate compliance with these requirements or add or modify program as appropriate.
• Employee Housing: Regardless of whether the City has a specific agricultural designation, the City must have zoning to permit employee housing in compliance with the Employee Housing Act, specifically, Health and Safety Code section 17021.5.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons
City of San Dimas 6th Cycle Draft Housing Element Page 6 November 29, 2021
with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types (e.g., multifamily rental housing, mobilehomes, transitional housing). For example, the element must describe and analyze the general plan designation for MF-30 zone. Furthermore, the element describes parking requirements (p. 3-14) for multifamily as “two covered spaces per unit, plus one uncovered space for each additional bedroom beyond two bedrooms per unit, plus one uncovered guest space for every three units.” The element must analyze the parking requirements for its impact as a potential constraint on housing and clarify if it is addressed by Program 10. The analysis should also describe past or current efforts to remove identified governmental constraints. The element should include programs to address or remove the identified constraints.
Affordable Housing Overlay (AHO): While the element includes general information on the AHO, it must include a complete description and analysis of the AHO such as affordability requirements, processing procedures and whether accessing densities allowed under the AHO requires discretion.
Fees and Exaction: While the element describes most of the fees (pp. 3-5 & 3-5), it must describe all required fees for single family and multifamily housing development, including impact fees, and analyze their impact as potential constraints on housing supply, cost and affordability. For example, the analysis identifies the total amount of fees but should also identify their proportion to the development costs for both singlefamily and multifamily housing and whether fees are a constraint.
Design Review: While the element includes Program 8 to review and revise design guidelines, to better inform programs, it must describe and analyze the design review guidelines and process, including approval procedures and decision-making criteria, for their impact as potential constraints on housing supply and affordability. For example, the analysis could describe required findings and discuss whether objective standards and guidelines improve development certainty and mitigate cost impacts.
The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate.
Zoning, Development Standards and Fees: The element must clarify its compliance with new transparency requirements for posting all zoning, development standards on the jurisdiction’s website.
Constraints on Housing for Persons with Disabilities: The element currently details that residential care facilities serving six or less are permitted in S-F, SF-H, SF-D, MF, MF -D, MF-30 zones (p. 3-8). However, group homes serving seven or more are not permitted in any zones. The element should analyze the residential care facilities serving seven or more as a potential constraint on housing for persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes objectively with approval certainty.
City of San Dimas 6th Cycle Draft Housing Element Page 7 November 29, 2021
4. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).)
Developed Densities and Permit Times: The element must be revised to analyze the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially hinder the construction of a locality’s share of the regional housing need.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. All programs must be evaluated to provide discrete timing (e.g., month and year) to account for how often the action will occur as well as to ensure a beneficial impact throughout the planning period and quantify objectives where feasible. In addition, all programs must be evaluated to ensure that meaningful actions are taken. Programs containing unclear commitment (e.g., “Continue to facilitate”; “Explore”; “Consider”; “Encourage”; etc.) should be amended to include more specific and measurable actions. Finally, additional programs to be revised include the following:
• Program 1 (Housing Code Compliance): Describe when actions will be taken and how often.
• Program 2 (Home Rehabilitation): Clarify when and how often the City will provide Mobile Home program assistance.
City of San Dimas 6th Cycle Draft Housing Element Page 8 November 29, 2021
• Program 3 (Historic Preservation): Provide when the Town Core Design Guidelines will occur and how often the City will encourage applications and market the Mills Act program.
• Program 4 (Neighborhood Beatification): Provide when the City will identify areas for improvement.
• Program 15 (Housing Choice Voucher (Section 8)): Provide when and how often advertising will occur.
• Program 16 (Mobile Home Preservation): Provide when the City will renew the Mobile Home Accord.
• Program 22 (Homelessness Plan): Provide specific timeframes for the City to implement each action.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, singleroom occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B2, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
Shortfall of Adequate Sites: Currently the element demonstrates a shortfall of adequate sites with zoning currently in place to accommodate the RHNA within the planning period. In order to provide sufficient sites to accommodate the RHNA, Program 5 (Housing Sites Inventory), Program 10 (MF- 30 Zone Development Standards), Program 18 Affordable Housing Overlay must commit to, among other things, amend the zoning to increase densities, extend the Affordable Housing Overlay on certain sites, and provide by-right housing at a minimum density of 30 units per acre. However, in order to accommodate the lower-income need, programs must demonstrate compliance with Government Code 65583.2 (h) and (i). For example, programs must commit to:
• permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households. By-right means local government review must not require a CUP, planned unit development permit, or other discretionary review or approval; • accommodate a minimum of 16 units per site; and
• meet residential only requirements.
