Agenda packet — San Dimas City Council, March 12, 2024

CITY COUNCIL MEETING AGENDA
TUESDAY MARCH 12, 2024 7:00 PM
SAN DIMAS COUNCIL CHAMBER
245 EAST BONITA AVENUE
Teleconference Location
Allegretto Vineyard Resort
2700 Buena Vista Drive
Paso Robles, CA 93446
A public agenda packet is available for review on the City’s website www.sandimasca.gov or by contacting the City Clerk’s Office at [email protected].

Members of the public may observe the City Council meeting live on the City of San Dimas website at www.sandimasca.gov or on KWST Channel 3. To view from the website, select the Watch City Council Meetings blue button from the home page.
7:00 PM
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

RECOGNITION

1. American Red Cross Month

2. AYSO Region 112 – Blue Lightning Youth Soccer Team

3. DMV/Donate Life Month

4. Students in Government

5. Parks and Recreation Volunteer Recognition
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.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Adopt Resolution 202415, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Prepaid Warrant Register of March 15, 2024, in the Amountof$276,796.99andWarrantRegisterofFebruary29,2024,intheamountof

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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.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Adopt Resolution 202415, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Prepaid Warrant Register of March 15, 2024, in the Amount of $276,796.99 and Warrant Register of February 29, 2024, in the amount of $423,110.19.

CC2. Approve Minutes of the February 26, 2024 Special Study Session Meeting, February 27, 2024 Special Study Session Meeting and February 27, 2024 Regular Meeting CC3. Approve an Additional Budget Appropriation of $25,205 from the General Fund and Approve the City Manager to Execute an Amendment to the Agreement with Interwest Consulting Group for an Amount not to Exceed $513,050 Associated with Additional Meetings Required to Complete the Review Process and for Additional Time and Work Needed to Finalize the Draft Downtown Specific Plan Document for Adoption.

CC4. Approve Grant Termination and Reimbursement of $641,080.92 in Proposition A Grant Fund for the Walnut Creek Habitat and Open Space Development Project to Maintain the City’s Good Standing with the Los Angeles County Regional Park and Open Space District and Authorize the City Manager to Execute Such Agreements as Necessary in a Form Approved by the City Attorney.

CC5. Receive, File, and Authorize Submittal of the 2023 Annual Housing Progress Report to California State Department of Housing and Community Development for the 20212029 Housing Element.

CC6. Award Construction Contact 202402 Lone Hill Avenue Street Improvement Project to Vance Corporation in the Amount of $942,207.95, and Approve the overall Project Budget of $1,188,208.00 including Construction, Engineering, Inspection, Permits and Contingency and Authorize the City Manager to execute the Construction Contract with Vance Corporation in a form approved by the City Attorney.

CC7. Award Construction Contact 202401 East Via Vaquero Street Improvement Project to Sequel Contractor Inc and Appropriate $50,000 from Fund 74 Measure R Funds and Approve Overall Project Budget of $442,300 Including Construction, Engineering and Contingency and Authorize the City Manager to execute the Construction Contract with Sequel Contractor Inc in a form approved by the City Attorney.

CC8. Adopt Ordinance 1306 Amending Chapter 14.11 (Stormwater Management and Discharge) & Chapter 14.13 (Low Impact Development) of the San Dimas Municipal Code to Implement Updates to the Los Angeles Regional Water Qaulity Control Board’s Municipal Separate Storm Sewer System (MS4) Permit.

END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.

ORAL COMMUNICATIONS
(MembersoftheAudience(Speakersarelimitedto(3)minutesorasmaybedeterminedbytheChair)

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END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.

ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
City Council Requests for Future Items, Comments and Updates CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSELANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One Case

ADJOURNMENT
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk’s Office at (909) 3946216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.10235.104 ADA Title II].

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 March 8, 2024, 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.

March 8, 2024
Debra Black
Debra Black, City Clerk Page 3
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.

March 8, 2024
Debra Black
Debra Black, City Clerk Page 4
American Red Cross
HEREAS, in times of crisis, people in San Dimas come together to care for one another. This humanitarian spirit is part of the foundation of our community and is exemplified by American Red Cross volunteers and donors; and HEREAS, in 1881 Clara Barton founded the American Red Cross, turning her steadfast dedication for helping others into a bold mission of preventing and alleviating people’s suffering. Today, more than 140 years later, we honor the kindness and generosity of Red Cross volunteers here in San Dimas, who continue to carry out Clara’s lifesaving legacy. They join the millions of people across the United States who volunteer, give blood, donate financially or learn vital life-preserving skills through the Red Cross; and HEREAS, in the Greater San Gabriel and Pomona Valleys the contributions of local Red Cross volunteers give hope to the most vulnerable in their darkest hours — whether it’s providing emergency shelter, food and comfort for families devastated by local disasters like home fires, donating essential blood for accident and burn victims, heart surgery and organ transplant patients, and those receiving treatment for leukemia, cancer or sickle cell disease; supporting service members and veterans, along with their families and caregivers, through the unique challenges of military life; helping to save the lives of others with first aid, CPR and other skills; or delivering international humanitarian aid; and
HEREAS, their work to prevent and alleviate human suffering is vital to strengthening our community’s resilience. We dedicate this month of March to all those who continue to advance the noble legacy of American Red Cross founder Clara Barton, who lived by her words, “You must never think of anything except the need, and how to meet it.” We ask others to join in this commitment to give back in our community; and
OW THEREFORE, I Mayor Emmett G. Badar, Mayor Pro Tem Ryan Vienna, Councilmembers John Ebiner, Eric Nakano and Eric Weber do hereby proclaim March 2024 as RED CROSS MONTH in the City of San Dimas, California.

N WITNESS THEREOF, I, Mayor Emmett G. Badar, have hereunto set my hand and caused the seal of the City of San Dimas to be affixed this 12th day of March 2024.
___________________________________
Mayor
Attest: ____________________________________
City Clerk
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DMV/Donate Life
W
HEREAS, organ, eye, tissue, marrow and blood donations are life-giving acts recognized worldwide as expressions of compassion to those in need; and
W
HEREAS, more than 100,000 individuals nationwide and more than 20,000 in California are currently on the national organ transplant waiting list, and on average, 17 people die each day while waiting; W
HEREAS, the need for donated organs is especially urgent in Hispanic, Latino and African American communities;
W
HEREAS, a single individual’s donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; donation of tissue can save and heal the lives of up to 75 others; W
HEREAS, deceased organ donors saved more than 42,000 lives last year, the most ever;
W
HEREAS, any person can register to be an organ, eye and tissue donor regardless of age or medical conditions;
W
HEREAS, being a registered donor does not impact the quality of life-saving medical care a person receives in an emergency; W
HEREAS, California residents can sign up with the Donate Life California Donor Registry when applying for or renewing their driver’s licenses or ID cards at the California Department of Motor Vehicles.

W
HEREAS, California residents can sign up with the Donate Life California Donor Registry online at any time by visiting www.donateLIFEcalifornia.org.

N
OW THEREFORE, I Mayor Emmett G. Badar, Mayor Pro Tem Ryan A.

Vienna, Councilmembers John Ebiner, Eric Nakano and Eric Weber hereby proclaim the month of April 2024 as “DMV/Donate Life Month” in the City of San Dimas.

I
N WITNESS THEREOF, I, Mayor Emmett G. Badar, have hereunto set my hand and caused the seal of the City of San Dimas to be affixed this 12th day of March 2024.
______________________________ Attest:_______________ _______________ Mayor City Clerk

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RESOLUTION 2024-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR FEBRUARY 29, 2024, AND MARCH 15, 2024
WHEREAS, the following listed demands have been audited by the Director of Administrative Services; and
WHEREAS, the Director of Administration Services has certified as to the availability of funds for payment thereto; and
WHEREAS, the register of audited demands has been submitted to the City Council for approval.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve the Prepaid Warrant Register of February 29 2024, in the Amount of $423,110.19 and Warrant Register of March 15, 2024, in the amount of $276,796.99.

PASSED, APPROVED AND ADOPTED this 12th, day of March 2024. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-15 was approved by vote of the City Council of the City of San Dimas at its regular meeting of March 12th, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Debra Black, City Clerk

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CITY COUNCIL MEETING

ACTION MINUTES
FEBRUARY 26, 2024, 6:00 PM

SPECIAL STUDY SESSION MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember John Ebiner, Councilmember Eric Nakano, Councilmember Eric Weber Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Director of Community Development Luis Torrico, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black, Acting Planning Manager Marco Espinoza, Senior Planner Anne Moore
Call to Order: 6:00 PM

STUDY SESSION ITEMS COMMENTS/RECOMMENDATIONS

1. Discussion of the Draft Downtown
Specific Plan (Continued from January 8,
2024, meeting)
The following key decisions/agreements were
made by consensus:
• The area east of Euclid
Avenue between Bonita
Avenue and Acacia
Avenue would be
designated as part of the
"Town Core" district, with
development standards
similar to the rest of the
Town Core area.
• The minimum setback for
developments adjacent
to single-family
residential properties
would be increased from
15 feet to 20 feet.
• Language would be
added to require a
certain percentage (e.g.
50% or higher) of ground
floor residential units in
certain areas to have
entry doors facing the
street.
• Dark sky lighting
standards would be

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referenced to guide
lighting requirements.
• Rezoning the
Bonita/Cataract site to
public, semi-public with
an overlay to allow
commercial
development along
Bonita.

Adjourned: 8:35 PM
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk

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CITY COUNCIL MEETING

ACTION MINUTES
FEBRUARY 27, 2024, 5:30 PM

STUDY SESSION ITEMS COMMENTS/RECOMMENDATIONS

1. Discussion of Budget Priorities The City Council and Staff discussed various budget requests and priorities. No action was
taken. Staff will evaluate budget requests
from Councilmembers and Commissions,
incorporate them into departmental planning,
and report back to Council on the costs and
feasibility of each item.

Adjourned: 6:50 PM
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________

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Debra Black, City Clerk

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CITY COUNCIL MEETING

ACTION MINUTES
FEBRUARY 27, 2024, 7:00 PM

REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember John Ebiner, Councilmember Eric Nakano, Councilmember Eric Weber Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Administrative Services Michael O’Brien, City Attorney Jeff Malawy, City Clerk Debra Black, Senior Management Analyst Lauren Marshall
Call to Order: 7:00 PM

CONSENT ITEMS COMMENTS/RECOMMENDATIONS

1. Recognize March as National Nutrition
Month

2. Adopt Resolution 2024-13, A Resolution
of the City Council of the City of San
Dimas, Approving Certain Demands for
the Warrant Register of February 29,
2024, in the Amount of $1,267,378.25

3. Approve the Minutes of the February 13,
2024, City Council Meeting

4. Adopt Resolution 2024-14 Amending the
City’s Pay Plan and Reimbursement
Schedule to Reclassify One Position in
the Community Development
Department and Reflect Changes
Pursuant to Ordinance 1304

5. Receive and File the January 2024
Investment Report

6. Approve the Mid-Year Report Budget
Report and Appropriations

7. Adopt Ordinance 1304 Amending San
Dimas Municipal Code (SDMC) Chapters

2.04 and 2.06 to Adjust Mayor and City
Councilmember Salaries

8. Adopt Ordinance 1305 Amending San
Dimas Municipal Code (SDMC) Chapter

13.36 (Community Tree Management) to
Permit an Increased Administrative Fine
for Egregious Community Tree Violations
MOTION: Motion/seconded by
Councilmember Ebiner/Mayor Pro Tem
Vienna to approve the consent calendar. The
motion carried 5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
Abstain: None

OTHER BUSINESS ITEMS COMMENTS/RECOMMENDATIONS

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February 27, 2024 City Council Minutes Page 2

1. Introduce Ordinance 1306 Amending
Chapter 14.11 (Stormwater Management
and Discharge) & Chapter 14.13 (Low
Impact Development) of the San Dimas
Municipal Code to Implement Updates to
the Los Angeles Regional Water Quality
Control Board’s Municipal Separate
Storm Sewer System (MS4) Permit
MOTION: Motion/seconded by
Councilmember Ebiner/Weber to introduce
Ordinance 1306. The motion carried 4-1 with
Councilmember Vienna’s abstention.

Yes: Badar, Ebiner, Nakano, Weber
No: None

Absent: None
Abstain: Vienna

STAFF AND CITY COUNCIL REPORTS COMMENTS/RECOMMENDATIONS a. City Manager None
b. City Attorney None
c. Members of the City Council
Reports on Meetings Attended AB 1234
(G.C. §53232.3(d))
Councilmember Nakano attended the
California Contract Cities Executive Board
Meeting on February 21, 2024. (This was not
an expense for the city.)

CITY COUNCIL REQUESTS FOR

FUTURE ITEMS

COMMENTS/RECOMMENDATIONS
None
Adjourned: 7:47 PM
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk

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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of March 12, 2024
From: Chris Constantin, City Manager
Prepared by: Anne Moore, Senior Planner
Subject: Consideration of Approval for an Additional Budget Appropriation of $25,205 from the General Fund and Approval for the City Manager to Execute an Amendment to the Agreement with Interwest Consulting Group to Increase a Not to Exceed Amount to $513,050 Associated with Additional Meetings Required to Complete the Review Process and for Additional Time and Work Needed to Finalize the Draft Downtown Specific Plan Document for Adoption. ____________________________________________________________________________

SUMMARY
At the August 24, 2021, City Council meeting, Resolution 2021-55 was adopted authorizing the City Manager to execute a Professional Services Agreement (PSA) between the City, and Interwest Consulting Group, Inc. (Consultant), to prepare the City’s Downtown Specific Plan (DTSP) and associated Environmental impact Report (EIR). The PSA was in effect until consultant services were completed, but in no event later than June 30, 2023.

At the November 22, 2022, City Council meeting, a budget amendment to appropriate additional funds for the DTSP was approved. In addition, at the July 25, 2023, City Council meeting, an extension of the PSA between the City and the Consultant was approved through June 30, 2025, along with an additional budget amendment to provide additional funds for study sessions and additional meetings.

As a result of public input received from the past four community meetings and City Council Study Sessions comments, the timeframe and scope of the DTSP has required additional time at the expense of the Consultant. Therefore, a budget amendment of an amount not to exceed $25,205 is being requested in order to compensate the additional time needed by the Consultant to finalize the Draft DTSP and EIR documents for adoption.

RECOMMENDATION
City Staff recommends that the City Council:

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DTSP Budget Amendment Page 2
For the Meeting of March 12, 2024
• Approve the appropriation of an additional $25,205 to the current budget (001.4308.020.019) for the Downtown Specific Plan (DTSP) to provide additional funds in order to compensate the additional time spent by the DTSP consultants for their attendance at additional City Council Study Session meetings and for additional time needed by the Consultant to finalize the Draft DTSP document for adoption; and • Authorize the City Manager or designee to execute such amendment to the City’s agreement with Interwest Consulting Group in the amount of $25,205 for a total amount of $513,050.

FISCAL IMPACT
Increases Expenditures by $25,205. Currently, $487,845 has been appropriated to fund the development of the DTSP through a City agreement executed by the City on August 31, 2021, with Interwest Consulting Group (Attachment 1) and subsequent budget amendments (Attachments 2 & 3).

In 2020, the City was awarded a $150,000 grant from the California Department of Housing and Community Development - Local Early Action Planning (LEAP) to assist in funding the DTSP. The total funds have been appropriated in the following two accounts 001.4308.020.019 (Downtown Specific Plan) and 001.4308.020.024 (Downtown Specific Plan – LEAP) that are appropriated in the 2022-23 budget.

In November 2022 and subsequently in July 2023, additional budget appropriations and agreement amendments in the amount of $13,900 and $5,400 respectively, were approved to fund additional analysis and meetings for the project. This request will require a budget amendment in the amount of $25,205 from the General Fund account into the Downtown Specific Plan Fund (001.4308.020.019) bringing the total cost to fund the DTSP to $513,050.

BACKGROUND
At the August 24, 2021, City Council Meeting, the City Council authorized the City Manager or designee to execute an agreement with Interwest Consulting Group as the consultant to develop the DTSP and related environmental documents. Through the course of three community workshops in 2022 and discussions with the project consultant team, Staff determined that additional studies were necessary to complete a comprehensive analysis to assist Staff and the consultant with the development of appropriate parking standards for the proposed uses in the DTSP and the development of standards that would regulate commercial to residential ratios for mixed-use developments within the DTSP. As a result, on November 22, 2022, an additional budget appropriation and agreement amendment in the amount of $13,900 was approved by the City Council to fund the additional analysis to better understand parking conditions, development feasibility, and validate proposed development standards for the DTSP.

Following the fourth community workshop that was held in March 2023 and discussions with the project consultant team, Staff determined that the existing Professional Services Agreement (PSA) contract needed to be extended to June 30, 2025 to provide sufficient time to complete the DTSP and associated EIR, and the funding of two (2) study sessions and four (4) additional public hearing meetings (if needed) would be appropriate. The purpose of the two (2) study sessions; one (1) with the Planning Commission, and one (1) with the City Council was to get additional input prior to finalizing a draft of the DTSP for presentation to the public at the final community

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DTSP Budget Amendment Page 3
For the Meeting of March 12, 2024
workshop and subsequently to the Planning Commission and City Council at future public hearings. Therefore, at the July 25, 2023, City Council Meeting, the City Council approved the extension of the existing PSA contract, and the allocation of $5,400 for the two (2) study sessions and four (4) additional public hearing meetings.

The extension of the PSA contract to June 30, 2025, at the July 25, 2023, City Council Meeting provides sufficient time to complete the DTSP; however, the additional timeframe also necessitates additional project coordination and costs onto the Consultant. The funding for the consultants to attend two (2) study sessions were utilized for the Planning Commission meeting on November 16, 2023, and the City Council meeting on December 12, 2023. An additional two (2) study sessions with the City Council were scheduled on January 8, 2024, and February 26, 2024. Additionally, various consultant expenditures earlier on in the DTSP process were not accounted for, including additional City Council meetings to finalize the DTSP boundary, and additional review/comments from Staff on the DTSP.

DISCUSSION/ANALYSIS
The additional budget amendment request is necessary to allow the Consultant to continue preparing the DTSP and associated EIR. The added budget amendment request of $25,205 is intended to cover the following expenses outlined in Table 1.

Table 1: Proposed Interwest Scope/Budget Amendment
Project Scope Added Cost
Task 1 Project Administration
Project coordination, bi-weekly meetings with
City staff, internal meetings $6,100
Task 9 Finalize Document and Adoption
Preparation of Public Review Draft $6,760
Finalize DTSP Document for Adoption $5,320
City Council Study Sessions (preparation and
attendance at three additional meetings)
$5,475
Public Hearings (two additional City Council
meetings attended by the Consultant in
2021/2022
$1,550
Total $25,205
Therefore, the requested budget amendment will allow for the Consultant to continue administering their time to review and make changes to the Draft DTSP and associated EIR in anticipation of any and all comments received prior to final public adoption hearings.

ALTERNATIVES
The City Council could decide to not approve the budget amendment and can provide alternative direction to staff.

ENVIRONMENTAL REVIEW
The action is not defined as a project under CEQA (Public Resources Code Section 21065, Section 15378 of the State CEQA Guidelines) because the funding will not involve any

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DTSP Budget Amendment Page 4
For the Meeting of March 12, 2024
commitment to any specific project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4)). Furthermore, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 15061(b)(3) of the State CEQA Guidelines). Any potential future project(s) identified would be required to undergo a separate CEQA review as part of the permit review process.

Respectfully submitted,
Anne Moore
Senior Planner
Attachment:

1. Interwest Professional Services Agreement (selected portions)

2. Interwest Budget Amendment for Additional Analysis (IBI and Kosmont Companies)

3. Interwest First Amendment to Professional Services Agreement

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Attachment 1

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Paul Meschino, President
Interwest Consulting Group, Inc. 12/5/23
Attachment 2

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1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This First Amendment to Professional Services Agreement (First Amendment) effective July 25, 2023, is entered into by and between the City of San Dimas, a municipal corporation (City), and Interwest Consulting Group, Inc., a Colorado corporation (Consultant).

WITNESSETH:

WHEREAS, City and Consultant entered into the certain agreement effective August 31, 2021 (Agreement), whereby Consultant is to perform consultation services related to the Downtown Specific Plan and associated Environmental Impact Report (Consultant Services); and WHEREAS, on November 22, 2022, City approved a change order, as provided by the Agreement, to increase the compensation by $13,900 to conduct additional analysis and provide additional data to support proposed development standards for the Downtown Specific Plan; and WHEREAS, City and Consultant wish to extend the termination date and increase the compensation of the Agreement to provide funds for additional meetings and public hearings.

NOW, THEREFORE, the parties hereto do hereby mutually covenant and agree as follows:

1. Section I of the Agreement is hereby amended as follows (bold underlined text is added, stricken text is deleted):

Term
This AGREEMENT shall commence on August 31, 2021 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023 June 30, 2025 unless sooner terminated pursuant to the provisions of this AGREEMENT.

