CITY COUNCIL MEETING AGENDA
TUESDAY JANUARY 14, 2025 7:00 PM
SAN DIMAS COUNCIL CHAMBER
245 EAST BONITA AVENUE
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 Eric Nakano, Councilmember Rachel Bratakos, Councilmember Ryan A. Vienna, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE
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 202501, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Prepaid Warrant Register of December 31, 2024 in the amount of $174,255.87, the Warrant Register of December 23, 2024 in the amount of $1,756,809.25, and the Warrant Register of January 15, 2025 in the amount of $1,205,477.03.
CC2. Approve the City Council Minutes of the December 10, 2024 Study Session, and December 10, 2024 Regular Meeting.
CC3. Deny Claim Richardson v. City of San Dimas CJP 3053001 GRV CC4. Deny Claim Gagner v. City of San Dimas CJP 3053030 CC5. Deny Claim Lui v. City of San Dimas CJP 3053131
CC6ApprovetheTerminationoftheEmergencyConditionthattheCityCouncilDeclaredatits
p,yy,
Approving Certain Demands for the Prepaid Warrant Register of December 31, 2024 in the amount of $174,255.87, the Warrant Register of December 23, 2024 in the amount of $1,756,809.25, and the Warrant Register of January 15, 2025 in the amount of $1,205,477.03.
CC2. Approve the City Council Minutes of the December 10, 2024 Study Session, and December 10, 2024 Regular Meeting.
CC3. Deny Claim Richardson v. City of San Dimas CJP 3053001 GRV CC4. Deny Claim Gagner v. City of San Dimas CJP 3053030 CC5. Deny Claim Lui v. City of San Dimas CJP 3053131
CC6. Approve the Termination of the Emergency Condition that the City Council Declared at its Meeting of September 24, 2024, that Enabled Staff to Make an Emergency Purchase to Replace a 320gallon Water Tank that was at Risk of Failure.
CC7. Adopt Ordinance 1319, Approving Municipal Code Text Amendment 2005, an Amendment of Chapter 18.518 Specific Plan 11 of the San Dimas Municipal Code, to Amend Grading Limits Within Planning Area I and Make Various Cleanup Text Amendments, and Adoption of the Associated Mitigated Negative Declaration
CC8. Approve and Authorize the City Manager to Enter into an Agreement with Troy and Banks to Audit Spectrum Cable and Frontier Communications Payment Distributions to the City in Accordance with the Franchise and Peg Fee Agreements.
END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.
OTHER BUSINESS
OB1. Discussion and Direction Regarding City Council Meetings Calendar RECOMMENDATION: Provide direction to staff.
OB2. Consideration of the Acceptance of a Donation and Approve a Donation Acceptance Policy RECOMMENDATION:
Staff recommends that the City Council provide direction on the following:
1. Acceptance of a donation of $1,000.00 from Only the Bible Ministry of San Dimas and to restrict such purpose for use by the Housing Division to benefit lowmoderate income or residents of the City’s mobile home and senior apartments, and
2. Approve the Donation Acceptance Policy.
PUBLIC HEARING ITEMS
PH1. Introduction of Ordinance 1320, Approving a Municipal Code Text Amendment to Amend Title 18zoning, Chapter 18.20 Residential Zones Generally, Chapter 18.24 SF Singlefamily Residential Zone, Chapter 18.28 SFA Singlefamily Agriculture Zone, and Chapter 18.35 SFDR Singlefamily Downtown Residential Zone of the San Dimas Municipal Code to Clarify the Intent of Certain Sections, Add Language to Sections where Policies Have Been in Place, but Never Codified, and Various Clean Up Items as Required
RECOMMENDATION:
Staff and the Planning Commission recommend that the City Council:
ConductaPublicHearing
.ppoveteoatocceptaceocy.
PUBLIC HEARING ITEMS
PH1. Introduction of Ordinance 1320, Approving a Municipal Code Text Amendment to Amend Title 18zoning, Chapter 18.20 Residential Zones Generally, Chapter 18.24 SF Singlefamily Residential Zone, Chapter 18.28 SFA Singlefamily Agriculture Zone, and Chapter 18.35 SFDR Singlefamily Downtown Residential Zone of the San Dimas Municipal Code to Clarify the Intent of Certain Sections, Add Language to Sections where Policies Have Been in Place, but Never Codified, and Various Clean Up Items as Required
RECOMMENDATION:
Staff and the Planning Commission recommend that the City Council:
Conduct a Public Hearing.
Introduce Ordinance 1320, Approving Municipal Code Text Amendment 2409, a request to amend Title 18Zoning, Chapter 18.20 Residential Zones Generally, Chapter
18.24 SF SingleFamily Residential Zone, Chapter 18.28 SFA SingleFamily Agriculture Zone, and Chapter 18.35 SFDR SingleFamily Downtown Residential Zone of the San Dimas Municipal Code to clarify the intent of certain sections, add language to sections where policies have been in place, but never codified, and various clean up items as required.
PH2. Consideration and Approval of Proposed FY 20252026 CDBG Programs and Funding Budget
RECOMMENDATION:
Staff recommends that the City Council:
Conduct the Public Hearing.
Adopt Resolution 202503, approving the proposed FY 202526 CDBG Programs and allocations as outlined; and
Authorize the City Manager or his designee to execute any and all documents necessary to further the projects herein, including but not limited to amendments and modifications thereto for CDBG projects with the Los Angeles County Development Authority (LACDA).
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
ADJOURNMENT
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if youneedassistancetoparticipateinacitymeeting,pleasecontacttheCityClerk’s
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
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 January 10, 2025, 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.
January 10, 2025
Debra Black
Debra Black, City Clerk Page 4
RESOLUTION 2025-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR DECEMBER 23, DECEMBER 31, 2024, AND JANUARY 15, 2025
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 December 31, 2024 in the amount of $174,255.87, Warrant Register of December 23, 2024 in the amount of $1,753,809.25 and the Warrant Register of January 15, 2025 in the amount of $1,205,477.03.
PASSED, APPROVED AND ADOPTED this 14th, day of January 2025. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2025-01 was approved by vote of the City Council of the City of San Dimas at its regular meeting of January 14th, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Debra Black, City Clerk
CITY COUNCIL MEETING
ACTION MINUTES
DECEMBER 10, 2024, 6:00 PM
STUDY SESSION
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Eric Nakano, Councilmember Rachel Bratakos, Councilmember Eric Weber
Councilmember Ryan A. Vienna arrived 6:08 PM
Staff: City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administration Michael O’Brien, Director of Community Development Luis Torrico, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black Call to Order: 6:02 PM
STUDY SESSION ITEMS COMMENTS/RECOMMENDATIONS
1. Discussion of Field Allocation Policy –
Outreach to Users, Prioritization of User
Groups, Impacts of Excessive Changes
The key direction given for the field
allocation policy was:
1. Keep AYSO in the group 4 category (nonresident, non-profit youth focused) rather than moving them to a higher priority group
2. Consider banding or tiering the residency
percentage requirements, rather than a strict
51% threshold.
3. Closely monitor field utilization and be
willing to adjust the allocation process if
needed.
4. Communicate transparently with user
groups about the rationale behind the
residency-based prioritization.
Overall, the direction was to maintain the
core prioritization structure based on
residency, while exploring ways to add
flexibility and ensure equitable access and
utilization of the limited field resources.
Approve the City Council Minutes of the December 10, 2024 Study Session, and December 10, 2024 Regular Meeting. Page 2
For the Meeting of January 14, 2025
2. Discussion of City-Wide Special Events
(Music in the Park, City Birthday, Runnin'
Scared 5k, and Holiday Extravaganza),
including the Date, Content, and Location
of Events as well as Discussion to
Combine Events.
The key direction given for the city-wide
special events was:
1. Allow the 2026 committee to combine the
city's birthday event with an Independence
Day celebration in 2026.
2. Work with the 2026 committee to finalize
the event details and budget.
3. Provide a breakdown of the hard costs
associated with hosting city events.
4. Re-agendize the discussion of combining
or rearranging regular city events.
The council agreed to bring back a
discussion on potentially combining or
rearranging regular city events, such as
Music in the Park and the City Birthday, to
reduce planning and resource strain.
Overall, the direction was to work
collaboratively with the 2026 committee to
plan a special one-time combined event for
2026, while also considering opportunities to
streamline the city's regular event calendar
going forward.
The meeting was adjourned at 11:15 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
CITY COUNCIL MEETING
ACTION MINUTES
DECEMBER 10, 2024, 7:00 PM
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Eric Nakano, Councilmember Rachel Bratakos, Councilmember Ryan A. Vienna, Councilmember Eric Weber Staff: City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administration Michael O’Brien, Director of Community Development Luis Torrico, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black
CONSENT ITEMS COMMENTS/RECOMMENDATIONS
1. Adopt Resolution 2024-85, A Resolution
of the City Council of the City of San
Dimas, Approving Certain Demands for
the Prepaid Warrant Register of
November 30, 2024, in the amount of
$103,721.63 and the Warrant Register of
December 16, 2024, in the amount of
$596,104.36
2. Approve the City Council Minutes of the
November 12, 2024, Study Session,
November 12, 2024, Regular Meeting,
and November 26, 2024, Regular
Meeting.
3. Receive and File the City's Annual
Independent Audited Financial
Statements.
4. Appropriate $7,842.59 and Award
Construction Contact 2024-14 Civic
Center Downtown Street Light Project to
Estate Design and Construction Inc.,
Approve the Plans and Specifications,
and Approve Overall Project Budget of
$1,033,600.00, Including Construction
and Engineering Services, Contingency
and Holiday Decorations.
5. Adopt Ordinance 1318, Amending
Chapter 3.30 of the San Dimas Municipal
Code to Incorporate Changes to Bidding
Threshold Limits as Established by the
Uniform Cost Accounting Act and Adding
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Bratakos to
approve items 1-2 and 4-7. Motion carried 5-
0. Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
Councilmember Vienna requested additional
discussion on item 3. It was the consensus
of the Council that two separate informative
discussions occur prior to placing on future
agendas for approval.
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Weber to
receive and file Item 3. Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
Approve the City Council Minutes of the December 10, 2024 Regular Meeting. Page 2 For the Meeting of January 14, 2025
a Section to Make Use of Piggyback
Agreements.
6. Receive and file the November 2024
Investment Report
7. SUCCESSOR AGENCY – Adopt
Resolution 2024-86, Approving the 2025-
26 Recognized Obligation Payment
Schedule (ROPS), Resolution 2024-87,
Approving the Administrative Budget
and Resolution 2024-88, to Recognize the
Outstanding Loans from the General
Fund to the Former Redevelopment
Agency as Legitimate Loans to be Paid
Back to the General Fund.
OTHER BUSINESS ITEMS COMMENTS/RECOMMENDATIONS
1. Discussion on Cost to Convert a Tennis
Court to Pickleball Courts
Consensus was to continue this item after
Staff discussion with San Dimas High School
regarding their interest in courts at the high
school, and site location.
2. Discussion of New Objective Design
Standards for Multi-family and Mixed-use
Developments for SB 330 and SB 35
Eligible Projects
Receive and file.
PUBLIC HEARING ITEMS COMMENTS/RECOMMENDATIONS
1. Consideration of Vesting Tentative Tract
Map 24-01 (VTTM 84436 to Subdivide
Two Adjoining Parcels into Five Parcels
within the Single-family Agriculture Zone,
which are Addressed as 720 N. Oakway
Avenue (APN: 8392-020-034) and an
Unaddressed Parcel (APN: 8392-015-
041).
Public comment was opened and closed
with no comments made.
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Weber to
approve Resolution 2024-90 and Vesting
Tentative Tract Map. Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
Recess: 8:57 PM
Reconvened: 9:05 PM
2. Discussion and Consideration of
Ordinance 1319 to Approve Municipal
Code Text Amendment 20-05, an
Amendment of Chapter 18.518 Specific
Plan 11 of the San Dimas Municipal
Code, to Amend Grading Limits Within
Planning Area I and Make Various Cleanup Text Amendments, and Adoption of Speaker #1 John Begin spoke in support of
this item.
Speaker #2 spoke in support of this item.
Speaker #3 Spoke in support of this item.
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Weber to
Approve the City Council Minutes of the December 10, 2024 Regular Meeting. Page 3 For the Meeting of January 14, 2025
the Associated Mitigated Negative
Declaration
introduce Ordinance 1319. Motion carried 5-
0. Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
SAN DIMAS HOUSING AUTHORITY COMMENTS/RECOMMENDATIONS
1. Approve the December 12, 2023, Housing
Authority Minutes
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Weber to
approve the December 12, 2023, Housing
Authority Minutes. Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
2. Appointment of Members of the Authority
• Chair
• Executive Director
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Weber to
appoint the Mayor as Chair and the City
Manager as Executive Director. Motion
carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
3. Approve the Administrative Services
Agreement between the City of San
Dimas and the San Dimas Housing
Authority.
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Bratakos to
approve the Administrative Services
Agreement. Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
4. Receive and File the Housing Authority
Annual Audit Report
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Bratakos to
receive and file the Housing Authority
Annual Report. Motion carried 5-0.
Approve the City Council Minutes of the December 10, 2024 Regular Meeting. Page 4 For the Meeting of January 14, 2025
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
SAN DIMAS PUBLIC FACILITIES
FINANCING CORPORATION
COMMENTS/RECOMMENDATIONS
1. Approve the December 12, 2023, San
Dimas Public Facilities Financing
Corporation Minutes
MOTION: Motion by Councilmember Weber
seconded by Councilmember Vienna to
approve the December 12, 2023, San Dimas
Public Facilities Financing Corporation
Minutes. Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
2. Appointment of Members of the
Corporation
• President
• Vice-President
• Secretary/Treasurer
MOTION: Motion by Councilmember Vienna
seconded by Councilmember Weber to
appoint the Mayor as President, Mayor Pro
Tem as Vice President and City Manager as
Secretary/Treasurer. Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
CITY REPORTS COMMENTS/RECOMMENDATIONS
1. City Manager None
2. City Attorney None
3. Members of the City Council
Reports on Meetings Attended AB 1234
(G.C. §53232.3(d))
None
CITY COUNCIL REQUESTS FOR
FUTURE ITEMS
COMMENTS/RECOMMENDATIONS
None
The meeting was adjourned at 9:35 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
PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
December 12, 2024
TO: City of San Dimas
ATTENTION: Brad McKinney
RE: Claim : Richardson vs. San Dimas
Claimant : Misty Richardson
Member : City of San Dimas
Date Rec’d by Mbr : 12/10/24
Date of Event : 6/14/24
CW File Number : CJP-3053001 GRV
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.
Very Truly Yours,
CARL WARREN & CO.
Timothy M. Varon
Timothy M. Varon
Claims Supervisor
12111 / 24, 157 PM IMG_ 9895. Jpg
SAN
DIMAS
CLAIM AGAINST THE CITY OF SAN DIMAS
For damages to Persons or Personal Property)
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1 0 01024 '
C jY OF SAN DIMAS
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IkIIJI
Received by ., via 0 US MAIL 0 Inter -Office Mail C Over the Counter A claim must be filed with the City Clerk of the City of San Dimas within six ( 6) months after which the incident or event occurred. Be sure your claim is against the City of San Dimas, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, the City of San Dimas, 245 E. Bonita Avenue, San Dimas, CA 91773- 3002 TO THE HONORABLE MAYOR St CITY COUNCIL, THE CITY OF SAN DIMAS, CALIFORNIA The undersigned respectfully submits the following claim and information relative to damage to persona and/ or personal property:
1. Name of Claimant Misty Richardson
a. Address of Claimant
b. Telephone Number( c. Date of Birth
Social Security No. Driver' s License
2. Name, telephone and post office address to which claimant desires notices to be sent If other than above: Sarre as above.
3. Occurrence or event from which the claim arises:
a. Date 6/ 14/ 2024 b. Time 3- 6pm a- m,/ p. m.
c. Place ( exact & specific location) 933 West Arrow Hwy. San Dimas CA Side walk near burlington coat factory
How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage Use additional paper if necessary) San Dimas sheriffs responded to a call involving myself as a victim, after The matter was concluded I was leaving. A mafe sheriff forcefully struck me in my lower back and side. I cried out and he laughed remarking thst he hit me because I was "in his way". He verbally abused my children& I as well e. What particular action by the City, or its employees, caused the 41leged damage or injury? San Dimas contracts the San Dimas sheriff department for their operation within the city.
San Dimas employees/ contracts the person who injured me. The person who injured me is contracted/ Employed by San Dimas and was at work acting under its authority at the time their actions injured me. https: llmail. googie. com/ mail/ u101# inbox? projector= l 111
12111/ 24, 3: 57 PM IMG_ 9896. jp9
4. Give a description ofthe injury, property damage or loss, so far as is known at the time ofthis claim, ifthere were no injuries, state " no injuries'°.
I suffered bodily injury including Internai bleedinq, swellinrt. and Immobility.
5. Give the name( s) of the City employee( s) causing the damage or injury:
San Dimas Sheriff male officer, refused to identify
6. Dame and address of any other person injured:
Andrea Barkley, Aniayah Barkley:
7. Name and address of the owner of any damaged property:
B. Damages claims: -
a. Amount claimed as of this date; $ / ® 7 Q 0
b. Estimated amount of future costs:
c. Total amount Claimed:
d, Basis for computation of amounts claimed ( attach copies of all bills, invoices, estimates, etc,)
9. Names and addresses of all witnesses, hospitals, doctors, etc. a, San limas fire station # 64 paramedics
b, Emanate Health F-R staff! doctors
0. Any additional information that might be helpful in considering this cialm:
The attack was captured on sheriff body oamer; s , I filed a police report raparding the bodily injury caused to Me. My injuries are documented on the lobby cameras at the asan Dimas Sheriff department.
WARNING* fT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAifyiE ( Renal Code 72; Insurance Code 556J)
I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. I certify tinder penalty of perjury that the foregoing Is TRUE AND CORRECT.
Signed this 1F day of October 20
signature
https:// mail. google. com/ mail/ u/ O/# Inbox? projector= l 1/ 1
PO Box 2411, Tustin, CA 92781
T: 657-622-4323 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
January 3, 2025
TO: City of San Dimas
ATTENTION:
RE: Claim : Gagner vs. San Dimas
Claimant : Carolyn Gagner & Janet Gagner
Member : City of San Dimas
Date Rec’d by Mbr : December 17, 2024
Date of Event : June 17, 2024
CW File Number : CJP-3053030
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to each claimant.
Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.
Very Truly Yours,
CARL WARREN & CO.
Kissa Thompson
Kissa Thompson
Senior Claims Examiner
PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
December 18, 2024
S& S Injury Law Group, APLC
P.O. Box 262029
Encino, CA 91426
RE: Claimant : Janet Gagner
Date of Loss : 6/17/24
Claim Filing Date : 12/17/24
Our File Number : CJP- 3053030 KTV
Carl Warren & Company is the claims management company for the City of San Dimas. The above-captioned claim has been assigned to Kerrissa “Kissa” Thompson for handling. Ms.
Stroud may be reached at 657- 622- 4323.
When our investigation is complete, we will advise you as to whether or not we can recommend settlement.
Very Truly Yours,
CARL WARREN & CO.
Timothy M. Varon
Timothy M. Varon
Claims Supervisor
cc: Member Agency: City of San Dimas, attn:Brad McKinney
ecember 17, 2024
ecember 17, 2024
PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
1/9/2025
TO: The City of San Dimas
ATTENTION: Debra Black
RECOMMENDATION TO REJECT
RE: Claimant: Jingxin Liu
Our Client: City of San Dimas
Date of Loss: 01-07-2025
Our File Number: CJP-3053131
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
➢ CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please include proof of mailing with your rejection notice to the claimant. Please provide us with a copy of the Notice of Rejection and a copy of the Proof of Mailing. If you have any questions, feel free to contact the assigned adjuster or the undersigned claims specialist.
Very Truly Yours,
Janice Baluyut
Janice Baluyut
Claims Examiner
Carl Warren & Company, LLC | A Venbrook Company
Direct: 657.622.4326
Email: [email protected]
anuary 8, 2025
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of January 14, 2025
From: Brad McKinney, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Approve the Termination of the Emergency Condition that the City Council Declared at its Meeting of September 24, 2024, that Enabled Staff to Make an Emergency Purchase to Replace a 320-gallon Water Tank that was at Risk of Failure.
____________________________________________________________________________
SUMMARY
At its meeting of September 24, 2024, the City Council approved Resolution 2024-67 to declare an emergency for the immediate replacement of a 320-gallon hot water holding tank at the Recreation Center, which is leaking due to corrosion and poses a significant risk of failure. Staff has completed the purchase of the replacement water tank, and it is appropriate for the City Council to terminate the emergency declaration by a majority vote.
RECOMMENDATION
Staff recommends the City Council:
• Adopt Resolution 2025-02 and thereby end the emergency declaration that the City Council approved at its meeting of September 24, 2024, related to the purchase of a replacement water heater for the Recreation Center.
FISCAL IMPACT
There is no fiscal impact for the recommended action.
BACKGROUND
At its meeting of September 24, 2024, the City Council approved Resolution 2024-67 authorizing an emergency exception to the procurement regulations in accordance with California Contract Code Sections 1102, 22035, and 22050, as well as San Dimas Municipal Code Section 3.30.100 to authorize the City Manager or designee to execute agreements for the immediate replacement
Termination of Emergency Condition - Replaced 320-gallon Water Tank Page 2 For the Meeting of January 14, 2025
of the hot water holding tank at the City’s Recreation Center and approved an expenditure not to exceed $100,000.
California Public Contract Code Section 1102 defines an emergency as a ”sudden, unexpected occurrence” requiring immediate action to safeguard life, health, property, or essential public services. This situation qualified as such an emergency. Furthermore, Section 22035 allows for emergency expenditures without compliance with the usual procurement processes pursuant to the procedures set forth in Section 22050. Section 22050 requires that the City Council find that the emergency will not permit a delay for a formal bidding process and adopt a resolution by four fifths vote in order to proceed with repairs and related actions without a competitive bidding process.
DISCUSSION/ANALYSIS
The replacement water tank is a unique design and must be manufactured per specifications.
Staff was able to purchase a replacement water tank for $36,495. This price includes the purchase of the water tank, related materials and labor for installation. The manufacturer advised that there is a lead time of approximately 13 weeks once the tank is ordered. All parts have been ordered, and staff anticipates installing the new water tank in early 2025, when the equipment arrives.
ALTERNATIVES
The City Council could decide not to terminate the emergency declaration it approved on September 24, 2024. However, as the replacement water tank has been purchased, and additional emergency expenditures are not required to complete this repair. It is appropriate to end the emergency declaration.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Scott Wasserman
Director of Parks & Recreation
Attachments:
1. Resolution 2025-02
2. Resolution 2024-67 Emergency Exception to Procurement Regulations and Authorizing Contracting
ATTACHMENT 1
RESOLUTION 2025-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, TERMINATING AN EMERGENCY EXCEPTION TO
PROCUREMENT REGULATIONS RELATED TO A HOT WATER HOLDING TANK
REPLACEMENT AT THE CITY RECREATION CENTER
WHEREAS, the City of San Dimas operates a Recreation Center that is essential to the community in providing a multifunctional, recreational facility; and, WHEREAS, a 320-gallon hot water holding tank at the facility was determined to be leaking due to corrosion, posing a risk of failure and potential damage to surrounding infrastructure; and,
WHEREAS, the tank supplies hot water necessary for the operation of showers and sinks, and its failure would significantly disrupt the facility's operations; and, WHEREAS, on September 24, 2024, the City Council adopted Resolution 2024-67 declaring an emergency exemption to purchasing regulations for the procurement of a new hot water tank pursuant to California Public Contract Code Sections 20168 and 22050; and, WHEREAS, California Public Contract Code Sections 20168 and 22050 requires the City Council to review and either extend or terminate the emergency declaration; and, WHEREAS, the emergency procurement has been completed and there is no longer any pending emergency.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas resolve that:
SECTION 1. The City Council hereby terminates the ongoing emergency exemption to the City’s procurement regulations.
SECTION 2. This Resolution is effective upon its adoption.
SECTION 3. The City Clerk shall attest and certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 14th day of January, 2025. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk
Resolution 2024-02 Page 2
Terminating Emergency Exception to Procurement Regulations January 14, 2025
I, Debra Black, City Clerk, hereby certify that Resolution 2025-02 was adopted by the City Council of San Dimas at its regular meeting of January 14, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Debra Black, City Clerk
ATTACHMENT 2
ATTACHMENT 2
Agenda Item Memorandum
To: Honorable Mayor and Members of City Council
For the Meeting of January 14, 2025
From: Brad McKinney, City Manager
Prepared by: Luis Torrico, Director of Community Development Subject: Adopt Ordinance 1319, Approving Municipal Code Text Amendment 20-05, an Amendment of Chapter 18.518 Specific Plan 11 of the San Dimas Municipal Code, to Amend Grading Limits Within Planning Area I and Make Various Cleanup Text Amendments, and Adoption of the Associated Mitigated Negative Declaration
____________________________________________________________________________ At the regular City Council meeting of December 10, 2024, the City Council voted 5-0 to introduce Ordinance 1319 approving MCTA 20-05.
Staff and the Planning Commission recommend the City Council:
Conduct the second reading; and
Adopt Ordinance 1319, approving Municipal Code Text Amendment 20-05.
Attachment:
1. Ordinance 1319
ATTACHMENT 1
ORDINANCE 1319
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, APPROVING MUNICIPAL CODE TEXT
AMENDMENT 20-05, AN AMENDMENT TO CHAPTER 18.518 – SPECIFIC PLAN 11, OF THE SAN DIMAS MUNICIPAL CODE TO AMEND GRADING
LIMITS WITHIN PLANNING AREA I AND MAKE VARIOUS CLEAN-UP TEXT
AMENDMENTS, WHICH REQUIRES ADOPTION OF AN ASSOCIATED
MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM.