City of San Dimas 6th Cycle Draft Housing Element Page 9 November 29, 2021
Program 6 Accessory Dwellings (ADU): The element must include specific commitments and actions to incentivize the production of ADU and include specific dates and actions for monitoring the development of ADU per the ADU projection assumptions in the sites inventory.
3. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) The element must include a program(s) to assist in the development of housing affordable to low-very low- and Extremely Low-Income (ELI) households. Programs must be revised or added to the element to assist in the development of housing for ELI households. Program actions could include prioritizing some funding for housing developments affordable to ELI households and offering financial incentives or regulatory concessions to encourage the development of housing types, such as multifamily, SRO units, to address the identified housing needs for ELI households.
4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding(s) B3 and B4, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete analysis of AFFH. Based on the outcomes of that analysis, the element must add or modify programs.
6. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may
City of San Dimas 6th Cycle Draft Housing Element Page 10 November 29, 2021
include strategies that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).)
Program 17 Preservation of Assisted Housing: The program should (1) reference state preservation notice law and to start reaching out to owners at least 3 years prior to the expiration date, (2) City to reach out to qualified entities who may be interested in purchasing the property to preserve it as affordable housing prior to expiring property, and (3) to revise the timeframe to include reaching out to the at-risk properties.
D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).) While the element includes a general summary of the public participation process (p. 1-4, Appendix A), it must also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element, specifically lowerincome households. The element could describe the efforts to provide translation services and to circulate the housing element among low- and moderate-income households and organizations that represent their interest and to involve such groups and persons in the element throughout the process. In addition, the element should also summarize the public comments and describe how they were considered and incorporated into the element. For additional information, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/building-blocks/getting-started/public-participation.shtml.
San Dimas Adopt Preliminary Review
Received 9/28/2022
Prior Review 11/29/2021
Comment Draft 2 Adopt Notes
Page
#
Prelim
Review
Page # Prelim
Review
A1. Review and Revise Element must
provide an evaluation of the cumulative
effectiveness of goals, policies, and
related actions in meeting the housing
needs of special needs populations
(e.g., elderly, disabled people, large
households, female-headed
households, farmworkers, and
homeless people.
5-4 Y N/A N/A
B1a. Regional Patterns
The element must analyze regional
patterns and trends for each category
and subcategory of analysis. A regional
analysis should compare conditions at
the local level to the rest of the region.
The region could be the county level or
other subregional geography
3-28- Y N/A N/A
B1b. Disproportionate Needs
The element should include complete
local data for homelessness and also
analyze the data for trends and
patterns, access to opportunity and
disproportionate
impacts on protected characteristics
3-32 - ~ 3-33
5-31
(#22)
Y
B1c. Local Data and Knowledge
The element should complement
federal, state, and regional data with
local data and knowledge where
appropriate to capture emerging trends
and issues, including utilizing
knowledge from local and regional
advocates, public comments, and
service providers.
3-45- ~/? 3-34 Y
B1d. Other Relevant Factors
The element must include other
relevant factors that contribute to fair
housing issues in the city e.g.,
historical land use, zoning, local
govern. & and nongovernmental
3-41- ~/? 3-43
#7
Y
spending including transportation
investments, lending practices,
demographic trends.
B1e. Sites
While the element includes analysis on
sites related to improving or
exacerbating conditions for
segregation, displacement risk, and
access to opportunity (p. 3-36), the
analysis should indicate whether sites
are isolated by income group
supported by local data and
knowledge.
3-47
4-9
N In
progress
No neighborhood
analysis and
quantification by AFH
components
See Alameda City
example
B1f. Contributing Factors
The element should re-evaluate &
prioritize factors to fair housing issues
as appropriate.