2. Section 5 (A) of the Agreement is hereby amended as follows (bold underlined text is added, stricken text is deleted):

The CITY agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed four hundred sixty-eight thousand five hundred forty-five dollars ($468,545.00) four hundred eighty-seven thousand eight hundred forty-five dollars ($487,845.00) for the total term of the AGREEMENT unless additional payment is approved as provided in this AGREEMENT.

3. The first sentence of Task 9.3 on Page 15 of Exhibit E of the Agreement is hereby amended as follows (bold underlined text is added, stricken text is deleted):

The Interwest Team will participate in a maximum of four (4) eight (8) public hearings in support of the adoption of the Specific Plan, to include hearings before the Planning Commission and the City Council.

Attachment 3

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2 “Deliverables” in Task 9.3 on Page 15 of Exhibit E of the Agreement is hereby amended to increase the number of City Council hearings to 8.

4. The first sentence of Task 2.4 on Page 7 of Exhibit E of the Agreement is hereby amended as follows (bold underlined text is added, stricken text is deleted):

The Interwest team will work with City Staff to facilitate a series of five (5) Community Workshops and two (2) study sessions; one with the Planning Commission and one with the City Council.

The last sentence of Task 2.4 on Page 7 of Exhibit E of the Agreement is hereby amended as follows (bold underlined text is added, stricken text is deleted):

Community Workshop No. 1 to provide a preliminary overview of existing conditions and engage in a visioning session that will elicit goals and objectives and reveal preliminary ideas and concepts for planning and development of the study area.

Community Workshop No. 2 to discuss the development vision and guiding principles for the specific plan area, as well as evaluating a range of concepts and ideas that we generate in response to the first workshop.

Community Workshop No. 3 to review and discuss a synthesis of those concepts and ideas in the form of a “Framework Plan”, or preferred alternative, with a range of sub-alternatives.

Community Workshop No. 4 to review and discuss the Draft Specific Plan Policies and implementation.

Planning Commission Study Session to review, discuss and get input on Draft Specific Plan
City Council Study Session to review, discuss and get input on Draft Specific Plan
Community Workshop No. 5 to review and discuss the Final Draft Downtown Specific Plan, including any changes from the previous Study Sessions, in a joint Study Session with the Planning Commission and City Council. “Deliverables” in Task 2.4 on Page 8 of Exhibit E of the Agreement is hereby amended to increase the number of Community Workshops to five (5), and add two (2) study sessions.

5. Except as expressly provided herein the terms and conditions of the Agreement shall remain in full force and effect.

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3 IN WITNESS WHEREOF, the below individuals have executed this First Amendment on behalf of City and Consultant, respectively.

CITY OF SAN DIMAS, a municipal
corporation
By: ________________________________
Chris Constantin
City Manager
Date: ______________________________
Attest:

By: ________________________________
Debra Black
City Clerk
Date: ______________________________
Approved as to form:

By: ________________________________
Jeff Malawy
City Attorney
Date: ______________________________
Interwest Consulting Group, Inc., a
Colorado Corporation
By: ________________________________
Date: ______________________________
By: ________________________________
Date: ______________________________
9/5/2023

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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of March 12, 2024
From: Chris Constantin, City Manager
Prepared by: Hilly Sebadja, Management Analyst
Subject: Approve Grant Termination and Reimbursement of $641,080.92 in Proposition A Grant Fund for the Walnut Creek Habitat and Open Space Development Project to Maintain the City’s Good Standing with the Los Angeles County Regional Park and Open Space District and Authorize the City Manager to Execute Such Agreements as Necessary in a Form Approved by the City Attorney
____________________________________________________________________________

SUMMARY
The City of San Dimas requested the termination of the grant agreement with Los Angeles County Regional Park and Open Space District (RPOSD) for the Walnut Creek Wildlife Habitat & Open Space Development and necessitated the reimbursement of Prop A grant funds paid to date. The returned funds will extinguish any and all obligations pursuant to the Grant Agreement and maintain the City’s good standing.

RECOMMENDATION
Staff recommends that the City Council:
• Approve a total amount of $641,080.92 payable to Los Angeles County Regional Park and Open Space District (RPOSD) for grant termination and reimbursement of Prop A grant funds paid to date from the Walnut Creek Habitat and Open Space Development, and • Authorize the City Manager to execute any agreement, as necessary, to effectuate the grant termination and reimbursement in a form approved by the City Attorney. • Determine that no substantial changes to the project, no substantial changes in circumstances, nor any new information results in any new or substantially more severe significant environmental impacts that require major revisions to the Mitigated Negative Declaration approved for the trail project in 2016, and that no other circumstances under

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Grant Termination and Reimbursement of Prop A Grant Fund for Walnut Creek Habitat and Open Space Development Page 2
For the Meeting of March 12, 2024
CEQA Guidelines 15162 are present, and that therefore no additional environmental analysis or document is required.

FISCAL IMPACT
The total cost of returning funds to RPOSD is in the amount of $641,080.92 in Account # 020.4410.937.022. This budget amount is reflected on the mid-year allocation amendment request.

BACKGROUND
In January 2014, the City of San Dimas received a Proposition A grant for the Walnut Creek Habitat and Open Space project in the amount of $850,000. The City completed the trail project in 2022 and to date has received $641,080.92 of reimbursement from the grant funder, RPOSD.

Upon the final site visit on September 2022, RPOSD identified that the pedestrian gate from Loma Vista Park was not built and thus the project was deemed deficient in meeting the grant scope obligations. While the pedestrian access was in the initial grant scope, it was removed after a community engagement process in 2015-16.

In 2015-16, RPOSD grant procedures required the City to process a grant amendment to eliminate the requirement of the pedestrian gate, but such amendment was not filed. In 2022-23, City staff identified the deficiency while closing the grant and made the requisite amendment request, as other project elements had been completed. In February 2023, City staff requested RPOSD approve an amendment to the grant scope, eliminating the access gate from Loma Vista Park, but the request was opposed by RPOSD.

After discussion of alternatives with RPOSD, the only option which would honor the City’s commitment to the community participating in the public input process would be to terminate the grant and reimburse grant funds in the amount of $641,080.92.

DISCUSSION/ANALYSIS
City staff met with RPOSD on February 13, 2024, and presented the proposed option for meeting the grant scope requirement. Upon discussion with RPOSD representatives, the City’s proposal to terminate the grant agreement for the project was accepted. This agreement requires the City to reimburse RPOSD the grant funds received to date, in the amount of $641,080.92. Upon RPOSD’s receipt of funds, the grant will be terminated. RPOSD accepts this approach which would eliminate any further grant performance requirements, remove any dedication and future obligations under the grant agreement, and would leave the City in good standing for future grant applications.

Per RPOSD correspondence dated February 15, 2024, the City has forty-five (45) days to return the grant funding. (See Attachment 1). The City has provided a draft agreement to RPOSD to execute the termination and remove a deed restriction on the project due to the grant (See Attachment 2 and 3), which is being reviewed by RPOSD.

ALTERNATIVES

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Grant Termination and Reimbursement of Prop A Grant Fund for Walnut Creek Habitat and Open Space Development Page 3
For the Meeting of March 12, 2024
The City Council could provide alternative direction or not authorize the return of grant funds to RPOSD; however, the alternative would require the City to perform on the original grant agreement.

ENVIRONMENTAL REVIEW
The Board of the Watershed Conservation Authority adopted a Mitigated Negative Declaration for the trail project in May 2016 (See Attachment 4 for Final Notice of Determination, https://www.wca.ca.gov/walnut_creek_habitat). Since that adoption, no substantial changes to the project, no substantial changes in circumstances, nor any new information has resulted or will result in any new or substantially more severe significant environmental impacts that require major revisions to the Mitigated Negative Declaration, and no other circumstances under CEQA Guidelines 15162 are present. Therefore, no additional environmental analysis or document is required.

Respectfully submitted,
Hilly Sebadja
Management Analyst
Attachments:

1. RPOSD Letter of Grant Termination

2. Draft Termination Agreement and Release Agreement

3. Exhibit - Draft Deed Restriction Termination

4. Final Notice of Determination - Mitigated Negative Declaration

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ATTACHMENT 1

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ATTACHMENT 2

GRANT TERMINATION AND RELEASE AGREEMENT
This Grant Termination and Release Agreement (“Termination Agreement”) is made as of March ___, 2024 (“Effective Date”) by and between (i) the City of San Dimas, a municipal corporation ("City"), and (ii) Los Angeles County Regional Park & Open Space District ("RPOSD").

RECITALS
A. Pursuant to grant agreements executed by the City and RPOSD in January 2014 and in November 2015 and subsequent amendments thereto (collectively, the “Grant Agreement”), the City was eligible for the receipt of Los Angeles County Proposition A grant funds (Grant No. 58H9-14-2379) in the amount of $850,000 to be used in connection with the City’s Walnut Creek Wildlife Habitat & Open Space Development Project ("Project").

B. Pursuant to language in the Grant Agreement, the City was required to record on the title of the Project site property a deed restriction requiring compliance with certain Los Angeles County propositions and the Grant Agreement in perpetuity. Such a deed restriction (the “Deed Restriction”) was recorded on February 27, 2019.

C. As of the date of this Termination Agreement, the City has received $641,080.92 in grant funds from RPOSD pursuant to the Grant Agreement, which it used to complete portions of the Project. The City no longer desires to complete the Project as initially designed.

D. By a letter dated February 15, 2024, RPOSD indicated to the City that it would agree to termination of the Grant Agreement (which includes termination of the City’s obligation to complete the Project as initially designed) provided that the City return to RPOSD the $641,080.92 in grant funding received by the City within forty-five (45) days.

E. The City and RPOSD now desire to memorialize their mutual agreement to terminate the Grant Agreement subject to the terms and conditions set forth herein.

NOW, THEREFORE, the parties agree as follows:

AGREEMENT

1. City Return of Grant Funds Received. In consideration for the termination of the Grant Agreement as provided for in Section 2 below and the releases contained in Section 3 below, the City will pay the amount of $641,080.92 to RPOSD (“City Payment”) no later than March 31, 2024. The City Payment shall be by means of a check made payable to “______________________” and shall be delivered to the following address:

Los Angeles County Regional Park and Open Space District Attn: Grant #2379 Walnut Creek Project

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01171.0005/964115.3 2
1000 South Fremont Avenue, Unit #40
Building A-9 East, Ground Floor
Alhambra CA 91803
Within three (3) business days of delivery of the City Payment to RPOSD, RPOSD shall send confirmation of receipt of the City Payment to the City’s City Manager via email ([email protected]).

2. Termination of Grant Agreement Effective Upon Receipt of City Payment. The Grant Agreement shall terminate automatically upon delivery of the City Payment to RPOSD, and shall be deemed terminated effective as of that delivery date (“Termination Date”). As of the Termination Date, all rights and obligations of both parties under the Grant Agreement shall be terminated and of no further force and effect.

3. Mutual Release of Claims. Each party to this Termination Agreement releases and discharges the other party from any and all losses, damage, including special damages, injuries, property damage, costs, expenses, claims and causes of action, including but not limited to breach of contract, arising out of or in connection with the Grant Agreement and the Project.

4. City To Remain in Good Standing. Upon delivery of the City Payment to RPOSD, RPOSD agrees not to change the City’s “good standing” status with RPOSD for any reason related to the Project, the Grant Agreement, or this Termination Agreement.

5. Release of Deed Restriction. Upon delivery of the City Payment to RPOSD, RPOSD shall promptly execute, acknowledge and record a document releasing the Deed Restriction to remove it from title to the Project site property. The form of the document to be recorded by RPOSD is attached hereto as Exhibit “A” [note to RPOSD: City will prepare this document]. RPOSD agrees to indemnify, defend and hold harmless, the City and all its officers, employees and agents against all claims, demands, and causes of action arising out of or in connection with the Deed Restriction and RPOSD’s obligation to record a release of the Deed Restriction as provided in this Section 5.

6. Authority. Each party represents to the other that it has the right to enter into this Termination Agreement and the authority to fulfill all conditions and requirements specified herein. RPOSD specifically represents to the City that: i) it has the authority to agree with the City to terminate the Grant Agreement as provided in Section 2 above, and ii) it has the authority to remove the Deed Restriction from title of the Project site property as provided in Section 5 above. The parties represent that they have obtained or will obtain all necessary approvals to execute this Termination Agreement. It is further represented and agreed that the individuals signing this Termination Agreement on behalf of the respective parties have actual authority to execute it and, by doing so, bind the party on whose behalf this Termination Agreement has been signed.

7. Execution in Counterpart. This Termination Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one

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01171.0005/964115.3 3
and the same instrument.

8. Applicable Law. This Termination Agreement shall be governed by and construed in accordance with the laws of the State of California.

9. Miscellaneous. This Termination Agreement shall be construed according to its fair meaning as if prepared by both parties. In any action or proceeding by either party to enforce this Termination Agreement or any provision thereof, the prevailing party shall be entitled to all costs incurred (including expert witness fees) and to any reasonable attorneys' fees incurred.

IN WITNESS WHEREOF, the City and RPOSD have executed this Termination Agreement as of the Effective Date.

RPOSD: CITY:

LOS ANGELES COUNTY REGIONAL

PARK AND OPEN SPACE DISTRICT
By: _______________________
Norma E. Garcia-González
Director

CITY OF SAN DIMAS,
a municipal corporation
By: _________________________
Chris Constantin, City Manager
ATTEST:
___________________
Debra Black, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By: ________________________
Jeff Malawy, City Attorney

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01171.0005/964115.3 4
Exhibit A

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ATTACHMENT 3

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of San Dimas
245 E. Bonita Avenue
San Dimas, CA 91773
Attn City Clerk
________________________________________________________________ APN. ________________ Space Above this Line for Recorder’s Use Only Exempt from recording fees Gov. Code 6133

RELEASE AND TERMINATION OF

DEED RESTRICTION
This RELEASE AND TERMINATION OF DEED RESTRICTION (“Termination”) is executed by the LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT, a public agency (“District”) and CITY OF SAN DIMAS, a California municipal corporation (“City”).

RECITALS
A. City owns that certain real property legally described on Exhibit A attached hereto and incorporated herein by reference (“City Property”).

B. In 2014, the City received a grant of Los Angeles County Proposition A grant funds (Grant No. 58H9-14-2379) in the amount of $850,000 to be used in connection with the City’s Walnut Creek Wildlife Habitat & Open Space Development Project ("Project").

C. As required by the Grant, that certain Deed Restriction was recorded against the City Property in favor of the District on February 27, 2019 as Instrument No. 20190174376 in the Official Records of Los Angeles County, California (“Deed Restriction”).

D. Pursuant to that certain Grant Termination and Release Agreement dated ________, 2024 between the City and District, the Grant has been terminated by repayment and accordingly the Deed Restriction is to be terminated from the public record.

E. Accordingly the parties are hereby terminating the Deed Restriction.

ACKNOWLEDGEMENT OF TERMINATION
The Deed Restriction is hereby terminated in its entirety and removed from the City Property.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, City has executed this Termination as of the dates

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01171.0005/966134.1 2
specified below.

DISTRICT: CITY:

LOS ANGELES COUNTY REGIONAL

PARK AND OPEN SPACE DISTRICT
By: _______________________
Norma E. Garcia-González
Director
Dated: _________________, 2024
CITY OF SAN DIMAS, a municipal
corporation
By: _______________________
Chris Constantin, City Manager
Dated: _________________, 2024
ATTEST:
_______________________________
Debra Black, MMC
City Clerk/Communications Director
APPROVED AS TO FORM:

ALESHIRE & WYNDER LLP
By: _______________________
Jeffrey Malawy, City Attorney

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01171.0005/966134.1 1

EXHIBIT A

LEGAL DESCRIPTION OF CITY PROPERTY
That certain real property in the City of San Dimas, County of Los Angeles, State of California legally described as follows:

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01171.0005/966134.1 2

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01171.0005/966134.1 1

STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )
On _________________, 2024 before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01171.0005/966134.1 1

STATE OF CALIFORNIA )
) ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

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WATERSHED CONSERVATION AUTHORITY

NOTICE OF DETERMINATION
TO: D State Clearinghouse
Office of Planning & Research
P.O. Box 3044
Sacramento, CA 95812-3044
[8J County Clerk
County of Los Angeles
12400 Imperial Highway
Norwalk, CA 90650
FROM: Watershed Conservation Authority
100 N Old San Gabriel Canyon Road
Azusa, CA 91702
Contact Person: Robert Romanek
Telephone Number: (626) 815-1019
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.

STATE CLEARINGHOUSE NUMBER: 2015051047
PROJECT TITLE: Walnut Creek Habitat and Open Space
PROJECT APPLICANT: Watershed Conservation Authority
PROJECT LOCATION: City of San Dimas and unincorporated West San Dimas, Los Angeles County PROJECT DESCRIPTION: The Conceptual Plan envisions a new park site on the 60.9 acre project site. The predominate activity will be passive recreation that highlights the existing natural landscape, and educates visitors about the native California environment. A series of multi-purpose trails will encourage visitors to explore and enjoy the natural beauty of the site. Additional program opportunities within the future park are concentrated in one place to reserve most of the site as a natural habitat. Although restoration to a fully native plant palette is not proposed, the management of invasive species and re-vegetation using native species is a priority. The Conceptual Plan provides options for vehicular and pedestrian site access.

This is to advise that the Governing Board of the Watershed Conservation Authority has approved the above described project on May 23, 3016 and has made the following determinations regarding the above described project.

1. The project [0 will 1:81 will not] have a significant effect on the environment.

2. D An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. [8J A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures [[8] were D were not] made a condition of the approval of the project.

4. A mitigation reporting or monitoring plan [[8] was D was not] adopted for this project.

5. A statement of Overriding Considerations [0 was [8J was not] adopted for this project.

6. Findings [[8] were D were not] made pursuant to the provisions of CEQA.

This is to certify that the Negative Declaration and record of the project approval are available to the general public at the Watershed nservatio Authority office, 100 North Old San Gabriel Canyon Road, Azusa, California 91720. 5/1.1/lt
Signature Date
Project Manager (Acting Environmental Coordinator)
Title
Date Received for Filing at OPR

ORIGINAL FILED
MAY 2 4 2016

LOS ANGELES, COUNTY CLERK
ATTACHMENT 4

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State of California-Natural Resources Agency

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
2016 ENVIRONMENT AL FILING FEE CASH RECEIPT
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY
LEAD AC;;t:NCY

WATERSHED CONSERVATION AUTHORITY

COUNTY/STATE AGENCY OF FILING

LOS ANGELES

PROJECT TITLE

WALNUT CREEK HABITAT AND OPEN SPACE

PROJECT APPLICANT NAME

ROBERT ROMANEK

PROJECT APPLICANT ADDRESS
100 N OLD SAN GABRIEL CANYON ROAD
PROJECT APPLICANT (Check appropriate box):
0 Local Public Agency D School District
CHECK APPLICABLE FEES:

D Environmental Impact Report (EIR)
0 Negative Declaration (ND)(MND)
D Other Special District
D Application Fee Water Diversion (State Water Resources Control Board Only) D Projects Subject to Certified Regulatory Programs (CRP) 0 County Administrative Fee
D Project that is exempt from fees
□ Notice of Exemption
□ CDFW No Effect Determination (Form Attached)
□ Other
PAYMENT METHOD:

D Cash □ Credit

SIGNATURE
X
@ Check D Other
CITY
AZUSA
RECEIPT#
201605240570022
STATE CLEARING HOUSE# (If applicable)
STATE
CA
DAit:
05/24/2016

DOCUMENT NUMBER
2016130211

PHONE NUMBER
(626)815-1019

ZIP CODE
91702
D State Agency D Private Entity
$3,070.00 $ 0.00
$2,210.25 $ 2,210.25
$850.00 $ 0.00
$1,043.75 $ 0.00
$eG,OO $ 75.00
$ 0.00
$ 2,285.25
ORIGINAL - PROJECT APPLICANT COPY - CDFW/ASB COPY - LEAD AGENCY Page 76 – 148 COPY - COUNTY CLERK FG 753.5a (Rev. 01/16) Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of March 12, 2024
From: Chris Constantin, City Manager
Prepared by: Kimberly Neustice, Senior Management Analyst Subject: Receive, File, and Authorize Submittal of the 2023 Annual Housing Progress Report to California State Department of Housing and Community Development for the 2021-2029 Housing Element
____________________________________________________________________________

SUMMARY
All Cities are required to update the California Department of Housing and Community Development on their progress towards the 2021-2029 Housing Element by filing an annual progress report due to the State by April 1, 2024. This report shows the progress made by the City in implementing policies adopted as part of the 2021-2029 Housing Element, housing projects entitled, and building permits issued for new residential construction in the 2023 calendar year. This item authorizes the submittal of the City’s annual report for 2023.

RECOMMENDATION
City Staff recommends that the City Council:

1. Receive and File the Housing Element Annual Report for calendar year 2023.

2. Direct staff to submit the report to the California Department of Housing and Community Development.

FISCAL IMPACT
There is no fiscal impact for the recommended action.

BACKGROUND
The Housing Element identifies key housing goals, policies, quantified objectives and scheduled implementation programs aimed at preserving and enhancing residential neighborhoods,

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Housing Element Annual Progress Report Page 2
For the Meeting of March 12, 2024
sustaining the community’s character and environmental resources, and efficiently planning for the future use of remaining undeveloped or redeveloped properties so that they fulfill the City’s fair share of the regional housing need.