WHEREAS, an Amendment to the San Dimas Municipal Code has been duly initiated by the City of San Dimas; and
WHEREAS, the Amendment is described as an amendment to Chapter 18.518 – Specific Plan 11, in response to an initiation by City Council; and WHEREAS, the Amendment would affect residential areas of the City within Specific Plan 11 - Planning Area: 1; and
WHEREAS, on June 3, 2021, the Planning Commission considered the item and due to concerns about the CEQA categorical exemption, the item was continued to a date uncertain to allow for a thorough review of the environmental determination; and WHEREAS, on October 7, 2021, the item was brought back to the Planning Commission after a draft Mitigated Negative Declaration (MND) was prepared by City Staff, and the Commission voted 3-0-2, with Commissioners Davis and Ross recusing themselves, to recommend approval of the Amendment and the MND to the City Council; and WHEREAS, on October 26, 2021, the item was scheduled to be considered by the City Council; however, the item was pulled after potential issues with the City prepared MND were raised in a letter prepared by the Via Verde Ridge Homeowners Association’s (HOA) legal counsel; and
WHEREAS, on January 11, 2022, the City Council voted 3-2 (Council Members Ebiner and Bertone Davis opposed) to enter into an agreement with UltraSystems, an environmental consultant, to prepare a new MND for the project that would address the issues that were raised by the HOA’s legal counsel; and
WHEREAS, on January 19, 2023, the Planning Commission considered the Amendment and new MND, and voted 3-0-2, with Commissioners Davis and Ross recusing themselves, to adopt Resolution PC-1657 recommending approval of Municipal Code Text Amendment to the City Council, and denied Resolution PC-1658 recommending denial of the MND to the City Council, with a recommendation that City Council direct Staff to seek a peer review of the biological analysis to validate the report and the proposed mitigation measures and if possible, to reduce the onerous mitigation measure requirements on the residents; and WHEREAS, on February 28, 2023, the City Council considered the Amendment and new MND, and voted 5-0 to continue the item to the March 14, 2024, meeting, at which the Council voted 5-0 to continue the item to a date uncertain and directed Staff to seek a peer review of the UltraSystems prepared biological analysis and proposed mitigation measures; and
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WHEREAS, the City hired Psomas, an environmental consultant, to prepare a peer review of the UltraSystems’ MND, and prepared a revised biological analysis and updated the mitigation measures; which required a recirculation of the MND from June 21, 2004, to July 21, 2024; and WHEREAS, on November 21, 2024, the Planning Commission considered the Amendment and voted 4-0-1, with Commissioner Davis recusing himself, to approve Resolution PC-1689 recommending adoption of the Mitigated Negative Declaration, and to approve Resolution PC-1670 recommending approval of Municipal Code Text Amendment 20-05 to the City Council; and
WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on December 10, 2024, at the hour of 7:00 p.m., with all testimony received being made a part of the public record; and
WHEREAS, the application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") and an initial study has been prepared to determine possible environmental impacts. On the basis of the initial study, which indicated that all potential environmental impacts from the Project were less than significant or could be mitigated to a level of insignificance, a Mitigated Negative Declaration was prepared pursuant to CEQA Guidelines. Furthermore, to ensure that the mitigation measures are implemented, a Mitigation Monitoring and Reporting Program has been prepared for the Project pursuant to CEQA Guidelines Section 15097, which specifies responsible departments, monitoring frequency, timing and method of verification and possible sanctions for noncompliance with mitigation measures.
NOW, THEREFORE, in consideration of the evidence received at the hearing, and for the reasons discussed by the Commissioners at the hearing, the Planning Commission now finds as follows:
A. The proposed Municipal Code Text Amendment will not adversely affect adjoining property as to value, precedent or be detrimental to the area.
The proposed Municipal Code Text Amendment will not adversely affect adjoining property as to value, precedent or be detrimental to the area. The proposed amendment allows residents the ability to further develop their property and will allow for the addition of onsite amenities to all properties affected. In addition, a Mitigated Negative Declaration was prepared which includes mitigation measures to address reduce impacts to less than significant.
B. The proposed Municipal Code Text Amendment will further the public health, safety and general welfare.
The proposed amendments will provide current and future property owners within the affected area the opportunity to improve their backyards with additional onsite recreational uses for all residents. An environmental analysis was prepared to ensure impacts were mitigated, and future grading or improvement projects will be reviewed by the City’s Building and Engineering divisions to ensure all work is completed per Code.
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C. The proposed Municipal Code Text Amendment is consistent with the General Plan and applicable zoning.
The General Plan designation for the affected properties is Single Family Very Low.
The code text amendment does not increase the density of the affected properties or allow for uses which are inconsistent with single family zoning. The proposed amendments will allow property owners within the affected area to improve their backyards which is a right that other owners of single of SP-11 enjoy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN DIMAS DOES ORDAIN AS FOLLOWS:
SECTION 1. ADOPTION. Municipal Code Text Amendment 20-05, an amendment of Chapter
18.518 Specific Plan 11 of the San Dimas Municipal Code, to amend the grading limits within Planning Area I and make various clean-up text amendments, is hereby adopted.
SECTION 2. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdication, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
SECTION 3. CEQA DETERMINATION. The City Council hereby finds and determines pursuant to the California Environmental Quality Act (CEQA), that the City’s environmental consultant, UltraSytems prepared a Draft MND for the proposed Amendment and was circulated for a 20-day public/responsible agency review on December 22, 2022 through January 18, 2023 and was also made available for review on the City’s website at www.sandimasca.gov. During both the Planning Commission and City Council public hearings concerns were raised related to the biological analysis and the biological mitigation measures. Therefore, City Staff sought a peer review of the MND. Psomas performed a peer review of the MND and . After reviewing the prepared biologic analysis section of the MND and performing field studies, Psomas rewrote the biologic analysis section of the MND and the mitigation monitoring and reporting program, which warranted the MND to be recirculated on June 21, 2024 through July 21, 2024 and was also made available for review on the City’s website at www.sandimasca.gov. The revised Draft MND determined that all potential environmental impacts from the Amendment were less than significant or could be mitigated to a level of insignificance.
SECTION 4. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within 15 days after passage and adoption as may be required by law in a newspaper of general circulation in the City of San Dimas hereby designated for that purpose; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within 15 days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
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NOW, THEREFORE, BE IT FURTHER RESOLVED, PURSUANT TO THE ABOVE FINDINGS, that the City Council recommends to the City Council approval of Municipal Code Text Amendment 20-05 as set forth in Attached Exhibit A.
PASSED, APPROVED and ADOPTED, the 14th day of January, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Emmet 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 1319 was introduced at a regular meeting of the City Council of the City of San Dimas on the 10th day of December, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 14th day of January, 2025. ___________________________
Debra Black, City Clerk
Ordinance 1319 Page 5
MCTA 20-05
Exhibit A
New Text in Blue Underlined
Deleted Text in Red
Chapter 18.518
SPECIFIC PLAN NO. 11*
Sections:
Article I. General
18.518.010 Purpose and intent.
18.518.020 Authority and scope.
18.518.030 Location.
18.518.040 General notes and conditions.
Article II. Land Use Development Plan
18.518.050 Location.
18.518.060 Maximum allowable units.
18.518.070 Open space.
18.518.080 Primary uses.
18.518.090 Incidental uses.
18.518.100 Accessory uses.
18.518.110 Temporary uses.
18.518.120 Conditional uses.
Article III. Development Standards
18.518.130 Intent.
18.518.140 Density and land use.
18.518.150 Residential hillside development.
18.518.160 Lot sizes, dimensions and unit size.
18.518.170 Grading design.
18.518.180 Open space.
18.518.190 Erosion control.
18.518.200 Slope maintenance.
18.518.210 Building height.
18.518.220 Setbacks.
18.518.230 Parking and driveways.
18.518.240 Street standards and geometrics.
18.518.250 Storm drainage.
18.518.260 Landscaping.
18.518.270 Signs.
18.518.280 Lighting.
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18.518.290 Fencing.
18.518.300 Patio or deck areas.
Article IV. Architectural Guidelines
18.518.310 Purpose.
18.518.320 Building design.
18.518.330 Relation to site.
18.518.340 Landscape design.
18.518.350 Selection of materials.
Article V. Plan Review and Disposition
18.518.360 Review requirements—Development plans.
18.518.370 Precise plan review requirements.
18.518.380 Plan disposition.
* Editor’s Note: Exhibits and appendices relating to Specific Plan No. 11 are located at the end of this chapter.
Article I. General
18.518.010 Purpose and intent.
A. Responsible development of the Via Verde area of the city can be ensured through the adoption of a development control mechanism which reflects thorough and comprehensive land use planning. The most suitable development control mechanism is the specific plan, which when adopted, serves both a planning function and a regulatory function.
B. The purpose of Specific Plan No. 11 is to provide for the classification and development of parcels of land as a coordinated, comprehensive project so as to take advantage of the superior environment which will result from site specific community planning. Specific Plan No. 11 establishes the type, location, intensity and character of development to take place. It functions as a general blueprint of future development, focusing on the physical characteristics of the site and the integration of the same with surrounding urban uses.
C. Development standards are proposed to achieve the following objectives:
1. To minimize the alteration of significant natural landforms, vegetation and landmarks;
2. To provide an enriched residential environment with aesthetic cohesiveness, harmonious massing of structures, and interfacing of open space through the utilization of superior land planning and architectural design;
3. To minimize the impact of new development into the surrounding viewshed, especially as seen from adjacent existing development;
4. To utilize current practices of good design, architecture, landscape architecture, civil engineering, and hillside land planning to preserve, enhance and promote the existing and future appearance and resources of hillside areas;
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MCTA 20-05
5. To provide alternate approaches in hillside areas to conventional flat land development practices;
6. To provide for the planning, design, and development of single-family home sites that provide ample safety with respect to fire hazards, exposure to geological and geotechnic hazards, drainage, erosion, siltation, and materials of construction;
7. To provide a safe means of ingress/egress for vehicular, equestrian and pedestrian traffic to and within hillside areas, with minimum disturbance to the natural terrain. (Ord. 786 § 1, 1983)
18.518.020 Authority and scope.
A. The adoption of Specific Plan No. 11 by the city is authorized by the California Government Code Title 7, Divisional Chapter 3, Articles 8 and 9, Sections 65450 through 65507.
B. Specific Plan No. 11 applies only to that property those properties within the city indicated on Exhibit A attached to and located at the end of this chapter. (Ord. 786 § 1, 1983)
18.518.030 Location.
Specific Plan No. 11 applies to the 262± acre area located west of Via Verde, south of Puente Street and north of Covina Hills Road indicated on Exhibit A attached to and located at the end of this chapter. The legal description for the property is contained in Attachment A, codified as Exhibit A and located at the end of this chapter. (Ord. 786 § 1, 1983)
18.518.040 General notes and conditions.
A. Unless otherwise specified, all development within Specific Plan No. 11 shall comply with the provisions of this code. Terms used in this chapter shall have the same meaning as defined elsewhere in this code unless otherwise defined in this chapter.
B. Any details or issues not specifically covered by this specific plan shall be subject to the regulations of this code.
C. The approval of development within the specific plan area shall be governed by Section 65450 et seq., of the Government Code.
D. All construction within the boundaries of this specific plan area shall comply with all provisions of the Uniform Building Code and the various mechanical, electrical and plumbing codes adopted by the city.
E. Minor modifications to the specific plan which do not give rise to a conflict with the intent of the specific plan as approved, may be approved by the director of community development at his discretion.
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F. A focused environmental impact report which analyzes the “worst case” situation for the accumulative impacts for the physical and economic development, proposed by the specific plan, has been certified by the city council and is referenced by this section.
G. The area of each planning area is calculated in gross acres exclusive of major perimeter roadways.
H. Any land use designation not specifically covered by Specific Plan No. 11 shall not be permitted.
I. If any regulation, condition, program or portion thereof of the specific plan is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and the invalidity of such provision shall not affect the validity of the remaining provisions thereof.
J. The maximum number of allowable dwelling units and their approximate location is established for each residential planning area as specified in the land use development plan, Exhibit A. Such development shall be subject to the development standards stated in this chapter, or in the event of a conflict with any other ordinance of the city, the most restrictive shall apply.
K. The maximum number of buildable lots and residential units are established on the tentative tract map at the time of approval by the planning commission and city council based on the topographic conditions, minimization of grading, street and lot layout, orientation of structures and the need for open space. The approval shall also establish the general grading conditions and approximate lot dimensions. (Ord. 786 § 1, 1983) Article II. Land Use Development Plan
18.518.050 Location.
The general location of all planning areas land uses is shown on Exhibit A. All development within the specific plan area shall conform to Exhibit A and the development standards established in Article III of this chapter. The site is divisible into distinct planning areas as delineated on Exhibit A. (Ord. 786 § 1, 1983)
18.518.060 Maximum allowable units.
The total number of allowable dwelling units is two hundred sixty-two as established for the specific plan area and for each planning unit in the land use development plan, Exhibit A. The density and number of dwelling units for each planning area is as follows:
A. Planning area I permits thirty-six dwellings at 0.33 dwelling units per acre; B. Planning area II permits thirty-four dwelling units at 1.26 dwellings per acre; C. Planning area III permits forty dwellings at 1.04 dwellings per acre; D. Planning area IV permits eighty-eight dwellings at 1.84 dwellings per acre; and
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E. Planning area V permits sixty-four dwellings at 1.57 dwellings per acre.
Conceptual locations for units within the specific plan area are presented in the illustrative site plan, Exhibit B. (Ord. 786 § 1, 1983)
18.518.070 Open space.
Open space areas are contained in all planning areas and are included in the gross acreage figures for each planning area. The total open space area on site, including public, owned in common and large contiguous private open space, is one hundred forty-eight plus/minus acres. (Ord. 786 § 1, 1983)
18.518.080 Primary uses.
Primary uses in Specific Plan No. 11 are as follows:
A. Detached single-family residential;
B. Maid’s quarters (when residence exceeds four thousand five hundred square feet minimum);
C B. Open space;
D C. Public and private trails. (Ord. 1226 § 1, 2014; Ord. 786 § 1, 1983)
18.518.090 Incidental uses.
Incidental uses in Specific Plan No. 11 are as follows:
A. Household pets as described and regulated in Chapter 18.20 Residential Zones Generally;
B. Public utility facilities as approved by the directors of community development and public works;
C. Other uses similar to those stated in subsections A and B of this section which the development plan review board finds consistent with the spirit and intent of this specific plan. (Ord. 1226 § 1, 2014; Ord. 786 § 1, 1983)
18.518.100 Accessory uses.
The following uses are permitted when they are accessory to the primary permitted uses: , and when their location and design has first been recommended and approved by the development plan review board as consistent with the spirit and intent of the specific plan.
A. Detached garages and carports;
B. Accessory Dwelling Unit, subject to the provision of Section 18.38 of this code;
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B. C. Fences and walls subject to the provisions of Section 18.518.2960 ; C. D. Community recreation buildings and recreation facilities; D. E. Guard or security gating structures at community entrance locations; F. Patios, either attached or detached, and gazebos;
G. Patios and decks including cantilever design;
H. Swimming pool and spa;
I. Pool house with no kitchen facility;
J. Tennis Courts
K. Household pets as described and regulated in Chapter 18.20 Residential Zones Generally; L. Public utility facilities as approved by the directors of community development and public works;
E. M. Other accessory uses of a similar nature which the Director of Community Development development plan review board finds consistent with the spirit and intent of this specific plan. (Ord. 1226 § 1, 2014; Ord. 786 § 1, 1983)
18.518.110 Temporary uses.
Temporary uses in Specific Plan No. 11 are as follows:
A. Model homes, real estate offices and parking compounds associated with the sale of residential homes, subject to approval by the development plan review board only; B. Temporary storage compounds for contractor’s trailers and construction equipment during actual construction only;
C. Real estate and model complex signs relating to the sale, lease, or other disposition of the real property on which the sign is located and which are temporary in nature subject to the regulations of Chapter 18.152;
D. Such other uses as are permitted pursuant to Section 18.196.050. (Ord. 786 § 1, 1983)
18.518.120 Conditional uses.
A. Unless otherwise provided in accordance with Section 18.12.050, conditional uses shall include, but not be limited to, landscape components such as cabanas and cantilevered or retaining wall-supported patios, decks, swimming pools, tennis courts and other such structures, as may be determined by the director of community development, which are determined to be similar and not more obnoxious or detrimental than the other uses in this subsection. The determination of the director of community development may be appealed to the development plan review board in accordance with Section 18.12.050.
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B. Unless otherwise provided in accordance with Section 18.12.050, conditional structures must be approved by the development plan review board. When the installation of the conditional structures does not require grading which changes the characteristics of the landform or scenic quality of the surrounding area, the action of the development plan review board shall be final unless appealed in accordance with Section 18.12.070. In all other cases, the development plan review board shall provide a recommendation to the planning commission and approval by the planning commission shall be required. (Ord. 897 § 9, 1989; Ord. 786 § 1, 1983)
Article III. Development Standards
18.518.130 Intent.
This article is intended to provide standards for development of all residential and open space land uses within the specific plan area. (Ord. 786 § 1, 1983)
18.518.140 Density and land use.
A. Detached Single-Family Residential Estates—Planning Area I.
1. The maximum number of detached single-family residential lots permitted is thirty-six, yielding an average gross density of 0.33 units per acre. No detached single-family residential lots established by this specific plan may be further subdivided.
2. Individual Building Site. Each single-family residential structure (dwelling) together with any accessory structures, shall be located on an individual residential building site (lot). There shall be no more than one single-family dwelling per residential lot. No detached guest quarters are permitted.
B. Detached Single-Family Residential (Planning Areas II, III, IV and V). The maximum total number of single-family detached units permitted in these planning areas shall be two hundred twenty-six, yielding an average gross density of 1.46 units per acre. The number of permitted dwellings on planning area by planning area basis are shown on Exhibit A. The maximum number of residential buildable lots shall be indicated on the tentative tract map. (Ord. 786 § 1, 1983)
18.518.150 Residential hillside development.
A. It is the objective of Specific Plan No. 11 to meet the intent and objectives of the city relative to residential hillside development; therefore, all development within the 108.1 acre area of planning area I shall conform to the provisions of Chapter 18.32 except that uses, alternate development standards and densities established in this chapter shall prevail.
B. Additionally, the standards contained in Chapter 18.32 regarding grading, unit size, building height, required parking, open space, and slope maintenance, Sections 18.32.080,
18.32.110, 18.32.120, 18.32.130, 18.32.160 and 18.32.170, shall be met to the extent practical in all other planning areas. (Ord. 786 § 1, 1983)
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18.518.160 Lot sizes, dimensions and unit size.
Lot dimensions for all residential planning areas shall be generally as established and approved on the site plan and tentative tract map. Lot size information shall be provided with the tentative tract map submittal.
A. Planning area I lot sizes and dimensions shall meet or exceed the standards of Chapter
18.32 as follows:
1. Setbacks. Distances of structures to the property line in planning area I may be varied, in accordance with Article V as long as the distance between structures on adjoining parcels is not reduced below twenty-four feet
1. 2. Minimum Lot Size. Lot size may be reduced to no less than fifteen thousand square feet. The exact square footage shall be shown on the final recorded map. and shall be determined in accordance with the following procedure:
a. The developer shall submit a precise plan for development of each lot. The precise plan shall show the most logical location of the custom homes based on the standards as set forth in this section;
b. The precise plan shall be reviewed by the development plan review board and its recommendation shall be made to the planning commission for review and approval; c. After the precise plan is approved by the planning commission, the property line shall be determined, based on the location of the precise fence line and shall be shown and recorded on the final map;
d. The developer, as a condition of approval, shall construct a decorative open or solid masonry fence as approved by the development plan review board along the property line; e. All property outside the property line shall be shown as open space and maintained by the property owner in accordance with the provisions of Section 18.518.200.
3. Lot Width. Lot width may be reduced to no less than one hundred feet at the building location. Average lot width shall be greater than one hundred feet in all cases and general greater than one hundred forty feet.
4. Residential Unit Size. Each residential unit shall have a minimum of two thousand square feet of living area. It is encouraged to build houses which are greater than three thousand square feet.
B. Planning areas II through V lot sizes and dimensions shall meet or exceed the standards of Chapter 18.24 as follows:
1. Setbacks. Minimum setbacks shall be as established in Section 18.518.220;
2. Lot Sizes. Minimum lot sizes shall be no less than eight thousand square feet.
Additionally, the average lot size shall be greater than eleven thousand square feet;
3. Lot Width. Minimum lot width may be reduced to no less than seventy feet at the building location. Average lot width shall be greater than seventy feet in all cases.
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4. Residential Unit Size. Each residential unit shall have a minimum of one thousand six hundred square feet of living area. (Ord. 786 § 1, 1983)
18.518.170 Grading design.
A. The intent and purpose of this section is to ensure that any onsite grading appears natural and blends into and follows the existing contours present on- site to the greatest extent possible.
B. Grading of the site shall conform to the standards set forth in this section. Construction grading permits shall not be issued unless the grading plans have first been reviewed and approved by the director of community development and city engineer.
A C. General. The site is divisible into five (5) distinct areas and appropriate grading standards have been outlined in this section for each area on an individual basis. These areas are delineated on Exhibit A.
B D. Planning Area I—Single-family Detached—Estate Lots.
1. Grading Limits
a. Lots in this area are predominantly located along the major change in topography and are highly visible to the surrounding community. The lots are located in an area of great landform sensitivity. Except as provided in subsections 18.518.170.D.1.b and
18.518.170.D.3.h, gGrading on these lots is restricted to only that earth movement necessary for; roadway
i. vehicular access to the garage/parking area;
ii. and excavation for retaining-type building foundations for the primary residential structure and garage, where there will be no visible signs of grading beyond the structure’s main walls; and
The drainage of runoff will follow its natural course.\ iii. A detached or attached ADU
b. Additional grading. Any grading for any primary or accessory use, other than those allowed in subsection 18.518.170.D.1.a, shall be subject to compliance with the Mitigated Negative Declaration Mitigation Measures as required by Resolution 2024-89. Grading limits for additional grading shall be as follows:.
i. Up to one thousand (1,000) cubic yards of grading, cut and fill combined, is allowed in addition to the grading permitted by subsection (D)(1)(a). ii. Grading for one pool/spa and a five (5) foot wide deck around the perimeter of the pool/spa shall not count towards the one thousand (1,000) cubic yards of grading allowance.
c. Submitted grading plans shall provide the following calculations and delineate the amount of grading as shown.
i. House Pad cut/fill
ii. Vehicular access, garage and parking cut/fill
iii. Pool/Spa cut/fill
iv. Additional Grading cut/fill
d. Grading plans for any new residence and the vehicular access to the garage/parking area will be reviewed and approved by the Development Plan Review Board concurrent with the review of the residence. Grading plans for a pool/spa or any additional grading will be
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reviewed at the staff level, unless submitted concurrently with the grading for a new residence.
e. Grading is prohibited on any slope of more than a 65 percent grade.
2. Grading Design
a. Housing shall be sited to take maximum advantage of any natural flat areas of the site for the location of the dwelling unit and any accessory structures in order to minimize the impact of grading on the natural landforms.
b. Lots in Planning Area I consist of a mixture of graded pad lots and custom sloping lots.
Custom sloping lots may not be later regraded to flat pad configurations unless reviewed and approved by the Development Plan Review Board.
c. Transitions to adjacent planning areas (Planning Areas II and IV) shall be gradual and blended to the greatest extent possible.
d. Prior to the issuance of a grading permit, the developer shall submit a tree removal plan for review and approval if any trees are proposed for removal. The removal of any trees must follow the standards set forth in Chapter 18.162 of this code. e. All grading on site shall work with the contours present on site. Grading which cuts directly across contour lines shall be avoided. See Figure 1 below.
3.Retaining wall design
a)The maximum height for any single
retaining wall is 12’. The total exposed height of all walls shall not exceed 24’. b) If more than one retaining wall will be used, the walls must be separated by one half the height of the taller of the adjacent walls.
c) Gravity type retaining walls shall be used unless on-site conditions prohibit their use. d) Wall material shall be either split or slump stone in an earth tone color; tans/browns. e) Retaining walls shall flow with the natural contours found on site and shall not cut directly across contours.
Figure 1 – Preferred Grading Techniques
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f) If an infinity pool is placed in the yard, the pool wall shall count towards the height of retaining walls.
g) Any required drainage features shall be of concrete in an earth tone color; tans/browns. h) In lieu of a retaining wall(s), a slope of no more than a 2:1 ratio may be utilized. The use of a slope shall provide a 20% bonus to the additional grading limits, not to exceed two hundred (200) cubic yards or the total cubic yardage necessary to create the slope, whichever is less.
4. Landscape design for retaining walls
a) The base of the retaining wall(s) shall be planted with drought tolerant shrubbery and trees with staggered planting at 15-foot intervals. Tree type shall be either Coast Live Oak, Scrub Oak, or Southern California Black Walnut.
b) If more than one wall is used, landscaping must be placed on the terrace between the walls and the base of the lower wall. Landscaping shall be drought tolerant, native and grow tall enough to cover the upper wall.
c) Irrigation shall be required to be installed for all required landscaping at the time of planting. Irrigation shall be permanent in nature and all landscaping shall be maintained by the property owner.
2. Housing shall be sited to take maximum advantage of any natural flat areas of the site for the location of the dwelling unit and any accessory structures in order to insure adherence to the grading standards applied in subdivision 1 of this subsection.
3. Lots in planning area I consist of a mixture of graded pad lots and custom sloping lots.
Custom sloping lots may not be later regraded to flat pad configurations unless reviewed and approved by the development plan review board.
4. Transitions to adjacent (planning areas II and IV) shall be gradual and blended as much as possible.
5. Prior to the issuance of a grading permit, the developer shall submit a tree removal plan for review and approval by the development plan review board. Trees six inches in diameter or larger to be removed shall be identified on the tree removal plan.
C E. Planning Areas II, III, IV and V—Single-family Detached Residential.
1. Grading is permitted under the following guidelines:
a. All graded slopes are to be contoured and blended to harmonize with natural slopes except where the use of contour grading techniques result in significantly greater exposed graded slopes.
b. The extent of visible exposed cut or fill banks shall be limited to twelve feet except where the use of a specific grading technique minimizes the visual impact or aids in visual screening. c. Significant landmark features as determined by the planning division, such as prominent trees and areas of special natural beauty, shall be preserved. d. Maximum vertical height of cuts and fills, exposed or retained by walls, shall not exceed the requirements as listed in subparagraph (b) of this subdivision, except when necessary to
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provide circulation access, or when an alternate is approved by the development plan review board.
e. The maximum steepness of exposed cuts and fills shall not exceed 2:1. f. No grading of finished building pads shall be permitted prior to precise plan approval. g. No curb cuts shall be permitted prior to precise plan approval unless specifically approved by the director of community development or the director of public works. h. Prior to the issuance of a grading permit, the developer shall submit a tree removal plan complying with code section 18.162. if any trees are proposed for removal. for review and approval by the development plan review board indicating trees with trunks six inches in diameter or larger to be removed. (Ord. 786 § 1, 1983)
18.518.180 Open space.
Contained within all planning areas are areas of significant open space totaling approximately 148.0± acres. These areas of the site in which development does not occur will be controlled and protected by the overlay of an open space scenic easement. The intent of this easement is to preserve the open space character of the areas from the introduction of visible man-made structures, preserving and enhancing the natural aesthetics of the area, while also maintaining the health, safety and welfare of the residents and protection of property. Restrictions in the open space easement area, as identified on the tentative tract map are as follows:
A. Grading is not permitted in these areas except for the following uses:
1. Fuel modification and access for fire control and emergency vehicles;
2. Recreational access for riding, hiking or other open space uses;
3. Protection of property from the effects of storm runoff, erosion, unstable soils or geologic conditions;
4. Road access for surrounding circulation;
5. Construction of underground utilities;
6. Service access for utilities and flood control facilities;
7. Landscaping.
B. Where grading is warranted as in subparagraph (a) of this subsection, the following techniques shall be employed:
1. A contour grading technique shall be used where the graded areas are visible from offsite areas of development unless the use of this technique results in significantly greater exposed slopes;
2. Grading shall be kept to a minimum and improvements shall be designed to conform to the terrain wherever possible. Graded slopes shall be concealed where possible and transitions between the graded slopes and natural terrain shall be gradually adjusted and blended.