3-48- Y N/A N/A
B3e. Goals, Priorities, Metrics
The element must be revised to add or
modify goals and actions. Goals and
actions must specifically respond to the
analysis and prioritized contributing
factors to fair housing issues. Actions
must have metrics and milestones as
appropriate and address housing
mobility enhancement, new housing
choices and affordability in high
opportunity areas, place-based
strategies for community preservation
and revitalization and displacement
protection.
Page
3-49
TBD TBD TBD HCD to review upon
complete sites and
AFFH analysis
B2a. Previously Identified Nonvacant
and Vacant Sites
Previously Identified Nonvacant and
Vacant Sites: HCD understands some
identified sites were previously
identified in past housing elements. If
nonvacant sites identified in a prior
adopted housing element or vacant
sites identified in two or more
consecutive planning periods, the sites
are inadequate to accommodate
housing for lower-income households
unless conditions are met.
Page
5-23
Y N/A N/A All sites toward lower to
be rezoned by right
with 20% affordability at
appropriate densities
B2b Affordable Housing Overlay
Program 18 states that the City will
extend the AHO designation to
downtown and if needed other sites in
the City. The element should specify
which sites in the sites inventory will be
zoned to the AHO.
4-16
5-24
~/? 3-17 Y AHO is a relic, not used
toward RHNA and is
supplanted by new
zoning, density bonus
law, etc
B2c. Realistic Capacity
The element must provide support for
realistic capacity and development.
The estimated number of units for each
site must be adjusted based on land
use controls, site improvements, and
typical densities of existing or approved
projects at a similar affordability level.
For sites zoned for commercial and
mixed-use zones, the element must
account for the likelihood of 100%
nonresidential uses. Describe any
performance standards mandating a
specified portion residential, any
factors increasing the potential for
residential development, such as
incentives, and residential development
trends in the same zone.
3-11
4-16
4-17
to 4-
19 4-16
N/?
N/?
4-16-
5-23
(#5)
5-24
(#7)
Y
Y
Utilizes minimum
density
Added Residential
performance standards
in programs
Zoning for Lower-Income Households:
HCD understands sites will need to be
rezoned for lower-income households
to different designations. However, the
element is not clear if the sites
designated for lower-income will be
rezoned with densities appropriate to
facilitate housing for lower-income
households. The element must identify
the proposed density range for each
site and demonstrate densities
appropriate to accommodate housing
for lower income households. For
communities with densities that meet
specific standards (at least 30 units per
acre for San Dimas), no analysis is
required. (Gov. Code, § 65583.2, subd.
(c)(3).) Otherwise, an analysis must
demonstrate appropriate densities
based on factors such as market
demand, financial feasibility and
development experience within
identified zones.
4-17- ? N/A N/A All sites over 30 units
per acre except the
Trails. The Trails
density is the number
of units across the total
acreage. The
multifamily portions
exceed 30 units per
acre in allowable
densities
B2e. Suitability of Nonvacant Sites The
element must describe methodology to
demonstrate potential for development.
The analysis should consider factors
including the extent to which existing
uses may constitute an impediment to
housing development, the City’s past
experience with converting existing
uses to higher-density housing, current
market demand for the existing use, an
analysis of any existing leases or other
contracts that would perpetuate the
existing use or prevent redevelopment
of the site for housing, development
trends, market conditions, and
regulatory or other incentives or
standards to encourage housing
development on these sites. The
element could clarify if any economic or
market trends suggest existing uses on
industrial sites will be discontinued.
4-8
4-15
4-17-
App A
Y N/A N/A
B2e. Additional Items
The element identifies 288 units on The
Trails. The City assumes an additional
80 moderate units will be built.
However, the element provides no
information to support the assumption
and solely relies on the fact that the
site has not been developed to the
maximum capacity. The element must
provide additional analysis
demonstrating the likelihood of
development through current market
trends, financial feasibility, or other
factors.
In addition, specific analysis and
actions are necessary if the housing
element relies upon nonvacant sites to
accommodate more than 50% of the
RHNA for lower-income households.
The housing element must
demonstrate existing uses are not an
impediment to additional residential
development and will likely discontinue
in the planning period. (Gov. Code, §
65583.2, (g)(2).) Absent findings (e.g.,
adoption resolution) based on
substantial evidence, the existing uses
will be presumed to impede additional
residential development and will not be
A-17
4-19
4-21
4-15
Y
FYI
N/A
Reso
N/A
~ Other factors?
utilized toward demonstrating adequate
sites to accommodate the RHNA.