DISCUSSION/ANALYSIS
In April of each year, the City is required to file with the California Department of Housing and Community Development (HCD) an Annual Progress Report on the progress with the adopted 2021-2029 Housing Element per Government Code Section 65400. By providing the Annual Progress Report to HCD, the City qualifies for State housing, community development, and transportation funding, and the ability to apply for grants. The 2023 Housing Element Annual Progress Report (Attachment 1) includes information on the jurisdiction’s progress in addressing the Regional Housing Needs Allocation (RHNA), including the number of housing units permitted by income level, the status of programs in the housing element and efforts to remove governmental constraints.

The Annual Progress Report is divided into eleven Tables (A, A2, B, C, D, E, F, G, H, I, and J).

For reference “reporting year” for this Annual Progress Report is January 1, 2023, through December 31, 2023. Staff has noted which Tables are not applicable to San Dimas. • Table A – Includes data on housing units and development for which an application was submitted and “deemed complete” during this reported year. In Table A, the “application” is either an application for discretionary entitlement, or where only a ministerial process is required (e.g., zoned by right) for application of a building permit. In the 2023 reporting year, the City received a total of 39 completed applications for a total of 64 housing units which include 25 accessory dwelling units and 39 single-family detached dwellings. • Table A2 – Includes information for a project’s affordability component and includes the net new housing units and developments that have received (a) an entitlement; (b) a building permit; or (c) a certificate of occupancy. However, only building permits are used for the purpose of determining progress towards the City’s RHNA. In the reporting year, 32 building permits were issued for construction (9 single-family units and 23 accessory dwelling units), and an additional 27 units received a certificate of occupancy (18 single-family dwelling units and 9 accessory dwelling units). • Table B – Provides a summary of prior permitting activity (permits issued) in the current Planning Period (2021-2029), including activity for the current reporting year. The table reports the number of units for which permits were issued to demonstrate progress in meeting the City’s share of regional housing need for the Planning Period. Table B shows that the City has permitted 81 units thus far during the Planning Period, leaving 1,167 remaining RHNA units by income level.
• Table C (not applicable) – Includes sites identified or rezoned to accommodate shortfall housing need. This table only applies if the City identifies an unaccommodated need of sites from the previous Planning Period, has a shortfall as identified in the housing element, or is identifying additional sites required by no net loss law Government Code Section 65863. The City did not have any such information to report for 2023. • Table D – Reports the status and progress of housing element program and policy implementation for all programs described in the housing element.

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Housing Element Annual Progress Report Page 3
For the Meeting of March 12, 2024
• Table E (not applicable) – This table only applies if the City approved any commercial development bonuses during the reporting year per Government Code Section 65915.7.

To qualify, an applicant for a commercial development enters into an agreement for partnered housing to contribute affordable housing through a joint or two separate projects encompassing affordable housing and the commercial developer receives a development bonus. During the reporting year of 2023, the City did not receive any such applications. • Table F (not applicable) – This table identifies units that have been substantially rehabilitated, converted from market-rate to affordable by acquisition, and preserved units consistent with the standards set forth in Government Code Section 65583.1(c). In order to count units reported in this table as progress towards RHNA, the City would need to provide HCD with information to demonstrate that the units meet the standards as prescribed by State law. If HCD agrees that the units meet the standards set forth in Government Code Section 65583.1(c)(1)(D), these units may credit up to 25 percent of the City’s adequate site requirement per income category. During the reporting year of 2023, no units met the criteria of Government Code Section 65583.1(c). • Table F2 (not applicable) – This table reports the number of existing units that have been converted from above moderate-income to moderate-income pursuant to Government Code Section 65400.2 which requires that the units are subject to a long-term agreement with a public entity that they are to be affordable to, and occupied by, persons of moderate income for a term of 55 years. During the reporting year of 2023, no units met the criteria of Government Code Section 65400.2.
• Table G – This table reports locally owned lands included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to Government Code Section 65400.1. The property located at 123 N Monte Vista (formerly Taylor House) was transferred to Pomona Habitat for Humanity in May of 2023 and has been added to this table.
• Table H (not applicable) - This table reports a list of the City’s inventory of surplus lands as defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within jurisdictions. • Table J (not applicable) – This table reports student housing developments that have a density bonus approved pursuant to Government Code Section 65915(b)(1)(F) however; the numbers reported in this section cannot be applied to the entity’s RHNA numbers.

During the reporting year of 2023, no units met the criteria of Government Code Section 65915(b)(1)(F).

Staff will continue to implement existing affordable housing programs identified in the housing element while exploring new tools, funding mechanisms, and partnerships to support the City’s commitments towards facilitating the provision of affordable housing in order to achieve the City’s RHNA goals. Staff will continue to work with property owners on the development standards required to construct ADU’s and JADU’s on their properties.

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Housing Element Annual Progress Report Page 4
For the Meeting of March 12, 2024

ENVIRONMENTAL REVIEW
This item is not subject to environmental review under the California Environmental Quality Act (CEQA). Under CEQA guidelines Section 15378 (b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment are not CEQA projects. Moreover, under CEQA guidelines CEQA guidelines Section 15784 (b)(4), government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment are not CEQA projects.

Respectfully submitted,
Kimberly Neustice
Senior Management Analyst
Attachments:

1. 2023 Annual Housing Element Progress Report

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ATTACHMENT 1
Jurisdiction San Dimas
Reporting Year 2023 (Jan. 1 - Dec. 31)
Housing Element Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Building Permits Issued by Affordability Summary
Income Level Current Year
Deed Restricted 0
0 0
0 0
0 Very Low
Low
Non-Deed
Restricted
Deed Restricted
Non-Deed
Restricted
Deed Restricted
Moderate Non-Deed
Restricted
Above Moderate 32
Total Units
Note: Units serving extremely low-income households are included in the very low-income permitted units totals 32 Units by Structure Type
Single-family Attached
Single-family Detached
2 to 4 units per structure
5+ units per structure
Entitled Permitted Completed
0 5
0 0
0 0
0 9
0 18
0 0
0 0
Accessory Dwelling Unit
Mobile/Manufactured Home
23 0
9 0
Total 5 32 27
Infill Housing Developments and Infill Units Permitted
Indicated as Infill
# of Projects Units
24 8
24 Not Indicated as Infill 8
Housing Applications Summary
Total Housing Applications Submitted: 38
57 57
0 Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Use of SB 35 Streamlining Provisions - Applications
Number of SB 35 Streamlining Applications
Number of SB 35 Streamlining Applications Approved
0 0

Page 81 ends

Units Constructed - SB 35 Streamlining Permits
Income
Very Low
Rental Ownership Total
Units
Units
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Low
Moderate
Above Moderate
Total
Streamlining Provisions Used - Permitted Units
SB 9 (2021) - Duplex in SF Zone
SB 9 (2021) - Residential Lot Split
AB 2011 (2022)
# of Projects
1 0
0 0
0 1
0 0
0 0
SB 6 (2022)
SB 35 (2017)
Ministerial and Discretionary Applications # of Applications Ministerial
Discretionary
28 10
29 28
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus Number of Units in Applications Submitted Requesting a Density Bonus Number of Projects Permitted with a Density Bonus
0 0
0 Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned
Programs Implemented
Count
82 Sites Rezoned to Accommodate the RHNA 0

Page 82 ends

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Jurisdiction San Dimas Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Table A
Housing Development Applications Submitted
Total
Approved
Units by
Project
7 Total
Disapproved
Units by
Project
8 Date
Application
Submitted
Density Bo
Applica Project Identifier
1 Unit Types Proposed Units - Affordability by Household Incomes Streamlining 2 3 4 5 6 9 10
Did the housing
development
application seek
incentives or
concessions
pursuant to
Please select
streamlining
provision/s the
application was
Date
Application
Submitted
(see
Tenure Very Low-Income Non
Deed
Moderate-Income
Deed
Moderate-Income
Non Deed
Restricted
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Very Low-Income Deed
Restricted
Low-Income Low-Income Above
Moderate-Income
Total

APPROVED
Total
DISAPPROVED Local Jurisdiction
Tracking ID
Total PROPOSED
Units by Project Prior APN+ Current APN Street Address Project Name+ Deed Non Deed Restricted R=Renter
O=Owner Restricted Units by project Units by Project submitted pursuant to. Restricted Restricted instructions) Government Code section 65915?
Summary Row: Start Data Entry Below
8385014040 1001 Witherill St
0 0 0 0 0 29 35 64
1 1
1 1
64 1
1 1
1 0
BD2330268
BD2330689
BD2329903
BD2329904
BD2330702
ADU O
O
O
O
O
O
4/26/2023
8/7/2023
1/31/2023
1/31/2023
8/9/2023
1 NONE
NONE
NONE
NONE
NONE
No
No
No
No
No
No
8385013014 1046 Southcliff St
8661015026 110 E Baseline Rd
8661015026 110 E Baseline Rd
8385005013 1114 W Tudor St
8661008013
SFD
ADU
ADU
ADU
SFD
1 1
1 1 1
1 1
1 1 SB 9 (2021) -
Duplex in SF
1123 Wehner Ln Zone
8661008013
BD2330205 4/12/2023
SFD O 1 1 1 SB 9 (2021) -
Duplex in SF
Zone
No
1123 Wehner Ln
8387016032 113 W First St
8387010043 114 W Fourth St
8661010017 128 Ashvale Dr
8661010017 128 Ashvale Dr
8383002024 1412 W Renwick Rd
8661015003 144 E Baseline Rd
8665042022 1708 Canyon Oaks Ln
8665042022 1708 Canyon Oaks Ln
8665042021 1709 Canyon Oaks Ln
8665042021 1709 Canyon Oaks Ln
8665023012 1921 Hawkbrook Dr
8390020033 205 W Nubia St
8387001031 213 W Fifth St
8390021007 231 W Railway St
8387015023 244 W Third St
8386015030 320 W Second St
8382018083 325 Rebecca Dr
8390009056
BD2330206
BD2330369
BD2330896
BD2329872
BD2330103
BD2330285
BD2331185
BD2330760
BD2330761
BD2330758
BD2330759
BD2329983
BD2329888
BD2330448
BD2330743
BD2330534
BD2329927
BD2331139
4/12/2023
5/18/2023
9/29/2023
1/24/2023
3/22/2023
4/28/2023
12/22/2023
8/23/2023
8/23/2023
8/23/2023
8/23/2023
2/21/2023
1/27/2023
6/6/2023
ADU
ADU
ADU
ADU
ADU
ADU
SFD
ADU
SFD
ADU
ADU
ADU
ADU
ADU
ADU
ADU
SFD
SFA
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
1 1
1 1
1 1
1 1
1 1
8/22/2023
6/26/2023
2/7/2023
12/7/2023 1
1 NONE
SB 9 (2021) -
Duplex in SF
Zone
SB 9 (2021) -
Residential Lot
Split
SB 9 (2021) -
Residential Lot
Split
330 Moore Pl
8392015030
BD2330744
BD2330638
8/22/2023
7/25/2023
SFD
SFD
O
O
2 2
2 2
2 No
No
349 W Gladstone St
8392007033 2
425 E Gladstone St
8383007026 615 N Lone Hill Ave
8390005010 621 N Hatfield Ave
8387002064 624 N Monte Vista Ave
8390012019 634 E Juanita Ave
8392018036 728 N Amelia Ave
8382020066 762 S Walnut Ave
8392011027 912 N San Dimas Ave
BD2330162
BD2331022
BD2331010
BD2330019
BD2330358
BD2330701
BD2329895
BD2330907
4/3/2023
11/2/2023
10/30/2023
3/2/2023
5/17/2023
8/8/2023
ADU
ADU
ADU
2 to 4
ADU
SFD
O
O
O
R
O
O
R
1 1
1 2
1 1
1 1
1 1
2 1
1 1
1 1
1 2
1 1
1 NONE
NONE
NONE
NONE
NONE
NONE
NONE
No
No
No
No
No
No
No
1/30/2023
ADU 10/3/2023

Page 83 ends

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier
1 Unit Types Affordability by Household Incomes - Completed Entitlement 2 3 4 5 6
Tenure Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Very Low-Income Deed
Restricted
Very Low-Income Non
Deed Restricted
Low- Income
Non Deed
Restricted
Moderate-Income Deed
Restricted
Moderate-Income Non
Deed Restricted
Above
Moderate-Income
Entitlement
Date Approved Local Jurisdiction
Tracking ID
Low- Income
Deed Restricted
# of Units issued
Entitlements
Prior APN+ Current APN Street Address Project Name+
R=Renter
O=Owner
Summary Row: Start Data Entry Below
8385014040 1001 Witherill St
0 0 0 0 0 0 5 5
BD2330268
BD2329904
BD2329903
BD2330369
BD2330103
BD2329872
BD2027099
BD2228947
BD2229181
BD2330285
BD2229286
BD2330420
BD2330196
BD2330195
BD2330695
BD2330696
BD2330694
BD2127848
BD1926235
BD2229666
BD2330198
BD2329888
BD2330448
BD2331035
BD2229025
BD2229419
BD2228686
BD2229390
BD2330019
BD2229164
BD2229178
BD2330670
BD2128518
BD2228843
BD2228636
BD2127568
BD2228637
BD2228840
BD2228638
BD2228839
BD2228639
BD2128521
BD2128522
BD2128523
BD2228841
BD1825112
BD1825115
BD1825116
BD1825117
BD2127896
BD1825118
BD2128342
BD2128182
BD2128191
BD2027393
BD2128272
ADU O
R
R
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
8661015026 110 E Baseline Rd
8661015026 110 E Baseline Rd
8387016032 113 W First St
8661010017 128 Ashvale Dr
8661010017 128 Ashvale Dr
8387015038 130 W Third St
8661004005 1317 Sierra View Dr
8661013058 132 E Penn St
8383002024 1412 W Renwick Rd
8390021036 145 W Commercial St
8665038025 1606 Brasada Ln
8665038047 1633 Brasada Ln
8665038046 1637 Brasada Ln
8665041041 1664 Brasada Ln
8665038053 1703 Chimney Oaks Ln
8665040048 1723 Chimney Oaks Ln
8386015001 175 N Acacia St
8386015001 175 N Acacia St
8665040041 1827 Canyon Oaks Ln
8665040036 2017 Trail Ridge Ln
8390020033 205 W Nubia St
8387001031 213 W Fifth St
ADU
ADU
ADU
ADU
ADU
ADU
ADU
ADU
ADU
ADU
SFD
SFD
SFD
SFD
SFD
SFD
ADU
SFD
SFD
SFD
ADU
ADU
ADU
ADU
ADU
ADU
ADU
ADU
ADU
ADU
ADU
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
ADU
SFD
ADU
ADU
ADU
ADU
ADU
8387008032 216 W Fifth St
8665002096 2234 Terrebonne Ave
8390009056 330 Moore Pl
8386013054 345 W Third St
8392019056 413 Mustang Ct
8387002064 624 N Monte Vista Ave
8390001006 637 Brinwood Dr
8395022026 915 Avenida Ladera
8385012006 939 Cypress St
8665038034 1503 Country Point Ln
8665038032 1511 Country Point Ln
8665038027 1614 Brasada Ln
8665038050 1617 Brasada Ln
8665038028 1618 Brasada Ln
8665038049 1621 Brasada Ln
8665038029 1622 Brasada Ln
8665038048 1625 Brasada Ln
8665038042 1636 Brasada Ln
8665038054 1707 Chimney Oaks Ln
8665038055 1711 Chimney Oaks Ln
8665038056 1715 Chimney Oaks Ln
8665038069 1719 Chimney Oaks Ln
8390021077 217 W Commercial St
8390021078 221 W Commercial St
8390021079 225 W Commercial St
8390021080 229 W Commercial St
8387003035 230 E Gladstone St
8390021081 233 W Commercial St
8390007005 302 E Gladstone St
8386020010 319 S Cataract Ave
8383003001 401 N Rennell Ave
8392015049 422 Cody Ln
8392015052 427 Cody Ln

Page 84 ends

8386015008 428 W Second St
8383001029 521 N Shellman Ave
8396010019 935 Paseo Viento
8392018043 800 Amelia Ave
BD2128223
BD2127827
BD2127737
BD2330134
BD2229600
BD2330895
BD2330055
BD2330054
BD2330049
BD2330051
BD2330052
BD2330053
BD2330048
BD2330050
N/A
ADU
ADU
ADU
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
SFD
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
0 0
0 0
0 1
0 0
0 0
0 0
0 0
1 1
1 1
8392020034 720 Oakway Ave
8661019018 641 E Baseline Rd
8392016048 917 N Cataract Ave
8392016047 929 N Cataract Ave
8392016008 313 W Allen Ave
8392016008 321 W Allen Ave
8392016008 325 W Allen Ave
8392016008 911 N Cataract
1 1/26/2023
8392016008 309 W Allen Ave
8392016008 317 W Allen Ave
8665042022 1708 Canyon Oaks Lane
8385013014 1046 Southcliff Street
8382018083 325 Rebecca Drive
8665042021 1709 Canyon Oaks Lane
1 1
1 1
1/26/2023
2/9/2023
3/9/2023
1/26/2023
N/A
N/A
N/A

Page 85 ends

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Affordability by Household Incomes - Building Permits 7 8 9
Very Low-Income Deed
Restricted
Very Low-Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-Income Deed
Restricted
Moderate-Income Non
Deed Restricted
Above
Moderate-Income
Building Permits
Date Issued
# of Units Issued
Building Permits Current APN Street Address Project Name+ 0 0 0 0 0 0 32 32
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
0 0
0 0
0 0
0 0
0 8385014040 1001 Witherill St
8661015026 110 E Baseline Rd
8661015026 110 E Baseline Rd
8387016032 113 W First St
8661010017 128 Ashvale Dr
8661010017 128 Ashvale Dr
8387015038 130 W Third St
8661004005 1317 Sierra View Dr
8661013058 132 E Penn St
8383002024 1412 W Renwick Rd
8390021036 145 W Commercial St
8665038025 1606 Brasada Ln
8665038047 1633 Brasada Ln
8665038046 1637 Brasada Ln
8665041041 1664 Brasada Ln
8665038053 1703 Chimney Oaks Ln
8665040048 1723 Chimney Oaks Ln
8386015001 175 N Acacia St
8386015001 175 N Acacia St
8665040041 1827 Canyon Oaks Ln
8665040036 2017 Trail Ridge Ln
8390020033 205 W Nubia St
8387001031 213 W Fifth St
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
11/2/2023
6/21/2023
6/21/2023
12/22/2023
8/21/2023
3/23/2023
8/11/2023
1/25/2023
5/30/2023
9/26/2023
4/5/2023
6/21/2023
5/18/2023
5/18/2023
11/16/2023
11/16/2023
11/16/2023
3/30/2023
3/30/2023
9/20/2023
5/18/2023
4/4/2023
9/19/2023
11/13/2023
6/22/2023
2/28/2023
8/24/2023
4/10/2023
6/12/2023
7/27/2023
8/3/2023
8387008032 216 W Fifth St
8665002096 2234 Terrebonne Ave
8390009056 330 Moore Pl
8386013054 345 W Third St
8392019056 413 Mustang Ct
8387002064 624 N Monte Vista Ave
8390001006 637 Brinwood Dr
8395022026 915 Avenida Ladera
8385012006 939 Cypress St
8665038034 1503 Country Point Ln
8665038032 1511 Country Point Ln
8665038027 1614 Brasada Ln
8665038050 1617 Brasada Ln
8665038028 1618 Brasada Ln
8665038049 1621 Brasada Ln
8665038029 1622 Brasada Ln
8665038048 1625 Brasada Ln
8665038042 1636 Brasada Ln
11/29/2023

Page 86 ends

8665038054 1707 Chimney Oaks Ln
8665038055 1711 Chimney Oaks Ln
8665038056 1715 Chimney Oaks Ln
8665038069 1719 Chimney Oaks Ln
8390021077 217 W Commercial St
8390021078 221 W Commercial St
8390021079 225 W Commercial St
8390021080 229 W Commercial St
8387003035 230 E Gladstone St
8390021081 233 W Commercial St
8390007005 302 E Gladstone St
8386020010 319 S Cataract Ave
8383003001 401 N Rennell Ave
8392015049 422 Cody Ln
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 8392015052 427 Cody Ln
8386015008 428 W Second St
8383001029 521 N Shellman Ave
8396010019 935 Paseo Viento
8392018043 800 Amelia Ave
8392020034 720 Oakway Ave
8661019018 641 E Baseline Rd
8392016048 917 N Cataract Ave
8392016047 929 N Cataract Ave
8392016008 313 W Allen Ave
8392016008 321 W Allen Ave
8392016008 325 W Allen Ave
8392016008 911 N Cataract
8392016008 309 W Allen Ave
8392016008 317 W Allen Ave
8665042022 1708 Canyon Oaks Lane
8385013014 1046 Southcliff Street
8382018083 325 Rebecca Drive
8665042021 1709 Canyon Oaks Lane