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C. No structures, appurtenances, or walls may be constructed in this area except for those conditions listed in subparagraphs (a) and (b) of this subsection.
D. Introduced plant material is encouraged to be restricted to native species and/or those plant types presently existing on-site. (Ord. 786 § 1, 1983)
18.518.190 Erosion control.
All manufactured slopes shall be planted or otherwise protected from the effects of storm runoff erosion and shall be benched or terraced as required to provide for adequate stability.
Planting shall be designed to blend the slopes with the surrounding terrain and development.
Irrigation facilities shall be required where necessary to provide for proper maintenance of the planted areas. (Ord. 786 § 1, 1983)
18.518.200 Slope maintenance.
All slopes shall be maintained in accordance with the following provisions:
A. A declaration of covenants, conditions and restrictions shall be prepared by the developer and submitted to the planning director and city attorney for review prior to the issuance of building permits. The covenants, conditions and restrictions shall be signed and acknowledged by all parties having record title interest in the property to be developed, shall make the city a party thereto and shall be enforceable by the city. The covenants, conditions and restrictions shall be approved by the city and recorded by the development prior to occupancy of units or buildings proposed for this project. The covenants, conditions and restrictions shall be subject to the following conditions:
1. The covenants, conditions and restrictions shall be prepared and reviewed at the developer’s sole cost and expense;
2. The covenants, conditions and restrictions shall be in the form and content approved by the director of community development and city attorney, and shall include such provisions as are required by this approval and as the officials deem necessary to protect the interest of the city and its residents;
3. The covenants, conditions and restrictions shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities, including all open space and easement areas as set forth in the tentative tract map;
4. The covenants, conditions and restrictions shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance;
5. The covenants, conditions and restrictions shall provide that if the property is not maintained in the conditions required by the covenants, conditions and restrictions then the city, after making due demand and giving reasonable notice, may enter the property and perform, at the owner’s sole expense, any maintenance required thereon by the covenants, conditions and restrictions or the city’s ordinances. The property shall be subject to a lien in favor of the city to secure any such expense not promptly reimbursed;
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6. In addition, the covenants, conditions and restrictions shall contain the following special conditions:
a. All improvements located within the slope areas, such as landscaping and sprinklers, shall be maintained in a safe condition and a state of good repair, b. Failure to maintain such improvements located on slope areas shall be unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community. (Ord. 786 § 1, 1983)
18.518.210 Building height.
A. In planning area I, the maximum building height shall be as follows:
1. Two stories or thirty-five feet; whichever is less;
2. Building high shall be measured from the average of the lowest point and highest point of contact with the ground to the highest portion of the structure;
3. On sloping terrain, three stories or forty-two feet are permitted on downhill lots as measured in subdivisions (1) and (2) of this subsection; provided they do not exceed two stories above street grade.
B. No building or structure in planning areas II through V shall exceed two stories, as defined by the Uniform Building Code, or thirty-five feet in height, whichever is less. (Ord. 786 § 1, 1983)
18.518.220 Setbacks.
A. Front Yard Setbacks.
1. Planning Area I. Front yard setbacks for all residential land uses shall vary according to topographic conditions and shall be as approved pursuant to the development plan review board disposition procedure described in Article V.
2. Planning Areas II through V. Minimum front yard setback shall be eighteen feet from front property line. The average front yard setback shall be twenty feet. In those areas where physical hardship exists, a lesser minimum setback may be reviewed and approved by the development plan review board.
B. Side Yard Setbacks.
1. Planning Area I. Side yard setbacks for all residential development shall be twelve feet minimum;
2. Planning Areas II and V. The minimum required side yards for detached single-family residential development shall be five and twelve feet, with the twelve foot side yard being provided on the driveway side of the lot. On corner lots, the side yard adjacent to the street shall be a minimum of ten feet.
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C. Setbacks for Accessory Structures
1. Planning Area I. There shall be a ten-foot minimum setback from the side and rear property lines.
2. Planning Areas II through V. There shall be a five-foot minimum setback to the side or rear yard property line if the structure is located entirely behind the main residence. For any accessory structure built in the side yard adjacent to the main residence, the side yard setbacks found in subsection B will apply., (Ord. 786 § 1, 1983)
18.518.230 Parking and driveways.
In addition to the standards established by Chapter 18.156, the following standards will apply:
A. General. Driveways and drives shall be designed to a grade and alignment that will provide the maximum of safety and convenience for vehicular, emergency and pedestrian use and in a manner which will not interfere with drainage or public use of the sidewalks and/or street areas. Driveways shall be located and designed to minimize disturbance to natural terrain.
B. A minimum of two off-street parking spaces within a fully enclosed garage shall be provided for each dwelling unit. In addition, two off-street parking spaces for guests shall be provided for each dwelling unit.
C. Driveways shall have a minimum width of sixteen feet, except turn-in driveways which shall have a minimum width of twelve feet unless modified to preserve natural terrain pursuant to the plan disposition procedure.
D. The occasional use of common driveways serving two or more residences can drastically reduce the potential monotonous repetition of driveways as well as reduce grading and the onsite costs of development. This arrangement shall be encouraged. (Ord. 786 § 1, 1983)
18.518.240 Street standards and geometrics.
Street designs shall be in accordance with the hillside street development standards contained in Sections 18.32.230(B)(8) through 18.32.250. In addition, the minimum horizontal radius for local residential streets shall be one hundred feet. The minimum right-of-way width for local residential streets shall be thirty-five feet, with twenty-eight feet of paving and parking permitted on one side. All street sections shall be shown on the tentative tract map.
Modifications to the standards in this section shall be as approved by the city engineer. (Ord. 786 § 1, 1983)
18.518.250 Storm drainage.
The design of storm drainage facilities shall ensure the acceptance and disposal of storm runoff without damage to streets or to adjacent properties. The use of special structures to accept design storm runoff shall be incorporated into the street design where appropriate. All storm drainage facilities shall be subject to the approval of the city engineer. In addition, the net
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increase of storm runoff into the Covina Hills Road drainage way which drains westward shall be prohibited. (Ord. 786 § 1, 1983)
18.518.260 Landscaping.
A. Design Concept. The general design concept is to maintain the scenic amenity represented by existing natural landforms and vegetation, with introduced plant materials designed to harmonize with the natural character of the site. The major open space areas will be retained in their natural state, and additional landscaping will be incorporated in specific perimeter areas to eliminate negative visual impacts both on and off the site through selective screening. Locations of key entries, visual screening and conceptual design shall be required as part of the conceptual landscape plan.
B. Landscape Plan and Plant Materials List.
1. Prior to the issuance of lot building permits, a conceptual landscape plan for all developer-installed areas shall be submitted to the director of community development for review and approval. The landscape plan shall include design features sensitive to maintaining solar access for each dwelling unit where possible, subject to the approval of the development plan review board.
2. For each phase, a corresponding final landscape plan shall be approved by the director of community development. The landscape plan shall clearly indicate general location, size and species of plant materials.
3. In addition, a suggested plant material list for use by individual homeowners in their selection of plant materials shall be submitted.
C. Fire Prevention. In order to reduce potential fire hazards, existing fire prone plant materials shall be eliminated along main roads. Landscape material used shall be selected for its fire retardant characteristics. All plant material shall meet with the requirements of the Los Angeles County fire department.
D. Installation and Maintenance Responsibility.
1. Installation. All cut and fill slopes in excess of three feet in vertical height shall be planted and irrigated with a temporary or permanent sprinkler system as appropriate to promote growth of plants and ground cover to prevent erosion. In developing a site, the developer shall plant and maintain all slopes until the property is occupied by reason of purchase. The developer shall provide suitable guarantees, satisfactory to the city council for planting and maintenance as required by this chapter.
2. All manufactured slopes shall be planted or otherwise protected from the effects of storm runoff erosion and shall be benched or terraced as required to provide for adequate stability.
Planting shall be designed to blend the slope with the surrounding terrain and development.
Irrigation facilities shall be required where necessary and possible to provide for proper maintenance of the planted areas.
3. Maintenance. To ensure continued maintenance of plant materials, an automatic irrigation system shall be provided by the developer. Sprinkler systems shall be designed to provide
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uniform water coverage. In no event shall the rate of precipitation or duration of sprinkling be permitted to create an oversaturated condition or cause an erosion problem. A functional test of the sprinkler to drip irrigation system shall be performed by the installer in the presence of a building inspector. (Ord. 786 § 1, 1983)
18.518.270 Signs.
Prior to the installation of any sign, a sign program shall be submitted to the development plan review board for review and approval. The sign program shall show signs drawn to scale, dimensioned and easily readable, containing but not limited to, the following:
A. General location and bulk of major community identification or directional signs; B. Location of major community components, such as streets, permanent open space, entry statements and development areas;
C. Model complex signs. (Ord. 786 § 1, 1983)
18.518.280 Lighting.
All public streets shall be provided with a level of street lighting designed to protect the health, safety and welfare of those living within the development. Street lights shall be mounted on ornamental electroliers. Prior to the installation of any lighting or other developer-installed community lighting other than street lighting, a general lighting plan shall be submitted to the development plan review board for review and approval. Further, street lighting engineering data shall be approved by the city engineer. (Ord. 786 § 1, 1983)
18.518.290 Fencing.
The purpose of this plan is to prohibit the arbitrary placement of fences on the visible slopes of the hillside areas.
Planning Area I
All fencing to be installed shall meet the standards set forth in section 18.24.040(G) of this code, except for front yard fences which may be up to six feet in height. No fencing shall be permitted within the open space easement areas within this specific plan, as set forth in Exhibit B.
Planning Areas II, III, IV, V
All fencing to be installed shall meet the standards set forth in section 18.24.040(G) of this code.
Fencing is typically located at the top of slope or the toe of slope of downslope properties. No fencing shall be permitted within the open space easement areas within this specific plan, as set forth in Exhibit C.
A conceptual fencing plan is included as Exhibit C which indicates the general areas where fences are permitted. The purpose of this plan is to prohibit the arbitrary placement of fences on the visible slopes of the hillside areas. Prior to the issuance of grading permits, a community
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fencing plan for each development described in this chapter shall be submitted to the development plan review board for review and approval. The community fencing plan shall clearly indicate the location, height, type of materials and color selections to be utilized for fencing. Areas prohibited from fencing shall be indicated on the community fencing plan.
Homeowner installed fencing shall be reviewed and approved by the director of community development. (Ord. 786 § 1, 1983)
18.518.300 Patio or deck areas.
All development plans shall show a patio or deck area on each hillside lot where appropriate.
Unless required as a condition of approval, a developer shall not be required, pursuant to this section to install a patio or deck area. However, any persons wishing to install a patio or deck area shall do so in accordance with a development plan approved by the director of community development and the development plan review board. The development plan shall provide for the installation of the patio or deck area by one or more of the following methods:
A. Cut/fill;
B. Retaining walls;
C. Cantilevered decks;
D. At-grade construction.
The planning commission shall by resolution adopt standards and findings governing the designation and installation of patio or deck areas. (Ord. 786 § 1, 1983) Article IV. Architectural Guidelines
18.518.310 Purpose.
The purpose of the architectural guidelines is threefold:
A. To provide the city with the necessary assurances at the time of adoption of Specific Plan No. 11 that the community will develop in accordance with the quality and character proposed in this chapter;
B. To provide policy guidance to builders, home residents, engineers, architects, landscape architects, and other design professionals in order to maintain design continuity throughout the development and within the home area;
C. To provide guidance to the development plan review board, planning commission and the city council in the subsequent review of building plans as noted in plan review and disposition procedures. (Ord. 786 § 1 (D), 1983)
18.518.320 Building design.
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Architectural statements should convey a feeling or impression rather than standing out as any particular style. Each residential area should convey its own blend of building forms, textures and site relationships. There is not one particular style but rather an atmosphere which should be the result of building designs, sensitively integrated with the site, the topography and character of the property. Desirable building design goals include, but are not limited to, the following:
A. The creation of a human scale of buildings such that the structures do not appear to be monumental in size or visual scale;
B. The promotion of controlled variety by the use of such techniques as breaking up long wall surfaces and roof lines into staggered masses, employing natural or highly textured materials on buildings or walls and employing balconies to provide useable outdoor space as well as visual relief;
C. Variation in roof forms by the mixing of single with two-story elements, occasional turning on end, the addition of architectural details, or the use of differing heights of roof peaks; D. Avoidance of conflicting or “hodge-podge” effects in style or materials within planting areas. (Ord. 786 § 1 (D), 1983)
18.518.330 Relation to site.
Buildings and other improvements should be appropriate in mass and scale to the site on which they are placed. The site and its relationship to other structures, scenic values, climatic orientation, solar access circulation and topography should be dominant factors in the design or orientation of structures on each site. (Ord. 786 § 1 (D), 1983)
18.518.340 Landscape design.
Landscape design and proper use of plant materials can dominate the total visual image presented by the buildings and building clusters. Landscape materials should include native materials. Landscape design should respect solar access rights and should be utilized for microclimatic control around structures and outdoor use areas. The design of fencing and exterior lighting is an integral part of the landscape design process. (Ord. 786 § 1 (D), 1983)
18.518.350 Selection of materials.
The building and its elements should be unified in architectural style, textures, colors and materials to provide an order and coherence, not only with themselves, but with the surrounding environment or natural setting. Nature provides a strong coherent order without monotony which includes symmetrical, asymmetrical, linear and curvilinear forms, and rough and smooth textures. The design of improvements should complement this natural site order in form, texture and color. (Ord. 786 § 1 (D), 1983)
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Article V. Plan Review and Disposition
18.518.360 Review requirements—Development plans.
A. Before any grading for residential development is undertaken on any lot or parcel within the Specific Plan No. 11 area, unless otherwise provided in accordance with Section 18.12.050, development plans for any planning area shall be submitted for review and approval by the development plan review board and planning commission, pursuant to the provisions of Chapter
18.12. Development plans shall consist of the following:
1. A scaled plot plan or site plan;
2. Conceptual architectural floor plans and elevations where applicable;
3. Rough grading plan;
4. Conceptual landscaping plan.
B. Unless otherwise provided in accordance with Section 18.12.050, development plans shall be subject to final review and approval by the development plan review board and thereafter, the planning commission, unless appealed to the city council in accordance with Chapter 18.12.
C. In addition to the standard development plan findings, the development plan review board, the planning commission and the city council, in approving a development plan for any lot or lots in Specific Plan No. 11, shall make the following findings:
1. The proposed improvements will maintain or enhance the existing character and purpose of Specific Plan No. 11;
2. Structures and appurtenances are sited in a manner that minimizes visual impact and disturbance, to the natural terrain and are in conformance to the intent of Specific Plan No. 11;
3. The architectural character, style and use of materials harmonize with the natural setting, if applicable.
D. Prior to submitting development plans, the applicant shall meet with city planning and engineering staff members to discuss and review the general purpose and objectives of the specific plan in relation to any development concepts proposed by the applicant. (Ord. 897 § 9 (B), (C), 1989; Ord. 786 § 1 (E), 1983)
18.518.370 Precise plan review requirements.
A. The applicant shall submit four sets of scaled plans to the planning department which shall include the following, where applicable:
1. Precise grading plan;
2. Signing plan;
3. Fencing plan;
4. Lighting plan;
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5. Landscaping plan;
6. Architectural floor plans and elevations.
Precise plans shall be reviewed and approved by the development plan review board only.
Appeals are subject to the provisions of Section 18.12.070 (C).
B. The development plan review board shall make the findings in accordance with Section
18.12.060. (Ord. 786 § 1 (E), 1983)
18.518.380 Plan disposition.
A. Required tentative tract map submittals shall be considered by the subdivision committee review board on an advisory basis to the planning commission. The planning commission shall consider the plans and recommend to the city council approval, conditional approval or disapproval based upon the public health, safety and general welfare within thirty days of submission and formal acceptance by the city. Upon receipt of the recommendation from the planning commission, the city council shall approve, conditionally approve or disapprove the tentative tract map.
B. Within thirty days after submission of development plans, the development plan review board shall consider the plans and shall recommend to the planning commission approval, conditional approval or disapproval of the plans with any conditions deemed necessary to protect the public health, safety and general welfare. Appeals shall be subject to the provisions outlined in Section 18.518.360.
C. Within thirty days after submission of precise plans, the development plan review board shall consider the plans and shall approve or disapprove the plans. Appeals shall be in accordance with the provisions of Section 18.12.070 (C).
D. Amendments to Approved Plans. Development plans and precise plans may be amended by the same process provided for approval. Minor modifications, which do not substantially change the concept of an approved development plan or precise plan may be approved by the director of community development and reported to the development plan review board.
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Exhibit A
Delete this Exhibit A
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Exhibit A
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Exhibit B (Reserved).
(Ord. 786 § 1 (E), 1983)
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Exhibit C
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of January 14, 2025
From: Brad McKinney, City Manager
Prepared by: Michael O'Brien, Director of Administrative Services Subject: Authorize the City Manager to Enter into an Agreement with Troy and Banks to Audit Spectrum Cable and Frontier Communications Payment Distributions to the City in Accordance with the Franchise and Peg Fee Agreements. ____________________________________________________________________________
SUMMARY
This staff report seeks City Council authorization for the City Manager to enter into an agreement with Troy and Banks to audit cable franchise company payment distributions to the City. The purpose of the audit is to ensure compliance with franchise agreements and recover potential underpayments, generating additional revenue for the city. Troy and Banks, who have previously provided successful utility audit services, propose to identify underreported revenues and verify fee accuracy. Compensation will be based on 40% of recovered funds, as outlined in the cooperative agreement with TIPS, ensuring no upfront costs or financial risks for the City.
RECOMMENDATION
Staff recommends that the City Council:
• Authorize the City Manager to enter into an agreement with Troy and Banks to audit cable franchise company payments in a form approved by the City Attorney.
FISCAL IMPACT
This audit could generate additional one-time revenue for the City. Expenses associated with this agreement will be covered by the recovered funds, ensuring no net loss to the City.
BACKGROUND
The City previously engaged Troy and Banks to review our utility and telecommunications billings.
This review identified a more cost-effective cellular plan with the same coverage and features,
Authorize the City Manager to Enter into an Agreement with Troy and Banks to Audit Spectrum Cable and Frontier Communications Payment Distributions to the City in Accordance with the Franchise and Peg Fee Agreements Page 2
For the Meeting of January 14, 2025
resulting in annual savings of $2,439.60. A prior utility audit conducted by Utility Cost Management was confirmed as optimal, with no changes recommended by Troy and Banks.
After completing the utility and telecommunications billing review, Troy and Banks proposed auditing the City's cable franchise agreements. This audit aims to identify and recover potential underpayments from cable franchise companies.
The City is committed to ensuring accurate and fair financial practices by auditing payments from various sources. Past audits have targeted utility and telecommunications companies, RV parks and hotels subject to transient occupancy taxes, and businesses required to pay for a license under the municipal code. These efforts have generated approximately $250,000 in additional revenue over the past five years, including $175,000 in recurring annual revenue.
In 2023, the City also completed a Fee Study/Cost Allocation Plan and a performance audit of the Community Services Department, resulting in increased revenue and operational efficiencies.
DISCUSSION/ANALYSIS
Under the proposed agreement, Troy and Banks will receive 40% of any recovered funds as compensation, in accordance with a cooperative agreement through TIPS (The Interlocal Purchasing System), of which the City is a member.
The proposed cable franchise audit will:
1. Verify the accuracy of franchise fee payments based on the City's franchise agreements and ordinances.
2. Review relevant accounting data, classifications, and methodologies.
3. Identify unreported revenues and ensure all active addresses within City boundaries are included in franchise fee calculations.
4. Recalculate franchise fees using approved rates and issue a comprehensive report summarizing findings.
5. Negotiate financial settlements with cable operators if underpayments are identified.
This scope aligns with the agreement between Troy and Banks and TIPS Contract Number 230601, ensuring compliance and accountability in auditing practices. Troy and Banks' expertise in auditing cable franchises increases the likelihood of identifying recoverable funds while minimizing risk to the City.
ALTERNATIVES
The City Council may elect not to proceed with the proposed audit agreement. However, this could result in the City forgoing potential revenue recoveries from cable franchise agreements.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Authorize the City Manager to Enter into an Agreement with Troy and Banks to Audit Spectrum Cable and Frontier Communications Payment Distributions to the City in Accordance with the Franchise and Peg Fee Agreements Page 3
For the Meeting of January 14, 2025
Respectfully submitted,
Michael O'Brien
Director of Administrative Services
Attachments:
1. TIPS Cable Contract
2. Cable Scope of Services
Corporate Offices:
BUFFALO - NEW YORK
2216 Kensington Avenue
Kensington Avenue
at Saratoga
Buffalo, NY 14226
(800) 499-8599
(716) 839-4402
Telefax (716) 839-4452
Branch Offices:
CALIFORNIA
398 E. Carob Ave.
Fresno, CA 93654
Post Office Box 550700
So. Lake Tahoe, CA 96155
FLORIDA
1713 Whitehall Drive
Suite 203
Davie, FL 33324
(954) 477-7073
Post Office Box 14192
Ft. Lauderdale, FL 33302
2330 Warbler Circle
Lakeland, FL 33810
HAWAII
Post Office Box 25
Papaikou, HI 96781
NEW YORK
Rockefeller Center
Post Office Box 3968
New York, NY 10185
(212) 699-0621
Post Office Box 147
Williston Park, NY 11596
(516) 746-0992
31 Hidden Valley Road
Rochester, NY 14624
TEXAS
6418 Eckhert Rd. #3101
San Antonio, TX 78240
VIRGINIA
325 East Bayview Blvd.
Suite #201
Norfolk, VA 23503
(757) 932-1414
e-mail:
[email protected]
internet address:
www.troybanks.com
AGREEMENT
TIPS Contract Number 230601
Consulting and Other Related Services
This Agreement is entered into as of between Troy & Banks ("T&B") and with an address at
(the "TIPS Member").
In consideration of the mutual agreements hereafter set forth, T&B and the TIPS Member agree as follows:
1. The TIPS Member engages T&B to conduct an audit for the purpose of verifying the accuracy of the cable franchise fee payments paid or due to the Member for taxes, or any other monies. T&B agrees to conduct such audit.
2. Audit – T&B shall examine relevant accounting data, examine franchisee/tax accounting data and supporting documentation, identify all revenue sources by classification, and verify calculations.
T&B shall also evaluate allocation methodology with respect to non-subscriber revenue, conduct a search for unreported revenues and examine the cable operators’ database to determine if all active addresses within the Member’s boundaries were included in the franchise fee remittances.
3. Purpose – The purpose of each audit is to recover past taxes or any other monies or revenue owed to the Member that were not properly attributed to the Member or were not properly paid/collected and to determine future taxes and other monies owed to the Member not previously counted.
4. Refunds – Member agrees that T&B will receive as its’ compensation for this service a contingency fee of forty percent (40%) of the underpayments identified and recoverable under its agreement and/or state and federal law.
5. T&B has made and makes no guarantee or assurance that our audit will produce a refund due to franchise fee underpayments.
6. If there is no recoverable underpayment identified for the benefit of the Member, T&B acknowledges that there will be no fee payable.
7. If the TIPS Member pays the T&B invoice in full within 30 days of the date of the invoice, there will be a 1% discount on the amount due to T&B.
8. This Agreement sets forth the entire understanding and agreement between the parties. [TIPS Member Name] Troy & Banks
By: By:
Thomas T. Ranallo, Manager
Name:
Title:
Telephone:
Telefax:
Attachment 1
Cable Television Audit
SCOPE OF SERVICES
1. Identify what specific sources of revenue are subject to franchise fee application by reviewing the Client’s franchise agreements and related ordinances.
2. On-site visits to franchise to obtain and examine relevant accounting data and supporting documentation.
3. Identify all revenue sources by classification, verify calculations and vouch to supporting documentation. Evaluate allocation methodology with respect to non-subscriber revenue and conduct search for unreported revenues.
4. Examine the cable operator’s data base to determine if all active addresses within the Client’s legal boundaries were included in the franchise fee remittances.
5. Recalculate the franchise fee due the Client using the approved effective rates.
6. Issue report summarizing and explaining our findings.
7. Negotiate a financial settlement with cable operator if an underpayment exists.
Attachment 2
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of January 14, 2025
From: Brad McKinney, City Manager
Prepared by: Debra Black, City Clerk
Subject: Discussion of City Council Meetings Calendar
____________________________________________________________________________
SUMMARY
The purpose of this report is to provide an overview of meeting cancellation practices across neighboring cities, highlighting reasons, patterns, and potential benefits. This information is intended to inform and guide Council in evaluating and optimizing an approach to meeting scheduling.
RECOMMENDATION
Provide direction to staff.
FISCAL IMPACT
None for the recommended action.
BACKGROUND
At the November 26, 2024, City Council meeting Councilmember Vienna made a request for an agendized discussion on the 2025 City Council meeting schedule, specifically to look at the 2nd meeting in November. Many municipalities implement regular meeting cancellations to align with periods of reduced legislative activity, such as summer recess and holiday schedules. These cancellations are designed to optimize resource allocation, reduce operational strain on staff, and accommodate public holiday closures. Additionally, the observance of Veterans Day will fall on the 2nd meeting of November this year and will require a schedule adjustment. A review of surrounding cities was conducted to assess common trends and identify best practices.
DISCUSSION/ANALYSIS
All cities align meeting cancellations with significant holidays and vacation periods.
This approach reflects anticipated reductions in legislative needs and public participation.
Review of City Council Meeting Cancellation Practices Page 2 For the Meeting of January 14, 2025
Cancellations reduce staff workload, manage resources more effectively, and limit overtime costs during holidays allowing for operational efficiency. Staff can benefit from additional time for strategic planning and preparation for future meetings. Cancellations during low-attendance periods ensure that Council’s efforts remain focused on maximizing engagement for the public and productivity.
Comparison of Practices
City Reason for Cancellation Dates of
Cancellations
Details and
Justifications
Glendora Summer recess for
July/August
Thanksgiving and holiday
schedule adjustments
2nd meeting in July
1st meeting in August
2nd meetings in
November and
December
Regular cancellations
align with periods of
reduced legislative
activity. Cancellations
allow city staff and
officials time for planning,
review, and community
engagement while
respecting public holiday
schedules.
Covina Holiday schedule
October for National Night
Out
December 23, 2024,
thru January 6, 2025
October meeting
None provided
Claremont Summer recess 1st and 2nd meetings
in August
Christmas Eve thru
New Year’ Day
None provided
La Verne Holiday schedule 1
st meeting in July Lack of business and
inability to effectively
prepare agenda reports.