B2f. Small Sites:
Most sites consist of aggregated small
parcels. The element must clarify and
describe whether these aggregated
parcels are expected to develop
individually or consolidated with the
other small parcels. For parcels
anticipated to be consolidated, the
element must demonstrate the
potential for lot consolidation. For
example, analysis describing the City
role or track record in facilitating smalllot consolidation, policies or incentives offered or proposed to encourage and
facilitate lot consolidation, conditions
rendering parcels suitable and ready
for redevelopment, recent trends of lot
consolidation, and information on the
owners of each aggregated site. For
parcels anticipated to develop
individually, sites smaller than an half
acre in size are deemed inadequate to
accommodate housing for lowerincome housing unless it is demonstrated that sites of equivalent
size were successfully developed
during the prior planning period for an
equivalent number of housing units
affordable to lower-income households
as projected for the site unless the
housing element describes other
evidence demonstrating the site is
adequate to accommodate housing for
lower income households.
If the element relies on consolidated
small sites to accommodate the RHNA
for lower-income households, it should
include a program(s) to facilitate lot
consolidation & development of
housing. For example, the program
could commit to (1) granting density
bonuses above state law; (2) deferring
fees for consolidation; (3) expediting
permit processing; (4) identifying and
4-12-
4-22
5-26
5-36
~/N In
progress
5-26
(#11
and
#12)
Y
Recent trends should
discuss circumstances
around consolidation
(number of parcels and
owners)
Consolidation potential
should be discussed on
a site basis in Appendix
A
Program 11 should
commit to adopt an
ordinance and include
a midterm evaluation
with adjustments if
necessary
targeting specific financial resources;
and (5) modifying development
standards.
B2g. Accessory Dwelling Units The
element assumes an ADU buildout of
39 ADUs per year for a potential
buildout of 350 units within the planning
period. Given that the City has
permitted 0 ADUs in 2018 and 2019, 9
in 2020 (for an average of three units
per year), it is not clear if a production
level of 39 ADUs per year will be
achievable over the planning period. As
a result, the element should be
updated to reduce the number of units
projected or include supporting
analysis for further ADU production.
Depending on the analysis, the
element must revise the ADU
production goals accordingly and
include monitoring program and
rezoning program as needed.
4-7 –
5-23
N 4-7
4-24
5-23
(#6)
~/N - City to Reconcile
numbers with HCD
numbers for 2020 and
2021
- 2022 numbers added
- assumptions adjusted
to 25 ADUs per year
- See program
suggested language
below
B2h. Environmental Constraints The
element must describe any known
environmental constraints within the
City that could impact housing
development in the planning period.
(Gov. Code, § 65583.2(b).) Specifically,
the element should specify any
remediation necessary for sites 1, 2,
and 3 to be available for residential
development within the planning
period.
4-8
4-23
A-3
A-4
A-5
A81407
Yes N/A N/A
B2i Zoning for a Variety of Housing
Types • Single Room Occupancy
(SRO) Units: The element states SRO
units are allowed with conditional use
permit (CUP) in MF-30 zone but there
is no MF-30 zoned land in the City (p.
3-12). The element must address
where SROs can be built.
3-13
5-32
5-38
Yes N/A N/A
• Emergency Shelters: Emergency
Shelters parking requirements should
be updated pursuant to AB 139 (2019).
5-32
5-38
Yes/~ 5-39 Y
• Low Barrier Navigation Centers +
Permanent Supportive Housing: Both
uses shall be a use by-right in zones
where multifamily and mixed uses are
permitted, including nonresidential
zones. The element should either
demonstrate compliance with these
requirements or add or modify program
as appropriate.
5-33
5-38
Yes N/A N/A
• Employee Housing: Regardless of
whether the City has a specific
agricultural designation, the City must
have zoning to permit employee
housing in compliance with the
Employee Housing Act, Health and
Safety Code 17021.5.