Page 87 ends

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
11 12
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
Certificates of Very Low-Income Non
Deed
Very Low-Income Deed
Restricted
Low- Income Low- Income Moderate-Income Deed
Restricted Deed Restricted
Moderate-Income NonAbove
Moderate-Income
Occupancy or other
forms of readiness
(see instructions) Date
Issued
Current APN Street Address Project Name+ Deed Non Deed
Restricted Restricted Restricted
0 0 0 0 0 0 27 27
8385014040 1001 Witherill St
8661015026 110 E Baseline Rd
8661015026 110 E Baseline Rd
8387016032 113 W First St
8661010017 128 Ashvale Dr
8661010017 128 Ashvale Dr
8387015038 130 W Third St
8661004005 1317 Sierra View Dr
8661013058 132 E Penn St
8383002024 1412 W Renwick Rd
8390021036 145 W Commercial St
8665038025 1606 Brasada Ln
8665038047 1633 Brasada Ln
8665038046 1637 Brasada Ln
8665041041 1664 Brasada Ln
8665038053 1703 Chimney Oaks Ln
8665040048 1723 Chimney Oaks Ln
8386015001 175 N Acacia St
8386015001 175 N Acacia St
8665040041 1827 Canyon Oaks Ln
8665040036 2017 Trail Ridge Ln
8390020033 205 W Nubia St
8387001031 213 W Fifth St
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
1 1
1 1
1 1
1 1
8387008032 216 W Fifth St
8665002096 2234 Terrebonne Ave
8390009056 330 Moore Pl
8386013054 345 W Third St
8392019056 413 Mustang Ct
8387002064 624 N Monte Vista Ave
8390001006 637 Brinwood Dr
8395022026 915 Avenida Ladera
8385012006 939 Cypress St
8665038034 1503 Country Point Ln
8665038032 1511 Country Point Ln
8665038027 1614 Brasada Ln
8665038050 1617 Brasada Ln
8665038028 1618 Brasada Ln
8665038049 1621 Brasada Ln
8665038029 1622 Brasada Ln
8665038048 1625 Brasada Ln
1 1
1 1
1 1
1 1
2/6/2023
9/1/2023
5/1/2023
8/16/2023
5/1/2023
8/11/2023
4/27/2023
8/21/2023

Page 88 ends

8665038042 1636 Brasada Ln
8665038054 1707 Chimney Oaks Ln
8665038055 1711 Chimney Oaks Ln
8665038056 1715 Chimney Oaks Ln
8665038069 1719 Chimney Oaks Ln
8390021077 217 W Commercial St
8390021078 221 W Commercial St
8390021079 225 W Commercial St
8390021080 229 W Commercial St
8387003035 230 E Gladstone St
8390021081 233 W Commercial St
8390007005 302 E Gladstone St
8386020010 319 S Cataract Ave
8383003001 401 N Rennell Ave
8392015049 422 Cody Ln
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 5/31/2023
2/6/2023
2/22/2023
2/6/2023
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
10/27/2023
10/23/2023
10/25/2023
10/25/2023
10/25/2023
3/30/2023
10/25/2023
6/29/2023
12/12/2023
6/26/2023
9/21/2023
7/28/2023
11/1/2023
5/8/2023
8392015052 427 Cody Ln
8386015008 428 W Second St
8383001029 521 N Shellman Ave
8396010019 935 Paseo Viento
8392018043 800 Amelia Ave
3/27/2023
8392020034 720 Oakway Ave
8661019018 641 E Baseline Rd
8392016048 917 N Cataract Ave
8392016047 929 N Cataract Ave
8392016008 313 W Allen Ave
8392016008 321 W Allen Ave
8392016008 325 W Allen Ave
8392016008 911 N Cataract
8392016008 309 W Allen Ave
8392016008 317 W Allen Ave
8665042022 1708 Canyon Oaks Lane
8385013014 1046 Southcliff Street
8382018083 325 Rebecca Drive
8665042021 1709 Canyon Oaks Lane

Page 89 ends

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Housing without Financial
Assistance or Deed
Restrictions
Housing with Financial Assistance
and/or Deed Restrictions
Term of Affordability
or Deed Restriction
Project Identifier Streamlining
14 Infill
15 Demolished/Destroyed Units
20 Density Bonus
13 16 17 18 19 21 22 23 24
Number of Other
Incentives, For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking parking standards? (Y/N)
Waivers or Parking
Please select the
streamlining
provision the project
was APPROVED
pursuant to. (may
select multiple)
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
How many of the
units were
Extremely Low
Income?
Assistance Programs
for Each Development
(may select multiple - (may select multiple -
see instructions) see instructions)
Deed Restriction
Type
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
Demolished/Des Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
Number of
Demolished/Destroyed
Units
Did the project receive a
reduction or waiver of
Infill Units?
Y/N+
Demolished or
Destroyed Units
troyed Units
Owner or
Renter
Current APN Street Address Project Name+
enter 1000)+
(see instructions)
Modifications)
0 11
8385014040 1001 Witherill St
8661015026 110 E Baseline Rd
8661015026 110 E Baseline Rd
8387016032 113 W First St
8661010017 128 Ashvale Dr
8661010017 128 Ashvale Dr
8387015038 130 W Third St
8661004005 1317 Sierra View Dr
8661013058 132 E Penn St
8383002024 1412 W Renwick Rd
8390021036 145 W Commercial St
8665038025 1606 Brasada Ln
8665038047 1633 Brasada Ln
8665038046 1637 Brasada Ln
8665041041 1664 Brasada Ln
8665038053 1703 Chimney Oaks Ln
8665040048 1723 Chimney Oaks Ln
8386015001 175 N Acacia St
8386015001 175 N Acacia St
8665040041 1827 Canyon Oaks Ln
8665040036 2017 Trail Ridge Ln
8390020033 205 W Nubia St
8387001031 213 W Fifth St
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
N
N
N
N
N
N
Y
Y
N
N
Y
Y
Y
Y
8387008032 216 W Fifth St
8665002096 2234 Terrebonne Ave
SB 9 (2021) -
Duplex in SF Zone 8390009056 Y
330 Moore Pl
8386013054 345 W Third St NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
Y
Y
Y
Y
Y
Y
N
N
N
N
N
N
N
N
N
N
N
N
N
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
N
N
Y
N
N
N
N
N
N
N
N
N
Y
Y
N
8392019056 413 Mustang Ct
8387002064 624 N Monte Vista Ave
8390001006 637 Brinwood Dr
8395022026 915 Avenida Ladera
8385012006 939 Cypress St
8665038034 1503 Country Point Ln
8665038032 1511 Country Point Ln
8665038027 1614 Brasada Ln
8665038050 1617 Brasada Ln
8665038028 1618 Brasada Ln
8665038049 1621 Brasada Ln
8665038029 1622 Brasada Ln
8665038048 1625 Brasada Ln
8665038042 1636 Brasada Ln
8665038054 1707 Chimney Oaks Ln
8665038055 1711 Chimney Oaks Ln
8665038056 1715 Chimney Oaks Ln
8665038069 1719 Chimney Oaks Ln
8390021077 217 W Commercial St
8390021078 221 W Commercial St
8390021079 225 W Commercial St
8390021080 229 W Commercial St
8387003035 230 E Gladstone St
8390021081 233 W Commercial St
8390007005 302 E Gladstone St
8386020010 319 S Cataract Ave
8383003001 401 N Rennell Ave
8392015049 422 Cody Ln
8392015052 427 Cody Ln
8386015008 428 W Second St
8383001029 521 N Shellman Ave
8396010019 935 Paseo Viento
8392018043 800 Amelia Ave
8392020034 720 Oakway Ave
8661019018 641 E Baseline Rd
8392016048 917 N Cataract Ave
8392016047 929 N Cataract Ave
8392016008 313 W Allen Ave
8392016008 321 W Allen Ave
8392016008 325 W Allen Ave
8392016008 911 N Cataract
8392016008 309 W Allen Ave
8392016008 317 W Allen Ave
8665042022 1708 Canyon Oaks Lane
8385013014 1046 Southcliff Street
8382018083 325 Rebecca Drive
8665042021 1709 Canyon Oaks Lane
1 1
1 1
1 1
1 1
1 1
1 Demolished
Demolished
Demolished
Demolished
Demolished
Demolished
Demolished
Demolished
Demolished
Demolished
Demolished
O
O
O
O
O
O
O
O
O
O
O

Page 90 ends

This table is auto-populated once you enter your jurisdiction name and current year data. Past Jurisdiction San Dimas year information comes from previous APRs. 2023

ANNUAL ELEMENT PROGRESS REPORT
Reporting Year Housing Element Implementation
Planning Period
(Jan. 1 - Dec. 31) Please contact HCD if your data is different than the material supplied here 6th Cycle 10/15/2021 - 10/15/2029
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1 2 3 4
Projection Period -
06/30/2021-
10/14/2021
Total Remaining
RHNA by Income
Level
RHNA Allocation by
Income Level
Total Units to
Date (all years) Income Level 2021 2022 2023 2024 2025 2026 2027 2028 2029 Deed Restricted - -
-
-
-
-
-
4 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
384
220
206
- 384
Very Low
Low
Non-Deed Restricted
Deed Restricted
-
- - -
1 219
Non-Deed Restricted
Deed Restricted
1 -
- -
- -
- 206
358
Moderate
Above Moderate
Non-Deed Restricted - - -
438 5 39 32 80
Total RHNA
Total Units
1,248
6 4 39 32 - - - - - - 81 1,167
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 5 6 7
Extremely low-Income
Need
Total Units to
Date
Total Units
Remaining 2021 2022 2023 2024 2025 2026 2027 2028 2029
Extremely Low-Income Units* 192 - - - - - - - - - - 192 *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.

Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1).

Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].

Page 91 ends

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Jurisdiction
Reporting Year
San Dimas
2023 (Jan. 1 - Dec. 31)
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Through its code enforcement program the city identifies substandard housing conditions and works with property owners to identify deficiencies and provide information on possible assistance for eligible homeowners.

Conduct property inspections and
resolve up to 200 cases annually Housing Code Compliance Annual Require adherence to local property
regulations and requirements
Inform residents of available resources
Housing Code Compliance
Housing Code Compliance
As sites inspected
As sites inspected
Ongoing
Ongoing to address code violations
Provide financial assistance for 10 home
rehabilitation projects annually.

Provide financial assistance for 15
mobile home rehabilitation annually.

Provide financial assistance for 10
mobile home chair lifts annually
As applications are
submitted
2 SFR rehabs completed, 1 SFR under construction. 17 Mobile Home rehabs completed, 1 MH under construction. 6 Mobile Home Lift Chairs completed. Housing Rehabilitation Historic Preservation
Implement Town Core Design
Guidelines; make available on the
website and with brochures at the
planning counter.

Encourage preservation of historic
homes by marketing Mills Act and
providing brochure on the City's website
and planning counter
The Planning Division implements the Town Core Design Guidelines when applicable. Information on the guideliens is provided on the City's website and also provided to the public thorugh informational brochures avaialble at the planning counter.

Annual

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Consider codifying the Mills Act to
assist in the implementation of historic 2025
preservation
The City is exploring drafting an ordinace to allow and implement Mills Act Contracts. Historic Preservation
Consider reestablishment of the
Neighborhood
Beautification
Neighborhood Beautification program.

Identify areas in the downtown needing
improvement through a survey
FY 23/24 No action taken. No update to report.

Seek funding and grants to reestablish
the neighborhood beautification
program.

Neighborhood
Beautification
propose FY 24/25 CDBG allocation for a business attraction and assitance progrm in downtown Annual
Maintain an inventory and map of sites
available for residential development
and provide at the front counter upon
request.

Completed. Map and information on each of the sites has been made available at the planning counter upon request. Housing Sites Inventory Housing Sites Inventory
Housing Sites Inventory
Annual
Rezone sites (Program #7) after Within 2 years of adopting adoption of the housing element or the Downtown Specific Plan or DTSP in progress. Adoption of DTSP is expected in 2024.

DTSP, whichever is earlier. Housing Element
Monitor sites to accommodate unmet
RHNA. If there are insufficient sites,
rezone sites within 180 days of findings
Ongoing. Planning Staff will continue to monitor the housing sites and rezone additional sites if and when required. Annual
to ensure needed capacity.

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
Annual; for Housing
Accessory Dwelling Units Element Annual Progress Ongoing. Report to be filed with the State on annual basis Report
Adopt ADU incentives (e.g., expedited
review and processing, increased
marketing, development standard
Accessory Dwelling Units modification, waiver of permit issuance 2023 fee, expanded technical assistance, and
expanded brochure to encourage ADU
Completed in 2023
production per AB671

Page 93 ends

Distribute a flier educating HOAs in
north and southern San Dimas about
Accessory Dwelling Units benefits of ADUs, process for securing 2023 ADUs + incentives available. Seek to see
Completed in 2023
66% of new ADUs in those areas.

If, after 1 year ADU production and
affordability is below the annual goal,
market ADU program in City newsletter Annual, after APR Staff to keep monitor ADU prodcutions as 9 ADU's were finaled in 2023, however 23 ADU building permits were issued in 2023. Accessory Dwelling Units Downtown Specific Plan
Downtown Specific Plan
Downtown Specific Plan
Downtown Specific Plan
for one year, If the deficit persists after 2 complete
years, the City will rezone sites if
needed.

A draft of the DTSP has been completed. The Planning Commission and the City Council have provided their input through the process of three study sessions.

The next step is to circulate the Environmental Impact Report for public review and then go before the Planning Commission for recommendation to the City Council in June 2024, and subsequently to the City Council in July for final Create general plan residential and
mixed use land use/zoning designations
for the DTSP and rezone 94 acres as
follows:
2023
2023
2023
2023
· 12-16 du/ac: 5.5 ac MFR;
·
·
16-25 du/ac: 2.5 ac MFR
review and approval.

A draft of the DTSP has been completed. The Planning Commission and the City Council have provided their input through the process of three study sessions.

Page 94 ends

A draft of the DTSP has been completed. The Planning Commission and the City Council have provided their input through the process of three study sessions.

The next step is to circulate the Environmental Impact Report for public review and then go before the Planning Commission for recommendation to the City Council in June 2024, and subsequently to the City Council in July for final · 35-45 du/ac: 5.9 ac MFR; 34.6 ac Downtown Specific Plan Downtown Specific Plan
Downtown Specific Plan
Downtown Specific Plan
2023
2023
2023
2023
mixed use
· 45-55 du/ac; 21.5 ac MFR; 11.2 ac
mixed use
Assign performance standards of 50 to
75% residential uses as specified on
sites shown in Appendix B to
accommodate the RHNA
review and approval.

A draft of the DTSP has been completed. The Planning Commission and the City Council have provided their input through the process of three study sessions.

As part of zoning designations,
establish development standards that
encourage and facilitate achieving
maximum densities
The proposed DTSP will include objective development and design standards for the properties within the DTSP boundary. Adoption of the DTSP is expected in 2024. A draft of the City-wide objective development and design standards applicable to multi-family and mixed-use developments, and that qualify under SB 35 / SB 330 has been completed and expected to go before the Planning Commission for recommendation to the City Council, and subsequently to the City Council for final review and approval in 2024.

DTSP in progress. Adoption of DTSP is expected in 2024 whcih will inlcude design guidelines for properties within the DTSP boundaries.

Creation of City-wide objective developments, applicable to mulit-family and mixed-use developments, and that qualify under SB 35 / SB 330 are underway and expected to be completed by 2024
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
Design Guidelines
Design Guidelines
2023
2023
Modify approval findings, administrative
procedures or other rules to ensure that
meeting objective standards satisfies
approval findings.

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Staff has completed draft revisions to the density bonus ordinance and are currently being reviewed by the City Attorney. The revisions will be taken to the Planning Commission for recommendation to the City Council in June 2024, and then to the City Council for final review and approval in July/August 2024. In addition, the DTSP, which is expected to be adopted in 2024, will include a modification process for properties within the DTSP boundary.

Review and revise the City’s density
bonus regulations to ensure
consistency with changes in state law
(e.g., AB 2345).

Density Bonus 2023
Revise MF-30 parking standards (e.g.,
studio and 1-bdm units) and other lot
standards that constrain achievement of
maximum density.

Review and revise open space and
setback standards in the MF Zone that
constrain the development of small
multiple-family housing.

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.

MF-30 Zone Standards
MF-30 Zone Standards
Lot Consolidation
2023
2023
2023
2023
2025
Completed November 2023, approved by City Council Per Ordiance 1301 Completed November 2023, approved by City Council Per Ordiance 1301 Staff has prepared new code language that is currently being reviewed by the City Attorney, will be taking to Planning Commission for recommendations in June 2024 and then to the City Council for review and approval in July/August 2024.

Staff has prepared new code language that is currently being reviewed by the City Attorney, will be taking to Planning Commission for recommendations in June 2024 and then to the City Council for review and approval in July/August 2024.

Lot Consolidation
Staff to review the lot consolidation ordinance in 2025 and make amendments as required. Lot Consolidation
Staff has prepared new code language, which will be applicable City wide, and is currently being reviewed by the City Attorney. The new language will be taken to Planning Commission for recommendation to the City Council in June 2024 and then to the City Council for final review and approval in July/August 2024. In addition, the DTSP, which is expected to be adopted in 2024, will include a modification process for properties within the DTSP boundary.

Extend SDMC Chapter 18.24 to include a
similar process for granting minor
modifications in residential or mixed use 2024
zones with a MF-30 zone designation or
for sites in the DTSP.

Minor Modification
Process
Establish a written policy or procedure
to allow a streamlined approval process
and standards for eligible projects, as
set forth under GC 65913.4 (SB 35)
Under development, eligible projects would be processed in compliance with State Law Streamlined Permitting 2023

Page 96 ends

Periodically review the process and, if
needed, revise features of the process
to ensure that statutory timelines are
met.

Under development, eligible projects would be processed in compliance with State Streamlined Permitting 2023 Law
A draft of the DTSP has been completed. The Planning Commission and the City Council have provided their input through the process of three study sessions.

Amend the general plan, create an
overlay, or suitable tool to allow land
uses envisioned for the Downtown
General Plan Updates
General Plan Updates
2024
2024
Update safety element to address
climate change, resiliency, and
environmental justice. Pending completion by 2024
Participate in federal HCV program,
maintain up to 150 vouchers contingent
Housing Choice Vouchers on continued levels of HUD funding, and Annual City offers referrals to the County Section 8 Program but does not track referrals.

Currenlty the LACDA administers housing assistance vouchers to 106 residents take actions to obtain 25% increase in in San Dimas.

HCVs
Augment advertising by posting a web
link to the LA County portal of affordable
Housing Choice Vouchers housing, preparing a housing resource Annual brochure advertising the program, and
Information and link posted on our City Website under Housing Resources received educatonal flyer from LACDA for distsribution to landlords, HOA's. publicizing at City Hall and City website
Distribute a flier educating apartment
properties, landlords, HOAs, and condo
associations about source of income
protection in north and south San Dimas
Housing Choice Vouchers Annual
Continue to retain affordability of the
Mobile Home Preservation Charter Oaks Mobile Home Park and regulate space rental credits.

Space rent assistance participants is 41 (22.2% of total occupancy). 31 residents are 30% or below AMI, 9 residents are at 31-50% AMIl and 1 resident at 51-80% AMI. The Housing Division continues to promote this program Ongoing
Renew the Mobile Home Accord to
Mobile Home Preservation provide stability in space rents for the Renew Every Five Years Next renewal date July 1, 2026 Continuous
five mobile home parks.

Continue to make periodic capital
Mobile Home Preservation improvements to the Charter Oaks MHP Annual as needed with housing authority funds

Page 97 ends

Villa San Dimas Apartments is a HUD family complex of 50 units that was expiring at the end of 2019 and was renewed for another five years.

Avalon Bay Apartments has 26 units with affordable covenants in place until 2045.

Initiate discussions with property
owners of at-risk properties. If the
property remains at risk, the City will:

Preservation of Assisted
Housing
As projects become or
approach at-risk status
Preservation of Assisted
Housing
1) Coordinate with property owners to
ensure proper noticing per state law;
As projects become or
approach at-risk status Ongoing
Preservation of Assisted
Housing
Preservation of Assisted
2) Reach out to qualified entities for
preservation options;
3) Coordinate technical assistance with As projects become or As projects become or
approach at-risk status Ongoing
Ongoing Housing property owners; and approach at-risk status Preservation of Assisted
Housing
4) Work with tenants or contract
specialists to provide tenant education approach at-risk status As projects become or Ongoing
Evaluate feasibility of a 15 to 20%
inclusionary requirement (incl. ELI and 2024
VLI units, for rental and ownership units.

Underway. City Staff is working with the San Gabriel Valley COG to explore the creation of an Inclusionary Ordinance. Staff expects to complete this by Septebmer 2024
Inclusionary Housing
Inclusionary Housing
Inclusionary Housing
Develop options for an in-lieu fee and
expenditure policy that includes
extremely low and very low income
units.

Underway. City Staff is working with the San Gabriel Valley COG to explore the creation of an Inclusionary Ordinance. Staff expects to complete this by Septebmer 2024
2024
If inclusionary requirements are feasible,
draft an ordinance for consideration and 2024
adoption by City Council
Underway. City Staff is working with the San Gabriel Valley COG to explore the creation of an Inclusionary Ordinance. Staff expects to complete this by Septebmer 2024
Work with housing partners and, as
needed, expand partners to augment
administrative + financial resources.