Montclair December 23, 2024,
thru January 2, 2025
None provided
Monrovia Holiday periods and
scheduling conflicts
December 23, 2024,
thru January 3, 2025
Business needs are
typically less than
normal.
Upland Summer recess
Holiday schedule
2nd meetings in August
and December
If Council desires to consider future cancellations or rescheduling of meetings, it would be beneficial to formalize practices for transparency and ensure alignment with public expectations.
Additionally, if the need arises, Staff can work with Council on scheduling meetings to address operational needs or scheduling conflicts as shown in the example from the City of Monrovia.
ALTERNATIVES
This report is informational, no options are presented.
Review of City Council Meeting Cancellation Practices Page 3 For the Meeting of January 14, 2025
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no environmental review is needed.
Respectfully submitted,
Debra Black
City Clerk
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of January 14, 2025
From: Brad McKinney, City Manager
Prepared by: Debra Black, City Clerk
Subject: Consideration of the Acceptance of a Donation and Approve a Donation Acceptance Policy
____________________________________________________________________________
SUMMARY
A local organization has made a monetary donation to the City. The City does not have a policy in place for accepting donations and is asking for Council direction as to how to proceed. Additionally, Staff has prepared a draft donation policy for Council’s review.
RECOMMENDATION
Staff recommends that the City Council provide direction on the following:
1. Acceptance of a donation of $1,000.00 from Only the Bible Ministry of San Dimas and to restrict such purpose for use by the Housing Division to benefit low-moderate income or residents of the City’s mobile home and senior apartments, and
2. Approve the Donation Acceptance Policy.
FISCAL IMPACT
Fiscal impact would depend on the type of donation accepted and any associated maintenance, storage or reporting requirements.
BACKGROUND
On January 2, 2025, the City received a donation of $1,000.00 by check from Pastor Peter Young S. Son of the Only Bible Ministry in San Dimas. They request that the funds be used to help community members in need. While the donation does not have an explicit restriction, it is recommended that such donation be allocated to the Housing Division for use in their lowmoderate income and mobile home programs. At the January 9, 2024, City Council meeting the Council accepted a donation of $2,000 from the same church and at that time requested Staff bring forward a donation policy for consideration.
Consideration of the Acceptance of a Donation and Review of a Donation Policy Page 2 For the Meeting of January 14, 2025
DISCUSSION/ANALYSIS
Cities receive donations frequently in the form of funds and materials. For example, the City of San Dimas has regularly accepted items, such as artwork that resides in City buildings. Donations to cities are also generally tax deductible, and as such, there is a financial as well as mission benefit for an organization or individual to donate to cities.
The City does not have an explicit budget or operational policy governing citywide donations, acceptance, utilization, and accounting for donations which may be provided to the City. Benefits to formulating a policy are, clear delineation as to how donations are accepted, a standardized process for evaluating and managing donations ensuring there are no undue burdens or obligations for the City. For example, should donations or materials be made which require storage and maintenance, the City may need to analyze its ability to store and maintain such materials. Thus, City Staff recommends the City Council review the attached draft policy and provide further direction.
Focal points of the policy include but are not limited to the following:
1. Designated authority levels and limits set by Council
2. Criteria for acceptance of donations
3. Use of donations
4. Distribution of donations
5. Reporting regulations
6. Record keeping
While the policy is approved by the Council, Staff requests the ability to periodically make administerial updates when necessary to allow for efficient processing of donations.
ALTERNATIVES
The Council could reject the donation and return the donation to the donor.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Debra Black
City Clerk
Attachments:
1. Only the Bible Ministry Donation Letter
2. Donations Acceptance Policy
ONLY THE BIBLE
MINISI'RY
120 W. 4th Street, San Dimas, CA 91773 Tel. 909-971-3688 / [email protected] December 24, 2024
Mayor Emmett Badar
City of San Dimas
245 E. Bonita Ave.
San Dimas, CA 91773
Dear Mayor Emmett Badar,
rp � «r� a w ls
� JAN - 2 2025 ''.'._,
CITY OF SAN DIMAS
ADMINISTRATION
I am Peter Young S. Son, pastor at Only the Bible Ministry on 120 W. 4th Street, San Dimas.
Only the Bible Ministry is a church that actively seeks to preach the Gospel and teach the Word of God to anyone with a desire to know God. As we approach and prepare for the celebration of the coming of Jesus Christ, Only the Bible
Ministry has decided to make a small donation to the needy in San Dimas. It is our prayer that the collective contribution from our church will be used to lift - even if only a little - the burdens of some of our residents in the community.
May the grace of God be with you and your staff who so tirelessly work for this city.
Most sincerely,
. �---;i/P7�?5
Peter Young S. Son
Pastor
Only the Bible Ministry
ATTACHMENT 1
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CITY OF SAN DIMAS
Administrative Policy and Procedure Manual
1.0 BACKGROUND
Donations are an important way to support city programs, services, and facilities while ensuring transparency, accountability, and alignment with the City’s mission and values. (This policy is distinct from the Employee Gifts Policy, which provides City of San Dimas employees with a clear standard about when it is acceptable and prohibited to accept gifts from a member of the public, a business, an organization, or other entity.)
2.0 SCOPE OF POLICY
This policy applies to all donations offered to the City, including monetary contributions, goods, services, and real property. It provides criteria for evaluating, accepting, and acknowledging donations. There are no implied benefits commensurate with the value of the donation.
3.0 POLICY
III. Definitions
Donation: A voluntary gift or contribution provided without expectation of goods, services, or other benefits in return.
1. Monetary Donation: A financial contribution in the form of cash, check, or electronic transfer.
2. In-Kind Donation: Goods, services, or other non-cash items provided to the City.
3. Restricted Donation: A donation designated for a specific purpose, program, or project.
4. Unrestricted Donation: A donation without conditions, which may be used at the City’s discretion.
IV. Policy Statement
1. Authority to Accept Donations:
Subject: Donation Acceptance Policy Number:
Department(s)
Affected City-wide
Effective
Date:
Replaces:
Assigned to: Administration File
Reference:
Authority: City Council
City
Manager:
Approved:
ATTACHMENT 2
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1. The City Manager or their designee has the authority to accept donations valued up to $[insert limit, e.g.,].
2. Donations exceeding $[insert limit] must be approved by the City Council.
3. All donations must comply with applicable laws, regulations, and City policies.
2. Criteria for Acceptance:
1. Donations must align with the City’s mission, values, and strategic goals.
2. Donations must not create a conflict of interest or impose undue financial or operational obligations on the City.
3. The City reserves the right to decline donations that:
a. Conflict with City policies or values.
b. Include conditions or restrictions that are unreasonable or impractical. c. Could result in real or perceived favoritism.
d. Require the City to endorse a political, religious, or commercial message. e. Are not aesthetically acceptable to the City.
4. The net benefit of a donation shall be considered when determining whether to accept a donation. Net benefit is all lifecycle costs of the ownership of the donation, including but not limited to maintenance, repair, clean-up, administrative, and any potential liability or expenses that may be associated with the donation. a. The donation will not add to the City’s workload unless it provides a net benefit to the City.
b. The donation will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation is exhausted.
The donation may not be used to implement new on-going programs or services unless a permanent source of revenue is identified to support the program or service.
c. If the donation requires additional purchases, or labor to be provided by the City, the dollar value of those additional items shall be specified in the request to consider accepting the donation, and it shall provide a net benefit to the City or the dollar value of those additional items in total donation and collected from the donor prior to any work being done or purchases made. d. Potential costs and liabilities should be considered if a donation of personal property or of a service does not include the same indemnification, insurance, bonding, or warranties that the City would normally receive through procurement of personal property or services.
e. Real property may be donated to the City provided that it will not expose the City to an unreasonable risk of litigation or liability, because of the physical condition of the property or existence of claims, liens, and encumbrances against the property.
5. The donation places no restrictions on the City, unless accepted by the City Council as a donation that is designated for an appropriate specific purpose.
3. Restricted Donations:
1. The City will honor the donor’s specified purpose if it aligns with City policies and goals.
2. If the specified purpose is no longer feasible or necessary, the City will work with the donor to redirect the funds or consider alternative uses.
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4. Unrestricted Donations:
1. Unrestricted donations will be used at the City’s discretion to support general operations, programs, or services.
5. Acknowledgment of Donations:
1. The City will provide an official acknowledgment for all accepted donations, including a receipt for tax purposes when applicable.
2. Public recognition of donations will be made at the City Council’s discretion, with respect to the donor’s wishes for anonymity if requested.
6. Use of Donations:
1. Donations will be used solely for the benefit of City programs, services, or facilities and in accordance with the terms of acceptance.
V. Procedures
1. Donation Offer:
1. Donors must complete a Donation Offer Form (attached) detailing the nature, value, and intended purpose of the donation.
2. The form must be submitted to the City Clerk’s Office or other designated department.
2. Review and Approval:
1. Donations will be evaluated by the appropriate department in consultation with the City Manager or their designee.
2. If Council approval is required, staff will prepare a report outlining the donation and its proposed use.
3. Acceptance of Donations:
1. Upon acceptance and receipt of a donation and upon request from the donor, the City will provide the donor a receipt indicating the amount of a cash donation or describing the goods or services received within 30 days of receiving the request. The donation receipt shall also include the date of the donation, the name of the donor, the purpose of the donation (if a designated donation), and note that the donor received no goods or services in exchange.
2. All documentation submitted by the requestor/donor and/or provided to the requestor/donor including but not limited to the requestor/donor names, donation amount, and contact information are public information maintained by the City Clerk Office and Finance Department and are subject to disclosure pursuant to the California Public Records Act.
4. Distribution of Donations:
1. Departments overseeing the activity or project for which donations are made shall be responsible for administering the distribution of all donations (tangible items, designated and undesignated donations) in conjunction with the Finance Department.
5. Documentation and Recordkeeping:
1. All accepted donations will be documented in City records, including the donor’s information, the value of the donation, and its intended use.
6. Disposition of Declined Donations:
1. If a donation is declined, the donor will be notified in writing with a brief explanation of the decision.
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7. Post Donation Acceptance
1. Upon acceptance of a donation by the City, the City will assume ownership, control, and maintenance of any donation unless otherwise specified in a written agreement between the City and the donor. The City shall not be obligated to retain, repair or replace any donated object that is damaged or destroyed for any reason, such as by vandalism, theft, the effects of weather or time, or, in the case of live plants, if they die. The City reserves the right to remove or relocate any donated item that is in acceptable condition to another City facility.
8. Valuation
1. In accordance with the Internal Revenue Code the City does not provide an estimated value of in-kind donations; donors may refer to IRS Publication 561 for more information on valuing donated property.)
9. Reporting Regulations
1. The City shall maintain records for the receipt of all documents and shall comply with all reporting requirements and regulations including, but not limited to, FPPC Regulation 18944.2 Gifts to Agency. For donations made at the behest of a City Council member that person shall determine whether a Form 803 (Behested Payments Report) is required pursuant to the Political Reform Act.
2. Ongoing Annual Donations from 501(c)(3) Organizations dedicated to supporting specific City Departments in Offering Community Services:
• Potential uses for donation funds will be discussed and agreed upon with the respective nonprofit bodies, in accordance with the Council approved Solicitation and Donation Policy.
• Funds donated will be placed into accounts as designated by the Finance Director.
• At the end of each fiscal year, a written listing of items purchased from these accounts, in accordance with the Donation Policy, shall be provided to the City Manager and City Council.
VI. Ethical Considerations
The City will ensure that the acceptance of donations maintains public trust and upholds ethical standards. Staff and elected officials must avoid any real or perceived conflicts of interest when accepting donations.
VII. Amendments to the Policy
This policy may be reviewed and amended by the City Council as necessary to ensure its effectiveness and alignment with the City’s goals.
VIII. Attachments
1. Donation Offer Form
2. Sample Acknowledgment Letter
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City of San Dimas
Donation Offer Form
Donor Information
Name/Organization: ___________________________________________ Contact Person (if applicable): ________________________________ Address: _____________________________________________________ City, State, ZIP: ____________________________________________ Phone: _______________________
Email: ________________________
Type of Donation
( ) Monetary Donation
( ) In-Kind Donation (goods or services)
( ) Real Property Donation
Details of the Donation
Description of Donation (e.g., amount, type of goods or services, property description):
Estimated Value of Donation: $_______________________________ Donation Purpose
( ) Unrestricted: Use at the City’s discretion.
( ) Restricted: Specify purpose, program, or project:
Recognition Preference
( ) I/we request public recognition.
( ) I/we prefer to remain anonymous.
Acknowledgment Preference
( ) Email
( ) Mail
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Donor Declaration
I/we hereby confirm that this donation is offered voluntarily and without any expectation of goods, services, or other benefits in return. I/we understand that the City of San Dimas reserves the right to accept or decline this donation in accordance with its policies.
Signature: __________________________________________
Date: _______________________________________________
For City Use Only
Received by: _______________________________
Title: _____________________________________
Date: _____________________________________
( ) Accepted
( ) Declined
Reason (if declined):
______________________________________________________________________ Approved by: _______________________________
Title: _____________________________________
Date: _____________________________________
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Dear [Donor Name],
On behalf of the City of [City Name], I would like to express our sincere gratitude for your generous donation of [describe donation]. Your contribution will greatly support [specific purpose, if applicable, or “our programs and services for the community”].
Your donation of [specific details] is a testament to your commitment to enhancing the quality of life in our community. With your support, we can continue to achieve [specific goal or objective].
For your records, the estimated value of your donation is $[amount]. Please note that the City does not provide tax advice. We recommend consulting a tax professional to determine the deductibility of your contribution.
Thank you once again for your generosity and support. If you have any questions or require further assistance, please feel free to contact our office at [City Phone Number].
Sincerely,
[City Official’s Name]
[Title]
City of [City Name]
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of January 14, 2025
From: Brad McKinney, City Manager
Prepared by: Anne Moore, Senior Planner
Subject: Discussion and Consideration of a Municipal Code Text Amendment to Amend Title 18-zoning, Chapter 18.20 Residential Zones Generally, Chapter 18.24 S-F Single-family Residential Zone, Chapter 18.28 SF-A Single-family Agriculture Zone, and Chapter 18.35 SF-DR Single-family Downtown Residential Zone of the San Dimas Municipal Code to Clarify the Intent of Certain Sections, Add Language to Sections where Policies Have Been in Place, but Never Codified, and Various Clean Up Items as Required
____________________________________________________________________________
SUMMARY
For the past several years, staff has been auditing the San Dimas Municipal Code (SDMC) to identify ways to make the Code more functional, as well as more user-friendly for residents, contractors, and staff to understand and navigate. To this end, Staff identified several Chapters of the SDMC Title 18-Zoning that should be amended, updated, deleted and/or modified, and presented the Municipal Code Text Amendment (MCTA) to the City Council for initiation on April 27, 2021.
The City Council granted the MCTA initiation, which is broken up into three separate MCTA actions. MCTA Action No. 1 consists of amending Chapter 18.20 Residential Zones Generally, Chapter 18.24 S-F Single-Family Residential Zone, and Chapter 18.35 SF-DR Single-Family Downtown Residential Zone of the San Dimas Municipal Code. MCTA Action No. 2 consists of amending SDMC Section 17.12 Preliminary and Tentative Maps – Filing Procedures, Chapter 18.12 Development Plan Review Board, Chapter 18.196 Temporary Uses, Chapter
18.200 Conditional Use Permits, Chapter 18.204 Variances, Chapter 18.208 Zone Changes and Amendments, and Chapter 18.212 Appeal Procedures. MCTA Action No. 3 consists of amending Chapter 18.08 Definitions and Chapter 18.188 Explosives. In addition, the initiation included the amendment of other applicable chapters as required.
MCTA Action No. 2 and No. 3 will be presented to both the Planning Commission and the City Council at a later date. As part of MCTA 24-09, Staff has included Chapter 18.28 Single-Family Agriculture Zone in order to provide clarification on permitted animals and the requirement for horse stables.
Municipal Code Text Amendment 24-09 Page 2
For the Meeting of January 14, 2025
Municipal Code Text Amendment 24-09 is intended to clarify the intent of the above-mentioned sections, add language to sections where policies have been in place, but never codified, and various clean up items as required.
On November 21, 2024, the Planning Commission considered the proposed ordinance and voted 5-0 to recommend approval of Municipal Code Text Amendment 24-09 to the City Council.
RECOMMENDATION
Staff and the Planning Commission recommend that the City Council:
• Conduct a Public Hearing.
• Introduce Ordinance 1320, Approving Municipal Code Text Amendment 24-09, a request to amend Title 18-Zoning, Chapter 18.20 Residential Zones Generally, Chapter 18.24 SF Single-Family Residential Zone, Chapter 18.28 SF-A Single-Family Agriculture Zone, and Chapter 18.35 SF-DR Single-Family Downtown Residential Zone of the San Dimas Municipal Code to clarify the intent of certain sections, add language to sections where policies have been in place, but never codified, and various clean up items as required.
FISCAL IMPACT
There is no fiscal impact for the recommended action.
BACKGROUND
San Dimas was incorporated as a city on August 4, 1960. Prior to the City’s incorporation, residential development was regulated by the Los Angeles County Zoning Code. On June 22, 1961, the City established its first Zoning Ordinance (Ordinance No. 37), which provided development standards for residentially zoned properties including residential agriculture lots within the City, now identified as Single-Family Agriculture (SF-A). The Single-Family Downtown Residential (SF-DR) Zone was not established until 1993 through Ordinance 1007, which was created as a result of the City pursuing a zone change for the downtown residential area, commonly known as the “Towncore.”
Since the establishment of the City’s zoning code, there have been a number of updates that have been made to Title 18-Zoning, Chapter 18.20 Residential Zones Generally, Chapter 18.24 S-F Single-Family Residential Zone, Chapter 18.28 SF-A Single-Family Agriculture Zone, and Chapter 18.35 SF-DR Single-Family Downtown Residential Zone that were done either due to land use determinations or to provide clarity on specific residential development standards. All of the abovementioned sections of Title-18 Zoning were last amended in 2014 through Ordinance No. 1226 to allow the keeping of certain types of fowl in a limited number as household pets.
Within the past decade, there have been a number of code compliance cases that have risen due to sections of the San Dimas Municipal Code (Code) that may be unclear, unaddressed, or misinterpreted. As a result, various sections of the Code are in need of being cleaned up and updated. In addition, there are numerous City Council adopted policies that have been in place that have not been codified, which staff is including as part of this amendment. By codifying many
Municipal Code Text Amendment 24-09 Page 3
For the Meeting of January 14, 2025
of these policies that affect residentially zoned properties, the Code would be more functional, as well as more user-friendly for residents, contractors, and staff to understand and navigate.
On April 27, 2021, the City Council initiated a Municipal Code Text Amendment, which identified several Chapters of the SDMC Title 18-Zoning that should be amended, updated, deleted and/or modified (See Attachment 3). The MCTA initiation is broken up into three separate MCTA actions.
MCTA Action No. 1 consists of amending Chapter 18.20 Residential Zones Generally, Chapter
18.24 S-F Single-Family Residential Zone, and Chapter 18.35 SF-DR Single-Family Downtown Residential Zone of the San Dimas Municipal Code. MCTA Action No. 2 consists of amending SDMC Section 17.12 Preliminary and Tentative Maps – Filing Procedures, Chapter 18.12 Development Plan Review Board, Chapter 18.196 Temporary Uses, Chapter 18.200 Conditional Use Permits, Chapter 18.204 Variances, Chapter 18.208 Zone Changes and Amendments, and Chapter 18.212 Appeal Procedures. MCTA Action No. 3 consists of amending Chapter
18.08 Definitions and Chapter 18.188 Explosives. In addition, the initiation included the amendment of other applicable chapters as required.
MCTA 24-09 was considered by the Planning Commission at their November 21, 2024, meeting (See Attachment 2). Staff stated to the Commission that the bulk of the changes to the SF, SFDR, SF-A, and Residential Zones Generally sections of the Municipal Code are to codify already existing policies and address clean up items in the Code. Staff also clarified that the short-term rental prohibition, the five-foot rear yard setback and the required distance from horse corrals to school and hospital buildings are new items. During the discussion, the Commission inquired about whether having policies would be easier to change than a Municipal Code. Staff informed the Commission that although it is easier to change a policy, staff has been directed within the past few years to not create policies, but to codify items into the Code as it makes it clear to the public what the regulations are of the City and allows for enforcement of the regulations. After further discussion, the Commission voted 5-0 to recommend approval to the City Council of MCTA 24-09.
DISCUSSION/ANALYSIS
The Residential Zones Generally (Chapter 18.20) section of the Code was created with the intent of providing regulations for certain uses across all residentially zoned properties within the City.
However, the existing Residential Zones Generally section of the Code has historically been used very sparingly due to the limited uses and standards that it refers to. Following a comprehensive review of the development standards within the Code that pertain to residential properties, staff observed that there are numerous sections that are applicable for all residential properties.
Therefore, staff determined that it would be best to separate and consolidate these development standards collectively into Chapter 18.20 Residential Zones Generally. In addition, incorporating a number of City Council adopted policies into this Residential Zones Generally section will assist staff in addressing common code compliance concerns more efficiently and consistently across all residentially zoned properties.
While the goal of this amendment is to codify already existing policies specific to residentially zoned properties and to ensure the Residential Zones Generally section of the Code functions as it is originally intended, staff is also incorporating a number of “clean-up” items. Among these “clean-up” items include the introduction of a rear yard setback in the SF and SF-DR zones, which did not previously exist. The addition of a 10-foot rear yard setback for habitable structures, and five (5) foot for accessory structures within the SF and SF-DR zones not only protects usable open space within the rear yard area, but it also ensures some level of privacy between adjacent properties. In addition, the new five-foot rear yard setback is in line with separation requirements
Municipal Code Text Amendment 24-09 Page 4
For the Meeting of January 14, 2025
for building to property lines required by the Fire Code. There are also properties within the SF and SF-DR zone that have alley access, which is not currently addressed in the Code. Therefore, staff has included added language differentiating “regular lots” and “alley loaded lots” to appropriately apply the new rear yard setback, as alley loaded lots will be subject to three (3) or 20 feet rear yard setback for garages, and five (5) feet for all other structures. MCTA 24-09 also provides clarification on what is included as part of calculating lot coverage for a property. Lastly, this amendment will also incorporate the prohibition of short-term rentals within the City, which will be included within Chapter 18.20 Residential Zones Generally. Short-term rentals are already prohibited for Accessory and Junior Accessory Dwelling Units; therefore, this amendment will align with a current standard in the Code and provide some consistency. It will also address complaints received by Staff related to short-term rentals.
Another “clean-up” item that is being introduced into the SF and SF-DR zone is regarding the location of mechanical equipment, which is commonly brought up by residents. The side yard setback as it currently exists in the SF zone requires a minimum twelve-foot side yard on the side of the lot closest to the driveway while the other side yard shall be a minimum of five feet. The current SF zone also specifies that the twelve-foot side yard shall be maintained exclusive of any structural or other physical encroachments. The intent of the twelve-foot side yard setback is to allow for recreational vehicle storage behind the front main building line; however, not all SF zoned properties can accommodate a recreational vehicle and to some residents, maintaining the twelve-foot side yard exclusive of any structural or other physical encroachments limits the available locations for any proposed mechanical equipment. Therefore, staff has included a provision in the Code that allows for mechanical equipment such as air conditioning units, water softeners, solar panel equipment boxes, pool equipment, and/or generators, to be located within the required twelve-foot side yard (or ten-foot side yard setback for the SF-DR zone) subject to the following: a minimum of five (5) feet is maintained from the side property line, the equipment is screened from public view to the extent physically possible, and located behind the front main building line, or an existing gate and/or wall. It should be noted that although there is added language in the Code to allow for mechanical equipment to be located within the required 12-foot side yard setback, this allowance does not exempt an SF Zoned property or other applicable residentially zoned properties from meeting the parking requirements if the property owner desires to park a recreational vehicle on the property. In other words, if mechanical equipment is located within the 12-foot side yard setback, a resident may not request a deviation from the parking requirements to accommodate their recreational vehicle, as these types of allowed mechanical equipment could be easily relocated to other areas of the property.
In 2014, the City amended Chapter 18.20 Residential Zones Generally to allow the keeping of certain types of fowl in a limited number as household pets, but also added the prohibition of roosters in all zones through Ordinance No. 1226. However, in that same ordinance, language was also added to Chapter 18.28 Single-Family Agriculture (SF-A) stating that chickens are permitted “in addition to those animals permitted under Chapter 18.20 Residential Zones Generally.” Staff, at that time, did not realize the new language in Chapter 18.28 could be interpreted to override the prohibition on roosters in Chapter 18.20. Therefore, as part of MCTA 24-09, staff is including an amendment to Chapter 18.28 to specify that “chickens for eggs (hens only)” and “fowl (not including roosters) for meat purposes” would be permitted in addition to adding the prohibition of roosters and peacocks. Additional clean-up items for the SF-A Zone including clarifying the requirements for the open corral and enclosed box stall for each horse as well as adding a minimum distance from any school building or hospital building.
In addition to the clean-up items listed above, the amendment will also be codifying numerous City Council adopted policies that have been in place that have not been incorporated into the
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Code. Since these policies are not available in the Code, applicants are not aware of these standards which can create confusion when corrections, based on the policies, are provided by Staff. Therefore, this amendment includes, but not limited to curb cuts and driveway access from the street in the Town Core area, fencing and decking encroachment into the slope area, mechanical equipment and screening, exterior fireplaces, fences and walls, flag poles and flags, canopy and other membrane structures, pool, spa and rockscape setbacks, and undergrounding of utilities.
The clean-up items and policies mentioned above are just some of the changes that are included with this amendment. There are several other changes, related to accessory and membrane structures, fences and walls, equipment screening, storage sheds, and utilities which are included in each of the ordinances included as exhibits to Resolution PC-1688 (See Attachment 1). These changes are not intended to change the overall purpose of the single-family standards but meant to update the Code so it is more functional, provides clarification, and will make it more userfriendly for residents, contractors, and Staff to understand and navigate.
ALTERNATIVES
There are currently no alternatives proposed for this request; however, the City Council may recommend changes to the proposed MCTA language.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Anne Moore
Senior Planner
Attachments:
1. Ordinance 1320
2. November 21, 2024, Planning Commission Staff Report, Draft Minutes, & Resolution PC1688
3. April 27, 2021, City Council Staff Report & Action Summary
ATTACHMENT 1
ORDINANCE 1320
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, APPROVING MUNICIPAL CODE TEXT
AMENDMENT 24-09, AN AMENDMENT TO TITLE 18-ZONING, CHAPTER
18.20 RESIDENTIAL ZONES GENERALLY, CHAPTER 18.24 S-F SINGLEFAMILY RESIDENTIAL ZONE, CHAPTER 18.28 SF-A SINGLE-FAMILY AGRICULTURE ZONE, AND CHAPTER 18.35 SF-DR SINGLE-FAMILY
DOWNTOWN RESIDNETIAL ZONE OF THE SAN DIMAS MUNICIPAL CODE
TO CLARIFY THE INTENT OF CERTAIN SECTIONS, ADD LANGUAGE TO
SECTIONS WHERE POLICIES HAVE BEEN IN PLACE, BUT NEVER
CODIFIED, AND VARIOUS CLEAN UP ITEMS AS REQUIRED.