5-32
5-38
Yes N/A N/A
B3a. Land Use Controls The element
must identify and analyze all relevant
land use controls impacts as potential
constraints on a variety of housing
types. For example, the element must
describe and analyze the GP
designation for MF-30 zone. The
element describes parking req. (p. 3-
14) for multifamily as “two covered
spaces per unit, plus one uncovered
space for each additional bedroom
beyond two bedrooms per unit, plus
one uncovered guest space for every
three units.” The element must analyze
parking reqs. for its impact as a
potential constraint on housing and
clarify if it is addressed by Program 10.
The analysis should describe
past/current efforts to remove identified
governmental constraints and include
programs to address or remove
constraints
3-16
5-25
5-36
Yes/? N/A N/A
B3b. Affordable Housing Overlay
(AHO) While the element includes
general information on the AHO, it
must include a complete description
and analysis of the AHO such as
affordability requirements, processing
procedures and whether densities
require discretion.
~/? 3-17 Y See notes above
B3c. Design Review While the element
includes Program 8 to review and
revise design guidelines, to better
inform programs, it must describe and
analyze the design review guidelines
and process, including approval
procedures and decision-making
criteria, for their impact as potential
constraints on housing supply and
affordability. For example, the analysis
could describe required findings and
discuss whether objective standards
and guidelines improve development
certainty and mitigate cost impacts.
The element must demonstrate this
process is not a constraint or it must
include a program to address this
permitting requirement, as appropriate
3-24
5-24
~ 5-24
(#8)
~ See suggested
program language
below
B3d. Fees and Exaction While the
element describes most fees, it must
describe all required fees for single and
multifamily housing development,
including impact fees, and analyze their
impact as potential constraints on
housing supply, cost, and affordability.
For example, the analysis identifies
the total amount of fees but should
also identify their proportion to the
development costs for both singlefamily and multifamily housing and whether fees are a constraint.
Page
3-4/3-
5 Y N/A N/A
B3e. Zoning, Development Standards
and Fees The element must clarify its
compliance with new transparency
requirements for posting all zoning,
development standards on the
jurisdiction’s website.
Page
3-4
Page
3-7
Y N/A N/A
Constraints on Housing for Persons
with Disabilities: The element currently
details that residential care facilities
serving six or less are permitted in S-F,
SF-H, SF-D, MF, MF -D, MF-30 zones
(p. 3-8). However, group homes
serving seven or more are not
permitted in any zones. The element
should analyze the residential care
facilities serving seven or more as a
potential constraint on housing for
persons with disabilities and add or
3-12
5-32
5-38
N In
progress
Specifically commit to
amend zoning and
permit procedures to
allow in all residential
zones with procedures
that are objective and
facilitate approval
certainty
modify programs as appropriate to
ensure zoning permits group homes
objectively with approval certainty.
4a. Developed Densities and Permit
Time The element must be revised to
analyze the length of time between
receiving approval for a housing
development and submittal of an
application for building permits that
potentially hinder the construction of a
locality’s share of the regional housing
need.
3-6
3-23
~/? 3-6 Y Reports are warranted
on a site basis due to
diversity of soil types
C. Housing Programs C1. To address
the program requirements of GC
65583, (c)(1-6), and to facilitate
implementation, programs should
include: (1) a description of the City’s
specific role in implementation; (2)
definitive implementation timelines; (3)
objectives, quantified where
appropriate; and (4) identification of
responsible agencies. All programs
must be evaluated to provide discrete
timing (e.g., month and year) to
account for how often the action will
occur as well as to ensure a beneficial
impact throughout the planning period
and quantify objectives where feasible.
In addition, all programs must be
evaluated to ensure that meaningful
actions are taken. Programs containing
unclear commitment (e.g., “Continue to
facilitate”; “Explore”; “Consider”;
“Encourage”; etc.) should be amended
to include more specific and
measurable actions.
5-21
5-39
~ 5-31 Y
Finally, additional programs to be
revised include the following: •
Program 1 (Housing Code
Compliance): Describe when actions
will be taken and how often.
• Program 2 (Home Rehabilitation):
Clarify when and how often the City will
provide Mobile Home program
assistance.
• Program 3 (Historic Preservation):
Provide when the Town Core Design
5-38- Yes N/A N/A
Guidelines will occur and how often the
City will encourage applications and
market the Mills Act program.
• Program 4 (Neighborhood
Beatification): Provide when the City
will identify areas for improvement.