Continue working with LAHSA. Building relationship with non profits like Tzu Chi and St. Vincent DePaul. The City entred into a Transfer Agreement with Pomona Valley Habitat for Humanity for the construction and sale of a Single Family Affordable Home to a low inome household.

Collaborative Partnerships Annual
Evaluate feasibility of joining the San
Collaborative Partnerships Gabriel Valley Regional Housing Trust and, if beneficial, pursue membership.

Completed - Initial discussions with the SGV Regional Housing Trust determined that becoming a member would not be financially practical for the City of San Dimas at this time.
2023
Implement the County of Los Angeles
Extremely Low Income
Housing
rental voucher program to improve
housing security for extremely low
income households
Annual Continue to refer residents to the County Section 8 Program

Page 98 ends

Implement housing preservation (MHP
Accord and rehabilitation assistance)
programs to improve housing security
Extremely Low Income
Housing
Annual; and every five
years
No new programs implemented. No update
Evaluate and draft inclusionary program
to encourage affordable housing;
prioritize program and in-lieu fees to
encourage development of ELI and VLI 2024
units; offer regulatory concessions to
affordable projects that provide ELI and
Underway. City Staff is working with the San Gabriel Valley COG to explore the creation of an Inclusionary Ordinance. Staff expects to complete this by Septebmer 2024
Extremely Low Income
Housing
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).

Extremely Low Income
Housing As project proposed Ongoing.

Continue to actively pursue a range of
housing options to address the diverse
needs of senior citizens. Continue to
offer housing security programs (rehab
grants, MHP preservation, etc.)
Continue to provide senior center and
associated health, education, transit,
and other support services.

In December 2023, the City approved a rental assitance program for seniors 62+ who are at risk of homelessness. At risk of homelessness is measured by being 30% or below AMI and paying more than 50% of income towards housing and having no other resources. Program will begin in 2024
Senior Housing Annual
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.

Homless Plan 2023

Page 99 ends

The City, in partnership with LACOG implemented a homeless outreach program administered by the Los Angeles Center for Drug and Alcohol (LACADA). The City of San Dimas is being serviced once a week on Tuesday by the LACADA team. In addition to the COG outreach program, on February 28, 2023 the City Ongoing weekly outreach approved a five-year contract with L.A. CADA to provide homeless service to the community on Mondays, Wednesday, and Fridays. In October 2023 the City hired a Housing Services Coordinator. She is working with the LA CADA team, code enforcement, the CAT team, and outside agencies to provide housing solutions to the unhoused and senior population
Retain LACDA for street outreach,
housing navigation, mental health
support, case manage-ment,
homelessness prevention, and support
to connect clients to health services and
housing.

Homless Plan
Support a variety of housing types to
help address the diverse needs of
persons living with disabilities,
Work with regional service providers to
publicize information on available
resources for housing and services
Housing for Disabled
People Ongoing no updates to report
Amend zoning and permit procedures to
allow group homes for 7 or more
persons in all residential zones with
objectivity to promote approval
certainty.

Define + allow employee housing
serving six or fewer residents in all
zones allowing single-family homes
(HSC 17021.5)
Staff has prepared new code language that is currently being reviewed by the City Attorney, will be taking to Planning Commission for recommendations in June 2024 and then to the City Council for review and approval in July/August 2024.

Housing for Disabled
People 2023
2023
Staff has prepared new code language that is currently being reviewed by the City Attorney, will be taking to Planning Commission for recommendations in June 2024 and then to the City Council for review and approval in July/August Housing for a Varirty of
Types
2024.

Staff has prepared new code language that is currently being reviewed by the Define and allow low-barrier navigation centers and supportive housing as a by 2023
right use (GC §65662 and §65650
Housing for a Varirty of
Types
City Attorney, will be taking to Planning Commission for recommendations in June 2024 and then to the City Council for review and approval in July/August 2024.

Amend zoning and permit procedures to
allow group homes for 7 or more
persons in all residential zones with
objectivity to promote approval
certainty.

Housing for a Varirty of
Types 2023
2023
Staff has prepared new code language that is currently being reviewed by the City Attorney, will be taking to Planning Commission for recommendations in June 2024 and then to the City Council for review and approval in July/August 2024.

Housing for a Varirty of
Types
Define and allow SRO units with a
conditional use permit in the MF zones

Page 100 ends

Housing for a Varirty of
Types
Amend emergency shelter parking
standards in accordance with AB 139 2023
Implement actions in Table HE-3.10 that
address the following contributing
factors to fair housing. Issues include:

Fair Housing
Fair Housing
See applicable program status
See applicable program status Displacement due to housing insecurity See time-frames for each (Programs #2, #15, #16, #17) program
Barriers to multiple-family housing
(Programs #6–#12)
Barriers to special needs housing
See time-frames for each
program
See time-frames for each
Fair Housing
Fair Housing
See applicable program status
See applicable program status (Programs #22 and #24) program Work with HRC agency to provide
workshops and trainings on fair housing
laws, tenants’ rights, and
responsibilities
Develop educational materials
(webpage) on who affordable housing
serves and survey residents on
preferred outreach
Fair Housing
Fair Housing
Publicize annually
2023
Ongoing
Completed - Educational materials were added to the City website, and a survey was posted on the City website asking for the resident's preferred outreach.

Refer discrimination complaints and
landlord tenant issues to the local fair
housing provider and publish materials
on the website regarding fair housing
Fair Housing When complaints received Materials published on City website Identify areas needing assistance in the
downtown via windshield and mail
survey.

Greater Downtown Place-based Program 2023 Completed in 2023 and is ongoing To the extent allowed, prioritize rehab
Greater Downtown Place- grants and loans to the greater Ongoing As required, and if applications are received. based Program downtown and areas of need identified by the survey
Life Pacific University continues to assist the City’s senior population on LPU Community Day with site improvements.

Continue to provide residents with information on H4H A Brush With Kindness Program for minor home repairs
Coordinate with Habitat for Humanity,
Life Pacific, and other to address minor Ongoing
housing repairs and site improvements
Greater Downtown Place-based Program

Page 101 ends

Complete improvements to the
Greater Downtown Place- downtown including Gold Line station, 2025 Pending completion by 2025 based Program parking, and roads (Gladstone, Bonita, and Arrow).

Update Bike Master Plan to complement
the DTSP and Gold Line transit; and the 2023
ESGV Sustainable Multimodal Project
Greater Downtown Place-based ProgramRequest for proposal will be posted in April 2024, Project awarded May and plan completed and approved by City Coucnil in Dec 2024
Greater Downtown Place- Improve local parks (Pioneer and 2028 Pending completion by 2025 See applicable program status
based Program Marchant) and the Senior Center
Aggressively market ADUs to HOA and
apartments in north/south San Dimas,
offer financial and regulatory incentives, 2024; monitor annually and achieve 66% distribution of ADUs in
Affordable Housing in
High Opportunity Areas
both planning areas (see Program #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%.

Affordable Housing in
High Opportunity Areas 2024
2024
See applicable program status
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
Underway. Multiple hearings have been held with the Planning Commission and City Council. As a result, two ordinances have been drafted (Urban Lot Splits & Two-Unit Projects) and are currently being reviewed by the City Attorney to ensure compliance with State Law. The ordinances are expected to be adopted by 2024.

Affordable Housing in
High Opportunity Areas

Page 102 ends

General Comments

Page 103 ends

NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of Jurisdiction San Dimas Note: "+" indicates an optional field Cells in grey contain auto-calculation
Reporting Period formulas
Planning Period
2023 (Jan. 1 - Dec. 31) during the reporting year.
6th Cycle ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
10/15/2021 - 10/15/2029
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
1 2 3 4
Realistic Capacity
Identified in the
Housing Element
Local Jurisdiction Entity to whom the site
transferred APN Street Address Project Name+ Intended Use for Site Tracking ID+
Summary Row: Start Data Entry Below
8387014061 123 N Monte Vista Habitat for Humanity Single Family Home

Page 104 ends

Jurisdiction San Dimas
2022
NOTE: This table is meant to contain an invenory of Note: "+" indicates an optional field ALL surplus/excess lands the reporting jurisdiction Cells in grey contain auto-calculation owns
formulas
(Jan. 1 - Dec.

Reporting Period 31)

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
For Los Angeles County jurisdictions, please format the APN's as follows:9999-999-999 Table H
Locally Owned Surplus Sites
Parcel Identifier Designation
5 Size Notes
1 2 3 4 6 7
Number of
Units
Surplus
Designation
Parcel Size (in
acres) APN Street Address/Intersection Existing Use Notes Summary Row: Start Data Entry Below

Page 105 ends

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of March 12, 2024
From: Chris Constantin, City Manager
Prepared by: Brandon Slater, Associate Engineer
Subject: Award of Construction Contact 2024-02 Lone Hill Avenue Street Improvement Project to Vance Corporation in the Amount of $942,207.95, and Approve overall Project Budget of $1,188,208.00 including Construction, Engineering, Inspection, Permits and Contingency and Authorize the City Manager to execute the Construction Contract with Vance Corporation in a form approved by the City Attorney.
____________________________________________________________________________

SUMMARY
Construction Contract 2024-02, Lone Hill Avenue Street Improvement Project combines removal and replacement of existing asphalt concrete and minor Portland cement concrete on Lone Hill Avenue between W. Cienega Avenue and W. Covina Boulevard. This roadway shows excessive wear, degradation and without rehabilitation will continue to require major maintenance repairs. Repairing this street section will reduce the future maintenance cost, increase safety and will provide an aesthetically pleasing smooth street surface to our residents. In total the project consists of approximately 97,000 square feet of pavement reconstruction using approximately 4700 tons of asphalt, including re-striping traffic legends and replacement of minor concrete.

RECOMMENDATION
Staff recommends that the City Council approve the following:

1. Award Construction Contract 2024-02 Lone Hill Avenue Street Improvement Project to Vance Corporation as the lowest responsible bidder for the bid amount of $942,207.95.

2. Authorize a total project budget of $1,188,208.00 ($942,207.95 for the construction contract, $150,000.05 for contingency, $20,000.00 for SCRRA permit fee’s $76,000.00 for geotechnical testing, inspection, survey and engineering services).

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Lone Hill Avenue Street Improvement Project Page 2
For the Meeting of March 12, 2024

3. Authorize City Manager to execute the Construction Contract with Vance Corporation in a form approved by the City Attorney.

FISCAL IMPACT
Construction Contract 2024-02 Lone Hill Avenue Street Improvement Project budget of $1,188,208.00 was allocated in FY 2023-24 from Funds restricted for pavement repairs from Road Maintenance and Rehabilitation Act “SB1” (Fund 77), Measure M (Fund 76) and Proposition C (Fund 73).

Should Council move forward with Construction Contract 2024-02 Lone Hill Avenue Street Improvement Project, the total project budget will include the contract construction costs, as well as 15% Contingency, and $76,000.00 for geotechnical testing, inspection services, survey and engineering service. Incorporating the lowest bid, the project budget is as follow:

Construction Bid $942,207.95
Engineering Services & Inspection $76,000.00
SCRRA Permit Fees $20,000.00
Project Contingency, (15%) $150,000.05
$1,188,208.00
The anticipated total construction project budget expenditure for Construction Contract 2024-02 Lone Hill Avenue Street Improvement Project is $1,188,208.00.

BACKGROUND
Construction Contract 2024-02, Lone Hill Avenue Street Improvement Project includes removal and replacement of asphalt concrete and Portland cement concrete as shown in the project location map in attachment 1. These roadways show excessive wear, degradation and without reconstruction will continue to require major maintenance. Repairing these streets will reduce future maintenance cost, increase safety and will provide aesthetically pleasing smooth street surface to our residents.

In total the project consists of approximately 97,000 square feet of pavement reconstruction and rehabilitation using a total of 4,700 Tons of asphalt concrete pavement.

DISCUSSION/ANALYSIS
On February 27, 2024, the City Clerk publicly opened nine (9) formal bids for Construction Contract 2024-02, Lone Hill Avenue Street Improvement Project. The preliminary bid results are as follows:

Contractor Base Bid
1 Vance Corporation $942,207.95
2 Hardy & Harper $1,001,000.00
3 Dash Construction $1,012,227.00
4 All American Asphalt $1,014,222.00
5 R.J. Noble Company $1,069,598.00

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For the Meeting of March 12, 2024
6 LCR Earthwork & Engineering $1,070,100.00
7 Onyx Paving Company, Inc. $1,111,000.00
8 Sequel Contractor Inc. $1,145,100.00
9 Leonida Builders $1,278,700.00
Following the bid results, Staff reviewed the bid proposal provided by the lowest responsible bidder, Vance Construction and verified that the contractor's bid bond is issued by an admitted surety, as required by Public Contract Code 20170. It was confirmed through the State Contractor's License Board that the contractor's license #414567, Class A, C31 is current and active with an expiration date of November 30, 2025. The contractor is registered through the Department of Industrial Relations as required by law (Registration No. 1000008103). Staff checked references provided, and Vance Corporation has successfully completed several projects for other agencies.

ALTERNATIVES
The City Council may choose to not award or authorize the construction budget for Construction Contract 2024-02, Lone Hill Avenue Street Improvement Project. The funding allocated for the construction could be used to complete other future road repairs or pavement preservation projects. Delaying the 2024-02, Lone Hill Avenue Street Improvement Project would result in increased maintenance costs and may require more extensive and costly treatments to complete the future pavement repairs at this location.

ENVIRONMENTAL REVIEW
Staff evaluated and determined that CC2023-02 Lone Hill Avenue Street Improvement Project is categorically exempt per CEQA under the “Class 1” (14 CCR §15301) exemption. This is considered maintenance of an existing infrastructure; no modifications to traffic flow and no additional vehicle travel lanes will be created.

Respectfully submitted,
Brandon Slater
Associate Engineer
Attachments:

1. CC2024-02 Lone Hill Avenue Street Improvement Project - Location Map and Image

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Construction Contact 2024-02
Lone Hill Avenue Street Improvement Project
Project Location Map
Project Area
San Dimas
High School
ATTACHMENT 1

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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of March 12, 2024
From: Chris Constantin, City Manager
Prepared by: Peter Jacoy, Assistant Engineer
Subject: Award of Construction Contact 2024-01 East Via Vaquero - Street Improvement Project to Sequel Contractor Inc and Appropriate $50,000 from Fund 74 Measure R Funds and Approve Overall Project Budget of $442,300 Including Construction, Engineering and Contingency.
____________________________________________________________________________

SUMMARY
Construction Contract 2024-01, East Via Vaquero - Street Improvement Project combines removal and replacement of asphalt concrete and Portland cement concrete on East Via Vaquero, Pistol Creek and Cedar Creek within Cedar Creek Village HOA. These roadways show excessive wear, degradation and without rehabilitation will continue to require major maintenance repairs. Repairing this street section will reduce the future maintenance cost, increase safety and will provide an aesthetically pleasing smooth street surface to our residents. In total the project consists of approximately 45,000 square feet of pavement reconstruction and rehabilitation, and re-striping traffic legends.

RECOMMENDATION
Staff recommends that City Council approve the following:

1. Appropriate $50,000.00 from Fund 74 Measure R funds for the East Via Vaquero – Street Improvement Project.

2. Award Construction 2024-01 East Via Vaquero - Street Improvement Project to Sequel Contractor Inc. as the lowest responsible bidder for the bid amount of $335,250.00.

3. Authorize and appropriate total project budget of $442,300.00 ($335,250.00 for the construction contract, 20% for contingency and $40,000.00 for geotechnical testing, survey and engineering services).

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Consideration of Award of Construction Contact 2024-01 East Via Vaquero - SIP Page 2 For the Meeting of March 12, 2024

4. Authorize City Manager, or designee, to execute the Construction Contract with Sequel Contractor Inc. in a form authorized by the City Attorney.

FISCAL IMPACT
Construction Contract 2024-01 East Via Vaquero – Street Improvement Project budget of $400,000 was allocated in FY 2023-24 from Rehabilitation Act “SB1” (Fund 77). With the poor condition of the roadway on East Via Vaquero, Pistol Creek and Cedar Creek and the need of immediate repairs, Staff recommends that Council consider appropriating available pavement repair funds to move forward with the project. Staff Recommends appropriation of $50,000.00 from Measure R (Fund 74).

Should Council move forward with Construction Contract 2024-01 East Via Vaquero – Street Improvement Project, the total project budget will include the contract construction costs, as well as 20% Contingency, and $40,000.00 for geotechnical testing, survey and engineering service.

Incorporating the lowest bid, the project budget is as follows:

Construction Bid $335,250.00
Engineering Services & Inspection $40,000.00
Project Contingency, (20%) $67,050.00
Total Project Budget: $442,300.00
The anticipated total construction project budget expenditure for CC2024-01 East Via Vaquero - Street Improvement Project is $442,300.00.

BACKGROUND
Construction Contract 2024-01, East Via Vaquero - Street Improvement Project includes removal and replacement of asphalt concrete and Portland cement concrete as shown in the project location map in Attachment 1. These roadways show excessive wear, degradation and without reconstruction will continue to require major maintenance. Repairing these streets will reduce future maintenance cost, increase safety and will provide an aesthetically pleasing smooth street surface to our residents.

In total the project consists of approximately 45,000 square feet of pavement reconstruction, rehabilitation using a total of 1,200 tons of asphalt concrete pavement, and Portland Cement Concrete (PCC) improvements.

DISCUSSION/ANALYSIS
On February 22, 2024, the City Clerk publicly opened four (4) formal bids for Construction Contract 2024-01, East Via Vaquero - Street Improvement Project. The preliminary bid results are as follows:

Contractor Base Bid
1 Sequel Contractor Inc. $335,250.00
2 Hardy & Harper $336,000.00
3 All American Asphalt $398,625.00
4 Onyx Paving Co. $555,000.00

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Consideration of Award of Construction Contact 2024-01 East Via Vaquero - SIP Page 3 For the Meeting of March 12, 2024
Following the bid results, Staff reviewed the bid proposal provided by the lowest responsible bidder, Sequel Contractor Inc. and verified that the contractor's bid bond is issued by an admitted surety, as required by Public Contract Code 20170. It was confirmed through the State Contractor's License Board that the contractor's license #610600, Class A, is current and active with an expiration date of January 31, 2025. The Contractor, along with its Subcontractors, are registered through the Department of Industrial Relations as required by law (Contractor’s Registration No. 1000003521). Staff checked references provided, and Sequel Contractors, Inc. has successfully completed several projects for other agencies.

Furthermore, Sequel Contractor Inc. has completed several street improvement projects within the City.

ALTERNATIVES
The City Council may choose to not award or authorize the construction budget for Construction Contract 2024-01 East Via Vaquero - Street Improvement Project. The funding allocated for construction could be used to complete other future road repairs or pavement preservation projects. Delaying the East Via Vaquero - Street Improvement Project would result in increased maintenance costs and may require more extensive and costly treatments to complete the future pavement repairs at this location.

ENVIRONMENTAL REVIEW
This item is Categorically Exempt under the California Code of Regulations, Title 14, Section 6, Chapter 3, Article 19, Section 15301 Existing Facilities Class 1 operations which consists of the operation, repair, maintenance or minor alteration of existing public or private facilities involving negligible or no expansion of existing or former use.

Respectfully submitted,
Peter Jacoy
Assistant Engineer
Attachments:

1. CC2024-01 East Via Vaquero - Street Improvement Project, Location Map

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ATTACHMENT 1
Construction Contact 2024-01
East Via Vaquero - Street Improvement Project
Project Location Map

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ORDINANCE 1306

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, AMENDING SAN DIMAS MUNICIPAL CODE CHAPTER 14.11 AND CHAPTER 14.13 of TITLE 14 (WATER AND SEWERS) UPDATING THE

STORMWATER MANAGEMENT AND DISCHARGE AND LOW IMPACT

DEVELOPMENT (LID) REQUIREMENTS FOR NEW DEVELOPMENT AND

REDEVELOPMENT PROJECTS AND INCORPORATING THE REGIONAL
PHASE I MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT

REQUIREMENTS ASSOCIATED WITH DISCHARGE AND CONNECTION TO

THE STORM DRAIN SYSTEM, AND CONTROL OF STORMWATER AND NON-STORMWATER RUNOFF WHEREAS, the City of San Dimas is authorized by Article XI, §5 and §7 of the State Constitution to exercise the police power of the State by adopting regulations to promote public health, public safety, and general prosperity.

WHEREAS, the City of San Dimas has authority under the California Water Code to adopt and enforce ordinances imposing conditions, restrictions, and limitations with respect to any activity which might degrade the quality of waters of the State.

WHEREAS, the City is a permittee under the " Waste Discharge Requirements for and National Pollutant Discharge Elimination System ( NPDES) Permit for Municipal Separate Storm Sewer System ( MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties, issued by the California Regional Water Quality Control Board — Los Angeles Region" ( Order No. R4- 2021- 0105), and also serves as Waste Discharge Requirements pursuant to Article 4, Chapter 4, Division 7 of the California Water Code ( commencing with section 13260); and section 402 of the Federal Clean Water Act ( CWA) and implementing regulations adopted by the U. S. EPA and Chapter 5. 5, Division 7 of the Water Code (commencing with section 13370).