WHEREAS, an Amendment to the San Dimas Municipal Code has been duly initiated by the City of San Dimas; and
WHEREAS, the Amendment is described as an amendment to Title 18-Zoning, Chapter
18.20 – Residential Zones Generally, Chapter 18.24 – S-F Single-Family Residential Zone, Chapter 18.28 – SF-A Single-Family Agriculture Zone, and Chapter 18.35 – SF-DR Single-Family Downtown Residential Zone of the San Dimas Municipal Code to clarify the intent of certain sections, add language to sections where policies have been in place, but never codified, and various clean up items as required; and
WHEREAS, on April 27, 2021, the City Council approved to initiate the Municipal Code Text Amendment; and
WHEREAS, the Amendment would affect all residentially zones parcels of the City as applicable within Chapter 18.20 Residential Zones Generally, Single-Family (SF) Zone, SingleFamily Downtown Residential (SF-DR) Zone, and Single-Family (SF-A) Zone; and WHEREAS, the Planning Commission, at a noticed public hearing on November 21, 2024, heard evidence and voted 5-0 recommending approval to the City Council of Municipal Code Text Amendment 24-09; and
WHEREAS, notice was duly given of the City Council public hearing on the matter and that public hearing was held on January 14, 2025 at the hour of 7:00 p.m., with all testimony received being made part of the public record; and
WHEREAS, all requirements of the California Environmental Quality Act have been met for the consideration of whether the project will have a significant effect on the environment. it has been determined that this action is not a project under CEQA, as there will be no direct physical or reasonably foreseeable indirect physical change to the environment.
NOW, THEREFORE, in consideration of the evidence received at the City Council hearing; and or the reasons discussed by the City Council at the January 14, 2025, hearing, the City Council now finds as follows:
A. The proposed Municipal Code Text amendment will not adversely affect adjoining property as to value, precedent or be detrimental to the area.
Municipal Code Text Amendment 24-09 2
January 14, 2025
The proposed amendment would codify numerous existing City Council adopted policies in addition to standardizing certain uses across all residentially zoned properties within the City. Municipal Code Text Amendment 24-09 would clarify existing regulations with the intent of ensuring compatibility with surrounding uses and mitigate negative impacts to the public health, safety and general welfare associated with residential improvements and/or new residential development. The proposed amendment will also address concerns raised by residents that have been detrimental to the area. The creation of minimum distance requirement of one-hundred feet from any school building or hospital building for horse corrals, box stalls and stables in addition to clarifying the prohibition of roosters and peacocks in the Single-Family Agriculture (SF-A) Zone will assist in mitigating negative impacts. By incorporating additional language for rear and side yard setback requirements in the Single-Family Residential (SF) and Single-Family Downtown Residential (SF-DR) Zone, the proposed amendment will actually assist in protecting property value and resident safety.
B. The proposed Municipal Code Text Amendment will further the public health, safety and general welfare.
The intent of the proposed Municipal Code Text Amendment 24-09 is to provide clarification to already existing development standards within the City’s residentially zoned properties to ensure compatibility with surrounding uses and mitigate negative impacts to the public health, safety and general welfare associated with existing residential improvements and/or new residential development. City Staff has received numerous complaints from residents related to the absence of certain development standards or the ambiguity of certain sections of the Zoning Code. The proposed changes and clean up items to the Title 18-Zoning, Chapter 18.20 Residential Zones Generally, Chapter 18.24 S-F Single-Family Residential Zone, Chapter 18.28 SF-A Single-Family Agriculture Zone, and Chapter 18.35 SF-DR Single-Family Downtown Residential Zone will directly address concerns related to the public health, safety and general welfare.
C. The proposed Municipal Code Text Amendment is consistent with the General Plan and applicable Zoning.
The proposed amendment will amend four existing chapters of the San Dimas Municipal Code to provide clarification to sections that were unclear or unaddressed, add language to sections where policies have been in place, but never codified, and various clean up items. These added standards are to ensure compatibility within surrounding uses and mitigate negative impacts to the public health, safety and general welfare associated with development of residentially zoned properties within the city. The General Plan includes the Land Use Element Goal L-1.2, which states “preserve open space and conserve existing residential neighborhoods” and Goal L9.1, “preserve the visual identity and character of existing neighborhoods.” The addition of a rear yard setback will help to maintain open space area within single-family residential properties and the additional clean up items incorporated within the Residential Zones Generally, SF, SF-DR, and SFA Zones will help protect the character of existing neighborhoods. In addition, codifying already adopted City Council policies will assist with mitigating impacts to residential uses and will be consistent with Policy HE 1.1 of the Housing Element; “Preserve the character, scale, quality, and natural and environmental setting of established residential neighborhoods.” Furthermore, the proposed Municipal Code Text Amendment 24-09
Municipal Code Text Amendment 24-09 3
January 14, 2025
provides clarity on specific residential development standards that were previously unclear, unaddressed, or misinterpreted.
NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, California, does ordain as follows:
SECTION 1. ADOPTION. Municipal Code Text Amendment 24-09 amending Title 18-Zoning, Chapter 18.20 – Residential Zones Generally, Chapter 18.24 – S-F Single-Family Residential Zone, Chapter 18.28 – SF-A Single-Family Agriculture Zone, and Chapter 18.35 – SF-DR SingleFamily Downtown Residential Zone of the San Dimas Municipal Code to clarify the intent of certain sections, add language to sections where policies have been in place, but never codified, and various clean up items as required as set forth in Exhibits A – D, attached hereto and incorporated herein, is hereby adopted.
SECTION 2. 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 3. CEQA DETERMINATION. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 1506 (b)(3) of the CEQA Guidelines.
SECTION 4. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within 15 days after passage and adoption as may be required by law in a newspaper of general circulation in the City of San Dimas hereby designated for that purpose; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within 15 days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 14th day of January, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Emmett G. Badar, Mayor
Municipal Code Text Amendment 24-09 4
January 14, 2025
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 1320 was introduced at a regular meeting of said City Council held on the 14th day of January, 2025, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 28th day of January, 2025.
___________________________
Debra Black, City Clerk
Municipal Code Text Amendment 24-09 5
January 14, 2025
Exhibit A
Municipal Code Text Amendment 24-09
*New text changes are in Blue and Underlined
*Deleted text is in Red and Strikethrough
Chapter 18.20 - RESIDENTIAL ZONES GENERALLY
Sections:
18.20.010 Applicability.
18.20.020 Prohibition.
18.20.030 Recreational vehicle, boat and trailer limitations.
18.20.040 Material storage.
18.20.050 Hogs.
18.20.060 Animals.
18.20.070 Accessory structures.
18.20.080 Canopy, vehicle covers and other membrane structures.
18.20.090 Fences and walls.
18.20.100 Fireplaces.
18.20.110 Flagpoles and flags.
18.20.120 Home care facilities.
18.20.130 Landscaping.
18.20.140 Lighting.
18.20.150 Mechanical equipment and screening
18.20.160 Outdoor storage and storage containers.
18.20.170 Refuse storage.
18.20.180 Slopes
18.20.190 Storage sheds.
18.20.200 Swimming pools, spas, rockscapes, and pool equipment.
18.20.210 Utilities.
18.20.010 Applicability.
As used in this chapter, “residential zones” means zones SF, SFA, SFDR, SFH, AL, MFD, MF, MF-30, and MF-D, and those specific plans or other zones which permit or conditionally permit residential uses, unless otherwise noted in this chapter. (Ord. 1226 § 1, 2014; Ord. 931 § 3, 1990; Ord. 37 § 201, 1961)
Municipal Code Text Amendment 24-09 6
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18.20.020 Prohibition.
A. A person shall not use any premises in any residential zone except as hereinafter specifically permitted by this chapter and subject to all regulations and conditions enumerated in this chapter.
B. Short Term Rentals. For the purposes of this section, the term “short-term rentals” shall mean the rental of any residential dwelling unit for a period of less than thirty (30) days. (Ord. 37 § 202, 1961)
18.20.030 Recreational vehicle, boat and trailer limitations.
The provisions of Section 18.156.100 of this title shall apply for parking or storage of a recreational vehicle, trailer, boat, truck camper, or camper shell. No recreational vehicle, trailer, boat, truck camper, or camper shell in any residential zone, except in an authorized trailer park, shall be used for living purposes, except as provided in the provisions of this title dealing with single-family residential zones. (Ord. 1188 § 1, 2009; Ord. 37 § 203, 1961)
18.20.040 Material storage.
In any building project, during construction and sixty fifteen days thereafter, property in a residential zone may be used for the storage of materials used in the construction of the individual buildings in the project and for the contractor’s temporary office. (Ord. 37 § 204, 1961)
18.20.050 Hogs.
A person shall not keep or maintain any live pig or hog of any age in any residential zone, whether such pig or hog is kept or maintained for the personal use of the occupant or otherwise. (Ord. 37 § 205, 1961)
18.20.060 Animals.
A. Household pets may be kept as an incidental use in residential zones under the following conditions:
1. Such pets shall not be kept in such number or under such conditions that create a neighborhood nuisance from noise, odors, dust or appearance.
2. Not more than three adult dogs or cats or any combination thereof may be kept.
3. Not more than three small animals, such as guinea pigs, rabbits, hamsters, or white mice, or any combination thereof, may be kept.
4. Not more than a total of fifteen song birds typically kept indoors, such as canaries, parakeets, and finches, parrots, or similar birds typically kept indoors as household pets shall of any combination may be kept.
5. Fowl may be kept as household pets only as described under the following circumstances:
Municipal Code Text Amendment 24-09 7
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a. Fowl kept as household pets may only be kept on lots five thousand square feet in area or greater.
i. On lots ranging from five thousand square feet to ten thousand nine hundred ninety-nine square feet in size, chickens (hens only) may be kept at a maximum total of four. ii. On lots ranging from eleven thousand square feet to twenty thousand square feet in size, chickens (hens only), ducks, and geese may be kept at a maximum total combination of four fowl.
iii. On lots twenty thousand and one square feet or larger, chickens (hens only), ducks, and geese may be kept at a maximum total combination of fifteen fowl. b. Fowl kept as household pets may only be kept as an incidental use to a detached, single-family residence in zones which permit single-family residential uses. Fowl are not permitted on multiple-family properties or on attached duplex type developments. c. Fowl kept as household pets may be kept as pets and for egg-laying purposes for the sole use of the residents of the property. On-site slaughter and selling or distributing of eggs is prohibited in conjunction with the keeping of fowl for household pets. d. An appropriate coop enclosure must be provided to house fowl with a minimum of four square feet per fowl. Coops may not exceed six feet in height or one hundred twenty square feet in area and must comply with the setback requirements for accessory structures in the zone they are located in as well as required distance separations as required by the County Health Code and as subsection C, and in no case shall coops be located closer than five feet to a property line or be visible from the public right-of-way. When allowed outside their coops, fowl must be kept within adequate fences no greater than six feet in height so that they do not have access to neighboring property. Fowl must be kept inside their coops between dusk and dawn. e. Clean water must be provided for all fowl, and an appropriately sized water source for bathing must be provided for ducks and geese.
f. Feed for fowl must be stored in rodent proof containers and feeders. g. Fowl must be kept in a sanitary manner and in accordance with all County Health Code requirements.
6. No venomous animals nor any animal that cannot be or is not actually prevented from invading or becoming a nuisance to neighboring premises may be kept.
B. The keeping of roosters and peacocks for any use is prohibited in the city.
C. All animals shall be properly housed at a distance of not less than thirty-five feet from any residence. If allowed outside their houses, animals shall be kept within adequate fences so that they do not have access to neighboring property.
D. Homing pigeons which are not kept or raised for the market or other commercial purposes, may be kept and liberated for exercise or racing within not less than thirty-five feet from any door, window or other opening of any dwelling.
1. Definition. “Homing pigeon” means a pigeon trained to return home from a distance. Such homing pigeons can be identified by a seamless leg band issued by the American
Municipal Code Text Amendment 24-09 8
January 14, 2025
Racing Pigeon Union and marked with the letters AU and the figures designating the year issued and serial number.
2. A permit in writing authorizing the keeping and liberating for exercise and racing of such homing pigeons shall be obtained from the planning department. Each application for a permit to keep and liberate for exercise and racing of homing pigeons shall be made upon forms to be furnished for that purpose by the city signed by the applicant and filed with the city. No such application shall be received for filing unless accompanied by a filing fee of five dollars.
23. A permit to keep hHominghoming pigeons for exercise and racing shall be issued by the city subject to and upon compliance by the applicant subject to comply with the following conditions:
a. All feed for such homing pigeons shall be stored in containers which offer protection against rodents;
b. All food scraps and droppings shall be removed from the premises at least once a week and disposed of in a sanitary manner;
c. The lofts or pigeon houses where such homing pigeons are kept shall be soundly constructed, properly maintained and adequately landscaped to blend with and conform to the surrounding area;
d. The lofts or pigeon houses shall be maintained in a sanitary condition and in compliance with the health regulations of the city and those promulgated by the state racing pigeon organization;
e. The city or its duly authorized representative shall have the right to inspect each loft and pigeon house at such times as it shall deem advisable; f. No more than one hundred twenty-five pigeons, inclusive of nestlings, shall be kept on any one lot or parcel of ground located within the city.
4. Subject to a finding by the director of planning of compliance with all city requirements, each permit issued pursuant to the provisions of this section shall be valid for a period of one year and shall be renewable on the payment to the city of a renewal fee in the sum of five dollars annually.
5. The planning director may revoke any permit granted under this section after a hearing subsequent to ten days’ written notice to the permittee if a material violation of the permit has occurred. Anyone aggrieved by the decision of the planning director may within ten days after receipt of notice of the planning director’s decision appeal the decision in writing to the planning commission. (Ord. 1226 § 1, 2014; Ord. 368 § 1, 1972; Ord. 120 § 2, 1964; Ord. 37 § 206, 1961)
18.20.070 Accessory structures.
Accessory structures, as defined in Chapter 18.08, with the exception of storage sheds pursuant to Section 18.20.190, must be subject to the following standards:
A. Accessory structures must comply with the setback, lot coverage, and all applicable development standards of the underlying zone.
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B. Corner Lot.
1. No detached accessory structure in any residential zone shall be located at a distance less than ten feet from the street side yard property line.
2. No detached garage in any residential zone shall be located at a distance less than twenty feet from the side street property line when the garage door faces the street.
C. No more than one room shall be allowed within an accessory structure, with the exception of a bathroom.
D. Kitchens are prohibited.
E. Accessory structures shall be consistent with the exterior architectural style and exterior appearance of the primary structure.
F. No more than three accessory structures are permitted on any residentially zoned property.
18.20.080 Canopy, vehicle covers and other membrane structures.
For the purposes of this section, the term “canopy” or “vehicle cover” or “membrane structure” shall mean a sheet of flexible material, fabric, or membrane such as nylon, plastic, or other similar material that is supported by or attached to a frame and made of fiberglass, metal, wood, or plastic or any other similar material, and generally used for the shielding or protection of vehicles or other equipment stored outside. For the purposes of this section, the term “temporary” shall mean a maximum duration of six months.
A. Membrane structures may be used to provide temporary shade or shelter for miscellaneous items and as an incidental use in residential zones under the following conditions:
1. Not be allowed in any required setback areas in any zone.
2. Shall be located behind the main building line fronting on the street including corner lots.
2. Not exceed a maximum height of twelve feet in any zone.
3. Comply with all standards of the zone.
18.20.90 Fences and walls.
Fence and wall construction materials shall consist of wood or decorative tubular steel/wrought iron, vinyl, solid decorative masonry (i.e. slump stone, split face, CMU with applied stucco finish, brick or stone veneer) and have a decorative cap. Plain/precision cinder block is not permitted unless the subject property already is developed with the same block on at least fifty percent of its total side and rear property lines.
A. Permitted.
1. Fences, and walls not over forty-two inches in height shall be permitted in any required front yard setback.
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2. Fences, and walls not greater than six feet in height on or within all rear and side property lines, and on or to the rear of all front setback lines. a. For the purposes of this section, when a difference in grade exists between two properties, the wall height is measured from the lowest grade, to the top of the wall. In no case shall the total wall height on the side and rear, exceed six feet. In areas with steeper slopes, a succession of smaller retaining walls must be used over one large retaining wall to prevent the appearance of massive-looking retaining walls.
3. Development of new or existing lot.
New or existing lots being developed/redeveloped with a new residence shall construct a decorative masonry block wall (i.e. slump stone, split face, CMU with applied stucco finish, brick or stone veneer) and have a decorative cap.
a. Walls not over forty-two inches in height shall be permitted in any required front yard setback.
b. Walls not greater than six feet in height on or within all rear and side property lines, and on or to the rear of all front setback lines.
4. Vacant lot.
a. Must be secured by temporary fencing set back from all street adjacent property lines at a minimum of ten feet but not more than twenty feet. The first ten feet area shall be landscaped and irrigated at the discretion of the Director of Community Development. b. May require fencing (decorative tubular steel/wrought iron) to address public safety concerns at the discretion of the Director of Community Development.
5. Corner lot.
a. Fences, walls, and gates within the required street side yard setback are allowed up to six feet in height measured from the street side face of the wall. b. Fences, walls, and gates shall be setback a minimum of 18 inches from the street side property line.
c. The area between the street side property line and the fence or wall shall have an appropriate irrigation system and decorative landscaping (shrubs, ground cover, flowers, plants, etc.).
6. Sloped lot.
a. No solid fencing or walls are permitted within the slope area (at or greater than a 2:1 slope).
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b. Fencing may encroach into the slope area a maximum distance from the top of the finished grade of the house down to a point where a six-foot maximum high fence is flush with the finished grade of the house, or at the property line on the slope.
c. Retaining walls may go the full extent of the lot width. d. A fence or wall greater than 10 feet in height may be allowed due to conditions on the property or physical hazards, such as frequent inundation, erosion, excavation or grade separation when such are determined by the Director of Community Development to be dangerous to health or safety except for properties within SF-H Zone, which may allow for 12 feet in height.
B. Prohibited. The following types of materials are prohibited when used for construction of fences and walls: chain-link, corrugated metal, metal slat, railroad ties, exposed block walls and fences, security fencing (i.e. commercial wire, razor wire, concertina wire, and/or similar products) except fencing associated with construction activity within an active building permit on file and vacant lots.
C. Existing Nonconforming Fences and Walls. For existing walls and fences that do not comply with this section, minor repairs must be reviewed on a case-by-case basis by the Planning Division.
18.20.100 Fireplaces.
Detached exterior fireplaces shall not be greater than eight feet in height, shall not be closer than five feet to all rear and side property lines, and shall not be located within the front yard setback. All building code requirements shall be met.
18.20.110 Flagpoles and flags.
6’-0” MAX.
FINISHED GRADE OF HOUSE
VARIES WITH ANGLE OF
SLOPE
WROUGHT IRON
FENCE
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A maximum of one flagpole shall be allowed per residential lot. The height of the flagpole shall not exceed twenty-five feet, measured from finished grade to top of pole. A maximum of two flags on a flagpole may be displayed at any given time. The maximum size for a flag shall not exceed five feet by eight feet.
18.20.120 Home care facilities.
The provisions of Chapter 18.186 of this title shall apply.
18.20.130 Landscaping and hardscape.
All front yards and street side yards shall be maintained with landscaping. Such landscaping shall be maintained in a neat, clean, and weed free manner. In addition to lawn, trees, shrubs, flowers and similar vegetation, required landscaping may include decorative hardscape, drought tolerant xeriscape, and artificial turf. Front yards and any other areas visible to the public including rear yards on through lots should be maintained on a regular basis in a clean and neat fashion. This includes the parkway area. All new and rehabilitated landscaping including hardscape must comply with the provisions of Chapter 18.14.030.
18.20.140 Lighting.
All lighting shall be directed downward and away from adjoining areas and the public rightof-way.
18.20.150 Mechanical equipment and screening.
A. Portable window air conditioners/heating units shall only be allowed within a window opening and not within a wall plane.
B. Any equipment on the ground visible from the public right-of-way, must be screened. The method of screening must be architecturally compatible to the existing structure it serves in terms of material, color, shape, and size. The screening design must blend with the building design.
Where individual equipment is provided, a continuous screen is desirable. No equipment shall be roof-mounted except for HVAC units, swamp coolers, or other mechanical equipment mounted within a recessed equipment well, that completely screens the equipment.
1. Water heaters located on the exterior of a building must be appropriately screened from view from adjacent properties and the public right-of-way within an enclosure designed as part of the building painted to match the structure, and same material as adjacent wall; exterior metal enclosures are prohibited.
2. Tankless water heaters shall be located behind the front main building line; if visible from the public right-of-way, a cover shall be required to conceal the exposed pipes.
18.20.160 Outdoor storage and storage containers.
A. Outdoor storage of vehicles, equipment, and materials.
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1. Outdoor storage areas shall be screened from public view through the use of building walls, decorative screen walls, view obstructing access gates with decorative screening, or combination thereof.
2. Items stored outside, may be stacked no higher than six feet.
3. No materials stored outside shall be stored on the subject property in such form or manner that may be transferred off the lot by natural causes or forces (i.e. storm water runoff, wind, etc.)
4. No construction materials are permitted without an active building permit.
B. Storage Containers.
1. Storage containers i.e. shipping containers, sea cargo containers, PODS, or other such containers are not permitted in any residential zones, except as follows:
a. A moving POD container may be allowed on an approved driveway or in a side or rear yard on a temporary basis for a period not to exceed thirty days in any twelve-month period; b. In conjunction with work being done under a valid building permit for an approved addition, remodel, or similar project. The storage container shall be removed prior to the building permit being finaled. If the building permit has expired, the storage container shall be removed within 30 days from the date of expiration.
2. No storage container may be placed on the public right-of-way at any time unless the required encroachment permit has been issued by the Public Works Department and a copy of the permit has been attached to the unit. Any such container found on the public right-of-way without having the required encroachment permit may be subject to immediate removal at the owner’s expense.
18.20.170 Refuse storage.
All outdoor trash, garbage, refuse and recyclables storage shall not be visible from public right-of-way and be screened from view with solid material or fencing, and/or landscaping.
Permanent storage space shall be provided on all lots created after 2024 for trash bin and other refuse storage. Such space shall be located behind the front main building line, within the interior side yard, or in the rear yard. Further, such space shall not be less than five feet wide by nine feet long, and will be required to be a paved surface. A minimum of a four feet wide walkway shall be provided from the refuse storage area to the driveway or street/alley.
18.20.180 Sloped lots.
Sloped areas within residential lots shall be maintained on a regular basis in a clean fashion and landscaped and shall not be bare. Any alteration of slopes are not allowed unless approved by the City. If not discussed in a specific plan or tract map, any contradicting language, the specific plan shall supersede. For erosion control purposes and landscaping purposes subject to the underlying zone.
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18.20.190 Storage sheds.
Storage sheds are used to store a wide variety of items, including, but not limited to, tools, gardening supplies, arts and crafts, seasonal clothes, mementos, etc. Storage sheds must be detached from the main residence.
A. No permit is required for a storage shed that complies with all of the following:
1. Has no more than 120 square feet of floor area.
2. Is detached from any structure.
3. Is no more than twelve feet in height.
4. Does not have any utilities.
B. All storage sheds are subject to the following setback requirements:
1. Shall be located behind the front main building line of the house and be a minimum of two feet away from the side and rear property lines; edge of roof shall be a minimum of twelve inches away from property line to allow for onsite drainage.
2. May encroach into the required twelve-foot side yard setback; however, the shed(s) may be relocated to accommodate RV parking.
C. Lot Coverage.
1. The first three storage sheds that are under 120 square feet and that do not require a building permit are not subject to lot coverage requirements.
2. Additional storage sheds shall be counted towards the maximum lot coverage of the underlying zone.
18.20.200 Swimming pools, spas, and rockscapes.
A minimum five-foot setback from side, rear, and street side property lines shall be required for swimming pools, spas, and rockscapes of six feet or less in height. Rockscapes greater than six feet in height shall be allowed at a minimum of ten feet from side and rear property lines. Pool equipment shall be allowed at a minimum of three feet from side or rear property lines.
18.20.210 Utilities.
All new and/or existing utilizes (water, electrical, gas, telecommunication, etc.) shall be installed underground for new development projects. On developed lots any new structures with utilities shall have them placed underground.
A. The maximum height of electric service masts shall not exceed five feet, or the minimum height needed to meet the building code clearance requirements for swimming pools; whichever is less.
Municipal Code Text Amendment 24-09 15
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Exhibit B
Municipal Code Text Amendment 24-09
*New text changes are in Blue and Underlined
*Deleted text is in Red and Strikethrough
Chapter 18.24 - S-F SINGLE-FAMILY RESIDENTIAL ZONE
Sections:
18.24.010 Purpose.
18.24.020 Uses permitted.
18.24.030 Uses permitted by conditional use permit.
18.24.040 Property development standards.
18.24.050 Property development standards involving side yard easements.
18.24.060 Modification of development standards.
18.24.010 Purpose.
The S-F single-family zone is intended to provide for the development of single-family residential homes at urban standards, with not more than one main dwelling unit permitted on any lot or parcel. (Ord. 412 § 2, 1973; Ord. 37 § 223.00, 1961)
18.24.020 Uses permitted.
A. Buildings, structures and land shall be used, and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following uses, plus such other uses as the commission may deem, pursuant to the provisions of Chapter 18.192, to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Section 18.24.040.
B. The following uses are permitted:
1. Primary Uses.
a. One sSinglesingle-family residential units,
b. Manufactured housing on a permanent foundation in areas zoned S-F 7500;
2. Incidental Uses.
a. Home occupations, as described and regulated in Chapter 18.184 Home Based Businesses,
b. Household pets, as described and regulated in Chapter 18.20 Residential Zones Generally,
c. Nonhabitable accessory buildings or structures, including, but not limited to, the following:
i. Private garage or carport,
ii. Garden greenhouse,
iii. Recreation room,
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iv. Pool bathhouse.,
v. Canopy, vehicle covers and other membrane structures, as described and regulated in Chapter 18.20 Residential Zones Generally.
vi. Outdoor storage and storage containers, as described and regulated in Chapter 18.20 Residential Zones Generally.
d. Accessory dwelling unit
e. Junior accessory dwelling unit.
f. Home care facilities, as described and regulated in Chapter 18.186 of this title shall apply.
g. Garage and yard sales, as described and regulated in Chapter 18.196 Temporary Uses. (Ord. 1226 § 1, 2014; Ord. 1062 § 1, 1996; Ord. 969 § 1, 1992; Ord. 747 § 1, 1981; Ord. 659 § 1, 1979; Ord. 565 § 2, 1977; Ord. 412 § 2, 1973; Ord. 37 § 223.02, 1961)
18.24.030 Uses permitted by conditional use permit.
The following uses may be permitted provided a conditional use permit is first obtained:
A. Single-Family Dwellings Which Utilize the Side Yard Easements Treatment per Code Section 18.24.050.
1. The side yard easements treatment refers to the grant of easements over required side yard areas to adjacent lots for open space purposes. It is the purpose of this use permitted by conditional use permit to provide added flexibility to the design of single-family dwellings on flat land. In order to further this purpose, dwellings shall be oriented to take maximum advantage of all private spaces surrounding them. Development plans permitted under this section shall be designed to insure compatibility with contiguous developments, so that wellplanned neighborhoods develop from creative and imaginative site planning.