• Program 15 (Housing Choice
Voucher (Section 8)): Provide when
and how often advertising will occur.
• Program 16 (Mobile Home
Preservation): Provide when the City
will renew the Mobile Home Accord.
• Program 22 (Homelessness Plan):
Provide specific timeframes for the City
to implement each action.
As noted in Finding B2, the element
does not include a complete site
analysis, therefore, the adequacy of
sites and zoning were not established.
Based on the results of a complete
sites inventory and analysis, the City
may need to add or revise programs to
address a shortfall of sites or zoning
available to encourage a variety of
housing types.
TBD TBD TBD Depends on a complete
analysis
Shortfall of Adequate Sites:
The element demonstrates a shortfall
of adequate sites with zoning currently
in place to accommodate the RHNA
within the planning period. To provide
sufficient sites to accommodate the
RHNA, Program 5 (Housing Sites
Inventory), Program 10 (MF- 30 Zone
Development Standards), Program 18
Affordable Housing Overlay must
commit to, among other things, amend
the zoning to increase densities,
extend the Affordable Housing Overlay
on certain sites, and provide by-right
housing at a minimum density of 30
units per acre. However, to
accommodate the lower-income need,
programs must demonstrate
compliance with GC 65583.2 (h) and
(i). For example, programs must
commit to:
• permit owner-occupied and rental
multifamily uses by-right for
developments in which 20 percent or
more of the units are affordable to
5-23- ~/N 5-34
(#5)
5-24
(#7)
N See suggested
language below
lower-income households. By-right
means local government review must
not require a CUP, planned unit
development permit, or other
discretionary review or approval;
• accommodate a minimum of 16 units
per site; and
• meet residential only requirements.
Program 6 Accessory Dwellings (ADU):
The element must include specific
commitments and actions to incentivize
the production of ADU and include
specific dates and actions for
monitoring the development of ADU
per the ADU projection assumptions in
the sites inventory.
Page
5-23
~ 5-23 No See suggested
language below
3. Extremely Low Income Households.
The element must include a program(s)
to assist in the development of housing
affordable to low-very low- and
Extremely Low-Income (ELI)
households. Programs must be revised
or added to the element to assist in the
development of housing for ELI
households. Program actions could
include prioritizing some funding for
housing developments affordable to
ELI households and offering financial
incentives or regulatory concessions to
encourage the development of housing
types, such as multifamily, SRO units,
to address housing needs for ELI
households.
Page
5-29
N 5-30 N See program
suggestion below
As noted in Finding(s) B3 and B4, the
element requires a complete analysis
of potential governmental and
nongovernmental constraints.
Depending upon the results of that
analysis, the City may need to revise or
add programs and address and remove
or mitigate any identified constraints.
TBD Pending program to
address group homes
for 7 or more persons
As noted in Finding B1, the element
must include a complete analysis of
AFFH. Based on the outcomes of that
analysis, the element must add or
modify programs.
TBD TBD HCD to review upon
complete sites and
AFFH analysis
Program 17 Preservation of Assisted
Housing: The program should (1)
reference state preservation notice law
and to start reaching out to owners at
least 3 years prior to the expiration
date, (2) City to reach out to qualified
entities who may be interested in
purchasing the property to preserve it
as affordable housing prior to expiring
property, and (3) to revise the
timeframe to include reaching out to
the at-risk properties.
5-29
5-37
Y N/A N/A
D. Public Participation While the
element includes a general summary of
the public participation process (p. 1-4,
Appendix A), it must also demonstrate
diligent efforts were made to involve all
economic segments of the community
in the development of the housing
element, specifically lower-income
households. The element could
describe the efforts to provide
translation services and to circulate the
housing element among low- and
moderate-income households and
organizations that represent their
interest and to involve such groups and
persons in the element throughout the
process. In addition, the element
should also summarize the public
comments and describe how they were
considered and incorporated into the
element. For additional information,
see the Building Blocks at
http://www.hcd.ca.gov/communitydevelopment/building-blocks/gettingstarted/public-participation.shtml. 5-8-
4-15
5-14
5-10
5-12
Yes N/A N/A
Other: Revisions to Schedule of
Actions
5-35- Special Note: Reflect any program changes in
schedule of actions