WHEREAS, the Regional Phase I MS4 Permit amends certain requirements regulating the discharge of stormwater and urban runoff into the City' s storm drain facilities and control of stormwater and non- stormwater runoff.

WHEREAS, LID practices are widely recognized as an effective and sustainable approach to managing the quantity and quality of stormwater and non -storm water runoff by establishing standards and practices to maintain or restore the natural hydrologic character of a development site, reduce off-site runoff, improve water quality, and provide groundwater recharge.

NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, California, does ordain as follows:

SECTION I. Chapter 14.11 of the San Dimas Municipal Code is hereby amended to read, in its entirety, as follows:

San Dimas, California Municipal Code Title 14 WATER AND SEWERS Chapter 14.11 STORMWATER MANAGEMENT AND DISCHARGE

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14.11.010 Definitions.

14.11.020 Responsibility for Administration.

14.11.030 General Provisions.

14.11.040 Prohibited Discharges and Activities.

14.11.050 Prohibited Connections to the MS4.

14.11.060 Requirements for Existing Properties.

14.11.070 Requirements for Industrial and Commercial Facilities.

14.11.080 Low Impact Development Standards for New Development and Redevelopment.

14.11.090 Requirements for Construction Projects.

14.11.100 Municipal Facility Activities.

14.11.110 Public Information and Participation Program.

14.11.120 Inspections and Fees.

14.11.130 Enforcement and Penalties.

14.11.140 Disclaimer of Liability.

14.11.150 Taking.

14.11.010 Definitions.

In addition to the Glossary of Terms found in Attachment D to the Los Angeles County Municipal Storm Water Permit Order No. R4-2021-0105, the following words and phrases shall have the following specific meanings:
“Adverse Impact” means any detrimental effect upon water quality or beneficial uses caused by a discharge of loading of a pollutant or pollutants.
“Area susceptible to runoff” means any surface directly exposed to precipitation or in the path of runoff caused by precipitation that leads directly to neighboring properties or to the street. “Areas of Special Biological Significance” means all those areas designated by the State Water Board as ocean areas requiring protection of species or biological communities to the extent that maintenance of natural water quality is assured. All Areas of Special Biological Significance are also classified as a subset of State Water Quality Protection Areas. "Authorized enforcement officer'' means the City's code enforcement officer and the Director of Public Works, including any person so designated by the Director of Public Works.

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“Authorized Non-Stormwater Discharge” means discharges that are not composed entirely of stormwater and that are either: (1) separately regulated by an Industrial or General NPDES permit and allowed to be discharges into the MS4 when in compliance with all NPDES permit conditions; (2) separately regulated by a conditional waiver of water discharge requirements (WDRs) or WDRs for agricultural lands; (3) authorized by U.S. EPA pursuant to sections 104(a) or 104(b) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that either (i) will comply with water quality standards as applicable or relevant and appropriate requirements (ARARs) under section 121(d)(2) of CERCLA; or (ii) are subject to (a) a written waiver of ARARs by U.S. EPA pursuant to section 121(d)(4) of CERCLA or (b) a written determination by U.S EPA that compliance with ARARs is not practicable considering the exigencies of the situation, pursuant to 40 CFR section 300.415(j); or (4) necessary for emergency response purposes, including discharges from emergency firefighting activities. “Automotive Service Facility” means a facility that is categorized by any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, facilities with SIC codes 5013, 5014, 5511, and 5541, will not be subject to inspection provided that these facilities have no outside activities or materials that may be exposed to stormwater.

SIC Code Corresponding NAICS Code
5013 425120, 441310, 425110, and 423120
5014 425120, 425110, 423130, and 441320
5511 441110
5541 447110 and 447190
7532 811121
7533 811112
7534 326212 and 811198
7536 811122
7537 811113
7538 811111
7539 811198 and 811118
"Best management practices" ("BMPs") means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters.
"City" means the City of San Dimas.
"Code" means the San Dimas Municipal Code.
“Conditionally Exempt Non-Stormwater Discharge” means certain categories of discharges that are not composed entirely of stormwater and that are allowed by the Los Angeles Water Board to discharge into the MS4, if the discharge is in compliance with all specified requirements; are not otherwise regulated by an individual or general NPDES permit; and are essential public services that are directly or indirectly required by other State or federal statute and/or regulation. These include non-stormwater discharges such as from drinking water supplier distribution system releases. Conditionally exempt essential non-stormwater discharges may contain minimal amounts of pollutants, however, when in compliance with industry standard BMPs and control measures, do not result in significant environmental effects.

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“Construction Activity” means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See “Routine Maintenance” definition for further explanation. Where clearing, grading, or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan.
“Construction General Permit” means General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities. General NPDES permit issued by the State Water Board, which authorizes the discharge of stormwater from construction activities under certain conditions.
“Control” means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. “Dechlorinated/Debrominated Swimming Pool Discharge” means swimming pool discharges with do not contain measurable quantities of chlorine or bromine and do not contain any detergents, wastes, or additional chemicals not typically found in swimming pool water. The term does not include swimming pool filter backwash.
"Discharge" means without qualification the release or a pollutant or pollutants to the MS4. "Disturbed area" means an area altered as a result of clearing, grading and/or excavation of earth. “Drinking Water Distribution System Discharges” means sources of flows from drinking water storage, supply, and distribution systems including flows from system failures, pressure releases, system maintenance, distribution line testing, fire hydrant flow testing; and flushing and dewatering of pipes, reservoirs, vaults, and minor non-invasive well maintenance activities not involving chemical addition(s). It does not include wastewater discharges from activities that occur at wellheads, such as well construction, well development (i.e., aquifer pumping tests, well purging, etc.), or major well maintenance.
“Emergency Situation” means any incident, whether natural, technological, or human-caused, that requires responsive action to protect life of property. "Gray water" means water that is discharged from sinks, showers, tubs, washing machines, dishwashers, and garbage disposals.
"Hazardous waste" means any material defined as hazardous by Chapter 6.95 of the California Health and Safety Code and any substance designated pursuant to 40 CFR 302. This includes unlisted hazardous substances that are solid wastes, as defined in 40 CFR 261.2, that are not excluded from regulation as hazardous wastes under 40 CFR 261.4(b) if they exhibit any of the characteristics identified in 40 CFR 261.20 through 261.24. "Illicit connection" means any man-made conveyance that is connected to the storm drain system without a permit, excluding roof drains and other similar type connections. Examples include

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channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.
"Illicit discharge" means any discharge into the MS4 that is prohibited under local, state, or federal statues, ordinances, codes, or regulations. The term illicit discharge includes any non-stormwater discharge, except those authorized non-stormwater discharges; conditionally exempt non-stormwater discharges; and non-stormwater discharges resulting from natural flows specifically identified in this Chapter.
“Industrial General Permit” means a General Permit for Storm Water Discharges Associated with Industrial Activities. General NPDES permit issued by the State Water Board, which authorizes the discharge of stormwater from certain industrial activities under certain conditions. “Industrial/Commercial Facility” means any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facilities includes, but is not limited to, any facility defined by either the Standard Industrial Classifications (SIC) or the North American Industry Classification System (NAICS). “LID” means Low Impact Development. LID consists of building and landscape features designed to retain or filter stormwater runoff.
“Municipal Separate Storm Sewer System (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutter, ditches, man-made channels, or storm drains) (40 CFR § 122.26(b)(8)) that is the following:

1. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;

2. Designed or used for collecting or conveying stormwater; and

3. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR § 122.2.
“New Development” means land-disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.
"Non-Stormwater Discharge” means the flow of any fluid that is not entirely composed of stormwater.
"NPDES" means the National Pollutant Discharge Elimination System. “Planning Priority Projects” means development projects subject to Permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s).

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“Regional Board” means the California Regional Water Quality Control Board, Los Angeles Region.
“Sidewalk Rinsing” means low-volume pressure washing of paved pedestrian walkways with average water usage of 0.006 gallons per square foot, with no cleaning agents, and proper disposal of all debris collected.
"Storm Drain System" means those facilities that convey stormwater runoff and suspended solids to the waters of the United States, including streets, alleys, roads, ditches, curbs, gutters, catch basins, conduits, streams, channels, creeks, and rivers. "Stormwater'' means water that originates from atmospheric moisture (rainfall, hail, snow, or snowmelt) and that falls onto land, water, or other surfaces. "Stormwater Pollution Prevention Plan" ("SWPPP") means a plan, as required by a state general permit for discharges of stormwater (e.g., Construction General Permit or Industrial General Permit), identifying potential pollutant sources and describing the design, placement, and implementation of BMPs, to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges from activities covered by the general permit. "Stormwater Runoff “means the part of precipitation (rainfall or snowmelt) that travels across a surface to the storm drain system or receiving waters.
"Urban Runoff” means surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial, or industrial activities involving the use of potable and non-potable water.

14.11.020 Responsibility for Administration.

This Chapter shall be administered by the office of the City Engineer. (Ord. 1064 4,1997)

14.11.030 General Provisions.

A. The purpose and intent of this chapter is to protect the health and safety of the residents of the City by protecting the beneficial uses, marine habitats, and ecosystems of receiving water from pollutants carried by stormwater and non-stormwater discharges. The intent of the chapter is to enhance and protect the water quality of receiving waters consistent with the Clean Water Act.

B. The provisions of this chapter shall apply to the discharge, deposit, addition, or disposal of any non-stormwater, stormwater and/or runoff to the storm drain system and/or receiving waters within the City.

C. The City Engineer shall establish and enforce uniform standards, guidelines, and/or criteria for specific discharges, connections and/or BMPs.14.11.040 Prohibited Discharges and Activities.

14.11.040 Prohibited Discharges and Activities.

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A. Except as otherwise conditionally authorized by the Permit or any other NPDES permit, waiver or waste discharge order issued by the U.S. EPA, the State Board, or a regional board, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, including the provisions of this chapter, and subject to any requirements specified by the Director, no person shall do the following:

1. Discharge non-stormwater to the City's storm drain system or to receiving waters except in compliance with the requirements of this Chapter;

2. Cause, allow, or facilitate any prohibited discharge; and

3. Discharge, cause, allow, or facilitate any discharge that may cause or threaten to cause a condition of pollution or nuisance as defined in Water Code section 13050, that may cause, threaten to cause or contribute to an exceedance of any water quality standard in any Statewide Water Quality Control Plan, California Toxics Rule, or Basin Plan, or that may cause or contribute to the violation of any receiving water limitation.

B. Pursuant to the Permit, discharges which may be conditionally authorized subject to best management practices and other restrictions or prohibitions, include but are not limited to the following types of discharges:

1. Authorized non-stormwater discharges separately regulated by an individual or general NPDES permit.

2. Authorized non-stormwater discharges separately regulated by a conditional waiver or WDRs for agricultural lands.

3. Temporary non-stormwater discharges authorized pursuant to sections 104(a) or 104(b) of the CERCLA that either: (i) will comply with water quality standards as applicable or relevant and appropriate requirements (“ARARs”) under section 121(d)(2) of CERCLA; or (ii) are subject to either (a) a written waiver of ARARs pursuant to section 121(d)(4) of CERCLA or (b) a written determination that compliance with ARARs is not practicable considering the exigencies of the situation pursuant to 40 CFR. Section 300.415(j).

4. Authorized non-stormwater discharges from emergency firefighting activities (i.e., discharges resulting from water use necessary for the protection of life or property from fire).

5. Natural flows to include the following:
a. Natural springs;
b. Flows from riparian habitats and wetlands;
c. Diverted stream flows, authorized by the State Water Board or Los Angeles Water Board;
d. Uncontaminated ground water infiltration; and
e. Rising ground waters, where ground water seepage is not otherwise covered by a NPDES permit.

6. Conditionally exempt non-stormwater discharges as follows:
a. Conditionally Exempt Essential Non-Stormwater Discharges to include the following:
i. Discharges from essential non-emergency firefighting activities. ii. Discharges from drinking water systems that are not otherwise regulated by an NPDES permit.
b. Conditionally Exempt Non-Essential Non-Stormwater Discharges to include the following:
i. Dewatering of lakes.

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ii. Landscape irrigation.
iii. Dechlorinated/debrominated swimming pool/spa discharges not otherwise regulated by a separate NPDES permit.
iv. Dewatering of decorative fountains.
v. Non-commercial car washing by residents or by non-profit organizations.
vi. Street/sidewalk wash water.
vii. Short-term releases of potable water with no additives or dyes for filming purposes.
viii. Potable wash water used to clean reservoir covers. c. Non-Stormwater Discharges to an ASBS are allowed as follows:
i. One of the conditionally exempt non-stormwater discharge categories in part 6.a. above.
ii. Essential for emergency response purposes, structural stability, and slope stability, which may include but are not limited to the following discharges:
a. Discharges associated with emergency firefighting
operations (i.e., discharges resulting from water use
necessary for the protection of life or property from fire). b. Foundation and footing drains;
c. Water from crawl space or basement pumps; and
d. Hillside dewatering.
iii. Naturally occurring discharges as follows:
a. Naturally occurring groundwater seepage via the MS4; b. Non-anthropogenic flows from a naturally occurring stream via a culvert or MS4, if there are no contributions of anthropogenic runoff.

C. The City Engineer may limit or prohibit any discharge which is conditionally authorized by the Permit if the discharge is a source of pollutants or causes or contributes to an exceedance of applicable receiving water limitations or water quality-based effluent limitations, including but not limited to imposing conditions on such discharge, requiring control measures and other actions to reduce pollutants, requiring diversion of the discharge to the sanitary sewer, or requiring pretreatment.

D. The City Engineer may require any person to obtain a permit from the City before discharging or causing, allowing, or facilitating any discharge to the storm drain system. It is unlawful to discharge, cause, allow, or facilitate any discharge to the storm drain system in violation of any permit so required.

E. Littering and other discharge of polluting or damaging substances are prohibited.

1. No person shall cause any refuse, rubbish, food waste, garbage, or any other discarded or abandoned objects to be littered, thrown, deposited, left, accumulated, maintained or kept in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, drainage structure, place of business, or upon any public or private property so that the same may or does become a pollutant which may or does enter the storm drain system or receiving waters, except when such materials are placed

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in containers, bags, recycling bins, or other lawfully established waste disposal facilities protected from stormwater or runoff.

2. No person shall cause the disposal of hazardous materials or hazardous wastes into trash containers used for municipal trash disposal.

3. No person shall cause to be discharged to the storm drain system or to receiving waters any pesticide, fungicide, or herbicide prohibited by the U.S. EPA or the California Department of Pesticide Regulation.

4. No person shall cause the accumulation of pollutants, leaves, dirt, or other landscape debris into a street, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain, or any fabricated or natural conveyance so that the same may or does become a pollutant which may or does enter the storm drain system or receiving waters.

5. No person shall cause the disposal of sanitary or septic waste or sewage into the storm drain system from any property or residence or any type of recreational vehicle, camper, bus, boat, holding tank, portable toilet, vacuum truck, or other mobile source of waste holding tank, container, or device.

6. No person shall discharge or cause to be discharged anything that would result in or contribute to a violation of the City's NPDES permit and any amendment, revision or re-issuance, thereof, either separately or when combined with other discharges.

F. No person shall conduct any industrial activity in the City without obtaining all the permits required by state or federal law, including a NPDES General Industrial Activity Storm Water Permit, when required.

14.11.050 Prohibited Connections to the MS4.

A. The installation or use of illicit connections prohibited. No person shall install, maintain, or use any connection to the storm drain system or act, cause, permit or suffer any non-stormwater to be discharged or conveyed through a connection to the storm drain system unless the connection has been permitted by the City Engineer This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization, or whether permissible under the laws or practices applicable or prevailing at the time of the connection.

B. Removal of illicit connection from the storm drain system. If any person fails to remove an illicit connection upon notification by the City Engineer, or upon revocation of a connection permit, the City Engineer may direct the removal of such connection from the storm drain system. Additionally, the City Engineer may pursue the recovery of costs for such removal pursuant to 14.11.130.
(Ord. 1112 § 1, 2000; Ord. 1064 § 4, 1997)

14.11.060 Requirements for Existing Properties.

Any owner or occupant of property within the City shall comply with the following best management practices:

A. Any person engaged in activities which will or may result in pollutants entering the City storm drain system shall undertake all control measures and BMPs as the City Engineer

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may require to reduce such pollutants. Premises with a high potential threat of discharge may be required to implement a monitoring program meeting standards established by the City. Where best management practices guidelines or requirements have been adopted by any Federal, State, regional, and/or city agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharges of non-stormwater to the storm drain system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the City Engineer.

B. Installation of structural BMPs. No person shall install a structural BMP for the purpose of treating, neutralizing, disposing of monitoring or diverting to the sanitary sewer system any runoff without the approval of the City Engineer and of the Los Angeles County Sanitation District or any successor thereto. Such facilities may be subject to plan review, application, and issuance of operating permits.

C. BMPs to be consistent with environmental goals. No person shall install or implement a BMP that transfers pollutants to air, groundwater, surface soils, and/or other media in a manner inconsistent with applicable environmental laws and regulations.

D. The City Engineer may require any person responsible for any industrial or commercial facility of new or redevelopment project to submit documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, stormwater pollution prevention plans, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this Chapter or any NPDES permit. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

E. The City Engineer may require any person responsible for any industrial or commercial facility or new development or redevelopment project to enter into an agreement for the operation and maintenance of any structural control measures and to record such agreement with the County Recorder’s office.

F. The following BMPs are required of every owner or occupant of any property:

1. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical, fuel, animal waste, garbage, batteries, and/or septic waste in an area where actual or potential discharge to the City streets or the storm drain system may occur. Any spills, discharge, or residues shall be removed as soon as possible and disposed of properly.

2. Runoff from landscape irrigation, air conditioning condensate, water-line flushing, foundation/footing drains, individual residential car washing, dechlorinated/debrominated swimming pool/spa discharges, and sidewalk washing shall be conducted in a manner which minimizes or eliminates the possibility of pollutant discharges reaching the City storm drain system or receiving waters.

3. Runoff from washing paved areas, including but not limited to parking lots, on industrial or commercial property is prohibited unless specifically required by federal, state, or local health or safety codes and not in violation of any other provision of this code. Runoff from authorized washing of paved areas shall be minimized to the extent practicable.

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4. Objects, such as motor vehicle parts containing grease, oil, or other hazardous materials, and unsealed receptacles containing hazardous materials, shall not be stored in area exposed to stormwater or otherwise susceptible to runoff.

5. Any machinery or equipment which is to be repaired or maintained in areas exposed to stormwater or otherwise susceptible to runoff shall be provided with containment areas to control leaks, spills, or discharges.

6. All motor vehicle parking lots with more than 25 parking spaces and located in areas exposed to stormwater or otherwise susceptible to runoff shall have debris removed by regular sweeping or other equally effective measures. Such debris shall be collected and properly disposed of.

7. Motor vehicle parking lots with a gravel/sediment base to implement BMPs to prevent the discharge of gravel and sediment to the MS4. (Ord. 1064 § 4, 1997) G. The discharge of gray water to street or storm drains is prohibited.

14.11.070 Industrial and Commercial Facilities
A. The following discharges from industrial or commercial activities are prohibited unless the discharge is in compliance with the provisions of this chapter:

1. Discharge of wash waters to the storm drain system from the cleaning of gas stations, auto repair garages, or other types of auto repair facilities;

2. Discharge of wastewater to the storm drain system from mobile auto washing, steam cleaning, mobile carpet cleaning, or other such mobile commercial and industrial operations;

3. Discharge to the storm drain system from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluids, or coolants is undertaken;

4. Discharge to the storm drain system from storage areas for materials containing grease, oil, or hazardous materials, or from uncovered receptacles containing hazardous materials, grease, or oil;

5. Discharge of commercial/public swimming pool filter backwash to the storm drain system;

6. Discharge from the washing of toxic materials from paved or unpaved areas to the storm drain system;

7. Discharge from the washing out of concrete trucks to the storm drain system; and

8. Discharge from the washing or rinsing of restaurant mats, equipment, or garbage bins or cans in such a manner that causes non-stormwater to enter the storm drain system.

B. Industrial/commercial facility sources required to obtain a NPDES permit. Any industrial or commercial facility required to have a NPDES permit shall retain on-site and, upon request, make immediately available to the director the following documents as evidence of compliance with permit requirements, as applicable:

1. A copy of a NPDES permit or notice of intent to comply with a general permit to discharge stormwater associated with industrial or construction activity as submitted to the State Board or report of waste discharge as submitted to a Regional Board of jurisdiction;

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2. A waste discharge identification number issues by the State Board or copy of the NPDES permit issued by a Regional Board;

3. A SWPPP and a monitoring program plan or group monitoring plan;

4. Stormwater quality data;

5. Evidence of facility self-inspection; or

6. Evidence that facilities has filed a Notice of Non-Applicability (NONA) or any applicable waiver issued by the Los Angeles Water Board or State Water Board pertaining to stormwater discharges.