2. In addition to the conditions required pursuant to Chapter 18.200, the property development standards of Section 18.24.040 shall apply.
B. Educational Institutions, Private and Public.
C. Churches and Religious Institutions.
1. Day care centers, day nurseries and nursery schools as an accessory use only.
D. Golf Courses and Country Clubs and Related Driving Ranges. Driving ranges unrelated to golf courses are not permitted. In approving a golf course, the city shall be granted an easement or other interest to assure the future use of the golf course or country club as such thereby preserving such uses as open spaces. Such easement or other interest may provide for termination at the expiration of the economic life of the project with the consent of the city. (Ord. 1062 § 1, 1996; Ord. 969 § 1, 1992; Ord. 807 § 1, 1984; Ord. 507 § 1, 1975; Ord. 412 § 2, 1973; Ord. 37 § 223.04, 1961)
18.24.030
18.24.040 Property development standards.
The following property development standards shall apply to all lands, buildings or structures in the S-F zone:
A. Lot Sizes. Each lot in the S-F zone shall have a minimum area measured in square feet as established by the zoning symbol, such as:
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S-F 7,500
S-F 10,000
S-F 15,000
S-F 20,000
S-F 40,000
B. Density.
1. Density shall be based upon lot sizes and shall be determined by dividing the net usable area of the parcel to be subdivided or parcelized by the required lot area.
2. “Net usable area” is defined to be that area of a parcel exclusive of streets, alleys, pole portion from a flag lot, drainage courses and public utility easements exceeding ten feet in width.
C. Lot Dimensions. All lots hereafter created shall comply with the following minimum standards:
1. Width. Except as hereafter otherwise set forth, each lot shall have the following minimum width, measured at each and every point between two boundaries at either side of the lot which are perpendicular or approximately perpendicular to a public right-of-way upon which the lot has frontage or to which the lot has access:
Required Area (Square Feet) Minimum Width
Less than 7,499 50 feet
7,500 to 9,999 70 feet
10,000 to 14,999 80 feet
15,000 to 20,00019,999 100 feet
20,0001 to 39,999 150 feet
Greater than 40,000 200 feet
The minimum width for a lot on a curvilinear street may be reduced by up to, but not more than, twenty percent, provided that the average width of such lot shall be equal to or greater than the minimum width otherwise required for that lot. The minimum width of a lot on a cul-de-sac may be reduced to thirty-five feet, provided that such lot expands to at least to the minimum width otherwise required.
The minimum width of a flag lot may be reduced to twenty feet, provided that this minimum width shall pertain solely to that portion of the flag lot (i.e. pole portion) upon which is located the right-of-way connecting the remainder of the flag lot to a public right-of-way, and further provided that the remainder of the flag lot shall meet the minimum width and area
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otherwise required. The pole portion shall be used for access only and shall not be used for the placement of any structures.
Figure 1. Flag Lot
2. Depth. There are no depth provisions.
D. Building Height.
1. No building or structure erected in this zone shall have a height greater than thirty-five feet or two stories, whichever is less, except that a steeple, spire or other similar projection above a building used primarily for religious purposes, may extend the total height of the structure and steeple, spire or other similar projection as high as forty-five feet, provided that the height of the steeple, spire or other similar projection is harmonious in design with the building or structure and with the surrounding neighborhood and a development plan is approved by the development plan review board in accordance with Chapter 18.12 of this title.
2. Where a building or structure is erected on sloping terrain having a twenty-five percent gradient or more, the height of the building or structure shall be measured from the average of the lowest point and the highest point of contact with the ground to the highest portion of the structure from the highest adjoining ground surface level at the base of the building or structure.
E. Yards.
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1. Front. Each lot or parcel of land shall have a front yard of not less than twenty feet in depth.
2. Side. Each lot or parcel of land shall have a minimum twelve-foot side yard on the side of the lot closest to the driveway. The other side yard shall be a minimum of five feet. For side yard facing garage, the Director of Community Development shall determine the placement of the twelve and five-foot setbacks on a case-by-case determination. The twelve-foot side yard shall be maintained exclusive of any structural or other physical encroachments other than eave overhangs or improvements which do not project more than twenty-four inches into the required yard. for the following:
i. Eave overhangs or improvements (i.e. bay windows, fireplaces), which do not project more than twenty-four inches,
ii. Mechanical equipment such as air conditioning units, water softeners, solar panel equipment boxes, and/or generators must be no closer than five feet from the side property line, screened from public view to the extent physically possible, and located behind the front main building line, or an existing gate and/or wall.
iii. Sheds. For sheds which do not require a building permit (i.e. less than 120 square feet, no higher than 12 feet and do not have any utilities) shall have a two-foot rear yard setback from the property line. The edge of roof must also be a minimum of twelve inches setback from property line to allow for onsite drainage.
iv. Recreational Vehicle Storage. The provisions of Section 18.156.100 of this title shall apply.
v. The twelve-foot yard may be reduced behind the rear main building line to not less than five feet for open patios and other similar structures, pool equipment and swimming pools, and detached garages and accessory storage buildings which do not exceed one story in height. The floor area of such accessory buildings shall not exceed six hundred square feet.
3. Rear.
i. Regular Lots. Each lot or parcel of land shall have a minimum rear yard setback of ten feet for main habitable structures and five feet for accessory structures. The ten feet or five feet rear yard setback shall be maintained exclusive of any structural or other physical encroachments other than eave overhangs or improvements (i.e. bay windows, fireplaces), which do not project more than twenty-four inches into the required yard. ii. Alley Loaded Lots. The rear yard setback shall be three feet or twenty feet for garages, and five feet for all other structures. The five-foot rear yard setback shall be maintained exclusive of any structural or other physical encroachments other than eave overhangs or improvements (i.e. bay windows, fireplaces), which do not project more than twenty-four inches into the required yard.
iii. Sheds. For sheds which do not require a building permit (i.e. less than 120 square feet, no higher than 12 feet and do not have any utilities) shall have a two-foot rear yard setback from the property line. The edge of roof must also be a minimum of twelve inches setback from property line to allow for onsite drainage.
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4. 3. Corner Lots. The interior side yard shall be a minimum of twelve feet in width and the side yard abutting the street shall be a minimum of five or seven feet in width.
5. 4. When access to the twelve-foot side yard area is paved, a minimum side yard of three feet shall be maintained exclusive of paving adjacent to the property line. The three-foot side yard shall be improved with landscaping only within the required front yard setback.
6. 5. Each lot with an existing nonconforming dwelling unit may have additions placed at existing building setbacks with not less than five-foot side yards; except, where the required twelve-foot side yard exists on the original structure and can be maintained for any additions, or where the lot has legal access from a dedicated alley.
F. Ground Lot Coverage. The mMaximummaximum ground lot coverage of all structures shall not exceed thirty-five percent of the total area of a the lot. Notwithstanding, the following:
1. Aany lot with a required area of less than seven thousand five hundred square feet pursuant to this chapter may have ground a lot coverage from thirty-five to no more than forty percent provided that all structures on the subject property do not exceed one story in height.
2. The lot coverage shall be calculated based on roof area and overhead structures such as the dwelling unit, garages, trellis, patios, and similar structures, but not patio slabs, hardscape, driveways, swimming pools or spas, and shall be measured from the exterior walls and posts of all structures.
3. For storage sheds, the provisions of Chapter 18.20.190.C shall apply.
G. Fences and Walls. The provisions of Chapter 18.20.90 shall apply.
1. Required. A fence or wall six feet in height or greater may be required due to conditions on the property or physical hazards, such as frequent inundation, erosion, excavation or grade separation when such are determined by the planning director to be dangerous to health or safety.
2. Permitted. Except as provided in this chapter, fences and walls not greater than six feet in height shall be permitted on or within all rear and side property lines, and on or to the rear of all front setback lines. Fences and walls not over forty-two inches in height shall be permitted in any required front yard abutting a street and in any required side yard abutting a street.
a. Where a lot has been developed with a residential use prior to March 31, 2005, a fence or wall not greater than six feet in height shall be permitted on or within the side yard abutting a street.
b. Landscaping shall not be installed to circumvent the intent of this section H. Off-Street Parking. The provisions of Chapter 18.156 shall apply. No structure for parking purposes shall be located closer than twenty feet to the property line. Any garage or carport having an opening facing a street shall be provided with a garage door.
I. Recreational Vehicle Storage. Permanent access and storage space shall be provided on all lots or parcels created after June 13, 1973 for recreational vehicles, trailers, boats, or camper shells. Such storage space shall be located behind the main building line, within the
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interior side yard, or in the rear yard. Further, such space shall be not less than ten feet wide by twenty-five feet long, and, when actually used for storage of recreational vehicles, tThe provisions of Section 18.156.100 of this title shall apply.
J. Signs. The provisions of Chapter 18.152 shall apply.
K. Minimum Residential Structure Size. Each residential structure in the S-F zone shall have a minimum floor area as set forth below:
1. S-F 7,500 – 9,999
18.24.040
Two bedrooms 1,050 square feet
Three bedrooms 1,200 square feet
For each additional bedroom 150 square feet
3. S-F 10,000 (and greater).
Two bedrooms 1,400 square feet
Three bedrooms 1,600 square feet
For each additional bedroom 150 square feet
(Ord. 1188 § 2, 2009; Ord. 1148 § 1, 2005; Ord. 1071 §§ 1, 2, 1997; Ord. 899 § 1, 1989; Ord. 797 § 2, 1983; Ord. 771 § 1, 1982; Ord. 631 § 1, 1978; Ord. 565 § 3, 1977; Ord. 526 § 1, 1976; Ord. 412 § 2, 1973; Ord. 37 § 223.06, 1961)
18.24.050 Property development standards involving side yard easements.
The following property development standards shall apply to single-family developments utilizing side yard easements.
A. Yards.
1. Front. There shall be a minimum front yard setback of twenty feet with a straight-in driveway, and a fifteen-foot setback with a swing-in driveway.
2. Side. There shall be a side yard of five feet minimum on each side of the dwelling, one of which shall be granted as an easement to the adjacent neighbor to accomplish a minimum ten-foot side yard on one side of each lot.
3. Rear. There shall be a rear yard setback of ten feet minimum.
3.4. The house design and floor plan shall take advantage of the space created.
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B. Projections Into Rear or Side Yards.
1. Eaves, balconies, patio roofs and exterior stairways may project not more than fifty percent into the required yard.
2. Fireplaces may project twenty-four inches into a required yard.
C. Walls and Fences. Retaining walls, where necessary, garden walls and fences shall be constructed between all lots to guarantee privacy and encourage maximum use of outdoor areas.
D. Maximum Lot Coverage. Structures and paving shall not exceed sixty percent of the individual lot area.
E. Off-Street Parking. The provisions of Chapter 18.156 shall apply.
F. Signs. The provisions of Chapter 18.152 shall apply.
G. Utilities. All utility services shall be installed underground.
H. Lighting. All lighting shall be located in a manner such that it will not reflect upon adjoining areas.
I. Refuse Storage. A provision shall be made for individual or collective storage containers on the development plan.
J. Recreational Vehicle Storage. The provisions of Section 18.156.100 of this title shall apply. There shall be a common area for the parking of trailers, boats, campers, camper shells, motorhomes and similar vehicles equal to one ten-foot by twenty-foot storage space for each three dwelling units or fraction thereof. Adequate access and maneuverability shall be provided.
The area shall be enclosed with a six-foot-high or greater, decorative masonry wall with perimeter screening landscaping. Landscaping shall include trees and shrubs and shall be sprinklered by an electric remote control sprinkler system. Gates shall be constructed of wood.
The area shall be adequately lighted, provided with yard drains for adequate drainage, and shall have electrical outlets and hose bibs.
K. Open Green Areas. A minimum of forty percent of the total lot area shall be usable open space with no dimension less than ten feet, which shall not include streets, vehicular accessways or parking areas. (Ord. 507 § 2, 1975; Ord. 37 § 223.07, 1961)
18.24.060 Modification of development standards.
The purpose of this section is to promote residential amenities beyond those expected in a conventional development, to achieve greater flexibility in design, and to encourage wellplanned neighborhoods through creative and imaginative planning as a unit. This section permits flexibility in site design and variety in development. This section shall apply to subdivisions only.
A. Planning Commission Review.
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1. Where the planning commission finds that the design quality, efficiency of land use and residential character of the development is enhanced, well integrated and properly oriented, the commission may modify the development standards set forth in Section 18.24.040.
B. Application for Modification.
1. The developer or property owner shall request, in writing, the desired modifications.
Such request shall:
a. State reasons for the request and show how the purposes of Section 18.24.040 are fulfilled;
b. Include development plans, elevations and renderings; c. Provide such other data, plans and evidence as the commission may deem necessary to reach a determination. (Ord. 412 § 2, 1973; Ord. 37 § 223.08, 1961)
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Exhibit C
Municipal Code Text Amendment 24-09
*New text changes are in Blue and Underlined
*Deleted text is in Red and Strikethrough
Chapter 18.35 - SF-DR SINGLE-FAMILY DOWNTOWN RESIDENTIAL ZONE Sections:
18.35.010 Purpose.
18.35.020 Uses permitted.
18.35.030 Uses permitted by conditional use permit.
18.35.040 Property development standards.
18.35.050 General development standards.
18.35.060 Development plan review.
18.35.070 Design guidelines.
18.35.080 Provisions for existing residential and noncommercial improvements.
18.35.090 Provisions for existing commercial uses.
18.35.010 Purpose.
The SF-DR single-family downtown residential zone is intended to provide for the development of single-family residential homes within the downtown residential neighborhood area, with not more than one dwelling unit permitted on any lot or parcel with the exception of an accessory dwelling unit and junior accessory dwelling unit as set forth in Chapter 18.38 Accessory Dwelling Units of the San Dimas Municipal Code. (Ord. 1007 § 1, 1993)
18.35.020 Uses permitted.
In the SF-DR zone, building, structures and land shall be used, and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the uses enumerated below. All uses shall be subject to the property development and general development standards in Sections 18.35.040 and 18.35.050.
A. Primary Uses.
1. Single-family residential dwelling units.
2. Home care facilities, as described and regulated in Chapter 18.186 Home Care Facilities.
B. Incidental Uses.
1. Accessory dwelling unit;
2. Junior accessory dwelling unit;
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1.3. Home occupations;
2. 4. Household pets as described and regulated in Chapter 18.20 Residential Zones Generally.
5. Garage and yard sales, as described and regulated in Chapter 18.196 Temporary Uses.
C. 6. Nonhabitable accessory buildings or structures, including, but not limited to, the following:
1. a. Private garage;
2. b. Garden greenhouse;
3. c. Recreation room;
4. d. Workshop;
5. e. Freestanding patio covers and decks;
6. f. Swimming pools and spas.
g. Canopy, vehicle covers, and other membrane structures, as described and regulated in Chapter 18.20 Residential Zones Generally.
h. Outdoor storage and storage containers, as described and regulated in Chapter 18.20 Residential Zones Generally.
(Ord. 1226 § 1, 2014; Ord. 1007 § 1, 1993)
18.35.030 Uses permitted by conditional use permit.
The following uses shall be permitted in the SF-DR zone pursuant to the provisions of Chapter 18.200:
A. Churches, convents and/or rectories;
B. Libraries;
C. Educational institutions (public or private);
D. Day care centers;
E. Public safety facilities, including but not limited to fire and law enforcement stations; F. Public utility substations;
G. Public or private utility service facility, including vehicle, equipment and material parking/storage and related activities. (Ord. 1007 § 1, 1993)
18.35.040 Property development standards.
The following property development standards shall apply to all land and buildings in the SF-DR zone.
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A. Lot Area.
1. Minimum Lot Size. Minimum seven thousand square feet required.
2. Five Six Thousand to Seven Thousand Square Feet. Any lot with an area less than seven thousand square feet, but greater than or equal to six five thousand square feet, held under separate ownership of record on the effective date of the ordinance codified in this section, may be developed in accordance with standards applicable to lots containing seven thousand square feet without reference to lot width or depth requirements. Existing structures may be modified, altered or added onto subject to compliance with the development standards of this chapter.
3. Less than Six Thousand Square Feet. No new development shall be permitted on parcels with less than six thousand square feet. Existing structures may be modified, altered or added onto subject to compliance with the development standards of this chapter.
3.4. Parcels Abutting Remnant Railroad Parcels. If a development parcel is greater than six thousand square feet, but less than seven thousand square feet and abuts a remnant railroad parcel, the property owner of the development parcel shall enter into an agreement with the city to assume ownership, and merge, the two parcels prior to the issuance of a building permit.
B. Lot Dimensions.
1. Width. Except as hereafter otherwise set forth, each lot shall have the minimum width, Each lot shall have a minimum width of fifty feet, measured at each and every point between two boundaries at either side of the lot which are perpendicular, or approximately perpendicular, to a public right-of-way upon which the lot has frontage or to which the lot has access.
Required Area (Square Feet) Minimum Width
Less than 7,499 50 feet
7,500 to 9,999 70 feet
10,000 to 14,999 80 feet
15,000 to 29,999 100 feet
20,000 to 39,999 150 feet
Greater than 40,000 200 feet
a. The minimum width of a flag lot may be reduced to twenty feet, provided that this minimum width shall pertain solely to that portion of the flag lot upon which is located the rightof-way connecting the remainder of the flag lot to a public right-of-way. b. The remainder of the flag lot shall meet the minimum width, depth and area requirements of this chapter. The driveway portion of a flag lot shall not be calculated as minimum required parcel size.
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2. Depth. Minimum one hundred twenty-five forty feet.
C. Building Height.
1. No building or structure erected in this zone shall have a height greater than thirty feet or two stories, whichever is less, except as provided in Section 18.35.070 of this chapter.
2. Exception. A steeple, spire or other similar projection above a building used primarily for religious purposes, may extend the total height of the structure and steeple, spire or other similar projection as high as forty-five feet; provided, that the height of the steeple, spire or other similar projection is harmonious in design with the building or structure and with the surrounding neighborhood and a development plan is approved by the development plan review board in accordance with Chapter 18.12 of this title.
D. Yards.
1. Front. There shall be a front yard setback of twenty feet.
2. Sides. Each lot or parcel of land shall have a minimum setback of five feet on one side and ten feet on the other side.
a. Detached Garages and Accessory Buildings. There shall be a minimum side yard setback of five feet. Zero lot line may be utilized provided that the minimum setback on the other side is ten feet.
b. Each lot with an existing nonconforming dwelling unit or structure which otherwise meets current building and zoning requirements, may have additions placed at existing building setbacks with not less than five-foot side yards; except where the required ten-foot side yard exists pursuant to subsection (D)(2) on the original structure and can be maintained for any additions.
3. Corner Lots. The interior side yard shall be a minimum of five feet in width, and the side yard abutting the street shall be a minimum of ten feet in width.
4. Rear.
i. Regular Lots. Each lot or parcel of land shall have a minimum rear yard setback of ten feet for main habitable structures and five feet for accessory structures. The ten feet or five feet rear yard setback shall be maintained exclusive of any structural or other physical encroachments other than eave overhangs or improvements (i.e. which do not project more than twenty-four inches into the required yard.
ii. Alley Loaded Lots. The rear yard setback shall be three feet or twenty feet for garages, and five feet for all other structures. The five-foot rear yard setback shall be maintained exclusive of any structural or other physical encroachments other than eave overhangs or improvements which do not project more than twenty-four inches into the required yard.
iii. Sheds. For sheds which do not require a building permit (i.e. less than 120 square feet, no higher than 12 feet and do not have any utilities) shall have a two-foot rear yard setback from the property line. The edge of roof must also be a minimum of twelve inches setback from property line to allow for onsite drainage.
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5. Projections into Required Yards.
a. Eaves on main dwelling unit and accessory structures, balconies, fireplaces, bay windows, and exterior stairways may not project more than twenty- four inches into the required yard.
b. Mechanical equipment such as air conditioning units, water softeners, solar panel equipment boxes, and/or generators must be no closer than five feet from the side property line, screened from public view to the extent physically possible, and located behind the front main building line, or an existing gate and/or wall.
c. Sheds may encroach into the side and rear yard setbacks; however, they must be a minimum of two feet away from the side and rear property lines; edge of roof must be a minimum of twelve inches away from property line to allow for onsite drainage.
E. Lot Coverage. The maximum lot coverage of all structures shall not exceed thirty-five percent of the total area of the lot or parcel. Notwithstanding, any lot or parcel with a required area of less than seven thousand square feet pursuant to this chapter may have lot coverage from thirty-five to no more than forty percent provided that all structures on the subject property do not exceed one story in height. For the purposes of this section, structural lot coverage shall include patio covers, trellises, carports or nonhabitable accessory structures, but not patio slabs, hardscape, driveways, swimming pools or spas, and shall be measured from the exterior walls and post for structures. For storage sheds, the provisions of Chapter 18.20.190.C shall apply. (Ord. 1007 § 1, 1993)
18.35.050 General development standards.
The following general development standards shall apply to all land, uses, buildings and structures within the SF-DR zone:
A. Off-Street Parking. The provisions of Chapter 18.156 of this title shall apply. Any structure provided for parking purposes shall comply with the applicable development standards of this chapter.
B. Alley Access. If there is alley access for the parcel, the following shall apply:
1. All new or reconstructed garages shall be accessed from the alley and shall not be accessed from any street. If a drive approach/apron and driveway exist fronting any street, it shall be removed and a new curb and sidewalk installed. A detached garage shall face the alley. If the garage is located twenty feet or closer to the alley, then an automatic garage door opener is required. Automatic garage door openers are optional if the garage is located twenty feet or greater from the alley, or has a swing-in garage design.
C. Existing curb cuts within the Town Core. A curb cut and driveway from the main street may remain when a garage is reconstructed if the driveway and garage are designed to match the historic architecture of the area, and meet all of the following:
a. Where the garage is no larger than 500 square feet;
b. If the house on the property is on the City’s Historic Resources Inventory; and
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c. As long as access to the lot comes solely from the existing access (no alley access); and
d. Existing curb cuts may be modified or relocated subject to review by the Director of Community Development.
C. Recreational Vehicle Storage. The provisions of Section 18.156.100 of this title shall apply. Permanent storage space may be provided on all lots or parcels for trailers, boats, motorhomes and camper shells. Such space shall be located behind the main building line, within the side or rear yard setback. Such space shall measure a minimum of ten feet wide by twenty-five feet long, shall be paved with Portland cement concrete at least three and one-half inches thick.
D. Utilities. All utilities shall be installed underground. The provisions of Section
18.20.210 of this title shall apply.
E. Refuse Storage. All outdoor trash, garbage, refuse and recyclables storage shall be screened from public view. The provisions of Section 18.20.170 of this title shall apply.
F. Signs. The provisions of Chapter 18.152 shall apply.
G. Landscaping. All front yards shall be maintained with landscaping. Such landscaping shall be maintained in a neat, clean, and weed and disease free manner. In addition otto lawn, trees, shrubs, flowers and similar vegetation, required landscaping may include decorative hardscape and drought tolerant xeriscape. The provisions of Section 18.20.130 of this title shall apply.
H. Fences and Walls. Fence and wall construction materials shall consist of masonry, wood or decorative tubular steel/wrought iron.
1. Permitted. Fences and walls not greater than six feet in height shall be permitted on or within all rear, side, or secondary street frontage of a corner lot, and on or to the rear of all front setback lines. Fences and walls not over forty-two inches in height shall be permitted in the required front yard.
2. Retaining Walls and Slopes. For the purposes of this section, when a difference in grade exists, the total wall height of six feet shall be measured from the average point of the lowest grade and highest grade, to the top of wall. In no case shall the total wall height, as measured from the lowest grade, exceed eight feet. The provisions of Section 18.20.90 of this title shall apply. (Ord. 1007 § 1, 1993)
18.35.060 Development plan review.
Before any building or structure is erected in this zone, or building modifications performed, a development plan shall be reviewed and approved pursuant to the provisions of Chapter 18.12 of this title. (Ord. 1007 § 1, 1993)
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18.35.070 Design guidelines.
The single-family downtown residential zone contains many examples of historical architecture and quality residential design. The following design considerations should be incorporated during the design process for new, remodeled and residential additions, as referenced in the city towncore design guidelines.
A. Historical. Examples of residential architectural design within the single-family downtown residential zone reflect architecture typical of the early California period. Such styles include Craftsman Bungalow, Queen Anne, Colonial Revival and Spanish Colonial Revival.
B. Architectural. Development, additions and remodels within the single-family downtown residential zone should be compatible with the surrounding and existing residences as well as reflect early California architecture. Consistency of building materials and colors, as well as historical integrity, should be reflected in new construction, remodels and additions. Additions, remodels and similar improvements to historically significant residential structures are subject to review by the development plan review board pursuant to code section 18.12.
C. Incentives. Development which the development plan review board determines demonstrates architectural quality and historical integrity shall be eligible for modification to the following development standards:
1. Required Yards. A maximum of a twenty percent reduction in required yards for the placement of verandas, porches, balconies, windows, and piers, columns, posts and similar architectural features.
2. Building Height. An increase in the maximum building height to thirty-five feet for elements such as raised foundations, turrets, roof pitch and similar architectural features which are historically significant and consistent with the city towncore design guidelines. (Ord. 1007 § 1, 1993)
18.35.080 Provisions for existing residential and noncommercial improvements.
Existing residential and noncommercial improvements built in conformance with building and zoning codes in effect at the time of construction may be maintained as currently existing, pursuant to the following provisions:
A. Such existing improvements and site conditions may be repaired, maintained, repainted, remodeled, enlarged and/or the landscaping upgraded, without conforming with Section 18.35.020.
B. Residential and noncommercial uses made nonconforming pursuant to this chapter, shall not be subject to the provisions of Chapter 18.204.170 (B) of this code. Residential and noncommercial uses may remain and function as noncommercial use(s) pursuant to the provisions of this section.
C. Existing nonconforming residential and noncommercial improvements, or portions of nonconforming residential and noncommercial improvements, destroyed or substantially damaged by natural catastrophe may be repaired, rebuilt, or enlarged pursuant to the following provisions:
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1. Such work shall be permitted only on those improvements permitted and constructed in conformance with the building and zoning codes in effect at the time of original construction.