C. Best management practices for industrial and commercial facilities. All industrial and commercial facilities shall implement BMPs which will effectively prevent the direct or indirect discharge of pollutants to the storm drain system or receiving waters to the maximum extent practicable. Minimum BMPs applicable to all industrial and commercial facilities include, but are not limited to the following:

1. Termination of all non-stormwater discharge to the storm drain system that is not specifically authorized by a NPDES permit;

2. Exercising general good housekeeping practices;

3. Incorporating regular scheduled preventative maintenance into operations;

4. Maintaining spill prevention and control procedures;

5. Implementing soil erosion control;

6. Posting on-site private storm drains to indicate that they are not to receive liquid, solid wastes, or pollutants;

7. Implementing regular cleaning of the on-site private storm drain system;

8. Ensuring that stormwater runoff is directed away from operating, processing, fueling, cleaning and storage areas;

9. Remove trash, debris, and free-standing oil/grease, spill/leaks from sidewalks and hard surfaces; and

10. Sidewalk washing should be performed using high pressure, low-volume spray washing using only potable water with no cleaning agents at an average usage of

0.006 gallons per square feet of sidewalk area.

14.11.080 Low Impact Development Standards for New Development and Redevelopment.

14.11.050 Low Impact Development Standards for New Development and Redevelopment.

A. All Priority Development project, i.e., new development/redevelopment projects shall comply with the provisions of the City’s Low Impact Development Ordinance, Chapter

14.13. B. Failure to comply with an approved urban stormwater mitigation plan after receiving any required planning approval shall be a misdemeanor. (Ord. 1064 § 4, 1997)

14.11.090 Requirements for Construction Projects.

A. No person shall commence any construction activity for which a permit is required by this Chapter or any law or regulation without implementing stormwater and runoff pollution mitigation measures required by such permit(s), law, regulation or this Chapter. In addition, prior to obtaining a grading or building permit, each operator of any construction

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activity shall submit evident to the City Engineer that all applicable permits have been obtained, including but not limited to the General Construction Activities Storm Water Permit and State Water Board 401 Water Quality Certification.

B. No grading permit shall be issued for developments with disturbed areas of one (1) acre or greater or which is part of a larger common plan of development unless the applicant can show that:

1. A notice of intent (NOI) to comply with the state construction activity stormwater permit has been filed;

2. A stormwater pollution prevention plan (SWPPP) has been prepared; and

3. A post-construction plan meeting the low-impact development standards in Chapter

14.13 has been submitted.

C. Prior to obtaining a grading or building permit, each operator of a construction site less than one (1) acre shall prepare and submit to the City Engineer, a plan to: control erosion and sediment; prevent erosion, sediment loss, and the discharge of construction wastes.

D. The following minimum set of BMPs shall apply to all construction sites (regardless of size):

1. Site Management – housekeeping.

2. Erosion Controls – scheduling and preservation of existing vegetation.

3. Sediment Controls – perimeter controls and stabilized construction site entrance and exit.

4. Non-Stormwater Management – Water conservation practices and dewatering operations.

5. Waste Management – Material delivery and storage; stockpile management; solid waste management; concrete waste management; and sanitary/septic waste management.

E. The following minimum BMPs are required for both private or public roadway paving or repair operations:

1. Restrict paving and repaving activities to exclude periods of rainfall or predicted rainfall unless required by emergency conditions.

2. Install gravel bags and filter fabric or other equivalent inlet protection at all susceptible storm drain inlets and at manholes to prevent spills of paving products and tack coat.

3. Prevent the discharge of release of agents including soybean oil, other oils, or diesel to the asphalt.

4. Minimize non-stormwater runoff from water use for roller equipment and for evaporative cooling of the asphalt.

5. Clean equipment over absorbent pads, drip pans, plastic sheeting or other materials to capture all spillage and dispose properly.

6. Collect liquid waste in a container, with a secure lid, for transport to a maintenance facility to be reused, recycled or disposed of properly.

7. Collect solid waste by vacuuming or sweeping and securing in an appropriate container for transport to a maintenance facility to be reused, recycled or disposed of properly.

8. Cover “cold-mix” asphalt with protective sheeting during a rainstorm.

9. Cover loads with tarp before haul-off to a storage site, and do not overload trucks.

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10. Minimize airborne dust by using water spray or other approved dust suppressant during grinding.

11. Avoid stockpiling soil, sand, sediment, asphalt material, and asphalt grindings materials or rubble in or near stormwater drainage systems or receiving waters.

12. Protect stockpiles with a cover or sediment barriers during rain.

F. Project plans must include a narrative discussion of the reasons used for selecting or rejecting BMPs. In lieu of a narrative, the project architect or engineer of record may sign a statement on the plan to the following effect:
"As the architect/engineer of record, I have selected appropriate BMPs to effectively minimize the negative impacts of this project's construction activities on stormwater quality. The project owner and contractor are aware that the selected BMPs must be installed, monitored, and maintained to ensure their effectiveness. The BMPs not selected for implementation are redundant or deemed not applicable to the proposed construction activities." G. The requirements set forth in this Chapter shall apply at the time of demolition of an existing structure or commencement of construction and until the project receives final occupancy/clearance from the City.

14.11.100 Municipal Facility Activities.

A. Any municipal activity/facility required to have a NPDES permit shall prepare the following documents as evidence of compliance with permit requirements, as applicable:

1. A copy of an NPDES permit or NOI to comply with a general permit to discharge stormwater associated with industrial or construction activities as submitted to the State Water Resources Control Board or report of waste discharge submitted to the Los Angeles Regional Board;

2. A waste discharge identification number issued by the State Water Resources Control Board or copy of the NPDES permit issued by the Los Angeles Regional Board;

3. A SWPPP and a monitoring program plan or group monitoring plan;

4. Stormwater quality data;

5. Evidence of facility self-inspection; or

6. Evidence that the facility has filed a Notice of Non-Applicability (NONA) or applicable wavier issued by the Los Angeles Regional Board or State Water Resources Control Board pertaining to stormwater discharges.

B. Additionally, the City will implement stormwater BMPs that will address the following public agency areas:

1. Sewage systems operations;

2. Public construction activities management;

3. Vehicle maintenance/material storage facilities management;

4. Landscape and recreational facilities management;

5. Storm drain operation and management;

6. Streets and roads maintenance;

7. Parking facilities management;

8. Public industrial activities;

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9. Emergency procedures.

14.11.110 Public Information and Participation Program.

The City will continue to collaboratively with the East San Gabriel Valley Watershed Group and with County-wide and Region-wide partners to do the following:

1. Increase caused understanding about the importance of stormwater management to public health/community health, environmental quality and local water resiliency, and;

2. Increase support for stormwater management program and stormwater projects among the City’s residents and businesses.

14.11.120 Inspection and Fees.

A. Routine or Area Inspections. Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, inspections shall be based upon such reasonable selection process as may be deemed necessary to carry out the objectives of this Chapter, including but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, discharges of non-stormwater to the City 's storm drain system, discharges which are not pursuant to a NPDES permit, or similar factors.

B. Inspection for Reasonable Cause. Whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the officer may, upon consent or upon obtaining an inspection warrant, enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this Chapter. The following actions may be carried out during such inspection:

1. Inspect, sample, make flow measurements of any runoff, discharge, or threatened discharge;

2. Place on the premises devices for runoff or discharge sampling, monitoring, flow measurement, or metering;

3. Inspect, copy, or examine any records, reports, plans, test results, or other information required to carry out the provisions of this Chapter, to the extent allowed by law; and

4. Photograph any materials, storage area, waste, waste containers, BMP(s), vehicle(s), connection, discharge, runoff, and/or violation discovered during an inspection.

C. Interference with an inspector is prohibited. No person shall, during reasonable hours, refuse, restrict, resist, or attempt to resist the entrance of the City’s inspector into any building, factory, plant, yard, construction site or portions thereof in the performance of his/her duty within the powers conferred upon them by law.

D. A fee that shall reimburse the City for the costs of inspections of facilities undertaken pursuant to this Chapter or any federal, state, regional and/or local regulatory agency order or permit pertaining to stormwater pollution or discharges shall be collected concurrently at the time of payment of the business license fee. The amount of the fee shall be established by City Council resolution and is intended to reimburse the City for the costs

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of inspections, and shall be imposed on those facilities where inspections occur. (Ord. 1139 § 1, 2003; Ord. 1064 § 4, 1997)

14.11.130 Enforcement and Penalties.

A. Except as otherwise provided in this Chapter, for the first failure to comply with any provision of this Chapter, the Director of Public Works, or his or her designee, may issue to the affected party a written notice that includes the following information

1. A statement specifying the violation committed and order to comply;

2. A specified time period within which the affected person shall correct the failure or file a written notice disputing the notice of violation;

3. A statement of the penalty for continued noncompliance.

B. Each subsequent failure to comply with any provision of this Chapter following written notice issued pursuant to subsection A of this section shall constitute a misdemeanor or an infraction punishable as provided in Chapter 1.12 of the San Dimas Municipal Code.

Each day during which a person fails to comply with the provisions of this Chapter following written notice shall constitute a separate offense.

C. A violation of any provision of this Chapter is declared to be a public nuisance and the City is authorized to abate such violation by means of a civil action. Additionally, the Director may summarily abate such nuisance upon determination that the nuisance constitutes an immediate threat to public health or safety.

D. The penalties and remedies established by this section shall be cumulative and shall include costs incurred by the City for such abatement, including reasonable attorney’s fees and other costs of enforcement. (Ord. 1064 § 4, 1997)

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14.11.140 Disclaimer of Liability.

The degree of protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this Chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This Chapter shall not create liability on the part of the City, any officer or employee thereof, for any damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. (Ord. 1064 § 4, 1997)

14.11.150 Taking.

The provisions of this Chapter shall not operate to deprive any property owner of any constitutionally protected right. If a property owner claims that application of this Chapter to a specific project would deprive the property owner of a constitutionally protected right, then such property owner shall make application to the City, and the City may allow additional land uses, but only to the extent necessary to avoid depriving the property owner of a proven constitutionally protected right. In any such application the burden shall be on the property owner to demonstrate that strict application of this Chapter would cause the deprivation of a constitutionally protected right. Such additional land uses shall be consistent with and carry out the purposes of this Chapter as set forth herein, and shall not be inconsistent with any other federal, state, or local laws, including but not limited to the City’s General Plan. (Ord. 1064 § 4, 1997)

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SECTION II. Chapter 14.13 of the San Dimas Municipal Code is hereby amended to read, in its entirety, as follows:

San Dimas, California Municipal Code Title 14 WATER AND SEWERS Chapter 14.13 LOW IMPACT DEVELOPMENT

14.13.010 Title.

14.13.020 Purpose.

14.13.030 Findings.

14.13.040 Definitions.

14.13.050 New development and redevelopment project provisions applicability.

14.13.060 Project performance criteria.

14.13.070 Alternative compliance for technical infeasibility.

14.13.080 Hydromodification Management Requirements

14.13.090 Plan review procedures.

14.13.100 Plan review fees.

14.13.110 Maintenance agreement.

14.13.120 Enforcement.

14.13.130 Stop work order.

14.13.140 Failure to comply-Completion

14.13.150 Emergency measures.

14.13.160 Cost recovery for damage to storm drain system.

This chapter shall be known as the "City of San Dimas Low Impact Development (LID) Ordinance" and may be so cited. (Ord. 1231 § 1, 2014)

14.13.020 Purpose.

It is the purpose of this chapter to establish minimum stormwater management requirements and controls to accomplish, among others, the following objectives:

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A. Lessen the water quality impacts of development by using smart growth practices and integrate Low Impact Development (LID) design principles to mimic predevelopment hydrology through infiltration, evapotranspiration, and rainfall harvest and use.

B. Minimize the adverse impacts from stormwater runoff on the biological integrity of natural drainage systems and the beneficial uses of waterbodies.

C. Minimize the percentage of impervious surfaces on land developments by minimizing soil compaction during construction, designing projects to minimize the impervious area footprint, and employing Low Impact Development (LID) design principles.

D. Maintain existing riparian buffers and enhance riparian buffers when possible.

E. Minimize pollutant loadings from impervious surfaces such as roof tops, parking lots, and roadways through the use of properly designed, technically appropriate Best Management Practices (BMPs), including source control BMPs Standard Urban Stormwater Mitigation Plan [SUSMP] design standards, and treatment control BMPs).

F. Properly select, design, and maintain LID and hydromodification control BMPs to address pollutants that are likely to be generated, reduce changes to pre-development hydrology, assure long-term function, and avoid the breeding of vectors.

G. Prioritize the selection of BMPs to remove stormwater pollutants, reduce stormwater runoff volume, and beneficially use stormwater to support an integrated approach to protecting water quality and managing water resources in the following order of preference:

1. On-site infiltration, bioretention and/or rainfall harvest and use.

2. On-site biofiltration, off-site ground water replenishment, and/or off-site retrofit.

14.13.030 Findings.

The City of San Dimas (hereinafter referred to as “City”) finds the following:

A. Waterbodies, roadways, structures, and other property within and downstream of the City are at times subject to flooding.

B. Land development alters the hydrologic response of watersheds, resulting in increased stormwater runoff rates and volumes, increased flooding, increased stream channel erosion, increased sediment transport and deposition, and increased nonpoint source pollutant loading to the receiving waterbodies and the beaches.

C. Stormwater runoff produced by land development contributes to increased quantities of water-borne pollutants.

1. Increases of stormwater runoff, soil erosion, and non-point source pollution have occurred as a result of land development and have impacted the water resources of the San Gabriel River Watershed.

2. Increased stormwater runoff rates and volumes and the sediments and pollutants associated with stormwater runoff from future development projects within the City

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will, absent proper regulation and control, adversely affect the City's waterbodies and water resources, and those of downstream municipalities.

3. Stormwater runoff, soil erosion, and non-point source pollution can be controlled and minimized by the regulation of stormwater runoff from development.

4. Adopting the standards, criteria, and procedures contained in this chapter and implementing the same will address many of the deleterious effects of stormwater runoff. (Ord. 1231 § 1, 2014)

14.13.040 Definitions.

For purposes of this chapter, any term used in this chapter shall be defined as the term in the Los Angeles Regional Phase I Municipal Storm Water Permit, Order No. R4-2021-0105 (Permit), and any amendments revisions or reissuance thereof. Terms not specifically defined in this chapter shall have the meaning customarily assigned to them. The following words and phrases shall have the following meanings when used in this chapter:
“85th Percentile, 24-Hour Storm Event” is a statistical design storm defined through a hydrologic analysis of long-term rainfall records for a particular geographic area. At the most basic level, the design storm represents the 85th percentile, 24-hour rainfall depth (typically measured in inches of rain) among all 24-hour rainfall depths evaluated in the historical record. Analyses that define this storm event often express the 85th percentile, 24-hour storm event as an “isohyetal” or “isopluvial” map with contour lines connecting areas with the same 85th percentile 24-hour rainfall depth. In some situations (e.g., in storm hydrographs), the temporal distribution of rainfall during the 85th percentile, 24-hour storm event may be assumed. “Act or Clean Water Act (CWA)” means the Federal Water Pollution Control Act, also known as the Clean Water Act as amended 33 U.S.C. 1251, et seq.
“Applicant” means any person proposing or implementing the development of land. “Areas of Special Biological Significance (ASBS)” as defined in the Water Quality Control Plan for Ocean Waters of California (California Ocean Plan), ASBS are all those areas designated by the State Water Board as ocean areas requiring protection of species or biological communities to the extent that maintenance of natural water quality is assured. All Areas of Special Biological Significance are also classifies as a subset of State Water Quality Protections Areas. ASBS are also referred to as State Water Quality Protection Areas – Areas of Special Biological Significance (SWQPA-ASBS).
“Automotive Service Facility” means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NACIS) codes (5013, 5014, 5511, 5541, 7532 -7534and 7536-7539). “Best Management Practice (BMP)” means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters.
“Biofiltration” means a LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term “biofiltration” as used in achieving the required pollutant load

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reduction. Therefore, the term “biofiltration” as used is defined to include only systems designed to facilitate incidental or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain. Biofiltration BMPs include bioretention systems with an underdrain and bioswales. “Bioretention” means a LIP BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum 2-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in the Permit, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain.

When a bioretention BMP is designed or constructed with an underdrain, it is regulated by the Permit as biofiltration.
“City” means the City of San Dimas.
“Clean Water Act (CWA)” means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to Waters of the United States unless the discharge is in accordance with an NPDES permit.
“Commercial Malls” means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store-to-store, along with parking area(s). A commercial mall includes but is not limited to mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers.
“Construction Activity” means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect the public health and safety of routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility.
“Design Engineer” means the registered professional engineer responsible for the design of the stormwater management plan.
“Development” means construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit, or planned unit development); industrial, commercial, retail, and other non-residential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. “Directly Adjacent” means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. “Effective Impervious Area (EIA)” is the portion of the surface area that is hydrologically connected to a drainage system via a hardened conveyance or impervious surface without any intervening pervious area to mitigate the runoff volume.

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“Emergency Situation” means any incident, whether natural, technological, or human-caused, that requires responsive action to protect life or property (as defined by the Federal Emergency Management Agency). The responsive action should implement measures, to the fullest extent possible, to reduce the threat to water quality.
“Flow-through BMPs” means modular, vault type “high flow biotreatment” devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain. “General Construction Activities Storm Water Permit (GCASP)” means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions.
“Green Roof “means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain.
“Hydrologic Unit Code (HUC)” is standardized watershed classification system in which each hydrologic unit is identified by a unique hydrologic unit code (HUC). The HUC may consist of an eight (8) to twelve (12) digit number. The 8-digit HUC identifies an area based on four levels of classification: region, sub-region, hydrologic basin, and hydrologic sub-basin. The Watershed Boundary Dataset includes the 12-digit HUC delineation, which further divides each hydrologic unit into watersheds and sub-watersheds based on scientific information and not administrative boundaries.
“Hydromodification” means the alteration away from a natural state of stream flows or the beds or banks of rivers, streams, or creeks, including ephemeral washes, which results in hydrogeomorphic changes.
“Impervious Surface” means any man-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development.

Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth. “Industrial Park” means land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry.
“Infiltration BMP” means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended on-site soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement.
“LID” means Low Impact Development. LID consists of building and landscape features designed to retain or filter stormwater runoff.

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“Maintenance Agreement” means a binding agreement that sets forth the terms, measures, and conditions for the maintenance of post-construction BMP requirements, with exception of simple LID BMP’s implemented on single family residences.
“Natural Drainage System” means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as modified as defined in Hydromodification. “New Development” means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.
“Parking Lot” means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of 5,000 square feet or more of surface area.
“Plan” means written narratives, specifications, drawings, sketches, written standards, operating procedures, or any combination of these which contain information pursuant to this Chapter. “Planning Priority Projects” means development projects subject to Permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s).
“Rainfall Harvest and Use” means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department. “Receiving Water” means “water of the United States” into which waste and/or pollutants are or may be discharged.
“Redevelopment” includes but is not limited to the following: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. “Restaurant Establishments” means businesses primarily engaged in the retail sale of prepared food and drinks for on-premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry (SIC Code 5812). “Retail Gasoline Outlet” means any facility engaged in selling gasoline and lubricating oils – SIC 5541 and NAICS 447110 and 447190.
“Retention” means a holding system for stormwater, either natural or man-made, which does not have an outlet to adjoining watercourses or wetlands and in which water is removed through infiltration and/or evaporation processes.

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“Routine Maintenance Projects” include, but are not limited to projects conducted to the following:

1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

2. Perform as needed the restoration work to preserve the original design grade, integrity, and hydraulic capacity of flood control facilities.

3. Includes road shoulder work, re-grading dirt or gravel roadways and shoulders and performing ditch cleanouts.

4. Upgrade existing lines* and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.

5. Repair leaks.

6. Routine maintenance does not include construction of new** lines or facilities resulting from compliance with applicable codes, standards, and regulations.

Note: * Update existing lines includes replacing existing lines with new materials or pipes. ** New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines.
“Runoff” means any runoff including stormwater and non-stormwater from a drainage area that reaches a receiving water body.
“Significant Ecological Area (SEA)” means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity for the purpose of protecting biotic diversity as part of the Los Angeles County General Plan.

Single-family hillside home means, one acre or greater property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25% or greater and where grading, contemplates cut or fill slopes. “Site” means land or water area where any “facility or activity” is physically located or conducted, including adjacent land used in connection with the facility or activity. “Source Control BMP” means any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices, or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution. “Storm Drain System” means any facilities or any part of those facilities, including streets, gutters, conduits, natural or artificial drains, channels, and watercourses that are used for the purpose of collecting, storing, transporting, or disposing of stormwater and are located within the City of San Dimas.
“Storm Water or Stormwater” means water that originates from atmospheric moisture (rain or snow) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one word or two separate words. “Stormwater Quality Design Volume (SWQDv)” means the runoff from a. The 0.75-inch, 24-hour rain event; or
b. The 85th percentile, 24-hour rain event as determined from the Los Angeles County 85th percentile precipitation isohytal map, whichever is greater.

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“Stormwater Runoff” means that part of precipitation (rainfall or snowmelt) which travels across a surface to the storm drain system or receiving waters.
“SUSMP” means the Los Angeles Countywide Standard Urban Stormwater Mitigation Plan. The SUSMP was required as part of the previous Municipal NPDES Permit (Order No. 01-182, NPDES No. CAS004001) and required plans that designate best management practices (BMPs) that must be used in specified categories of development projects. “Treatment Control BMP” means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption or any other physical, biological, or chemical process. (Ord. 1231 § 1, 2014)

14.13.050 Development and Redevelopment Project Provisions Applicability These procedures and standards set forth in this chapter apply to Priority Development Projects that fall under the City’s planning and building authority for which specific requirements, including the implementation of structural BMPs meeting the performance requirements of the Los Angeles Regional Phase I Municipal Storm Water Permit Order No, 2021-0105 (Order) and all amendment, revisions, or reissuance thereof. The standards set forth in Order minimum standards to be complied with by developers and in no way limit the authority of the City of San Dimas to adopt or publish and/or enforce higher standards as a condition of approval of developments.

A. Priority Development Projects include the following:

1. New Development Projects within any of the following categories or meeting the following criteria:
a. All development projects equal to one acre or greater of disturbed area and adding more than ten thousand (10,000) square feet of impervious surface area (collectively over the entire project site).
b. Industrial parks ten thousand (10,000) square feet or more of surface area. c. Commercial malls ten thousand (10,000) square feet or more of surface area.

2. Redevelopment projects that create and/or replace five thousand (5,000) square feet or more of impervious surface (collectively over the entire project site) on any of the following:
a. Existing site of ten thousand (10,000) square feet or more impervious surface area;
b. Industrial parks ten thousand (10,000) square feet or more impervious surface area; or
c. Commercial malls ten thousand (10,000) square feet or more impervious surface area.

3. New development and redevelopment projects that create and/or replace five thousand (5,000) square feet or more impervious surface (collectively) over the entire project site) and support one or more of the following uses:
a. Restaurants

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b. Parking lots
c. Automotive service facilities (standard industrial classifications [SIC] 5013, 5014, 5511, 7532-7534, and 7536-7539)
d. Retail gasoline outlets

4. New development and redevelopment projects that create and/or replace twenty-five (2,500_ square feet or more of impervious area that are likely to impact a sensitive biological species or habitat; and are located or directly adjacent to an Area of Special Biological Significance or Sensitive Ecological Area (SEA) such as San Dimas Canyon/San Antonio Wash.

5. Street and road construction of ten thousand (10,000) square feet or more of impervious surface area shall follow the City of San Dimas Green Streets Policy to the maximum extent practicable. Street and road construction applies to streets, roads, highways, and freeway projects, and streets within larger projects.

6. Redevelopment projects meeting the redevelopment thresholds that result in the alteration to more than fifty percent (50%) of impervious surfaces of a previously existing development, shall address the entire project.

7. Redevelopment projects meeting the redevelopment thresholds that result in the alteration to less than fifty percent (50%) of impervious surfaces of a previously existing development, only the alteration must be mitigated, not the entire project site.

8. Single-Family Hillside Homes. During the construction of a single-family hillside home, the following measures shall be considered to the maximum extent practicable:
a. Conserve natural areas.
b. Protect slopes and channels.
c. Provide storm drain system stenciling and signage.
d. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability.
e. Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability.

B. Redevelopment Projects. Redevelopment projects subject to conditioning and approval requirements outlined in this chapter for the design and implementation of post-construction controls to mitigate stormwater pollution prior to completion of the project(s) include the following:

1. Redevelopment projects that result in an alteration to more than fifty percent (50%) of impervious surfaces of an existing development which had not been not subject to post-construction stormwater quality control requirements at the time of the previous development shall be required to mitigate the entire project site.

2. Redevelopment projects that result in an alteration to more than fifty percent (50%) of impervious surfaces of an existing development which had not been not subject to post-construction stormwater quality control requirements at the time of the previous development shall be required to mitigate the entire project site.

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3. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety.

Impervious surface replacement, such as the reconstruction of parking lots and roadways, which does not disturb additional area and maintains the original grade and alignment, is not considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade.

4. Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace ten thousand square feet of impervious area. (Ord. 1231 §, 2014)

14.13.060 Project Performance Criteria.

All development projects that fit the project criteria listed in Section 14.13.050 of this chapter shall control pollutants, pollutant loads, and runoff volume by retaining the stormwater quality design (SWQDv) on-site through the following:

1. On-site infiltration, bioretention and/or rainfall harvest and use;

2. If subpart A above is infeasible, on-site biofiltration, offsite groundwater replenishment and/or off-site retrofit; or

3. If subpart B above is infeasible, on-site treatment is required, where all the above options are infeasible. Ord.1231 § 1, 2014)

14.13.070 Alternative Compliance for Technical Infeasibility.

To demonstrate technical infeasibility, the project applicant shall demonstrate to the City Engineer that the project cannot reliably retain one hundred percent of the SWQDv on-site, even with the maximum application of green roofs and rainwater harvest and use, and that compliance with the application post-construction requirements would be technically infeasible. This shall be demonstrated by submitting a site-specific hydrologic and/or design analysis conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect and shall be subject to review and approval by the City Engineer.

When evaluating the potential on-site retention, each applicant shall consider the maximum potential for evapotranspiration from green roofs and rainfall harvest and use.

If partial or complete on-site retention is technically infeasible, the project applicant shall consider the following alternative compliance measures.

A. On-Site Biofiltration. Biofiltration systems shall meet the design specifications provided in the Los Angeles County LID Manual (2014 and its revisions), or reissuance thereof equivalent LID manual. If using biofiltration due to demonstrated technical infeasibility, project must biofiltrate 1.5 times the portion of the SWQDv that is not reliably retained on-site, as calculated by Equation 1 below:

Equation 1:

Bv = 1.5 x [SWQDv - Rv]

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Where:

Bv = biofiltration volume.

SWQDv = the stormwater runoff from a 0.75 inch, twenty-four-hour storm or the eighty-fifth percentile storm, whichever is greater.

Rv = volume reliably retained on-site.

Biofiltration systems discharging to a receiving water that is included on the Clean Water Act section 303(d) list of water quality impairments due to nitrogen compounds, shall be designed and maintained to achieve enhanced nitrogen removal capacity.

B. Off-Site Infiltration. An applicant may use infiltration or bioretention BMPs to intercept a volume of stormwater runoff equal to the SWQDv, less the volume of stormwater runoff reliably retained on-site, at an approved off-site project located within the same subwatershed (HUC-12) as the Priority Development Project, and shall provide pollutant reduction (i.e., treatment) of stormwater runoff from the project site. The required off-site mitigation volume shall be calculated by Equation 2 below:

Equation 2:

Mv = 1.0 x [SWQDv - Rv]
Where:

Mv = mitigation volume.

SWQDv = runoff from the 0.75-inch, twenty-four-hour storm event or the eighty-fifth percentile storm, whichever is greater.

Rv = the volume of stormwater runoff reliably retained on-site.

C. Onsite Flow-based BMPs. If onsite biofiltration and off-site alternative compliance measures are not technically feasible, the applicant may request authorization by the City Engineer to allow the use of onsite flow-based BMPs. The applicant shall document why none of the other alternative compliance measures are feasible. Approval will only be granted to areas where other alternative compliance measures are not feasible due to significant technical issues. If approved the Flow-based treatment control BMPs must be sized and designed to do the following:

A. Filter or treat either:

1. The maximum flow rate of runoff produced from a rainfall intensity if 0.2 inch of rainfall per hour, for each hour of a storm event; or

2. The maximum flow rate of runoff produced by the 85th percentile hourly rainfall intensity (for each hour of a storm event), as determined from the local historical rainfall record, multiplied by a factor of two.

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B. Be certified for Enhanced Treatment under the Washington State Department of Ecology’s TAPE Program; or an appropriate future BMP certification developed by the State of California.

D. Off-Site Project-Retrofit Existing Development. Use infiltration, bioretention, rainfall harvest and use and/or biofiltration BMPs to retrofit an existing development, with similar land uses as the new development or land uses associated with comparable or higher stormwater runoff event mean concentrations (EMCs) than the new development. The retrofit plan shall be designed and constructed as described in the Los Angeles County Municipal Regional Storm Water Permit Order No. R4-2021-0105, and any amendments, revisions, or reissuance thereof.

E. Groundwater Replenishment. Regional projects to replenish regional groundwater supplies at an off-site location, provided the groundwater supply has a designed beneficial use, in accordance with – compliance performance standards detailed in the Los Angeles Regional Storm Water Permit Order No. R4 2021- 0105, and any amendments, revisions, or reissuance thereof.

Projects approved for off-site mitigation or ground water replenishment shall also provide treatment of stormwater runoff from the project site. Project applicant shall design and implement post-construction stormwater BMPs and control measures to reduce pollutant loading as necessary to ensure that the controls implemented on the site are designed so that stormwater discharges do not cause or contribute to exceedances of receiving water standards. (Ord. 1231 § 1, 2014)

14.13.080 Hydromodification Management Requirements.

Planning Priority Projects located within natural drainage systems shall implement hydrological control measures to prevent accelerated downstream erosion and protect stream habitat.

A. Natural drainage systems that are subject to the hydromodification assessments and control include all drainages that have not been modified using engineering controls or drainages that are tributary to a natural drainage system. Examples of engineering modifications to drainage include channelization, armoring with concrete, and application of rip-rap.

B. At the City’s discretion the following New Development and Redevelopment projects may be exempted from implementation of hydromodification controls where it has been documented that adverse hydromodification effects to Natural Drainage Systems are unlikely:

1. Projects consisting of replacement, maintenance, or repair of an existing flood control facility, storm drain, or transportation network.

2. Redevelopment Projects in the urban core that do not increase the effective impervious area or decrease the infiltration capacity of previous areas compared to pre-project conditions.

3. Projects that have any increased discharge directly via a storm drain to a sump, lake, into a waterway that has a 100-year peak flow (Q100) of 25,000 cubic feet per second or more, or other receiving water that is not susceptible to hydromodification impacts.

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4. Projects that discharge directly or via a storm drain into concrete or otherwise engineered channels which in turn, discharge into a receiving water that is not susceptible to hydromodification impacts.

5. LID BMPs implemented on single-family homes are sufficient to comply with the hydromodification criteria.

C. Projects disturbing an area less than or equal to 1 acre shall implement the applicable LID performance standards in subchapters 14.13.060 and/or 14.13.070.

D. Projects disturbing an area greater than 1 acre, but less than 50 acres will be presumed to meet pre-development hydrology if one of the following demonstrations are made:

The project is designed to retain on-site the runoff of the 95th percentile 24-hour storm; or

1. The runoff flow rate, volume, velocity, and duration of the post-development condition does not exceed the pre-development condition for the 2-year, 24- hour storm event; or

2. The Erosion Potential (Ep) in the receiving water is approximately 1. Ep shall be determined in accordance with the NPDES permit.

E. Projects disturbing 50 acres or more will be presumed to meet pre-development hydrology based on the successful demonstration of one of the following conditions:

1. The project site infiltrates on-site runoff from a 2-year, 24-hour storm event; or

2. The runoff flow rate, volume, velocity, and duration for the post-development condition does not exceed the pre-development condition for the 2-year, 24- hour storm event. These conditions must be substantiated by hydrologic modeling.

14.13. 090 Plan Review Procedures.

All stormwater plans shall be subject to review and approval by the City Engineer.

A. If the proposed plan is not sufficient as originally submitted, the City Engineer, or designee, will notify the applicant in writing, setting forth the reasons for withholding and will state the changes necessary to obtain approval.

B. If staff determines that all the required information has not been received, the applicant may request that the matter be tabled to allow for the submittal of the required information.

C. If all the required information has been received, staff shall approve, approve with conditions, or recommend denial of the stormwater plan, including waiver submissions.

Recommendations for action on the stormwater plan can be part of the recommendation for action on the site plan or subdivision plat.

D. If the plan is approved, the City will require the following:

1. The applicant shall provide copies of all necessary state, federal, or local permits relating to stormwater management to the City.

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2. A satisfactory maintenance covenant agreement that assures long-term maintenance of all drainage improvements shall be submitted as part of the final plan. The maintenance covenant shall include a listing of the BMPs and their location; an operation and maintenance plan; monitoring plan (where required); and verification of ongoing maintenance provisions for LID BMPs. The property owner shall be required to document proper maintenance and operations and maintain such records for a period of two years. Maintenance agreements and records shall be provided upon request to the City inspector at any time for compliance verification. Failure to do so will result in enforcement actions per the City code. The approved covenant shall be recorded with the Los Angeles County recorder prior to issuance of occupancy.

3. A satisfactory maintenance covenant shall at a minimum include the developer's signed statement accepting responsibility for maintenance until the responsibility is legally transferred, and either:
a. A signed statement from the public entity assuming responsibility for BMP maintenance; or
b. Written conditions in the sales or lease agreement, which require the property owner or tenant to assume responsibility for BMP maintenance and conduct a maintenance inspection at least once a year; or c. Written text in project covenants, conditions, and restrictions (CCRs) for residential properties assigning BMP maintenance responsibilities to the homeowners’ association; or
d. The applicant shall post cash or a letter of credit in an amount not less than one hundred percent of the cost of the stormwater facilities. This deposit shall be held for two years after the date of completion of construction and final inspection of the stormwater facilities, until accepted by the City. The percentage cost for cash or letter of credit may be reduced to ten percent for projects longer than two years.

4. This deposit shall be returned to the applicant (in the case of cash) or allowed to expire (in the case of a letter of credit), as provided above, provided all stormwater facilities are clean, unobstructed, and in good working order, as determined by the City Engineer.

5. Reproducible mylars and electronic files (in AutoCAD format) of the as-built storm drains and stormwater BMPs shall be submitted by the applicant or his/her engineer to the City along with the final plan, or upon completion of system construction. The mylars are to be of quality material and three mils in thickness. Complete development agreements (including deed restrictions) must be submitted for the City’s review and approval prior to recording. (Ord. 1231 § 1, 2014)

14.13.100 Plan Review Fees.

Fees and escrow account payments shall be sufficient to cover administrative and technical review costs anticipated to be incurred by the City of San Dimas including the costs of on-site inspections, as set forth by resolution of the City council. (Ord. 1231 § 1, 2014)

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14.13.110 Maintenance Agreement.

A. Purpose of Maintenance Agreement. The purpose of the maintenance agreement is to provide the means and assurance that maintenance of stormwater BMPs shall be undertaken. As a condition for issuing a certificate of occupancy for a new development or redevelopment project, the applicant, facility operator(s), and/or owner(s), as appropriate, shall construct and/or employ all stormwater control BMPs identified in the approved LID Plan; and submit a signed certification statement that the project site and all BMPs will be employed and maintained in compliance with the City’s LID ordinance and other applicable regulatory requirements until the responsibility for such maintenance is legally transferred to another party.

B. Maintenance Agreement Required. A maintenance agreement shall be submitted to the City for review by the City Engineer and/or designee and, if necessary, City attorney. The designers may select any combination of stormwater BMPs which meet the performance standards provided this selection and identified in the Order and any amendment, revision, or reissuance thereof. A formal maintenance and inspection plan shall be included in the maintenance agreement.

C. Maintenance Agreement Provisions.

1. The maintenance agreement shall include a plan for routine, emergency, and long-term maintenance of all stormwater BMPs, with a detailed annual estimated budget for the initial two years, and a clear statement that only future maintenance activities in accordance with the maintenance agreement plan shall be permitted without the necessity of securing new permits. Written notice of the intent to proceed with maintenance shall be provided by the party responsible for maintenance to the City of San Dimas at least fourteen (14) days in advance of commencing work.

2. The maintenance agreement shall be binding on all subsequent owners of land served by the stormwater BMPs. A copy of the operation and maintenance plan shall be kept on-site for periodic review by the City’s inspectors.

3. If it has been found by the City, following notice and an opportunity to be heard by the property owner, that there has been a material failure or refusal to undertake maintenance as required under this chapter and/or as required in the approved maintenance agreement as required hereunder, the City shall abate such violations, as a public nuisance, pursuant to the procedures set forth in Chapter 8.16 of the San Dimas Municipal Code.

4. A fully executed "maintenance covenant for permanent BMPs requirements" shall be recorded with the Los Angeles County registrar/recorder and submitted to the public works department prior to the certificate of occupancy. Covenant documents shall be required to include an exhibit that details the installed treatment control devices as well as any site design or source control best management practices (BMPs) for post construction. The information to be provided on this exhibit shall include, but not be limited to the following:
a. 8 ½" x 11" exhibits with record property owner information.

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b. Types of BMPs (i.e., site design, source control and/or treatment control) to ensure modifications to the site are not conducted without the property owner being aware of the ramifications to BMP implementation. c. Clear depiction of location of BMPs, especially those located below ground. d. A matrix depicting the types of BMPs, frequency of inspection, type of maintenance required, and if proprietary BMPs, the company information to perform the necessary maintenance.
e. Agreement to retain documentation of proper maintenance for a period of two years.
f. Understanding that documentation of proper maintenance must be presented to the City upon request. (Ord. 1231 § 1, 2014)

5. The owners of the land served by the stormwater BMPs shall certify annually that all BMPs identified in the approved LID Plan have been inspected and maintained in accordance with the approved BMP maintenance plan. This certification shall be submitted to the City Engineer by September 30th annually.

6. The City of San Dimas shall inspect new development/redevelopment projects once every two (2) years after the date of project completion, to assess operational conditions for LID and hydromodification control BMP repair, replacement, and/or re-vegetation.

14.13.120 Enforcement.

Any person violating any provision of this chapter shall be responsible for a municipal civil infraction and subject to the City’s enforcement policy as set forth in the provisions of Title 1 and/or Chapter 8.16 of the San Dimas Municipal Code. (Ord. 1231 § 1, 2014)

14.13.130 Stop Work Order.

Where there is work in progress that causes or constitutes, in whole or in part, a violation of any provision of this chapter, the City is authorized to issue a stop work order to prevent further or continuing violations or adverse effects. All persons to whom the stop work order is directed, or who are involved in any way with the work or matter described in the stop work order shall fully and promptly comply therewith. The City may also undertake or cause to be undertaken, any necessary or advisable protective measures to prevent violations of this chapter or to avoid or reduce the effects of noncompliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work. (Ord. 1231 § 1, 2014)

14.13.140 Failure to comply.

In addition to any other remedies, should any property owner fail to comply with the provisions of this chapter, the City may, after the giving of reasonable notice and opportunity for compliance, have the necessary work done, and the owner shall be obligated to promptly reimburse the City for all costs of such work. (Ord. 1231 § 1, 2014)

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14.13.150 Emergency Measures.

When emergency measures are necessary to moderate a nuisance, to protect public safety, health and welfare, and/or to prevent loss of life, injury or damage to property, the City is authorized to carry out or arrange for all such emergency measures. Property owners shall be responsible for the cost of such measures made necessary as a result of a violation of this chapter, and shall promptly reimburse the City for all such costs. (Ord. 1231 § 1, 2014)

14.13.160 Cost Recovery for Damage to Storm Drain System.

A discharger shall be liable for all costs incurred by the City as the result of causing a discharge that produces a deposit or obstruction, or causes damage to, or impairs a storm drain, or violates any of the provisions of this chapter. Costs include, but are not limited to, those penalties levied by the Environmental Protection Agency or Los Angeles Regional Water Quality Control Board for violation of an NPDES permit, attorney fees, and other costs and expenses. (Ord. 1231 § 1, 2014)
SECTION III. 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.

SECTION IV. CEQA DETERMINATION. The City Council finds that the adoption of this Ordinance amending the Municipal Code is exempt from the requirements of the California Environmental Quality Act ( CEQA) on the basis that ( 1) State CEQA Guidelines sections 15307 and 15308 each categorically exempt the proposed adoption of the Ordinance since it is an action taken to protect natural resources and/or the environment ( specifically, water quality within the watershed under the jurisdiction of the Los Angeles Regional Water Quality Control Board), and environmental considerations have been accounted for' insofar as the entirety of the proposed Ordinance is environmentally beneficial and would have no indirect adverse environmental effects; and ( 2) the proposed Ordinance is not a " project" pursuant to CEQA since it can be seen with certainty that no adverse effect on the physical environment would occur pursuant to the proposed Ordinance since the only effects on the environment would be to improve water quality in stormwater channel discharges, and these effects are beneficial, and not adverse ( see State CEQA Guidelines section 15061( b)( 3)). City staff is directed to file a Notice of Exemption with the County Clerk within five (5) working days of the adoption of this Ordinance.

SECTION V. 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 as may be required by law.

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Ordinance 1306 Page
35Municipal Code Text Amendment Chapters 14.11 and 14.13 (Water and Sewers) March 12, 2024
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 12 day of March, 2024, 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 1306 was introduced at a regular meeting of the City Council of the City of San Dimas on the 27th day of February, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 12th day of March, 2024.
___________________________
Debra Black, City Clerk

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San Dimas City CouncilMarch 12, 2024

San Dimas City Council
March 12, 2024