2. Approval of such work shall be obtained from the development plan review board, which shall review the development plans and other pertinent information to insure that all other applicable provisions of this chapter are satisfied and that no new nonconformity will be created.
3. The maximum lot coverage of rebuilt nonconforming residential structures shall not exceed thirty-five percent, except as provided herein.
a. If the lot coverage of the structure(s) is less than thirty-five percent, these structures may be enlarged by ten percent or to a total maximum lot coverage of thirty-five percent, whichever is less.
b. The increase in square footage/lot coverage shall be granted one time only. Once work has been completed on the number and type of structure(s) then permitted on the property in conformance with the provisions of this section, no further increase in habitable square footage/lot coverage shall be permitted.
c. If a nonconforming residential structure(s), which exceeds thirty-five percent lot coverage is destroyed or substantially damaged, the structure(s) may be rebuilt at the lot coverage existing at the time of destruction or substantial damage, provided that no structure(s) be rebuilt to a lot coverage greater than forty percent.
4. In any case, the maximum number of residential units which can be rebuilt in conformance with the provisions of this section shall not exceed two units per parcel.
D. For the purposes of this chapter, noncommercial structures only include existing churches, temples, educational institutions, fraternal organization facilities and/or public facilities. (Ord. 1007 § 1, 1993)
18.35.090 Provisions for existing commercial uses.
Any nonconforming commercial structures destroyed, substantially damaged, or demolished by natural catastrophe or intentional act must be reestablished as a residential use in conformance with the provisions of this chapter. (Ord. 1007 § 1, 1993)
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Exhibit D
Municipal Code Text Amendment 24-09
*New text changes are in Blue and Underlined
*Deleted text is in Red and Strikethrough
Chapter 18.28 – SF-A SINGLE-FAMILY AGRICULTURE ZONE
Sections:
18.28.010 Purpose.
18.28.020 Uses permitted.
18.28.030 Uses permitted by conditional use permit.
18.28.035 Prohibited uses.
18.28.040 Keeping of horses.
18.28.050 Keeping of potbellied pigs as domestic pets.
18.28.060 Wildlife care and rehabilitation facilities.
18.28.010 Purpose.
The SF-A single-family agriculture zone is intended to provide for the development of singlefamily residential homes at urban standards, with not more than one dwelling unit permitted on any lot or parcel, and permitting certain domestic animals. (Ord. 37 § 3.02.00, 1961; Ord. 487 § 2, 1975; Ord. 1226 § 1, 2014)
18.28.020 Uses permitted.
Property in the SF-A zone may be used for:
A. Any use permitted in the S-F zone subject to all regulations applying to the S-F zone.
B. Wholesale nurseries, orchards, the raising of field crops. This subsection does not permit roadside stands, retail sale from the premises, or advertising signs of any nature.
C. Animal Keeping.
1. In addition to those animals permitted under Chapter 18.20 Residential Zones Generally, in the SF-A zone, on parcels of eleven thousand square feet or larger, containing not more than one dwelling unit, domestic animals shall be permitted within the following limitations, and solely for the use of the family residing on the parcel:
a. Rabbits, not to exceed one buck and four does;
b. Fowl (not including roosters) for meat purposes, not to exceed twenty-five;
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c. Chickens for eggs (hens only), not to exceed twenty layers; d. Calves, not to exceed one calf under two years of age, and none older; e. Goats, not to exceed three;
f. Sheep, not to exceed three;
g. Horses, in accordance with the provisions of Section 18.28.040; h. Potbellied pigs, in accordance with the provisions of Section 18.28.050; i. Wildlife care and rehabilitation facilities in accordance with the provisions of Section
18.28.060.
2. All animals shall be properly housed at a distance of not less than thirty-five feet from any residence. If allowed outside their houses, animals shall be kept within adequate fences so that they do not have access to neighboring property.
(Ord. 37 § 3.02.01, 1961; Ord. 487 § 2, 1975; Ord. 558 § 1, 1976; Ord. 1074 § 1, 1997; Ord. 1226 § 1, 2014)
18.28.030 Uses permitted by conditional use permit.
The following uses may be permitted by conditional use permit:
A. Aviaries. This use shall be permitted on parcels of not less than one acre. Any structures used in connection with the use shall be located in accordance with the provisions of the County Health Code.
B. Churches and religious institutions.
(Ord. 37 § 3.02.02, 1961; Ord. 558 § 2, 1976; Ord. 1226 § 1, 2014)
18.28.035 Prohibited uses.
The following uses are prohibited in the single-family agriculture zone:
A. The keeping of roosters and peacocks for any use is prohibited in the city.
18.28.040 Keeping of horses.
In the SF-A zone, horses may be quartered and maintained subject to the following conditions:
A. The horses, including ponies, but excluding foals under twelve months, may be maintained under this section only for breeding purposes or for the personal use of the family residing on the lot or parcel.
1. A registered horse breeder may maintain an additional three horses for breeding purposes provided a permit for such purposes has been issued. A permit may be issued to the owner of a stallion for a period of one year, subject to the following conditions:
a. The breeder shall maintain the horses on a lot or parcel of one acre minimum, or greater, in
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size;
b. Upon favorable recommendation of a committee appointed by the city council to review the application for permit.
B. Each lot or parcel shall be at least sixteen thousand square feet in size, and no more than two horses shall be kept on any such lot or parcel. One additional horse may be kept for each seven thousand five hundred square feet of land in excess of the original sixteen thousand, provided that the total number of horses maintained shall not exceed five, unless a conditional use permit is obtained. The conditional use permit may have attached to it such conditions that are deemed necessary in order to ensure that the maintenance of horses does not interfere with the reasonable use and enjoyment of the adjacent and surrounding properties. No fee shall be charged for the conditional use permit required in this subsection.
C. The Each horses shall be maintained in accordance with the following:
1. An open corrals containing at least two hundred eighty-eight square feet, e.g., twelve feet by twenty-four feet per horse in addition to an in enclosed box stalls or stable, which shall have a weatherproof roof, containing at least one hundred forty-four square feet, e.g., twelve feet by twelve feet per horse.
2. The corral must be no closer than No part of any corral, box stall, or stable shall be located:
a. Within thirty-five feet from any residence habitable structure located on the same lot or parcel,; and
b. Aat least eighty feet from any habitable structure residence located on an adjacent lot or parcel, and
c. At least one-hundred feet from any school building or hospital building.
3. Corrals, box stalls, and stables shall conform to building setbacks from any public or private streets.
D. 4. The corral areas shall consist of fences of at least five feet in height and of such construction so as to confine the horses.
5. The corral, box stall, and stable areas shall be sprinklered or otherwise treated to a degree so as to prevent the emanation of dust. In addition, all accumulation of manure, mud or refuse shall be eliminated so as to prevent the breeding of flies.
E. In conjunction with the corrals, there shall be weatherproof roofs of at least sixty-four square feet per horse.
DF. Nothing in this chapter shall permit the keeping of horses for any commercial purposes, such as boarding of horses or the keeping of horses not principally for the use of the members of the resident family of the subject property.
G. The corral and stable areas shall be sprinkled or otherwise treated to a degree so as to
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prevent the emanation of dust. In addition, all accumulation of manure, mud or refuse shall be eliminated so as to prevent the breeding of flies.
(Ord. 1074 § 2, 1997; Ord. 1226 § 1, 2014)
18.28.050 Keeping of potbellied pigs as domestic pets.
This section shall authorize the keeping of the breed of swine commonly known as the Vietnamese potbellied pig or shari pig. Said animal shall only be allowed to be maintained as a domestic pet and shall only be authorized for property with a single-family agriculture (SF-A) zone designation. In addition, the following standards shall apply:
A. The single-family agriculture (SF-A) property shall have a minimum lot or parcel size of sixteen thousand square feet.
B. The potbellied pig animal shall not exceed a height of twenty-two inches and a weight not in excess of one hundred forty pounds.
C. Not more than two potbellied pig animals shall be allowed per residential lot or parcel.
D. The potbellied pig animal shall be licensed in the same manner as dogs are licensed pursuant to Section 6.08.010 of the San Dimas Municipal Code. Furthermore, the owner of the potbellied pig animal shall be subject to the same penalties for failure to obtain a license as a dog owner.
E. The owner or custodian of the potbellied pig animal shall only maintain said animal as a domestic pet and keep the premises where said animal resides in a clean, odor free and sanitary condition at all times.
F. The provisions of Chapter 6.24 which regulate noise from barking dogs shall apply to the sounds emanating from potbellied pigs.
G. It is unlawful and an infraction, subject to punishment in accordance to provisions of Chapter 1.12 of the San Dimas Municipal Code, for any owner or custodian of a potbellied pig animal to allow or permit such animal to be off the premises of the owner or custodian unless such animal is securely restrained by a leash of not more than six feet in length, and of sufficient strength to prevent the escape of said animal. Furthermore, the owner or custodian of said animal shall be a person capable of keeping the animal under effective charge and control.
H. Any potbellied pig animal which molests a passerby or passing vehicles, attacks other animals, trespasses on school grounds, is repeatedly at large, damages and/or trespasses on private or public property, grunts, whines, howls, honks, squeals, screeches, or otherwise makes or creates excessive, continuous or untimely noise, shall be considered and deemed a nuisance.
(Ord. 1074 § 3, 1997; Ord. 1226 § 1, 2014)
18.28.060 Wildlife care and rehabilitation facilities.
For the purposes of this section, wildlife care and rehabilitation facilities shall be defined as an activity undertaken, as an accessory use on residential property, to restore to a condition of good health, for the purposes of releasing into the wild, animals that naturally and typically
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inhabit the area, but are not normally domesticated. Wildlife care and rehabilitation facilities may only be permitted as an accessory use on residential property zoned single-family agriculture (SF-A). In addition, the following standards shall apply:
A. The minimum lot or parcel size necessary to maintain the wildlife care and rehabilitation facility shall be not less than sixteen thousand square feet.
B. This section shall only authorize those facilities which are permitted by, and operated pursuant to, the provisions of the state of California Department of Fish and Game as a designated wildlife care and rehabilitation facility.
C. A wildlife care and rehabilitation facility shall be subject to review by, and shall receive the approval of, the director of Community Development pursuant to the provisions of Section
18.12.050(C) of the San Dimas Municipal Code.
D. The wildlife care and rehabilitation facility shall maintain a valid permit and approval as required by subsections B and C of this section at all times, or the approval shall become null and void.
E. The wildlife care and rehabilitation facility shall meet and maintain all conditions and standards set forth in Section 679, Title 14, California Code of Regulations. All activities involving wildlife care and rehabilitation shall be carried out in accordance with those regulations and permit conditions.
F. The owner/operator shall produce and shall maintain on the location any permit and/or certification issued by the state of California, Department of Fish and Game authorizing the operation of a wildlife care and rehabilitation facility. Such evidence must be produced when requested by the city staff, officers of the Pomona Valley Humane Society and/or any peace officer.
G. The owner/operator or custodian of a wildlife rehabilitation facility shall keep, or cause to be kept, the subject premises in a clean, odor free and sanitary condition at all times.
H. It is unlawful and an infraction, subject to punishment in accordance with Chapter 1.12 of the San Dimas Municipal Code for any owner/operator or custodian of any wildlife care and rehabilitation facility to allow or permit any animal to be off the premises. This provision does not apply to the transfer of an animal to and/or by a bona fide institution authorized in writing by the local warden of the California Department of Fish and Game. (Ord. 1074 § 4, 1997; Ord. 1226 § 1, 2014)
Agenda Item Staff Report
To: Honorable Chairman and Members of Planning Commission For the Meeting of November 21, 2024
From: Luis Torrico, Director of Community Development
Prepared by: Anne Moore, Senior Planner
Subject: Municipal Code Text Amendment 24-09; Discussion and Consideration of a Municipal Code Text Amendment to amend Title 18-Zoning, Chapter 18.20 Residential Zones Generally, Chapter 18.24 S-F Single-Family Residential Zone, Chapter 18.28 SF-A Single-Family Agriculture Zone, and Chapter 18.35 SF-DR Single-Family Downtown Residential Zone of the San Dimas Municipal Code to clarify the intent of certain sections, add language to sections where policies have been in place, but never codified, and various clean up items as required.
____________________________________________________________________________
SUMMARY
For the past several years, staff has been auditing the San Dimas Municipal Code (SDMC) to identify ways to make the Code more functional, as well as more user-friendly for residents, contractors, and staff to understand and navigate. To this end, Staff identified several Chapters of the SDMC Title 18-Zoning that should be amended, updated, deleted and/or modified, and presented the Municipal Code Text Amendment (MCTA) to the City Council for initiation on April 27, 2021.
The City Council granted the MCTA initiation, which is broken up into three separate MCTA actions. MCTA Action No. 1 consists of amending Chapter 18.20 Residential Zones Generally, Chapter 18.24 S-F Single-Family Residential Zone, and Chapter 18.35 SF-DR Single-Family Downtown Residential Zone of the San Dimas Municipal Code. MCTA Action No. 2 consists of amending SDMC Section 17.12 Preliminary and Tentative Maps – Filing Procedures, Chapter
18.12 Development Plan Review Board, Chapter 18.196 Temporary Uses, Chapter 18.200 Conditional Use Permits, Chapter 18.204 Variances, Chapter 18.208 Zone Changes and Amendments, and Chapter 18.212 Appeal Procedures. MCTA Action No. 3 consists of amending Chapter 18.08 Definitions and Chapter 18.188 Explosives. In addition, the initiation included the amendment of other applicable chapters as required.
MCTA Action No. 2 and No. 3 will be presented to Planning Commission at a later date. As part of MCTA 24-09, Staff has included Chapter 18.28 Single-Family Agriculture Zone in order to provide clarification on permitted animals and the requirement for horse stables.
ATTACHMENT 2
Municipal Code Text Amendment 24-09 Page 2
For the Meeting of November 21, 2024
Municipal Code Text Amendment 24-09 is intended to clarify the intent of the abovementioned sections, add language to sections where policies have been in place, but never codified, and amend procedural processes to be in line with current and proposed processes.
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution PC-1688, recommending approval to the City Council of MCTA 24-09.
FISCAL IMPACT
There is no fiscal impact for the recommended action.
BACKGROUND
San Dimas was incorporated as a city on August 4, 1960. Prior to the City’s incorporation, residential development was regulated by the Los Angeles County Zoning Code. On June 22, 1961, the City established its first Zoning Ordinance (Ordinance No. 37), which provided development standards for residentially zoned properties including residential agriculture lots within the City, now identified as Single-Family Agriculture (SF-A). The Single-Family Downtown Residential (SF-DR) Zone was not established until 1993 through Ordinance 1007, which was created as a result of the City pursuing a zone change for the downtown residential area, commonly known as the “Towncore.”
Since the establishment of the City’s zoning code, there have been a number of updates that have been made to Title 18-Zoning, Chapter 18.20 Residential Zones Generally, Chapter 18.24 S-F Single-Family Residential Zone, Chapter 18.28 SF-A Single-Family Agriculture Zone, and Chapter 18.35 SF-DR Single-Family Downtown Residential Zone that were done either due to land use determinations or to provide clarity on specific residential development standards. All of the abovementioned sections of Title-18 Zoning were last amended in 2014 through Ordinance No. 1226 to allow the keeping of certain types of fowl in a limited number as household pets.
Within the past decade, there have been a number of code compliance cases that have risen due to sections of the San Dimas Municipal Code (Code) that may be unclear, unaddressed, or misinterpreted. As a result, various sections of the Code are in need of being cleaned up and updated. In addition, there are numerous City Council adopted policies that have been in place that have not been codified, which staff is including as part of this amendment. By codifying many of these policies that affect residentially zoned properties, the Code would be more functional, as well as more user-friendly for residents, contractors, and staff to understand and navigate.
On April 27, 2021, the City Council initiated a Municipal Code Text Amendment, which identified several Chapters of the SDMC Title 18-Zoning that should be amended, updated, deleted and/or modified (Attachment 2). The MCTA initiation is broken up into three separate MCTA actions.
MCTA Action No. 1 consists of amending Chapter 18.20 Residential Zones Generally, Chapter
18.24 S-F Single-Family Residential Zone, and Chapter 18.35 SF-DR Single-Family Downtown Residential Zone of the San Dimas Municipal Code. MCTA Action No. 2 consists of amending SDMC Section 17.12 Preliminary and Tentative Maps – Filing Procedures, Chapter 18.12 Development Plan Review Board, Chapter 18.196 Temporary Uses, Chapter 18.200 Conditional Use Permits, Chapter 18.204 Variances, Chapter 18.208 Zone Changes and Amendments, and Chapter 18.212 Appeal Procedures. MCTA Action No. 3 consists of amending Chapter 18.08
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For the Meeting of November 21, 2024
Definitions and Chapter 18.188 Explosives. In addition, the initiation included the amendment of other applicable chapters as required.
DISCUSSION/ANALYSIS
The Residential Zones Generally (Chapter 18.20) section of the Code was created with the intent of providing regulations for certain uses across all residentially zoned properties within the City.
However, the existing Residential Zones Generally section of the Code has historically been used very sparingly due to the limited uses and standards that it refers to. Following a comprehensive review of the development standards within the Code that pertain to residential properties, staff observed that there are numerous sections that are applicable for all residential properties.
Therefore, staff determined that it would be best to separate and consolidate these development standards collectively into Chapter 18.20 Residential Zones Generally. In addition, incorporating a number of City Council adopted policies into this Residential Zones Generally section will assist staff in addressing common code compliance concerns more efficiently and consistently across all residentially zoned properties.
While the goal of this amendment is to codify already existing policies specific to residentially zoned properties and to ensure the Residential Zones Generally section of the Code functions as it is originally intended, staff is also incorporating a number of “clean-up” items. Among these “clean-up” items include the introduction of a rear yard setback in the SF and SF-DR zones, which did not previously exist. The addition of a 10-foot rear yard setback for habitable structures, and five (5) foot for accessory structures within the SF and SF-DR zones not only protects usable open space within the rear yard area, but it also ensures some level of privacy between adjacent properties. In addition, the new five-foot rear yard setback is in line with separation requirements for building to property lines required by the Fire Code. There are also properties within the SF and SF-DR zone that have alley access, which is not currently addressed in the Code. Therefore, staff has included added language differentiating “regular lots” and “alley loaded lots” to appropriately apply the new rear yard setback, as alley loaded lots will be subject to three (3) or 20 feet rear yard setback for garages, and five (5) feet for all other structures. MCTA 24-09 also provides clarification on what is included as part of calculating lot coverage for a property. Lastly, this amendment will also incorporate the prohibition of short-term rentals within the City, which will be included within Chapter 18.20 Residential Zones Generally. Short-term rentals are already prohibited for Accessory and Junior Accessory Dwelling Units; therefore, this amendment will align with a current standard in the Code and provide some consistency. It will also address complaints received by Staff related to short-term rentals.
Another “clean-up” item that is being introduced into the SF and SF-DR zone is regarding the location of mechanical equipment, which is commonly brought up by residents. The side yard setback as it currently exists in the SF zone requires a minimum twelve-foot side yard on the side of the lot closest to the driveway while the other side yard shall be a minimum of five feet. The current SF zone also specifies that the twelve-foot side yard shall be maintained exclusive of any structural or other physical encroachments. The intent of the twelve-foot side yard setback is to allow for recreational vehicle storage behind the front main building line; however, not all SF zoned properties can accommodate a recreational vehicle and to some residents, maintaining the twelve-foot side yard exclusive of any structural or other physical encroachments limits the available locations for any proposed mechanical equipment. Therefore, staff has included a provision in the Code that allows for mechanical equipment such as air conditioning units, water softeners, solar panel equipment boxes, pool equipment, and/or generators, to be located within the required twelve-foot side yard (or ten-foot side yard setback for the SF-DR zone) subject to the following: a minimum of five (5) feet is maintained from the side property line, the equipment
Municipal Code Text Amendment 24-09 Page 4
For the Meeting of November 21, 2024
is screened from public view to the extent physically possible, and located behind the front main building line, or an existing gate and/or wall. It should be noted that although there is added language in the Code to allow for mechanical equipment to be located within the required 12-foot side yard setback, this allowance does not exempt an SF Zoned property or other applicable residentially zoned properties from meeting the parking requirements if the property owner desires to park a recreational vehicle on the property. In other words, if mechanical equipment is located within the 12-foot side yard setback, a resident may not request a deviation from the parking requirements to accommodate their recreational vehicle, as these types of allowed mechanical equipment could be easily relocated to other areas of the property.
In 2014, the City amended Chapter 18.20 Residential Zones Generally to allow the keeping of certain types of fowl in a limited number as household pets, but also added the prohibition of roosters in all zones through Ordinance No. 1226. However, in that same ordinance, language was also added to Chapter 18.28 Single-Family Agriculture (SF-A) stating that chickens are permitted “in addition to those animals permitted under Chapter 18.20 Residential Zones Generally.” Staff, at that time, did not realize the new language in Chapter 18.28 could be interpreted to override the prohibition on roosters in Chapter 18.20. Therefore, as part of MCTA 24-09, staff is including an amendment to Chapter 18.28 to specify that “chickens for eggs (hens only)” and “fowl (not including roosters) for meat purposes” would be permitted in addition to adding the prohibition of roosters and peacocks. Additional clean-up items for the SF-A Zone including clarifying the requirements for the open corral and enclosed box stall for each horse as well as adding a minimum distance from any school building or hospital building.
In addition to the clean-up items listed above, the amendment will also be codifying numerous City Council adopted policies that have been in place that have not been incorporated into the Code. Since these policies are not available in the Code, applicants are not aware of these standards which can create confusion when corrections, based on the policies, are provided by Staff. Therefore, this amendment includes, but not limited to curb cuts and driveway access from the street in the Town Core area, fencing and decking encroachment into the slope area, mechanical equipment and screening, exterior fireplaces, fences and walls, flag poles and flags, canopy and other membrane structures, pool, spa and rockscape setbacks, and undergrounding of utilities.
The clean-up items and policies mentioned above are just some of the changes that are included with this amendment. There are several other changes, related to accessory and membrane structures, fences and walls, equipment screening, storage sheds, and utilities which are included in each of the ordinances included as exhibits to Resolution PC-1688 (Attachment 1). These changes are not intended to change the overall purpose of the single family standards, but meant to update the Code so it is more functional, provides clarification, and will make it more userfriendly for residents, contractors, and Staff to understand and navigate.
ALTERNATIVES
There are currently no alternatives proposed for this request; however, the Planning Commission may recommend changes to the proposed MCTA language.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Municipal Code Text Amendment 24-09 Page 5
For the Meeting of November 21, 2024
Respectfully submitted,
Anne Moore
Senior Planner
Attachments:
1. Resolution PC-1688
2. April 27, 2021 City Council Staff Report & Action Summary
CITY OF SAN DIMAS
PLANNING COMMISSION
MINUTES
Regularly Scheduled Meeting
Thursday, November 21, 2024, at 6:00 p.m.
245 East Bonita Avenue, City Council Chamber
PRESENT
Chairman David Bratt
Vice-Chairman John Davis
Commissioner Margie Green
Commissioner Doran Barnes
Commissioner James Shirley
Director of Community Development Luis Torrico
Planning Manager Marco Espinoza
Senior Planner Anne Moore
Assistant Planner Taylor Galindo
Assistant Planner Yasmin Dabbous
Senior Management Analyst Kimberly Neustice
Administrative Analyst Caitlyn Cortez
CALL TO ORDER AND FLAG SALUTE
Commissioner Bratt called the regular meeting of the Planning Commission to order at 6:02 p.m. and Commissioner Green led the flag salute.
CONSENT CALENDAR
CC 1. Approve October 17, 2024 Planning Commission minutes.
MOTION: Moved by Commissioner Green moved, seconded by Commissioner Shirley to approve the consent calendar. Motion carried 5-0.
PUBLIC HEARING
PH 1. Municipal Code Text Amendment 20-05; Discussion and consideration of a Municipal Code Text Amendment of Title 18-Zoning, Chapter 18.518 Specific Plan 11 of the San Dimas Municipal Code, to amend grading limits within Planning Area I and make various clean-up text amendments, and adoption of the associated Mitigated Negative Declaration.
Vice-Chairman Davis recused himself from this item.
Planning Commission Minutes Page 2
November 21, 2024
Staff report presented by Director of Community Development Torrico recommending Planning Commission approve Resolutions PC-1689 and PC-1670 recommending City Council approve the final revised Mitigated Negative Declaration (MND) and Municipal Code Text Amendment 20-0005 (MCTA).
Commissioner Barnes clarified that the current exemption of two-hundred cubic yards doesn’t apply to pool construction.
Director of Community Development Torrico stated that was correct under the existing Environmental Impact Report (EIR). However, staff stopped this practice four years ago when this item was initiated.
Commissioner Barnes asked if the current exemption of two-hundred cubic yards would qualify under the new Environmental Impact Report (EIR).
Director of Community Development Torrico stated that was correct. Anything that was graded beyond the house and garage before this new EIR is approved will be able to stay. This only applies to any new grading which would have to comply with the measures in the new Mitigated Negative Declaration. He also stated that there is a correction on page twenty-nine, it states that pools are exempt, but they are not. Page thirty section B1A staff would like to add text that includes the mitigation measures from the MND so that future readers know that these are a requirement of the additional grading in the area.
Commissioner Barnes asked if an owner wanted to build an Accessory Dwelling Unit (ADU) and needed to do grading, would it be exempt of the requirements of the new MND.
Director of Community Development Torrico stated yes.
Chairman Bratt opened the public hearing.
Speaker 1 – John Begin – stated that he felt that the owners of the seven vacant lots left can afford to absorb the cost of these measures in their development process. He stated that the existing developed lots, the studies alone will cost more than the proposed project they want to build. He felt pools should still be exempt from the grading requirements because that’s mostly what people are building on these lots. However, he does feel that the new review of the MND is much better than the original report. He’s in support of the item and hopes that the change goes through.
Speaker 2 – Kathy Begin – stated that she approves of the one-thousand cubic yards of extra grading however, many of the residents oppose the biological resources requirement. Many residents have spoke against the grading limits and mitigation measures of the MND over the years and she also has signed petitions showing that most of the residents are against this. The fact that people have to spend sixty thousand on biological surveys isn’t right. They already have to do various mitigation
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November 21, 2024
measures for fire protections. A lot has happened in the four years that this was being reviewed and now the owners are being saddled with the added cost of these studies if they want to build on their lot.
Speaker 3 – Psomas Consultant – She prepared the biological sections of the new MND. The mitigation measures of the table that was shown in the presentation, just because the survey is listed in the table for the parcel doesn’t mean that all of these surveys apply. The required surveys are based on the location of the proposed project. This report is based on all possible projects, so they have to prepare the worst-case scenario in the report to cover all possibilities. She doesn’t like to require a lot of surveys but unfortunately, they are meant to protect the natural habitat.
Speaker 4 – Pauline, Property owner of 1544 Calle Cristina – She has lived in Via Verde Ridge for over twenty years and their properties face Covina Hills Road. In all her time there she has never seen a frog, turtle or rare plants. The county comes and digs everything up every year for fire protection and no care is given to the natural habitat. She feels that some of this information is absurd but it’s time that a decision is made.
Chairman Bratt closed public.
RESOLUTION PC-1689
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN DIMAS, COUNTY OF LOS ANGELES, RECOMMENDING TO THE
CITY COUNCIL ADOPTION OF THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION AND MONITORING REPORTING
PROGRAM FOR MUNICIPAL CODE TEXT AMENDMENT NO. 20-0005,
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
OF 1970, AS AMENDED
RESOLUTION PC-1670
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN DIMAS, COUNTY OF LOS ANGELES, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF MUNICIPAL CODE TEXT
AMENDMENT 20-05, AN AMENDMENT TO CHAPTER 18.518 –
SPECIFIC PLAN 11, OF THE SAN DIMAS MUNICIPAL CODE
Director of Community Development Torrico stated that he would like to add a revision to section
18.518.170 - Grading design - removing the existing language of item D.1.a.iii. which states “One pool/spa and a five (5) foot wide deck around the perimeter of the pool/spa” and to add language to the section that the Grading Limits are subject to Resolution PC-1670 and the measures of the Final Initial Study/Mitigated Negative Declaration.
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November 21, 2024
MOTION: Moved by Commissioner Barnes to approve Resolution PC-1689 and PC-1670 with the revision to section 18.518.170.D.1.a, seconded by Commissioner Shirley recommending City Council adopt Municipal Code Text Amendment 20-05. Motion carried 4-0-0-1 (Davis recused).
Commissioner Barnes stated in the short time he’s been on the Commission, he’s been surprised by the challenges the City faces as to what we can or cannot control because of State legislation and he understands that such mandates can be frustrating to the residents.
PH 2. Vesting Tentative Tract Map 24-01 (VTTM 84436); Discussion and Consideration of a request to subdivide two adjoining parcels into five parcels within the Single-Family Agriculture Zone, which are addressed as 720 N. Oakway Avenue (APN: 8392-020-034) and an unaddressed parcel (APN: 8392-015-041).
Staff report presented by Senior Planner Moore recommending Planning Commission approve Resolution PC-1687 recommending City Council approve Vesting Tentative Tract Map 24-01 (VTTM 84436).
Chairman Bratt asked if there will be an entry to the site off Cody Road.
Senior Planner Moore stated that there will not be an entrance off Cody or Gladstone, only off of Oakway.
Chairman Bratt asked for clarification on the improvements for the proposed access easement up to Gladstone.
Senior Planner Moore stated that the access road is only for the sewer line but the condition requires the paved area to be all the way through to Gladstone for maintenance access only.
Chairman Bratt asked how the private road for the development will be maintained.
Senior Planner Moore stated the private road will require an access easement and maintenance agreement between all neighbors to maintain the private driveway.
Chairman Bratt asked if they don’t maintain the private drive, what recourse doe the City have.
Maintenance of private drives and streets has been an issue in the City before and he wants to make sure that this is going to be maintained and if it’s not that the City has some kind of recourse.
Community Development Director Torrico stated that Staff can add a condition to the approval that all residents must enter a maintenance and that failure to maintain the private drive would be subject to Code Compliance action. Staff will discuss the condition with the City Attorney and add the appropriate language to the conditions of approval to the tract map.
Commissioner Green stated that at the far east end there’s no turn around and she’s concerned for fire vehicles getting to and from the residences.
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November 21, 2024
Chairman Bratt stated that the fire code requires a turnaround within one hundred and fifty feet and there is in fact a turnaround on the third parcel.
Chairman Bratt opened the public hearing.
Speaker 1 – Applicant Dean Hakkak – stated he wants to be respectful of his neighbors as he wants to remain on a friendly and cordial basis with them. He feels that the area is underutilized and wants to make sure that this development is in accordance with the City requirements.
Speaker 2 – Lora Smith – Currently there is a fire hydrant by her house. Where is the new development going to connect to if there’s a fire. She doesn’t believe that a hose would reach back to the last lot.
Senior Planner Moore stated that the presentation doesn’t include the requirements set by Los Angeles County fire and they are requiring one new private fire hydrant to be installed. The new hydrant location will be located at the east corner of the turnaround on lot three and is required to be installed prior to the final inspections on the houses.
Speaker 2 – Lora Smith – stated that lots one, two and three have been constantly under construction with water trucks that come in the wrong direction. She wants to make sure that the hydrant is installed before they start construction in case there is a fire during construction. Also, she didn’t see a traffic study and Amelia Avenue is already a very busy street. Right where the entrance to the private road is, the construction people were going in and out carelessly from Ghent to Oakway, and she has asked repeatedly to have this entry yield to slow down traffic. Before any construction begins there should be a sign installed that yields construction traffic before they head out of the construction site.
Chairman Bratt asked what is the requirement for a traffic study to be done for a development.
Community Development Director Torrico stated that this project is exempt under the thresholds of traffic study requirements. Under the new Vehicle Miles Traveled (VMT) guidelines there are certain projects that are exempt so that’s why there wasn’t a traffic study done.
Speaker 2 – Lora Smith – She feels like there will be too much traffic coming and going from these new homes with the construction of the house, ADU’s, pools and other construction.
Community Development Director Torrico stated that Staff can check with Public Works to see if there is anything that can be added to the Conditions to help the traffic issue.
Speaker 1 – Applicant Dean Hakkak – Stated that there is currently a gate at the entrance. The plumbing trucks that are coming and going are from 716 Oakway and there’s nothing he can do to control this traffic since it isn’t from his property. He stated that he got a permit to add a water meter to the existing fire hydrant to use the water. Anyone driving in this area on the streets or private drive need to follow the rules of the road in general which includes yielding to oncoming traffic and following speed limits. Law enforcement needs to enforce the rules as far as vehicle issues.
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November 21, 2024
Vice-Chairman Davis asked the applicant if he plans on developing the houses.
Speaker 1 – Applicant Dean Hakkak – Stated that he does intend to develop all five lots.
Chairman Bratt closed the public hearing.
Commissioner Barnes asked about the traffic issue where Ghent Street travels east and dead ends at Oakway where this private driveway comes out. What is the traffic control at this intersection if any.
Chairman Bratt stated that there is no traffic control.
Commissioner Barnes asked if it will remain an uncontrolled intersection when these lots are developed.
Planning Manager Espinoza stated that at this time there is not a condition to add a stop sign.
Public Works has a Traffic Safety Committee that reviews different areas and issues to see if additional traffic control is needed due to hazardous situations. He encourages the resident to submit an application to the Traffic Safety Committee for this issue so they can review the situation.
Commissioner Barnes stated he feels that the added homes, while might not bring a lot of traffic, will change the dynamics of this intersection. The addition of the private road may or may not warrant some additional thought from the Traffic Safety Committee.
RESOLUTION PC- 1687
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN DIMAS, COUNTY OF LOS ANGELES, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF VESTING TENTATIVE TRACT MAP 24-01 (VTTM 84436), A REQUEST TO SUBDIVIDE TWO (2)
ADJOINING PARCELS INTO FIVE (5) PARCELS LOCATED AT 720 N.
OAKWAY AVENUE (APN: 8392-020-034 AND AN UNADDRESSED
PARCEL (APN: 8392-015-041) WITHIN THE SINGLE-FAMILY
AGRICULTURE 16000 ZONE.
MOTION: Moved by Vice-Chairman Davis, seconded by Commissioner Shirley to approve Resolution PC-1687 with a revision to Condition twenty-two adding that failure to maintain the private drive may lead to Code Compliance action. Motion carried 5-0 PH 3. Municipal Code Text Amendment 24-09; Discussion and Consideration of a Municipal Code Text Amendment to amend Title 18-Zoning, Chapter 18.20 Residential Zones Generally, Chapter 18.24 S-F Single-Family Residential Zone, Chapter 18.28 SF-A Sigle-Family Agriculture Zone, and Chapter 18.35 SF-DR Single-Family Downtown Residential Zone of
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November 21, 2024
the San Dimas Municipal Code to clarify the intent of certain sections, add language to sections where policies have been in place, but never codified, and various clean up items as required.
Staff report presented by Senior Planner Moore recommending Planning Commission adopt Resolution PC-1688, recommending City Council approve MCTA 24-09.
Vice-Chairman Davis stated that it sounds like a lot of this code has been rewritten.
Senior Planner Moore stated that over the years Staff has made policies that need to be codified in the code.
Vice-Chairman Davis asked if a policy is easier to change than a Municipal Code.
Planning Manager Espinoza stated that it’s easier to change a policy but in the past few years staff had been directed not to create policies but to codify items into the code because that makes it more enforceable. For example, if a Use Determination is made it would have been written into a policy but not in the code which then requires Staff to look in more than once place for the information. Codifying these items in the code makes it easier for everyone to understand the requirements.
Community Development Director Torrico reminded the Commission that these changes are just to codify existing policies, Use Determinations, and other clean up items and does not change the overall use or intent of the zone. There are no uses being added or deleted. The only new item being added to the code is the prohibition of Air B&B’s and a rear yard setback.
Chairman Bratt asked Davis if he would like to continue the item so he has more time to go through the changes.
Vice-Chairman Davis stated he’s ok to move forward, it just sounded like a lot of items being changed. He is ok as long as we aren’t adding additional rules.
Senior Planner Moore stated that the short-term rental prohibition, the five foot rear yard setback and the required distance from horse corrals are new items.
Planning Manager Espinoza stated that one item that has come up with the City Attorney is that the code is more permissive and now we are changing this to clarify items that are prohibited. The City Attorney stated that items like these should be codified in the code so that Code Compliance has more enforcement power.
Commissioner Barnes asked for clarification on the twelve-foot setback on one of the side yards.
For example, if he buys a house on Fourth Street and knocks the house down, would he have to have to rebuild the new house with the current setbacks.
Planning Manager Espinoza stated that was correct.
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November 21, 2024
Commissioner Barnes stated that might be something that Staff would like to consider because requiring these setbacks may change the look of the area. He believes properties in the downtown typically don’t comply with the twelve-foot and five-foot setbacks and maybe staff wants to reconsider the change in the downtown area.
Chairman Bratt asked what would happen if there’s a property with an eight-foot setback, is it grandfathered in.
Community Development Director Torrico stated that the existing lot and building become legal non-conforming however, new construction would have to meet the new setbacks.
Planning Manager Espinoza did clarify that the Code allows additions to continue existing nonconforming setbacks with not less than a five-foot setback.
Chairman Bratt opened the public hearing.
No communications were made at this time.
Chairman Bratt closed the public hearing
RESOLUTION PC-1688
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN DIMAS, COUNTY OF LOS ANGELES, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF MUNICIPAL CODE TEXT
AMENDMENT 24-09, AN AMENDMENT TO TITLE 18-ZONING,
CHAPTER 18.20 RESIDENTIAL ZONES GENERALLY, CHAPTER 18.24 S-F SINGLE-FAMILY RESIDENTIAL ZONE, CHAPTER 18.28 SF-A
SINGLE-FAMILY AGRICULTURE ZONE, AND CHAPTER 18.35 SF-DR
SINGLE-FAMILY DOWNTOWN RESIDENTIAL ZONE OF THE SAN
DIMAS MUNICIPAL CODE TO CLARIFY THE INTENT OF CERTAIN
SECTIONS, ADD LANGUAGE TO SECTIONS WHERE POLICIES HAVE
BEEN IN PLACE, BUT NEVER CODIFIED, AND VARIOUS CLEAN UP ITEMS AS REQUIRED.
MOTION: Moved by Vice-Chairman Davis, seconded by Commissioner Green to approve Resolution PC-1688 recommending City Council approve MCTA 24-09. Motion carried 5-0.
OTHER BUSINESS
OB 1. Consideration and discussion of a city-initiated request to initiate a Municipal Code Text Amendment to amend Chapter 18.38 Accessory Dwelling Units and 18.170 Electric Vehicle Charging Stations of the San Dimas Municipal Code in an effort to be in compliance with changes to the State laws effecting these uses, along with associated clean up items.
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November 21, 2024
Staff Report presented by Assistant Planner Galindo recommending Planning Commission initiate the Municipal Code Text Amendment.
Commissioner Barnes stated that he understands that the City needs to comply with State mandated requirements but the one thing that he feels Staff should look at, and because the City doesn’t have much control over Accessory Dwelling Unit (ADU) development, is the parking situation.
For example, someone can build an ADU but if they try to put in a garage for the ADU it could put the project over the lot coverage threshold, However, someone can build an ADU and no garage or parking on site which then pushes the parking issue out to the street. He would like to Staff to consider options that encourage on site parking to help alleviate on street parking.
Community Development Director Torrico stated that this issue will be looked at during the MCTA process and the Planning Commission can also recommend additional changes once the MCTA comes back to the Commission for reading.
Vice-Chair Davis stated that his HOA limits ADU’s at one thousand square feet. Will the HOA have a say in this going forward.
Community Development Director Torrico stated that multi-bedroom ADU’s are capped at twelve hundred square feet per State code, but cities are allowed to further limit floor area. Our Code limits studio and one-bedroom ADUs to 800 square feet and multi-bedroom ADUs to 1,000 square feet.
Unfortunately, the State takes the control away from the HOA’s and therefore the City does not require HOA approvals and will not enforce the HOA rules. Currently the first eight hundred square feet of an ADU does not count towards lot coverage. Staff will be adding language that items such as patios and garages that are attached to the ADU will count towards lot coverage. He understands that Commissioner Barnes is asking Staff to look at possibly exempting an ADU garage from the lot coverage calculation to help encourage on-site parking.
Commissioner Shirly asked if he’s building an ADU, would a garage be allowed to be attached to an ADU.
Planning Manager Espinoza stated that the garage is only allowed if there’s enough room in the lot coverage calculation.
Commissioner Shirly asked what happens if they have to park on a street that doesn’t allow parking without the owner paying for it.
Planning Manager Espinoza stated that is the owner’s responsibility, so if someone needs to park on the street they would have to buy a parking permit.
Community Development Director Torrico stated that the overnight parking restrictions is City wide and you cannot park overnight on city streets if you don’t have an overnight parking permit.
The owner needs to consider this when they are deciding to build an ADU. Tonight, we are just initiating the MCTA, staff is not suggesting any changes at this time.
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Vice-Chairman Davis stated he believes the City cannot regulate parking onsite for ADU’s.
Community Development Director Torrico stated that is correct, the City cannot require on-site parking to build an ADU per State law.
Commissioner Shirley stated that the on-street parking has increased and that’s a concern for residents. He feels that this needs to be considered.
Chairman Bratt asked for clarification on the EV Charger streamline act. He understands that the application has to be deemed complete within 5 or 10 business days, does that mean if we don’t approve the application that they can move forward and build it without City approval.
Community Development Director Torrico stated that the streamlining act will allow the item to go straight into building plan check and is a ministerial approval for Planning and there won’t be any kind of Planning approval process. The Building Department does have a checklist for submittals and approval can be done quickly and possibly even over the counter.
Chairman Bratt stated that it talks about height requirements that the ADU can go up to twenty-six feet. Can the City have a say in the height of the ADU.
Assistant Planner Galindo stated that under AB 976 it does have language about the height limitation and the requirements.
MOTION: Moved by Vice-Chairman Davis, seconded by Commissioner Barnes to approve the city-initiated request for a Municipal Code Text Amendment to amend Chapter 18.38 Accessory Dwelling Units and 18.170 Electric Vehicle. Motion carried 5-0
ORAL COMMUNICATIONS
a. Community Development Department
Community Development Director Torrico updates Planning Commission:
• Discussion of the Tree removal ordinance and SB9 went to the City Council Study Session on November 12, 2024. The SB 9 discussion was about the affordability requirement however staff was made aware of a new state mandate that restricts any limitations such as affordability requirements so for now this will have to be reconsidered in the proposed SB 9 code.
• The Tree removal ordinance was discussed at the City Council study session as well. The changes that Planning Commission and Staff recommended were presented and City Council gave direction to staff to work on exempting single family zones from the ordinance.
The City Council did direct staff to research whether other agencies protect certain trees and
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if so, provide a list of said trees. This was informational purposes only and will not be written into the Code. An MCTA will be brought to Planning Commission in the near future. b. Members of the Audience
No communications were made.
c. Planning Commission
No communications were made.
ADJOURNMENT
MOTION: Chairman Green moved, seconded by Commissioner Davis. Motion carried 5-0. The meeting adjourned at 8:20 p.m. to the regular Planning Commission Meeting scheduled for Thursday, December 19, 2024.
_______________________________
David A. Bratt, Chairman
San Dimas Planning Commission
ATTEST:
_______________________
Kimberly Neustice
Senior Management Analyst
Approved: December 19, 2024
ATTACHMENT 3
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of January 14, 2025
From: Brad McKinney, City Manager
Prepared by: Lily Flores, Housing Manager
Subject: Consideration and Approval of Proposed FY 2025-2026 CDBG Programs and Funding Budget
____________________________________________________________________________
SUMMARY
The Housing Division is proposing the program activities and funding for the Community Development Block Grant (CDBG) Program administered through the Los Angeles County Development Authority (LACDA) for FY 2025-2026. This is a public hearing for the proposed programs and allocations.
RECOMMENDATION
Staff recommends that the City Council:
• Conduct the Public Hearing.
• Adopt Resolution 2025-03, approving the proposed FY 2025-26 CDBG Programs and allocations as outlined; and
• Authorize the City Manager or his designee to execute any and all documents necessary to further the projects herein, including but not limited to amendments and modifications thereto for CDBG projects with the Los Angeles County Development Authority (LACDA).
FISCAL IMPACT
Limited Staff time, depending on the nature of the projects and programs considered is expected.
The potential financial impacts would be funded through the available Housing Authority funds already budgeted.
BACKGROUND
Each year, the Department of Housing and Urban Development (HUD) provides annual grants on a formula basis to states, cities, and counties to develop viable urban communities by providing decent housing and a suitable living environment, principally for low – and moderate – income
Proposed FY 2025-2026 CDBG Programs and Funding Budget Page 2 For the Meeting of January 14, 2025
persons.
The City of San Dimas is a Participating City with the County of Los Angeles Urban Community Development Block Grant (CDBG) through the Los Angeles County Development Authority (LACDA) Cooperation Agreement. As a Participating City with LACDA, the City receives CDBG funding based on the number of cities participating in the County’s program, community development need, and a city’s commitment to provide housing and community development.
Projects must be implemented according to the 1974 Housing and Community Development Act and the National Affordable Housing Act passed by Congress in 1990. Consequently, our preparation for the FY 2024-25 program year will be regulated in a manner consistent with these laws.
Activities carried out with CDBG funds must address at least one of the three (3) national objectives of the CDBG program which include:
• Benefiting low- and moderate-income persons.
• Aid in preventing neighborhood deterioration; and
• Meet other urgent community development needs due to natural disasters or other emergencies.
Activities may include, but are not limited to, public facilities and improvements, acquisition and relocation, public services, economic development, and housing improvement/rehabilitation programs. Applicable statutes and regulations place specific requirements on certain activities, such as limitation on the amount of CDBG funds which may be used for public services and planning and administration costs.
DISCUSSION/ANALYSIS
The City of San Dimas strives to maintain a safe, decent, and sanitary environment for all its residents. Therefore, the grant amount received by LACDA is spent on those eligible activities that will enhance the ability to achieve this goal, while benefiting low-and moderate-income persons. Currently, CDBG funds are allocated for the following programs:
Housing Rehabilitation Program – Continuing City Program The Housing Rehabilitation Program provides grants and deferred loans for the rehabilitation of qualified single-family residences throughout the City. Beneficiaries are low- and moderateincome owner-occupied units of single-family detached dwellings, condominiums/townhomes, and/or mobile homes. This project assists in eliminating unhealthy and unsafe conditions, including but not limited to asbestos, lead, mold, and related building and health code deficiencies. This program also provides support to City Code Compliance efforts to correct substandard housing conditions.
Program Administration
Program allowable funds, not to exceed 20% of the eligible program, can be used for activity delivery and management of that program. The City currently utilizes the services of MDG Associates to provide program administration services for our Housing Rehabilitation Programs.
MDG has continued to do an excellent job as our housing rehab specialist/inspector since 2018.
FY 2025-2026 will be the (5th) fifth and final year of the Consulting Services Agreement with MDG
Proposed FY 2025-2026 CDBG Programs and Funding Budget Page 3 For the Meeting of January 14, 2025
Associates, Inc. As required by our procurement process, we will go out to bid in 2025-26 for a new service agreement for program administration to begin July 1, 2026.
Youth Scholarship Program – Continuing Program
The Youth Scholarship Program provides low- and moderate-income families with youth (ages 3- 17) residing in the City of San Dimas the opportunity to participate in various year-round programs and activities such as, summer camps, dance classes, sports activities, swim classes, field trips, amusement park fees, etc. This program assists low- and moderate-income families that cannot afford program fees offered by the Parks & Recreation Department by subsidizing the full amount of the program registration fees for each participant. This program is administered by the City’s Parks and Recreation Department in partnership with the Housing Division Staff.
Restaurant Attraction and Assistance Program – New Program for FY 2024-25 The Restaurant Attraction and Retention program supports business development likely to increase level of employment for low – and moderate -income residents of San Dimas. The Program supports economic development assistance by providing grants to restaurants who will meet the goals of 1) job creation and/or retention for low to moderate income persons (local preference) 2) Improving commercial business opportunities and availability of dining/food options for those working and living in San Dimas’s Downtown and surrounding areas, and 3) creating opportunities for recruiting new restaurants to fill commercial vacancies in downtown.
PROGRAM FY 2024-25 UPDATE
The FY 2024-25 CDBG Program started on July 1, 2024, and will continue through to June 30, 2025, with CDBG funds being administered with the three programs: Housing Rehabilitation Program, Restaurant Attraction and Assistance Programs, and the Youth Scholarship Program.
The Housing Rehabilitation Program has a goal of assisting a minimum of eight (8) households with various housing rehabilitation project, such as plumbing and electrical repairs, re-roofs, HVAC, exterior paint, and window replacements. The program is widely supported by our residents. On June 5, 2024, the Housing Rehab Wait List was opened to all San Dimas Residents.
In just one (1) day, 124 residents filled out wait list forms. After 7 days of accepting wait list forms, the wait list was closed with 149 residents on the wait list. To date we have nineteen (19) properties being serviced, potentially exhausting all the CDBG funds. In addition, for FY 2024-25 the Housing Authority budgeted $200,000 in the Home Rehab Fund for this program and the City has $1.5M of Manufacture Housing & Opportunity Revitalization Program (MORE) funds which will be utilized once CDBG funds are exhausted.
The Youth Scholarship Program has a goal of assisting twenty (20) youth for the program year.
To date, fourteen (14) youth have been assisted with scholarships for the Kids Fun Club, basketball, swim lessons, swim team, soccer, webby dance, and shooting stars. The Parks & Recreation Staff has been working diligently with this program and has spent a total of $6,257 of the $10,000 budget to date. Parks & Recreation staff is confident they can expend the budget amount and continue to provide the Youth Scholarship Program to the community.
The Restaurant Attraction and Assistance Program is a new program for the FY 2024-25. The Program guidelines were approved by LACDA and the City Council at the August 27, 2024, council meeting. Promotional materials have been created and disbursed to the Chamber of Commerce, the City’s website and at the public counter. The Community Development
Proposed FY 2025-2026 CDBG Programs and Funding Budget Page 4 For the Meeting of January 14, 2025
Department will continue to promote the Program. The Restaurant Attraction and Assistance Program has a goal of assisting one (1) new restaurant to create two (2) Full-Time Equivalent jobs.
HOUSING PROGRAMS FY 2023-2024 ACCOMPLISHMENTS
PROPOSED FY 2025-26 PROJECTS
The City of San Dimas will be receiving an estimated allocation of $171,683 for Fiscal Year 2025- 26 along with a carryover unallocated balance of $24,495 for a total of $196,178.
The proposed projects will continue to benefit low to moderate income persons by providing decent and safe housing and suitable living environments, public service, and expanding economic opportunities.
ALTERNATIVES
No alternatives are recommended for this request.
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 Program - Funds Expenditures
# Households/Persons
Assisted
Housing Rehabilitation - CDBG $220,211 16
Housing Rehabilitation - Housing Authority $120,229 10
Youth Scholarship Program -CDBG $7,267 19
Mobile Home Lift Program - Housing Authority $127,733 9 COMHE Façade Program - Housing Authority $90,000 6
COMHE Rental Assistance Program - Housing Authority $52,260 38 Rental Assistance - PLHA $59,239 24
Rapid Rehousing - PLHA $1,397 1
Rapid Rehousing - Housing Solutions Fund $18,762 10
Totals $697,098 133
FY 2023-2024 Accomplishments
Program Budget
Approx %
of Budget Est. Accomplishments
Housing Rehabilitation $121,178 62% 12 Households
-Housing Consultant Program Activity Fees $30,000 15% Administrative Fee Economic Development - Business Attraction $35,000 18% 1 FTE Jobs Youth Scholarship Program $10,000 5% 20 youth
Total $196,178 100%
FY 2025-2026 Proposed Projects
Proposed FY 2025-2026 CDBG Programs and Funding Budget Page 5 For the Meeting of January 14, 2025
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,
Lily Flores
Housing Manager
Attachments:
1. Resolution 2025-03 CDBG Program Year 2025-2026 Proposed Programs
ATTACHMENT 1
RESOLUTION 2025-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, AUTHORIZING THE ALLOCATION OF THE 2025
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2025-26
WHEREAS, the Community Development Block Grant (CDBG) Program has operated since 1974 to provide local governments the resources to meet the needs of persons of low- and moderate-income; and
WHEREAS, the City of San Dimas contracts with the Los Angeles County Development Authority (LACDA) for the disbursement of Community Development Block Grant Funds; and WHEREAS, the City of San Dimas will receive an estimated total of $196,178 through the Community Development Block Grant Funds; and
WHEREAS, the City Council has conducted a public hearing on January 14, 2025 at 7:00 pm, with the required prior noticing to provide the public an opportunity to comment on the programs proposed for the Fiscal Year 2025-26 Community Development Block Grant Funds Program.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby resolve that:
SECTION 1. The City Council approves the Community Development Block Grant (CDBG) Program Budget for Fiscal Year 2025-26 and instructs Staff to submit the necessary document and a copy of this Declaration to the Los Angeles County Community Development Commission.
SECTION 2. The City Council authorizes City Staff, to execute documents as required by the program and to adjust the Program budget as necessary throughout the Fiscal Year. This includes, but is not limited to, allocating amounts on a per project basis, adjusting project budgets, implementing a new activity, or cancelling existing activities to allow for the timely expenditure of CDBG-funds.
PASSED, APPROVED AND ADOPTED this 14th day of January, 2025. ____________________________________
Emmett G. Badar, Mayor